Terms Of Coverage

  1. By purchasing this home service plan (the “Plan”), and making payment for this Plan, you acknowledge that you have carefully read, understand, and agree to the terms of coverage set forth herein (these “Terms of Coverage”). Please retain this document for your record. These Terms of Coverage, along with the Terms of Service on https://www.papabo.hk/ (the “Site”), the Privacy Policy on the Site, your receipt for payment and your application, constitute the entire agreement between the parties to this Plan inclusive of all obligations and duties.

  2. Throughout these Terms of Coverage, the terms “we,” “us” and “our” refer to Papabo Limited (“Papabo”) and the terms “you” and “your” refer to you, the Plan holder, as identified on your application and/or receipt for payment.

General Provisions

    Coverage

    1. This Plan covers routine maintenance by third party service providers (“Servicer(s)") of the following systems and items:

      • 3.1

        electric window type air conditioning units or non-ducted mini-split air conditioning systems, with a power output not exceeding [*] horsepower;

      • 3.2

        toilet tanks, bowls and related mechanisms, wax ring seals; valves for shower, tub, and diverter, angle stops, risers and gate valves, permanently-installed sump pumps (ground water only), built-in bathtub whirlpool motor, pump, and air switch assemblies; and

      • 3.3

        electrical components and parts including general wiring

    1. This Plan does not cover anything which is not included under Clause 3 and, specifically, the following:

      • 4.1

        central air conditioning systems, electric or gas central heating systems,heat pumps, secondary or portable cooling systems, chillers; pumps, and lines; PTAC systems; alternative energy systems and their control systems unless optional coverage is purchased; water source heat pumps, fossil fuel control systems and other energy management systems and controls (including computerized equipment connected to the internet); dampers; filters (including electronic/electrostatic and de-ionizing filter systems), electronic air cleaners, outside or underground piping, flues and vents, condenser casings, evaporated cooling pads, roof jacks or stands, smart thermostats and smart vents, pre-coolers, drain pans, condensate line stoppages, plenum, transition, water towers, air conditioning with improperly sized systems;

      • 4.2

        water seepage, leaks and breaks of water, drain, gas, waste or vent lines, whether originated from your flats or other flats, lines broken, infiltrated or damaged by freezing, roots, or foreign objects, basket strainers, bathtubs, sinks, faucets, shower arms and showerheads, showers and shower enclosures and base pans, toilet lids and seats, caulking or grouting, water softeners and water filtration/purification system, pressure regulators, inadequate or excessive water pressure and flow restrictions in fresh water lines, additional costs to locate leaks or other problems, backflow prevention devices, battery-powered sump pumps, sewage ejector pumps and well pumps, holding or storage tanks, whirlpool jets, hose bibs, frost free line, sink or tub stoppers, fire suppression systems;

      • 4.3

        clearing of sink, bathtub, shower, and toilet stoppages, clearing of mainline drain and sewer stoppages,clearing of lateral drain line;

      • 4.4

        meter boxes; doorbells; lighting and fan fixtures; inadequate wiring capacity; audio/video/computer/alarm or security wiring or cable; power failure or surge; direct current (DC) wiring or components and/or low voltage systems including wiring and relays; control panels; circuit overload; radon monitoring system; solar components; conditions of inadequate wiring capacity or overload;

      • 4.5

        water heaters;

      • 4.6

        any system or item which can only be accessed through thechiselling, modification, removal, knocking down, drilling or destruction of any walls, floor coverings, ceilings, or cabinets;

      • 4.7

        any wooden work;

      • 4.8

        any painting work;

      • 4.9

        any system or item which is damaged otherwise than by fair wear and tear;

      • 4.10

        any work which requires a major spare part or replacement component;

      • 4.11

        any system or item which is not within the perimeter of the flat registered with Papabo by you;

      • 4.12

        any system or item already covered by a manufacturer, distributor, builder, extended warranty, or homeowner’s insurance policy;

      • 4.13

        any work involving structural modification of the flat;

      • 4.14

        used items installed after the Plan Effective Date (as defined hereinbelow);

      • 4.15

        known defects that existed on or before the Plan Effective Date;

      • 4.16

        failure of parts or components caused by the lack of manufacturer recommended maintenance;

      • 4.17

        secondary, consequential, or incidental damage resulting from the malfunction of any covered item, such as, but not limited to, food spoilage, loss of income, utility bills, additional living expenses, or the restoration or repair of walls, ceiling, flooring, cabinets, countertops, or painting;

      • 4.18

        any consumable part, including but not limited to light bulbs, fuels, filters (including carbon media), remote controls or batteries or failure due to batteries;

      • 4.19

        any removable components and components which do not affect the primary function of the system or item concerned;

      • 4.20

        electronic or computerized home management systems such as but not limited to energy, lighting, comfort, appliance, or pool management systems; and

      • 4.21

        damage to, failure of, or defect in cosmetic or non-operational components that do not inhibit the proper operation and performance of a covered item such as, but not limited to, appearance parts or decorative finishing.

