Hipstreet Extended Care Plan

HIPSTREET EXTENDED CARE PLAN

This Agreement applies to any order, purchase, receipt, delivery or use of any extended Service Warranty (product and services collectively, “purchase”) from Kobian Canada Incor any of it’s subsidiaries or affiliatesKobian USA Inc or authorized reseller (Reseller), and you enter into a separate written agreement including registration of the product and agreeing to the terms and conditions of this agreement from the day and date, by reading the terms and conditions,accepting it and by clicking (SUBMIT), you have entered the contract with Kobian Canada Inc for HIPSTREET products,for extended warranty. THIS AGREEMENT APPLIES TO YOUR PURCHASE AND YOU NOTIFY KOBIAN CANADA INC, IN WRITING THAT YOU DO NOT AGREE TO THIS AGREEMENT WITHIN 15 DAYS AFTER YOU RECEIVE THIS AGREEMENT AND YOU RETURN YOUR PRODUCT OR CANCEL SERVICES UNDER KOBIAN CANADA INC.’S REFUND POLICY. THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE SECTION 8 BELOW.

1.PAYMENT TERMS:

Advertised prices (Annexure 1) are in U.S. Dollars and exclude shipping, handling and taxes unless otherwise noted. You are responsiblefor paying all taxes associated with your order. Kobian Canada Inc may change prices without notice to you beforeKobian Canada Inc. enters your order and may modify and substitute products and components without notice to you prior to shipping. Payment is due at the time stated on your invoice or when product is shipped unless Kobian Canada Inc Inc. has extended credit to you. Amounts not paid when due bear interestat the rate of 1.5% per month (18% per annum) or the highest rate allowed under applicable law, whichever is lower, If you financed your purchased, the loan or lease transaction is between you and the lender, independent of your purchase from Kobian Canada Inc, except that Kobian Canada Incmay, at the request of your lender, withhold technical and warranty support and other serviced from you.

2.SHIPPING AND TITLE:

Kobian Canada Inc will arrange to deliver products and service warranty to you. Title to products passes to you when Kobian Canada Inc delivers them to your desktop or approved email ID given to us. The title and risk of loss passes to you when the shipper delivers products to the address you designate. Title to software remains with the licensor or the software, your use of software is subject to license agreements applicable to the software. You must notify Kobian Canada Inc of damaged or missing updates from your order within 30 days after you receive your product.

3.RETURN POLICY:

You may return products and cancel unused services within 15 days after you receive your product or are invoiced for services. To return products and cancel services you must follow Kobian Canada Inc’s return procedures, including obtaining a return merchandise authorization (RMA).Kobian Canada Inc will refund the original price of products, unperformed services and related sales taxes. SHIPPING & HANDLING FEES (INCLUDING RELATED SALES TAXES ARE NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR PRODUCTS UNTIL KOBIAN CANADA INC. RECEIVED THEM. YOU WILL BE CHARGED SHIPPING ANG HANDLING OR RESTOCKING FEES TO RETURN PRODUCTS. Returned products must be in the same condition as you received them. You must return all pre-loaded software with the product to obtain full refund for the product, and you may only return pre-loaded software if you choose to return the product. You may return other software only if the package has not been opened. THIS RETURN POLICY IS NOT A WARRANTY.

NOTE: Kobian Canada Inc. will not accept for return any products you purchased from a Reseller. Additional restrictions may apply on certain products from KOBIAN CANADA INC Accessory Store in the Website. Please visit our Help pages for more information.

4.TECHNICAL SUPPORT:

Kobian Canada Inc will provide technical support for products at no additional charge for 30 days from the date of shipment or invoice or, if longer, the period stated in your service package. For Extended Service Warranty terms and conditions, see details. For Kobian Canada Inc(HIPSTREET) branded mobile products and accessories, the scope of technical support consists of helping you navigate the operating system and factory-installed software and restore it to the original factory configuration. In addition, during your support period Kobian Canada Inc will assist you with (i) navigate the menus in the device purchased by you from Kobian Canada Inc and (ii) troubleshooting issues associated with the software and assistance with the error messages and product support. Technical support issues beyond the scope of the basic technical support may be available under the other service packages. Kobian Canada Incprovides technical support via on-line, telephone and other methods. Kobian Canada Inc may change the means through which it provides technical support at any time. Kobian Canada Inc does not guarantee that software will be free from errors, either in Isolation or in combination with hardware.

