Contract Terms & Conditions

Throughout this Contract, the following capitalized words have the stated meaning

1. “We”, “Us”, “Our”:
   The companies obligated under this Contract as follows: In the provinces of British Columbia, Alberta, Saskatchewan and Manitoba, the obligor is Technology Insurance Company, Inc., 1145 Nicholson Road, Unit 2, Newmarket, Ontario L3Y 9C3. In all other provinces and territories, the obligor is Northcoast Solutions of Canada, ULC, whose address is 1145 Nicholson Road, Unit 2, Newmarket, Ontario L3Y 9C3.
2. You”, “Your”:
   The original consumer that purchased this Contract who is to receive the coverage provided hereunder.
3. “Program Administrator”, “Administrator”:
   The party authorized by Us to administer this program as follows: In the provinces of British Columbia, Alberta, Saskatchewan and Manitoba, Servify Canada, Inc. and/or its authorized general insurance agent, 1855 Whitby - Technology Accelerator, 400 Centre St S, Whitby, ON L1N 4W2. For all other provinces and territories, the Administrator is Servify Canada, Inc., 1855 Whitby - Technology Accelerator, 400 Centre St S, Whitby, ON L1N 4W2. You may contact the Program Administrator toll-free, 24/7 at 1-833-313-3331.
4. “Contract”:
   These terms and conditions document, together with the Contract Registration Page, which makes up Your entire agreement. Benefits under this Contract are additional to Your rights under applicable laws, the manufacturer's hardware warranty and any complimentary technical support.
5. “Plan”:
   The specific “Coverage Plan Option” under this Contract that You have selected and purchased, as indicated on Your Contract Registration Page.
6. “Contract Registration Page”:
   The confirmation of coverage document (email or electronic) provided to You at time of purchase as proof of Your Contract purchase that describes the coverage Plan selected by You, the coverage Term, and the purchase date of this Contract. If you purchased Your Contract from the OnePlus website, You may obtain a copy of Your Contract Registration Page from the confirmation email You receive. If You purchased Your Contract from the OnePlus Care App, You may obtain a copy of Your Contract Registration Page within the App, under the “Devices” section.
7. “Device Purchase Receipt”
   The receipt document (email or electronic) provided to You when You purchased Your Device, which confirms Your Device purchase price and Device purchase date.
8. “Deductible”:
   the amount You are required to pay, per Claim, prior to receiving covered services under this Contract (if any), as indicated in the Deductible section of this Contract.
9. “Term”:
   The period of time in which the provisions of this Contract are valid, as indicated on Your Contract Registration Page.
10. “Covered Device”, “Device”:
    The eligible OnePlus-branded phone that is purchased by You and covered under this Contract. Any accessories that were purchased separately and not included in the original packaging are not covered under this Contract.
11. “Failure”:
    The mechanical or electrical breakdown of Your Covered Device that results in it no longer being able to function as originally designed and intended; which is caused by defects in the manufacturer’s materials or workmanship occurring during normal use of the Device.
12. “ADH”:
    Refers to damage resulting from unintentionally dropping the Covered Device or spilling liquid onto it in the course of normal and customary use of Your Device. ADH IS NOT COVERED UNLESS AN “ADH” NOTATION IS SHOWN ON YOUR CONTRACT REGISTRATION PAGE.
13. “Power Surge”:
    Damages to a Covered Device resulting from an oversupply of voltage while properly connected to a surge protector approved by the Underwriter’s Laboratory Inc. (UL), but not including damages resulting from the improper installation or improper connection of the Covered Device to a power source.

This Policy provides for the labour and/or parts necessary to repair Your Covered Device when You have a covered claim. At Our sole discretion, You may be provided a replacement for Your original Covered Device in lieu of repair. See the About Repairs, and About Replacements bullets below for full details.

1. About Repairs –
   Parts used for repairs may be new, used, refurbished or parts that perform to the factory specifications of Your original Covered Device.
2. About Replacements –
   Reasonable efforts will be made in order to replace Your original Covered Device with a same match; however, We reserve the right to replace the original Covered Device with one of equal or similar features and functionality, but We do not guarantee such replacement will be the same colour, or model as Your original Covered Device. Additionally, please note that sometimes technological advances that are out of Our control may result in a replacement that has a lower selling price than Your original Covered Device, and this Contract does not provide any reimbursement for such a cost difference. Also know that any/all parts, components, or whole items that We provide replacement for will automatically become Our property.

During the Contract Term, Administrator will provide You with access to a call centre, app based and web-based support for Your Covered Device. Support begins on the date You purchase this Contract for Your Covered Device. Support may include assistance with claim registration, determining when hardware service is required or ADH coverage may be applicable.

