Maxis SafeDevice Protection Service Programme - Terms and Conditions

Version [11 February 2020]

These terms and conditions form part of the Registration Form at the time you applied for Maxis SafeDevice Protection Service Programme. Maxis SafeDevice Protection Service Programme includes Standalone SafeDevice, Zerolution SafeDevice and Zerolution360 SafeDevice (collectively “SafeDevice Programme”). The Safe Device Programme is serviced and administered by Brightstar Distribution Sdn Bhd ("Brightstar") with Lonpac Insurance Bhd (“Lonpac”). By enrolling a mobile phone in the SafeDevice Progamme, you agree that Brightstar will receive information about your device, contact number and your address.

For claims and enquiries about the SafeDevice Programme, please contact Brightstar at 1800-88-6888.

If you have subscribed to any one of the SafeDevice Programme during promotional period from 26 June 2018 until 31 March 2020, you will receive a rebate for Monthly Service Fee for the first three (3) months. The rebate will be shown in your monthly bill. After the first three (3) months of the SafeDevice Programme, you will be charged the Monthly Service Fee based on the recommended retail price (RRP) of the mobile device and subject to this terms and conditions.

For the avoidance of doubt, in respect of Replacement Service Fee, you will still be liable to pay the Replacement Service Fee during the promotional period of 26 June 2018 until 31 March 2020, which is subject to these terms and conditions as described below.

All Monthly Service Fee and Replacement Service Fees are subject to applicable tax.

Maxis reserves the right to suspend or discontinue the SafeDevice Programme or any part thereof or modify the Programme at any time at its sole discretion.

Capitalised terms used in these terms and conditions not specifically defined herein shall have the same meaning as given to them in the postpaid General Terms and Conditions. References to "you" are references to you, the Customer, and references to "we", "us" and "our" are references to Maxis.

If you have previously signed up for Maxis SafeDevice plan for your device before 28 October 2017, please find your terms and conditions here.

Standalone SafeDevice Monthly Service and Replacement Service Fee
 
Eligible Device Tier (Unsubsidized retail value at the time of purchase) Standalone SafeDevice Monthly Service Fee Replacement Service Fee for Accidental Damage or Failure* Replacement Service Fee for Attended Theft Failure*
RM 0.00 to RM 500.99 RM 6 RM 45 RM 90
RM 501.00 to RM 1,000.99 RM 12 RM 110 RM 200
RM 1,001.00 to RM 2,000.99 RM 24 RM 200 RM 480
RM 2,001.00 to RM 3,000.99 RM 33 RM 320 RM 650
RM 3,001.00 to RM 4,000.99 RM 33 RM 450 RM 800
RM 4,001.00 to RM 4,800.00 RM 33 RM 525 RM 1,200
RM 4,801.00 to RM 6,000.00 RM 43 RM 900 RM 1,900
RM 6,000.01 to RM 7,100.99 RM 52 RM 1,200 RM 2,300
 
Zerolution & Zerolution360 SafeDevice Montly Service and Replacement Service Fee
 
Eligible Device Tier (Unsubsidized retail value at the time of purchase) Zerolution & Zerolution360 SafeDevice Monthly Service Fee Replacement Service Fee for Accidental Damage or Failure* Replacement Service Fee for Attended Theft Failure*
RM 1,001.00 to RM 2,000.99 RM 24 RM 200 RM 480
RM 2,001.00 to RM 3,000.99 RM 33 RM 320 RM 650
RM 3,001.00 to RM 4,000.99 RM 33 RM 450 RM 800
RM 4,001.00 to RM 4,800.00 RM 33 RM 525 RM 1,200
RM 4,801.00 to RM 6,000.00 RM 43 RM 900 RM 1,900
RM 6,000.01 to RM 7,100.99 RM 52 RM 1,200 RM 2,300

1. Definitions.

"Maxis" means Maxis Broadband Sdn. Bhd.

"Protected Equipment" means one Eligible Device owned or leased by you or one Replacement Equipment provided by us to you under the SafeDevice Programme. 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’s records and have logged airtime after being enrolled in the SafeDevice Programme. 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 from us. If there is a difference in Eligible Device tier, additional fees may apply.

"Eligible Device means the wireless mobile device that we have designated as eligible for protection under the SafeDevice Programme as set forth in the list of Eligible Devices and device tier available from us from time to time, which can be found in Maxis stores or by calling 123 or 1-800-886-888.

"Failure" means the occurrence of Attended Theft and/or Accidental Damage, during the time the SafeDevice Programme is in effect. If Attended Theft occurs, you will also receive protection for unauthorized call charges and overseas temporary rental costs in accordance with Section 2 of this Agreement.

"Replacement Equipment" means a wireless mobile device (whether new or refurbished) 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 Brightstar will 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 or acknowledged receipt by you.

