Coconut Care Terms and Conditions

Coconut Care

Protection for Mobile Devices

Warranty Service Terms and Conditions

 

Subscription Price

Price of Replacement of Parts or Device

Non-Return of the Loan Device

Coconut Care

$9.95 monthly

Maximum $450

Up to $500

Coconut Care Plus

$14.95 monthly

Maximum $450

Up to $500

Coconut Care Quattro

$29.95 monthly

Maximum $450

Up to $500

 

Duration of the plan: Subscription lasts from the date it is put into effect until it is cancelled.

  • For a complete list of eligible devices and their level of coverage, contact a Coconut sales representative or call customer service at 1-(833)-974-6835.
  • If you choose to have your device delivered during the night, you will be charged an additional fee of $15.00. If you choose Saturday delivery, you will be charged an additional fee of $20.00 in addition tothe nighttime fee of $15.00.
  • Fees for returning the device from outside of Canada will be at your own expense.
  • For a full list of plans and their costs, contact a Coconut sales representative or visit coconut.com.
  • All fees are subject to applicable taxes. All prices are in Canadian dollars.

 

  • This plan is available for registration on June 3, 2020 at 01:11 Eastern time zone for those who are eligible to register.

 

As used herein, "We" and "Our" refer to COCONUT, the company bound by this Agreement. "You" makes reference to Coconut Care members who have purchased a subscription. This subscription is bought and regulated according to the laws of the province identified in your billing address in Coconut's files and applicable Canadian federal laws

 

Subscription to the device protection plan. The following general conditions of the warranty service, as well as your monthly subscription fees billed to your credit or debit card in Our file ("monthly subscription fees"), the registration confirmation email, and the applicable written communications from Us to You constitute collectively Our agreement (the "Agreement"). The contract controls the plan, so you should keep the information.

Conditions of warranty and all other documents that make up the agreement for future reference.

 

Definitions: (1) "COCONUT" refers to Coconut and its successors and assigns, with its address at 8777 route Transcanadienne, Saint-Laurent, QC, H4R 2P1. (2) "Covered equipment" refers to the eligible wireless device owned or leased by you. The covered device is limited to one IMEI. Eligible wireless devices and covered accessories per replacement. Manufacturer's International Equipment Identification (IMEI), Electronic Serial Number (ESN) or Mobile Equipment Identification (MEID) of the qualifying wireless device associated with your account on MEMBER records COCONUT the moment your coverage first becomes effective.

 

(1) "Covered accessories" refers to the standard accessories from the original packaging of the device. (2) "Eligible cordless device(s)" refers to the wireless device that We have deemed eligible for service under the Plan as indicated in the list of devices and wireless equipment, which can be found at our website, coconut.com. (3) "Failure" refers to operational or structural malfunctions due to default in parts or workmanship, or accidental physical or liquid damage. "Replacement equipment" refers to a wireless device of the same type and quality with comparable characteristics and functions to the covered one, which you will receive in the case that the covered equipment fails. (5) "Date effective" refers to the date your subscription is received by Us or Our authorized representative. If you make the subscription for your device at the same time you buy it from us, the coverage begins immediately. If you make the subscription for your device after its initial sale, your wireless device will not be eligible for repairs or replacement for complete failure for the first thirty days following the subscription. We reserve the right to inspect Your non-new device before you subscribe and to refuse to cover it. (8) The "Plan" refers to the program to which You are subscribed and which is described in the Agreement. (6) "Device protection plan" refers to the warranty service offering repairs or replacements for the Failure of Covered equipment.

 

What is covered. If the covered equipment suffers a failure during the time the contract is valid, at our discretion only, we will replace or repair the covered equipment. If a Failure affects a Covered Accessory at the same time as a Failure of the device, or if the covered device is replaced by a different model, we will also replace or repair the covered accessories. The covered equipment will be replaced or repaired by a cordless device of the same type and quality, with the same characteristics and functions as the covered equipment. THERE IS NO GUARANTEE THAT THE REPLACEMENT EQUIPMENT WILL BE IDENTICAL OR OFFER THE SAME FUNCTIONS OR BE THE SAME COLOR AS THE DEVICE THAT IS REPLACED. THE REPLACEMENT DEVICE WILL BE NEW, USED, OR RESTORED, AT OUR DISCRETION.

