GOCARE PROTECTION PLAN
TERMS & CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY. It describes the protection plan given to you in return for payment received. You must adhere to this Agreement. Please read these terms and conditions carefully so that you fully understand your coverage under this Service Agreement. Please also review the Membership Summary provided to you at the time you purchased this Protection Plan. The Membership Summary may include information such as the Covered Device, Coverage Type, Maximum Coverage Amount and the Coverage Term of this Protection Plan.
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
Lyndon Southern Insurance Company
10151 Deerwood Park Blvd., Bldg 100, Suite 300
Jacksonville, FL 32256
Dealers Assurance Co.
3518 Riverside Drive, P. O. Box 21185
Upper Arlington, OH 43221
Some of these terms may be used in your Membership Summary or receipt:
- “Abuse” means to wrongfully use, 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.
- “Accident" means damage affecting the normal operation of your device due to an incident that was not reasonably preventable.
- “Actual Cash Value” means the cost to replace the property today, less depreciation using the straight line method, at the time of the loss.
- “Administrator” means GoCare Warranty Group, Inc. or GoCare, appointed to administer this membership agreement.
- “Coverage Amount” is the maximum coverage amount of this Protection Plan, which is specified on your membership summary.
- “Covered Product” or “Covered Device” as used in this Agreement, means any device(s) listed on the service contract receipt as having active protection.
- “Customer” means the person or entity that the Administrator has on file as being the owner of the protection plan.
- “Deductible” means the fee you must pay if you file a claim.
- “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.
- “Membership Summary” is the receipt or document you receive that provides specific coverage details regarding what plan you purchased, the type of device, term, etc.
- “Membership Agreement” or “Agreement” or “Service Contract” or “Plan” means the terms and conditions to which you agree at the time you purchase protection. This also includes any special terms set forth in Your purchase receipt.
- “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.
- “Obligor” means the company obligated under this plan.
- "Purchase Price" means the amount you paid for the protection plan, which is indicated on the membership summary provided to you at the time you purchase your plan.
- “Check” is defined as any promise to pay from a consumer or business checking account. These promises may come in the form of a: paper check, demand draft, ACH, EFT, debit/credit, wire transfer, automated payments, and any negotiable instrument.
- "Recertified Devices" or “Refurbished 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 the membership agreement with GoCare (or at least 90-day limited warranty) from GoCare or other retailer or manufacturer.
- “Replacement Cost” is the amount that We would pay based on what it would cost to purchase the item today, in new or refurbished condition, of like kind and quality.
- “Service Facility” means the location or locations that are registered and serve as a repair facility for the Administrator.
- “Settle” means to resolve or satisfy a claim by either cash settlement, repair or replacement.
- “Term” means the protection effective date through protection termination date.
- “Term Year” means the one year anniversary date of when you purchased your protection plan.
- “We”, “Us”, and “Our” mean the Company obligated under this Agreement, GoCare Warranty Group, Inc, at 3240 N Colorado St. Ste 101, Chandler, Arizona, 85225, in all states except in Florida and Oklahoma where it is Lyndon Southern Insurance Company, [10151 Deerwood Park Blvd., Bldg. 100, Suite 500, Jacksonville, FL 32256], [(800) 888-2738], and in California where it is Dealers Assurance Co., 3518 Riverside Drive, Upper Arlington, OH 43221.
- “You” and “Your” means the customer.
2. LIMIT OF LIABILITY
- The number of times we may perform repairs or the amount we spend per repair on your device shall not be limited unless we deem it more cost effective to replace or issue a cash settlement.
- The total amount that We will pay for a replacement or cash settlement made in connection with claims that you make pursuant to this Protection Plan shall not exceed the actual cash value of the device less the total cost of any prior claim related repair work performed. In the event that We must issue a replacement device or a cash settlement, We will have no further obligations under this protection plan for the device that was replaced or a cash settlement paid.
- The limit of coverage for your protection plan applies to all losses arising from any one event. If multiple devices are damaged from the same incident, Our total liability is equal to the Actual Cash Value of any one device of the highest value involved in the incident that is currently covered under your GoCare protection plan.
- We shall not be liable for any incidental or consequential damages, including but not limited to, property damage, lost time, or lost data resulting from the failure of any product or equipment or from delays in service or the inability to render service.
