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  1. <p>This Replacement plan is offered jointly by Assurant and American Bankers as defined below.</p>
  2. <p>&nbsp;</p>
  3. <h1><u>Part 1 &ndash; GENERAL PROVISIONS</u></h1>
  4. <p><strong>&nbsp;</strong></p>
  5. <p><strong>Definitions</strong></p>
  6. <p><strong><em>Activation Lock </em></strong>means the smartphone feature designed to prevent reactivation of a lost or stolen Device, such as Find My iPhone or Google Activation Lock, which can be turned on or off remotely by the user.</p>
  7. <p>&nbsp;</p>
  8. <p><strong><em>American Bankers </em></strong>means American Bankers Insurance Company of Florida&dagger; who provides the Benefits under this Replacement Plan in the course of its business in Canada.</p>
  9. <p>&nbsp;</p>
  10. <p><strong><em>Assurant </em></strong>means Assurant Services Canada Inc.&dagger; who provides the Services under this Replacement Plan and acts as the Replacement Plan administrator.</p>
  11. <p>&nbsp;</p>
  12. <p><strong><em>Benefit(s) </em></strong>means the benefits described in Part 3 of these Terms and Conditions.</p>
  13. <p>&nbsp;</p>
  14. <p><strong><em>Costco Warehouse </em></strong>means Costco Wholesale Canada Ltd.*</p>
  15. <p>&nbsp;</p>
  16. <p><strong><em>Device </em></strong>means Your new cell phone or smart phone purchased on contract and registered with a Canadian wireless service provider through a Wireless etc. kiosk at a Costco Warehouse location, with the International Mobile Equipment Identity number (IMEI) as indicated on the Wireless etc. sales order, and for which this Replacement Plan was purchased.</p>
  17. <p>&nbsp;</p>
  18. <p><strong><em>Non-Return Fee </em></strong>means the no-contract retail price of the Device which is the subject of a replacement request at the time You submit Your replacement request, as determined by Us, not to exceed $1400.</p>
  19. <p>&nbsp;</p>
  20. <p><strong><em>Replacement Plan </em></strong>means this Assurant Max+Protection plan which consists of Your original sales receipt and these Terms and Conditions purchased at the same time as the Device.</p>
  21. <p>&nbsp;</p>
  22. <p><strong><em>Replacement Device </em></strong>means a refurbished cell phone or smartphone of&nbsp;&nbsp; like kind and quality and with comparable features and functionality and, if available, of the same colour. The Replacement Device will become Your covered <strong><em>&ldquo;Device&rdquo; </em></strong>under this Replacement Plan.</p>
  23. <p>&nbsp;</p>
  24. <p><strong><em>Replacement Service Fee </em></strong>means a service fee of <strong>$79</strong>, plus applicable taxes, which will apply to all Replacement Device requests.</p>
  25. <p>&nbsp;</p>
  26. <p><strong><em>Service(s) </em></strong>means the services described in Part 2 of these Terms and Conditions.</p>
  27. <p>&nbsp;</p>
  28. <p><strong><em>We, Us </em></strong>or <strong><em>Our </em></strong>refers to Assurant and/or American Bankers, as the case may be.</p>
  29. <p>&nbsp;</p>
  30. <p><strong><em>You </em></strong>or <strong><em>Your </em></strong>means the purchaser of this Replacement Plan, who is the owner of the Device covered under this Replacement Plan.</p>
  31. <p>&nbsp;</p>
  32. <h1>Two Contracts</h1>
  33. <p>By purchasing this Replacement Plan, You are entering into two legal contracts as follows:</p>
  34. <p>&nbsp;</p>
  35. <ul>
  36. <li>a Service Contract consisting of Your original sales receipt and Parts 1 and 2 of these Terms and Conditions which is made between You and Assurant for the provision of Services; and</li>
  37. <li>a second distinct Benefits Contract consisting of Your original sales receipt and Parts 1 and 3 of these Terms and Conditions which is made between You and American Bankers for the provision of</li>
  38. </ul>
  39. <p>&nbsp;</p>
  40. <p>You acknowledge that You have read and that You accept the Terms and Conditions of this Replacement Plan. No oral or written representations, warranties or conditions, and no amendment or modification of these Terms and Conditions will be binding on You or on Us (not applicable in Quebec).&nbsp;&nbsp; If any terms of this Replacement Plan or its respective contracts are held to be illegal or unenforceable, the legality and enforceability of the remaining provisions will not be affected or impaired.</p>
  41. <p>&nbsp;</p>
  42. <h1>Replacement Plan Purchase Price</h1>