 

The replacement equipment becomes the covered equipment as soon as it is delivered to You. If We replace Your equipment under the plan, the covered equipment that we replace becomes the property of COCONUT CARE and you cede to us all the rights and advantages of all manufacturer warranties or coverage of any accessories related to the covered equipment that we replace.

 

Manufacturer warranty. The plan complements and may overlap with the manufacturer warranty, which is generally in effect for a year, beginning the date your device is bought. Individual devices may have a manufacturer warranty that is longer or shorter. During the period the manufacturer warranty is in effect, the plan offers coverage for certain failures that the manufacturer will not cover. Refer to the manufacturer guarantee that came with your wireless device or is on the manufacturer website in order to understand what protection is offered and how long the warranty will last. Subject to applicable law, your device may also be covered by certain quality standards.

 

Agreement. You accept all of the conditions of the contract, including, but not limited to, these service warranty terms and conditions, while You are on the Plan and/or are paying for it. Subject to applicable laws, we can modify the monthly plan fees, plan administration, or the general conditions of the warranty service guarantee from time to time upon notice written at least thirty (30) days in advance. Such a notice may be sent via one of the following methods: email, text message, in a separate shipment, or in any other reasonable manner, at Our discretion. The message will indicate clearly and legibly the date effective and either only the new clause, or both the modified and original clauses. You can refuse the modification and terminate the Agreement, without fees or penalty, by sending Us a notice at most thirty (30) days after the date effective of the modification. Your non-responsiveness and payment of fees after the notice constitutes your agreement to the changes. Your participation in the Plan is optional, and you can cancel the Plan at any time. Refer to the section Cancelation of the Agreement.

By accepting the coverage provided by this program, you authorize Coconut to (i) disclose subscriber information required for the purpose of validating complaints and (ii) debit your credit/debit card on file, or the replacement card issued by the payment card issuer for the card on file, which may include up-to-date validated card information including, but not including '' limit, the expiration date(s), card number(s) and security code(s), as received by your financial institution in accordance with applicable law. You expressly authorize and accept that Coconut has to obtain information from the financial institution concerning an expired credit/debit card and authorize the replacement credit/debit card to be charged at the applicable monthly subscriber fee.

 

Contractual service period. The plan continues from the effective date until it is canceled. Your services under the Plan begin on the effective date and continue from month to month, except in the event of termination by you or by us in accordance with the Cancellation section of the contract. We will cease all monthly Plan costs at that time.

 

Fees. You agree to pay your monthly subscription fees under the same terms and conditions laid out in the contract. Applicable costs for the replacement service, fees for non-covered failures, shipping and replenishment fees, taxes and regulation surcharges and assessments, if any, may be added to your monthly subscription charges or, at our sole discretion, collected from you prior to the provision of replacement equipment.

 

To make a claim. In the case that covered equipment fails, you can request service by calling 1- (833) -974-6835 or visiting Coconut.com. You must file the request within sixty (60) days of the failure. If failure is not reported within sixty (60) days, Your service request will be forfeited and no replacement equipment will be available under the contract. You must provide us with all the information we require to approve the replacement of Covered Equipment and you must pay your replacement service charge within sixty (60) days of reporting the failure. If your service request is approved, we will provide the replacement equipment within 2-10 business days. Failure on your part to provide us with the necessary information and to pay the replacement service charge within sixty (60) days from the date you report the defect to us will result in the loss of your service request. WE MAY REQUIRE, AS A CONDITION FOR APPROVAL OF YOUR SERVICE REQUEST, THAT YOU PROVIDE PROOF OF PURCHASE OR RENTAL FOR THE COVERED EQUIPMENT AND/OR IDENTIFICATION WITH A PHOTO ISSUED BY YOUR GOVERNMENT, A COPY OF YOUR WIRELESS INVOICE, AND/OR OTHER DOCUMENTS OR INFORMATION REASONABLY NECESSARY TO ASCERTAIN YOUR IDENTITY AND YOUR RIGHT TO SERVICE. We also reserve the right to inspect Covered Equipment as a condition of approving your service request.