3. REPLACEMENT AND SETTLEMENT OPTIONS
- At our discretion, We will pay the cost of replacement or cash settlement less any applicable deductible but not exceeding the lesser of the following options unless your Membership Summary or contract specifically states which option you are to receive during settlement:
- 1. Actual Cash Value of the device at the time of loss based on a New, Pre-owned or Refurbished item of like kind and quality;
- 2. Replacement Cost at the time of loss based on a New or Refurbished item of like kind and quality;
- 3. Based on the coverage amount listed on your Membership Summary page.
- When an identical device is no longer manufactured, is not available or in-stock, we will pay the lesser of the cost of a new, pre-owned or refurbished device, similar to the device that was damaged, which is of comparable quality and usefulness, but in no event will we pay more than the limit of liability.
- We reserve the right to either repair your device, replace it with a device of like kind and quality, or a issue a cash settlement.
- If we must replace your device or issue a cash settlement, and you’re eligible at the time your claim is filed to purchase a subsidized or financed device through your carrier at a reduced rate or for no cost, the amount We spend will be no more than what you are charged by your carrier. If we spend less than the actual cash value of your device in this instance, you will have the remaining balance of coverage based on the actual cash value of the device available to you toward any future replacement. We may require a purchase receipt showing the final amount you were charged before we will issue reimbursement.
4. WHEN COVERAGE BEGINS AND ENDS
- This defines the length of coverage currently offered; , monthly, 1, 2, 3, and 4 year terms beginning on the Coverage Start Date. Protection for your device is specified on your membership summary receipt, which will be emailed or provided to you after you purchase your protection plan. Your coverage start date will be the day you purchase coverage unless stated otherwise in your Membership Summary. Your coverage end date is also indicated on your Membership Summary, unless the policy is cancelled prior to the conclusion of the term.
- Monthly subscription plan:
The following terms apply ONLY to customers who are on month-to-month billing.
- You have the right to cancel your monthly billing at any time, however Your right to cancel at any time applies only if there have NEVER been any claims filed on the plan you are desiring to cancel. If you wish to start billing again for any device you previously cancelled coverage on, you must first verify this device as described in our terms.
- If you HAVE filed a claim on any of your monthly plans before and you wish to cancel, you must wait at least 90 days after your latest claim was filed to submit any notice to us of your intent to cancel any monthly billing plan you have with us. If you receive a settlement check after filing a claim, the amount you receive for your settlement will be less a $25 processing fee.
- If you have a monthly family plan, you must have a minimum of 3 monthly plan eligible devices covered at any given time. Your total monthly bill may be discounted and there is a yearly out-of-pocket deductible limit as specified in your membership summary. Once you reach this deductible limit, you will not be liable for any further deductible payments for the remainder of any Term Year. Your are eligible to cancel billing at any time, assuming you have not filed any claims on any of your devices within the past 90 days.
- If you cancel monthly billing on a device AFTER a claim is filed, the serial # assigned to that device will become ineligible for coverage through GoCare. Upon any notice of desire for cancellation for monthly billing, provided you have waited at least 90 days after filing your claim, your plan will continue to be in effect until the end of any current monthly billing cycle. You also may not transfer coverage to another device during this 90 day time period. If your monthly billing ever fails due to your card or bank declining the transaction, your warranty will be suspended for up to 14 days and you will not have any coverage during this time of suspension. After 14 days, your cancellation will become permanent if correct payment information is not received and/or or we are still unable to successfully process your card. After cancellation become permanent, this is the same as if you intentionally cancelled your billing. You must file a claim within 14 days of any damage or loss, otherwise your claim may be denied.
5. WAITING PERIOD AND VALIDATION:
- Unless otherwise specified in your Membership Summary, there is a waiting period of 30 days and this is the length of time between the Protection Plan purchase date and the Coverage Start Date, during which time, if any issues occur, they are considered pre-existing conditions and will cause the item to be ineligible for coverage under this Protection Plan.
- If your Device and the GoCare protection plan were purchased or bundled together on the same order:
- Your policy is active from the date of purchase, however, we must collect more information about your device for our records. If you purchased coverage for a device and a GoCare protection plan on the same order and from the same retailer, or if the device you purchased was bundled with a GoCare protection plan, then you must register your device at gocare.com with dated purchase receipt or provide device details to customer support through email if directed and provide a copy of your dated purchase receipt or proof of purchase.
