General Terms and Conditions OnePlus Accidental Damage Protection Plan, October 2019

A fixed policy period of twelve (12) months applies, depending on the product that You have selected. At the latest 3 months before the fixed period lapses, You will receive a notification of cancellation from the Insurer unless the policy was terminated earlier in accordance with the terms of this policy.

  1. Important information

    If your Insured Equipment has been Accidentally Damaged during the policy period, Atlas Insurance PCC Limited, in
    respect of its Gemini Cell (‘Atlas Gemini’) will, at its discretion with due observance of the following definitions,
    exclusions and conditions, have Your Insured Equipment repaired or replaced by a Replacement Equipment with
    equivalent functionality. A Replacement Equipment can be either new or refurbished.

  2. Where and when

    Your Insured Equipment is covered during the whole policy period, both in Your country of residence as stated in
    Your policy certificate and when You temporarily take the Insured Equipment abroad.

  3. Definitions (in alphabetical order):

    1. Accessories
      means: Every Accessory that was purchased together with Your Insured Equipment, with the
      exception of car kits, installation material, software and content downloads.
    2. Accidental Damage/Damage
      means: Damage as a result of a sudden event that has an external effect on
      Your Insured Equipment resulting in fall, impact and/or moisture Damage, as a result of which your Insured
      Equipment no longer functions correctly and completely, including Damage caused by third parties without
      Your permission.
    3. Administrator
      means: Aftersales Group B.V. Aftersales is a company incorporated under Dutch law with its
      registered office at 151 Achter de Tolbrug, 5211 SM ’s-Hertogenbosch, The Netherlands. The company is
      registered with the Dutch supervisory authority AFM (Netherlands Authority for the Financial Markets) under
      number 12042867. The company is authorised to perform activities in Malta under the freedom to provide
      services and is registered with the MFSA (Malta Financial Services Authority) under number 12042867. The
      Administrator might outsource (part of its) responsibilities to selected (local) third parties.
    4. OnePlus
      means: BBK Electronics Corporation, a Chinese electronics company that ownes the exclusive rights
      on of the OnePlus brand, including its subsidiaries and official local representatives.
    5. Insured Equipment/Equipment
      means: The insured OnePlus device which, based on the IMEI number or
      serial number, is registered as new with the Administrator within 14 days after purchase, as well as
      Accessories that were purchased at the same time. The Insured Equipment with associated serial number
      and/or associated serial number is described in Your policy schedule.
    6. Negligence
      means: failure to exercise the care that a reasonably prudent person would exercise in like
      circumstances.
    7. Purchase price
      means: The purchase value of the Insured Equipment including VAT but excluding any
      discounts granted by the sales assistant, as stated on Your policy schedule.
    8. Replacement Equipment
      means: equipment that is paid by the Insurer to replace Your Insured Equipment. In
      principle, Replacement Equipment is identical to Your mobile phone (with the exception of colour). If identical
      equipment is no longer reasonably available to the Administrator, the insured person will be given Replacement
      Equipment that, in the opinion of the Administrator, is equivalent to the Insured Equipment registered with the
      Administrator. Replacement Equipment is always new or refurbished equipment.
    9. Terrorism
      Any act, including but not limited to, the use of force or the threat of force, by a person or
      group of persons acting alone or on behalf of or in connection with any organisation or government committed
      to political, religious, ideological or similar purposes, with the objective of influencing a government or of
      frightening the population or part of the population.
    10. Third Party
      means: Every other person than the insured person, his/her spouse or partner, his/her ascendants
      or descendants, his/her representatives if the Insured is a legal entity, as well as every other person who did not
      have permission from the insured to use the Insured Equipment.
    11. Unattended
      means: When You, or another person older than 18 years to whom You have entrusted your
      Equipment, do/does not have full visibility of the Insured Equipment or are/is not in a position to prevent
      unauthorised persons from removing Your Equipment.
    12. You/Your/Policyholder
      means: The Policyholder stated in the policy certificate, providing he/she lives in Malta
      and is older than 18 years.
    13. Virus
      Among other things, but not limited to, Trojan Horses, Worms and any other programme or
      software that directly or indirectly prevents Your Insured Equipment from working properly.
  4. What is covered

