1.1 "Plan Fee" shall mean the fees charged by Spectronic Network from time to time for the Plan(s) availed of by the Customer and set out in the respective Plan Terms. The Plan Fee is applicable for the respective duration of the plan as mentioned below. The Plan Fee is inclusive of all applicable taxes.
1.2 "Plan Terms" shall mean the terms and conditions separately provided with the Terms herein which shall be specifically applicable in relation to each Plan(s).
1.3 "Service Partner" means any third-party service provider affiliated with Spectronic Network.
1.4 "Personal Information/Data" shall mean and include such personal and financial information of the Customer relating to his/her data /or documents, in any medium including financial information such as bank account or credit card or debit card or other payment instrument details, identification document details including passport, PAN card details, driving license, etc.
1.5 "Service Centre" means the Authorised Service Centre or Spectronic Network Authorised Service Centre used for carrying out damaged Product Repair/Replacement.
2.1 These terms and conditions ("Terms") shall govern the transaction between "Spectronic Network" and the party whose name appears on the Order ("Customer") in relation to the Plan(s) provided by Spectronic Network.
2.2 These general terms and conditions define the framework and the respective obligations of the parties.
2.3 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, that the Customer activates the insurance by sharing Product details or avails of any benefit under any of the Plan Terms or lodges a claim within the term of the Policy, the Customer shall be deemed to have accepted the Terms unconditionally
3.1 Further, the Customer has and hereby consents to the use of the Personal Information by Spectronic Network for the purposes of providing the various services under the Plan(s) offered by Spectronic Network. Spectronic Network respects the privacy of the Customer and the confidentiality of Customer's Personal Information so collected by Spectronic Network by itself or on its behalf and shall take all reasonable steps to protect it and maintain its confidentiality.
3.2 The Customer also hereby consents to the Personal Information being disclosed by Spectronic Network to any third party including any Service Partner of Spectronic Network who will be either providing other benefits and/or services on each of the Plan(s) for the purposes of fulfilment of the services or if required by law.
3.3 The Customer expressly and without limitation, consents to Spectronic Network or its service partners recording phone calls between the Customer and Spectronic Network on the helpline numbers set out in the relevant Plan Terms in order for Spectronic Network 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.
3.4 The Customer acknowledges that Spectronic Network 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.
3.5 The Customer acknowledges that Spectronic Network may engage third parties including service Partners for the fulfilment of the services and the Customer hereby consents to Spectronic Network 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.
3.6 The Customer hereby consents to Spectronic Network identifying any service providers and/or products that may be of some interest to the Customer.
3.7 The Customer hereby consents to receive period SMS/mail communication from Spectronic Network of information pertaining to its product features/services.
4.1 Spectronic Network shall charge the Plan Fee from the Customer for availing of the Plan(s) from time to time and for the duration of the respective Plan. The Plan Fee shall be payable in advance and the Customer may make a one-time payment of the Plan Fee for the applicable period or authorise Spectronic Network with appropriate debit instructions to deduct the Plan Fee from the Customer's bank or credit/debit card from time to time including applicable taxes and levies.
4.2 The Plan Fee(s) and the Insurance Fee for the respective Plan(s) shall be as more particularly set out in the Plan Terms.
4.3 Activation of Spectronic Network Plan(s) is subject to realisation/receipt of the Plan Fee. However, activation of Insurance cover is subject to receipt of documents and Product-related information as specified in the Insurance cover section hereunder.
5.1 The Customer acknowledges and understands that claim or payment of any benefit covered by an add-on insurance cover shall be at the sole discretion of the Spectronic Network.
5.2 Any claims made by the Customer under these Terms and Plan Terms shall be subject to the following:
a) 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;
b) The Customer having provided Spectronic Network with full and accurate information in connection with the coverage, as applicable;
c) The Customer having acted in a bona fide manner to make a claim;
d) The Customer having complied with the requirements of Spectronic Network for the purposes of processing the claim may be required from time to time.
a. Claim form submitted via ProTekt App, web portal or customer service number.
b. Invoice copy of the product.
c. Govt. issued ID proof.
d. Supporting report by an authorised service centre.
e. Any other document or evidence as may be required.