- In order to file a claim, we will need a copy of your dated purchase receipt or dated proof of purchase for the device. We may deny your claim without first obtaining a copy of your purchase receipt or proof of purchase. Your receipt must show the GoCare plan you purchased along with the device or show that your plan was bundled.
- If your Device and the GoCare protection plan were purchased separately.
- If you purchased your device and GoCare separately, we need to perform photo verification of your device before we can activate coverage in order to verify your device is fully functional and that there is no existing damage or issues with the device to be covered.
- You will be asked to do the following:
- Provide a photo of the front of the device. The 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.
- iPhone (Settings App -> General -> About)
- Android (Settings -> About Device -> Status)
- Provide a photo of the back of the device without the case. It must show the entire device.
6. WHAT IS COVERED:
- Listed devices of any age are covered, as long as they are 100% functional at the time you purchase protection, are not currently damaged, have not had any prior damage, failures, issues, or modifications, and have not been previously repaired (unless the repair work was performed by Your manufacturer).
- Accidental Damage from Handling (ADH)
- Damage from drops, spills and liquid damage associated with the handling and use of Your Product, if the coverage has been offered and purchased at the time of sale with your Protection Plan;
- Mechanical Breakdown caused by:
- Mechanical and electrical failures
- Damaged or defective buttons or connectivity ports
- Defects in materials or workmanship
- Normal wear and tear
Specific details about your coverage under this Protection Plan are provided in the Membership Summary. This Protection Plan does not provide repair or replacement of Your Product for any of the causes or provide coverage for any losses as set forth in the section entitled What Is Not Covered.
7. HOW PROTECTION WORKS:
- Repair: When accidental damage or failure occurs, you must ship or bring your device to the service location we specify after you file a claim. You must pay for your deductible at the time you file a claim and before any service, replacements or cash settlements will be issued.
- 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, pre-owned or refurbished unit guaranteed to work like new, and will enroll it in your current membership agreement. A loaner phone can be sent to you while repairs are performed, depending upon availability; fees may apply.
- Cash Settlement: We have the right, at our sole discretion, to settle any claim with a cash payment. The settlement amount will be based on the Actual Cash Value of Your device, and the payment to You will settle Your claim in full. Please contact customer service to purchase a new membership agreement on your newly purchased device if needed.
- Find My iPhone or any other similar device tracking and locking system must be deactivated for the damaged device before any replacement or reimbursement is provided..
8. HOW WE WILL SERVICE YOUR ITEM:
Depending on the item damaged or failure circumstances, We will either:
- Repair Your Device, or;
- Provide a cash settlement reflecting the Actual Cash Value (unless stated differently on your membership summary) of a device with equal features and functionality or;
- Provide a new, pre-owned, or refurbished device of equal or similar features and functionality.
- To file a claim, go to our website “www.gocare.com” and look for the claims link on the top navigation bar.
- You must answer each question and provide as much detail as possible. It is preferred that you file your claim on our website, unless you do not have access to a computer. In which case you may call 1.855.462.2731, and one of our representatives will assist you in filing a claim.
- From the time you file your claim until its completion, you will receive status updates, instructions, or requests for further information by email from our claims representatives. Please respond promptly to ensure your claim is not denied due to insufficient information or inactivity.
- When handling a claim, we may allow you to receive a replacement or loaner device before you send us your damaged device. We may require a temporary hold on your credit card 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 or bring it to an approved repair center in your area. We will pay for shipping the device back to you by standard ground shipping, unless you purchase a plan that specifically includes free two way shipping. 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 similar features and functionality or pay an amount equal to the Actual Cash Value of 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.
- 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.
9. DEDUCTIBLES AND FEES
- Unless stated otherwise in your in your contract, before you can receive a repair or replacement under this plan, You must first pay any applicable deductible. Your deductible payment must be received before a claim can be filed or processed.
- A claim must be filed within 30 days following the initial incident, otherwise we may deny your claim.
- Deductibles are shown on your Membership Summary you received after you purchased your plan. All deductible payments are non-refundable.
- If you file a dispute or chargeback for any electronic payments You made to GoCare, any protection plans or claims you have active with us will immediately be suspended until the dispute is resolved and removed. You will be charged a $35 service fee for each dispute you file, regardless of the resolution of the dispute.