"Effective Date" means the date you enrolled your Eligible Device in the SafeDevice Programme. If you enroll your Eligible Device into the SafeDevice Programme within 10 days from the date of purchase of your Eligible Device, the benefits begin immediately. If you choose to enroll into the SafeDevice Programme after the 10 days from the date of purchase of the Eligible Device, we reserve our right to inspect your Eligible Device prior to agree to enrolment or to deny enrolment if it is found to be ineligible, as determined by us in our sole discretion.

"The "Plan" or "Programme" means the SafeDevice Programme in which you have enrolled in which you are eligible for repair or replacement service if the Protected Equipment experiences a Failure.

"Authorised Service Facility" means the location or locations that serve as a repair or replacement facility for the Programme and supply replacements for Protected Equipment.

"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.

"Enrolled Subscriber" means a customer of Maxis who has accepted the device protection 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.

"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 organization(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.

"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.

"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, including glass breakage (back and front of the LED screen), physical loss, damage, or destruction caused by an Accident.

"Accident" means a known and identifiable but unintended, sudden and unforeseen event.

"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 authorized person, with the intention of permanently depriving the Enrolled Subscriber of that equipment.

"Replacement Service Fee" means the amount the Enrolled Subscriber pays towards his or her service request.

"Personal Data Protection Act 2010" means the Personal Data Protection Act of 2010, as amended.

"Service Request" means the request for service that you file with us when your Eligible Device suffers a Failure.

2. Protection.

We will cause Brightstar to replace the Protected Equipment that has incurred a Failure from the causes shown below and reported to Maxis during the month for which the Enrolled Subscriber has paid the required Monthly Service Fee.

  1. Accidental Damage: replacement Service Request arising out of Accidental Damage to Protected Equipment due to external causes such as phone drops, screen cracks and damage mishaps.
  2. Attended Theft: replacement Service Request arising out of any loss of Protected Equipment due to Attended Theft. In addition, if Attended Theft occurs and your Service Request is approved, we will cause Brightstar to reimburse you as follows if any of the following occur in connection with the approved Service Request for Attended Theft:
    1. Unauthorized Calls: 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.
    2. Overseas Temporary Rental Cost: 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 Malaysia.

3. Standalone SafeDevice, Zerolution SafeDevice and Zerolution360 SafeDevice.

These Terms & Conditions of the SafeDevice Programme together with your monthly bill for this Programme (the “Monthly Service Fee”), confirmation of enrollment either by email or text message, applicable payment provisions under your Maxis postpaid account or wireless service agreement, and applicable written communications from us to you collectively comprise our contract (the "Contract"). You should keep these Terms & Conditions and all of the other documents that comprise the Contract for your reference. If any portion of the Contract is deemed invalid or unenforceable, it shall not invalidate the remaining portion of the Contract. You expressly acknowledge that the SafeDevice Programme is serviced and administered by Brightstar. Maxis, Brightstar, and Lonpac exclude any liability related to it and is not responsible for any loss, damage, liability or expenses arising from any claims, including those not specifically mentioned herein, including but not limited to invasion of privacy, infringement of intellectual property rights or breach of any law or regulation arising from the use of the SafeDevice Programme, whether by the you or any other person.

This Contract is purchased in and governed by the laws of Malaysia.

Service Contract Not Insurance Policy. This contract is not an insurance policy and provides no insurance coverage or insurance benefits to you.

4. What is Protected.

If the Protected Equipment suffers a Failure during the time the Contract is in effect, we will cause Brighstar to replace the Protected Equipment upon payment by you of the applicable Replacement Service Fee. If Brighstar replaces 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. If 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 Brightstar replaces your Protected Equipment under the Programme, they reserve the right to take possession and ownership of your defective Protected Equipment. You hereby assign and transfer to Brightstar all rights and benefits of any manufacturer’s warranty or other ancillary service relating to any replaced Protected Equipment.

5. Manufacturer’s Warranty.

The SafeDevice Programme complements and may overlap with the manufacturer’s warranty, which is typically valid for one year from the purchase date of your new mobile device. Some devices may have a longer or shorter manufacturer’s warranty. Please refer to the manufacturer’s warranty provided with your wireless mobile device or through the manufacturer’s website to understand what protection is offered and the duration of the manufacturer’s warranty.

6. Contract Service Period.

Benefits under the SafeDevice Program begin on the Effective Date and continue from month to month unless terminated by you or by Maxis in accordance with Cancellation provision herein. We will discontinue the Monthly Service Fee for the SafeDevice Programme at such time and in accordance with the Cancellation provision below.

7. Charges.

You agree to pay your Monthly Service Fee for each month on the same terms and conditions as set forth under this Contract. You also agree to pay the monthly Safe Device subscription regardless of barring or suspension of your account, until you perform a cancellation of the subscription. Applicable Replacement Service Fees, shipping and restocking charges, taxes, and regulatory surcharges and assessments, if any, may be added to your bill or, at our sole discretion, collected from you prior to providing Replacement Equipment.