  43. <p>The purchase price for a 24-month Replacement Plan is <strong>$129.99</strong>, plus applicable taxes, and is payable on the date You purchase this Replacement Plan.</p>
  44. <p>&nbsp;</p>
  45. <p>The purchase price of this Replacement Plan is comprised of a payment to Assurant for the Service Contract and a payment to American Bankers for the Benefits Contract. The percentage of the Price attributable to the Benefits Contract is 80%.</p>
  46. <p>&nbsp;</p>
  47. <h1>Description of Our Replacement Plan</h1>
  48. <p>We will provide You with a Replacement Device, upon the payment of the Replacement Service Fee, in the event Your Device suffers mechanical malfunction or defect, including battery failure, that is not covered by the</p>
  49. <p>&nbsp;</p>
  50. <p>manufacturer&rsquo;s warranty, or Your Device suffers physical or liquid damage.</p>
  51. <p>&nbsp;</p>
  52. <p>Standard accessories included with Your Device in the original manufacturer&rsquo;s packaging will only be replaced when incompatible with the Replacement Device. Replacement accessories may be generic or non-original manufacturer accessories.</p>
  53. <p>&nbsp;</p>
  54. <p>The value of the Replacement Device (including accessories, if applicable), will not exceed the lesser of:</p>
  55. <ol>
  56. <li>The manufacturer&rsquo;s suggested retail price (MSRP) of the Device which is the subject of a replacement request; and</li>
  57. <li>$1,400.</li>
  58. </ol>
  59. <p>&nbsp;</p>
  60. <h1>Replacement does not deem this Replacement Plan as fulfilled. The coverage will be extended to Your Replacement Device(s) for the term of this Replacement Plan.</h1>
  61. <p><strong>&nbsp;</strong></p>
  62. <p><strong>How Many Replacement Devices Does This Replacement Plan Provide For? </strong>This Replacement Plan provides for a maximum of two (2) Replacement Devices every 12 months immediately following the purchase date of this Replacement Plan to a maximum of four (4) Replacement Devices throughout the lifetime of this Replacement Plan.</p>
  63. <p>&nbsp;</p>
  64. <h1>Are There Any Additional Charges?</h1>
  65. <p>Upon receiving a Replacement Device, You must return Your defective Device to Us in the manner described in the section entitled &ldquo;<strong>How To Request a Replacement Device</strong>&rdquo;, in Part 2 of these Terms and Conditions. Failure to do so may result in additional charges in the form of a Non-Return Fee. The Non-Return Fee will only apply if:</p>
  66. <p>&nbsp;</p>
  67. <ul>
  68. <li>We do not receive the defective Device within 15 days of You receiving Your Replacement Device;</li>
  69. <li>the returned defective device is not the covered Device; or</li>
  70. <li>the Activation Lock on Your defective Device is still</li>
  71. </ul>
  72. <p>&nbsp;</p>
  73. <p>If the returned defective Device is not the covered Device or if the Activation Lock is still active, We will return the defective Device to You and charge You the Non-Return Fee, plus shipping and handling costs.</p>
  74. <h1>All costs and fees are subject to applicable taxes. When Does Coverage Begin and End?</h1>
  75. <p>Your coverage begins on the date You purchased this Replacement Plan, as indicated on Your original Costco sales receipt, and continues until the earliest of:</p>
  76. <p>&nbsp;</p>
  77. <ol>
  78. <li>cancellation by You or Us in accordance with the section entitled &ldquo;<strong>How Can This Replacement Plan be Cancelled?</strong>&rdquo;; and</li>
  79. <li>24</li>
  80. </ol>
  81. <p>&nbsp;</p>
  82. <h1>We are not responsible and have no obligations to You for any issues with Your Device arising from an event that occurs before You purchase this Replacement Plan or after this Replacement Plan ends.</h1>
  83. <p><strong>&nbsp;</strong></p>
  84. <p><strong>What Is Not Covered?</strong></p>
  85. <p>This Replacement Plan does not apply to and We do not provide replacement for:</p>
  86. <p>&nbsp;</p>
  87. <ol>
  88. <li>mechanical failures or defects, or battery failures covered by the manufacturer&rsquo;s warranty;</li>
  89. <li>tablets or data sticks;</li>
  90. <li>Devices with removed, altered or defaced International Mobile Equipment Identity (IMEI) numbers;</li>
  91. <li>Devices provided by You for use by the general public, or used for lease or Use of a Device for these purposes will void this Replacement Plan;</li>