 

Replacement fees. Non-reimbursable service fees/replacement fees apply to each replacement of approved parts or devices:

Subscription price

Price to replace pieces or device

Non-return of the loan device

$9.95

Maximum $450

Up to $500

$14.95

Maximum $450

Up to $500

$29.95

Maximum $450

Up to $500

 

Replacement service charges may be included with your monthly subscription charges or, at our sole discretion, collected from you prior to providing replacement equipment. A complete list of qualifying wireless products is available if you visit coconut.com or by calling 1- (833) -974-6835.

 

Limits on service. From the effective date, the contract will cover an unlimited number of replacements of covered equipment due to an incident during the subscription. For all service requests, We will cover the cost of replacement or repair up to a maximum retail value of $1,600 per service request, including accessories.

 

Return charges for replacement equipment or unreturned equipment. Covered equipment approved for replacement is returned at our expense. This excludes covered equipment shipped outside of Canada. You will therefore receive your replacement equipment within forty-five (45) days of the request. The cost of shipping the device back from outside of Canada will be your responsibility. Any Covered Equipment We replace becomes the property of COCONUT and You hereby assign to Us all rights and benefits of any manufacturer's warranties or other ancillary coverage relating to any Covered Equipment that We replace. If we do not receive your original equipment within forty-five (45) days of delivery of the replacement equipment, you will be billed an unreturned equipment charge of $500. YOU CAN AVOID THIS BY SIMPLY RETURNING THE FAILING PROPERTY AS SHOWN.

 

YOU ARE SOLELY RESPONSIBLE FOR DELETING ALL PERSONAL DATA FROM A DEVICE BEFORE IT IS RETURNED.

 

What isn't covered.

The Plan does not cover:

(1)Incidental or consequential damages, unforeseen and unforeseeable damages at the time of the Contract, or indirect damages when the obligation does not result from our serious fault; (2) failures caused by war; revolution; acts of public enemies or terrorists; labor difficulties, including, but not limited to, strikes, slowdowns, picketing or boycotts; civil unrest; embargo, acts of government or military authority; (3) abuse, poor use, or intentional actions; (4) Pre-existing Failures of the Covered Equipment that occurred before it was determined to be Covered Equipment; (5) changes or improvements in color, texture, finish, expansion, contraction or any cosmetic damage to the Covered Equipment however caused, including, but not limited to scratches and cracks, which do not affect the mechanical or electrical function of the covered equipment; (6) Failure of Covered Equipment caused by computer viruses or similar unauthorized codes or intrusive programming.

 

In addition, the covered equipment does not include, and the plan does not cover:

 

(1) contraband or goods used in the context of illegal transport or trade; (2) Property in transit to you from anyone other than us; (3) Routine maintenance and consumable items, such as batteries (a standard battery will be provided with Replacement Equipment if the Replacement Equipment is a different model than the Covered Equipment or if the battery was part of the fault.) (4) Antennas, unless there is also a failure of the Covered Equipment; or (5) Any accessory (unless otherwise specified as a covered accessory in the case of a failure of the covered equipment), including, but not limited to, color faceplates, personalized data or personalized software, such as personal information managers (PIMs), ringtones, games or screensavers; (6) Any data or personal information contained on the Covered Equipment.

 

Cancelation. You can cancel the Agreement at any time for any reason by calling us at +1 (833) 974-6835 to request cancellation.

 

If you are in Quebec or Newfoundland and Labrador, we may terminate the contract for any reason by notifying you in writing at least sixty (60) days before the effective date of the cancellation; the notice must indicate the effective date and the reasons for the cancellation. For other provinces, we may terminate the contract for any reason by notifying you in writing at least thirty (30) days before the effective date of the cancellation date, with the notice indicating the effective date and the reasons for cancellation. We may terminate the contract immediately if you breach any of your obligations, including, but not limited to, failure to pay your subscription fees on a timely basis, commission of fraud or internationally, concealment or misrepresentation of any material fact about your registration, your covered equipment, or your service request.

