Service Specific Terms & Conditions ("SSTC") - MAXIS ZEROLUTION 360 DEVICE PROTECTION Basic and Premium Plan
Version [26 October 2018]
MAXIS ZEROLUTION 360 Processing Fees
|Eligible Device Tier (Unsubsidized retail value at the time of purchase)
||Repair Processing Fee – Premium Plan Only
||Replacement Processing Fee – Accidental Damage/Extended Warranty
||Replacement Processing Fee – Attended Theft
|RM 2001.00 to RM 3000.99
|RM 3001.00 to RM 4000.99
|RM 4001.00 to RM 4800.99
|RM 4801.00 to RM 6000.00
|RM 6001.00 to RM 7100.00
- All fees are subject to applicable tax.
- *Processing Fees are subject to additional terms and conditions as described in further detail below.
- **Applies to all models eligible for enrollment in the MAXIS Zerolution 360 Program.
- For a complete schedule of Plan costs, ask a MAXIS sales representative or visit www.maxis.com.my
- For a complete list of Eligible Devices and their device tier, ask a MAXIS sales representative or call Customer Service at 1-800-886-888 or 123 from Your mobile device.
Definitions. (1) “MAXIS” means Maxis Broadband Sdn. Bhd. (2) “Protected Equipment” means the Eligible Device owned by You or Us and enrolled in the Zerolution 360 Program or Replacement Equipment provided by Us. The Protected Equipment, designated by You at the time of enrolment and identified by the International Manufacturer’s Equipment Identification (IMEI), Electronic Serial Number (ESN) or Mobile Equipment ID (MEID), must be actively registered in Your name in MAXIS’ records and have logged airtime after being enrolled in the Plan. Protected Equipment is limited to one Eligible Device per replacement. If You have used a different Eligible Device on Your mobile number immediately prior to the time of a Failure, the Protected Equipment is the Eligible Device (1) for which You have used on Your mobile number immediately prior to the time of a Failure; and (2) for which You have provided a proof of purchase or lease to Us. If there is a difference in Eligible Device Tier, additional fees may apply. (3) “Eligible Device(s)” means the wireless device that We have designated as eligible for service under the Plan as set forth in the list of Eligible Devices and device tier available from Us, which can be found in MAXIS stores or by calling 123 from Your mobile device or 1-800-886-888. (4) “Failure” means the occurrence of Attended Theft, Accidental Damage, oversea wireless device rental charges, and unauthorized call charges, Screen Damage, In-Warranty, and Extended Warranty that occur during the time the Contract is in effect. (5) “Replacement Equipment” means a wireless device of the same make, storage and model (but not necessarily colour), or if the same make, storage and model is not in stock or the production for the Eligible Device is discontinued by the original equipment manufacturer, the replacement device will be a different model of similar feature, functionality and fair market price to the Eligible Device at the time of the Service Request (but may not be the same brand or model), with the same operating system and will not be a model that is older than the Protected Equipment, which We provide to You in the event of a Failure of the Eligible Device. Replacement Equipment becomes Protected Equipment once it has been delivered to You. (6) “Effective Date” means the date You enrolled Your Eligible Device in the Program. (7) The “Plan” means the Zerolution 360 Program plan in which You are enrolled providing repair or replacement service for a Failure of the Protected Equipment, as described in this Contract. (8) The “Airtime Service Provider” means Maxis Broadband Sdn Bhd. (9) “Authorised Service Facility” means the location or locations that serve as a repair or replacement facility for the Program and supply replacements for Protected Equipment. (10) “Computer Virus” means any unauthorized programming or intrusive codes that are entered by any means into covered data processing equipment, media, software, programs, systems or records and interrupt the operations of the Eligible Device. (11) “Enrolled Subscriber” means a customer of Maxis who has enrolled in the Zerolution 360 Program offered by Maxis as part of a sales agreement with Maxis and who has paid