  92. <li>Incidental, indirect, or consequential damages, including, but not limited to, loss of profits, down-time and charges for time and effort (except as otherwise required by law);</li>
  93. <li>any loss or amount other than the cost of replacement of the Device;</li>
  94. <li>intentional physical damage, abuse, misuse, vandalism;</li>
  95. <li>unauthorized repairs, improper installation, improper equipment modifications;</li>
  96. <li>lost end-user replaceable parts;</li>
  97. <li>accessories,including, but not limited to, car chargers, Bluetooth headsets, face plates, and any accessories that come with Your Device in the original manufacturer&rsquo;s package unless such accessories are not compatible with the Replacement Device;</li>
  98. <li>&ldquo;No problem found&rdquo; or &ldquo;no fault found&rdquo; type diagnosis and intermittent errors that cannot be reproduced;</li>
  99. <li>lost or stolen Devices;</li>
  100. <li>Devices purchased as used, recertified, or refurbished devices;</li>
  101. <li>minor imperfections in devices that meet design specifications or cosmetic damage (including but not limited to scratches and dents) that do not affect functionality of the Device;</li>
  102. <li>replacement SIM card or related item; or</li>
  103. <li>any loss or damage occurring (i) prior to the purchase date of this Replacement Plan or (ii) after this Replacement Plan is</li>
  104. </ol>
  105. <p>&nbsp;</p>
  106. <h1>Can This Replacement Plan be Transferred?</h1>
  107. <p>Only the Device for which this Replacement Plan was purchased, or its replacement under this Replacement Plan, is eligible for coverage, which means You cannot transfer this Replacement Plan to another device.</p>
  108. <p>&nbsp;</p>
  109. <p>This Replacement Plan may be transferred to a subsequent owner of the Device at no additional charge. There are no restrictions provided Your Replacement Plan is valid. To transfer, call <strong>1-877-699-1355</strong>. You must provide the name of the person to whom this Replacement Plan is being transferred.</p>
  110. <p>&nbsp;</p>
  111. <p>To complete the transfer, the transferee must contact Us to provide an address, email, and phone number.</p>
  112. <p>&nbsp;</p>
  113. <h1>How Can This Replacement Plan be Cancelled?</h1>
  114. <p>You may cancel Your Replacement Plan by visiting your local Costco Warehouse. If you cancel Your Replacement Plan, you will be entitled to a refund as follows:</p>
  115. <p>&nbsp;</p>
  116. <ol>
  117. <li>if the cancellation is within the first 90 days following the purchase date of this Replacement Plan and You have not received a Replacement Device, You will receive a full refund of the Replacement Plan purchase price paid;</li>
  118. <li>if the cancellation is within the first 90 days following the purchase date of this Replacement Plan and You have received a Replacement Device, You will receive a full refund of the Replacement Plan purchase price paid, less the value of any Replacement Device received (unless otherwise prohibited by law); or</li>
  119. <li>if the cancellation is after the first 90 days following the purchase date of this Replacement Plan, You will be entitled to a prorated refund of the Replacement Plan purchase price paid, less the value of any Replacement Device received, if applicable (unless otherwise prohibited by law).</li>
  120. </ol>
  121. <p>&nbsp;</p>
  122. <p>We may cancel this Replacement Plan on the basis of (a) fraud or misrepresentation by You in submitting a request for a Replacement Device (b) public or rental use of the Device; or (c) an unauthorized repair of Your Device.</p>
  123. <p>&nbsp;</p>
  124. <h1>Limitation Of Liability</h1>
  125. <p>Our liability under this Replacement Plan is strictly limited to the replacement of Your Device. If You pay for costs to repair or replace Your Device, We will not reimburse You for such costs. We are not liable for any loss of data, down time and charges for time and effort, and in no event will We be liable to You or any third party for any damages resulting or relating directly or indirectly from or to Your Replacement Plan, including, but not limited to, any damages You may suffer if data left on your Device is accessed, or alternatively, is unrecoverable. <em>(For Quebec only: The foregoing is not intended to liberate Us from the consequences of Our own acts or the acts of Our representatives.)</em></p>
