Terms and Services

1. General Information

These are the Terms and conditions of your Mobile Phone, Laptop or other gadget Protection Plan available to you as a Qualifying Account holder. These terms and your certificate should be read as one document.
orapolicy.com which is website owned and run by GADGET Policy (we/us/our) provide the services, under this agreement, and have arranged the Protection Plan cover with the Plan Holder, ORA Policy.
Terms and Conditions of Gadget Policy will be biding upon you.
By buying protection plan through Online or offline, you acknowledge that you have read all terms and conditions of ORA Policy as applicable for Mobile Phone Protection Plan scheme and you admit and accept binding force of the said terms and conditions of ORA Policy.
Therefore, we are imposing additional terms and conditions in the process of getting Protection Plan cover.You hereby acknowledge the fact that all of Protection Plan claims will be settled and paid by ORA Policy.And we are acting only a mediator between you and the ORA Policy. Therefore, we will not be responsible for any claim or loss, if, ORA Policy Rejects your claim.
All brands, trademarks which are provided with leaflet and also with the product are not party to the present Protection Plan Policy, therefore, they cannot be hold responsible for any claim. The Policy will be applicable only on purchase of new mobile-laptop-iPad-Tablet etc device/ used device on Invoice.
:This policy is governed by these terms and conditions, which the Plan Holder may change in certain circumstances, by giving 30 days’ notice in writing to you at your last known address. Acceptance of cover is at our discretion.
Your policy is based on the information you gave to us verbally or otherwise about you and your personal details when you registered for the plan.

COVERAGE

Subject to all of the terms and conditions of the issued certificate, we agree to become service facilitator for the Protection Plans stated in the issued Certificate on a Year to Year basis, provided that any covered damage or theft to the Covered Property occurs while your coverage is in effect.
INFORMATION ABOUT YOUR COVERAGE The information pertaining to your communication equipment coverage included in your receipt, invoice, or other documentation, activation email from your plan Provider is incorporated by reference in the issued certificate and specifically includes the name and registry. email of the Subscriber and information to determine the effective date of coverage.

INFORMATION ABOUT YOUR COVERAGE

The information pertaining to your communication equipment coverage included in your receipt, invoice, or other documentation, activation email from your plan Provider is incorporated by reference in the issued certificate and specifically includes the name and registry. email of the Subscriber and information to determine the effective date of coverage.

A.   WHAT WE COVER

We Protect your Covered Property for direct physical Damage/theft that results from a covered cause of damage to Covered Property so long as you remain eligible for coverage. In the event of a covered Damage, our obligation under the issued certificate is to repair/replacement, at our sole option, of the Covered Property.

B.   COVERED PROPERTY

We cover the Covered Property (as defined in Section IX. DEFINITIONS) of Subscribers enrolled for coverage and on file with us or our authorized representative for direct physical damage from a covered cause of Loss. Coverage is subject to the terms, conditions, Exclusions, and Limits of Protection Plan contained in the issued certificate.

C.   PROPERTY NOT COVERED

The following is not covered:
Policy Programme does not provide coverage for:-
(a) Costs implicitly or explicitly covered by any manufacturers, suppliers or repairs guarantee or warranty/extended warranty.
(b) Non-operating and cosmetic damage to the Product, such as damage to paintwork, Product finish, dents or scratches and to the plastic, back cover, chrome and rubber parts.
(c) Accessories used in or with the Product.
(d) Replacement of consumable item or accessory like, plugs, batteries, light bulbs, light covers, ribbons, software and add-on options incorporated in a Product for which the Service Contract was purchased.
(e) Normal wear and tear of items not integral to the functioning of the Product.
(f) Routine maintenance and cleaning. Negligence of any manner e.g. slipping from pocket, purse or hand etc.
(g) Damage caused by unauthorized repair, battery leakage, animal or insect infestation or intrusion.
(h) Damage resulting from power outage, power surges or dips, fluctuating voltage, inadequate or improper voltage or current. Water damage due to Rain, dropping in Swimming pool, river, sea, sink, left in washing machine or carrying in bathroom, Plumbing, water lines connected to the appliance but not internal to it. (i) Cost of removal or re-installation of the Product.
(j) Reception or transmission problems resulting from external causes.
(k) Problems or defects otherwise covered under the original
1. Any property or equipment that is not Covered Property.
2. Contraband or property in the course of illegal transportation or trade.
3. Any antenna or wiring attached to, protruding from, or any kind of accessories(battery ,charger, cable, cover, Scroungier or earphone/ earpads).
4. Property in transit to you from a manufacturer or seller that is not the Authorized Service Facility.
5. Personalized data such as contact lists, photos, video, apps and music downloads. Customized software, such as personal information managers (PIM’s) ring tones, games, or screen savers.
6. Accessories will not be covered even they are part of a theft/stolen to Covered Property.
7. Lost/misplaced gadget, unattended or pick-pocketing.
8. Preventive maintenance or preferential adjustments.
9. Labour Charges/VAT/GST/Service Tax, Service Charges or any kind of external charges on Repair and Parts.
10. Sudden/Gradual Malfunctions and breakdown of any gadget other than Accidental in nature.

