1. Definitions

Unless the context otherwise requires, the following terms shall have the meanings set forth below:

• Accidental Physical Screen Damage: Means unintended and unforeseen physical damage to the Device’s screen (including the display, touch panel, and associated glass components) resulting from an external force, impact, or fall, which impairs the normal functionality of the screen. This specifically excludes cosmetic damage not affecting functionality.
• Accidental Liquid Screen Damage: Means unintended and unforeseen damage to the Device’s screen (including the display, touch panel, and associated components) caused by accidental exposure to liquids, resulting in impairment of the normal functionality of the screen. This coverage is specifically available only under the Plus Plan and Max Plan, as detailed herein.
• Authorized Service Center (ASC): Refers to a service center officially recognized, certified, and authorized by the original manufacturer of the Device to perform repairs and use genuine parts.
• Repair Request: A formal request made by the Customer to Mobicure Solution for repair services under the terms of the purchased Plan, following the occurrence of a covered damage event.
• Repair Request Activation Date: The date on which the Plan becomes eligible for repair requests, which shall be [e.g., seven (7)] calendar days after the successful Plan Activation Date, provided the Device was in perfect working condition during this waiting period.
• Customer/You/Your: The individual who has lawfully purchased and activated the Plan for a specific Device, whose name and details are registered with Mobicure Solution.
• Device: The specific mobile phone, identified by its unique International Mobile Equipment Identity (IMEI) number or Serial Number, that has been successfully registered under a Plan and is eligible for coverage as per these Terms.
• Force Majeure Event: Any event beyond the reasonable control of Mobicure Solution, including but not limited to acts of God, natural disasters (e.g., floods, earthquakes, storms), war, terrorism, civil unrest, riots, strikes, lockouts, governmental actions, epidemics, pandemics, widespread internet or power outages, or any other event that renders performance impossible or impracticable.
• Mobicure Solution/We/Us/Our: Refers to Mobicure Solution, a company duly incorporated under the laws of India, having its registered office at [Your Full Corporate Office Address], and its successors and assigns.
• Partner Store: The authorized retail outlet in Delhi where the Plan was purchased by the Customer, and which serves as a point of contact for in-store support and repair request initiation.
• Plan: The specific Mobicure Solution Screen Protection Plan (Basic, Plus, or Max) purchased by the Customer, as detailed in the Plan Certificate issued by Mobicure Solution.
• Plan Activation Date: The date on which the Plan is successfully registered and activated in Mobicure Solution’s system, as confirmed by a Plan Certificate issued to the Customer.
• Plan Certificate: The document issued by Mobicure Solution to the Customer upon successful purchase and activation of the Plan, containing key details such as the Plan type, Device IMEI/Serial Number, Plan Term, and Plan Activation Date.
• Plan Term: The duration of coverage for the Device under the Plan, which shall be one (1) year commencing from the Plan Activation Date, unless otherwise specified in the Plan Certificate.
• Total Loss: A situation where the cost of repairing the damaged screen, as assessed by an ASC, exceeds the maximum liability limit of the Plan or the depreciated value of the Device’s screen, making repair economically unviable.

2. Acceptance of Terms

2.1. These Terms constitute the entire agreement between the Customer and Mobicure Solution concerning the Plan. By proceeding with the purchase and activation of the Plan, the Customer explicitly confirms their acceptance of these Terms in their entirety. 2.2. These Terms shall supersede any prior discussions, representations, or agreements, whether oral or written, between the Customer and Mobicure Solution or its representatives, including Partner Stores, regarding the Plan.