1. The Device support is limited to the following: (i) the Covered Device, (ii) the unrooted Operating System (“OS”) and OnePlus approved software applications that are designed to operate with the Covered Device (“Consumer Software”). Exclusions apply as described below.

Coverage under this Contract provides for the following, as applicable to Your Plan purchase:

1. OnePlus Extended Warranty Protection Plan – This Plan is only available for purchase within 365 days of Your Device purchase date, as shown on Your Device Purchase Receipt or first activation of Your Device.

    

   1. EXTENDED WARRANTY PROTECTION PLAN TERM - Coverage for Power Surge, as defined, begins on Your Contract purchase date. Coverage for Failure becomes effective once the manufacturer’s warranty has expired. Upon expiration of the manufacturer’s warranty, coverage for Failure becomes effective and continues for the Term shown on Your Contract Registration Page.
   2. EXTENDED WARRANTY PROTECTION PLAN REPAIRS LIMIT – unlimited number of covered claims until the accumulated amount that We have paid equals the original purchase price of the Covered Device, as shown on Your Device Purchase Receipt. Once this limit is reached, Our obligations will be considered fulfilled entirely and coverage under this Contract will end; irrespective of any remaining time under the current Contract Term.
   3. EXTENDED WARRANTY PROTECTION PLAN REPLACEMENT LIMIT – maximum of one (1) replacement (provided at Our sole discretion). Once this limit is reached, Our obligations to You under this Contract will be considered fulfilled in its entirety, and coverage under this Contract will end, irrespective of any remaining time under the current Contract Term.
2. OnePlus Accidental Damage Protection Plan – This Plan is only available for purchase within 30 days of Your Device purchase date, as shown on Your Device Purchase Receipt or first activation of Your Device.

    

   1. ONEPLUS ACCIDENTAL DAMAGE PROTECTION PLAN TERM - Coverage for ADH begins on Your Contract purchase date and continues for the Term shown on Your Contract Registration Page. Coverage for Failure becomes effective once the manufacturer’s warranty has expired. Upon expiration of the manufacturer’s warranty, coverage for Failure becomes effective and continues for the Term shown on Your Contract Registration Page.
   2. ADH CLAIM LIMIT – maximum of one (1) ADH repair claim during the Term of Your Contract. Once this limit is reached, Our obligations will be considered fulfilled entirely and coverage under this Contract will end; regardless of any remaining time under the current Contract Term.
   3. REPAIRS LIMIT – unlimited number of covered claims until the total accumulated amount that We have paid (including ADH) equals the original purchase price of the Covered Device, as shown on Your Device Purchase Receipt. Once this limit is reached, Our obligations to You under this Contract will be considered fulfilled in its entirety and coverage under this Contract will end, irrespective of any remaining time under the current Contract Term.
3. OnePlus Screen Damage Protection Plan – This Plan is only available for purchase within 30 days of Your Device purchase date, as shown on Your Device Purchase Receipt or first activation of Your Device.

    

   1. ONEPLUS SCREEN DAMAGE PROTECTION PLAN TERM – Coverage for screen damages to Your Device begins on Your Contract purchase date and continues for the Term shown on Your Contract Registration Page.
   2. ONEPLUS SCREEN DAMAGE PROTECTION PLAN CLAIM LIMIT – maximum of one (1) Screen replacement claim during the Term of Your Contract. Once this limit is reached, Our obligations to You under this Contract will be considered fulfilled in its entirety, and coverage under this Contract will end, irrespective of any remaining time under the current Contract Term.
4. OnePlus Comprehensive Protection Plan – This Plan is only available for purchase within 30 days of Your Device purchase date, as shown on Your Device Purchase Receipt or first activation of Your Device.

    

   1. ONEPLUS COMPREHENSIVE COVER PROTECTION PLAN TERM - Coverage for ADH and Power Surge begins on Your Contract purchase date and continues for the Term shown on Your Contract Registration Page. Coverage for Failure becomes effective once the manufacturer’s warranty has expired. Upon expiration of the manufacturer’s warranty, coverage for Failure becomes effective and continues for the Term shown on Your Contract Registration Page.
   2. ADH CLAIM LIMIT – maximum of two (2) ADH repair claim during the Term of Your Contract. Once this limit is reached, Our obligations to You under this Contract will be considered fulfilled in its entirety and coverage under this Contract will end, irrespective of any remaining time under the current Contract Term. This Plan provides a one-time replacement service for Claims resulting from Power Surge.
   3. REPAIR LIMIT – unlimited number of covered claims until the total accumulated amount that We have paid (including ADH) equals the original purchase price of the Covered Device, as shown on Your Device Purchase Receipt. Once this limit is reached, Our obligations to You under this Contract will be considered fulfilled in its entirety, and coverage under this Contract will end, irrespective of any remaining time under the current Contract Term. Service for any Claims resulting from Power Surge are provided in addition to the repair limits stated above.

