InstaProtection Mobile Care Plan for Smartphone (“Plan”)

THIS IS A SERVICE CONTRACT PROVIDING ONE (1) TIME WALK INSCREEN CRACK REPAIR OR REPLACEMENT DUE TO ACCIDENTAL DAMAGE WITHIN MALAYSIA.

1) THE PLAN.

By activating the Plan in accordance with these Terms, you hereby agree to be bound by these Terms. These Terms govern the ONE (01) Time walk in Screen Crack Repair or Replacement Services (“Service”) caused by Accidental Damage within Malaysia provided to you by InstaProtection Sdn Bhd (Company No.: 1293371-V) (“InstaProtection”) under the Plan for Samsung-branded Model, A30 & 50s smartphone contained in its original packaging (“Covered Product”) listed on your proof of coverage document (“E-Certificate”). For the purposes of this Plan, InstaProtection is the purchasing body and has arranged the Plan through an insurance policy issued to InstaProtection by Etiqa General Insurance Berhad. InstaProtection is not the issuer of the Plan and does not guarantee any benefits under the Plan. You, however, are a beneficiary under the Plan. This means that subject to the terms and conditions, the claims relating to the Plan shall be covered and paid by Etiqa General Insurance Berhad.

Accidental Damage means an unforeseen event that causes a damage in particular screen crack, which isnot the result of the deliberate or the negligent act of you. The Plan is not transferable and or refundable in any circumstances. In the event, the Covered Product under the Plan is replaced directly by the original manufacturer due to original manufacturer’s recall, you must submit to InstaProtection the original manufacturer’s delivery receipt and serial number of the new product within seven (7) days of the replacement.

2) WHEN THE PLAN COVERAGE BEGINS AND ENDS.

Coverage for the Plan begins from the date of the shipment and ends on the 15th month from the shipment date of the device; i.e.31st March 2021 (“Coverage Period”). To obtain your E-Certificate, login to web.instaprotection.com/T&Cs These Terms, the original sales receipt for your Plan and the Plan’s E-Certificate are each part of your service contract with InstaProtection. The price of the Plan is contained in the original sales receipt.

3) WHAT IS COVERED?

3.1 ONE (01) Time walk in Screen Crack Repair or Replacement Services If during the Coverage Period, you submit a valid claim by walk in to Samsung Authorised Service Centre with the Mobile Care Plan card and a copy of original sales receipt for the Covered Product, InstaProtection will either

(a) repair the Covered Product’s screen, using new or refurbished parts that are equivalent to new in performance and reliability, or

(b) exchange the Covered Product’s screen with a replacement product that is new or equivalent to new in performance and reliability, and is at least functionally equivalent to the original product. If InstaProtection exchanges the Covered Product, the title to the original product shall be transferred to InstaProtection and the replacement product shall be your property and the coverage of the Plan shall be terminated immediately.

You are required to consult your Covered Product’s original manufacturer for any technical support to determine if the failure to operate is due to circumstances that may be corrected by yourself. If the nature of the defect is not covered by the Plan, you will be charged for the cost of the service repair. A diagnostic service fee of RM50 will be charged if you decide not to proceed with the service repair or when defect is found.

3.2 Covered Product
The Covered Product must be, Samsung-branded, Model A30 or A50s smartphone that is contained in its original packaging. Further, the Plan only covers a Covered Product which:
(1) is purchased from the authorised distributor of the Covered Product and the Plan is hard bundled from Samsung’s Authorised Distributors, Resellers and or Retailers;
(2) must contain the certification mark from the original manufacturer of the Covered product under law and be certified for sale and use in Malaysia by the relevant certification agency as required under law;
(3) has a warranty card that is valid in Malaysia included with the Covered Product at the time of purchase;
(4) is used for domestic and personal use only; and
(5) shall not be used in any commercial, rental or for profit generation purpose within a multiple user organization or for commercial usage in residential areas.

4) WHAT IS NOT COVERED?