- When a check or electronic payment, hereinafter referred to as a check, is returned to GoCare, a $25 service charge will be assessed. The customer has ten days from the date of the notice to make full payment by credit card or cashier’s check. Any protection plans or claims you have active with us will immediately be suspended until the payment is received by GoCare.
- Our standard method of service is for a device to shipped to one of our authorized repair depot locations where it will be repaired and returned or replaced by GoCare. Any other method for handling device repairs or obtaining replacements must first be approved or authorized in writing by GoCare.
- We may choose at any time, to have damaged devices routed to any of our authorized repair centers depending on repair times, parts availability, and the need for customer satisfaction.
- If indicated in your contract that You will perform repairs internally or in-house rather than utilize Our repair depot service, you agree that repair work will be performed in accordance with industry standard methods. You may be required to purchase parts from GoCare for repairs rather than your supply your own. We reserve the right to perform an audit onsite at your location to observe the methods and parts being used. We also reserve the right right to end any onsite repair program for any reason, with sufficient notice and to establish the labor reimbursement rate. GoCare will not be held liable for any additional repair work resulting from faulty parts or repair provided by your on-site location.
- At Our discretion, larger items may receive on-site repairs and We will arrange to repair or replace Your device at your location during your normal business hours. On-site service may occasionally require our service provider to bring the device back to their facility to complete any repairs.
11. YOUR RESPONSIBILITIES:
- Provide us with a list of all serial numbers and MEID or IMEI numbers if your devices have them.
- Provide Us with a complete copy of your date purchase receipt or proof of purchase if required. We can either store it for you on our site or you can provide the proof of purchase at time you file a claim.
- Provide Us with photos to validate your device and your GoCare were purchased seperately.
- Select the correct GoCare Protection Plan for your product based on condition, value, price or purchase location.
- Properly maintain, store and use your device according to the manufacturer’s instructions.
- If a device is directly exposed to or damaged by liquid in any way, it should be turned off IMMEDIATELY. 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 device has a user removable battery, please remove it after any exposure.
- You must file a claim within 30 days after an incident occurs, otherwise your claim may be denied. Liquid damage claims must be filed within 7 days of the incident or your claim may be denied, as additional corrosion damage may result, for which GoCare will not be responsible or liable.
- You should not put your device in rice, attempt to dry it out or try and get it to work. This may void your protection for the device.
- After filing a claim, you must promptly send in your device for repair.
12. OTHER TERMS AND IMPORTANT INFORMATION:
- 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 protection if available for Your device.
- This membership agreement will not directly or indirectly benefit anyone other than the person or entity who purchased the protection. If this person or entity has assigned the covered device(s) to be used by others, this permission must be in writing from the person or entity who originally purchased the protection 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 membership agreement.
- If Your Device has two repairs completed for the same problem through the GoCare Protection Plan, and a third such damage for the same problem occurs, as determined by Us, within any twelve (12) month period, Your Product will be replaced or a cash settlement will be provided. If this occurs, We will have no further obligation under this protection plan for the device that was replaced or a cash settlement paid.
- The terms and conditions (membership agreement) applicable at the time of purchase shall be 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.
13. WHAT IS NOT COVERED:
- Any product fraudulently described or materially misrepresented by you;
- Accidental damage, cracked or damaged monitor, laptop or display screens, liquid damage, lost buttons or knobs etc., unless optional accidental damage from handling (ADH) coverage or cracked screen only coverage was offered and purchased at the time of sale with your Protection Plan;
- Conditions that were caused by you intentionally, or known by you prior to purchasing this Protection Plan;
- Consumer replaceable or consumable batteries unless that specific coverage has been offered and purchased at the time of sale with your Protection Plan;
- Devices with removed or altered serial numbers, IMEI, MEID or other unique numbers, or any alteration to make the device appear to be the original covered device.
- Manufacturer defects or equipment failure which is covered by manufacturer's warranty, manufacturer's recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise);
- Damage to computer hardware, software and data caused by, including, but not limited to, viruses, application programs, network drivers, source code, object code or proprietary data.
