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Your Canopy Protection Plan
TERMS AND CONDITIONS
This is a legal contract (referred to hereinafter as the
Plan). By purchasing it, you understand that it is such a
contract and acknowledge that you have had the
opportunity to read the terms and conditions set forth
herein.
Obligors: The companies obligated under this Plan are as
follows: In all provinces except British Columbia, the
obligor is Asurion Consumer Solutions of Canada, Corp.,
whose address is 900-1959 Upper Water Street, Halifax
NS B3J 3N2 Canada, telephone 866-856-3882. In British
Columbia, the obligor is Virginia Surety Company, Inc., 34
King Street East, Suite 1200, Toronto, ON, Canada M5C
2X8.
Definitions: (1) we, us and our: refers to the product, including taxes, as indicated on your sales receipt.
company obligated under this Plan, as indicated in the
Obligor section above; (2) administrator or
Asurion: refers to Asurion Consumer Solutions of
Canada, Corporation, P.O. Box 1340 Sterling, VA 20167-
USA; (3) breakdown: refers to the mechanical or
electrical failure of the product caused by: a) defects in
materials/and or workmanship, b) normal wear and tear,
c) dust, heat, or humidity and d) power surges; (4)
product: refers to the consumer item(s) which you
purchased concurrently with and is covered by this
Plan; (5) you , your and service contract holder:
refers to the individual who purchased the product and
this Plan, or the approved Transferee; (6) retailer: refers
to the retailer from which you purchased the product and
this Plan.
Instructions: You must keep this Plan and the sales receipt
for the product; they are integral parts of this Plan and you
may be required to produce them to obtain service. This
Plan, including the terms, conditions, limitations,
exceptions and exclusions, and the sales receipt
constitute the entire agreement. Your rights under this
Plan may vary from province to province.
To Obtain Service: If your product fails call Asurion
between the hours or 8:00a ET 11:30p ET, seven (7)
days a week, at 1-888-531-1248 for instructions on
obtaining repair, replacement or reimbursement for your
product. Please have your Plan handy and be prepared to
tell us which product needs service and the nature of the
problem. You must call Asurion prior to having your
product repaired; all repairs must be authorised in
advance. Unauthorised repairs may not be covered.
convenience.
What is Covered:
Service and Replacement Plans for Non-Portable Products:
This plan covers the parts and labor costs to service
or replace your product resulting from a breakdown
which is not covered under any other insurance policy or
other warranty or service contract. If in-home service is
provided for the full term of your manufacturers
warranty, it will be provided under this plan. If in- home
service is not provided for the full term of your
manufacturers warranty, Asurion will be responsible for
delivery or the cost of delivery of the product to an
authorised service center for repair or replacement, per our
instructions. If we determine that we cannot service your
product as specified in this plan, we may replace it with a
replacement product or we may at our discretion issue you
a gift card or cheque for the original purchase price of the
Non-original manufacturers parts or refurbished parts or
products may be used for repair of the product if the
manufacturers parts or products are unavailable.
For digital camera, camcorder, MP3 player and tablet
Plans, this Plan includes the following enhanced coverage
from the date of purchase:
Battery Replacement: This Plan will provide for the one-
time replacement of an imbedded or rechargeable
battery found in the following Products: digital
cameras, camcorders, MP3 players and tablets. The
battery will qualify for replacement only if it fails to
accept or hold a charge. NOTE: Disposable batteries
(AA, AAA, C, LR44, DL123A, etc) do not qualify for this
coverage.
Term of Coverage:
For Service and Replacement Plans for Non-Portable
Products: The term of your plan commences upon
your date of purchase and continues for the period
indicated on your sales receipt. Except for power surge
and battery replacement for cameras and camcorders
and food loss for refrigerators and freezers which
begins on the date you purchase your covered
product; all other coverage begins upon expiration of
the manufacturers warranty. This plan is inclusive of
the manufacturers warranty; it does not replace the
manufacturers warranty, but provides certain
additional benefits during the term of the
manufacturers warranty. After the manufacturers
warranty expires, the plan continues to provide some of
the manufacturers benefits as well as certain
additional benefits listed within the plans terms and
conditions. In the event that we provide you with a
replacement product, or a cheque or gift card for the
original purchase price of your product, including
sales tax, as indicated on your sales receipt, we shall
have satisfied all of our obligations under this plan.
The term of this plan will be extended an additional
two (2) weeks to accommodate for the delivery of your
product.