    1. This Plan only covers items that were installed on the premises as of the date you completed the registration, purchase and payment of this Plan (the “Plan Effective Date”). Systems or appliances that were installed after the Plan Effective Date must be registered with Papabo to be covered by this Plan.

CLAIMS PROCESS

  1. You must notify Papabo of any malfunction of a covered system or appliance via our website or our mobile applicationas soon as the problem is discovered, and prior to the expiration date of this Plan, for covered work to be performed under this Plan.

  2. Papabo has the sole right to select and arrange a Servicerto perform work covered by this Plan. Only work authorized and arranged by Papabo is covered by this Plan. We will not reimburse you for service performed by your own contractor without our prior authorization.

  3. Under normal circumstances, if you report a malfunction of a covered system or appliance on normal business daysat normal business hours, we shall endeavour to contact you within [4] hoursto schedule a mutually convenient appointment during normal business hours on a normal business day to perform the repair.For the avoidance of doubt, if the period of [4] hours mentioned above does not expire before the end of normal business hours of that particular day, the said period shall cease to run and shall resume at the beginning of normal business hours on the next business day. In these Terms of Coverage, the term “business day” means a day, excluding public holidays, Saturdays and Sundays, on which banks in Hong Kong are open for business throughout their normal business hours, and the term “normal business hours” shall mean 9:30a.m. to 5:30p.m.

  4. If you reports a malfunction after normal business hours or on a non-business day, then unless agreed expressly otherwise, the report shall be deemed to be made at the beginning of normal business hours on the next business day.

  5. Except as expressly agreed otherwise in writing, Papabo or any Servicershall have no obligation to provide any services to the you outside normal business hours or on non-business days.

  6. You agree and acknowledge that the actual response time by Papabo is dependent on the availability of a Servicer. If no Servicer is reasonably available to Papabo at the time of your notifying us of the malfunction, the timeline stipulated under Clause 8 shall not run unless and until a Servicer becomes reasonably available to Papabo. If the Servicer only agrees to perform the service on an additional charge, you will be responsible for any such additional fees, including without limitationovertime pay.

  7. This Plan does not cover the out-of-pocket expenses or disbursements reasonably incurred by Papabo or the Servicer in the course of arranging or performing the maintenance and/or repair work, including without limitation costs for replacement parts and components. Failure to pay these costs could result in suspension or cancellation of this Plan.

YOUR OBLIGATIONS

  1. You shall:

    • 13.1

      at all times keep the covered items or systems in the environmental conditions recommended by the manufacturer of the items or systems;

    • 13.2

      use the covered items or systems only in accordance with such instructions and recommendations relating to the care and operation of the covered items or systems as may be issued by the manufacturer of such items or systems or as may from time to time be advised in writing by the Papabo or any Servicer assigned by it; and

    • 13.3

      shall ensure that Papabo and any Servicer assigned by it have full and free access to the covered items and systems and to any records of its use kept by you to enable Papabo or the Servicer to perform its duties.

    • 13.4

      provide Papabo and any Servicer with such information concerning the covered item or system, its application, use, location and environment as Papabo or the Servicer may reasonably request to enable it to carry out its duties; and

    • 13.5

      take all such steps as may be necessary to ensure the safety of any of the representatives of Papabo or any Servicer assigned by it who visitsyour premises.

LIMITATION OF LIABILTY

  1. You expressly understand and agree that, except in respect of death or personal injury caused by Papabo’s negligence, Papabo will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Papabo has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting fromthe use or the inability to use the service provided by Papabo or any Servicer or any other matter relating to such services. In no event will Papabo’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Papabo in the last six (6) months, or, if greater, HK$[*].

  2. Papabo is not responsible for any upgrades, components, or parts required due to the incompatibility of the existing equipment with the replacement system, appliance, component, or part thereof or new type of material or chemical utilized to run the replacement equipment, including, but not limited to, differences in technology, refrigerant requirements, or efficiency as mandated by any foreign or domestic federal, state, provincial, municipal, county, city or local legislative, administrative or regulatory authority, agency, court, body or other governmental or quasi-governmental entity with competent jurisdiction, including any supranational body.

