ONE CLICK ROOT END USER LIMITED WARRANTY AGREEMENT
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This Agreement governs the terms of your use of the limited warranty products of Wold Tech Media (“Company”). You (“Customer”) expressly agree that this document governs your usage, purchase, or any claims which you may have concerning the limited warranty products which the Company lists in this website.
1. Limited Warranty
The Company warrants that subject to the terms and conditions of this contract, including the fulfillment of essential obligations and previous full payment and confirmation by the Customer, it shall provide a limited warranty to repair or replace the Android device of a Customer whose warranty claim under its existing warranty with its manufacturer was denied solely due to acts of “Rooting” as defined in this Contract. In all cases, the period of this limited warranty can only be as long as the remaining period of the existing warranty of the Android device with its original manufacturer, and in no case shall be more than 1 year.
The fee for the limited warranty under this contract, and for the particular Android device covered, shall be dependent on the assessment of the Company, and will be communicated to the Customer for his acceptance. The term of coverage of this limited warranty shall not commence until the Company receives in full the payment from the Customer. All charges for coverage shall be paid upon the signing of this agreement and shall be non-refundable once paid.
3. Prerequisite Conditions for Obtaining Service
Before any replacement of an Android device can be made by the Company under this agreement, it shall be an absolute condition for the Customer to be able to present a written denial from the manufacturer of the Android device of the Customer which expressly denies the warranty claim of the Customer specifically due to reasons of “Rooting”. If the Customer is unable to present this written denial, or if the denial of the Customer’s warranty claim from the manufacturer is for reasons other than Rooting, then no claim whatsoever can be made from this limited warranty.
Upon presentation of the valid written denial of warranty due to Rooting from the manufacturer, and upon verification of its authenticity in the sole discretion of the Company, the Company will verify the existing limited warranty and details of the Customer with the Company. The Company will then require the Customer to ship the actual unit in order to assess the Android unit’s condition.
The Customer hereby irrevocably agrees that the Company may open or inspect the Android unit shipped by the Customer to it, in accordance with this provision, as it sees fit in order to assess its condition. If, in its sole discretion, the Company determines that that the unit qualifies for the limited warranty, it may decide to replace the unit and ship the same to the Customer within 2 weeks upon giving notice of the results of inspection to the Customer.
In its sole discretion, the Company may also choose to repair the unit instead. If repair is chosen, the repaired unit will be shipped to the Customer once repair has been finished.
All fees relating to shipping if an Android unit is replaced or repaired shall be borne by the Customer.
The limited warranty under this agreement, apart from the mentioned pre-requisite conditions for obtaining service, only covers Android devices whose warranty claim with their principal manufacturers was denied solely because their device was Rooted. If the warranty claim with the manufacturer was denied for reasons other than “Rooting”, or would have been denied otherwise for reasons or defects other than being Rooted, in the Company’s sole assessment or discretion, then this limited warranty shall not apply.
Thus, this warranty does not cover any damages, malfunction, non-operation, limitation, accidents, theft, negligence, acts of force majeure, or any defects in the Android device which is not covered by the existing manufacturer’s warranty of the Android device of the customer. Apart from this, any claim under this limited warranty assumes the presence of an existing warranty of the covered Android device with their manufacturers.
Moreover, the following are not covered by this limited warranty:
- Any normal wear and tear of the Android Device
- Any loss due to theft
- Any loss or defect caused by or worsened by negligence, improper maintenance, lack of maintenance, improper action or inaction, or willful or malicious acts by any party.
- Loss or damage caused by acts of God, including but not limited to fire, explosion, smoke, water, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, and earthquakes.
- Any defect or damage that is not covered by a manufacturer’s warranty.
- Failure of Customer to take timely action to minimize loss or damage
Rooting, in the context of this contract, involves the process of allowing the tablet, smartphone, or device running an Android mobile operating system to achieve privileged control or root access in the Android’s system. For the purposes of this limited warranty, the Company has the final and sole discretion to determine or declare if a device has actually been Rooted.
6. Limitation of Liability
By using this website or the services of the Company, the Customer hereby agrees to release the Company from any claims or liabilities, whether judicial or extrajudicial, criminal, civil, or administrative in nature, which may arise from the Customer’s use of this site, or the services of the Company. Should a Court of law determine that this particular provision should be limited further, then the Customer agrees that the total maximum liability of the Company for all the Customer’s claims shall only be up to $500, or the actual fee paid by the Customer, whichever is lower.
7. Warranties By The Customer
In using the website or the services of the Company, the Customer warrants that it will resort to any illegal or immoral act. As such, the Customer warrants that it will not initiate any false or fraudulent claims against its limited warranty with the Company, nor will it submit any false or fraudulent information, or documentation in order to support its claim. The Customer warrants that if it naturally does not have a claim under the limited warranty covered by this agreement, then the Customer will not create or falsify information simply to manufacture or force a claim.
The Customer agrees that in the event of any violation of this agreement, the terms and conditions and privacy policies of this website, a violation of any law, or even these warranties, then the Company can immediately deny the claim of the Customer.
8. Choice of Law and Jurisdiction
Any dispute concerning the interpretation of this agreement, or any claims or court actions arising from the same, shall be commenced only in the State of New York, to the exclusion of all other venues or jurisdictions. The Customer agrees that should the Company delay in the enforcement of its rights, this shall not be construed as a waiver of the Company’s right to immediately enforce its claims.
March 19, 2015