These Terms and Conditions form the service agreement between Samsung Electronics Canada Inc. (“We”, “Us”and“Our”) and you, Our customer (“You” and “Your”) with respect to this Samsung Care+ plan (“Plan”). The headofficeof Samsung Electronics Canada Inc. is located at 2050 Derry Road West, Mississauga, Ontario, L5N0B9.
By purchasing this Plan, You expressly agree that You have had the opportunity to read these Terms andConditionsand that You accept these Terms and Conditions. These Terms and Conditions and the confirmationletterYou willreceive containing the description of Your eligible device(s) for which this Plan was purchased (“ConfirmationLetter”), constitute the entire agreement between You and Us. No oral or written representations,warranties orconditions, and no amendment or modification of these Terms and Conditions will be binding on Youor on Us,except as otherwise required by law.
What Device Is Protected by this Plan?
Your device protected by the Plan is the Samsung cell phone or smart phone You purchased new inCanada(“Device”), as specified on the Confirmation Letter.
Only the Device for which this Plan was purchased as indicated on the Confirmation Letter is eligible forprotectionunder the Plan. You cannot transfer the Plan to another person or business, or to another Device.
When Can You Purchase the Plan?
You can purchase the Plan only at the time You purchase Your Device or within 30 days of Your Device purchase date.
If you do not purchase the Plan at the same time as You purchase Your Device but purchase the Plan within the30days following Your Device purchase date, a 25-day waiting period will apply before You can request servicesunderthe Plan.
When Does Plan Protection Begin and End?
Your protection begins on the date You purchase the Plan, as indicated in the Confirmation Letter,andcontinues for 24 months, unless this Plan is cancelled in accordance with the section entitled “Can this PlanbeCancelled?”.
Your Device is protected by the manufacturer’s warranty in the first year after Device purchase and thisPlanextends the mechanical malfunction or defect coverage for an additional year. From the time of Plan purchaseandfor the full term of the Plan, your Device is covered for physical or liquid damage in accordance with thesectionentitled “Description of Our Plan”.
We are not responsible and have no obligations to You for any issues with Your Device arisingfrom an event thatoccurs before You purchase the Plan or after the Plan ends, whether bycancellation or expiry.
Description of Our Plan
This Plan complements and is supplementary to the manufacturer’s warranty, but does not replacethemanufacturer’s warranty orwarranty obligations during the manufacturer’s warranty period. Parts andservicescovered by the manufacturer’s warranty and the warranty obligations under the manufacturer’s warranty,including battery replacements, are the responsibility of the manufacturer only. This Plan provides certainadditionalprotection which the manufacturer may not provide. Please refer to the terms and conditions ofthemanufacturer’s warranty for more details.
In the event Your Device suffers a mechanical malfunction or defect, including battery failure, that is not coveredbythe manufacturer’s warranty during the term of such warranty, or Your Device suffers physical or liquiddamagethat renders it inoperable, We will repair Your Device and return it to normal operating conditions. At Oursole option,We may choose to replace Your Device rather than repair it.
If Device failure is due to physical or liquid damage, this Plan provides a maximum oftwo (2) service requeststhroughout the lifetime of the Plan. There are no limits for servicerequests due to mechanical malfunction or defects,provided they are not protected by themanufacturer’s warranty.
If We replace Your Device, Your Device will be replaced with a refurbished Samsung cell phone orsmartphone of like kind and quality and with comparable features and functionality, but not necessarily ofthesame colour, and not to exceed the current value of Your Device as determined by Us. Standardaccessoriesincluded with Your Device in the original manufacturer’s packaging will only be replaced whenincompatiblewith the replacement device. All parts and Devices that have been replaced by a replacement part ordevicebecome Our property. Protection under this Plan will be extended to the replacement device fortheduration of time remaining under this Plan. The replacement device will become the protected Device. Anyrepair covered under this Plan may only be performed by a Samsung authorized service center.
Plan Purchase Price
The Plan purchase price is $170.00, plus applicable taxes, and is payable when You purchase the Plan.
How To Request Services
Call Us at 1-877-699-1356 24 hours / 7 days per week (including holidays) to initiate a service request.Youmay be required to provide Us with the original Confirmation Letter or with any other information Wemayreasonably request. A service fee of $129.00, plus applicable taxes, will apply to each service request.
Upon processing Your service request, We will supply you with a return courier package which You must usetoship Your defective or inoperable Device to Us for repair.