    OnePlus Accidental Damage Protection Plan provides cover against:

    1. Accidental damage –
      Your Insured Equipment will be repaired or replaced by replacement equipment with
      equivalent functionality.
    2. Accessories –
      Up to a maximum value of €150.00 in total for Accessories that were damaged or stolen at the
      same time as the Insured Equipment.
    3. Worldwide cover –
      The cover also applies during a temporary stay abroad.
  5. What is not covered

    Atlas Gemini is not liable for:

    1. General –Applicable to all forms of damage;
      1. An excess fee applies based on the type of the Insured equipment:

        Equipment bandExcess fee
        OP7T € 69
        OP7TPro€ 79
      2. Costs of any claim after the first succesful claim If Your Period of Insurance Is six (6) months or twelve (12)
        months and costs of any claim after the second succesful claim If Your Period of Insurance Is twenty four (24)
        months.
      3. Costs incurred due to the loss of use of Your Insured Equipment, costs for reconnection, subscription costs of
        any kind, or any other costs than the direct costs for the repair or replacement of Your Insured Equipment.
      4. Any kind of theft or loss of the Equipment.
      5. Damage to external data carriers, such as tapes, films, discs, DVDs, SD cards and software.
      6. The recovery costs of data on both internal and external data carriers.
      7. Costs for which the manufacturer, supplier or distributor is liable in accordance with the legal warranty
        obligations.
    2. Damage
      1. Cosmetic Damage to the Insured Equipment, such as scratches and dents, that do not affect the normal
        functionality.
      2. Any repair costs incurred for theprocessing, repair and/or cleaning by the insured himself/herself and/or by a
        repair workshop not recognised by OnePlus, whichh resulted in the loss of the insured’s right to the legal
        warranty.
      3. Damage to the Insured Equipment caused by the use of inferior parts (not new and/or not original OnePlus
        parts) during modification and/or repair of the Insured Equipment by the insured himself/herself and/or by a
        repair workshop not recognised by OnePlus.
      4. Software and defective lamps, tubes, tapes, batteries, SIM cards, antennas, toner kit, drum set, print head and
        other equipment that due to their nature and use are subject to regular and rapid wear and/or deterioration;
      5. Any Damage to Insured Equipment that has arisen as a result of Negligence.
      6. Damage to Accessories unless they are damaged by the same event that also caused the Accidental Damage to
        or theft of the Insured Equipment.
      7. Any Damage to the Insured Equipment caused by wear and tear, depreciation, insects, vermin, mould or
        atmospheric or climatic conditions.
      8. Any Damage to the Insured Equipment caused by failure to comply with the user instructions, the connection,
        installation and maintenance instructions as described in the manufacturer’s user manual.
      9. Any Damage to the Insured Equipment caused by a Virus.
      10. Any Damage that was caused with intent by the insured.
      11. Damage or loss of insured equipment following a fire.
  6. Our conditions

    1. Policy period

      A fixed policy period of twelve (12) months applies, depending on the product that You have selected. At the
      latest 3 months before the fixed period lapses, You will receive a notification of cancellation from the Insurer
      unless the policy was terminated earlier in accordance with the terms of this policy as set out in sub h. Provided
      that the total premium for the policy period has been collected by the Insurer, the insurance cover commences
      on the date that You have succesfully registered for this insurance, provided this date is no later than 14
      calendar days after the purchase of the Insured Equipment in brand new condition and provided that the Insured
      Equipment is not damaged or has been lost or stolen. The start date and the fixed period of insurance are stated
      in the policy schedule.

      The premium applicable to this insurance is in full collected up front by the Insurer.