3. Plan Eligibility and Activation

3.1. Device Eligibility: a. The Plan is applicable only to new mobile phones purchased within [e.g., thirty (30) or sixty (60)] calendar days from their original retail invoice date. b. The Device must be in perfect, fully functional, and undamaged working condition at the time of Plan purchase and activation. Any pre-existing damage, defects, or malfunctions will render the Device ineligible for coverage. c. The Device must have a valid and legible IMEI/Serial Number. Devices with tampered, removed, or unreadable IMEI/Serial Numbers are not eligible. d. The Plan is linked to a single, specific Device identified by its unique IMEI/Serial Number and is non-transferable to any other device. 3.2. Customer Eligibility: a. The Customer must be an individual of at least eighteen (18) years of age and a resident of India. b. The Customer must provide accurate and complete information, including personal details and Device information, during the Plan purchase and registration process. 3.3. Plan Activation: a. The Plan will be activated only upon successful receipt of the full Plan Fee by Mobicure Solution and successful registration of the Device details in Mobicure Solution’s system. b. Upon successful activation, a Plan Certificate will be issued to the Customer, either physically or electronically. The Customer is solely responsible for verifying the accuracy of all details on the Plan Certificate. Any discrepancies must be reported to Mobicure Solution within [e.g., three (3)] calendar days of receipt. c. A waiting period of [e.g., seven (7)] calendar days shall apply from the Plan Activation Date. No repair requests shall be admissible or processed during this waiting period. Any damage occurring or reported within this period shall be deemed a pre-existing condition and excluded from coverage.

4. Plan Coverage (Inclusions)

Subject to the exclusions, limitations, and conditions set forth in these Terms, the Plan provides coverage for the repair or replacement of the Device’s screen as follows: 4.1. Basic Plan: a. Covers Accidental Physical Screen Damage only. b. Limited to one (1) successful Repair Request during the Plan Term. 4.2. Plus Plan: a. Covers Accidental Physical Screen Damage. b. Covers Accidental Liquid Screen Damage. c. Includes priority repair request processing. d. Limited to one (1) successful Repair Request during the Plan Term. 4.3. Max Plan: a. Covers Accidental Physical Screen Damage. b. Covers Accidental Liquid Screen Damage. c. Includes fast-track repair service with a target turnaround time of three (3) to five (5) business days, subject to parts availability and logistics. d. Includes complimentary doorstep pickup and delivery service for repairs within Delhi NCR. e. Allows for two (2) successful Repair Requests during the Plan Term. 4.4. Common Benefits Across All Plans: a. Zero Hidden Fees: Mobicure Solution guarantees that there will be no additional charges, deductibles, or processing fees levied on the Customer for covered repair requests. The Plan Fee paid upfront is the only cost for the coverage. b. Authorized Service Center Repairs: All repairs under the Plan shall be performed exclusively by the Device manufacturer’s ASCs, ensuring the use of genuine parts and the validity of the Device’s original manufacturer’s warranty. c. Face-to-Face Support: Customers can avail direct, in-person support and repair request assistance at the Partner Store where the Plan was purchased.

