General Terms and Conditions OnePlus Accidental Damage Protection Plan, October 2019

A fixed policy period of 12 months applies. At the latest 3 months before the fixed period lapses, you will receive a notification of cancellation from the Insurer unless the policy was terminated earlier in accordance with the terms of this policy.

  1. Important information

    If Your Back Cover has been Accidentally Damaged during the policy period, Atlas Insurance PCC Limited, in respect of its Gemini Cell (‘Atlas Gemini’) will, at its discretion with due observance of the following definitions, exclusions and conditions, have Your equipment repaired or replaced by a Replacement Back Cover. A Replacement Back Cover can be either new or refurbished.

  2. Where and when

    Your Equipment is covered during the whole policy period, both in Your country of residence as stated in Your policy certificate and when You temporarily take the Equipment abroad.

  3. Definitions (in alphabetical order):

    1. Accidental Damage/Damage means: Damage as a result of a sudden event that has an external effect on
      Your Back Cover resulting in fall, impact and/or moisture Damage, as a result of which Your Back Cover no
      longer functions correctly and completely, including Damage caused by third parties without Your permission.
    2. Administrator means: Aftersales Group B.V. Aftersales is a company incorporated under Dutch law with its
      registered office at 151 Achter de Tolbrug, 5211 SM ’s-Hertogenbosch, The Netherlands. The company is
      registered with the Dutch supervisory authority AFM (Netherlands Authority for the Financial Markets) under
      number 12042867. The company is authorised to perform activities in The Malta under the freedom to
      provide services. The Administrator might outsource (part of It’s) responsibilities to selected (local) third parties.
    3. Back Cover means: the original back cover that belongs to and is affixed to Your Equipment..
    4. Equipment means: The OnePlus mobile phone which, based on the IMEI number or serial number, is registered
      as new with the Administrator for the purpose of taking out this One Plus Back Cover Insurance, within 14 days
      after purchase.
    5. Negligence means: failure to exercise the care that a reasonably prudent person would exercise in like
    6. Replacement Back Cover means: a Back cover that is provided by Atlas Gemini to replace Your Back Cover in
      the event of a successful claim. The Replacement Back Cover is always new or refurbished.
    7. Terrorism means: Any act, including but not limited to, the use of force or the threat of force, by a person or
      group of persons acting alone or on behalf of or in connection with any organisation or government committed
      to political, religious, ideological or similar purposes, with the objective of influencing a government or of
      frightening the population or part of the population.
    8. Theft or Stolen means: The removal of Your Equipment by known or unknown persons with the intention of
      illegally and permanently depriving You of the ownership of Your Equipment.
    9. Third party means: Every other person than the insured, his/her spouse or partner, his/her ascendants or
      descendants, his/her representatives if the insured is a legal entity, as well as every other person who did not
      have permission from the insured to use the Equipment.
    10. Unattended means: When You, or another person older than 18 years to whom You have entrusted your
      Equipment, do/does not have full visibility of the Equipment or are/is not in a position to prevent unauthorised
      persons from Damaging Your Equipment.
    11. You/Your/Policyholder means: The Policyholder stated in the policy certificate, providing he/she lives in The
      Malta and is older than 18 years.
    12. Virus means: Among other things, but not limited to, trojan horses, worms and any other programme or software
      that directly or indirectly prevents Your Equipment from working properly.
  4. What is covered

    OnePlus Back cover Damage Protection Plan provides cover for Your Back Cover against:

    1. Accidental damage – Your Back Cover will be repaired or replaced by a Replacement Back Cover.
    2. Worldwide cover – The cover also applies during a temporary stay abroad.
  5. What is not covered

    Atlas Gemini is not liable for:

    1. General;

      1. Costs of any claim after the first succesful claim.
      2. Any type of Theft or loss of the Equipment.
      3. Costs incurred due to the loss of use of Your Equipment, costs for reconnection, subscription costs of any kind,
        or any costs other than the direct costs for the repair or replacement of Your Back Cover.
      4. Any Damage to Your Equipment other than Damage to Your Back Cover.
      5. Any Damage:
        1. to Your Equipment which is required to be repaired or replacemed in order for the Administrator to be
          able to repair or replace Your Back Cover;
        2. to Your Back Cover when Your Equipment Is declared a Total Loss.
      6. Costs for which the manufacturer, supplier or distributor is liable in accordance with the legal warranty
      7. Damage to Your Back Cover occurring during or as a result of the process of cleaning, repair, or modification
        without prior permission from the Administrator or during seizure or detention by order of a government agency
        including the police.
      8. Damage to Your Back Cover caused directly or indirectly by:
        1. War, invasion, foreign hostilities (regardless of whether the war was declared or not), civil war, rebellion,
          revolution, insurrection, military or unlawfully obtained power, nationalisation, confiscation, claim, seizure or
          destruction by the government or a government agency;
        2. Ionising radiation or any form of nuclear contamination;
        3. Shock waves caused by aircraft or other flying objects moving at sonic or supersonic speeds;
        4. Terrorism, regardless of other causes or events that simultaneously or in any other order contribute to the
    2. Damage

      1. Minor scratches and dents that do not affect the normal functionality of Your Back Cover.
      2. Any repair costs incurred for the processing, repair and/or cleaning by the insured himself/herself and/or by a
        repair workshop not recognised by OnePLus which resulted in the loss of the insured’s right to the legal
      3. Damage to the Back Cover caused by the use of inferior parts (not new and/or not original OnePlus parts)
        during modification and/or repair of the Equipment by the Insured himself/herself and/or by a repair workshop
        not recognised by OnePlus.
      4. Any Damage to the Back Cover that has arisen as a result of Negligence.
      5. Any Damage to the Back Cover caused by wear and tear, depreciation, insects, vermin, mould or atmospheric or
        climatic conditions.
      6. Any Damage to the Back Cover caused by failure to comply with the user instructions, the connection,
        installation and maintenance instructions as described in the manufacturer’s user manual.
      7. Any Damage to the Back Cover caused by a Virus.
      8. Any Damage that was caused with intent by the insured.
      9. Damage or loss of insured equipment following a fire.
  6. Our conditions

    1. Period of Insurance or Policy period

      A fixed Policy Period of twelve (12) months applies, depending on the product that You have selected.
      At the latest 3 months before the fixed period lapses, You will receive a notification of cancellation from the
      Insurer unless the policy was terminated earlier in accordance with the terms of this policy as set out in sub h.
      Provided that the total premium for the policy period has been collected by the Insurer, the insurance commences
      at the date that You have succesfully registered for this Insurance, provided this date is no later than 14 calendar
      days after the purchase of the Equipment in brand new condition and provided that the Equipment is not
      Damaged or has been lost or Stolen . The start date and the fixed Period of Insurance are stated in the policy

      In the event of a successful claim, Your policy is automatically cancelled immediately after its fulfilment. No
      premiums will be refunded. The Insurer will notify You about the cancellation by e-mail.

      The premium applicable to this insurance is in full collected up front by the Insurer.

    2. Method of payment

      Atlas Gemini may, at its sole discretion, proceed to:

      1. repair or replace Your Back Cover with a Replacement Back Cover.
      2. issue a price quotation for the additional repair or replacement costs if the condition of Your Equipment
        makes the repair or replacement of Your Back Cover impossible without additional repair to Your Equipment.

        1. If You agree on the price quotation and have paid for the additional repair or replacement costs, Your
          Equipment will be repaired and Your Back Cover will be repaired or replaced;
        2. If You don’t agree on the price quotation, Your Back Cover won’t be repaired or replaced and Your
          Equipment will be returned to You free of charge.
      3. Not repair or replace Your Back Cover If Your Equipment is declared Total Loss.
    3. Careful use

      You are obliged to take all reasonable precautions to protect Your Back Cover against Accidental Damage and
      keep it in a good state of repair.

    4. Not telling the truth

      1. If You have intentionally provided incorrect information or have intentionally withheld information that You
        should reasonably know may affect the risk assessment by the Insurer, the Insurer may decide to annul the
        policy while You are taking it out. If Your policy is declared null and void on these grounds, no premium
        refund will be made.
      2. If You have intentionally provided incorrect information or have intentionally withheld information regarding
        a claim, the Insurer may refuse the claim. Your Policy remains valid until the moment it is cancelled by one
        of the two parties in accordance with the provisions in these General Terms and Conditions.
      3. Atlas Gemini has the right to reclaim all costs incurred in connection with a claim (including investigation
        and collection costs) if, after payment of the claim, it still appears that the claim was in any way fraudulent.
      4. Atlas Gemini can notify the police, government or regulatory authorities of fraudulent acts. Atlas Gemini can
        also share the details of the fraudulent claims with other insurers, including by placing them on a list of
        fraudulent claims created by insurers to combat fraud.
    5. Reporting a claim