 

 

If you or we terminate the contract, we will refund your subscription fees for the remainder of the term of the contract, pro-rated by month on a daily basis. We will also end all monthly fees for the plan from the effective date of the cancellation.

 

 

Prohibited subscription. Subject to applicable law, if we determine that a device other than an eligible wireless product has been enrolled in the Plan, We may cancel the Agreement by notifying You in writing. In the event of  a prohibited subscription, we will refund all monthly subscription fees paid, minus the value of any replacements received.

 

 

Electronic delivery. You expressly and knowingly agree and consent to allow us to make disclosures and provide you with notices in electronic form, including, but not limited to, email and text messaging, in lieu of providing such notices and disclosures on paper by mailing and that such disclosures and notices will constitute our written notice. Your consent and agreement relates to all forms, disclosures and notices required under applicable law and will remain valid until you can exercise your right to revoke that consent by notifying COCONUT.

 

 

Limits of responsibility. The following clause applies to all provinces except for Quebec: In the event of error, omission or failure by Us or Our agents or service providers with respect to the Plan or the services provided: OUR RESPONSIBILITY AND THAT OF OUR AGENTS AND SERVICE PROVIDERS WILL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU FOR THE PLAN (BUT NOT MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY FEES YOU PAID FOR THE PLAN). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURES BY US OR THE PERFORMANCE OF OUR AGENTS OR SERVICE PROVIDERS. FURTHERMORE, IN NO EVENT WILL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY ECONOMIC, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OR ADVISED) THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OUR AGENTS' PLAN OR SERVICE PROVIDERS' PERFORMANCE UNDER THE PLAN OR ANY PROVISION OF THE CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF INCOME OR ANTICIPATED PROFITS OR LOSS OF BUSINESS. AS EXPRESSLY STATED IN THE AGREEMENT OR AS REQUIRED BY LAW, WE SPECIFICALLY DISCLAIM ANY LEGAL CONDITIONS, REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PLAN AND SERVICES TO BE PROVIDED HEREIN BY US AND OUR AGENTS, SERVICES OR SUPPLIERS INCLUDING ANY IMPLIED WARRANTIES OF OWNERSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM THE COURSE OF TRADING OR THE COURSE OF EXECUTION.

 

 

Limits of responsibility. The following clause applies in Quebec only: Except in the case of damages resulting from Our own doing or from Our agents or service providers with regard to the subscription to the device protection plan or the services provided by us or our agents or supplier services below: OUR LIABILITY AND THAT OF OUR AGENTS AND SERVICE PROVIDERS WILL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION PLAN CONTRACT (BUT NOT MORE THAN TWENTY-FOUR (24 ) LAST MONTHLY FEE YOU PAID FOR THE DEVICE PROTECTION PLAN CONTRACT). IN SUCH CIRCUMSTANCES WE OR OUR AGENTS OR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES, ECONOMIC LOSSES, CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR PROVIDERS OF SERVICES PROVIDED FOR THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE EQUIPMENT PROTECTION PLAN CONTRACT OR THE PERFORMANCE OF OUR AGENTS OR SERVICE PROVIDERS UNDER THE EQUIPMENT PROTECTION PLAN OR ANY PROVISION OF THIS CONTRACT SUCH AS BUT NOT LIMITED TO, LOSS OF REVENUES OR ANTICIPATED PROFITS OR LOSS OF BUSINESS.

 

 

Force majeure. We are not responsible for delays or failures due to force majeure; fire; flood; explosion; war; revolution; enemy or terrorist acts; public law; labor difficulties, including, without limitation, strikes, slowdowns, picketing or boycotts; civil unrest; embargo; acts of government; military authority; or the elements, or other causes beyond our reasonable control, and in such event, we may immediately terminate the subscription.

 

 

Transfer and abuse of the plan is forbidden. The Plan is for Your use only. It is not transferable to any other person and cannot be assigned to anyone by You. Wireless devices owned or leased by someone other than you cannot be considered covered equipment. Any abuse of the Plan by You, including, but not limited to, seeking a replacement for a wireless device not owned by You, may result in termination of the Plan upon notice.

 

 

END OF TERMS AND CONDITIONS

COCONUT