all applicable fees due with respect to the Protected Equipment. (12) “Mechanical or Electrical Failure” means failure of the Protected Equipment to operate due to faulty part(s) or workmanship when operated according to the manufacturer’s instructions. (13) “Terrorism” means an act, including but not limited to, the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. (14) “Pollutants” mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapour, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. (15) “Accidental Damage” means any direct and accidental damage including damage, accidental destruction that is externally visible and which prevents the correct operation of the Protected Equipment, glass breakage, physical loss, damage, or destruction caused by an Accident. (16) “Accident” means a known and identifiable but unintended, sudden and unforeseen event. (17) “Attended Theft” means the dishonest appropriation of Protected Equipment belonging to the Enrolled Subscriber while the equipment is in the possession of the Enrolled Subscriber or on his or her person or authorised person, with the intention of permanently depriving the Enrolled Subscriber of that equipment. (18) “In-Warranty” means Mechanical or Electrical Failure occurring during the time the original equipment manufacturer’s warranty is in effect. (19) “Extended Warranty” means Mechanical or Electrical Failure occurring after the expiration of the original equipment manufacturer’s warranty during the period this Contract is in effect. (20) “Screen Damage” means Accidental Damage that results in physical damage to the screen of the Protected Device. (21) “Loaner Device” means, if you are enrolled in the Premium Plan, the device temporarily provided to You by Us while Your Protected Device is being repaired. (22) “Processing Fee” means the amount the Enrolled Subscriber pays towards his or her service request. (23) “Personal Data Protection Act 2010” means the Personal Data Protection Act of 2010, as amended. (24) “Service Request” means the request for service that You file with Us when Your Eligible Device suffers a Failure.
Plan Benefits for Customers Enrolled in the Basic Plan and the Premium Plan:
We agree to replace or repair the Protected Equipment that has incurred a Failure from the causes shown below and reported during the month for which the Enrolled Subscriber has paid the required Zerolution 360 fees to Us:
- Accidental Damage: If You are enrolled in the Basic Plan, replacement Service Request arising out of Accidental Damage to Protected Equipment due to external causes, including Screen Damage, except where specifically excluded by the Program; or if You are enrolled in the Premium Plan, replacement or repair Service Request arising out of Accidental Damage to Protected Equipment due to external causes, including Screen Damage, except where specifically excluded by the Program.
- Attended Theft: If You are enrolled in the Basic or Premium Plan, replacement Service Request arising out of any loss of Protected Equipment due to Attended Theft except where specifically excluded by the Program.
- Unauthorized Calls: If You are enrolled in the Basic or Premium Plan, the cost of unauthorized calls, messages, or internet downloads incurred by You as a result of Attended Theft of Protected Equipment but subject to a limit of RM500.00, provided the occurrence is reported to MAXIS within 24 hours of awareness of Attended Theft.
- Overseas Temporary Rental Cost: If You are enrolled in the Basic or Premium Plan, cost of rental of temporary equipment for a maximum rental period of sixty (60) days for any one visit, but subject to a limit of RM500.00 following a Failure of the Protected Equipment while You are outside the territorial limits of Malaysia.
- In-Warranty: If You are enrolled in the Premium Plan, replacement or repair Service Request arising out of the Mechanical or Electrical Failure of the Protected Device during the original equipment manufacturer’s warranty.
- Extended Warranty: If You are enrolled in the Premium Plan, replacement or repair Service Request arising out of the Mechanical or Electrical Failure of the Protected Device following the expiration of the original equipment manufacturer’s warranty.