4.1 The Plan does not apply to:
(1) mechanical and or electrical breakdown of Covered Product;
(2) a Covered Product that is not declared to InstaProtection.
(3) a Covered Product with the serial number, part number, proof of purchase, warranty certificate and or E-Certificate that has been altered, defaced, destroyed and or duplicated;
(4) a Covered Product with removed and or altered serial numbers, part number and or IMEI;
(5) any damage or loss caused by the alteration, modification, repair and or maintenance of the Covered Product by any party not authorized by original manufacturer and or InstaProtection;
(6) any damage or loss caused by wilfully, recklessly, or intentionally;
(7) any damage or loss caused by negligence or carelessness;
(8) any damage or loss caused by fraud;
(9) any damage or loss caused by sabotage;
(10) any damage or loss caused by wear and tear, degeneration, rust, mold, discoloration or cosmetic defects including defects to paintwork or product finish;
(11) any damage or loss that cannot be proved in accordance with the requirements of the insurer;
(12) any damage or loss caused by including without limitation by earthquake, volcanic eruptions, tsunami;
(13) any damage or loss caused by war, riots or uprising;
(14) any damage or loss caused by the execution of legal rights by national or public bodies or any third party, seizure, requisition, and confiscation;
(15) any damage or loss caused by nuclear fuel substances or radioactivity;
(16) any damage or loss caused by computer viruses or any defect or any error in any software used upon or in association with the Covered Product;
(17) any damage or loss caused by manufacturer’s defects inherent in the Covered Product;
(18) any damage or loss caused by wear and tear to cables, cord assembly, battery packs, display panels, adaptors, covers, buttons, speakers, computer keyboards and mouse;
(19) any damage or loss of Peripheral equipment or components that do not have independent functions. This includes, without limitation, equipment or components worn out through the use of the Covered Product and the accessories bundled or purchased separately with the Product (including Battery/Charger/Earphone);
(20) any damage or loss caused by neglect, misuse, abuse, improper installation, improper usage or wrong electrical supply/voltage or failure to operate the Covered Product in accordance with the instructions provided by the manufacturer of the Covered Product;
(21) any damage or loss caused by voltage converter and or applying incorrect voltage to the Covered Product;
(22) any damage of the Covered Product resulting from over running, excessive pressure, short circuiting, self-heating, arching or leakage of electricity (Electrical Damages);
(23) any damage of the Covered Product resulting from explosion or machinery breakdown;
(24) any damage by fire, theft, burglary, neglect, misuse, or abuse. Acts of god including but not limited to earthquake, storm or tempest (wind), sand, water, flood, rising water, lightning, malicious damage, aircraft, vehicle impact, corrosion, battery leakage, power outages or surges, inadequate or improper voltage, or current, animal or insect infestation;
(25) any damage or loss of the Covered Product function due to manufacturer design flaw and or defect resulting to the original manufacturer’s Covered Product recall;
(26) appearance or structural items, such as housing, case or frame, decorative parts or parts designated to be replaced periodically during life of the Covered Product, add-on items, accessories or attachments, external wiring and cabling, battery chargers, racks, bins, knobs, handles, antennas, remote control; or
(27) any software programs, whether provided with the Covered Product and or installed subsequently. Any technical or other support, such as assistance with “how-to” questions and those regarding product set-up and installation.

5) HOW TO OBTAIN A SERVICE?

You may obtain the Service by walk in to Samsung Authorised Service Centre by providing the InstaProtect Service Plan card and the original sales receipt of your Covered Product.
1. Visit any one of Samsung’s Authorised Service Centre
2. Submit your device purchase invoice and InstaProtect Service Plan Card
3. Share in detail how the incident happen that led to the screen crack. Please do share the Date, Time and Place of the incident.

6) YOUR RESPONSIBILITIES

To receive the Services under the Plan, you agree to comply with the following:
(a) provide all the supporting documents as required under these Terms;
(b) respond to requests for information, including but not limited to the Covered Product serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Covered Product, any error messages displayed, actions taken before the Covered Product experienced the issue and steps taken to resolve the issue;
(c) comply with instructions from InstaProtection, including but not limited to refraining from packing the Covered Product in accordance with shipping instructions;
(d) BACK UP THE SOFTWARE AND DATA RESIDING ON THE COVERED PRODUCT. INSTAPROTECTION, THE AUTHORISED SERVICE PROVIDER AND OR ITS’ APPOINTED SERVICE PROVIDER MAY REINSTALL THE COVERED PRODUCT’S ORIGINAL SOFTWARE CONFIGURATION AND SUBSEQUENT UPDATE RELEASES WHILE PERFORMING SERVICE, WHICH WILL RESULT IN THE DELETION OF ALL SOFTWARE AND DATA THAT RESIDED ON THE COVERED PRODUCT PRIOR TO SERVICE. DURING SERVICE, INSTAPROTECTION, THE AUTHORISED SERVICE PROVIDER AND OR ITS’ APPOINTED SERVICE PROVIDER WILL DELETE THE CONTENTS OF THE COVERED PRODUCT AND REFORMAT THE STORAGE MEDIA.

InstaProtection will return your Covered Product as the Covered Product was originally configured, subject to applicable updates. InstaProtection may install IOS or Android OS updates as part of service. Third party applications installed on the Covered Product may not be compatible or work with the Covered Product as a result of the IOS or Android OS update. You will be responsible for reinstalling all other software programs, data and passwords.
(e) Any additional cost incurred to carry out the complete repair of the covered product that is
not covered under the service contract will be borne by you.

7) LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTAPROTECTION AND ITS EMPLOYEES AND AGENTS AND ITS APPOINTED SERVICE PROVIDERS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS INCURRED DUE TO ANY DELAY IN RENDERING ANY SERVICES RELATED TO THE PLAN AND/OR LOSS OF USE DURING THE PERIOD THAT YOUR COVERED PRODUCT IS UNDERGOING THE SERVICE AT THE AUTHORISED SERVICE PROVIDER AND/OR AWAITING FOR THE REPLACEMENT PARTS FOR THE COVERED PRODUCT, 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 INSTAPROTECTION’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF INSTAPROTECTION AND ITS EMPLOYEES AND AGENT’S LIABILITY TO YOU ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. INSTAPROTECTION SPECIFICALLY DOES NOT WARRANT THAT
(i) IT WILL BE ABLE TO REPAIR OR REPLACE COVERED PRODUCT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA,
(ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR

(iii) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.

