General Terms and Conditions One Plus Screen 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.
- Important information
If Your Display 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 equipment repaired or replaced by a Replacement Display with equivalent functionality. A
Replacement Display can be either new or refurbished. - Where and when
Your 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 Equipment abroad. - Definitions (in alphabetical order):
- Accidental Damage/Damage means: Damage as a result of a sudden event that has an external effect on
Your Display resulting in fall, impact and/or moisture Damage, as a result of which Your Display no longer
functions correctly and completely, including Damage caused by third parties without Your permission. - 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 The United Kingdom under the freedom to
provide services. The Administrator might outsource (part of It’s) responsibilities to selected (local) third parties. - Display or Screen means: the original screen that belongs to and is affixed to Your Equipment..
- 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. - Equipment means: The OnePlus mobile phone which, based on the IMEI number or serial number, is registered
as new with the Administrator for the purpose of taking out this One Plus Display Insurance, within 14 days after
purchase. - Negligence means: failure to exercise the care that a reasonably prudent person would exercise in like
circumstances. - Replacement Display means: a screen that is provided by Atlas Gemini to replace Your Display in the event of
a successful claim. The Replacement Display is always new or refurbished. - Terrorism means: 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. - Theft or Stolen means: The removal of Your Equipment by known or unknown persons with the intention of
illegally and permanently depriving You of the ownership of Your Equipment. - Third party means: Every other person than the insured, 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 Equipment. - 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 Equipment or are/is not in a position to prevent unauthorised
persons from Damaging Your Equipment. - You/Your/Policyholder means: The Policyholder stated in the policy certificate, providing he/she lives in The
Malta and is older than 18 years. - Virus means: Among other things, but not limited to, trojan horses, worms and any other programme or software
that directly or indirectly prevents Your Equipment from working properly.
- Accidental Damage/Damage means: Damage as a result of a sudden event that has an external effect on
- What is covered
OnePlus Screen Damage Protection Plan provides cover for Your Display against:
- Accidental damage – Your Display will be repaired or replaced by a Replacement Display.
- Worldwide cover – The cover also applies during a temporary stay abroad.
- What is not covered
Atlas Gemini is not liable for:
General;
- An excess fee of €29,- applies based on the value of the Insured equipment:
- Costs of any claim after the first succesful claim.
- Any type of Theft or loss of the Equipment.
- Costs incurred due to the loss of use of Your Equipment, costs for reconnection, subscription costs of any kind,
or any costs other than the direct costs for the repair or replacement of Your Display. - Any Damage to Your Equipment other than Damage to Your Display.
- Any Damage:
- to Your Equipment which is required to be repaired or replacemed in order for the Administrator to be
able to repair or replace Your Display; - to Your Display when Your Equipment Is declared a Total Loss.
- to Your Equipment which is required to be repaired or replacemed in order for the Administrator to be
- Costs for which the manufacturer, supplier or distributor is liable in accordance with the legal warranty
obligations. - Damage to Your Display occurring during or as a result of the process of cleaning, repair, or modification
without prior permission from the Administrator or during seizure or detention by order of a government agency
including the police. - Damage to Your Display caused directly or indirectly by:
- War, invasion, foreign hostilities (regardless of whether the war was declared or not), civil war, rebellion,
revolution, insurrection, military or unlawfully obtained power, nationalisation, confiscation, claim, seizure or
destruction by the government or a government agency; - Ionising radiation or any form of nuclear contamination;
- Shock waves caused by aircraft or other flying objects moving at sonic or supersonic speeds;
- Terrorism, regardless of other causes or events that simultaneously or in any other order contribute to the
damage.
- War, invasion, foreign hostilities (regardless of whether the war was declared or not), civil war, rebellion,
Damage
- Minor scratches and dents that do not affect the normal functionality of Your Display.
- Any repair costs incurred for the processing, repair and/or cleaning by the insured himself/herself and/or by a
repair workshop not recognised by OnePLus which resulted in the loss of the insured’s right to the legal
warranty. - Damage to the Display caused by the use of inferior parts (not new and/or not original OnePlus parts) during
modification and/or repair of the Equipment by the Insured himself/herself and/or by a repair workshop not
recognised by OnePlus. - Any Damage to the Display that has arisen as a result of Negligence.
- Any Damage to the Display caused by wear and tear, depreciation, insects, vermin, mould or atmospheric or
climatic conditions. - Any Damage to the Display caused by failure to comply with the user instructions, the connection, installation
and maintenance instructions as described in the manufacturer’s user manual. - Any Damage to the Display caused by a Virus.
- Any Damage that was caused with intent by the insured.
- Damage or loss of insured equipment following a fire.
- Our conditions
Period of Insurance or 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 commences
at 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 Equipment in brand new condition and provided that the 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.In the event of a successful claim, Your policy is automatically cancelled immediately after its fulfilment. No
premiums will be refunded. The Insurer will notify You about the cancellation by e-mail.The premium applicable to this insurance is in full collected up front by the Insurer.