Maxis Zerolution 360 Contract. These Maxis Zerolution 360 Device Protection Program Terms & Conditions, together with Your Zerolution 360 Contract, monthly bill (the “Monthly Service Fee”) from MAXIS, confirmation of enrollment either by email or text message, applicable payment provisions under Your MAXIS wireless service agreement, and applicable written communications from Us to You collectively comprise Our Contract (the "Contract"). The Contract governs the Plan, so You should keep these Program Terms & Conditions and all of the other documents that comprise the Contract for Your reference. The Contract and Your wireless service agreement with MAXIS are, and shall remain, separate agreements, but in order to maintain service under the Contract You must also maintain Your wireless service with MAXIS. If any portion of the Contract is deemed invalid or unenforceable, it shall not invalidate the remaining portion of the Contract. The Zerolution 360 Device Protection Program Terms & Conditions is serviced and administered by Brightstar Distribution Sdn Bhd with AIG Malaysia Insurance Berhad.
As used in this Contract, “We”, “Us”, and “Our” mean MAXIS, the company obligated under this Contract. “You” and “Your” refers to the MAXIS account holder that purchased this Contract. This Contract is purchased in and governed by the laws of Malaysia.
What is Protected. If the Protected Equipment suffers a Failure during the time the Contract is in effect, We will replace the Protected Equipment. If You are enrolled in the Premium Plan We may also repair Your Protected Equipment. In the event that We replace Your Protected Equipment, the Protected Equipment will be replaced with a wireless device of like kind and quality with comparable features and functionality to the Protected Equipment. THERE IS NO ASSURANCE, REPRESENTATION, OR WARRANTY THAT ANY REPLACEMENT EQUIPMENT WILL BE IDENTICAL OR OFFER THE SAME FUNCTIONALITIES OR COLOR AS THE ITEM BEING REPLACED. REPLACEMENT EQUIPMENT MAY BE REMANUFACTURED OR REFURBISHED, AT OUR SOLE DISCRETION. In the event the Replacement Equipment You receive is remanufactured or refurbished, such Replacement Equipment shall be similar to Your Protected Equipment regarding functionality and features. Replacement Equipment is limited solely to a wireless device and will not include any equipment accessories associated with the equipment. The Replacement Equipment becomes the Protected Equipment immediately upon delivery to You. If We replace Your equipment under the Plan, We reserve the right to take possession and ownership of Your defective Protected Equipment. You hereby assign and transfer to Us all rights and benefits of any manufacturer’s warranty or other ancillary service relating to any Protected Equipment that We replace.
Manufacturer’s Warranty. This Plan complements and may overlap with the manufacturer’s warranty, which is typically valid for one year from the purchase date of Your device. Some devices may have a longer or shorter manufacturer’s warranty. Please refer to the manufacturer’s warranty provided with Your wireless device or through the manufacturer’s website to understand what protection is offered and the duration of the manufacturer’s warranty.
Contract Service Period. Your service benefits under the Plan begin on the Effective Date and continue for a period of twenty-four months unless terminated by You or by Us in accordance with Cancellation section of the Contract. We will discontinue all costs for the Plan at such time and in accordance with the Cancellation provision below.
Charges. You agree to pay Your Monthly Service Fee for each month on the same terms and conditions as set forth under this Contract. Applicable Processing Fees, shipping and restocking charges, taxes, and regulatory surcharges and assessments, if any, may be added to Your wireless service bill or, at Our sole discretion, collected from You prior to fulfilling Your Service Request.
To Obtain Service. In the event of any Failure of Protected Equipment, You may file a Service Request by calling 1-800-886-888. In the event that Protected Equipment has suffered Attended Theft, You must first notify MAXIS to block the Protected Equipment IMEI number within 24 hours from the time of Attended Theft and before submitting the Service Request. You must submit Your Service Request for Attended Theft within forty-eight (48) hours of the Attended Theft. When You submit Your Service Request to Us, You will be required to submit a police report and affidavit regarding the Attended Theft. In the event that You are traveling outside of Malaysia when the Attended Theft occurs, You must submit Your Service Request within one hundred and twenty (120) hours of the Attended Theft and submit a copy of Your passport evidencing that You were outside the territory of Malaysia when the Attended Theft occurred or, You must within forty eight (48) hours of arriving back in Malaysia, submit Your Service Request and a copy of Your passport evidencing that You were outside the territory of Malaysia.