Limit of Liability: For any single claim, the limit of liability
under this Plan is the least of the cost of (1) authorised
repairs, (2) replacement with a product of like kind and
quality that performs to the factory specifications of the
original product, (3) reimbursement for authorised repairs or
replacement of your product, or (4) the price that you paid
for the product. The total liability under this Plan is the
purchase price you paid for the product, including sales
tax, as indicated on your sales receipt. In the event that
we replace the product or reimburse you for the
purchase price you paid for the product, we shall have
satisfied all obligations owed under this Plan and this Plan
will end.
No Lemon Policy: During the term of this Plan, after three
(3) service repairs have been completed on an
individual product for the same defect, and that product
requires a fourth (4th) repair, as determined by us, we will
replace it with a replacement product or reimburse you the
original purchase price, including sales taxes.
Deductible: There is no deductible required to obtain
service for your covered product.
Replacement Products: We may replace your
Product with a NEW, REMANUFACTURED, REFURBISHED
OR A PRODUCT OF LIKE KIND AND QUALITY THAT
PERFORMS TO THE FACTORY SPECIFICATIONS OF THE
ORIGINAL PRODUCT.
WHAT IS NOT COVERED: (1) INCIDENTAL OR
CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED
TO ANY DELAY IN RENDERING SERVICE UNDER THIS PLAN OR
FOR LOSS OF USE DURING THE PERIOD THAT THE
PRODUCT IS AT AN AUTHORISED SERVICE CENTER OR
OTHERWISE AWAITING PARTS; (2) ANY AND ALL
PREEXISTING CONDITIONS THAT OCCUR PRIOR TO THE
EFFECTIVE DATE OF THIS PLAN; (3) DAMAGE FROM
ACCIDENT, ABUSE, MISUSE, INTRODUCTION OF FOREIGN
OBJECTS INTO THE PRODUCT, UNAUTHORISED PRODUCT
MODIFICATIONS OR ALTERATIONS; (4) FAILURE TO FOLLOW
THE MANUFACTURERS INSTRUCTIONS;
(5) THIRD-PARTY ACTIONS (FIRE, COLLISION, VANDALISM,
THEFT, ETC.); (6) THE ELEMENTS OR ACTS OF GOD; (7)
WAR, INVASION OR ACT OF FOREIGN ENEMY,
HOSTILITIES, CIVIL WAR, REBELLION, RIOT, STRIKE,
LABOR DISTURBANCE, LOCKOUT OR CIVIL COMMOTION;
(8) ACCESSORIES AND SUPPLIES, INCLUDING: BATTERIES
(EXCEPT ORIGINAL BATTERY REPLACEMENT FOR
CAMERAS AND CAMCORDERS), ANTENNAS, CARTRIDGES,
STYLUSES, RECORDS, AUDIO/VIDEO DISKS, TAPES,
COMPUTER SOFTWARE OR DISKS, PRINT ELEMENTS,
EXTERNAL POWER SUPPLIES, BULBS, SPARK PLUGS OR
FILTERS; (9) DAMAGE WHICH IS NOT REPORTED WITHIN
THIRTY (30) DAYS AFTER EXPIRATION OF THIS PLAN; (10)
PHYSICAL OR LIGHTNING DAMAGE TO A SATELLITE DISH
(NOT THE RECEIVER);
(11) PRODUCTS USED IN COMMERCIAL SETTING OR RENTAL
BASIS; (12) DAMAGE CAUSED BY DEFECTIVE BATTERIES OR
REPLACEMENT OF DEFECTIVE BATTERIES (EXCEPT ORIGINAL
BATTERY REPLACEMENT FOR CAMERAS AND
CAMCORDERS);
(13) DAMAGE COVERED BY ANY OTHER WARRANTY OR
SERVICE CONTRACT; (14) COST OF INSTALLATION,
REMOVAL OR REINSTALLATION OF THE PRODUCT; (15)
EXCEPT FOR ONE (1) ANNUAL HEAD CLEANING AND OR
ONE (1) ADJUSTMENT FOR LASER-DRIVEN PRODUCTS,
PERIODIC CHECKUPS AND/OR MAINTENANCE AS DIRECTED
BY THE MANUFACTURER; (16) ANY LOSS OTHER THAN A
COVERED BREAKDOWN OF THE PRODUCT; (17) PRODUCTS
NOT ORIGINALLY COVERED BY A MANUFACTURERS
WARRANTY; (18) NON-FUNCTIONAL OR AESTHETIC PARTS
INCLUDING BUT NOT LIMITED TO PLASTIC PARTS OR
KNOBS; (19) SCRATCHES, PEELING AND DENTS; (20)
