Terms and Conditions
Preventive maintenance service (PMS) for your Air-Conditioner
OneAssist plan offers one PMS (wet cleaning) visit for your Air Conditioner. Plan period is of one year starting from 366th day of plan activation date. Preventive maintenance service helps to maintain your appliance with cleaning services also improve the cooling performance.
How to raise a Claim?
Service Inclusions
- 1 wet cleaning service visit as per customer choice
Service Exclusions
- Spare repair or replacement & Appliance Transportation cost not covered
- Any Breakdown service request
- Any service or support beyond the plan validity is not covered
- Customer should be using the appliance according to manufacturing guidelines. Any issue in the appliance that occurs due to non-adherence to manufacturing guideline will not be covered under this service agreement. Any other service requirement other than service inclusions listed above any not included in this plan.
Detailed Terms & Conditions
Congratulations on purchasing this servicing plan. Please read the terms and conditions, so that you understand the coverage under this plan.
STANDARD TERMS AND CONDITIONS
DEFINITIONS
- Plan(s): shall mean either or all of the products/ services package offered by OneAssist from time to time, which products/services may have optional add-on components or features, details of which are mentioned in the Welcome letter kit / Welcome email / Welcome message.
- Plan Terms: shall mean the specific terms and conditions separately provided with the Terms herein which shall be specifically applicable in relation to each Plan(s).
- Cancellation Period: shall mean the number of days from the date of activation of the Plan(s) within which the Customer may cancel the Plan(s).
- Service Partner: means any third-party logistics or repairs service provider affiliated with OneAssist.
- Personal Information/Data: shall mean and include only a). Name b). Address and c.) Date of Birth of the customer.
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PURPOSE
- These terms and conditions (“Terms”) shall govern the transaction between OneAssist Consumer Solutions Private Limited (“OneAssist”) and the party whose name appears on the Order (“Customer”) in relation to the Plan(s) provided by OneAssist.
- These general terms and conditions define the framework and the respective obligations of the parties. Specific terms and conditions relating to the specific Plan(s) that has been availed or subscribed to by the Customer supplementing or derogating from these general terms and conditions may be agreed to in the Plan Terms in writing which shall be annexed to this Terms.
- Customer acknowledges the receipt of the Terms and the Plan Terms, as applicable and agrees to be fully bound by the Terms and the relevant Plan Terms. In the event, the Customer avails of any service or benefit under any of the Plan Terms, or lodges a service request within the term of the Plan, the Customer shall be deemed to have accepted the Terms unconditionally.
CUSTOMER CONSENTS AND CONFIRMATIONS
- Further, the Customer has and hereby consents to the use of the Personal Information by OneAssist for the purposes of providing the various services under the Plan(s) offered by OneAssist. OneAssist respects the privacy of the Customer and the confidentiality of Customer’s Personal Information so collected by OneAssist by itself or on its behalf and shall take all reasonable steps to protect it and maintain its confidentiality.
- The Customer also hereby consents to the Personal Information being disclosed by OneAssist to any third party including any Service Partner of OneAssist who will be either providing the benefit and/or services on each of the Plan(s) for the purposes of fulfilment of the services or if required by law.
- The Customer expressly and without limitation, consents to OneAssist or its Service Partners recording phone calls between the Customer and OneAssist on OneAssist’s helpline numbers set out in the relevant Plan Terms in order for OneAssist to inter alia (i) provide a record of the instructions received from the Customer and to share the same with the Service Partners, if required, (ii) allow itself or its Service Partners to monitor quality standards, (iii) training purposes, and (iv) meet legal and regulatory requirements.
- The Customer acknowledges that OneAssist has the sole right to vary the features/benefits under the Plan(s) or the Plans or the amount or rate of the Plan Fee or part thereof, from time to time.
- The Customer hereby provides his/her consent to OneAssist for appointing employees/collection agents to collect amounts payable to OneAssist, as may be considered necessary in the sole discretion of OneAssist and which shall be at the sole risk and cost of the Customer.
- The Customer acknowledges that OneAssist may engage third parties including Service Partners for the fulfilment of the services and the Customer hereby consents to OneAssist disclosing, to the extent relevant, the Customer’s Personal Information and/or details of Plan(s) availed by the Customer to inter alia (a) our affiliates Service Partners (b) to our suppliers, vendors, for the purposes of servicing the Customer.
- The Customer hereby consents to OneAssist identifying any other service providers and/or products that may be of some interest to the Customer.