For all other Service Requests, You must file Your Service Request within seven (7) days of the Failure. If the Failure is not reported within seven (7) days, Your Service Request will be forfeited and no Replacement Equipment or repair will be available under the Contract. You must provide Us with all of the necessary information required to approve replacement or repair of the Protected Equipment and pay Your applicable Processing Fee within seven (7) days of reporting the Failure. If Your Service Request is approved, We will provide the Replacement Equipment or make the repair available to You within two (2) to seven (7) business days via a designated courier to the address You provide to Us. For all Service Requests other than Attended Theft, You will be required to provide Our designated courier with Your original Protected Equipment prior to receiving Your Replacement Equipment. If You fail to deliver Your original Protected Equipment to Our designated courier, You will not receive Your Replacement Equipment.
If You are enrolled in the Premium Plan, for Service Requests due to Accidental Damage, In-Warranty, or Extended Warranty Failures, we may elect to repair or replace Your Protected Equipment. If You are provided with and elect to repair Your Protected Equipment, You will be directed to Our Authorized Service Facility, or You may elect to have a courier collect Your Protected Equipment and receive a Loaner Phone while Your Protected Equipment is at an Authorized Service Facility. We are not responsible for any loss of data, personal or otherwise, that may occur on Your Protected Device during the repair process. If You elect to receive a Loaner Phone, You will be required to return the Loaner Phone to Us at the time Your repaired Protected Equipment is returned to You. If the Loaner Phone is not returned, returned with damages that were not present when the Loaner Phone was provided to You, or is returned in a non-working or non-functioning state due to software or applications downloaded onto the Loaner Phone by You, You will be charged the full fair market value of the Loaner Phone. Loaner Phones may be a different make, model, and brand of You Protected Equipment and We are not responsible for any loss of data, including personal information, or the disclosure of personal information or otherwise protected information resulting or arising from Your use of the Loaner Phone. If Your Protected Equipment is not repairable, is ineligible for repair, or We determine that a replacement is necessary, We will contact You informing You that Replacement Equipment will be provided to You upon payment of the Service Request Conversion Fee. The Service Request Conversion Fee is the difference between the applicable Repair Process Fee that You paid and the applicable Replacement Processing Fee. If You elect not to pay the Service Request Conversion Fee, the Protected Equipment will either be returned to You if You elected to receive a Loaner Phone or will be made available to You for collection at the Authorized Service Facility, and the Repair Processing Fee will be refunded to You.
Failure on Your part to provide Us the necessary information and pay the Processing Fee within seven (7) days of the date that You report the Failure to Us will result in forfeiture of Your Service Request. WE MAY REQUIRE, AS A CONDITION OF APPROVAL OF YOUR SERVICE REQUEST, THAT YOU PROVIDE PROOF OF PURCHASE FOR THE PROTECTED EQUIPMENT AND/OR YOUR GOVERNMENT-ISSUED PHOTO I.D., A COPY OF YOUR WIRELESS BILL, AND/OR OTHER DOCUMENTATION OR INFORMATION AS REASONABLY NECESSARY TO ESTABLISH YOUR IDENTITY AND RIGHT TO SERVICE. We also retain the right to inspect the Protected Equipment as a condition of approval of Your service request.
Processing Fee. A non-refundable Processing Fee applies to each approved Service Request; except if You are enrolled in the Premium Plan, You may file, and no Processing Fee will apply, up to one Service Request for Screen Damage (with no other defects or evidence of Failure present) during the length of this Contract. The Processing Fees for Service Requests are stated in the table above. You will be informed at the time you submit your Service Request of the applicable Processing Fee. The Processing Fee will be collected from You prior to fulfilling Your approved Service Request. A complete list of Eligible Wireless Devices is available by visiting any MAXIS store or by calling 123 from Your mobile device or 1-800-886-888.
