GoCare® Protection Membership Agreement

Service Contract Seller and Administrator: GoCare Warranty Group, Inc.
3240 N. Colorado Street, Suite 101
Chandler, AZ 85225
Contact Number: 1-855-462-2731

Obligor: GoCare Warranty Group, Inc.
3240 N. Colorado Street, Suite 101
Chandler, AZ 85225

In Oklahoma and Florida:
Lyndon Southern Insurance Company
10151 Deerwood Park Blvd., Bldg 100, Suite 300
Jacksonville, FL 32256

Insurer:
Lyndon Southern Insurance Company
10151 Deerwood Park Blvd., Bldg 100, Suite 300
Jacksonville, FL 32256

In California:
Dealers Assurance Co.
3518 Riverside Drive
P. O. Box 21185
Upper Arlington, OH 43221

This document constitutes a membership agreement, backed by an insurance company. This agreement is between You and GoCare Warranty Group, Inc. and both parties are obligated to adhere to its terms. Your coverage is governed by the following terms and conditions of this membership agreement as stated below.

DEFINITIONS:

  • “Administrator” means GoCare Warranty Group or GoCare, appointed to administer this membership agreement.
  • “Obligor” means the company obligated under this plan.
  • “We”, “Us” and “Our” shall mean the Obligor.
  • “You” and “Your” means the customer.
  • “Service Facility,” means the location or locations that are registered and serve as a repair facility for the Administrator.
  • "Covered Product” or “Covered Device” as used in this Agreement, means any device(s) that are listed on the policy receipt as having active coverage.
  • “Customer” means the person or entity that the Administrator has on file as being the owner of coverage.
  • “Failure” means Mechanical or Electrical Failure of Covered Product with the inability to operate due to a faulty part or workmanship when operated according to the manufacturer’s instructions.
  • “Loss” an incident that results in the loss of usage of Your device.
  • “Normal Use” means using your device in a manner that is proper, careful, protective and in accordance with any equipment usage guidelines provided by the manufacturer.
  • "Accident" means damage affecting the normal operation of your device due to an incident that is considered accidental in nature.
  • “Abuse” means to use wrongfully, to misuse or neglect the device, whether done by the customer or by another member of the household or by someone else who is allowed to handle or use the device.
  • “Membership Agreement” or Agreement or Service Contract or Plan means the terms and conditions to which you agree at the time you purchase coverage. This also includes any special terms set forth in Your purchase receipt.
  • "Retail Value" means the amount needed to purchase a replacement comparable to the insured device.
  • "Purchase Price" means the price you pay for coverage, which is indicated on the receipt provided to you at the time you purchase your plan.
  • "Re-certified Devices" or “Re-furbished Devices” means aesthetically and/or mechanically remanufactured or restored devices conforming to manufacturer specifications that come with a warranty for the remainder of the term of insurance with GoCare (or at least 90-day limited warranty) from GoCare or other retailer or manufacturer.

TERM (How long your coverage lasts):

  • Coverage lasts for the length of time specified on your policy receipt, which will be emailed to you after you purchase coverage.
  • If you purchase coverage for a device that is less than 30 days old, there is a 30-day waiting period, during which you do not have coverage. You may avoid this waiting period by emailing us photo proof.
  • If you purchase coverage for a used device, older than 30 days, we require photo proof before we will activate coverage.
  • Photo proof must consist of the following:
    • Device must be powered on and the photo must show the serial # and MEID / IMEI visible on the screen. The photo must show the entire device, not just the screen.
    • Email a photo of the front and back of the device to support@gocare.com. Once we have reviewed the photos and have approved them, you will receive immediate accidental damage coverage.
  • Coverage lasts for the length of time specified on your policy receipt, which is emailed to you.

