Terms and Conditions



These terms and conditions (“ Terms & Conditions ”) is an agreement between the Lapcom Works Private Limited (hereinafter referred to as “Lapcom”, “us”, “we” or, “our”) and you, the subscriber (hereinafter referred to as “Customer”, “you” or “your”). This Agreement sets forth the general Terms & Conditions of your use of the services under the Plan ( defined hereinafter ).


The Kawatch Laptop Protection Plan (“ Plan ”) is offered by Lapcom to only tax Residents of India who can legally contract under the Indian Contract Act, 1872.


The Plan is designed to offer comprehensive coverage for laptop devices from various risks. The risks may include accidental damage, liquid damage along with electrical and mechanical breakdown. The brands eligible under the Plan are set out in Schedule I of these Terms and Conditions.


1. Eligibility


The Plan is offered on payment of the necessary Plan Fee ( defined hereinafter ) for purchase the Plan for select laptop devices. The Plan is available only for laptop devices not older than 10 years from the date of manufacture. The laptop devices bought in India or the laptop devices imported through Official Channels ( defined hereinafter ) are covered under the Plan. The laptop devices bought outside India will not be eligible under the Plan. Non-functional laptop device will not be eligible under the Plan.


For the purpose of these Terms and Conditions, "Official Channels" shall mean the manufacturer and/or its subsidiaries, authorized distributor and/or its subsidiaries, and authorized dealer and/or its subsidiaries located within India.


2. Coverage


Lapcom will provide technical support services and repair of your laptop device in the event of any Malfunction ( defined hereinafter ) during the Plan Term ( define hereinafter ), subject to the terms, conditions and exclusions contained in these Terms and Conditions. Lapcom will also provide technical support. This will at all times be limited to the cover amount opted by you under the Plan.


For the purpose of these Terms and Conditions, "Malfunction" shall mean any mechanical and electrical breakdown/defects to the electrical / electronic / mechanical parts of your laptop devices, liquid damages, cracked or damaged LCD screen but shall not include damages listed in Clause 6.


3. Add-on Coverage


You can increase the protection your laptop devices with the help of Add-ons. The more the Add-ons on your Plan, the higher the cover amount. The Add-on coverage fee is payable in advance along with the base fees for availing the Add-on along with the Plan in the applicable Plan Term. The details of the Add-on coverage/riders are set out in Part B of Schedule II of these Terms and Conditions.


This is the extra coverage you ask voluntarily for your Plan. This will result in an increase in the fees but also add extra coverage. Thus, it is important to choose the best-suited Add-ons for You.


4. Plan Term


The Plan Term is for one year commencing from the day immediately succeeding the activation of the Plan. The Plan shall immediately and automatically terminate if the laptop device has been replaced by Lapcom under the Plan.


5. Plan Fee


Lapcom shall collect the onetime base fee payable in advance by you for availing of the Plan for the applicable Plan Term. The Plan Fee is inclusive of all applicable taxes. The details of the base fee are set out in Part A of Schedule II of these Terms and Conditions.


For the purpose of these Terms and Conditions, “Plan Fee” shall mean the fees charged by Lapcom for the Plan availed by you along with the Add-on coverage/riders.


Activation of the Plan is subject to realization/receipt of the Plan Fee. However, activation of the services is subject to inspection and onboarding the laptop device by Lapcom.


6. Plan Exclusions


Lapcom shall not be liable to make any payments with respect to repair requests, if directly or indirectly caused due to, attributable to or arising from any of the following:


  1. Manufacturing Defects

  2. Pre-existing Malfunctions.

  3. Normal wear and tear of components not integral to the functioning of the laptop device.

  4. Any loss of data stored on your laptop device, or costs related to re-creation of such stored data.

  5. Any consumables or accessories used in or with the laptop device, such as any battery, cable, memory card, software (including programs, data and user settings), modem, scanner, printer, adapter or charger unless covered under a rider added to the Plan.

  6. Any costs covered under the manufacturer’s warranty, any other applicable warranty, or under any existing insurance plan.

  7. Theft, loss, un-traceability, accidental damage, or any damage to the laptop device other than due to any inherent defects.