    2. Method of payment

      Atlas Gemini may, at its sole discretion, proceed to:

      1. repair or replace the Insured Equipment (with Replacement Equipment) and Accessories (with a retail value of
        up to €150.00), or
      2. pay to the insured a sum of money equal to the costs that Atlas Gemini would have to Incur to provide the
        insured with Replacement Equipment and Accessories with functionality that reasonably comes as close as
        possible to the Insured Equipment, in the opinion of Atlas Gemini.

      The amount paid out will never be higher than the Purchase Price.

    3. Careful use

      You are obliged to take all reasonable precautions to protect Your Insured Equipment against Accidental Damage
      and keep it in a good state of repair.

    4. Not telling the truth

      1. If You have intentionally provided incorrect information or have intentionally withheld information that You
        should reasonably know may affect the risk assessment by the Insurer, the Insurer may decide to annul
        the policy while You are taking it out. If Your policy is declared null and void on these grounds, no premium
        refund will be made.
      2. If the insured has intentionally provided incorrect information or has intentionally withheld information
        regarding a claim reported by the insured, the Insurer may refuse the claim. Your Policy remains valid until
        the moment it is cancelled by one of the two parties in accordance with the provisions in these General
        Terms and Conditions.
      3. Atlas Gemini has the right to reclaim all costs incurred in connection with a claim (including investigation
        and collection costs) if, after payment of the claim, it still appears that the claim was in any way fraudulent.
      4. Atlas Gemini can notify the police, government or regulatory authorities of fraudulent acts. Atlas Gemini
        can also share the details of the fraudulent claims with other insurers, including by placing them on a list of
        fraudulent claims created by insurers to combat fraud.
    5. Reporting a claim

      As soon as reasonably possible after discovering Accidental Damage that You think is eligible for coverage under
      Your policy You must:

      1. In the event of Accidental Damage covered by Your policy , inform the Administrator within 14 days after

        the discovery of the Accidental Damage or, if this is not possible, as soon as reasonably possible. You
        can do this by calling the Administrator on +356-(0)277 81297 or, if you’re calling from abroad, +356-
        (0)277 81297 (International charges may apply);

      2. If You do not report the Damage in accordance with the above obligations, Atlas Gemini may reduce its
        performance to the extent of the Damage suffered by it. If Atlas Gemini can prove fraudulent intent, it will
        be able to refuse the full insurance performance.
      3. It is a condition of Atlas Gemini’s liability that payment of Your claim always take place according to the
        method indicated by Atlas Gemini. Your Insured Equipment must be replaced by Atlas Gemini or by a
        repair workshop selected by Atlas Gemini. If You do not comply with this, Atlas Gemini shall no longer be
        liable for the performance of services.
      4. You can be asked to fill in an application form or provide additional information about Your claim. Any lack
        of cooperation on Your side can delay the assessment of Your claim.
    6. Your age and address

      You must be at least 18 years old at the time of the purchase of Your policy and live in your country of residence
      as stated on Your Policy cerificate during the policy period.

    7. Changes to the insured equipment or other information

      The insured must give the Administrator timely notification of changes to the information on which this policy is
      based, such as the address and email address of the insured. Changing the Insured Equipment is only possible if
      the device is a new, properly functioning and undamaged OnePlus device and the change has been
      communicated to Atlas Gemini within 7 days after the purchase date by sending an email to
      eu_support@servify.tech. Atlas Gemini reserves the right to request that the purchase receipt of the new device be
      presented. Atlas Gemini is not liable for the costs of repairing or replacing equipment other than the registered
      Insured Equipment.

    8. Cancelling your policy

      You have the right to cancel Your policy within 14 days after:

      1. The day that You were notified that Your policy has entered into effect or
      2. The day on which you received the full general terms and conditions of your policy, where this is later
        than the date referred to in paragraph (i)

      After receipt of Your cancellation request, the already paid premium for the policy period after the cancellation
      enters into effect will be refunded.