Before providing Your Device for service, YOU MUST:
1. if possible, remove any screen lock application (PIN, touch ID, or password);
2. deactivate any Activation Lock, such as Google Activation Lock or any other Activation Lock application inthemarket; and
3. remove any removable cards such as media and SIM Cards.
Please note that failure to deactivate any Activation Lock may result in a delay in repairing Your Device.
It is Your responsibility to remove Your SIM and Memory Card, and any accessories, ifpossible, and to delete allpersonal or sensitive data from the Device before You ship it. It isYour responsibility to back up the contents of YourDevice. We will not be responsible forthe loss of any programs, data, or other information stored on Your Device or anymedia (ForQuebec only: The foregoing is not intended to liberate Us from the consequences of Our ownacts or the actsof Our representatives.) This Plan does not include restoration of data toYour Device or, if applicable, its replacementunder this Plan.
What Is Not Protected by the Plan?
The Plan does not apply to and We do not provide services for:
1. mechanical failures or defects or battery failures covered by the manufacturer’s warranty during the term ofsuchwarranty;
2. tablets or data sticks;
3. Devices with removed, altered or defaced International Mobile Equipment Identity (IMEI) numbers;
4. Devices used for commercial purposes, provided by You for use by the general public, or used for lease orrental.Use of a Device for these purposes will void this Plan;
5. incidental, indirect, or consequential damages, including, but not limited to, loss of profits, down-time andchargesfor time and effort (except as otherwise required by law);
6. any loss or amount other than the repair or, if applicable and at Our sole option, the replacement of the Device;
7. Device malfunction resulting from intentional physical damage, abuse, misuse, or vandalism;
8. Device malfunction or damage resulting from repairs conducted by other parties;
9. Device malfunction or damage due to improper installation on,
or improper equipment modifications to the Device;
10. lost end-user replaceable parts;
11. accessories, except, if we replace the Device, if the original accessories are not compatible withthereplacement Device;
12. accessories that do not come with Your Device in the original manufacturer’s package, including, but notlimitedto, car chargers, Bluetooth headsets, and face plates;
13. “No problem found” or “no fault found” type diagnosis and intermittent errors that cannot be reproduced;
14. Devices purchased as used recertified, or refurbished devices;
15. minor imperfections in devices that meet design specifications or cosmetic damage (including but notlimited toscratches and dents) that do not affect functionality of the Device;
16. replacement SIM card or related item; or
17. any malfunction or damage occurring (i) prior to the purchase date of the Plan or (ii) after this Plan is cancelledorexpired.
Can This Plan be Cancelled?
You may cancel this Plan within the first 30 days from the date You purchased the Plan by calling 1-877-699-1356,24 hours / 7 days per week (including holidays). You may be entitled to a refund as follows:
1. if You have not obtained services under the Plan, You will receive a full refund of the purchase price of thePlan.
2. If You have obtained services under the Plan, You will receive a refund of the purchase price of the Plan,lessthe cost of services received (unless otherwise prohibited by law).
After the first 30 day period, You cannot cancel the Plan and no
refund will be provided (unless otherwise prohibited by law).
We may cancel the Plan on the basis of (a) fraud or misrepresentation by You in submitting a service request;(b)commercial or rental use of the Device; (c) an unauthorized repair of Your Device; or
(d) transfer of the Device by You to another person or business.
Limitation Of Liability
Our liability under this Plan is strictly limited to the repair to or, if applicable and at our sole option,thereplacement of Your Device. If You pay for the costs of repair or replacement of the Device, We willnotreimburse You for such costs. We are not liable for any loss of programs, data, or other information storedonYour Device or any media. In no event will We be liable to You or any third party for any damagesresultingfrom, or relating directly or indirectly to, Your Plan, including, but not limited to, any damages You may sufferif data left on your Device is accessed, or alternatively, is unrecoverable. (For Quebec only: The foregoingisnot intended to liberate Us from the consequences of Our own acts or the acts of Our representatives.)
You have specifically requested the English version of these Terms and Conditions. A French version is available upon request. Vousavezspécifiquement demandé la version anglaise de ces termes et conditions. La version française est disponible sur demande.
© 2017 Samsung Electronics Canada, Inc. All Rights Reserved. Samsung is a trademark of Samsung Electronics Co., Ltd., and is usedinCanada under license. Other trademarks and trade names are the property of their respective owners.