  8. Any laptop device bought outside of India.

  9. Any laptop which do not carry or carried a valid OEM warranty.

  10. Any Malfunction caused due to abuse, negligence, misuse of the laptop device in contravention of the underlying manufacturer’s warranty.

  11. Any Malfunction caused due to a Force Majeure ( defined hereinafter ) event including insect infestation or intrusion.

  12. Any Malfunction caused due to unauthorized repairs during subsistence of the Plan.

  13. Any Malfunction caused due to inadequate or improper electrical connection including but not limited to power outage, power surges or dips, fluctuating voltage.

  14. Any non-operating and cosmetic damage to the laptop device.

  15. Reception or transmission problems resulting from external causes.

  16. Any laptop device where the unique identifier is removed, obliterated or altered from the laptop device.

  17. Any costs incurred in respect of restoring, reconfiguring and/or repairing the software.

  18. Any Malfunction caused due to incorrect installation, modification or maintenance including failure to follow manufacturer’s instructions.

  19. Any Malfunction caused by computer virus, malware, cyber threats, or realignments to the laptop device.

  20. Any defects subject to the manufacturer’s recall.

  21. If the laptop device is sold or transferred to any third party.

  22. Any defects or problems not covered under the underlying manufacturer’s warranty.

  23. Any repair requests initiated before activation of the Plan.

  24. Any repair requests initiated after the expiry of the Plan Term.


7. Plan Activation


You need to activate the Plan, within 30 days from the date of purchase and schedule an inspection visit by Lapcom executive. Your coverage is activated under the Plan as soon as the laptop device is on-boarded after the inspection.


The laptop device added at the time of activation cannot be changed or replaced at a later time during the Plan Term.


8. Raising a Repair Request


The Plan follows a completely online and paperless process. Hence, no documents are required for raising a repair request on https://www. kawatch.in /. You will just have to answer a few questions on www. kawatch.in in order to raise the repair request. After you answer a few questions on the website and upon acceptance of repair request is accepted by Lapcom , You need to enter the address where the covered laptop device is available for inspection and subsequent repair. The first pick-up and delivery of your laptop device from the registered address of the Customer is free. Thereafter, you can find convenient pickup and delivery option from the registered address of the Customer to meet your needs from our delivery partners . The details of the delivery options are set out in Schedule III of these Terms and Conditions . The delivery fee is exclusive of all applicable taxes. The Customer will get an additional cover amount worth Rs. 500/- (Rupees Five Hundred Only) to the existing cover amount in the event the customers drops-in and picks-up the laptop device.


You can raise unlimited repair requests during the Plan Term provided they are within the cover amount. There is no limit on the number of repair requests for the laptop device covered under the Plan provided that there is sufficient cover amount available under the Plan. After each repair request, the expense incurred by Lapcom in providing the repair services will be deducted from the cover amount and the cover amount available after such deduction shall be communicated to you by Lapcom. The services provided over and above the cover amount will attract the applicable taxes.


Any repairs that arise within ten (10) days from the date of a repair, will be resolved by Lapcom at no cost. If, for some reason, the device proves irreparable or cannot be repaired, Lapcom will reimburse the cover amount incurred for providing such repair or replacement. Any abuse, misuse, modification, or servicing by any company other than Lapcom will void all warranties provided.



9. Replacement Conditions


Subject to these Terms and Conditions, in case the repair of the laptop device takes more than thirty (30) working days, Lapcom shall make reasonable efforts to provide a temporary replacement device of comparable value and specifications. Please note that this is not an assurance or a binding obligation of Lapcom and shall be subject to availability. Working day means any day, other than Saturday, Sunday or a national holiday in India. Lapcom shall not make any payment for the cost of any enhancements, alterations, additions and/or improvements made during the course of any replacement or repair.


If, for some reason, the Laptop device proves irreparable or cannot be repaired, Lapcom may in its discretion offer a replacement laptop device of comparable value and specifications, and you shall have the option to accept or reject such proposal. Provision of the replacement laptop device by Lapcom shall be subject to surrender the original laptop device to Lapcom. The benefits available under the Plan shall not be available to the replaced device.


Per its sole discretion, Lapcom may offer alternate modes of claim settlement, including but not limited to, cashless repair, reimbursement (whether as cash, bank transfer or cover amount under the Plan.


