Avius Care Conditions
Avius Care covers You for repair or replacement of Your device in the event of Accidental Damage or Battery Depletion and access to telephone and email Technical Support from Avius (as set out in clause 4).
Avius Care does not cover You for loss or theft of Your device, or for failure due to defects in Your device, although such failures will be covered separately either by Your rights under consumer law or the Apple One-Year Limited Warranty.
Any word or expression which appears capitalised in this Policy is defined in this definitions section and has the same meaning whenever it is used throughout this Policy:
1.1 “Accidental Damage” has the meaning set out in clause 4.1.
1.2 “Avius” means Avius Limited, who distribute and administer this Policy and who handle claims and complaints.
1.3 “Technical Support” means the support provided by telephone and email Avius Care Technical Support.
1.4 “Apple One-Year Limited Warranty” means the voluntary manufacturer’s warranty provided by Apple (under separate terms of service) to purchasers of Covered Equipment, which provides benefits that are in addition to, and not instead of, rights provided by consumer law.
1.5 “Consumer Software” means the operating software (“iOS”) of the Covered Equipment, software applications that are pre-installed on the Covered Equipment, and Avius-branded applications that are subsequently installed on the Covered Equipment, which may vary from time to time.
1.6 “Coverage Period” means the period set out in clause 3.
1.7 “Covered Equipment” means the iPad identified by the product serial number or asset number, as well as the original accessories supplied in the same box.
1.8 “Hardware Coverage” has the meaning set out in clause 4.1.
1.9 “Insured Event” means (a) Accidental Damage to Your Covered Equipment and/or Battery Depletion and/or (b) the need to use Technical Support, which occurs during the Coverage Period
1.10 “Policy” means this document setting out the Avius Care terms and conditions.
1.11 “Technical Support” has the meaning set out in clause 4.1.
1.12 “You/Your” means the person who owns the Covered Equipment.
2. The Policy
Your Policy is made up of this document setting out the terms & conditions of Your coverage under Avius Care. Please check them carefully to make sure they give You the cover You want. If Your needs change, or any of the information on which the Policy is based changes, Avius may need to update their records.
3. Coverage period
3.1 Your Hardware Coverage starts from the date of Your sales contract with Avius.
3.2 This Policy does not cover You for damage to the Covered Equipment from an Insured Event which occurred before this Policy was started.
4.1 The following definitions are relevant to Your insurance cover:
“Accidental Damage” means physical damage, breakage or failure of Your Covered Equipment due to an unforeseen and unintentional event occurring either due to handling (e.g. dropping the Covered Equipment) or due to an external event (e.g. extreme environmental or atmospheric conditions). The damage must affect the functionality of Your Covered Equipment, which includes cracks to the display screen that affect the visibility of the display.
“Hardware Coverage” means the cover providing for repair or replacement of Your Covered Equipment due to events of Accidental Damage.
“Technical Support” means access to Avius telephone and email technical assistance if Your Covered Equipment ceases to work correctly.
4.2 Hardware Coverage. If You make a valid claim under the Hardware Coverage element of this Policy, Avius will arrange either:
4.2.1 to repair the Covered Equipment using new or refurbished parts that are equivalent to new in performance and reliability;
4.2.2 if it would not be practical or economically viable to perform a repair, to supply a replacement for the Covered Equipment with a new Apple-branded device or an Apple-branded device that is equivalent to new in performance and reliability, and of the same type as the original. If an Apple-branded device which matches Your Covered Equipment is not available, an Apple-branded device which is at least functionally equivalent to the original Covered Equipment (subject to applicable Consumer Software updates) will be supplied. The replacement Apple-branded device will become the new Covered Equipment under this Policy. In the event of a replacement, Avius will keep the original Covered Equipment.
The Covered Equipment can only be repaired or replaced and no cash benefit will be payable by Avius if You make a claim.
4.3 If a replacement is provided to You under clause 4.2.2, Avius may install the latest software and operating system that is applicable to the Covered Equipment as part of cover provided by this Policy. Third party applications installed on the original Covered Equipment may not be compatible with the Covered Equipment as a result of the software and operating system update. If You make a claim in a different country from that in which You bought the Covered Equipment, Avius may repair or exchange products and parts with locally comparable products and parts.