1.   COVERED CAUSE OF LOSS

cover risk of direct physical Loss to Covered Property regardless of other Protection Plan you may have except that we do not cover those causes of Damages/theft listed in the Exclusions (Section II).

2.   WHEN COVERAGE IS EFFECTIVE

All coverage is effective after 10 Days post-date of Plan Activation.
1. If you submit your request for claim before 10 days of receiving policy document then claims will not be entertained and company will not pay or held liable for any damages or claims raised before the said period.
2. If you submit your request for enrolment for Protection Plan coverage after Initial Activation: Your coverage under the issued certificate requires the successful completion of 10 days to the “Covered Property” prior to becoming effective.
Coverage begins upon our approval. Upon our approval, coverage is retroactive to the date of the actual activation. We or our authorized representative will notify you within 30 days if your request is not approved.
Eligibility for enrolment after Initial Activation may be subject to limitation.

3.   EXCLUSIONS

We will not pay for damages/theft caused directly or indirectly or resulting from events, conditions or cause of Loss identified in this Section II. Such Losses are excluded regardless of any other cause or event that contributes concurrently or in any sequence to the Loss.
a) Indirect Loss, meaning: any delay; loss of market; loss of use or any other consequential loss; interruption of business, or inconvenience; an increase of Loss caused by or repair by strikers, other persons or any other cause of loss.
b) Loss due to the intentional parting of Covered Property by you or anyone entrusted with the property. Loss due to intentional, dishonest, fraudulent or criminal acts by you or your family members; any of your authorized representatives; anyone you entrust with the property; and any of their family members; or anyone else with an interest in the property for any purpose, acting alone or in collusion with others.
c) Loss/Damage caused from other person(s)other than policy holder, here other person include (blood relationship or extended family member(s), friends, relatives, acquaintances and strangers).
d) Loss caused by or resulting from change or enhancement in colour, texture, or finish. Loss caused by or resulting from expansion, contraction, or any cosmetic damage of Covered Property, however caused. Such excluded causes of Loss include, but are not limited to, scratches, marring, and cracked displays that occur to Covered Property that do not affect the mechanical or electrical function of the Covered Property.
e) Loss caused by or resulting from faulty repair, adjusting, installation, servicing or maintenance, unless fire or explosion ensues and then only for Loss by ensuing fire or explosion. Loss caused by or resulting from unauthorized repair or replacement.
f) Loss caused by or resulting from the discharge, dispersal, seepage, migration, release or escape of Pollutants.
g) Loss caused by or resulting from use of the Covered Property in a manner for which it was not designed or intended by the manufacturer. Loss caused by or resulting from failure to follow the manufacturer’s installation, operation or maintenance instructions.
h) Loss caused by or resulting from error or omission in design, programming, system configuration, faulty construction, or any original defect in any Covered Property, or manufacturer’s recall. Loss due to Mechanical and/or Electrical Failure occurring during the term of the manufacturer’s warranty.
I) Loss or damage to or of batteries (unless otherwise covered as a Covered Accessory when part of a Loss to other Covered Property) is not covered. Loss or damage to or of personalized data, such as contact lists, photos, video, and music downloads is not covered. Loss or damage to or of customized software, such as personal information managers (PIM’s), ring tones, games, or screen savers is not covered. Loss or damage to or of antennas, external housings, or casings that does not affect the mechanical or electrical function of the Covered Property is not covered.
j) Loss caused by or resulting from normal wear and tear, gradual deterioration, inherent vice or latent defect.
k) Any Loss or theft out of India or damage caused by or through or in consequence, directly or indirectly, of Computer Virus, whether intentional or unintentional, and whether such loss be direct or indirect, proximate or remote or be in whole or in part caused by, contributed to or aggravated by the covered causes of Loss against under the issued certificate.
l) Any Loss or damage caused by or through or in consequence, directly or indirectly, of Nuclear Hazard, meaning any weapon employing atomic fission or fusion; or nuclear reaction or radiation or radioactive contamination from any other cause; but we will pay for direct physical Loss caused by resulting fire, if the fire would be covered under the issued certificate.
Loss caused by or resulting from war, including undeclared or civil war; warlike action by a military force, including action hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or insurrection, rebellions, revolution, usurped power of action taken by government authority in hindering or defending against any of these. Loss caused by or resulting from Governmental Action, meaning seizure or destruction of property by order of governmental authority including economic and trade sanction as provided under applicable law and Government Department guidelines.