MAXIMUM LIABILITY:

  • If we must replace your device, the value of your coverage will not exceed the retail value of your device.
  • If you are eligible for a discounted upgrade with Your carrier, We may pay your discounted upgrade cost including taxes.
  • In no case shall we be obligated to pay more than the maximum amount of a claim if set forth on Your receipt but in no case shall it exceed the replacement value of Your device.
  • Any amount we spend to cover your claims will NOT reduce your coverage for future losses.

WHAT IS COVERED:

  • Accidental damage from normal use including but not limited to drops, cracks, liquid spills, liquid submersion, and any damage that is caused by accident during the term of your GoCare plan.
  • Mechanical and electrical normal use failures that occur during the term of Your plan if your manufacturer’s warranty has expired and the failure would have been covered by Your manufacturer.
  • Devices of any age, as long as the device is 100% functional at the time you purchase coverage, is not currently damaged, has not had any prior damage, failures, issues, or modifications, and has not had any repair work done (unless the repair work was performed by Your manufacturer).
  • If your manufacturer replaces or repairs your device, your GoCare Plan will cover your manufacturer repaired or replaced device. At the time You file a claim, you must provide a receipt that documents the warranty swap or repair. This document must show the original and replacement device serial # and IMEI/MEID #s.

HOW COVERAGE WORKS:

  • Repair: When accidental damage or failure occurs, you must ship or bring your device to a service location we provide after you file a claim. You must pay for your deductible at the time you file a claim. The number of claims you may file is indicated on your policy receipt.
  • GoCare Replacements: GoCare will issue a replacement device if we determine that the device covered under your plan cannot be repaired. GoCare may issue a replacement device for any reason, at our discretion. If a replacement is made, we will take ownership of your original device and replace it with a new or refurbished unit guaranteed to work like new at least a 90 day limited warranty. An optional loaner phone, for a fee, can be sent to you while the repairs are performed.
  • Before you can receive a repair or replacement under this plan, You must first pay file a claim and pay your deductible. Your deductible payment must be received before a claim can be processed. You must do this as soon as possible after an incident occurs.
  • GOCARE cash settlement: We have the right to settle any replacement claim with a cash payment. The settlement amount will be the replacement value of Your device, and the payment to You will settle Your claim in full.

DEDUCTIBLES:

  • Deductibles are shown on your sales receipt after you purchase your plan. All deductible payments are non-refundable.

OTHER TERMS AND IMPORTANT INFORMATION:

  • If a device is directly exposed to or damaged by liquid in any way, it should be turned off right away and no attempt should be made to turn it on after it has been exposed to liquid. Report any exposure or damage to GoCare as soon as possible. If your phone has a user removable battery, please remove it after any exposure.
  • You should not put your device in rice, attempt to dry it out or try and get it to work.
  • After filing a claim, you must promptly send in your device for repair. Your claim may be denied if you wait more than 7 days after the incident to send in your device if it has water damage, as additional corrosion damage may result.
  • Regardless of whether your device is new or used, as long as it is 100% functional with no prior problems, issues or damage, you may purchase coverage if available for Your device.
  • Insurance under this coverage will not directly or indirectly benefit anyone other than the person or entity who purchased the coverage. If this person or entity has assigned the covered device(s) to be used by others, this permission must in writing from the person or entity who originally purchased the coverage stating that the users authorized are permitted to be the beneficiaries of any claim settlement and not the entity or person who paid for the policy.

WHAT IS NOT COVERED UNDER THESE TERMS AND CONDITIONS:

  • Pre-existing conditions or damage that occur prior to the effective date of your coverage including damage or issues that occur after you purchase coverage but before the 30 day waiting period. (Unless your device has been verified and the waiting period waived.)
  • Theft or coverage for Lost devices.
  • Act of war, civil uprising, or confiscation by a governmental agency.
  • Coverage for a device, which has an altered or different serial, MEID or IMEI #'s to make the device appear to be the original covered device.
  • Phones or devices with Bad or blacklisted MEID or IMEI #'s, listed as Lost or Stolen.
    • If you purchase coverage or make a claim on a device with a bad MEID or IMEI #, we will void your coverage and you will be issued a refund.
    • Phones with a Sim tray that is missing may have the claim denied.
  • Accessories such as cases, headphones, dock stations, etc.
  • Any issues solely related to software or data. You are advised to back up your data if possible before sending in your device for repair.
  • Intentional abuse, recklessness, illegal acts or damage caused by extreme sports or extreme activities. This includes abuse by a family member, friend or someone who used the device with your knowledge or permission.
  • Intentional parting of the covered device by You or anyone entrusted with the property.
  • Improper power supply, unauthorized repairs, opening of the device or removal of any part (except for user-removable batteries or SIM cards), hardware modifications Fire, flood, war, nuclear disaster, vandalism, animal or insect infestation, rust, acts of nature.
  • Cosmetic damage of covered device, however caused, that does not affect the mechanical or electrical function of the Covered product. This may include such things as scratches, marring, indentations, bent corners, discolorations or cracks in the housing, mid frame or casing.
  • Equipment that is received dismantled or that appears to have been taken apart prior to it being shipped to us, will be considered intentional damage and no coverage will be offered.
  • This policy will not provide coverage if you mislead us, willfully conceal information, misrepresent any material information or attempt to defraud us, either before or after a claim. This includes withholding information about a device’s history or not fully disclosing all material information relating to a claim.
  • Failure caused by cosmetic change (custom faceplates) or changes or enhancements in color, texture, finish, expansion, or contraction, or any modification that would void the manufacturer’s warranty.
  • We will not cover loss or damage caused by or resulting from wear and tear, gradual deterioration, insect or vermin. Wear and Tear means the reduction in value to the Covered Product stemming from routine use and exposure.

REFUND POLICY

  • We will provide you with a full refund if you cancel within the first 15 days following the date you purchase coverage.
  • After the 15 days, you will receive a refund subject to the following: 1) You must give us 30 days prior written notice of your intent to cancel, during which time you may still file claims against the policy. 2) We are entitled to subtract as earned premium, an amount based on our standard monthly rate of $6.99 per device per month (or partial month) for the time during which you have coverage.
  • In California: We will provide you with a full refund if you cancel within the first 30 days following the date coverage begins, but if cancelled after 30 days, you will be only be entitled to a prorated refund after subtracting a 10% cancellation fee.
  • You are not eligible to receive a refund on your premium once a claim has been filed.

TRANSFER POLICY:

  • We will honor your GoCare plan on any replacement device given to you by your manufacturer or 4 retailer, being the same model and type of device. You are required to show proof that it was a replacement device by submitting documentation such as a receipt showing that it was a replacement device from your manufacturer.
  • You must notify us of any intent to transfer coverage before any transfer may be granted.
  • You may transfer coverage at any time to a new device, provided we offer coverage on such a device. The device must be a new device from us or your manufacturer. The transfer can be made by notifying GoCare of the desire to transfer coverage, along with sufficient information such as a receipt showing that the device is new, and showing the serial number. There will be no transfer fee. We will only charge for the prorated difference in coverage cost, if any, on the new device if the cost of coverage is more than it was on your old device. Your transfer of coverage will not be effective until you receive written notification from us confirming the transfer.
  • If you are transferring coverage, such as going from an iPhone 4 to an iPhone 5 or Blackberry or to a different model than your current one, you may be required to sign up for a new plan in which case you will get a credit on a pro-rated basis for your old plan.
  • If at the time of transfer your current plan is no longer available, you may not transfer and you must purchase new coverage. You will receive a pro-rated refund for your old plan.
  • For any transfer, GoCare must first review your eligibility for coverage on the new device.