- The Customer hereby consents to receiving period SMS / WhatsApp message / email communication from OneAssist of information pertaining to its product features / services.
TOTAL FEES/CHARGES
- The all-inclusive Plan Fee(s) for the respective Plan(s) shall be as more particularly set out in the Plan Terms.
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- Activation of OneAssist Plan(s) is subject to realization/receipt of the Plan Fee.
PROCESSING OF SERVICE REQUESTS
Any service request made by the Customer under these Terms and Plan Terms shall be subject to the following:
- The Customer having met and complied with the Terms and the Plan Terms (as applicable). This also applies to terms and conditions set out herein and any others which may be added to the Terms and/or the Plan Terms and communicated to the Customer at a later date;
- The Customer having provided OneAssist with full and accurate information in connection with the coverage, as applicable;
- The Customer having acted in a bona fide manner to make a service request;
- Notwithstanding anything contained hereinabove, OneAssist shall not be obliged to entertain any service request from the Customer unless the Plan Fee up to the date of service request has been paid.
CANCELLATIONS/ RENEWAL/TERMINATION
OneAssist will cancel the Terms and/or the Plan Terms if the Customer has at any time:
- agreed to help any third party to try to fraudulently or dishonestly obtain money from OneAssist; or
- is in violation of applicable law as may be relevant to the use of the Plan(s); or
- failed to meet the Terms and/or the Plan Terms.
CONFIDENTIALITY
- OneAssist shall make reasonable efforts to ensure that the Personal Information of the Customer is kept confidential and not disclosed to any third party except to the extent required for fulfilment of services.
REPRESENTATIONS AND WARRANTIES
- The Customer is in compliance with the applicable law as may be relevant for the Plan (s) which is availed of by the Customer
- The Personal Information provided by the Customer for the purposes of availing of the Plan(s) is and shall be true and accurate.
OBLIGATIONS AND COVENANTS OF THE CUSTOMER
- The Customer undertakes that he/she shall strictly comply with the terms of usage contained in the Plan Terms in relation to the use of the Plan(s).
The Customer undertakes and covenants that he/she shall not use / make use of the Plan(s) to or in the course of usage of the Plan(s), upload, display, publish, update, disseminate or transmit content or information that:
- belongs to another person and to which the user does not have any right to or which is confidential;
- is an impersonation of another person, grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
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- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
- Threatens the unity, integrity, defense, security or sovereignty of India or seditious, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation or violates any other provision of law.
LIMITATION OF LIABILITY
- OneAssist shall not be liable for any incidental, consequential, exemplary, special or indirect damages (including, but not limited to, loss of profits, revenues, data and/or use). OneAssist disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. OneAssist’s total liability under the Terms and/or the relevant Plan Terms shall not exceed the Plan Fee.
INDEMNITY
The Customer hereby agrees to defend, indemnify and hold OneAssist and its officers, directors, employees and subcontractors harmless from any and all losses, damages, liabilities, verdicts, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) incurred by OneAssist or its officers or employees arising out of:
- any wrongful act or omission of the Customer in relation to the usage of the Plan(s);
- any wilful misconduct, gross negligence or fraud by the Customer;
- any failure of the Customer to comply with the applicable law;
- any breach of the representations, warranties, obligations and covenants of the Customer or a
default of the Customer’s obligations; and
NOTICES
- Any notice required under the Terms and/or the relevant Plan Terms must be in writing and must be either (a) delivered in person, (b) sent by first class registered mail, or air mail, as appropriate, or (c) sent by overnight courier, in each case properly posted and fully prepaid to the appropriate address set forth herein.
OneAssist Consumer Solutions Private Limited
PO Box 7431, 18, Military Rd, Sankasth Pada Welfare Society, Shivaji Nagar JJC, Marol, Andheri East, Mumbai, Maharashtra 400059
MISCELLANEOUS
- The Terms will inure to the benefit of the legal successors of OneAssist. Other than as stated above, no assignment of the Terms is possible.
- OneAssist will not incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of the parties. Such events, occurrences, or causes will include, without limitation, acts of God, bandhs, riots, acts of war,
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natural disaster, fire, epidemic, quarantine restrictions, outbreak of debilitating disease and any travel restrictions or bans (including bans on non-essential travel) issued by any governmental authority, lockout and explosions, or any other events reasonably beyond the control of either party.