5. Specific Exclusions from Coverage

The Plan DOES NOT COVER and Mobicure Solution shall not be liable for any loss, damage, or costs arising from or in connection with: 5.1. Pre-existing Damage/Defects: Any damage, defect, or malfunction to the Device or its screen that existed prior to the Plan Activation Date or occurred during the waiting period (as per Clause 3.3.c). 5.2. Non-Screen Damage: Any damage to the Device other than the screen (display, touch panel, and associated glass components), including but not limited to: a. Damage to the back panel, camera, battery, charging port, speakers, buttons, or any internal components not directly related to screen functionality. b. Damage to accessories, peripherals, chargers, cables, headphones, or any complimentary items bundled with the Device. 5.3. Cosmetic Damage: Scratches, dents, discoloration, or other aesthetic impairments that do not affect the normal functionality of the Device’s screen. 5.4. Theft or Loss: Any instance of the Device being stolen, lost, misplaced, or mysteriously disappearing. This Plan is solely for screen protection against accidental damage. 5.5. Intentional Damage or Misuse: Damage caused by: a. Intentional acts, gross negligence, abuse, or willful misconduct by the Customer or any person using the Device with the Customer’s permission. b. Damage resulting from unauthorized repairs, modifications, alterations, or servicing performed by any entity other than an ASC. c. Use of the Device in a manner not consistent with the manufacturer’s instructions or specifications. d. Damage caused by connecting the Device to unapproved or faulty accessories, power sources, or software. 5.6. Software Issues & Data Loss: a. Any software-related issues, viruses, malware, firmware corruption, or operating system malfunctions. b. Loss of data, applications, contacts, photos, videos, or any other digital content stored on the Device. The Customer is solely responsible for backing up their data prior to submitting the Device for repair. 5.7. Manufacturer’s Warranty Covered Issues: Any defect or malfunction that is covered under the Device’s original manufacturer’s warranty at the time of the incident. 5.8. Normal Wear and Tear: Gradual deterioration, corrosion, rust, or normal wear and tear of the Device or its components over time. 5.9. Acts of God/Force Majeure: Damage caused by natural disasters (e.g., earthquakes, floods, lightning), war, terrorism, riots, civil commotion, nuclear risks, or any other Force Majeure Event. 5.10. Unidentifiable Device: Devices where the IMEI/Serial Number is tampered with, removed, illegible, or does not match the registered Device details. 5.11. Beyond Economical Repair (BER) for Entire Device: If the overall damage to the Device (beyond just the screen) is so extensive that the total repair cost for the entire Device, as assessed by an ASC, exceeds the Device’s depreciated value or the maximum liability of the Plan, Mobicure Solution’s liability will be strictly limited to the screen repair cost only, as per the Plan’s terms. 5.12. Consequential Loss: Any indirect, incidental, special, or consequential losses, damages, or expenses arising from the Device’s damage or repair, including but not limited to loss of use, loss of business, loss of profits, or disruption of services. 5.13. Failure to Report: Any damage not reported within the stipulated timeframe as per Clause 6.1. 5.14. Non-Compliance: Any loss or damage arising due to the Customer’s failure to comply with any of these Terms and Conditions. 5.15. Devices Purchased Outside India: The Plan is only valid for Devices originally purchased within India with a valid Indian retail invoice. 5.16. Refurbished/Second-hand Devices: The Plan is not applicable to refurbished, second-hand, or pre-owned devices.

6. Repair Request Procedure

6.1. Intimation of Damage: a. In the event of Accidental Physical Screen Damage or Accidental Liquid Screen Damage (for Plus/Max Plans), the Customer must intimate Mobicure Solution of the damage within forty-eight (48) to seventy-two (72) hours of the incident’s discovery. b. Intimation can be made by visiting the Partner Store where the Plan was purchased, or by contacting Mobicure Solution’s designated helpline/online portal. Failure to report within this timeframe may lead to repair request rejection. 6.2. Required Documentation and Information: a. The Customer must provide the following documents and information to Mobicure Solution or its authorized representatives for repair request processing: i. Original retail purchase invoice of the Device. ii. Original Plan Certificate. iii. A valid government-issued photo identification proof of the Customer (e.g., Aadhaar Card, PAN Card). iv. Duly completed and signed Repair Request Form (provided by Mobicure Solution). v. Clear photographs and/or videos of the damaged Device, explicitly showing the screen damage and the Device’s IMEI/Serial Number (if requested by Mobicure Solution). vi. Any other documents or information as reasonably requested by Mobicure Solution or the ASC for verification and repair request assessment. b. The Customer acknowledges that incomplete or inaccurate documentation may result in delays or rejection of the Repair Request. 6.3. Device Submission: a. The Customer must submit the damaged Device to the Partner Store or arrange for pickup (for Max Plan customers) as per Mobicure Solution’s instructions. b. Prior to submission, the Customer is solely responsible for backing up all data and removing any personal or confidential information from the Device. Mobicure Solution and the ASC shall not be liable for any data loss during the repair process. c. The Customer must remove any SIM cards, memory cards, screen protectors, or external accessories before submitting the Device. Mobicure Solution shall not be responsible for any loss or damage to such items. 6.4. Repair Request Assessment and Approval: a. Upon receipt of the Device and all required documents, Mobicure Solution will facilitate the assessment of the damage by an ASC. b. The ASC’s assessment regarding the nature of the damage, repairability, and estimated cost shall be final and binding. c. Mobicure Solution reserves the right to approve or reject a Repair Request based on the ASC’s assessment and compliance with these Terms.