4.4 Claims Limit: A maximum of two claims for Accidental Damage can be made during the Coverage Period, which includes one claim per year for screen damage. After the second claim is settled, the cover for Accidental Damage on this Policy will cease. However, Your coverage for Technical Support will continue to the end of the Coverage Period.
4.5 Technical Support. If You make a valid claim under this section of Your Policy, You will be able to access the Avius Care Technical Support helpline if Your Covered Equipment ceases to work correctly. Technical Support will cover the Consumer Software and the Covered
Equipment. It will cover the then-current version of the Consumer Software, and the prior Major Release. “Major Release” means a significant version of software that is commercially released by Avius in a release number format such as “1.0” or “2.0” and which is not in beta or pre-release form.
5.1 Hardware Coverage. This Policy does not cover You for:
5.1.1 a product that is not the Covered Equipment;
5.1.2 damage caused by:
18.104.22.168 abuse or misuse, meaning intentionally-caused damage including knowingly using the Covered Equipment for the purpose or in the manner for which it was not intended;
22.214.171.124 actual, or attempted, modification or alteration of the Covered Equipment; or
126.96.36.199 service or repair (including upgrades) performed by anyone who is not Avius;
5.1.3 Covered Equipment with a serial number that has been altered, defaced or removed;
5.1.4 the loss or theft of Your Covered Equipment;
5.1.5 Covered Equipment (including all major components) that is not returned to Avius;
5.1.6 cosmetic damage to the Covered Equipment which does not affect the functionality of the Covered Equipment, including, but not limited to, scratches on screen or faceplate, dents, broken plastic on ports and discolouration;
5.1.7 damage or failure caused by normal wear and tear and/or usage of the Covered Equipment;
5.1.8 damage caused by fire or water; or
5.1.9 failure due to defects in materials and/or workmanship and/or design; however, such failures will be covered separately either by Your consumer law rights or by the Apple One-Year Limited Warranty.
5.2 Technical Support. This Policy does not cover You for:
5.2.1 the use or modification of the Covered Equipment or Consumer Software in a manner for which it is neither intended to be used or modified;
5.2.2 issues that could be resolved by upgrading software (including the Consumer Software) to the latest version;
5.2.3 third-party products or software (other than the Covered Equipment or Consumer Software) or the effects of such products on or interactions with the Covered Equipment or Consumer Software;
5.2.4 the use of a computer or operating system that is unrelated to Consumer Software or connectivity issues which do originate from the Covered Equipment;
5.2.5 iOS software or any Consumer Software designated as “beta”, “pre-release” or “preview” or similarly labelled software;
5.2.6 damage to or loss of any software or data residing or recorded on the Covered Equipment;
5.2.7 recovery and re-installation of software programs and user data other than Avius supported software.
6. General conditions
6.1 To have the full protection of Your Policy, You must comply with this clause as well as clauses 7, 8 and 9, which are conditions of this Policy. Failure to comply with these conditions may result in Your claim being declined.
6.2 The following conditions apply to this Policy:
6.2.1 Policy limits. Cover under Your Policy is subject to those exclusions set out in clause 5.
6.2.2 Your duty of care. You shall take all reasonable precautions to protect the Covered Equipment against an Insured Event and shall use and maintain the Covered Equipment in accordance with its instructions.
7. How to make a claim
7.1 For Hardware Coverage. You must report Your claim as soon as possible by contacting Avius by; Emailing email@example.com or telephoning Avius Care Technical Support on +44(0)1202 559933. Avius will require Your Covered Equipment serial number or asset number before providing assistance. Your claim will be settled by means of the options set out in clause 7.3.
7.2 During the Hardware Coverage service, Avius may delete any data held within the Covered Equipment and reformat the storage media. You should back up all data on a regular basis and prior to making a claim where possible.
7.3 Valid claims for Hardware Coverage can be made using one of the following options:
7.3.1 Mail-in service. Avius will require the Covered Equipment to be returned, You will cover the cost of shipping the Covered Equipment to Avius. Avius will send instructions for the return of the Covered Equipment. If You follow these instructions, You will not be charged for the replacement product. Once the screening or repair is complete, Avius will return the Covered Equipment or a replacement of the Covered Equipment to You. Avius will cover the cost of shipping the Covered Equipment to Your chosen shipping address. Avius will not be responsible for any damage caused in the shipping of the Covered Equipment or replacement item.
