IMS Care Premium Protection Plan

The following terms are used in these Terms and Conditions and Your Order Summary:

If You make a $60 lump-sum payment, plus applicable taxes, at the time of purchase, Your Protection Plan is valid for one year beginning on the Coverage Start Date stated in Your Order Summary.

If You make monthly subscription payments, Your Protection Plan is valid for one calendar month beginning on the date of Your most recent successful monthly payment. Coverage will continue for as long as You continue making monthly payments, until You cancel the Protection Plan, or until IMS cancels the Protection Plan, whichever occurs first.

You may cancel Your next monthly payment by providing notice more than 14 days before the payment is due.

IMS reserves the right to cancel future payments and coverage by providing 30 days' notice, except in cases involving non-payment, fraud, or material misrepresentation.

• "Protection Plan Price" means the price You paid for this Protection Plan, as stated in Your Order Summary.
• "Coverage Start Date" means the date on which Your coverage begins under this Protection Plan, as stated in Your Order Summary.
• "Coverage Term" or "Term" means the period during which Your coverage is active.
• "Coverage Amount" means the maximum amount You may claim from IMS under the Protection Plan, as stated in Your Order Summary.

This Protection Plan covers qualifying mechanical or electrical failures of the Covered Product during normal use within the Coverage Term.

The Protection Plan does not replace the manufacturer's warranty. It provides certain additional benefits during the manufacturer's warranty period and for the remaining Coverage Term.

At IMS's discretion, replacement parts may be new, rebuilt, refurbished, or compatible non-original manufacturer parts that perform substantially according to the Covered Product's applicable factory specifications.

Each approved claim is subject to the applicable Deductible plus applicable sales taxes. The Deductibles are detailed in Section 3.

IMS may require You to return the original defective battery before receiving a replacement battery.

IMS may also require You to provide the surge protector for inspection when submitting a power-surge claim.

• normal wear and tear;
• a defective original rechargeable battery, as determined by IMS;
• damaged or defective buttons;
• damaged or defective charging, audio, or connectivity ports;
• defective pixels;
• dust affecting the internal operation of the Covered Product;
• internal overheating;
• internal humidity or condensation;
• defects in materials or workmanship;
• an operational failure caused by a power surge while the Covered Product was properly connected to a surge protector;
• a cracked or accidentally damaged display screen;
• accidental liquid damage; or
• accidental exposure to water or other liquids.

To make a claim under this Protection Plan, contact the IMS Customer Success Team at support@internationalmobile.ca or +1 613-845-0444.

Do not ship the Covered Product until You receive authorization and shipping instructions from IMS.

Depending on the Covered Product, the type of failure, and the circumstances of the claim, IMS may, at its discretion:

• Your Order Summary;
• proof of purchase;
• the Covered Product's serial number or IMEI;
• photographs or videos of the damage;
• a description of the failure and how it occurred;
• the results of reasonable troubleshooting steps; or
• the Covered Product for inspection.

1. repair Your Covered Product;
2. provide a cash settlement or gift card reflecting the replacement cost of a product with equivalent features and functionality, up to the Coverage Amount; or
3. replace Your Covered Product with a product of comparable type, quality, features, and functionality.

The total amount IMS will pay for repairs, replacements, cash settlements, gift cards, or other approved benefits relating to all claims under the Protection Plan will not exceed the Coverage Amount.

The cost of every approved repair, replacement, or settlement reduces the remaining Coverage Amount.

IMS will have no further obligations under the Protection Plan when the total value of approved repairs or replacements reaches the Coverage Amount, IMS provides a replacement device, IMS provides a cash settlement or gift card, the Protection Plan expires, or the Protection Plan is cancelled.

No replacement device or component provided under the Protection Plan will qualify for additional protection unless IMS expressly confirms otherwise in writing.

You are responsible for backing up and removing Your personal information before submitting the Covered Product for repair or replacement.

Nothing in these Terms and Conditions excludes or limits any liability or consumer right that cannot legally be excluded or limited.

• property damage;
• lost time;
• loss of use;
• lost income;
• loss of business; or
• loss of photographs, contacts, messages, applications, files, or other data resulting from the failure, repair, replacement, or loss of any product.

Nothing in this Protection Plan limits any right or remedy available to You under the Ontario Consumer Protection Act, 2002 or other applicable law.

You may commence or participate in a court or class proceeding where permitted by applicable law. After a dispute arises, You and IMS may voluntarily agree to mediation, arbitration, or another lawful dispute-resolution process.

These Terms and Conditions are governed by the laws of Ontario and the applicable federal laws of Canada.

These Terms and Conditions and Your Order Summary constitute the complete agreement between You and IMS concerning the Protection Plan.

There are no other representations, warranties, or agreements between You and IMS concerning the Protection Plan unless confirmed by IMS in writing.

If any provision of these Terms and Conditions is determined to be unlawful or unenforceable, that provision will be limited or removed only to the extent required by law. The remaining provisions will continue to apply.