III.    LIMITS OF LIABILITY.

A maximum of three (3) repairs of Covered Property will be allowed per Subscriber in any one twelve (12) month period with 90%, 50% and 25% of the claim amount excluding taxes, depreciation, service & handling charges. Consequent claims will be entertained in 4 months gap period of getting the repair bills or replacement document.

1.    IN THE EVENT OF DAMAGE

Subject to the terms and conditions set forth in the issued certificate, the ORA Policy will make good any Loss covered under the issued certificate.
A. In the event of a covered Loss, we will arrange for the pickup, or at our sole option, the repair, of the Covered Property through the Authorized Service Facility.
B. An Subscriber will not be entitled to receive cash in lieu of actual repair of the Covered Property.
C. Equipment failure evaluation performed by the Service Provider and/or our authorized representative and/or the manufacturer may be required prior to approval of your request for repair of the Covered Property.

2.   DUTIES IN THE EVENT OF A THEFT

A. In the event that your Covered Device is robbed or stolen, you must notify your Service Provider as soon as possible to suspend service. Your Service Provider must restrict use of your covered property by use of technology. You must file a Police Complaint (F.I.R) in an appropriate Jurisdiction within 48 hours from the time of incident. All documents showing compliance shall be submitted along with claims.
a)FIR (Within 48 hours from date & time of incident)
b)Non tracible report(at least 90 days of tracing)
c) Closure report from relevant court( with seal and sing. of competitive magistrate)
ORA Policymay ask any other document(s), if necessary.
If a claim involves a violation of law or any loss of possession, you agree to promptly notify the law enforcement agency with jurisdiction and obtain confirmation of this notification.
must report the damage or Theft/Robbery promptly to us not later than 48 hours from the time of incident.
If you do not report the damage or Theft/Robbery within prescribed time, we will forfeit your claim. You must submit all claims through email with the time prescribed. Any claims that are not submitted through email or to our authorized representative for our approval will not be honoured and fulfilled.
D. You will do what is reasonably necessary to contact nearest police station after the theft/robbery.
Device kept unattended for whatsoever reason will not be eligible for claim.
F. In the event of a covered theft/robbery, you may be required to provide a copy of the original bill of purchase. You may also be required to present, or provide a photocopy of, a government issued photo I.D.

2.   ELIGIBILITY

be and remain eligible for coverage:

1. You must have activated communications service directly with your Service Provider and be a valid, active and current subscriber of your Service Provider to be covered under the Policy. Covered Property must be actively registered on the Service Provider’s network on the date of loss and have logged airtime prior to the date of loss.
2. The Covered Property must be designated by us and eligible for coverage under the issued certificate. Eligibility may be limited to new equipment that has not been previously activated for service.
3. You must not have engaged in fraud or abuse with respect to this or a similar communications equipment Protection Plan program.
4. You must not have exhausted the benefits available under a CNA coverage certificate issued through your Service Provider by exceeding the aggregate limit. (See Section III.B.)
5. You must not be in breach of any material term of the issued certificate, including, but not limited to: Failure to return damaged Covered Property when requested in conjunction with a covered Loss; or, failure to satisfy the required deductible on a covered Loss.
6. You are responsible for the payment of all premiums, per the terms of the issued certificate, as listed on your account from your Service Provider.
7. The Protection Plan provided under the issued certificate is provided on a month to month term basis unless: you cease to be a valid, active and current subscriber of your Service Provider; or you or your Covered Property cease to be eligible for coverage.