5.3 Notwithstanding anything contained here in above, Spectronic Network shall not be obliged to entertain any claim from the Customer unless (i) the Customer is over the age of 18 years at the time of Plan activation and a resident of India, and (ii) the Plan Fee up to the date of claim has been paid.
6.1 Spectronic Network will cancel the Terms and/or the Plan Terms if Spectronic Network does not receive the Plan Fee (all-inclusive) on the date it is due.
6.2 Spectronic Network will cancel the plan if the information/documents, Product details or images as stipulated in the plan, that may be required for the purpose of the insurance cover activation is not made available within 15 days of purchase of the plan
6.3 Spectronic Network will cancel the Terms and/or the Plan Terms if the Customer has at any time:
a. Agreed to help any third party to try to fraudulently or dishonestly obtain money from Spectronic Network; or
b. Is in violation of applicable law as may be relevant to the use of the Plan(s); or
c. Failed to meet the Terms and/or the Plan Terms, or to act in good faith, openly, honestly and in a bona fide manner towards Spectronic Network including by providing false or inaccurate information.
7.1 Spectronic Network 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 the fulfilment of services.
8.1 The Customer represents that he/she has completed the age of 18 years and is a resident of India.
8.2 The Customer is in compliance with the applicable law as may be relevant for the Plan (s) which is availed of by the Customer.
8.3 The Personal Information provided by the Customer for the purposes of availing of the Plan(s) is and shall be true and accurate.
9.1 If the Customer receives a benefit as contemplated under any specific Plan Terms and it is later discovered that the claim was dishonest, fraudulent or false, Spectronic Network will take steps to recover from the Customer, such payment(s) made to the Customer, either by Spectronic Network or a third party, as the case may be.
9.2 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).
9.3 The Customer acknowledges, confirms and covenants that the object of the Plan(s) being availed of or provided by Spectronic Network is not an ‘insurance product' but insurance is merely an add-on feature of the Plan(s) on a product insurance basis and that the Customer has availed of the Plan(s) in accordance with this understanding.
9.4 The Customer undertakes and covenants that he/she shall not use or 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:
a. Belongs to another person and to which the user does not have any right to or which is confidential;
b. 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;
c. Harm minors in any way;
d. Infringes any patent, trademark, copyright or other proprietary rights;
e. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
f. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
g. Threatens the unity, integrity, defence, security or sovereignty of India or seditious, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation or violates any other provision of law.
10.1 Spectronic Network 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). Spectronic Network disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Spectronic Network's total liability under the Terms and/or the relevant Plan Terms shall not exceed the Plan Fee.
11.1 The Customer hereby agrees to defend, indemnify and hold Spectronic Network 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 Spectronic Network or its officers or employees arising out of:
a. Any wrongful act or omission of the Customer in relation to the usage of the Plan(s);
b. Any will full misconduct, gross negligence or fraud by the Customer;
c. Any failure of the Customer to comply with the applicable law;
d. Any breach of the representations, warranties, obligations and covenants of the Customer or a default of the Customer's obligations; and
e. Any third-party claims arising out of the Customer's use of the Plan(s).
11.2 This indemnity will survive the termination of the Terms and/or the Plan Terms and is in addition to and not in substitution of the other remedies and rights that Spectronic Network may have, either at law in the Terms and/or the Plan Terms
12.1 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 airmail, as appropriate, or (c) sent by overnight courier, in each case properly posted and fully prepaid to the appropriate address set forth herein.
Spectronic Networks
Ground Floor 46/1561/,
Vakkattu Road, Chakkaraparambu Junction,
Kochi, Ernakulam, Kerala - 682028
13.1 The Terms will inure to the benefit of the legal successors of Spectronic Network. Other than as stated above, no assignment of the Terms is possible.