Beyond Economic Repairs : Where the cost of repairs of the laptop device is greater than its existing market value, as determined by Lapcom, or the invoice value of the laptop device, Lapcom may in its discretion offer a replacement laptop device of comparable value and specifications, and you shall have the option to accept or reject such proposal. Provision of the replacement laptop device by Lapcom shall be subject to surrender the original laptop device to Lapcom. The benefits available under the Plan shall not be available to the replaced device.


10. Device Abandonment


Laptop devices left with Lapcom longer than ninety (90) days will be considered abandoned. Lapcom will make at least three attempts to contact you regarding an abandoned device within this time period. If a Customer has not arranged an extended hold time or contact has been unsuccessful, Lapcom will claim possession of the device, perform a secure data reset if possible, and use it at its sole discretion.

11. Cancellation and Termination


The Plan is effective during the Plan Term unless and until terminated by Lapcom. The company Lapcom has the Right to terminate the plan of a customer any time during the duration of the plan. However, the customer does not enjoy the same and cannot cancel the purchased plan anytime during the term of the plan. Upon expiry, one can decide not to renew, if one wants to discontinue the services offered by Lapcom through Kawatch.


If any repair request is dishonest or fraudulent in any manner, the Plan will be terminated with no return of fees and payment of any amounts that may be due and payable under it. Lapcom reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the services provided under the Plan at any time without notice. You acknowledge that Lapcom may do so in its sole discretion. You also agree that Lapcom will not be liable to You for any modification, suspension, or discontinuance of any of the services under the Plan although if You have subscribed to any Plan and Lapcom suspends or discontinues any services under the subscribed Plan, Lapcom may, in its sole discretion, provide You with a credit, refund, discount or other form of consideration (for example, Lapcom may credit additional days of service to your Plan). However, if Lapcom terminates your Plan or suspends or discontinues your access to the services under the Plan due to your violation of these Terms and Conditions of the Plan, then you will not be eligible for any such credit, refund, discount or other consideration. The Plan shall immediately and automatically terminate if the covered laptop device has been replaced by Lapcom during the Plan Term.


Refund = Kawatch - Kaspersky


Part B Schedule IV


12. Representations by Customer


The Customer represents that you are legally competent to enter into a binding legal contract and agrees to be bound by these Terms & Conditions.


The Customer represents and acknowledges that these Terms and Conditions are in addition to the www. kawatch.in Terms of Use and Privacy Notice to which you agree by using www. kawatch.in . In the event of any conflict between the www. kawatch.in Terms of Use and these Terms and Conditions, these Terms and Conditions will prevail to the extent of the Plan only.


13. Indemnity


Lapcom disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and content).You agree not hold Lapcom liable for any damage, loss, injury, expense, claim suffered by You due to or in relation to your use of the services under the Plan or by your reliance on the information contained in these Terms and Conditions.


You agree to defend, indemnify and hold harmless Lapcom, its subsidiaries, affiliates, and their respective employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Lapcom including but not limited to breach of any warranties, representations or undertakings or in relation to the breach or non-fulfillment of any of your obligations under these Terms and Conditions of the Plan or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry, cancellation or termination of the Plan.


14. Limitation of Liability


Under no circumstances shall Lapcom, its employees and directors, its suppliers, its third party advisors and its affiliate companies be liable to You for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, loss of data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use of the Plan. Nothing in these Terms and Conditions is intended to exclude or limit the liability of for fraud, wilful negligence, or any liability that cannot be excluded or limited by applicable law.


In no event shall Lapcom’s overall liability under the Plan exceed the maximum cover amount under a Plan or the depreciated value of the laptop device calculated as per the Income Tax Act, 1961, whichever is higher. You acknowledge that these limitations of liability are a material part of the bargain between the parties and are reflected in product pricing, which would be higher without these limitations.


In no event shall Lapcom be held responsible/liable for any loss of data, software, or contents including but not limited to pictures/images, videos, downloads, music and/or any content stored on the laptop device.


15. Governing Law and Dispute Resolution


Any disputes between You and Lapcom arising in connection with the Plan shall be governed and construed in accordance with the laws of India. The Plan shall be subject to the sole and exclusive jurisdiction of the courts situated at Hyderabad, India.