  126. <p><em>&nbsp;</em></p>
  127. <h1>Manufacturer&rsquo;s Warranty</h1>
  128. <p>This Replacement Plan complements and is supplementary to the manufacturer&rsquo;s warranty, but does not replace the manufacturer&rsquo;s warranty or warranty obligations during the manufacturer&rsquo;s warranty period. Parts and services covered by the manufacturer&rsquo;s warranty and warranty obligations, including battery replacements, are the responsibility of the manufacturer only. This Replacement Plan provides certain additional Services and Benefits which the manufacturer&nbsp;&nbsp; may not provide. Please note that any Services or Benefits provided under this Replacement Plan before the expiry of the manufacturer&rsquo;s warranty may void the manufacturer&rsquo;s warranty. Refer to the terms and conditions of the manufacturer&rsquo;s warranty for more details.</p>
  129. <p>&nbsp;</p>
  130. <h1>Your Privacy</h1>
  131. <p>At all times, We are committed to respecting and safeguarding the privacy of Our customers&rsquo; personal information in accordance with good business practices. For the purposes of providing the Replacement Plan to You, We, Costco Warehouse, and their service providers will collect, use, and share personal information provided by You to Us, and obtained from others with Your consent, or as required or permitted by law. Personal information includes Your name, contact information, customer file including Your Costco Canada member number, and product preferences i.e. Your Device and Device plan information. We may use the information to: serve You as a customer; communicate with You; administer the Replacement Plan; process Your service request; create and maintain records; better understand Our customer needs and preferences. We may process and store Your information in the United States, which may be subject to access by government authorities under applicable laws of that country. You may obtain a copy of Our privacy policy by calling 1-888-778-8023 or from Our website (<a href="http://www.assurantsolutions.ca/privacy)"><strong>www.assurantsolutions.ca/privacy</strong>).</a> If You have any questions or concerns regarding our privacy policy or Your options for refusing or withdrawing this consent you may call Us at the number listed above.</p>
  132. <p>&nbsp;</p>
  133. <h1><u>PART 2 &ndash; SERVICE CONTRACT</u></h1>
  134. <p>Assurant is obligated to provide the Services to You as the Services are described in this Part 2, subject to any exclusions and limitations outlined in these Terms and Conditions. Assurant will coordinate the provision of, and facilitate access to, the Services and the Benefits available under this Replacement Plan. American Bankers under the Benefits Contract (Part 3) is solely responsible for determining whether Your request for a Replacement Device is covered under this Replacement Plan and for approval of all Services and Benefits delivered under this Replacement Plan.</p>
  135. <p>&nbsp;</p>
  136. <h1>Assistance Services</h1>
  137. <ul>
  138. <li>24-hour / 7-day per week (including holidays) bilingual French/English telephone and online replacement services management and Benefit processing</li>
  139. </ul>
  140. <p>&nbsp;</p>
  141. <ul>
  142. <li>Assistance with Device performance questions in order to expedite Your request for a Replacement</li>
  143. </ul>
  144. <p>&nbsp;</p>
  145. <h1>Replacement Services</h1>
  146. <ul>
  147. <li>Management of Your request for a Replacement Device, which entails:
  148. <ul>
  149. <li>Managing the technical assessment of Your defective</li>
  150. <li>Managing the shipping of Your Replacement Device to You and arranging for the return of Your defective Device to</li>
  151. </ul>
  152. </li>
  153. <li>Coordination and facilitation of the Benefits process with American</li>
  154. </ul>
  155. <p>&nbsp;</p>
  156. <h1>How To Request a Replacement Device</h1>
  157. <p>Call Us at <strong>1-877-699-1355 </strong>or, if outside of Canada or the U.S, at 1-613-634-6978, 24 hours / 7 days per week (including holidays), or go to <a href="http://www.maxplus.assurant.com/">www.maxplus.assurant.com</a> to submit a request for a Replacement Device and check the status of Your request. At Our discretion, we may require additional information in order to process Your request. <strong>Please note: You will be required to provide a credit card when You submit Your request for a Replacement Device in order to process the Replacement Service Fee, and if applicable, the Non-Return Fee.</strong></p>