- OneAssist reserves the right to amend the Terms and/or the Plan Terms and/or the features or pricing of the Plans. Upon such amendment, such terms will become applicable immediately and will be intimated to the Customer in due course. If the Customer does not accept the amendment of the Terms and/or the Plan Terms, he shall have the right to terminate Terms and the Plan Terms with appropriate notice as may be specified in section “CANCELLATIONS/ RENEWAL/TERMINATION”. The alteration of the Terms and/or the Plan Terms shall be deemed accepted where the Customer continues to use the services available under the Terms and/or the Plan Terms one (1) month after the amendment has taken effect.
- The Terms along with the relevant Plan Terms constitutes the entire agreement between the parties with respect and in relation to the Plan (including any modification or amendment thereto) subscribed or availed of by the Customer and supersedes all previous communications, representations, understandings and agreements, either oral or written.
- The Agreement shall be governed by the laws of the Republic of India.
- All disputes arising in connection with the Terms and/or the respective Plan Term(s) shall be finally settled by arbitration pursuant to the rules of the Arbitration and Conciliation Act, 1996, by one arbitrator appointed in accordance with the said Rules. The seat of arbitration shall be Mumbai. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.
AIR-CONDITIONER PREVENTIVE MAINTENANCE SERVICE PLAN TERMS AND CONDITIONS – “PLAN”
This “Air Conditioner Preventive Maintenance Service Plan", herein also after referred to as “AC PMS” or “Plan” has been entered into between OneAssist Consumer Solutions Private Limited, herein after referred to as "OneAssist", incorporated under the Companies Act, 1956 and having CIN U93090MH2011PTC218163 and the name & address of the customer, herein referred to as “Customer”, mentioned in the application form. The terms & conditions of the plan shall be fully binding on the customer for the product(s)/appliance(s)/equipment(s) covered, herein referred to as “Product(s)”.
Please note that the OneAssist AC PMS is a maintenance contract and provides only preventive maintenance for the Product. The Plan does not offer to provide free spare or replacement parts/components, or indemnify for loss of the Product or its parts/components, in any manner whatsoever.
GENERAL DEFINITIONS
- Product(s) Covered: Air Conditioners - Window, Split & Inverter.
- Official Channel: Manufacturer, Manufacturer Subsidiary company, OneAssist Authorized Retailer/ Dealer/ Distributor, Authorized Service Partners, Flipkart Platform (www.flipkart.com; Flipkart Mobile Application and Flipkart Lite), Online Retail channel and OneAssist official website & apps.
- Normal Operating Condition: Ability of the product to perform its specified function subject to the acceptable level of change in performance due to ageing or climatic conditions. The acceptable level of change for this purpose will be as per the respective Manufacturer’s specifications.
- Normal use: Use of the product in accordance with the Manufacturer’s guidelines for Product usages including but not limited to regular maintenance and upkeep of the Product, usage of specified protection device such as voltage stabilizer.
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- Onsite Service: The repair technician will visit the premises where the product has been installed to provide the services.
- Breakdown/Functional Breakdown/Electric & Mechanical Breakdown: Means the mechanical and/or electrical defects and or failure of the product that cause it to not function in its intended manner under normal usage conditions. It is further clarified that normal wear and tear to parts is not considered as functional breakdown.
- Manufacturer’s Warranty/Guarantee: The original warranty/guarantee provided by the respective manufacturer to the respective product as per manufacturer’s warranty/guarantee terms & conditions.
- Manufacturer’s Warranty/Guarantee Period: The uninterrupted period of the Manufacturer’s Warranty/ Guarantee as stated on the original official manufacturer’s warranty/guarantee certificate and publications.
- Service Contract Term: commences on the day of plan purchase and is for a period specified in the service contract details of the Plan Terms, and shall continue to remain in force for a period as applicable, unless terminated earlier as per terms herein.
- We, Us, Our: The issuer of the Plan i.e. OneAssist
- You, Your, Customer: The person to whom We are issuing Our Plan.
WHAT WE COVER
- You are entitled to 1 wet preventive maintenance visit during the plan period for Air Conditioner. You will need to request for the preventive maintenance visit as mentioned in the service request process. The process of preventive maintenance involves cleaning the clogged Filters, Coils and Fins of your air conditioner to optimise its performance. Any leak fix and Gas charging is not covered in the preventive maintenance visits under the Plan. Service Requests for preventive maintenance visit will not come under 6-hour response time promise. Such requests will be closed within 7 days of raising a request.
CONDITION OF COVER
- You must be the rightful owner of the product(s) included under the Plan.