UNAUTHORISED REPAIRS AND/OR PARTS; (21) PARTS
FAILURE DUE TO A MANUFACTURER RECALL; (22) EXCEPT
FOR REMOTE CONTROLS, ACCESSORIES USED IN
CONJUNCTION WITH A COVERED PRODUCT;
(23) DAMAGE, WARPING, OR RUSTING OF ANY KIND TO THE
HOUSING, CASE OR FRAME OF THE PRODUCT OR ANY NON-
OPERATING PART; (24) LOSS OR DAMAGE RESULTING FROM
THE FAILURE TO PROVIDE MANUFACTURERS
RECOMMENDED MAINTENANCE OR TO MAINTAIN THE
INTEGRITY OF THE PRODUCT; (25) PRODUCTS WITH
REMOVED OR ALTERED SERIAL NUMBERS; (26) PRODUCTS
SOLD SECOND HAND OR AS-IS INCLUDING BUT NOT
LIMITED TO FLOOR MODELS AND DEMONSTRATION
MODELS; (27) IMPROPER INSTALLATION OF COMPONENTS
OR PERIPHERALS; (28) BURNED-IN PHOSPHOR IN
CATHODE RAY TUBES OR ANY OTHER TYPE OF DISPLAY
(INCLUDING IMAGE GHOSTING) AND/OR PIXEL BURNOUT
NOT IN ACCORDANCE WITH THE MANUFACTURERS
SPECIFICATIONS; (29) ANY DAMAGE CAUSED BY A
COMPUTER VIRUS; (30) ANY DAMAGE TO RECORDING
MEDIA INCLUDING ANY SOFTWARE PROGRAMS, DATA, OR
CONFIGURATION/ SETUP INFORMATION RESIDENT ON
ANY MASS STORAGE DEVICES SUCH AS HARD DRIVES,
CD-ROM DRIVES, DVD DRIVES, FLOPPY DISKETTES, TAPE
DRIVES OR TAPE BACKUP SYSTEMS, AS A RESULT OF THE
MALFUNCTIONING OR DAMAGE OF AN OPERATING OR
NON-OPERATING PART, OR AS A RESULT OF ANY REPAIRS
OR REPLACEMENT UNDER THIS PLAN; (31) ALL SOFTWARE,
INCLUDING CUSTOMIZED OR PROPRIETARY SOFTWARE,
AND THOSE SOFTWARE ERRORS THAT CONFIRM
IMPROPERLY FUNCTIONING OR DEFECTIVE SOFTWARE;
(32) LOSS OR CORRUPTION OF DATA AND/OR THE
RESTORATION OF SOFTWARE AND OPERATING SYSTEMS;
(33) ACCESSORIES OR OPTIONAL SPEAKERS FOR PLASMA
TELEVISIONS; (34) PLASMA TELEVISIONS USED IN ALTITUDE
LEVELS ABOVE 6000 FEET ABOVE SEA LEVEL; AND (35)
SERVICE OR REPLACEMENT WHICH OCCURS OUTSIDE OF
CANADA.
Transfer: This Plan may be transferred to a new owner. You
may transfer this Plan by contacting Asurion at 1-888-531-
1248 or P.O. Box 1340, Sterling, VA 20167, USA.
Information provided by you must include the Plan number,
date of transfer, new owners name, complete address and
telephone number.
Renewal: Service Plans are renewable, at our discretion.
Replacement Plans are not renewable.
Cancellation: You may cancel this Plan within thirty (30)
days following the purchase of your Plan, in which case
you will receive a full refund. To cancel your Plan, please
contact Asurion at P.O. Box 1818, Sterling, VA 20167, USA,
Attn: Correspondence Department, 1-888-531-1248. You
will not receive a refund if you cancel the Plan more than
thirty (30) days after the purchase date or if we have paid
you for a loss within the cancellation period. We may not
cancel this Plan except for fraud, material
misrepresentation or non-payment by you; or if required
to do so by a regulatory authority. Notice of such
cancellation by us will be in writing and given at least thirty
(30) days prior to cancellation. If we cancel, the return
premium is based upon one-hundred percent (100%) of the
unearned pro-rata premium.
Insurance: This is not a Plan of insurance, other than in
the province of British Columbia. The Plan constitutes the
entire agreement between the parties, and no
representation, promise or condition not contained herein
shall modify its terms. Except in British Columbia,
Obligations of the Obligor under this Plan are insured
under a contractual liability insurance policy issued by
Virginia Surety Company, Inc.