7. Service Fulfillment and Repair/Replacement

7.1. Repair: a. Upon Repair Request approval, Mobicure Solution will arrange for the repair of the damaged screen through an ASC. b. Repairs will be carried out using genuine parts as supplied by the Device manufacturer. c. Mobicure Solution will endeavor to complete repairs within the stipulated timelines (e.g., 3-5 business days for Max Plan), but these are estimates and not guarantees. Delays may occur due to parts availability, logistics, or unforeseen circumstances. Mobicure Solution shall not be liable for any such delays. 7.2. Replacement (at Mobicure Solution’s Sole Discretion): a. In rare cases, if the ASC determines that the screen is irreparable or the cost of screen repair is deemed uneconomical (Total Loss for screen only), Mobicure Solution, at its sole discretion, may offer a replacement of the damaged screen or a refurbished screen, or a financial settlement equivalent to the repair cost of the screen, subject to the maximum liability of the Plan. b. Any replacement Device or screen provided may be new or refurbished, of similar make and model, and of equivalent functionality and quality. The Customer shall not be entitled to a specific color, model, or feature. 7.3. Return of Device: a. Upon completion of the repair or replacement, the Device will be returned to the Customer at the Partner Store or delivered to the registered address (for Max Plan customers). b. The Customer must inspect the Device immediately upon receipt and report any discrepancies or further damage to Mobicure Solution within twenty-four (24) hours. Failure to do so will deem the Device received in satisfactory condition.

8. Customer Obligations

8.1. The Customer shall ensure that all information provided to Mobicure Solution during Plan purchase, registration, and repair request submission is true, accurate, and complete. 8.2. The Customer shall keep the original Device purchase invoice and Plan Certificate safe and secure throughout the Plan Term. 8.3. The Customer shall take all reasonable precautions to protect the Device from damage, including but not limited to using protective cases and screen protectors. 8.4. The Customer shall comply with all instructions and guidelines provided by Mobicure Solution or the ASC regarding the Device’s use, maintenance, and repair request process. 8.5. The Customer acknowledges that failure to adhere to these obligations may result in the rejection of a Repair Request or termination of the Plan without refund.

9. Limitation of Liability

9.1. Maximum Liability: Notwithstanding anything to the contrary contained herein, the maximum aggregate liability of Mobicure Solution, its affiliates, directors, employees, agents, and Partner Stores, arising out of or in connection with these Terms or the Plan, whether in contract, tort (including negligence), strict liability, or otherwise, shall in no event exceed the actual Plan Fee paid by the Customer for the specific Plan. 9.2. Exclusion of Indirect/Consequential Damages: Mobicure Solution shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of use, business interruption, or reputational harm, arising out of or in connection with these Terms or the Plan, even if Mobicure Solution has been advised of the possibility of such damages. 9.3. No Warranty Beyond Plan: Mobicure Solution provides no warranties, express or implied, beyond those explicitly stated in these Terms. All implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby disRepair Requested to the fullest extent permitted by law. 9.4. Third-Party Actions: Mobicure Solution shall not be liable for any acts, omissions, negligence, or delays by third-party service providers, including but not limited to logistics partners or ASCs, except where such liability is directly attributable to Mobicure Solution’s gross negligence or willful misconduct. 9.5. Customer’s Sole Risk: The Customer acknowledges and agrees that the use of the Plan is at their sole risk, and Mobicure Solution’s responsibility is limited solely to providing the services as explicitly described in these Terms.

10. Indemnification

The Customer agrees to indemnify, defend, and hold harmless Mobicure Solution, its affiliates, directors, employees, agents, and Partner Stores from and against any and all repair requests, liabilities, damages, losses, costs, expenses (including reasonable attorneys’ fees), and demands arising out of or in connection with: a. Any breach of these Terms by the Customer. b. Any misrepresentation or false information provided by the Customer. c. Any act or omission of the Customer that causes damage to Mobicure Solution or any third party. d. Any third-party repair requests arising from the Customer’s use of the Device or the Plan.