13.2 Spectronic Network 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, natural disasters, fire and explosions, or any other events reasonably beyond the control of either party.
13.3 Spectronic Network 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 the Terms and the Plan Terms with appropriate notice as may be specified in Clause 6. The alteration of the Terms and/or the Plan Terms shall be deemed accepted where the Customer continues to use the service one (1) month after the amendment has taken effect.
13.4 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.
13.5 The Agreement shall be governed by the laws of the Republic of India.
13.6 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 Kochi. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.
Note: The terms contained herein are specific terms and conditions and should be read in conjunction with the specific features of the product purchased by you as mentioned in the Welcome Letter kit/ Welcome email. These conditions are in addition to and not in derogation of the standard terms and conditions.
The definitions as set out herein are in addition to the definitions as set out in the General Terms.
"Insurance Policy" means the insurance policy issued by Spectronic Network.
"Device" shall mean the mobile phone device of the Customer. The Customer can only avail of the Extended Warranty package in relation to one Mobile Phone, i.e. one Plan per Mobile Phone.
"Official Channels" -Manufacturer, Manufacturer's subsidiary company, Authorized dealer/ Distributor appointed by the Manufacturer or its subsidiary located within India.
"Normal Operating Condition" -Ability of the product to perform its specified function subject to the acceptable level of change in performance due to aging 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 manufacturers guidelines for product usage including but not limited to regular maintenance & upkeep of the product, Usage of specified protection devices such as voltage stabilizers.
"Breakdown" - means the mechanical and/or electrical defects and / or failure of a product that cause it to not function in its intended manner.
"Covered Breakdown" -Breakdown covered by the Manufacturer's Warranty / Guarantee during the Manufacturer's Warranty / Guarantee period. The covered breakdown will vary for each product in accordance with the Manufacturer's Warranty / Guarantee for the said product.
"Manufacturer's Warranty / Guarantee" -The original warranty / guarantee given by the respective manufacturer in respect of a product.
"Manufacturer's Warranty / Guarantee Period" -The uninterrupted period of the manufacturer's Warranty / Guarantee covers as stated on the original official Manufacturer's Warranty / Guarantee certificate or publication.
2.1 Device is manufactured in India or is legally imported in India & sold through Official Channels supported by an invoice & Manufacturer's Warranty / Guarantee.
2.2 Device is purchased new from the manufacturers authorized dealer / distributor and is supported by Manufacturer's Warranty / Guarantee of not less than 12 months.
2.4 The Extended Warranty plan is valid only in India on Device which are purchased and repaired within India.
A. Connect with Spectronic Network
• In the event of any defect or failure of the device, the Customer has to file a claim using mobile App or web portal including all the relevant documents.
B. Extended Warranty Insurance Cover:
The Policy shall be valid for a period of 12 months from your Manufacturer Warranty expiry date subject to the terms mentioned below.
Claim settlement shall be at the sole discretion of Spectronic Network.
Brand new mobile provided by Spectronic Network which is declared for Insurance and insured for a period of 12 months from the date of Expiry of Manufacturer Warranty.
Extended Warranty
The coverage is for cost of parts and labour in respect of the covered Product for covered inherent mechanical and electrical breakdown/defects to the extent provided by the manufacturer's warranty for devices manufactured in India or is legally imported in India & sold through Official Channels supported by an invoice & Manufacturer's Warranty/Guarantee.
The Extended warranty coverage replicates the terms of the Manufacturer's Warranty/ Guarantee against any malfunctions or breakdown for the duration opted for by You. Hence, warranty claim will be approved only after approval by manufacturer or authorised service partner.
Coverage:
Coverage for Extended Warranty commences on expiration of Manufacturer's Original Warranty for the period 12 Months. The policy provides coverage for cost of parts and labour in respect of the covered device for covered inherent mechanical and electrical breakdown/defects to the extent provided by the manufacturer's warranty for device manufactured in India or is legally imported in India & sold through Official channels supported by an invoice & Manufacturer's Warranty/Guarantee.