3.   VII. ADDITIONAL CONDITIONS.

1. All claims for covered Loss under the issued certificate will be made good within thirty (30) days after presentation and acceptance of satisfactory proof of interest and Loss to our authorized representative and satisfaction by you of your Duties in the Event of a Loss. We will ship approved repaired equipment directly to you within the Republic of India; however, we may require you to pick up your repaired equipment at an Authorized Service Facility.
2. If we and you disagree on the value of the Covered Property or the amount or satisfaction of Loss, either may elect arbitration pursuant to Section mentioned below.
3. Any recovery or salvage on a Loss will accrue entirely to our benefit until the expense incurred by us has been made up. Upon our request, you will return to us any damaged equipment. All Covered Property which we replace is the property of CNA and may be disabled, destroyed or reused. We will not provide repair of an equipment if you are in breach of the terms of the issued certificate due to: failure to return damaged Covered Property when requested in conjunction with a prior covered Loss; or, due to your failure to satisfy the non-returned equipment charge or deductible on a covered Loss.
4. No person or organization, other than you, having custody of Covered Property, will benefit from this plan.
5. If any Subscriber to or for whom we honour a claim under the issued certificate has rights to recover damages from another, those rights are transferred to us. That Subscriber must do everything necessary to secure our rights and must do nothing after a Loss to impair them; but you may waive your rights against another party in writing.
6. During Physical inspection pertaining to claims, Our team may visit the premises related to claim event(s) and also may ask for the device (mobile/laptop/camera) for inspection which was used for taking pictures or video(s)of the device. So it is strongly advisable to keep the pictures or videos in the storage of the device used for that purpose.
7. In case of Device Claim is Suspicious or device is older than 10 days at the time of buying plan, ORA Policy may ask to submit your device to office of ORA Policy via shipment for verification/investigation. If approved company will repair the device from its service centre and then return the device to the customer. Depreciation is chargeable in case of device older then 30 days.
8. A Video verification is must and mandatory requirement in case of iPhone (Purchase date older then 10 days) Smartphone(Purchase date older then 5 Days) laptop(Purchase date older then 25 days). Company shall not be liable for any claim if video is not sent or got approved even after activation of the policy. It is the duty and responsibility of the customer to send the video before or after activation of the protection plan.
9. Once customer repair or replace your device, customer need to update the replaced or repaired device to the company by sending the bill/invoice and new image of the device within 15 days. Failure of updating will result in the cancellation of the existing policy or protection plan.
10. Prior to a covered Loss.
11. After a covered Loss, only if, at time of Loss, that party is one of the following: a. someone covered under the issued certificate; b. a business firm; c. Owned or controlled by the Subscriber; or ii. that owns or controls the Subscriber; or iii. the Subscriber’s tenant. This will not restrict the Subscriber’s coverage.
12. Concealment, Misrepresentation or Fraud: This coverage is void in any case of fraud, intentional concealment or misrepresentation of a material fact, at any time, concerning: 1. This coverage; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under the issued certificate. G. Cover will not be provided for: Theft of the phone and accessories from an unattended motor vehicle, unless stored in the glove box or locked boot. The vehicle must be locked and all security devices activated. Damage must be caused by the thief and evidence provided with your claim. Cover will not be provided if the vehicle cannot be secured against unauthorised entry.
13. Theft of the phone and accessories where they have been left in an unattended building or premises, unless evidenced damage was caused in gaining entry to, or exit from, the premises.
14. Theft or loss of the phone and accessories where they have been left negligently or deliberately in a public place or a place to which other people have access. J. Theft, loss or damage , of the phone and laptop directly by other, other than policy holder of the phone or laptop.
15. The cost of unauthorised calls whilst the phone was not in your custody, if the theft or loss of the phone has not been reported to the airtime-provider and the Police within 24 hours, and to us within 48 hours, of you discovering the incident.
16. The cost of unauthorised calls if the phone and SIM card have not been lost or stolen at the same time, and if an incident reference number has not been obtained from the Police.
17. Arbitration:

The coverage provided to you by the issued certificate is in connection with and related to services provided to you by your Services Provider. In order to facilitate prompt resolution of any disputes which may arise, any and all claims, disputes or controversies of any nature whatsoever, regardless of when the circumstances surrounding the dispute or controversy occurred, and regardless of whether in contract, tort, or otherwise (including statutory, common law, fraud, fraudulent inducement, other intentional tort, property and equitable claims) arising out of, relating to, or in connection or conjunction with: (1) the Certificate, or the policy under which it is issued; (2) any activities, transactions, services or interactions of any kind involving you and us, or between you and any of our employees, agents, representatives or associated businesses in any way involving any activities, transactions, services or interactions involving or related in any way to the Certificate; or (3) the validity, scope or enforceability of this arbitration provision or the Certificate (the “Claim”) shall be resolved, on an individual basis, by final and binding arbitration. All arbitration shall be administered by the Competent Arbitration Association (the “CAA”) in accordance with its Wireless Industry Rules and Procedures (the “Arbitration Rules”) in effect at the time the Claim is filed. The Arbitration Rules, as well as forms and information on arbitration in general may be obtained by calling our authorized representative. Any arbitration which you attend will take place at a location within the federal judicial district that includes your billing address at the time the Claim is filed. The arbitrator shall apply relevant, substantive law and applicable statutes of limitation and shall provide written reasoned findings of fact and conclusions of law. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Arbitration Act. If any portion of this arbitration provision is deemed invalid or enforceable, it shall not invalidate the remaining portions of the arbitration provision. The arbitrator’s decision and award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction over this matter. YOU AND WE UNDERSTAND AND AGREE THAT BECAUSE OF THIS ARBITRATION CLAUSE NEITHER YOU NOR WE WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED BELOW OR TO HAVE A JURY TRIAL. IN ACCORDANCE WITH THE ARBITRATION RULES, HOWEVER, YOU MAY, AT YOUR ELECTION, PURSUE AN ACTION AVAILABLE IN SMALL CLAIMS COURT IN LIEU OF ARBITRATING THE DISPUTE. Arbitration provisions herein shall constitute a nonbinding award on you, provided that within forty-five (45) days of the arbitrator’s award you file a legal proceeding in the appropriate court, based on the same issue and facts as raised by you in the arbitration proceeding. Under no circumstances shall an issue be raised in court until such time as both you and we first address our disagreement in an arbitration proceeding and obtain an arbitration award pursuant to the arbitration provision set forth above. N. No one may bring legal action, including arbitration, against us under the issued certificate unless: 1. there has been full compliance with all terms of this Coverage Certificate; and 2. the action is brought within two (2) years or any longer period as stated in the policy or any endorsement thereto after you first have knowledge of the Loss or other events that are the basis of the action. O. The coverage territory is worldwide but the cost of repair will be valued in Indian currency at the time of repair. P. You may not assign the issued certificate without our written consent. Q. If you have a Loss to Covered Property that is part of a pair or set, we will only cover for a reasonable and fair proportion of the total value of the pair or set. We will not cover based on a Loss to the entire pair or set. R. We may make available to you other limited benefits or services related to your Covered Property where available. These may include: Property location or recovery services; data management or recovery services; equipment service and maintenance; reduced cost upgrade or purchase benefits or other services provided through your Service Provider or other authorized service facilities. S. We agree that any terms of the issued certificate not in conformity with applicable law are conformed to comply with such law. If any portion of the issued certificate is deemed invalid or unenforceable, it shall not invalidate the remaining portion of the issued certificate. T. The issued certificate contains all the agreements between you and us concerning the Protection Plan afforded. The issued certificate’s terms can be amended or waived only by issuance of a new Certificate or endorsement issued by us and made a part of the issued certificate. U. We retain the right to revise the issued certificate at any time and adjust the coverage terms including the premium and the deductible. In the event of any material change in the coverage terms premium or the deductible, you will be provided advance written notice of such changes. You may cancel coverage at any time without penalty, but if you continue to pay premiums after a