Personal Information: You agree that Asurion, the Obligor,
and the retailer may collect, use and disclose the personal
information you provide in the purchase of your product, ,
for the purpose of providing the services to you in
connection with this Plans terms and conditions, and for
related Plan administration purposes (collectively the
Purposes). Your personal information will be kept in a
file at the offices of Asurion (located in the USA at the
address and telephone number listed above), the Obligor
and/or the retailer, or replacement or claims fulfillment
locations for the foregoing, which files will be accessible
only by administrative personnel and other employees,
contractors, or agents of Asurion, Obligor and retailer
who have a need to access your information to fulfill the
Purposes. You also consent to the sharing or transferring
of your personal information by Asurion, Obligor or retailer
among themselves and to third-party service providers who
may process your personal information on their behalf for
the same Purposes, and to other organizations where
required or permitted by law. You consent to the
disclosure, transfer, processing, and storage of your
personal information in jurisdictions outside of Canada,
including in the USA, and acknowledge that your
information may be accessible to government authorities
under lawful orders made in such jurisdictions. Your
personal information may also be transferred to a third
party or parties in the event (a) that Asurion, the Obligor
or the retailer sells, transfers or assigns its assets or
operations to such third party or parties, and (b) in
connection with due diligence for, and completion of,
any such transaction or any financing transaction involving
such assets or operations. The collection, handling and use
of your personal information will also be subject to the
applicable privacy policies of Asurion, the Obligor and the
retailer. You acknowledge that you have the right, upon
written request to Asurion, Obligor or retailer, to access
your personal information in your file held by it and to rectify
any personal information in such file that is inaccurate,
incomplete or out-of-date. If you wish to opt out of the Plan
and withdraw your personal information from this
program, or revise your personal information at any time,
or if you would like further information on the privacy
policies of Asurion, Obligor or retailer, please contact
Asurion at 1-888-531-1248 or if unable to connect from
your calling area, please contact Asurion directly by writing
to them at Asurion Consumer Solutions of Canada,
Corporation, P.O. Box 1340 Sterling, VA 20167, USA 1-
888-531- 1248, or the retailer at Amazon Services LLC, P.O.
Box 81226, Seattle, WA 98108- 1226. If this Plan was
purchased at a retail location, you may also contact the
retailer to withdrawal your personal information. If you
choose to withdraw your personal information from the
program, but wish to request benefits at a later date, you
will need to resubmit your personal information.
LANGUAGE: The parties acknowledge that it is at their
express request that this Plan and all correspondence and
notices relating thereto be drawn up in English. Les parties
reconnaissent quelles ont expressment demand que la
prsente entente ainsi que toute correspondance ou avis y
affrent soit rdig en langue anglaise. In Quebec, a French
version of this Plan is available upon request.
CURRENCY: All references to currency or dollar
amounts in this Plan are to the lawful currency of
Canada.
PROVINCE VARIATIONS
The following provisions apply with respect to the
provinces referenced below, and if inconsistent with
any other provisions of this Plan the provision which is
most favourable to you will apply:
In British Columbia the following cancellation rights
also apply: Disclosure Notice Under the British
Columbia Financial Institutions Act. The British
Columbia Financial Institutions Act requires that the
information contained in this Disclosure Notice be
provided to a customer at the time of providing this
Plan.
This Plan is between You, Asurion and Virginia Surety
Company, Inc.
In arranging this Plan (which is described above in
this document), retailer, by whom the sales
associate is employed, is representing Virginia
Surety Company, Inc.
Upon completion of this transaction, retailer will be
remunerated by way of a fee paid out of the
purchase price for this Plan.
In Ontario, the following cancellation rights also apply:
BUYERS RIGHT TO CANCEL.
You may cancel this Plan from the day you enter the Plan
until thirty (30) days after you receive a copy of this
Plan. You do not need a reason to cancel during this 30-
day period. If you do not receive the goods or services
within thirty (30) days of the date stated in the Plan,
you may cancel this Plan at any time before you
receive the goods or services. You lose that right if you
agree to accept delivery after the 30-day period. There
are other grounds for extended cancellation. You may
have other rights, duties and remedies at law. For more
information, you may contact the Ministry of
Consumer and Business Services. To cancel, you must
give notice of cancellation at the address of Asurion at
P.O. Box 1818, Sterling, VA 20167, USA, Attn:
Correspondence Department. You must give notice of
cancellation by a method that will allow you to prove
that you gave notice, including registered mail, fax, or
by personal delivery. If you cancel this Plan, Asurion
has fifteen (15) days to refund your money. However, if
you cancel this Plan within thirty (30) days and you have
received a benefit under this Plan, then we are entitled
to deduct the amount of that benefit from the refund of
the amount (excluding any sales tax on the covered
product) you paid for this Plan. If you cancel this Plan
within thirty
(30) days and have received a replacement from us for
the covered product, then no refund payment is due.
TO OBTAIN A LARGE-TYPE COPY OF THE TERMS AND
CONDITIONS OF THIS PLAN, PLEASE CALL 1-888-531-
1248.
Administer
ed by:
Asurion
P.O. Box 1340,
Sterling, VA 20167 1-
888-531-1248
2015 Asurion, LLC. All rights reserved.
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