Record Authorization. It is expressly agreed and understood that by accepting this Contract, You understand and authorise Us to access Your account records for Service Request handling and Plan validation purposes.
Service Limits. If You are enrolled in the Basic Plan, the benefit under this Contract for each and every Failure shall not exceed the recommended retail price of the Protected Equipment at the time of the Service Request and is subject to a maximum of two (2) valid Service Requests, of which no more than one (1) Service Request may be due to an Attended Theft Failure and no more than one (1) Service Requests may be due to Accidental Damage Failure, during any consecutive twelve (12) month period, beginning from the date You filed Your first valid Service Request with Us. In the event that You file two (2) valid Service Requests, You will not be eligible to file an additional Service Request for Attended Theft or Accidental Damage until the expiration of the applicable twelve (12) month period. If You are enrolled in the Premium Plan, the benefit under this Contract is subject to a maximum of two (2) valid Service Requests during any twelve (12) month period during the contract period, and a one (1) time free screen damage repair (with no other damage is present) during the contract period. For the Service Requests, no more than one (1) Service Request may be due to an Attended Theft and no more than one (1) Service Request may be due to Accidental Damage (In-Warranty, and/or Extended Warranty Failures) during any consecutive twelve (12) month period, beginning from the date You filed Your first valid Service Request with Us. In the event that You file two (2) valid Service Requests, You will not be entitled to file an additional Service Request for Attended Theft or Accidental Damage until the expiration of the applicable twelve (12) month period. You will continue to receive other Contract benefits provided You continue to be enrolled in the Zerolution 360 Contract.
Return of Replaced Equipment and Additional Fees. Protected Equipment approved for replacement must be returned to Us at Our shipping expense. You will be instructed to provide Your Protected Equipment to Brightstar’s designated courier at the time You receive Your Replacement Equipment. The Protected Equipment We replace becomes property of MAXIS and You hereby assign and transfer to Us all rights and benefits of any manufacturer’s warranty or other ancillary service relating to any Protected Equipment that We replace.
Non-Returned Equipment Courier Fee. If We do not receive Your original Protected Equipment at Our first attempt to deliver Your Replacement Device, and We make a subsequent attempt to deliver Your Replacement Equipment and collect Your original Protected Equipment, You will be charged an additional courier fee of RM50.00 per each additional courier delivery attempt.
Locked Devices. If You file a Service Request, We will ask You at the time You file Your Service Request to disable any locking feature on Your Protected Equipment, such as the “Find myiPhone” or similar locking feature. If You fail to disable the locking feature, We may, in Our sole discretion, decline to approve Your Service Request. YOU MAY AVOID HAVING YOUR SERVICE REQUEST DENIED BY DISABLING THE LOCKING FEATURE ON YOUR PROTECTED EQUIPMENT AT THE TIME YOU FILE YOUR SERVICE REQUEST.
Cancellation. You may only cancel Your enrollment in the Zerolution 360 Device Protection Program in accordance with the Zerolution 360 Contract. If Your enrolment in the Zerolution 360 Program is canceled, Your enrolment in the Zerolution 360 Device Protection Program will also be canceled.
We may terminate the Contract for any reason and at any time by notifying You in writing at least ten (10) days prior to the effective date of cancellation, which notice shall state the effective date and grounds for cancellation in accordance with the Zerolution 360 Contract. We may terminate the Contract immediately if You default on any of Your obligations, including but not limited to, failure to pay Your Monthly Service Fee, commit fraud, or intentionally conceal or misrepresent a material fact concerning Your enrolment, Protected Equipment, or Service Request, and You will not be entitled to any refund of Monthly Service Fees.
If You or We terminate the Contract, We will discontinue all monthly charges for the Plan as of the next billing cycle. You will not receive any refund of Your Monthly Service Fee, but You will remain eligible to file a Service Request for a Failure that occurs prior to the expiration of Your current billing cycle.