  158. <p><strong>&nbsp;</strong></p>
  159. <p>The Replacement Service Fee will apply to all Replacement Device requests.</p>
  160. <p>&nbsp;</p>
  161. <p>Upon receiving Your request, we will ship Your Replacement Device to Your address in Canada. You must return Your defective Device within 15 days of receiving Your Replacement Device. You will be provided with a prepaid return envelope and return shipping instructions. When shipping Your defective Device to Us, You are responsible for properly packaging the Device according to the shipping instructions.</p>
  162. <p>&nbsp;</p>
  163. <h1>Before providing Your Device for exchange, YOU MUST:</h1>
  164. <ol>
  165. <li>if possible, remove any screen lock application (PIN, touch ID, or password);</li>
  166. <li>deactivate any Activation Lock;</li>
  167. <li>if possible, remove any confidential, proprietary or personal information; and</li>
  168. <li>remove any removable cards such as media and SIM</li>
  169. </ol>
  170. <p>&nbsp;</p>
  171. <p>Please note that failure to return Your defective Device or failure to deactivate any Activation Lock may result in You being charged the Non-Return Fee, plus shipping and handling costs. For details, please see the section entitled &ldquo;<strong>Are There Any Additional Charges?</strong>&rdquo; in Part 1 of these Terms and Conditions.</p>
  172. <p>&nbsp;</p>
  173. <p><strong>It is Your responsibility to remove Your SIM and Memory Card, and any accessories, if possible, and to delete all personal or sensitive data from the Device before You ship it. It is Your responsibility to back up the contents of Your Device. We will not be responsible for the loss of any programs, data, or other information stored on Your Device or any media <em>(For Quebec only: The foregoing is not intended to liberate Us from the consequences of Our own acts or the acts of Our representatives.) </em>This Replacement Plan does not include restoration of data to Your Replacement Device.</strong></p>
  174. <p><strong>&nbsp;</strong></p>
  175. <h1><u>PART 3 &ndash; BENEFITS CONTRACT</u></h1>
  176. <p>American Bankers is obligated to provide Benefits to You as the Benefits are described in this Part 3, subject to any exclusion and limitations outlined in these Terms and Conditions. American Bankers is responsible for determining whether Your request for a Replacement Device is covered under this Replacement Plan and for approval of all Services and Benefits delivered under this Replacement Plan.</p>
  177. <p>&nbsp;</p>
  178. <h1>Replacement Benefit</h1>
  179. <p>Where Your Device is determined to be defective as a result of mechanical malfunction or defect, including battery failure, that is not covered by the manufacturer&rsquo;s warranty, or as a result of physical or liquid damage, that occurs while Your Device is covered under this Replacement Plan, American Bankers will cover the cost of funding a Replacement Device which will be provided to You by Assurant.</p>
  180. <p>&nbsp;</p>
  181. <p>&nbsp;</p>
  182. <p><strong><em>- End Of Terms And Conditions -</em></strong></p>
  183. <p><strong><em>&nbsp;</em></strong></p>
  184. <p><strong><em>&nbsp;</em></strong></p>
  185. <p><strong><em>&nbsp;</em></strong></p>
  186. <p><strong><em>&nbsp;</em></strong></p>
  187. <p><strong><em>&nbsp;</em></strong></p>
  188. <p><strong><em>&nbsp;</em></strong></p>
  189. <p><strong><em>&nbsp;</em></strong></p>
  190. <p><em>You </em><em>have specifically requested the English version of this Replacement Plan, a version of which is available in French upon request. Vous avez sp&eacute;cifiquement demand&eacute; la version anglaise de ce Contrat de service et la version fran&ccedil;aise est disponible sur demande.</em></p>
  191. <p><em>&nbsp;</em></p>
  192. <p>* For its role as distributor of this Assurant Max+Protection plan, Costco Wholesale Canada Ltd. receives compensation.</p>
  193. <p>&nbsp;</p>
  194. <p>&dagger;Assurant Services Canada Inc.,American Bankers Insurance Company of Florida, and their subsidiaries and affiliates carry on business in Canada un&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; e of Assurant&reg;. Assurant&reg; is a registered trademark of Assurant, Inc.</p>
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