Gadget Protect Terms and Conditions
By: Mayee Gonzales
Published on: January 12, 2020 . Last updated: March 4, 2020 Category:
Gadget Protect Terms and Conditions
Purchasers of new Mobile Device who are Philippine citizens at least Eighteen (18) years of age and not among those prohibited by law to enter into contractual relationship.
Accidental Damage (including Liquid Damage)
To indemnify the Subscriber against Accidental Damage (including Liquid Damage) to the Mobile Device due to external causes as defined except where specifically excluded by the Protection.
AMS’s liability under this Protection in respect of any one claim and in the aggregate for the period of protection shall not exceed the total Replacement Price of the Mobile Device.
Provided always that AMS shall not be liable in respect of:
1. Mobile Device that are still covered by Manufacturer’s Warranty or any other warranty in effect in respect of Accidental Damage and Liquid Damage.
2. Any defects inherent to Manufacturer’s recall
3. Product with removed or altered Serial Numbers
4. Loss or damage arising from atmospheric conditions, wear and tear, gradual deterioration, depreciation, corrosion, discoloration, rust, vermin, insects, any process of cleaning or restoring or from adjustment, repair or dismantling of any part whilst removed from its normal working
5. An act of terrorism. For this purpose, an act of terrorism means an act including, but not limited to the use of force or violence and/or the threat thereof, of any person(s) or group(s) of persons whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed by political, religious, ethnic, ideological or similar purposes including the intention to influence any government(s) and/or to put the public or any section of the public in fear;
6. Loss, damage or destruction caused by or contributed to by or arising from war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion, military or usurped power or loss or pillage in connection
7. Flood, earthquake and any other convulsions of nature.
8. Ionizing, radiation or contamination by radio activity from any nuclear fuel from any nuclear waste from combustion of nuclear fuel or nuclear weapon material;
9. Any claim where we discover deception, fraud and illegal use of the mobile device
10. Criminal Breach of Trust and/or Theft by Deception
11. An act in contravention of a government prohibition or law;
12. Delay, confiscation, detention, destruction or requisition by Customs or Police or by the order of any Government or Public Body or Authority, whether as contraband, stolen goods or otherwise, or in consequence of illegal act or activity or otherwise;
13. Diagnosis where no defect has been found or noted:
14. Defects and on-site service charges, express service charges, transportation damage, removal or reinstallations of the product, products on loan during repair process:
15. Repairs where prior authorization has not been obtained:
16. The unforeseen loss of the Mobile Device during the Period of Cover caused by the Subscriber or any person authorized by the Subscriber to use their Mobile Device(s).
17. Pick Pocketing
18. Any deliberate act or negligence by the Subscriber, or any person using the Mobile Device with their permission; including allowing children below 5 years old to use the device.
19. In respect of Accidental Damage or Robbery & Snatch Theft claims that takes place on any type of craft less than 3 meters long.
20. Internal leakage of battery unless due to accident
21. Electronic Derangement or malfunction including its own ignition or burnt-out, whether as a result of use, misuse, test or repair.
22. Any process of routine cleaning, restoring, adjustment, repair or dismantling of device.
23. Mysterious disappearance, unexplainable and/or improvable event
24. Product defects whether latent or inherent
25. Commercial use, rental, use for profits or products transferred to retail outlets
26. Any additional cost incurred in respect of:
- loss of value, loss of use, loss of information stored in memories, or any consequential loss (including but not limited to any economic loss or other loss of turnover, profits, business, goodwill or expected savings), except as set out elsewhere in this Protection;
- when repairing or replacing aerials, battery chargers or batteries where these items are the only part of the Mobile Device that have been Damaged or stolen;
- when replacing car kits or car phones and other accessories which can no longer be used with the Mobile Device;
- in returning the Mobile Device for repair or collecting the Mobile Device once it has been repaired;
- replacement of any accessories associated with the Subscriber’ Mobile Device;
Each of the conditions herein will be viewed separately and independently from the others. The invalidity of any part of a condition will not affect the validity of any other part.
1. Entire Contract-Changes In Protection
No statement made by the applicant for Protection not included herein shall avoid the Protection or be used in any legal proceedings hereunder. No party shall have the authority to change this Protection or to waive any of its provisions save and except for an officer clothed with expressed authority by AMS to do so and such approval be endorsed hereon.
