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

1. 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.
• Plan Fee: shall mean the fees charged by OneAssist from time to time for the Plan(s) availed 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.
• 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) and obtain a full refund of the Plan Fee.
• Service Partner: means any third-party logistics or repairs service provider affiliated with OneAssist.
• 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.

2. 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.

3. 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 onOneAssist’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 / email communication from OneAssist of information pertaining to its product features / services.

4.TOTAL FEES/CHARGES

• OneAssist 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 authorize OneAssist 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.
• The Plan Fee(s) for the respective Plan(s) shall be as more particularly set out in the Plan Terms.
• Activation of OneAssist Plan(s) is subject to realization/receipt of the Plan Fee by OneAssist.

5. 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.

6. CANCELLATIONS/ RENEWAL/TERMINATION

• OneAssist will cancel the Terms and/or the Plan Terms if OneAssist does not receive the Plan Fee (all inclusive) on the date it is due.
• OneAssist 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 OneAssist; 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 OneAssist including by providing false or inaccurate information; and

Terms & Conditions Service Only Plan GadgetServ | Home Solutions 3 d) Customer fails to return to OneAssist or its authorized Service Partner(s)any goods/devices temporarily lent to him/her or money advanced on an emergency basis to him/her or tickets or hotel bookings made on behalf of the Customer and which are to be returned/reimbursed/paid as per the terms of the Plan to OneAssist or to its authorized Service Partner.

• If notice of termination is provided by the Customer within the Cancellation Period, a full refund is available. However, if the Customer has lodged a service request or availed of any benefit under any of the Plan Terms at any time during the Cancellation Period, no refund will be available. After the expiry of the Cancellation Period, for any cancellation by the Customer, OneAssist will not refund the Plan Fee.

7. 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.

8. 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.

9. 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:

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, 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.

10. 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.

11. 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:

a. any wrongful act or omission of the Customer in relation to the usage of the Plan(s);

b. any wilful 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

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 OneAssist may have, either at law in the Terms and/or the Plan Terms

12. 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

13. 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, natural disaster, fire 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.

14. GENERAL DEFINITIONS

• Product(s) Covered: Includes Panel Televisions (LCD/LED), Room Air Conditioners, Refrigerators, Washing Machines, Microwaves, Electronic Water Purifiers
• The above list is only indicative and will be subject to change without prior notice. Additions to and deletions from the list will be solely at OneAssist’s discretion.
• Official Channel: Manufacturer, Manufacturer Subsidiary company, OneAssist Authorized Retailer/ Dealer/Distributor, Authorized Service Partners, 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.
• Onsite Repairs: The repair technician will visit the premises where the product has been installed to provide the repair 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.

15. QUALIFYING PRODUCTS

• GadgetServ can be bought for the following product(s)/appliance(s) of all brands, subject to the application of the exclusions and special conditions mentioned hereunder:

OneAssist Consumer Solutions Private Limited

1. TELEVISIONS Panel TVs (LCD/LED) are covered, Box TVs are excluded

2. AIR CONDITIONERS Window, Split and Inverter

3. REFRIGERATORS Only Refrigerators meant for domestic use will be covered

4. WASHING MACHINES Maximum capacity of the Washing Machine can be 9.9 kg

5. MICROWAVE Built-in Microwaves are excluded

6. WATER PURIFIER Non-electric water purifiers are excluded

• The above list is subject to change without any prior notice. Additions to and deletions from the list will be solely at our discretion.

16. WHAT WE COVER

• GadgetServ provides services in relation to the labour and commute of the service expert for repairing of appliance(s) against functional breakdowns (electrical & mechanical breakdown) on an onsite service basis. Any costs incurred for replacing the parts/components, or transporting the unit to the service center and back for repairs is not covered in the plan.
• If you have purchased a Plan which comes with a spare voucher of Rs 2,000, then you can use it to avail a one-time discount on any spare repair or replacement procured from us. Let us assume your compressor in AC is required to be replaced which costs 5,500, then you need to only pay 3,500. 2,000 rupees will be waived off. If, however, the spare part cost is less than 2000, you will be able to avail voucher only upto the cost of spare part.
• GadgetServ entitles you for unlimited number of service visits subject to the condition that service requests are raised for purpose of repair of declared appliances. Please note that this is decided by the number of visits configured at the plan level. In certain plans, OneAssist may decide NOT to offer free breakdown service visits, but only PMS visits
• However, if the same problem is reported within 30 days of the repair, it will not be treated as a new repair but a repeat issue. In all such repeat cases, customer will be required to retain the original bill provided for repair/ replacement of spares or consumables to avail services.
• We will provide 30-day service guarantee for any spare parts that have been repaired/ replaced by us.
• Customer has the choice of procuring the spare parts on his own also, but then you will not be eligible for -day Service Guarantee. In such instance, if the part fails due to any reason customer will be responsible for the same and will have to re-pay to buy that part again
• You may be entitled to preventive maintenance visits during the plan period for Air Conditioners. You will need to request for the preventive maintenance visits by calling up our helpline. The process of preventive maintenance involves cleaning the clogged Filters, Coils and Fins of your air conditioner to optimise its Terms & Conditions Service Only Plan GadgetServ | Home Solutions 7 performance. Any leak fix and Gas charging is not covered in the preventive maintenance visits under the Plan. Service Requests for preventive maintenance visits will not come under 6-hour response time promise. Such requests will be closed within 7 days of raising a request. You will need to get all your covered ACs cleaned in a single visit. Please note that the number of PMS visits is configured at the plan level. In certain plans, OneAssist may decide NOT to offer PMS visits, but only breakdown service visits.
• OneAssist through its Service Partner will perform the repair services on a best effort basis, and does not take the responsibility of restoring the defective product to its prior working condition, if the required spare parts / tools / consumables are not available to fulfil the repairs.