7.3.2 Express Replacement Service. Avius will require the Covered Equipment to be returned, You will cover the cost of shipping the Covered Equipment to Avius. Avius will send instructions for the return of the Covered Equipment. If You follow these instructions, You will not be charged for the replacement product. Avius will send a replacement product to You on receipt of the claim. Avius will cover the cost of shipping the replacement to Your chosen shipping address. lf You fail to return the original Covered Equipment as instructed or You return a product that is not the Covered Equipment, Avius will invoice You for the replacement amount. Avius will not be responsible for any damage caused in the shipping of the Covered Equipment or replacement item.
7.4 The Hardware Coverage service options may vary between countries depending on local capability. Please contact Technical Support for details.
7.5 Where it will not be possible to provide a certain method of service set out above, it may be necessary to change the method by which Avius provides Hardware Coverage to You.
7.6 If You seek to make a claim under this Policy in a country that is not the country of purchase, You will need to comply with all applicable import and export laws and regulations, and You will be responsible for all customs duties, value added tax and other associated taxes and charges that may apply.
7.7 For Technical Support, You can make a claim by telephoning Avius Care Technical Support on +44(0)1202 559933 or emailing firstname.lastname@example.org, who will request the Covered Equipment serial number or asset number, before providing assistance.
8. Your responsibilities when making a claim
8.1 When making a claim under this Policy, You must comply with the following:
8.1.1 You must provide information about the symptoms and causes of the damage to or problems You have with the Covered Equipment;
8.1.2 to allow Avius to troubleshoot and otherwise assist with Your claim, if requested, You must provide information, including but not limited to the Covered Equipment serial number, model, version of the operating system and software installed, any peripheral devices connected or installed on the Covered Equipment, any error messages displayed, actions taken before the Covered Equipment experienced the issue and steps taken to resolve the issue;
8.1.3 You must follow instructions given to You by Avius and pack the Covered Equipment in accordance with shipping instructions given by Avius;
8.1.4 You must not send products and accessories that are not subject to a Hardware Coverage claim (e.g. cases, car chargers, etc.) as these cannot be returned;
8.1.5 You should ensure where possible that Your software and data residing on the Covered Equipment is backed up. Avius may delete the contents of the Covered Equipment and reformat the storage media. Avius will not be responsible for any loss of software or data residing on the Covered Equipment when it is submitted as part of a claim under this Policy; and
8.1.6 You must provide to Avius all major components of the product subject to Hardware Coverage to allow Apple to assess the validity of Your Claim.
8.2 You will be responsible for reinstalling all other software programs, data and passwords other than the Avius supplied software.
8.3 To the maximum extent permitted by applicable law, Avius, and their employees and agents, shall not be liable to You for any indirect losses You incur, for example the costs of recovering, reprogramming or reproducing any programme or data or any loss of business, profits, income or anticipated savings resulting from a failure to meet their obligations under this Policy.
9. Deception, fraud and illegal use
9.1 If any claim is found to be fraudulent, or if You knowingly give misleading information when making a claim, the claim will be declined and Your Policy will be cancelled. Avius may inform the police or other regulatory bodies.
9.2 This Policy may be immediately cancelled by Avius if it is notified by a competent authority that the Covered Equipment is used in the course of criminal activity or to facilitate or enable any criminal act to take place.
Cancellation. You may cancel this Policy at any time for any reason. You may cancel by calling Avius on +44(0)1202 559933 or by emailing: Avius Care Technical Support email@example.com.
Avius believe You deserve a courteous, fair and prompt service. If there is any occasion when the service You receive does not meet Your expectations, please contact Avius using the appropriate contact details below, providing Your name and Covered Equipment serial number or asset number to help Avius deal with Your comments more efficiently.
Tel: +44 (0) 1202 559933
12. General information
12.1 This Policy will be governed by English law and You and Avius agree to submit to the courts of England and Wales to determine any dispute arising under or in connection with it, unless You reside in Scotland or Northern Ireland, in which case the law applicable to that jurisdiction will apply and its courts will have exclusive jurisdiction.
12.2 The terms & conditions of this Policy will only be available in English and all communication relating to this Policy will be in English.