2. Alterations To Protection Terms And Conditions
AMS may reduce Limit or modify coverage or decline renewal (where and when applicable) by giving seven (7) days prior written notice to the Subscriber.
3. Effective Date
The effective date of this Protection is as stated on the certificate.
4. Currency of Payment
All amounts payable either to or by AMS shall be payable in Philippines Pesos.
5. Notice Of Claim
Subscriber must immediately notify to AMS of any damage due to Accidental Damage and to register a Claim by notifying the AMS at http://cl.amsa.asia within twenty four (24) hours
The Subscriber shall provide all necessary information and assistance to enable AMS to settle any of the Claims. Failure to comply with this condition may prejudice the Claims. Filing a false or fraudulent Claim will invalidate the Claim and result in AMS rejecting the Claim.
6. Limitation Of Claims
No benefit shall be payable for any claim filed to AMS beyond a period of thirty (30) days from the Date of Incident.
7. Proof Of Claim
The Subscriber shall forward the police reports and such other proof whether written or otherwise required to support the nature of Claim within thirty (30) days from the date of notification to AMS.
In the case of a Damaged Mobile Device, the Subscriber are required to provide the Damaged Mobile Device to the Insured before any replacement can be made. Subscriber are required to provide all documents, affidavit information and evidences in the form and nature. If AMS has not received such proof of loss within thirty (30) days from the date of incident, AMS shall be discharged from all liability hereunder.
AMS shall be entitled:
- on the happening of loss or Damage to the Mobile Device covered, to take and keep possession of the Mobile Device damaged/recovered and to deal with the salvage in a reasonable manner; and
- to undertake in the name and on behalf of the Subscriber the absolute conduct, control and settlement of any proceedings and to take proceedings at its own expense and for its own benefit but in the name of Subscriber to recover compensation or secure indemnity from any third party in respect of anything covered by this Protection. Subscriber is required to provide all necessary information, documents and reasonable assistance to AMS.
AMS shall not be committed by any notice of any trust, charge, lien, assignment or other dealing with the Protection and the receipt of the Subscriber for any compensation payable herein shall in all cases be effectual discharge of liability of AMS.
10. To Whom Indemnities Are Payable
All indemnities under this Protection will be paid to authorized repairers or suppliers of AMS depending on the cover for which reimbursement is being made and will always be subjected to the Limit(s) specified in the Protection.
11. Legal Proceedings
No action at law or in equity shall be brought to recover on this Protection prior to the expiration of sixty (60) days after written proof of loss has been filed in accordance with the requirements of this Protection nor shall such action be brought at all unless brought within sixty (60) days from the expiration of the time within which the written proof of loss is required by the Protection.
12. Mis-Representation In Application
The benefits shall not be payable, and the Protection shall be considered voidable at the option of AMS:
- in the event that there has been a failure to disclose or any misrepresentation of any fact with respect to any Subscriber that is material to the Protection provided hereunder which is required to be furnished as evidence of insurability; and/or
- in all cases of fraud.
13. Termination Of Coverage
This Protection shall terminate automatically at the earliest occurrence of the following events:
- Seven (7) days after the commencement of the Protection Period due to non-payment of
- the Protection is cancelled by AMS in accordance with the provisions, hereunder on the
dates specified therein.
Both the Subscriber and AMS reserve the right to cancel the Protection at any time during its currency by serving to the other seven (7) days’ notice in writing.
All differences as to the amount of any Loss or damage covered by this Protection shall be referred to the decision of an arbitrator, to be appointed by the Parties in difference or, if they cannot agree upon a single arbitrator, to the decision of two arbitrators, one to be appointed in writing by each of the Parties within thirty (30) days after having been required in writing to do so by either of the Parties or, in case of disagreement between the arbitrators, to the decision of an umpire to be appointed in writing by the arbitrators before entering on the reference. An award by the arbitrator or arbitrators or umpire shall be a condition precedent to any right of action against AMS only in cases of differences as to the amount of liability arising out of this Protection.
16. Conformity With Law
Any provision of this Protection which on its Effective Date is in conflict with Philippines laws or issued for delivery is hereby amended to conform to the minimum requirement of such laws.