Ineligible Enrolment. If We determine that a device other than an Eligible Device has been enrolled in the Plan, We may cancel the Contract by notifying You in writing. Upon the occurrence of an ineligible enrolment, We will provide a refund of all paid Monthly Service Fees, less the value of any replacement received.
We will not pay for any Failure caused directly or indirectly, in whole or in part, by any of the following exclusions. The following events or occurrences are excluded regardless that any other cause or event contributes concurrently or in any sequence to the excluded event or occurrence.
- Governmental Authority. Seizure or destruction of Protected Equipment by order of governmental authority.
- Nuclear Hazard. Nuclear reaction or radiation, or radioactive contamination, howsoever caused.
- War, including:
- Undeclared or civil war;
- Warlike action by military force; or
- Insurrection, rebellion, revolution, usurped power or action taken by the governmental authority in hindering or defending against any of these.
- Undeclared or civil war;
- Terrorism. Any act of Terrorism.
- Obsolescence. Obsolescence or depreciation of the Protected Equipment.
- Recall or Design Defect
- Manufacturer’s recall; or
- Error or omission in design, programming or system configuration.
- Manufacturer’s recall; or
- Cosmetic Damage. Cosmetic damage, howsoever caused, that does not affect the manufacturer’s intended use. This includes but is not limited to:
- Cracking, marring or scratching;
- Change in colour or other change in the exterior finish; and/or
- Expansion or contraction.
- Cracking, marring or scratching;
- Service Request Reporting. A Failure from any cause if the Enrolled Subscriber fails to file a Service Request, or fail to timely file a Service Request, as required by this Contract.
- Programming, Repair work. Programming, cleaning, adjusting, repairing, modifying, installing, servicing, maintaining or performing any other work upon Protected Equipment that is intended to alter, improve, maintain or enhance the performance of the equipment not approved by Us in connection with an approved Service Request.
- Computer Virus. Computer Virus or any other malicious code or similar instruction that:
- disrupts the normal operation of the Protected Equipment; and/or
- results in destruction of or unsuitability of data or programs stored in the Protected Equipment.
- disrupts the normal operation of the Protected Equipment; and/or
- Voluntary Parting. Voluntary parting with Protected Equipment by the Enrolled Subscriber or by any person entrusted with the Protected Equipment, whether or not induced to do so by any fraudulent scheme, trick, device or false pretense.
- Intentional Loss or Damage. Abuse, intentional acts or use of the Protected Equipment in a manner inconsistent with the use for which it was designed, intended or advised by the manufacturer or that would void the manufacturer’s warranty.
- Failure to Mitigate. Failure to do what is reasonably necessary to minimise loss from a Failure and to protect the Protected Equipment from any further Incident.
- Pollution. Involving pollutants.
- Outside of Service Period.
- A Failure that takes place before equipment is Protected Equipment;
- A Failure that takes place in any month for which the Enrolled Subscriber has not paid the required Zerolution 360 Fees; or
- A Failure that takes place after the effective date of cancellation of any enrolment.
- A Failure that takes place before equipment is Protected Equipment;
- Wear and Tear, Prior Damage. Normal wear and tear, gradual deterioration, any latent defect or any condition existing prior to the enrolment date of the Enrolled Subscriber.
- from any unattended premises;
- of Protected Equipment left unattended in a public place or place to which the public had access at the time of theft;
- malicious damage occurring at a primary or secondary school whilst in possession of a child; or
- if the Protected Equipment is stolen from an unattended and unlocked vehicle, soft-top or open sided vehicles including watercraft, aircraft, train, or light rail.
- from any unattended premises;
- Consequential loss or damage. Loss of use, consequential loss, or consequential damages of any kind.
