1. Definitions

"We", "Us", and "Our" shall mean the obligor of this Protection Plan: Orchard Labs Inc. You may reach Us at 1-800-736-2703.
"Administrator" shall mean Orchard Labs Inc., located at 213 Sterling Rd Unit 110, Toronto, Ontario with the telephone number 1-800-736-2703.
"Protection Plan" shall mean the Orchard Care Protection Plan.
"You" and "Your" shall mean the individual or entity who purchased this Protection Plan. This Protection Plan is not transferable by You or anyone.
"Terms and Conditions" shall mean the terms and conditions covered by the Orchard Care Premium Protection Plan (the "Orchard Care Premium Protection Plan Terms and Conditions").
"Date of Purchase" shall mean the date on which the Protection Plan was purchased from Us.
"Order Summary" shall mean the written account of your original Protection Plan purchase.
"Covered Product" shall mean the single device for which You have purchased the Protection Plan. No replacement device or component thereof shall qualify for any protection under this Protection Plan or by Administrator in any way whatsoever.

“Coverage Amount” shall mean the maximum coverage amount of this Service Agreement and is equal to the replacement price of your device, less any deductible

“Deductible” shall mean the applicable deductible, if any, for claims.

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

·        - "Protection Plan Price": the price You paid for this Protection Plan, as set forth in your Order Summary;

·        - "Coverage Start Date": the date on which Your coverage starts under this Protection Plan, as set forth in Your Order Summary;

·        - "Coverage Term" or "Term": the period during which Your coverage is applicable. The Coverage Term varies depending on your payment model: if you make a $60 lump-sum payment at the point of purchase, your Protection Plan is valid for one (1) year, starting on the Coverage Start Date as set forth in your Order Summary. If you are making monthly subscription payments, your Protection Plan is valid for one calendar month starting on the date of your most recent monthly payment. You can remain covered for as long as you continue to make monthly payments or until You cancel Your Protection Plan or until We cancel Your Protection Plan, whichever occurs first. At your own discretion, you may elect to cancel your next payment, so long as you do so more than fourteen (14) days before said payment is due. Similarly, we reserve the right to cancel your payments (and by extension, your coverage) with thirty (30) days' notice; and

·        - "Coverage Amount": the maximum amount that You can claim against Us under the Protection Plan, as set forth in Your Order Summary.

2. Coverage

This Protection Plan will cover a mechanical or electrical failure of the Covered Product during normal usage for the Term of this Protection Plan. It does not replace the manufacturer's warranty, but provides certain additional benefits during the term of the manufacturer's warranty. Replacement parts will be new, rebuilt or non-original manufacturer's parts that perform to the factory specifications of the product at Our sole option.

Each claim under the Protection Plan is subject to a Service Fee plus applicable sales tax(es). The Service Fees are detailed in Section 3. Claims.

This Protection Plan provides coverage for parts and labor costs to repair or replace Your Covered Product where the problem is the result of a failure caused by:

·        - normal wear and tear;

·        - a defective original rechargeable battery, as determined by Us and at Our sole discretion. We may require You to return Your original defective battery to Us to receive a replacement battery;

·        - damaged or defective buttons or connectivity ports located on Your Covered Product;

·        - defective pixels (We will match the manufacturer's warranty for the Term of Your Protection Plan. In the absence of a manufacturer's dead pixel policy, We will cover a failure of three (3) or more defective pixels within a one (1) square inch area of the display);

·        - dust, internal overheating, internal humidity/condensation;

·        - defects in materials or workmanship; or

·        - operational failure resulting from a power surge while properly connected to a surge protector. You may be asked to provide Your surge protector for examination.

·      - cracked or damaged display screens or liquid damage;

·      - damage resulting from exposure to water and/or other liquids

This Protection Plan does not cover:

·        Any replacement device or component thereof provided under this Protection Plan

·        Any and all pre-existing conditions that occur prior to the Coverage Start Date of this Protection Plan;

·        Intentional damage;

·        Lost, stolen, or irretrievable items, whether tangible or intangible;

·        Any product that is fraudulently described or in any way misrepresented

·        Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the product in accordance with the manufacturer's specifications and owner's manual, including, but not limited to, exposure to weather conditions, failure to properly clean, maintain or lubricate, operator negligence, misuse, abuse, improper electrical/power supply, improper equipment modifications, attachments or installation or assembly, vandalism, battery leakage, act of nature (any accident caused or produced by any physical cause which cannot be foreseen or prevented, such as storms, perils of the sea, tornadoes, hurricanes, floods and earthquakes), or any other peril originating from outside the product;

·        Defects due to the initial installation, assembly or hookup of the Covered Product;

·        Cases wherein the manufacturer acknowledges the existence of a valid manufacturer's warranty and denies a claim against the manufacturer's warranty;

·        Claims made under any improperly or incorrectly purchased Protection Plan;

·        Cosmetic damage to case or cabinetry or other non-operating parts or components which does not affect the functionality or the Covered Product;

·        - product with removed or altered serial numbers;

·        - manufacturer defects or equipment failure which is covered by manufacturer's warranty, manufacturer's recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise); or

·        - failures related to shipping damage, cleaning, preventive maintenance, "No Problem Found" diagnosis, intermittent and non-intermittent issues that are not product failures (such as poor cell phone reception).

This Protection Plan covers all shipping charges to authorized service centers during the Coverage Term, including shipping to the manufacturer if the manufacturer does not cover shipping charges to their facilities.

3. Claims

To make a claim under this plan, please contact the Orchard Customer Success team at support@getorchard.com or at 1-800-736-2703 (available 9 AM – 7 PM Monday through Friday, and 10 AM – 6 PM on weekends).

Depending on the Covered Product and failure circumstances, We will either, at Our sole and absolute discretion:

·        A. repair Your Covered Product; or

·        B. provide a cash settlement or a gift card reflecting the replacement cost of a new product of equal features and functionality up to the Coverage Amount; or

·        C. replace Your Covered Product with a product of like, kind, quality and functionality

Depending on the details of your claim, it will be subject to one of the following deductibles

We may cancel this Protection Plan at Our sole discretion on the basis of nonpayment, fraud, or material misrepresentation by You. If We cancel Your Protection Plan, You will receive a pro rata refund. If We cancel this Protection Plan for nonpayment then We will provide notice at the time of cancelation.

You may also cancel this Protection Plan at Your discretion. If You cancel Your Protection Plan, You will receive a pro rata refund. To cancel your plan, please make the request in a letter addressed to:

Orchard Labs Inc
213 Sterling Rd, Unit 110
Toronto, Ontario
M6R 2B2

Limit of Liability: The total amount that We will pay for repairs or replacement made in connection with all claims that You make pursuant to the Protection Plan, or for any other reason whatsoever, shall not exceed the Coverage Amount. In the event that We make payments for repairs or replacements, which in the aggregate are equal to the Coverage Amount, or if We provide a cash settlement reflecting the replacement cost of a new item of equal features and functionality, then We will have no further obligations under the Protection Plan. No replacement device or component thereof shall qualify for any protection under this Protection Plan or by Administrator in any way whatsoever.

You may only resolve disputes related to this Protection Plan on an individual basis, and may not bring a claim against Us as a plaintiff or a class member in a class, consolidated, or representative action. You hereby waive any right to participate in a class arbitration, class action, private attorney general action, or consolidation with other actions or arbitrations in connection with the Protection Plan.

WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT.

This document and Your Order Summary set out the complete agreement between You and Us with respect to the Protection Plan. There are no other representations, warranties, or agreements between You and Us with respect to the Protection Plan.