IMPORTANT: Be sure to register Your Device to maximize Your benefits. You are advised to register by following the simple two-step process:

1. Download the OnePlus Care app from the Google Play™ store on the OnePlus Device for which You just bought the Contract within seven (7) calendar days of Device purchase.
2. Enter the Activation Code sent to You on Your email along with the confirmation of Contract purchase.

Additionally, the OnePlus Care app helps You diagnose the health of Your Device from time to time, make a claim when You need service and/or reach out to Us anytime during the Term of the Contract.

Be sure to keep this Contract, the original Device Purchase Receipt, and the Contract Registration Page together, as they will come in handy when You have a Claim. These documents make up Your entire agreement with Us.

IMPORTANT: The submission of a claim does not automatically mean that the damage to or breakdown of the Device is Covered under Your Plan and this Contract. In order for a Claim to be considered, You must contact the Administrator first for claim approval and authorization number.

You may obtain service or claim support by accessing the OnePlus Care App, using the Consumer Web Portal (https://oneplus.servify.tech), by emailing Servify at can_support@servify.tech, or by calling (toll-free) 1-833-313-3331.

Explain the problem Your Device is experiencing and provide the Administrator any additional information/documentation requested of You in order to validate Your Claim. For faster claim handling, please have the mobile phone number used during the registration process, or Your Covered Device serial number readily available. You must also, upon request, present Your Contract Registration Page and the Device Purchase Receipt.

After confirmation of claim eligibility under Your Plan and this Contract, the Administrator will issue a claim reference number to You along with additional information regarding how Your Device will be further serviced (refer to the “Location of Service” section below for further details).

Authorization for payment of any required Deductible will be collected by the Administrator at this time, as described in the Deductible section below. In the event the Contract Term expires during time of an approved Claim, Your coverage will be automatically extended until the date in which the Claim in progress has been fulfilled completely in accordance with the terms and conditions of the Contract.

DURING HARDWARE SERVICE, ADMINISTRATOR OR ITS AUTHORIZED SERVICE PROVIDER MAY DELETE THE CONTENTS OF THE COVERED DEVICE AND REFORMAT THE STORAGE MEDIA. Administrator will return Your Covered Device or provide a replacement as the Covered Device was originally configured, subject to applicable updates. Administrator may install OS updates as part of hardware service that will prevent the Covered Device from reverting to an earlier version of the OS. Third party applications installed on the Covered Device may not be compatible or work with the Covered Device as a result of the OS update. You will be responsible for reinstalling all other software programs, data and passwords.

Administrator will provide hardware services to You through the Mail-in service option. Administrator will send You prepaid waybills (and, if needed, packaging material). You must ship the Covered Device to a site (Authorized Service Location) in accordance with Administrator’s instructions. Once service is complete, the Authorized Service Location will return the Covered Device to You.

1. Administrator will pay for shipping to and from Your location in case of Mail-in service.
2. Administrator may also offer to provide service through other modes if available, such as walk-in service locations (where You can walk-in for service as per Your convenience during the working hours of the service locations as stated by Administrator, “Walk-In Service Locations”) or on-site service (where a qualified technician is sent to Your registered address to repair on the spot, “On-Site Service”). Such offer will be at Our sole discretion and will not be mandatory. In the event of You choosing to walk-in to a nearby service location for repairs, on the advice of the Administrator, You will bear any applicable costs of travel to such service location(s), and Administrator’s responsibilities are limited to only covering the repairs as per the terms of the Contract. Similarly, in the event of You choosing On-Site Service, You will be informed of visit charges, if any at the time of scheduling On-Site Service request.

AS RELATED AND APPLICABLE TO THE COVERED DEVICE(S), THIS CONTRACT DOES NOT COVER ANY FAILURE, DAMAGE, REPAIRS OR SERVICES IN CONNECTION WITH OR RESULTING FROM:

1. A pre-existing condition known to You (“pre-existing condition” refers to a condition that within all reasonable probability, relates to the functional fitness of the Covered Device screen before this Contract was purchased);
2. Any claim for service to or replacement of the Covered Device that has not been prior authorized by the Claims Administrator;
3. Servicing of the Covered Device in association with a non-covered claim, and shipping or delivery charges associated with the initial purchase of the Covered Device;
4. Fortuitous events; including, but not limited to: environmental conditions, exposure to weather conditions or perils of nature; collapse, explosion or collision of or with another object; fire, any kind of precipitation, lightning, dirt/sand, smoke, nuclear radiation, radioactive contamination, riot, war or hostile action;
5. Breakdown or damage that is covered under any other insurance, warranty, guarantee and/or service agreement providing the same benefits as outlined in this Contract;
6. Abuse (meaning, the intentional treatment of the Covered Device in a harmful, injurious, malicious or offensive manner which results in its damage and/or breakdown), neglect, negligence, misuse, intentional harm or malicious mischief of or to the Covered Device;
7. Theft or mysterious disappearance, loss (unforeseen disappearance) or vandalism of or to the Covered Device;
8. Rust, corrosion, warping, bending, animals, animal inhabitation or insect infestation;
9. Any upgrades, attachments, accessories or peripherals, or any breakdown or damage to these items;
10. Any items that are consumer replaceable and designed to be replaced over time throughout the life of the Covered Device; including, but not limited to batteries;
11. Improper removal or installation of replaceable components, modules, parts or peripherals and/or installation of incorrect parts;
12. Routine, periodic or preventative maintenance;
13. Lack of providing manufacturer’s recommended maintenance or operation/storage of the Covered Device in conditions outside manufacturer specifications, or use of the Covered Device in such a manner as would be voidable coverage under the manufacturer’s warranty, or use of the Device in a manner inconsistent with its design or manufacturer specifications;
14. Adjustment, manipulation, modification, removal or unauthorized repairs of any internal component/part of a Covered Device performed by anyone other than a service centre/technician authorized by the Claims Administrator or the manufacturer;
15. Any kind of manufacturer recall or rework order on the Covered Device, of which the manufacturer is responsible for providing, regardless of the manufacturer’s ability to pay for such repairs; or
16. Any Claim related to cosmetic damage (meaning damages or changes to the physical appearance of the Covered Device that does not impede or hinder the normal operational function; such as scratches, abrasions, or changes in colour, texture, or finish) or structural imperfections (when such do not impair the overall functionality of the Covered Device);
17. Service or replacement outside of the United States of America, its territories, or Canada.

IMPORTANT: RESTORATION OR TRANSFER OF SOFTWARE AND/OR DATA, AND DATA RECOVERY SERVICES ARE EXPRESSLY EXCLUDED UNDER THIS CONTRACT. WHEN AT ALL POSSIBLE, WE STRONGLY ENCOURAGE YOU TO BACK UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND ESPECIALLY PRIOR TO SUBMITTING YOUR COVERED DEVICE FOR SERVICING PURSUANT TO THE TERMS AND CONDITIONS OF THIS CONTRACT.

PRODUCT PROTECTION: If protective items such as covers, carrying cases or pouches were provided or made available for use with Your Device, You should make every effort to utilize these product accessories for protection against damage to Your Device. If You suspect damage or breakdown of Your Device, You should promptly take reasonable precautions in order to protect against further damage. ANY CLAIM DETERMINED TO BE AS A RESULT OF NEGLECT, NEGLIGENCE, MISUSE OR ABUSE (AS DEFINED) OF OR TO THE COVERED DEVICE WILL NOT BE COVERED UNDER THIS CONTRACT.

MAINTENANCE AND INSPECTIONS: If specified in the Device manufacturer’s warranty and/or owner’s manual, You must perform all of the care, maintenance and inspections for the Device as indicated. You may be required to provide proof of fulfilment of such maintenance, care and/or inspection services at time of claim. ANY CLAIM RESULTING FROM THE LACK OF COMPLIANCE WITH THE PRODUCT MANUFACTURER’S WARRANTY AND/OR OWNER’S MANUAL WILL NOT BE COVERED UNDER THIS CONTRACT.

To the maximum extent permitted by applicable law, We and Our employees and agents, including Administrator and its employees and agents, will under no circumstances be liable to You or any subsequent owner of the Covered Device for any indirect or consequential damages, including but not limited to the costs of recovering, reprogramming, or reproducing any program or data or the failure to maintain the confidentiality of data, any loss of business, profits, revenue or anticipated savings, resulting from Our or Administrator’s obligations under this Contract. To the maximum extent permitted by applicable law, the limit of Our and Administrator’s liability to You and any subsequent owner arising under the Contract shall not exceed the original price paid for the Covered Device. We and Administrator specifically do not warrant (i) the ability to repair or replace the Covered Device without risk to or loss of programs or data, (ii) the maintanence of the confidentiality of data, or (iii) that the operation of the Device will be uninterrupted or error-free.