5.PRODUCT WARRANTY:

Kobian Canada Inc warrants to the original purchaser or, for products purchased from a Reseller, to the original end-user that Kobian Canada Inc branded products will be free from defects in materials and workmanship from the date of shipment for 30 days from the date of shipment or invoice or, if longer, the period stated in the product manual of your service package. Refurbished / recertified and sold as is products, usually do not carry warranty or a very limited warranty of 30 days, as stated in the product or elsewhere. There is no extended warranty for refurbished or recertified products. During the warrant period, Kobian Canada Inc will, at its option (1) provide replacement parts necessary to repair the product, (2) replace the product with a comparable product, or (3) refund the amount you paid for the product, LESS DEPRECIATION, upon its return. To empower our customers HIPSTREET products do carry an extended warranty for certain products, which can be availed, of course at a value and price. The terms and conditions of the extended warranty and its coverage is detailed herein. Kobian Canada Inc or a third party service provider, and under a separate agreement between you and the service provider, will provide labor and parts to resolve warranty issues during your warranty period. Repair services are available at our location only, if provided as part of the service package you purchased. Kobian Canada Inc will determine how and where repair services are provided, and you may be required to deliver your products to an authorized service location, as assigned and stated. Replacement parts or products will be new or serviceably used, comparable in function and performance to the original part or product, and warranted for the remainder of the original warranty period or, if longer, 30 days after they are shipped to you. You can authorize Kobian Canada Inc to send replacement parts and products to an authorized third party service provider, but the warrantee on the services of the third party, will not be extended. Purchasing additional products fromKobian Canada Incdoes not extend your warranty period. To obtain service under this limited extended warranty, you must follow Kobian Canada Inc’s warranty procedures. IfKobian Canada Inc asks you to return the defective parts or products, you must do so within 7 days after you receive the replacement parts or products. Kobian Canada Inc will charge you for the replacement parts or products if you fail to do so. If you are a domestic Canadian customer who purchased a product directly from Kobian Canada Inc, Kobian Canada Inc will arrange to ship the replacement parts or products to and from you, and will pay the shipping costs. If you live outside Canada, the details of your warranty service may vary as described below.

THIS LIMITED WARRANTY COVERS NORMAL USE. KOBIAN CANADA INC DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, VIRUSES, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF KOBIAN CANADA INC BRANDED PRODUCTS. THIS LIMITED WARRANTY DOES NTO COVER SOFTWARE OR NON KOBIAN CANADA INC BRANDED PRODUCTS, ANY WARRANTY APPLICABLE SOFTWARE OR NON-KOBIAN CANADA INC BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.

6.SERVICES AND EXTENDED SERVICE WARRANTY:

The terms of service provided to you by Kobian Canada Inc consist of this Agreement and the additional terms stated in the separate services descriptions provided by Kobian Canada Inc. For a period of 30 days after services are performed, Kobian Canada Inc warrants that services provided by it will be performed in a professional and workmanlike manner. You should back up all your files before services are performed. KOBIAN CANADA INC IS NOT RESPONSIBLE FOR ANY LOSS OF YOUR DATA.Extended Service warranty contract will cover for the extended period desired and paid for, for all parts and labor cost of service of the product.

7.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, KOBIAN CANADA INC, DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAINED ARE LIMITED TO THE TERM OF THIS AGREEMENT. KOBIAN CANADA INC AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES AS ALLOWED BY LAW. NEITHER YOU NOR KOBIAN CANADA INC IS LIABLE TO THE OTHER, IfWE ARE UNABLE TO PERFORM DUE TO EVENTS WE ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

8.DISPUTE RESOLUTION:

You and Kobian Canada Inc agree that any Dispute between You and Kobian Canada Inc will be resolved exclusively and finally by court of Law administered by the local and provincial courts of Canada and conducted under its rules, except as otherwise provided below. The dispute resolution, or any portion of it, will not be consolidated with any other disputes and will not be conducted on a class-wide or class action basis. The disputeresolution shall be held at any reasonable location near your residence by submission of documents, by telephone, online or in person whichever method of presentation you choose. Any decision rendered in such dispute resolution proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a dispute in a forum, the court may award the other party reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, In the absence of the provision, You would have had a right to litigate disputes through a court, Including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding court order in accordance with the provisions of this paragraph.