- All the products included under the plan should be at one single address, under one roof (maximum 6 rooms) and used for domestic purposes only. OneAssist will not be liable for any service requests under the program if the product is being used in a commercial establishment. Products used in an office environment, in which administrative, clerical or professional activities are conducted, fall under this exclusion.
- The plan is limited to select cities within defined geographic boundary of the Republic of India. At the time of purchase of the plan you would be asked for your pin code. This plan will only be available to you if the pin code is serviceable.
- This plan is bundled for all products outlined in the section “QUALIFYING PRODUCTS & BRANDS” that carry a manufacturer’s warranty of 12 months on the entire unit.
- Address change is not allowed in this plan. If you change the address, plan will be cancelled and no refund will be allowed.
- The plan is Non – Transferrable, if the ownership of your covered appliance changes, there will no longer be coverage for that appliance.
- Only those products that carry or carried a valid OEM warranty in India can be covered under the plan. We will not be responsible for servicing any product that doesn’t meet this condition even if it gets on- boarded at the time of plan activation. Products bought from outside of India also subject to this condition.
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- Defective products at the time of purchasing the plan are also eligible to be covered under the plan provided the plan is purchased prior to availing any repair services. Any repair work would start only after the plan price has been realised.
- The plan is applicable for a period of 12 months (1 year) starting from 366th day of successful activation. The plan cover period is also mentioned in the email / message that will be sent to you post successful activation of your plan by you. It is your responsibility to verify the details mentioned in the e- mail and get any discrepancy corrected within 7 days of receipt of the email.
- The plan shall become effective once OneAssist, accepts the application of the customer and shall continue to remain in force for the period as applicable, unless terminated earlier as per terms herein.
- OneAssist or its Service Partners shall provide services only during normal working hours on regular working days of OneAssist and/or its Service Partners.
- Normal Working hours would be 9:00 am to 9:00 pm on all days excluding public holidays.
- OneAssist makes no express or implied warranties whatsoever regarding the services provided/rendered and/or effects thereof etc. and shall not be liable to the Customer or any other person claiming, by, through or under the Customer.
- The plan covers the service charges for at-home service within the city/municipal limits of the OneAssist Service Centres.
- In case the damage/malfunction of the Product is due to reasons other than that covered under the plan or it is caused by conditions defined under exclusions, OneAssist shall offer to repair the device for the customer. The cost of such repairs like labour, visit, cost of parts replaced, cost of transporting the device to service (if required) will have to be borne by the Customer.
- All defective components will be replaced with parts which are new or like new in performance
adhering to manufacturer’s specifications, at our sole discretion.
EXCLUSIONS APPLICABLE UNDER THE PLAN
OneAssist shall not be liable to provide any services or make any payments under this Plan, directly or indirectly for, caused by, arising from or in any way attributable to any of the following:
- Any kind of wilful negligence or misconduct or contractual liability or indirect and/or consequential losses
- War, invasion, act of foreign enemy hostilities or war like operations
- Breach of law with criminal intent
- Ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel
- Radioactive substances, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof
- Loss of valuables on account of theft, unless specifically covered
- Loss or damage to the Content on account of- Its own fermentation & Breakage, cracking or scratching of Crockery, Mobiles, Cameras, Binoculars, Sculptures, Curios, Paintings, works of art, Musical instruments, Toys, Sports gear, items of glassware unless specifically covered
- Any costs recoverable under manufacturer's warranty shall not be covered.
- Property kept in open or outside the premise
Loss of or damage to the following is excluded, unless specifically covered
- Livestock, motor vehicles, pedal cycles, explosives
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instructions or use of any accessory which has not been approved by the manufacturer.
- Defects in external wiring, electrical connection or plumbing that are not an integral part of the Product
- Any failure or damage ever covered under a product recall
- Defects due to transmission/cable/DTH or any other external source from where the signal/input are fed to the product.
- Television screen imperfections, including "burn-in" or burnt pixels or internal LED/LCD/Plasma Panel, dark pixels & Bright pixels are not considered as defects if there are up to 5 such pixels.
- Service for software related faults resulting from incorrect software installation or usage, or software viruses, or inherent bugs.
- ACs where the Outdoor and Indoor unit are not of the same make and model.
- Any failure or damage ever covered under a product recall
- Any failure arising due to any external factors such as corrosion, rust, denting, animal / insect damage or due to Foreign bodies.
- Use of Product in a commercial environment, unless specifically accepted by Us.