      Furthermore, the following applies:

      1. Your policy is automatically cancelled immediately after the fulfilment of Your first succesful claim If Your
        Period of Insurance is six (6) months or twelve (12) months. No premiuns will be refunded. The Insurer
        will notify You about the cancellation by e-mail.
      2. Your policy is automatically cancelled immediately after the fulfilment of Your second succesful claim if
        Your Period of Insurance is twenty four (24) months. No premiums will be refunded. The Insurer will notify
        You about the cancellation by e-mail.
    9. Changes to your policy

      Atlas Gemini may change the terms and conditions of Your policy at any time insofar as they have no material
      impact on the insured according to the criteria of reasonableness and fairness.
      Substantial changes to the terms and conditions of Your policy, including but not limited to the premium, excess,
      claim procedures or right of cancellation for future policy periods, can only be implemented by Atlas Gemini after it
      has received Your agreement to the changed policy conditions.

      In the event of substantial changes to the terms and conditions of Your policy, You have the right to cancel the
      policy within three (3) months after receiving the announced change. Such changes need to be announced by the
      Insurer at least three months before they go into effect.

      If in such case You decide to cancel the policy, the Insurer will refund any premiuns paid up front covering the
      remaining period of insurance effective from date of notification of cancellation.

    10. What to do if you are not satisfied with Atlas Gemini

      Atlas Gemini will do everything possible to provide You with a professional and reliable service. Should You,
      however, have a complaint about this service, You can always report it to us. In that case we advise You to report
      Your complaint to Aftersales Group BV, which acts on behalf of Atlas Gemini as the policy Administrator. You can
      contact Aftersales Group by calling +356-(0)277 81297., or by sending an email to eu_support@servify.tech.
      Aftersales Group’s postal address is:

      Achter de Tolbrug 151
      5211 SM ’s-Hertogenbosch, The Netherlands

      The Administrator will try to resolve Your complaint or problem within 24 hours. If this is not possible, the
      Administrator will confirm Your complaint within 5 working days of receipt and provide a definitive answer within 2
      weeks.

      In the unlikely event that the Administrator’s response is found to be unsatisfactory, the complaint can be reported to
      Atlas Insurance PCC Limited (Gemini Cell) 47-50 Ta ’Xbiex Seafront, Ta’ Xbiex XBX 1021, Malta.

      If, after involving these entities, Your complaint has still not been satisfactorily resolved, You can ask the following
      organisation to review the case:
      Office of the Arbiter for Financial Services, 1e Floor, St Calcedonius Square, Floriana FRN 1530, Malta, Tel +356
      21249245.Email complaint.info@financialarbiter.org.mt; Web www.financialarbiter.org.mt.

      The Arbiter’s office expects You to have a definitive written answer from Atlas Gemini, or have not received such
      final reply within 15 days, before they can accept Your case.

      The European Commission has an online dispute commission for Consumers who have a complaint about a
      product or service that has been purchased online. If You choose to submit Your complaint in this way, it will be
      forwarded to an independent complaints organisation that will ultimately handle the matter entirely online and will
      respond within 90 days. The internet address for this online dispute commission is:
      https://ec.europa.eu/consumers/odr.

      Please remember to always state our email address eu_support@servify.tech. Please note that this independent
      complaints organisation can only consider Your complaint after we have had the opportunity to arrive at a solution.

      Your rights as a customer to take legal action remain unaffected by the existence or use of said complaints
      procedures.

    11. Demands and Needs

      Your insurance meets the demands and needs of a person who wishes to protect his or her Insured Equipment
      against the risk of AccidentalDamage.

    12. Your Insurer and the liability clause

      This insurance is underwritten by Atlas Insurance PCC Limited, in respect of its Gemini Cell (‘Insurer’).

      Atlas Insurance PCC Ltd is a company incorporated under Maltese law with its registered office at 47-50 Ta ’Xbiex
      Seafront, Ta’ Xbiex XBX 1021, Malta. Atlas Insurance PCC is authorised by the Maltese Financial Services
      Authority, Notabile Road, Attard BKR 3000, Malta, Tel.: +356 2144 1155, https://www.mfsa.com.mt/ (C5601).

      For this insurance, Atlas acts in respect of its Gemini Cell, a protected cell that was established within the
      applicable Protected Cell Company regulations and is owned by Aftersales Group BV.