8. Service Request.

In the event of any Failure of Protected Equipment, you may file a Service Request with Brightstar by calling 1-800-886-888. If the 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 before submitting the Service Request. You must submit your Service Request and a police report and an affidavit (if required) for Attended Theft to Brightstar within 48 hours of the Attended Theft. If 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 Request, you must file your Service Request within seven (7) days of the Failure with Brightstar by calling 1-800-886-888. If the Failure is not reported within seven (7) days, your Service Request will be forfeited and no Replacement Equipment will be available under the Contract. You must provide us with all necessary information required to approve replacement of the Protected Equipment and pay your Replacement Service Fee within seven (7) days of reporting the Failure. If your Service Request is approved, Brightstar will provide the Replacement Equipment within two (2) to seven (7) business days via a designated courier to the address you provide to Brightstar at the date and time you provide to Brightstar. For all Service Request other than Attended Theft, you will be required to provide our designated courier with your original Protected Equipment to the designated courier 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.

Failure on your part to provide us the necessary information and pay the Replacement Service 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 ID., 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.

9. Replacement Service Fee.

A non-refundable Replacement Service Fee applies to each approved Service Request. The Replacement Fees for Service Request for each Failure resulting from Accidental Damage or Attended Theft are stated in the table above. You will be informed at the time you submit your Service Request of the applicable Replacement Service Fee. The Replacement Service Fee will be collected from you by Brightstar prior to providing Replacement Equipment. 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.

10. Record Authorization.

It is expressly agreed and understood that by accepting these terms and conditions, you understand, agree and authorise us to access your account records for Service Request handling and product and service validation purposes.

11. Service Limits.

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 Request 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. If 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 said applicable twelve (12) month period. 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 which Brightstar replaces becomes property of Brightstar and you hereby assign and transfer to Brighststar all rights and benefits of any manufacturer’s warranty or other ancillary service relating to any Protected Equipment upon your receipt of the Replacement Equipment.

12. Non-Returned Equipment Courier Fee.

If Brightstar does not receive your original Protected Equipment at the first attempt to deliver your Replacement Device, and makes 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.

13. Restriction.

You may only subscribe to one (1) SafeDevice Protection at a time under the same mobile number (MSISDN). Should you have purchased a new mobile device with Maxis, the subscription for the old mobile device under the same mobile number (MSISDN) will be automatically terminated.

14. Locked Devices.

If you file a Service Request, Brightstar will ask you at the time you file your Service Request to disable any locking feature on your Protected Equipment, such as the “Find my iPhone” 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.

15. Cancellation.

You may terminate the Contract at any time for any reason by calling us at 123 from your mobile device or visiting any Maxis store location to request cancellation. You will not be entitled to any Monthly Service Fee refund if you file a Service Request but refuse to accept the Replacement Equipment. We may, at our sole discretion cancel your enrolment in the Programme if you fail to pay the Monthly Service Fee. If we cancel your enrolment, you will not be entitled to any Monthly Service Fee refund.

We may terminate the Contract for any reason and at any time by notifying you, and we shall state the effective date and grounds for cancellation. 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 are enrolled in the Zerolution SafeDevice Plan, and your enrolment in the Zerolution Program is canceled, your enrolment in the Zerolution SafeDevice Plan will also be canceled, unless you elect to continue in the Program pursuant to the Standalone SafeDevice Plan. If you are enrolled in Zerolution360 SafeDevice Plan, and your enrolment in the Zerolution360 Program is canceled, your enrolment in the Zerolution360 SafeDevice Plan will also be canceled and you will not be able to continue in the Program pursuant to the Standalone SafeDevice Plan. 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 next billing cycle.

16. 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.

17. Exclusions.

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.

  1. Governmental Authority. Seizure or destruction of Protected Equipment by order of governmental authority.
  2. Nuclear Hazard. Nuclear reaction or radiation, or radioactive contamination, howsoever caused.
    • War, including
    • Undeclared or civil war;
    • Warlike action by military force; or
  3. Insurrection, rebellion, revolution, usurped power or action taken by the governmental authority in hindering or defending against any of these.
  4. Terrorism. Any act of Terrorism.
  5. Obsolescence. Obsolescence or depreciation of the Protected Equipment.
  6. Recall or Design Defect
    • Manufacturer’s recall; or
    • Error or omission in design, programming or system configuration.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. Pollution. Involving pollutants.
  15. 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 Monthly Service Fee; or
    • A Failure that takes place after the effective date of cancellation of any enrolment.
  16. 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.
  17. Theft:
    • 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.
  18. Consequential loss or damage. Loss of use, consequential loss, or consequential damages of any kind.
  19. 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

18. 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.

19. 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 your 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 Brightstar may process, move, share and/or store your Personal Data subject to the requirements of the Personal Data Protection Act 2010 within and outside the Country of Malaysia.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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 SafeDevice Programme 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 SafeDevice Programme (but no more than the last twenty-four (24) monthly charges you paid for the SafeDevice Programme). 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 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.