- Failures related to transportation damage, customer education, cleaning, preventive maintenance, “No Problem Found” diagnosis, non-intermittent issues that are not product failures;
- Pre-existing conditions or damage that occurred to your device prior to the effective date of your protection including damage or issues that occur after you purchased protection but before the 30 day waiting period. (Unless your device has been validated and the waiting period waived.)
- Phones or devices with a bad or blacklisted MEID or IMEI #'s, or that are listed as Lost or Stolen. If you purchase protection or make a claim on a device with a bad MEID or IMEI #, we will void your protection 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, chargers, dock stations, etc.
- Any issues solely related to software or data. You are advised to backup your data if possible before sending in your device for repair, unless it experienced liquid damage.
- Abuse, recklessness, neglect, 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.
- Cosmetic damage of covered device, however caused, that does not affect the mechanical or electrical function of the Covered device. 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 your coverage for this device will end and any pending or active claims will be denied.
- This membership agreement will not provide protection if you mislead, 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 change or enhancement 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.
- Coverage purchased for a device located outside the United States.
- We will provide you with a full refund if you cancel in writing within the first 30 days following the date you purchase your protection.
- After the 30 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, however, you are not eligible to receive a refund on your premium once a claim has been filed. 2) We are entitled to subtract as earned premium, an amount based on our standard monthly rate of $7.99 per device per month (or partial month) for the time during which you have coverage.
- Refunds are issued on a pro-rata basis less all discounts including prepayment of annual and multi-year protection plans, referral and promotional discounts, etc. using the cost of the current monthly plan. Refunds are calculated using the current monthly plan cost for the same device, divided by days in the year and multiplied by the number of days the plan was in effect. This total would be subtracted from the payment GoCare received for the plan less any paid claims and issue a refund. Refunds are processed within 30 days. Monthly plan costs are available for review by contacting firstname.lastname@example.org
Example: 2 year iPad 2 Plan purchased at $130
30 day written notice provided to cancel at the end of month 6
Current monthly cost for iPad 2 Plan is 9.00
Current customer use of plan was 6 months, totaling $54.00
No claims were submitted; a refund of $76.00 is issued to the customer
- You are not eligible to receive a full refund on your premium for a particular device once a claim has been filed.
This Protection Plan covers return shipping charges to you. You may be responsible for paying to ship your device to us, depending on the details of your agreement with us.
16. EXISTING WARRANTIES:
If your device has any remaining manufacturer’s warranty at the time of a claim, GoCare may require that this warranty be used to resolve the claim.
17. TRANSFER OF PROTECTION PLAN:
- We will honor your GoCare plan on any replacement device given to you by your manufacturer or retailer, provided it is the same model and type of device. You are required to submit 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 different device, provided we offer coverage on such a device. The device must be a replacement device from us or your manufacturer. The transfer can be made by notifying GoCare of your intent to transfer coverage, along with sufficient information, such as a receipt, indicating that the device is new and the corresponding 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, which is based on current prices. Your transfer of coverage will not be effective until you receive written notification from us confirming the transfer.
- If you transfer coverage because you are changing devices or models (such as upgrading from an iPad 3 to an iPad Air) you may be required to sign up for a new plan. If you have remaining coverage on your plan of more than 30 days, you may receive a pro-rated credit 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.
- We may cancel this Protection Plan at Our option on the basis of nonpayment, fraud, or material misrepresentation by you. If We cancel your Protection Plan, you will receive notice and a refund will be calculated.. If a Protection Plan was inadvertently sold to you on a product which was not intended to be covered by this Protection Plan, We will cancel this Protection Plan and return the full purchase price of the Protection Plan to you. If We cancel this Protection Plan for nonpayment then We will provide notice at time of cancellation.
- We have the right to cancel Your coverage at any time or raise your deductible rate(s), 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 provide notice and settle any outstanding claims that have been approved and then you will be given a pro-rated refund of your premium. If we raise your deductible we will provide 30 days notice of this change. .
- GoCare may to elect to decline renewal of Your protection, or refuse new protection for any reason.
- This is not an insurance policy. Our obligations under this Protection Plan are guaranteed under a contractual liability insurance policy issued by Lyndon Southern Insurance Company and this insurer or obligor backs GoCare’s performance of this Service Agreement.
ENTIRE CONTRACT: Unless amended by the State Specific Provisions, this Protection Plan sets forth the entire contract between the parties and no representation, promise or condition not contained herein shall modify these terms.