  3. Papabo is not responsible or liable for performing service, or paying remediation costs, involving toxic or hazardous substances or problems caused by pathogenic organisms including but not limited to mold, mildew, fungi, spores, bacteria, virus, yeast, and mycotoxins.

  4. Papabo is not liable for failure to provide timely service due to conditions beyond its control including, but not limited to, delays in obtaining parts, or equipment and labor difficulties.

  5. Systems and appliances that are installed at your premises any time after the Plan Effective Date are not covered by this Plan.

  6. Except in respect of death or personal injury caused by Papabo’s negligence,neither we nor our vendors, suppliers or licensors are liable for any direct or indirect damages arising out of or in connection with any: (a) act or omission by you, or another person or company; (b) provision or failure to provide services; (c) interruptions or failures in accessing or attempting to access any services. Certain portions of the services under this Plan will be provided by parties that are independent contractors to us. Except as described in these terms and conditions, these services are provided "as is" and all express and implied warranties related to the services are hereby disclaimed to the extent permitted by law. We do not promise uninterrupted or error-free service and you will hold us harmless for all such and similar issues. We disclaim and are not liable for any act or omission committed by any such independent contractors. If we are found to be responsible to you for monetary direct damages relating to these services, you agree that any such damages will not exceed the charge you paid for this Plan.

PERMITS AND OTHER FEES

  1. You may be responsible for the payment of additional fees. These fees may include, but are not limited to:

    • 20.1

      legally required permits;

    • 20.2

      cost required to correct violations of any laws, rules or regulations in conjunction with the work covered by this Plan;

    • 20.3

      costs related to refrigerant recapture, reclaim and disposal;

    • 20.4

      cost for cranes or other lifting equipment;

    • 20.5

      cost for the erecting scaffold;

    • 20.6

      relocation of equipment; and

    • 20.7

      costs of testing required by statutes or regulation associated with the repair or replacement of covered items or components.

ACCESS LIMITATIONS

  1. Except as specifically described herein, this Plan does not cover additional costs of gaining access to and closing access from the repair of covered systems and items; nor does it provide for restoration of walls, floor coverings, ceilings, cabinets, or for cosmetic items.

  2. Where covered repairs require access to plumbing, we will only provide access to plumbing systems through interior unobstructed walls, ceilings, and floors, and if the area around the system has not sustained consequential damage from water leakage. This Plan does not cover access through an exterior wall.

DURATION

  1. Unless terminated earlier by us pursuant to Clause 25, this Plan shall come into force on the Plan Effective Date and continue in force for an initial period of one (1) year following that date.

  2. Upon expiration of the original term or any renewal term, this Plan will automatically renew unless Papabo or plan holder provides written notice of his/her desire not to automatically renew at least 30 days prior to the expiration of this Plan. Unless we provide you with notice of our intent not to renew, we will notify you of applicable plan fee and the terms and conditions of the renewal plan at least 45 days prior to the expiration of the current plan. Any plan holder's first payment for the renewal plan will be considered authorization for another 12-month agreement.

  3. You agree that Papabo, in its sole discretion, may suspend or terminate this Plan for any reason, including, without limitation, for lack of use or if Papabo believes that you have violated or acted inconsistently with these Terms of Coverage. Papabo may also in its sole discretion and at any time discontinue providing the services hereunder, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Coverage may be effected without prior notice, and acknowledge and agree that Papabo may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Papabo will not be liable to you or any third party for any termination of your access to the Site.

  4. The rights to terminate these Terms of Coverage given hereunder shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

  5. On the termination of this Plan for any reason, subject as otherwise provided in these Terms of Coverage or the Terms of Services and Privacy Policy on the Site and to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under this Plan, except as otherwise provided in these Terms of Coverageor the Terms of Services except for rights which have accrued prior to termination.

GENERAL

  1. Papabo may carry out its obligations under these Terms of Coverage through any agents or sub contractors appointed by it in its absolute discretion for that purpose.

  2. These Terms of Coverage shall form part of and be subject toand without prejudice to the Terms of Service available on the Site, including any subsequent modifications or revisions thereto. Should there be a conflict between these Terms of Coverage and the Terms of Service, the Terms of Service shall prevail.

  3. In case any one or more of the provisions contained hereunder shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms of Coverage, but these Terms of Coverage shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Upon such determination that any term or provision is invalid, illegal or unenforceable, the court or other tribunal making such determination is authorized and instructed to modify these Terms of Coverage so as to effect the original intent of the parties as closely as possible so that the transactions and agreements contemplated herein are consummated as originally contemplated to the fullest extent possible.

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