This dispute resolution provision shall be governed by the provincial laws of Canada. For the purpose of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation on the breach, termination, applicability or validity thereof (ii) the related order for purchase, delivery, receipt or use of any product or service from Kobian Canada Inc, or (iii) any other dispute arising out of or relating to the relationship between You and Kobian Canada Inc; the terms Kobian Canada Incmeans Kobian Canada Inc, it’s parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/or third party who provides products or services purchased from or distributed by Kobian Canada Inc and the term “YOU” means you, or those in privity with you, such as family members or beneficiaries.

9.GENERAL:

You may not assign this Agreement without Kobian Canada Inc’s written consent and it subsidiaries and affiliated and intended beneficiaries of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from Kobian Canada Inc, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Kobian Canada Inc. Any additional or altered terms attached to your order shall be null and void, unless expressly agreed to in writing by Kobian Canada Inc. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the province of ONTARIO, CANADA without giving effect to conflicts of law rules.

10.PRIVACY NOTICE:

Kobian Canada Increspects our customers’ rights to privacy and will take all appropriate steps to keep your personal information confidential. You can review Kobian Canada Inc’s Privacy Policy on our website. The Privacy Policy also explains how you can update your information and elect not to receive email marketing solicitations from Kobian Canada Inc. In addition, Kobian Canada Inc obtains customer information from other companies that provide products and services to our customers. By purchasing, registering for or using other companies’ product and services that are distributed by Kobian Canada Inc, you agree that these companies may transfer your customer information to Kobian Canada Inc. Kobian Canada Inc will maintain and use your customer information in accordance with it’s Privacy Policy.

For Residents of USA:

  1. This Agreement is subject to the applicable provisions of United States consumer protection laws that cannot be derogated from by private agreement.
  2. Shipping and Title: You must comply with all applicable export laws and regulations of Canada, the United States and other relevant countries if you export the product outside Canada.
  3. Return Policy: Kobian Canada Inc does not accept for return any products purchased from a reseller. To return products to Kobian Canada Inc, contact Kobian Canada Inc- Canada Technical Support and follow the instructions you receive. In addition, in all cases, Kobian Canada Inc will be responsible foronly shipping and handling charges from Kobian Canada Inc, to the customer. Customers will be paying the one way shipping & customs fees or taxes that may be due.
  4. Language: You confirm your request that this Agreement and all documents related directly of indirectly there it be drafted in the English language. Vous reconnaissez avoir requis que la presente convention ainsi que tous les documents qui s yrattachenet directement ou indirectenent soient rediged en langue anglaise.

For Residents of Mexico:

  1. Shipping and Title: You must comply with all applicable export laws and regulations of Mexico, the United States and other relevant countries if you export the Product outside of Mexico.
  2. Return Policy: Kobian Canada Inc does not accept for return any products purchased from a reseller. To return products to Kobian Canada Inc, contact Kobian Canada Inc Canada Technical Support and follow the instructions you receive. To return a product purchased directly from Kobian Canada Inc in the United States, contact Kobian Canada Inc Support in Canada and follow the instructions you receive. In all cases, Kobian Canada Inc will be responsible for only one way shipping and handling charges from Kobian Canada Inc or paying or refunding customs fees, taxes, of VAT that may be due.

For All International Customers:

The standard warranty stated above also applies to Kobian Canada Inc products shipped to a country outside the Canada and United States, provided the customers outside the United States and Canada are responsible for paying all freight charges incurred in shipping, importing/exporting and receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to the Kobian Canada Inc.All international customers are responsible for all custom duties, VAT and other associated taxes and charges.

Please send correspondence about this Agreement to:

Kobian Canada Inc

Customer Services Department

Address: 560 Denison Street, unit # 5, Markham, ON-L3R2M8, Canada

Attn: Warranty Services

Tel: 1-888-456-2426    Fax: 1-905-948-1601

Website: www.hipstreet.com

E-mail: care@hipstreet.com

Copyright- (HIPSTREET), KOBIAN CANADA INC

- E & O E.

- For better understanding of the agreement and terms and conditions, please refer to the product specific related service agreements for the specific product and privacy policy statements, in the official website of www.hipstreet.com. This agreement with all it addendums and annexure forms the whole contract and this service warranty contract should not be read in isolation.