Liability for any one repair shall in no event exceed the depreciated value of the Device at the time of repair.
The total of all benefits paid or payable under this Plan while it is in force shall not exceed the original purchase price paid by customer for the device covered by this policy
All sums which may from time to time be paid by way of indemnity under this Policy in any one Period of Insurance shall be accounted in diminution of the Total Sum Insured so that in case of any subsequent event giving rise to a claim occurring during the same period the total amount payable during that period by the Company shall not in any case exceed the Total Sum Insured. The Extended Warranty plan is valid only in India on Mobile devices which are purchased and repaired within India
Sum insured: Cost of equipment only as per purchase invoice.
Geographic limit - India Only
Devices purchased abroad stand excluded
BER is the cost of repair equal to or more than the depreciated amount. In case of Total loss/BER Spectronic Network at its discretion may pay the customer the depreciated amount or remaining sum assured whichever is lesser will be paid to customer.
Basis of loss settlement:
In cases where damage to an insured device can be repaired, Spectronic Network will pay expenses necessarily incurred to restore the damaged machine to its former state of serviceability plus the cost of dismantling and re-erection incurred for the purpose of effecting the repairs as well as ordinary freight to and from a repair-shop customs duties and dues if any.
In cases where only part needs to be replaced covered under the warranty program, the cost of the part will be indemnified including ordinary freight.
Spectronic Network will make payments only after being satisfied, with necessary bills and documents that the repairs have been carried out, as the case may be.
Mandatory Device related information for activating Insurance cover:
It is mandatory for the Customer to provide the following device related information to Spectronic Network for the purpose of activating Insurance cover:
• Device Serial no/IMEI No.
• Make and model of the Device
• Order ID
• Invoice value
• Invoice date
• Invoice Copy
Whereas Spectronic Network will make all efforts to collect the above information from the Customer, it is the responsibility of the Customer to ensure that all the said information is made available to Spectronic Network. Spectronic Network will be able to activate the Insurance cover on the said device only after receiving the above-mentioned information. In case of non-receipt of the above-mentioned information, any Insurance claim on the said device may be declined by Spectronic Network at its discretion. Spectronic Network may at its discretion require photo images of the device to be submitted by the customer at the time of creation of Spectronic Network membership. Spectronic Network shall in no way be liable for decline / rejection of Insurance claim on account of incorrect / incomplete information from the Customer.
Spectronic Network shall not be liable for:
1. Costs implicitly or explicitly covered by any manufacturers, suppliers or repairers guarantee or Warranty.
2. Non-operating and cosmetic damage to the Product, such as damage to paintwork, Product finish, dents or scratches
3. Accessories used in or with the Product unless covered under a separable warranty policy - (for e.g. Computer software, modem, scanner, printer and charger)
4. Replacement of any consumable item or accessory - These include but are not limited to plugs, fuses, light bulbs, light covers, cables, filters, attachments, belts, toner, ribbons, drums, tapes or software and add-on options incorporated in a Product
5. Normal wear and tear of items not integral to the functioning of the Product - Routine maintenance, cleaning, lubrication, adjustments or alignments, overhaul, modification and de-scaling.
6. Coverage will not under any circumstances, extend to any loss or injury to a person or loss or damage to property or any incidental, contingent, special or any direct or indirect loss and consequential damages including but not limiting to losses incurred due to any delay in rendering service related to this policy and loss of use during the period that the Product is at an authorised repairer and/or while awaiting parts.
7. Damage caused by unauthorised repair, theft, burglary and accident including earthquake, storm and or hurricane, abuse, misuse, sand, dust, water, negligence, fire, flood, lightning, malicious damage, impact, corrosion, battery leakage, acts of God, animal or insect infestation or intrusion.