INSTAPROTECTION AT ITS SOLE DISCRETION, MAY REPLACE YOUR COVERED PRODUCT WITH ONE OF A LIKE KIND AND QUALITY IF THE COVERED PRODUCT IS NOT REPAIRABLE DUE TO THE PART BECOMING OBSOLETE OR BEYOND ECONOMIC REPAIR. DUE TO TECHNOLOGICAL ADVANCES, THE REPLACEMENT PRODUCT MAY BE OF LOWER RETAIL VALUE THAN THE ORIGINAL COVERED PRODUCT. REPLACEMENT PARTS WILL BE ORIGINAL OR THIRD PARTY ORIGINAL EQUIPMENT MANUFACTURER’S PARTS THAT PERFORM TO FACTORY SPECIFICATIONS OF THE COVERED PRODUCT AND SHALL BE DETERMINED AT INSTAPROTECTION SOLE DISCRETION. FAULTY PARTS AND/OR DEVICES MUST BE RETURNED AND BECOMES THE PROPERTY OF INSTAPROTECTION.

ADDITIONAL TRANSPORT FEES ARISING FROM ANY FAILURE TO PICK-UP OR RETURN THE DEVICE IN ACCORDANCE WITH CLAUSE 6 WILL BE BORNE BY YOU. ANY SUCH REPLACEMENT WILL IMMEDIATELY TERMINATE THE PLAN.

8) DATA STORAGE

If your Covered Product is capable of storing any user data, it is possible that repairing your Covered Product may result in the loss of your data regularly. InstaProtection will not be liable for any loss of data or loss of use during the period that your Covered Product is undergoing the service at InstaProtection and or the authorised service provider.

9) TERMINATION

The Plan shall be terminated immediately without any refund of the price paid for the Plan if any of the following events occur:
(a) expiry of the term of the Plan; or
(b) when the Covered Product has been repaired and or replaced; or
(c) the disposal, subsequent sale, lost or repossession of the Covered Product by you; or
(d) the unauthorised repair or modification of the Covered Product; or
(e) upon discovery of fraud or misrepresentation; or
(f) breach of any of the Terms.

10) PERSONAL DATA PROTECTION

Upon successful activation of your Plan, you agree that any information or data disclosed to InstaProtection under this Plan is not confidential or proprietary to you. Furthermore, you hereby agree and authorise InstaProtection and its authorised third parties such as service providers, contractors, insurers and or agents to collect, use and disclose personal data about you and or about other persons furnished by you, now and in the future, on manual and or computer files for administrative and customer care purposes (together with such other information supplied to or obtained by InstaProtection separately) including:
(i) to allow InstaProtection to investigate, assess and or pay service repair fees under your Plan
(ii) to provide you and or other persons with information on the products and services for marketing purposes;
(iii) for market research and
(iv) tracking of sales data. InstaProtection and or its authorised third parties may contact you and or these persons by post and telephone for these purposes. If there is any personal data relating to other individuals, you must have obtained prior consent from them (or if they are lacking in legal capacity, from their legal representatives, guardians or parents as the case may be) for InstaProtection and its abovementioned authorised third parties to collect, use and disclose their personal data for the above purposes, and as if they were you. All personal data you provide shall be accurate and complete, and you will inform InstaProtection of any changes to the personal data to your knowledge as soon as practicable. If you agree, InstaProtection may also contact you by e-mail, SMS text or fax for these purposes. You may opt out at any time allowing InstaProtection or its authorised agents to process your Information by writing to InstaProtection.

11) GENERAL

(A) InstaProtection may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
(B) InstaProtection is not responsible for any failures or delays in performing under the Plan that are due to events outside of InstaProtection’s reasonable control.
(C) This Plan is offered and valid only if you are a resident of a country in which InstaProtection offers the Plan. This Plan is not offered to persons who have not reached the age of 18. This Plan is not available where prohibited by law.
(D) In carrying out its obligations InstaProtection may, at its discretion and solely for the purposes of monitoring the quality of InstaProtection’s response, record part or all of the communications between you and InstaProtection.
(E) The terms of the Plan, including the original sales receipt of the Plan and the E-Certificate, prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and InstaProtection’s entire understanding with respect to the Plan.
(F) You must purchase and activate the Plan while your Covered Product is within the original manufacturer’s One Year limited warranty. InstaProtection is not obligated to renew this Plan. If InstaProtection does offer a renewal, it will determine the price and terms.
(G) With respect to any suit, action or proceedings relating to any dispute arising out of or in connection with these Terms, each party submits to the exclusive jurisdiction of the courts of Malaysia.
(H) This Plan is offered and valid only in Malaysia. The laws of the Malaysia govern these Terms.