- Any cost for the replacement or reinstatement of any data, software, information or music stored, on the Product
- Any legal liability, consequential loss, loss of use or damage/injury to third party
- Satellite system repairs caused by weather damage to satellite antennae, failure of the television set or realignment of satellite antennae
- Any loss or damage caused to the Product whilst in transit or otherwise that has been entrusted for any service, repair or replacement to any entity other than those authorized by OneAssist
- If you authorize the repair or any services excluded under this plan, you shall pay its repair fees for such work.
CUSTOMER RESPONSIBILITY
- Customer shall provide details of all appliances that are required to be covered under the plan at the time of purchase of plan. Any deviation of the declared data from the actual appliance information will lead to discrepancies in the estimate of repairs provided to customer
- Customer shall provide representative of OneAssist/its service provider full access to the Product/Equipment in order to effect necessary adjustments and repairs.
- Customer shall provide all the supporting documents within the time frame specified by OneAssist for repair.
- Customer shall retain all original invoices provide by OneAssist’s Service Partner on account of repair/
replacement of spares for a period of 30 days from the date of invoice
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- Customer shall provide adequate storage space for spare parts, test Product/Equipment and adequate work space, heat, light, ventilation and electric current for use by representative of OneAssist/its authorized representative for provision of services at Customer's location.
- Customer shall be responsible to de-install all add-ons and/or accessories from the Product/Equipment before providing the same to OneAssist for services, maintain backup copy of all software and data, restore software and data on the unit after repair.
- Customer shall register all complaints/requests for services only through official OneAssist Call Center or through One Assist App/OneAssist website.
- Customer shall comply with all applicable laws, rules and regulations.
- Customer shall indemnify us and hold harmless against any act of omission and commission and any consequences arising thereof and defend OneAssist from and against all claims, arising as a result of breach of this Contract.
- Customer agrees that it shall be its responsibility to be aware of the Contract and the changes therein. Ignorance if any shall be the total responsibility of the Customer.
- The Customer understands that the services have been subscribed on his/her own name and name change in any circumstances is not permitted.
- Customer shall not assign any right or interest or delegate any obligation arising herein to any person without OneAssist's prior written consent.
- The Customer is solely responsible for any unauthorized transfer/change in ownership of the Product/Equipment.
- Customer shall return the standby/loan spare parts, if any provided by OneAssist on or before OneAssist returning the original set/Spares to the Customer.
- NON-ACTIVATION & NON-FULFILMENT of ANY of the above conditions may result in the plan being considered as void and all requests made against plan are liable to be rejected without any refund.
LIMITATION OF LIABILITY
- OneAssist shall not be liable to provide repair or replacement of spares in cases where spare parts of the Product are not commercially available in the local market.
- OneAssist shall not be liable to the Customer for any damages resulting from or related to any services performed by OneAssist hereunder, including, but not limited to, any loss of data or software, inability of OneAssist to correct any errors, malfunctions and defects in the Product/equipment/hardware/software delay of OneAssist in performing any services hereunder.
- In no event, shall OneAssist be liable to the customer for any indirect, special, or consequential damages or lost profits arising out of or related to services provided by the OneAssist under this plan, even if OneAssist has been advised of the possibility thereof, or knew or should have known thereof.
CHARGES AND PAYMENT
- Customer shall make payment of all charges in advance at the time of subscribing for the services.
- For services to be provided by OneAssist for repair, Customer shall forthwith make payments towards cash receipt or invoice raised by OneAssist or its Authorized representative.
- Charges payable by the Customer are exclusive of taxes, duties or levies unless expressly stated to the contrary.
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TERMINATION
- In addition to the typical termination that exists in this T&C, the Plan will be terminated at the closing hours of the coverage end date of the Service Contract Term.
SERVICE REQUEST PROCESS
GOVERNING LAW& JURISDICTION
- The validity, construction and performances of terms herein shall be governed by and interpreted in accordance with the laws of the Republic of India,
- The parties hereto unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the competent Courts in Mumbai with regard to any matter or dispute arising hereto or any other documents that may be executed by the parties hereto.
MISCELLANEOUS
- The marketing brochures are meant purely for educating customers about the features and terms of the plan and they have no commercial value.
- This Agreement is the complete and exclusive agreement between OneAssist Consumer Solutions Private Limited and Customer relating to the subject matter hereof. Any statements or representations made by resellers, ASPs or others that are inconsistent with this Agreement shall not be binding upon us.
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