8. Damage resulting from power outage, power surges or dips, fluctuating voltage, inadequate or improper voltage or current.
9. Cost of removal or re-installation of the Product.
10. Reception or transmission problems resulting from external causes
11. Problems or defects not covered under the original Manufacturer's Warranty / Guarantee.
12. Batteries, internal or external to the Product
13. Breakdowns caused by computer virus or realignments to Products
14. Recalls or modifications to the Product
15. Failure to follow the manufacturer's instructions
16. Costs arising from incorrect installation, modification or maintenance
17. Costs arising from being unable to use the Product or from damage which results from the Breakdown of the Product.
18. Damage / failure caused before or during Product delivery.
19. Use of batteries, charger and / or accessories not approved by the manufacturer, incorrect electrical leads or connection.
20. The cost of repairing, restoring or reconfiguring computer software.
21. Any consequential or incidental damages arising from the use or loss of use of the Product, Your & the Customers statutory rights are unaffected.
22. If the product is sold by original buyer to other party
23. If the product is moved out of the country of purchase, it will not be covered by this policy.
1. In case of any issues to the product, the Customer is required to submit a Claim application along with relevant data and documents said above using the ProTekt App or Web Portal or call the Spectronic Network call centre on +91 9731816805 or mail at mis@spectronicnetwork.in for assistance within 72 hours of discovering the damage.
2. Spectronic Network will verify the documents received from the customer over the ProTekt App, web Portal or WhatsApp and will reach out to the customer for further action. This will be either one of the scenarios listed below.
Different Scenarios:
a) Scenario 1- Customer takes product to the nearest service centre.
• The customer can visit the nearest authorised service centre and submit the product.
b) Scenario 2- Home Service of the product.
• A service/maintenance executive visit will be arranged from the nearest authorised service centre to customer's house for evaluating the issue.
c) Scenario 3- Spectronic Network will take the mobile phone and service it.
• In case of mobile phones, if required, Spectronic network will arrange to take the mobile phone back
The Customer must do the following: -
1. Submitted the Claim form and relevant documents and images via App or web Portal within 72 Hrs of discovering the issue.
2. Customer to submit the product if BER (Beyond Economic Repairs) to Spectronic Network to release the depreciated value to the customer.
3. Cooperate with the Surveyor / Investigator if appointed.
4. The Customer shall produce for Spectronic Network's examination all pertinent documents at such reasonable times and shall co-operate with Spectronic Network in all matters pertaining to any Claims. Failure to comply with this condition may prejudice the Claim. Filing a false or fraudulent Claim will invalidate the Claim and result in rejecting the Claim and any other action deemed fit.
5. If the product claimed is BER, the product will become property of Spectronic network and the payment of depreciated value for the product will only be done after product is received at the nearest Spectronic Network warehouse/Hub.
Conditions:
For avoidance of doubt, In the event of the insured device being lost or destroyed by the operation of insured perils, the liability of the company shall be limited to the Invoice value or Market value or Sum Insured whichever is lower subject to depreciation as applicable.
All notices required to be given by the Customer to Spectronic Network must be in writing, addressed to Spectronic Network and no alteration in the terms of the Policy or any endorsement thereon will be held valid unless the same is signed or initialled by an authorized representative of the Insurer.
Customer shall-
• a. take all reasonable steps to safeguard the Insured product against any insured event;
• b. take all reasonable steps to prevent a claim from arising under this Policy;
• c. ensure that any security system or aid is maintained in accordance with any maintenance schedule or recommendations of the manufacturer or if none then as may be required, and kept in good and effective working condition
Any disputes or differences under this policy shall be subject to the exclusive jurisdiction of Courts in Kochi, India.
No sums payable under this policy shall carry interest.
The due observance and fulfilment of the terms and conditions and endorsements of this policy in so far as they are relating to anything to be done or complied with by the insured shall be condition precedent to any liability of the insurer to make any payment of the policy only.