change in premiums, coverage terms or the deductible, you will be bound by those changes. VIII. DEFINITIONS A. “Authorized Service Facility” means: The location or locations that serve as a repair facility for the program and supply and undertake repairs of Covered Property. Selection of the Authorized Service Facility will be at the sole discretion of us or our authorized representative. B. “Computer Virus” means: Any unauthorized intrusive codes or programming that are entered by any means into covered data processing equipment, media, software, programs, systems or records and interrupt the operations of Covered Property. C. “Coverage Certificate”, “Certificate”, or “Certificates” means: This is a Protection plan Coverage Certificate. D. “Covered Accessories” as used in the issued certificate means: if part of the covered “Loss”; one standard battery, one standard charger, one SIM Card (if applicable) and may include one of the following at your option (if part of the covered loss): one carrying case, one automobile cigarette lighter adapter, or one standard wired earbud (not wireless or other specialty earpieces such as Bluetooth). Covered Accessories do not include memory cards or any other accessories not specifically listed as covered. E. “Covered Property” as used in the issued certificate means: (a) one wireless telephone owned by you and actively registered on the Service Provider’s network and for which airtime has been logged after enrolment. The International Manufacturer’s Equipment Identification (IMEI), Electronic Serial Number (ESN), Unique Device Identifier (Undid) or other unique identification number of the wireless telephone associated with your account in the records of the Service Provider at the time your coverage initially becomes effective and for which air time has been logged indicates the wireless telephone to be considered Covered Property unless you have logged airtime on a different wireless telephone immediately prior to the time of Loss, in which case the Covered Property is the wireless telephone 1) for which airtime usage has been logged by your Service Provider immediately prior to the time of Loss; or 2) for which you have provided a Proof of Purchase and the Service Provider; or (b) one netbook, notebook, laptop or other similar device (“portable electronic device”) purchased from the Service Provider with an active data plan and actively registered on the Service Provider’s network and for which airtime has been logged after enrolment. Covered Property is limited to one portable electronic device and standard charger, if part of the covered Loss. The International Manufacturer’s Equipment Identification (IMEI) or other unique identifier of the portable electronic device associated with your account in the records of the Service Provider at the time your coverage initially becomes effective and for which air time has been logged indicates the portable electronic device to be considered Covered Property unless you have logged airtime on a different portable electronic device, which was purchased from the Service Provider, immediately prior to the time of Loss, in which case the Covered Property is the portable electronic device 1) for which airtime usage has been logged by your Service Provider immediately prior to the time of Loss; or 2) for which you have provided a Proof of Purchase and the Service Provider. F. “Plan Holder” shall mean ORA Policy. G. “Date of Loss” is the date on which a Loss to the Covered Property occurs. H. “Initial Activation” means: the time of initial activation of the Service Provider’s service for the Covered Property. I. “ Subscriber” or “ Subscribers” means: The customers of the Service Provider who have been enrolled and accepted for coverage under the issued certificate; and for whom we or our authorized representative have on file a complete description of the Covered Property; and who have, before the Date of Loss in question, paid all premiums payable with respect to the Covered Property. J. “Loss” and “Losses” means: Accidental loss, theft, or physical damage, including Mechanical or Electrical Failure occurring outside the term of the manufacturer’s warranty. K. “Mechanical or Electrical Failure” means: Failure of “Covered Property” to operate due to a faulty part or workmanship when operated according to the manufacturer’s instructions. L. “Non-Covered Accessories” as used in the issued certificate means: All accessories not included in the definition of Covered Accessories. M. “Pollutants” means: Any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals, artificially produced electric fields, magnetic field, electromagnetic field, sound waves, microwaves, and all artificially produced ionizing or non- ionizing radiation and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

1. If required, Video verification of device can be asked within 10 days from date of activation, failure of which can lead to cancellation the activation of policy and premium refund.
2. Cancellation Policy::: Cancellation is not allowed once policy is bought online or through retailer.
3. Policy::: Refund is not allowed once policy is bought online or through retailer.