      As soon as reasonably possible after discovering Accidental Damage to Your Back Cover that You think is eligible
      for coverage under Your policy You must:

      1. In the event of intentional Damage caused by a Third Party without Your consent , notify the Administrator
        and the police (or if You are staying abroad, the local equivalent of the police) within 72 hours or as soon as
        reasonably possible after discovery if that period of 72 hours is not feasible for the Insured.
      2. The police must prepare an official report, even if You are staying abroad, because a copy of this official
        report is required to assess Your claim. You can contact the Administrator by calling +356-(0)277 81297or,
        if You’re calling from abroad, +356-(0)277 81297
      3. In the event of non-intentional Accidental Damage covered by Your policy , inform the Administrator within
        14 days after the discovery of the Accidental Damage or, if this is not possible, as soon as reasonably
        possible. You can do this by calling the Administrator on +356-(0)277 81297 or, if You’re calling from
        abroad by calling the Administrator on +356-(0)277 81297;
      4. If You do not report the Damage in accordance with the above obligations, Atlas Gemini may reduce its
        service to the extent of the Damage suffered by it. If Atlas Gemini can prove fraudulent intent, it will be able
        to refuse the full insurance performance.
      5. It is a condition of Atlas Gemini’s liability that payment of Your claim always take place according to the
        method indicated by Atlas Gemini. Your Back Cover must be repaired or replaced by a repair workshop
        selected by Atlas Gemini. If You do not comply with this, Atlas Gemini shall no longer be liable for
        performance of services.
      6. You can be asked to fill in an application form or provide additional information about Your claim. Any lack
        of cooperation on your side can delay the assessment of Your claim.
    6. Your age and address

      You must be at least 18 years old at the time of the purchase of Your policy and live in Your country of residence as
      stated on Your policy cerificate during the policy period.

    7. Changes to the Equipment or other information

      The insured must give the Administrator timely notification of changes to the information on which this policy is
      based, such as the address and email address of the insured. Changing the Equipment is only possible if the
      Equipment is new, from the same OnePlus model & type, properly functioning and undamaged and the change has
      been communicated to Atlas Gemini within 7 days after the purchase date by sending an email to +356-(0)277
      81297. Atlas Gemini reserves the right to request a diagnostic check of the Back Cover of the the new Equipment.
      Atlas Gemini is not liable for the costs of repairing or replacing a Back Cover other than the Back Cover that is part
      of the registered Equipment.

    8. Cancelling your policy

      You have the right to cancel Your policy within 14 days after:

      1. The day that You were notified that Your policy has entered into effect or
      2. The day on which You received the full general terms and conditions of your policy

      After receipt of Your cancellation request, the already paid premium for the policy period after the cancellation
      enters into effect will be refunded.

    9. Changes to your policy

      Atlas Gemini may change the terms and conditions of Your policy at any time insofar as they have no material
      impact on the insured according to the criteria of reasonableness and fairness.

      Substantial changes to the terms and conditions of Your policy, including but not limited to the premium, excess,
      claim procedures or right of cancellation for future policy periods, can only be implemented by Atlas Gemini after it
      has received Your agreement to the changed policy conditions.

      In the event of substantial changes to the terms and conditions of Your policy, You have the right to cancel the
      policy within three (3) months after receiving the announced change. Such changes need to be announced by the
      Insurer at least three months before they go into effect.

      If in such case You decide to cancel the policy, the Insurer will refund any premiuns paid up front for the remaining
      period of insurance, effective from date of notification of cancellation.