The benefits conferred by this Contract are in addition to any rights and remedies provided under consumer laws and regulations. To the extent that liability under such laws and regulations may be limited, Our and Administrator’s liability is limited, at the sole option, to replacement or repair of the covered device or supply of the service. Some provinces and territories do not allow the exclusion or limitation of incidental or consequential damages, so some or all of the above limitations may not apply to You.

You may cancel Your Contract at any time for any reason, including if the Device covered under this Contract is returned, sold, lost, stolen or destroyed. If You decide to cancel this Contract, You may do so within OnePlus Care App, or by contacting the Administrator. The Cancellation provisions apply to the original purchaser of this Contract only.

1. If You cancel this Contract:

    

   1. Within thirty (30) days of Your purchase or receipt of this Contract, whichever occurs later, You will receive a one-hundred percent (100%) refund of the full premium paid by You.
   2. After thirty (30) days from Your purchase or receipt of this Contract, whichever occurs later, You will receive a pro-rata refund of the original purchase price of this Contract. The pro-rata refund is based on the percentage of unexpired Contract Term from the date of purchase of this Contract, less a cancellation fee of twenty-five $25.00 and the cost of any service provided during the Contract Term prior to the cancellation of this Contract.
2. We may only cancel this Contract for:

    

   1. non-payment of the Contract premium by You;
   2. material misrepresentation by You; or
   3. substantial breach of duties under this Contract by You in relation to the Covered Device or its use.

   If We cancel this Contract, We will provide written notice to You at least fifteen (15) days prior to the effective date of cancellation. Such notice will be sent to Your current address in Our file (email or physical address as applicable), with the reason for and effective date of such cancellation. If We cancel this Contract, You will receive a pro-rata refund based upon the same criteria as outlined above.

If You wish to transfer coverage under this Contract to a different owner, You may initiate a one-time transfer of ownership by contacting the Administrator at 1-833-313-3331. You will be required to provide Your unique Contract number located on Your Contract Registration Page and a copy of Your Device Purchase Receipt (if provided separately). The CANCELLATION provisions apply to the original purchaser of this Contract only.

If You wish to renew coverage under this Contract, please contact the Administrator at 1-833-313-3331 prior to the expiration of Your current Contract Term to initiate Our renewal process. Renewability is determined at Our sole discretion and may not be available.

Administrator and We recognize and respect Your right to privacy and are committed to safeguarding Your personal information relating to this Plan.  Administrator and We will use, maintain, and where necessary, share Your information with third party service providers and/or insurer backing this program, including outside of Canada, for the following purposes:

1. Communication with You
2. Your enrollment for coverage under this Contract
3. The evaluation of Your Claim
4. The detection of prevention of fraud or crime
5. The analysis of business results
6. Processing Your payment
7. Other purposes that are required or authorized by law

The personal information We may require include Your name, mailing or street address, e-mail address, contact number, as well as certain identifying information about Your Covered Device.  To obtain written information about Our policies and practices, including in respect of service providers located outside Canada, or to request access to or correction of Your personal information, please contact Our Privacy Officer at data.protect@servify.tech. The full privacy policy can be accessed at https://ca.servify.tech/privacy/.

1. Administrator may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to You in doing so.
2. Administrator and We are not responsible for any failures or delays in performing under the Contract that are due to events outside Our reasonable control.
3. This Contract is valid and eligible for purchase in all Canadian provinces and Territories
4. In carrying out its obligations, Administrator and We may, solely for the purposes of monitoring the quality of Our response, record part or all of the calls between and among You, Us and Administrator.
5. You agree that Administrator and We may collect and process data on Your behalf when providing service. This may include transferring Your data to affiliated companies or service providers in accordance with the provisions of the Privacy Policy section.
6. This Contract; including the terms, conditions, limitations, exceptions and exclusions, and Your Contract Registration Page constitute the entire agreement between Us and You and no representation, promise or condition not contained herein shall modify these items, except as required by law.
7. There is no informal dispute settlement process available under this Contract.
8. You have specifically requested the English version of these Terms and Conditions. A French version is available upon request. Vous avez spécifiquement demandé la version anglaise de ces termes et conditions. La version française est disponible sur demande.

In British Columbia, the following provisions apply:

The Financial Institutions Act prohibit Us, the Administrator, or a sales associate from requiring You to transact additional or other business with Us or any other person or corporation as a condition of this transaction.

For the purposes of the Insurance Companies Act (Canada), this document was issued in the course of Technology Insurance Company Inc., insurance business in Canada. The business insured/reinsured herein meets the necessary conditions to qualify as, and is being transacted as, “insuring in Canada a risk” in accordance with Part XIII of the Insurance Companies Act (Canada).