- Fraudulent Service Requests. If the proposal or declaration of the Enrolled Subscriber is untrue in any material aspect or if any Service Requests made by the Enrolled Subscriber is fraudulent or intentionally exaggerated or if any false declaration or statement is made in support thereof, then this Contract shall be void and the We shall not be liable to make any payment hereunder.
Agreement and Notice of Material Change. You agree to all the provisions of the Contract, including but not limited to these Service Program Terms & Conditions, when You order the Plan and/or pay for it. Subject to applicable law, in the event of any material change to the service terms, Monthly Service Fee, and/or Replacement Service Fee, unless such change is more favorable to You, You will be provided thirty (30) days advance notice of such changes. Such notice may be provided by any of the following methods: email, text message, in a separate mailing, or by any other reasonable method, at Our sole discretion. Such notice will set out the effective date of the material change. Your continued use of the Plan and payment of the charges after such notice constitutes Your acceptance of the changes. Your participation in the Plan is optional and You may cancel the Plan at any time. Please refer to the Cancellation section of the Contract.
Handling of Personal Data. You expressly and knowingly consent and agree that We (including any third party vendor, or representative through which we provide services under this Contract) may handle or treat Personal Data (as that term is defined within the Personal Data Protection Act 2010) in accordance with the requirements of the Personal Data Protection Act 2010. You further acknowledge and consent that, in providing the services hereunder, We or Our agents may move, share and/or store Your Personal Data subject to the requirements of the Personal Data Protection Act 2010 within the Country of Malaysia and outside the Country of Malaysia.
Electronic Delivery. You expressly and knowingly agree and consent to permit Us (including any third party vendor, or representative through which we provide services under this Contract) to make disclosures and provide notices to You in electronic form, including but not limited to email and text messaging, instead of providing such notices and disclosures in hardcopy by post mail. Your consent and agreement shall relate to all forms, disclosures, and notices required under applicable law and shall remain valid until such time as You may exercise Your right to revoke this consent by notifying MAXIS.
Prohibitions on Transfer and Abuse of the Plan. The Plan is for Your use only. It is not transferable by You to any other person, and may not be assigned by You. Wireless devices owned or leased by anyone other than You may not be made Protected Equipment. Any abuse of the Plan by You, including but not limited to seeking replacement of a wireless device not belonging to You, may result in termination of the Plan upon notice.
Concealment, Misrepresentation of Fraud. The protection provided by this Contract is void with respect to any Enrolled Subscriber who commits fraud or intentionally conceals or misrepresents a material fact concerning, this Contract, the Protected Equipment, the Enrolled Subscriber’s interest in the Protected Equipment, or a service requested under this Plan.
Force Majeure. We have no responsibility for delays or failures due to acts of God, fire, flood, explosion, war, revolution, acts of public enemy or terrorist, labour difficulties, including without limitation strikes, slowdowns, picketing or boycotts, civil commotion, embargo, acts of government, military authority, or the elements, or other causes beyond Our reasonable control, and in such event, We may cancel the Contract and the Plan immediately.
Legal Action Against Us. No one may bring legal action against Us under this Contract unless and until there has been full compliance with all terms of this Contract.
Limits of Liability. In the event of any error, omission or failure by Us or Our agents, vendors, representatives or service providers with respect to the Plan or the services provided by Us or Our agents, vendors, representatives or service providers hereunder, OUR RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS, VENDORS, REPRESENTATIVES AND SERVICE PROVIDERS SHALL BE LIMITED TO THE CHARGES ACTUALLY PAID BY YOU FOR THE PLAN (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE PLAN). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’, VENDORS’, REPRESENTATIVES’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS, VENDORS, REPRESENTATIVES OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS, VENDORS, REPRESENTATIVES OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE PLAN OR OUR AGENTS’, VENDORS’, REPRESENTATIVES’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE PLAN, OR UNDER ANY PROVISION OF THE CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE CONTRACT OR REQUIRED BY LAW, WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, REGARDING THE PLAN AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS, VENDORS, REPRESENTATIVES OR SERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.