      Atlas can create one or more protected cells for the purpose of separating and protecting cellular assets (capital).
      The assets of the Gemini Cell are then protected against the liabilities and losses of the other Atlas cells and those
      of Atlas’s core business itself. By accepting these terms and conditions You agree:

      1. that You are only entitled to make a claim under this insurance; and
      2. that Your rights and claims arising from this policy are primarily settled from the assets of Gemini Cell that are
        available for settlement of claims when Your claim to Atlas Gemini is registered; and
      3. that only when Gemini Cell’s assets have been exhausted, Atlas non-cellular assets will be used to meet any of
        Gemini Cell’s liabilities; and
      4. that a claim cannot be made on the assets of another of Atlas’s protected Cells.

      In this way, the capital of your insurer, Atlas Gemini, is protected at all times against possible shortfalls in the core
      activities of Atlas or at one of the other protected cells. Conversely, in the unlikely event of a shortfall at Atlas
      Gemini, continuity is secondarily guaranteed by the Atlas non-cellular assets.

    13. Communication

      All communication between You and Atlas Gemini and/or the Administrator on the one hand is conducted
      through the email address or postal address provided by You during the registration of the policy. Our email
      address is: eu_support@servify.tech and our telephone number is +356-(0)277 81297.

    14. Protection of your personal data

      Atlas Gemini is the Data Controller of your personal data that is stored by us. Atlas Gemini and the Administrator
      (Us) will only use the information provided by You for the creation of Your policy and possibly during the reporting
      of a claim for policy administration, customer service, claims and fraud prevention, including the possible
      transmission of Your data to other insurers and regulatory authorities and to verify Your data on the basis of data
      from third parties to which we have legal access. For these purposes we may disclose data to our subsidiaries,
      service providers, agents and suppliers.

      You hereby confirm that all data from a third person that you may have provided to us in connection with the
      registration and execution of your policy has been provided with the consent of this third person. You also agree to
      receive communications regarding the protection of this data from Atlas Gemini on behalf of this third person.

      We only store Your data for the period required to fulfill all our obligations arising from this policy, unless a longer
      retention period is legally required and allowed.

      You have the right to access Your personal data and ask Atlas Gemini to update or correct the information in
      question or to remove this personal data from our records if it is no longer required for the purposes stated above.
      You can exercise these and other rights arising from Atlas Gemini’s privacy policy by contacting our data protection
      officer. You can send Your request by letter to: The Data Protection Officer, Atlas Insurance PCC Limited, Ta-
      Xbiex Seafront 48-50, Ta’Xbiex XBX 1021 Malta or by email to dpo@atlas.com.mt. However, please note that
      certain personal information may be exempted from such access, correction or deletion requests based on the EU
      GDPR and/or other applicable laws and regulations.

      If You believe that the processing of Your personal data by Atlas Gemini is not in compliance with the applicable
      data protection laws and regulations, you can file a complaint with Atlas Gemini and/or the Office of the Information
      and Data Protection Commissioner by clicking on this link https://idpc.org.mt/en/Pages/contact/complaints.aspx. If
      You would like to view our complete privacy policy to gain a better understanding of how we manage your data,
      please see https://www.atlas.com.mt /legal/data protection/. Please note that our policy is subject to occasional
      changes to continue complying with changing laws, regulations and guidelines for data protection.

    15. Which laws apply and which courts are competent

      The laws of Malta apply to this policy and disputes relating to the rights arising from the policy are submitted to
      the Maltese courts and tribunals.

      This policy is underwritten by Atlas Insurance PCC Ltd, acting from its Gemini Cell Company. Atlas Insurance PCC
      Ltd is a company incorporated under Maltese law with its registered office at 47-50 Ta ’Xbiex Seafront, Ta’ Xbiex
      XBX 1021, Malta. Atlas Insurance PCC is authorised by the Maltese Financial Services Authority, Notabile Road,
      tt’Attard BKR 3000, Malta, Tel.: +356 2144 1155, https://www.mfsa.com.mt/ (C5601).