All notices in writing are required to be given by the Subscribers to AMS addressed to AMS at firstname.lastname@example.org and no alteration in the terms of the Protection nor any endorsement thereon will be held valid unless the same is signed or initialed by an authorized representative of AMS.
18. Duty Of The Subscriber
Subscriber shall take all reasonable precautions for the safety and protection of the covered Mobile Device.
19. Changes And Alterations To The Mobile Device
The Subscriber is required to notify AMS in the event of any Material Changes to the Mobile Device shown on the Protection. The benefits and entitlements under the Protection will end immediately if any of the following conditions apply:-
- The Subscriber sells or transfers the ownership of his/her Mobile Device in any way;
- The Mobile Device is modified or altered in any way or the electronic identity of the Mobile
Phone is altered; or
- The Subscriber changes his/her Mobile Device for any reason other than under a manufacturer’s warranty exchange scheme or a Claim under this Protection, and a retailer or organization other than Participating Telecommunication Outlet supplies the new Mobile
20. Settlement Options
AMS shall be at liberty to elect whether to repair or replace the Mobile Device; Damaged or stolen as the case may be and may join with any other insurer in doing so in cases where the Mobile Device is also covered elsewhere. In cases where AMS repair or replace the Mobile Device, like for like units with new or re-manufactured unit may be used but may:
- be a different model
- be made by a different manufacturer
- not include the identical features and functions as the Damaged or Stolen Mobile Device
- be of like kind and quality
In the event the Mobile Device is replaced, the Protection will cease accordingly.
21. Other Insurance
This Protection does not cover any Accidental Damage covered under a more specific policy subscribed to by the Subscriber.
22. Law and Jurisdiction
In accordance with the Law and Jurisdiction of Philippines.
WORDS THAT HAVE A SPECIAL MEANING
Some of the words in this Protection have special meanings. These words and their meaning are listed below.
An involuntary, external forcible and violent event that gives rise to damage that is unforeseen, fortuitous and not premeditated and occurs independently of all other causes.
The Protection which shows details such as the Subscriber’ name, the make and model of the Mobile Device covered. It forms part of this Protection and Subscriber must read it with the terms and conditions of this Protection
Shall mean a claim for any of the entitlements and benefits under this Protection. AMS will be at liberty to decide whether to settle Claims by paying the retailer or a repair agent supplying Mobile Devices(s) and services to the Subscriber.
Physical breakage, destruction and failure of the Subscriber’ Mobile Device (including, but not limited to, damage caused by liquid) that prevents the Subscriber’ Mobile Device from properly functioning.
Date of Incident
The date when the Accidental Damage (including Liquid Damage) occurs.
Shall mean the amount that Subscriber is required to pay towards the claim as provided in the certificate.
The sum of money that the Subscriber agrees to pay to AMS under this Protection in return for the entitlements and benefits set out in it.
The occurrence of Accidental Damage (including Liquid Damage).
International Mobile Equipment Identity (IMEI)
Is a 15-digit unique code used to identify a Mobile Device to a GSM network.
The individual(s) named on the Certificate and registered for the Protection program.
This Protection shall cover Mobile Device whilst used by the parents, legal spouse and children of the Insured member(s).
The maximum amount payable under this Protection per claim during the Period of Cover. In cases of replacement or repair of the Mobile Device; the Replacement Price or the repair cost.
Any change which affects the functionality of the covered Mobile Device, either enhancing its capabilities or negatively affecting its capabilities from the manufacturer’s specifications.
The Mobile Device described on the Subscriber’ Protection detailing the IMEI number, manufacturer and model details.
Participating Telecommunication Outlet
Telecommunication vendors who participate in this program.
Period of Protection
Any period for which AMS has accepted the Subscriber’s Fee.
Shall mean the benefits and entitlements between the Subscriber and AMS.
The market value of one (1) unit of a Mobile Device of the same make and model as that of the Mobile Device or any other Mobile Device with similar technical and functional capabilities should there be no available stock of the former as at the date of replacement provided that the replaced Mobile Device
will not exceed the value of the original equivalent market value of the Mobile Device.
Within Philippines and extended to Worldwide for travel period not more than sixty (60) days.