11. Cancellation and Refunds

11.1. Customer Cancellation: a. The Customer may cancel the Plan within [e.g., fifteen (15)] calendar days from the Plan Activation Date (“Cooling-Off Period”), provided no Repair Request has been registered or processed during this period. b. If a valid cancellation request is received within the Cooling-Off Period and no Repair Request has been made, Mobicure Solution will process a refund of the Plan Fee, subject to an administrative charge of [e.g., 10% of the Plan Fee or a fixed amount of ₹X]. c. After the Cooling-Off Period, the Plan is non-cancellable and non-refundable under any circumstances, regardless of whether a Repair Request has been made. 11.2. Mobicure Solution’s Right to Terminate: a. Mobicure Solution reserves the right to terminate the Plan immediately, without refund, if: i. The Customer provides false, inaccurate, or misleading information during Plan purchase, registration, or repair request submission. ii. The Customer engages in any fraudulent activity or attempts to make a fraudulent Repair Request. iii. The Customer breaches any material term of these Terms and Conditions. iv. The Device is found to be ineligible as per Clause 3.1 after Plan activation. b. In case of termination by Mobicure Solution, any pending Repair Requests shall be automatically rejected, and Mobicure Solution shall not be liable for any refund or compensation.

12. Force Majeure

Mobicure Solution shall not be liable for any delay or failure in performing its obligations under these Terms if such delay or failure is caused by a Force Majeure Event. In such an event, Mobicure Solution’s obligations shall be suspended for the duration of the Force Majeure Event, and Mobicure Solution shall use reasonable efforts to mitigate the effects of such event.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Subject to Clause 14 (Dispute Resolution), any disputes, repair requests, or controversies arising out of or in connection with these Terms or the Plan shall be subject to the exclusive jurisdiction of the competent courts located in Delhi, India.

14. Dispute Resolution

14.1. Informal Resolution: In the event of any dispute or difference arising between the Customer and Mobicure Solution concerning the Plan or these Terms, both parties shall first attempt to resolve the matter amicably through good faith discussions. The Customer should first raise their grievance through the contact channels provided in Clause 17. 14.2. Arbitration (Optional, but recommended for businesses): a. If the dispute cannot be resolved amicably within [e.g., thirty (30)] days of the initial notification, either party may refer the dispute to binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time). b. The arbitration shall be conducted by a sole arbitrator mutually appointed by both parties. If the parties fail to agree on a sole arbitrator within [e.g., fifteen (15)] days, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. c. The seat and venue of the arbitration shall be Delhi, India. d. The language of the arbitration proceedings shall be English. e. The arbitral award shall be final and binding on both parties. 14.3. Consumer Forums: Notwithstanding the above, the Customer retains the right to approach appropriate consumer forums or tribunals in accordance with the Consumer Protection Act, 2019 (as amended from time to time), for resolution of disputes.

15. Intellectual Property

All intellectual property rights, including trademarks, logos, copyrights, and website content related to Mobicure Solution and its Plans, are owned by or licensed to Mobicure Solution. The Customer is granted no right or license to use any such intellectual property without the express written consent of Mobicure Solution.

16. Data Privacy

Mobicure Solution collects, uses, and processes personal information in accordance with its Privacy Policy. By agreeing to these Terms, you also acknowledge and agree to the terms of the Mobicure Solution Privacy Policy (insert actual link to your privacy policy here), which is incorporated herein by reference.

17. Amendments to Terms

Mobicure Solution reserves the right to modify, amend, or update these Terms at any time, at its sole discretion. Any such changes will be effective immediately upon posting the revised Terms on the Mobicure Solution website. It is the Customer’s responsibility to review these Terms periodically for any updates. Continued use of the Plan or services after any modifications constitutes acceptance of the revised Terms.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.

19. Entire Agreement

These Terms, together with the Plan Certificate and the Privacy Policy, constitute the entire agreement between the Customer and Mobicure Solution regarding the Plan and supersede all prior or contemporaneous communications, understandings, and agreements, whether oral or written.

20. Contact Information

For any questions, concerns, or grievances regarding these Terms or your Plan, please contact Mobicure Solution: BY PROCEEDING WITH THE PURCHASE AND ACTIVATION OF THE PLAN, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO ALL THE TERMS AND CONDITIONS SET FORTH HEREIN.