Method of payment
Atlas Gemini may, at its sole discretion, proceed to:
- repair or replace Your Display with a Replacement Display.
- issue a price quotation for the additional repair or replacement costs if the condition of Your Equipment
makes the repair or replacement of Your Display impossible without additional repair to Your Equipment.- If You agree on the price quotation and have paid for the additional repair or replacement costs, Your
Equipment will be repaired and Your Display will be repaired or replaced; - If You don’t agree on the price quotation, Your Display won’t be repaired or replaced and Your
Equipment will be returned to You free of charge.
- If You agree on the price quotation and have paid for the additional repair or replacement costs, Your
- Not repair or replace Your Display If Your Equipment is declared Total Loss.
Careful use
You are obliged to take all reasonable precautions to protect Your Display against Accidental Damage and keep it
in a good state of repair.Not telling the truth
- 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. - If You have intentionally provided incorrect information or have intentionally withheld information regarding
a claim, 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. - 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. - 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.
- If You have intentionally provided incorrect information or have intentionally withheld information that You
Reporting a claim
As soon as reasonably possible after discovering Accidental Damage to Your Display that You think is eligible for
coverage under Your policy You must:- In the event of intentional Damage caused by a Third Party without Your consent , notify the Administrator
and the police (or if You are staying abroad, the local equivalent of the police) within 72 hours or as soon as
reasonably possible after discovery if that period of 72 hours is not feasible for the Insured. - The police must prepare an official report, even if You are staying abroad, because a copy of this official
report is required to assess Your claim. You can contact the Administrator by calling +356-(0)277 81297or,
if You’re calling from abroad, +356-(0)277 81297. - In the event of non-intentional 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 by calling the Administrator on +356-(0)277 81297; - If You do not report the Damage in accordance with the above obligations, Atlas Gemini may reduce its
service 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. - 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 Display must be repaired or replaced by a repair workshop
selected by Atlas Gemini. If You do not comply with this, Atlas Gemini shall no longer be liable for
performance of services. - 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.
- In the event of intentional Damage caused by a Third Party without Your consent , notify the Administrator
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.Changes to the 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 Equipment is only possible if the
Equipment is new, from the same OnePlus model & type, properly functioning and undamaged and the change has
been communicated to Atlas Gemini within 7 days after the purchase date by sending an email to +356-(0)277
81297. Atlas Gemini reserves the right to request a diagnostic check of the Display of the the new Equipment. Atlas
Gemini is not liable for the costs of repairing or replacing a display other than the Display that is part of the
registered Equipment.Cancelling your policy
You have the right to cancel Your policy within 14 days after:
- The day that You were notified that Your policy has entered into effect or
- The day on which You received the full general terms and conditions of your policy
After receipt of Your cancellation request, the already paid premium for the policy period after the cancellation
enters into effect will be refunded.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 for the remaining
period of insurance, effective from date of notification of cancellation.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 NetherlandsThe 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
organisations to review the case:Office of the Arbiter for Financial Services, 1e Floor, St Calcedonius Square, Floriana FRN 1530, Malta, Tel
+356 21249245 (overseas call charges apply),
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 failed to receive
such definitive answer 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 +356-(0)277 81297.
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.Requirements and wishes
Your insurance meets the requirements and wishes of a person who wishes to protect his or her Display against
the risk of Accidental Damage.
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). The
company acts in The United Kingdom under the freedom to provide services and is registered with the Financial
Conduct Authority under number 439406.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:- that You are only entitled to make a claim under this insurance; and
- 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 - 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 - 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.By entering into this insurance, You acknowledge and agree that this insurance is being entered into with Atlas
Gemini and that You are aware of the provisions of the PCC Regulations, which apply to Atlas Insurance PCC
Limited and Gemini Cell.
You further accept and agree that this clause of the terms and conditions is to be governed and construed in
accordance with Maltese law and that any disputes in connection therewith are to be submitted to the exclusive
jurisdiction of the Maltese Courts. You warrant that, under applicable law, you are permitted to choose such law and
forum to govern this clause of the insurance. Your agreement to have this clause governed by Maltese law and
subject to the jurisdiction of the Maltese Courts and Your representation that it is permitted under applicable law to
choose such law to govern this clause is a material reason why Atlas Gemini has agreed to enter into this insurance.Aftersales Group BV is a private company with limited liability with its registered office in Achter de Tolbrug 151,
5211 SM ‘s-Hertogenbosch, The Netherlands, registered with the Chamber of Commerce under number 55498833,
and is a recognised insurance broker in the Netherlands, authorised and regulated by the AFM with registration
number 12042867 and operates In Europe under freedom of services.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.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.
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
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.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).