16. Force Majeure


Any delays in or failure of performance of any obligations by either Lapcom or You under the Plan shall not constitute default hereunder if and to the extent caused by a force majeure event, which is defined to be occurrences beyond the control of the party committing default, including but not limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection, sabotage and non-cooperation of third parties, provided, however, that such defaulting party shall give prompt notice to the other and shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed.


17. Notices

Any Notice by Lapcom will be sent by email or by general notification on the website www. kawatch.in .

Any Notice to Lapcom should be sent to the Support Team;

Customer care number: 9100 191 191

Email Id: support@kawatch.in

Address: Lapcom Works Pvt. Ltd.
5-9-13, Flat No.303, Taramandal Complex,
Saifabad, Hyderabad, 
Telangana - 500004.


18. Miscellaneous

These Terms and Conditions together with Terms of Use and Privacy Notice of www. kawatch.in constitute the entire or sole legal agreement between you and Lapcom shall supersede and prevail any prior agreements, whether oral or written, regarding subject matter hereof.

Lapcom may hire or engage one or more subcontractors to perform any or all of its obligations under any Plan without any prior notice to Customer.

If you breach these Terms and Conditions and Lapcom takes no action, Lapcom will still be entitled to use the rights and remedies in any other situation where you breach these Terms and Conditions.

If any one or more of the provisions of these Terms and Conditions is or becomes invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions will not in any way be affected, prejudiced or impaired.


9.Complementary Products


Lapcom will not take any responsibility on activation, services or complaints related to complementary product that comes together with Kawatch. Customer has to call the relevant customer service for the solution.

Schedule I

List of brands eligible under the Plan:

  1. Acer

  2. Asus

  3. Dell

  4. Sony

  5. Lenovo

  6. Samsung

  7. Toshiba

  8. Hewlett Packard

Schedule II


Part A

Plans


Plan

Fees

Cover Amount

Kawatch Laptop Protection Plan

Rs. 1,499

10 , 000


Part B

Riders / Add-on


Add-On

Fees

Additional Cover Amount

Rider – 1

Rs. 1,000

10 , 000

Rider – 2

Rs. 2,000

20 , 000

Rider – 3

Rs. 3,000

30 , 000



Schedule III

Delivery Options


  1. Drop-in & Pick-up


Customers can opt for drop in & pick up facility at/from our designated service centers (please check www.kawatch .in for more information. A total of Rs 500 will be added to the Cover Amount.


Particulars

Additional Cover Amount

Drop-in laptop at the service center

Rs. 250

Pick-up laptop from the service center

Rs. 250



  1. Door step pick-up and delivery


Door step pick-up and delivery (For Hyderabad & Secunderabad only) : Lapcom delivery executive will come to your door step for pick-up and delivery. The following are the charges for the pick-up and delivery from the registered address of the Customer in Hyderabad and Secunderabad:


Particulars

Pick up charge exclusive of taxes

Delivery charge exclusive of taxes

First pick up & delivery

Free

Free

Subsequent pick up & delivery

Rs. 150

Rs. 150


  1. Courier


We are the providing the pick-up and delivery services by our logistics partner. The following are the charges for the pick-up and delivery from the registered address of the Customer in areas other than Hyderabad and Secunderabad:




Particulars

Pick up charge exclusive of taxes

Delivery charge exclusive of taxes

First pick up & delivery

Free

Free

Subsequent pick up & delivery

Rs. 200

Rs. 200


*All pick-up and delivery services are subject to logistic partners policies.


Schedule I V

Tech Support Charges


Particulars

Time

C harge exclusive of taxes

First Tech Support

Up to 1 hour

Free

Subsequent Tech Support

0 - 30 minutes

Rs. 2 5 0


31 - 60 minutes

Rs. 50 0



Schedule V

Refund Calculation


Particulars

Refund Calculation


Kawatch Laptop Protection Plan

Market Price of the Complementary Product (if any)

If Kawatch Protection Plan is not activated

1,499

600



Refund amount

1,499 600 = 900


*we will not refund the market price of the complementary product you have received.