CLAIMS AND SERVICE:

  • Visit www.gocare.com, sign-in to your account and click on the file and manage claims link in your account dashboard. Once You have filed a claim, you will receive a follow up email explaining how to proceed. You MUST file a claim on our website, unless you do not have access to a computer. You may also call 1.855.462.2731, and one of our representatives will complete this for you over the phone.
  • When handling a claim, we may allow you to receive a replacement device before you send us your damaged device. We may require a temporary hold to be placed on your card equal to the retail value of the device on which you filed a claim. Once we receive the damaged device, we will release the hold.
  • You will be required to ship the damaged device to us. We will pay for shipping the device back to you. If you desire faster shipping than our standard ground shipping, you may upgrade the shipping speed and pay at the time you file your claim.
  • When an identical item is no longer manufactured or is not available, we may replace it with a similar device of comparable quality and usefulness and features or pay an amount equal to the cost of replacing the device.
  • Once we receive your damaged device and your device is repaired or replaced, you will receive your device back via the type of shipping method you selected when you filed your claim. You can request ground or next day air return shipping.
  • Phones must have been in use with your carrier during the last 30 days prior to filing a claim. We may request proof that the phone had active service with your carrier. This may be in the form of your last invoice or billing statement from your carrier. Failure to provide this, if requested, may result in your claim being denied.

RENEWALS AND MISC INFORMATION:

  • The terms and conditions (membership agreement) applicable at the time of purchase shall be the one in effect for each plan. During the course of Your coverage, both You and GoCare will be obligated to adhere to these terms. Neither You nor GoCare may modify these terms.
  • We have the right to cancel Your coverage at any time, if we determine your risk level has changed beyond what is reasonable or expected, or if there is a high probability your risk level will change based on material information or facts we obtain. If we elect to cancel Your coverage, we will first settle any outstanding claims that have been approved and then you will be given a pro-rated refund of your premium.
  • GoCare may to elect to decline renewal of Your coverage, or refuse new coverage for any reason or if we determine that the risk of loss is unacceptable.

The insurer or obligor backs GoCare’s performance of the above terms and conditions (Service Contract, or Membership Agreement.)

Modified date: September 5, 2013. These terms apply to any coverage purchased on or after this date, and before the next version is modified and posted on the website. Form #GC243-090513

ADDITIONAL MEMBER BENEFITS:

GoCare is further obligated to provide you with the following additional member benefits:

LOANER PHONES

  • GoCare will provide, at your request, a loaner phone to be used for your convenience. You will be presented with this option when you file a claim. Loaner phones are optional and there is a small fee to receive one. Costs may vary. See website for details.
  • When sending you a loaner phone, we require a pre-authorization hold on a charge card.

TECHNICAL SUPPORT

  • GoCare will provide limited technical support regarding proper operation of your device including any related functions on the device such as syncing, backing up, taking photos, setting up email accounts, etc.

DATA RECOVERY

  • GoCare will provide limited data recovery services in the event your data can be salvaged following a covered claim. If we deem that we cannot recover the data, we are not obligated to reimburse you for any data lost or pay for any advanced data recovery services from another company.

BUY-BACK AND TRADE-IN COVERAGE

  • GoCare will provide buyback coverage for GoCare members, at the highest price possible for us to give, only for covered devices, but guarantee the following prices. If the device is 0 - 6 months old, you may sell us your device for cash at 50% of the retail value. If the device is 6 - 12 months old, you may sell us your device for cash at 40% of the retail value. If the device is 12 - 18 months old, you may sell us your device for cash at 30% of the retail value. If the device is 18 - 24 months old, you may sell us your device for cash at 20% of the retail value. We do not guarantee buyback coverage for devices older than 24 months.
  • For any of the ranges, you will receive the quoted percentage ONLY if your device is 100% functional with no prior claims, damage, issues, or problems, of any kind. To receive the quoted percentage, your device must be in good to excellent condition, with minimal signs of wear cosmetically. You may elect to sell your device at any time. Once you sell us your device and receive cash re-imbursement, the standard transfer and upgrade policy applies to any new device you obtain, as described in the transfer policy section. Buy-Back and trade-in coverage only applies to Apple iPhone and iPad products.

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