    10. What to do if You are not satisfied with Atlas Gemini

      Atlas Gemini will do everything possible to provide You with a professional and reliable service. Should You,
      however, have a complaint about this service, You can always report it to us. In that case we advise You to report
      Your complaint to Aftersales Group BV, which acts on behalf of Atlas Gemini as the policy Administrator. You can
      contact Aftersales Group by calling +356-(0)277 81297, or by sending an email to
      Aftersales Group’s postal address is:

      Achter de Tolbrug 151

      5211 SM ’s-Hertogenbosch, The Netherlands

      The Administrator will try to resolve your complaint or problem within 24 hours. If this is not possible, the
      Administrator will confirm your complaint within 5 working days of receipt and provide a definitive answer within 2

      In the unlikely event that the Administrator’s response is found to be unsatisfactory, the complaint can be reported to
      Atlas Insurance PCC Limited (Gemini Cell) 47-50 Ta ’Xbiex Seafront, Ta’ Xbiex XBX 1021, Malta.

      If, after involving these entities, your complaint has still not been satisfactorily resolved, you can ask the following
      organisations to review the case:

      Office of the Arbiter for Financial Services, 1e Floor, St Calcedonius Square, Floriana FRN 1530, Malta, Tel
      +356 21249245 (overseas call charges apply),
      Email; Web .

      The Arbiter’s office expects You to have a definitive written answer from Atlas Gemini, or have failed to receive
      such definitive answer within 15 days, before they can accept Your case.

      The European Commission has an online dispute commission for Consumers who have a complaint about a
      product or service that has been purchased online. If You choose to submit Your complaint in this way, it will be
      forwarded to an independent complaints organisation that will ultimately handle the matter entirely online and will
      respond within 90 days. The internet address for this online dispute commission is: Please remember to always state our email address +356-(0)277 81297.
      Please note that this independent complaints organisation can only consider Your complaint after we have had the
      opportunity to arrive at a solution.

      Your rights as a customer to take legal action remain unaffected by the existence or use of said complaints

    11. Requirements and wishes

      Your insurance meets the requirements and wishes of a person who wishes to protect his or her Back Cover
      against the risk of Accidental Damage.

    12. Your insurer and the liability clause

      This insurance is underwritten by Atlas Insurance PCC Limited in respect of its Gemini Cell (‘Insurer’).

      Atlas Insurance PCC Ltd is a company incorporated under Maltese law with its registered office at 47-50 Ta ’Xbiex
      Seafront, Ta’ Xbiex XBX 1021, Malta. Atlas Insurance PCC is authorised by the Maltese Financial Services
      Authority, Notabile Road, Attard BKR 3000, Malta, Tel.: +356 2144 1155, (C5601). The
      company acts in The Malta under the freedom to provide services and is registered with the Financial
      Conduct Authority under number 439406.

      For this insurance, Atlas acts in respect of its Gemini Cell, a protected cell that was established within the
      applicable Protected Cell Company regulations and is owned by Aftersales Group BV.

      Atlas can create one or more protected cells for the purpose of separating and protecting cellular assets (capital).
      The assets of the Gemini Cell are then protected against the liabilities and losses of the other Atlas cells and those
      of Atlas’s core business itself. By accepting these terms and conditions You agree:

      1. that You are only entitled to make a claim under this insurance; and
      2. that Your rights and claims arising from this policy are primarily settled from the assets of Gemini Cell that are
        available for settlement of claims when Your claim to Atlas Gemini is registered; and
      3. that only when Gemini Cell’s assets have been exhausted, Atlas non-cellular assets will be used to meet any of
        Gemini Cell’s liabilities; and
      4. that a claim cannot be made on the assets of another of Atlas’s protected Cells.

      In this way, the capital of Your Insurer, Atlas Gemini, is protected at all times against possible shortfalls in the core
      activities of Atlas or at one of the other protected cells. Conversely, in the unlikely event of a shortfall at Atlas
      Gemini, continuity is secondarily guaranteed by the Atlas non-cellular assets.

      By entering into this insurance, You acknowledge and agree that this insurance is being entered into with Atlas
      Gemini and that You are aware of the provisions of the PCC Regulations, which apply to Atlas Insurance PCC
      Limited and Gemini Cell.
      You further accept and agree that this clause of the terms and conditions is to be governed and construed in
      accordance with Maltese law and that any disputes in connection therewith are to be submitted to the exclusive
      jurisdiction of the Maltese Courts. You warrant that, under applicable law, you are permitted to choose such law and
      forum to govern this clause of the insurance. Your agreement to have this clause governed by Maltese law and
      subject to the jurisdiction of the Maltese Courts and Your representation that it is permitted under applicable law to
      choose such law to govern this clause is a material reason why Atlas Gemini has agreed to enter into this insurance.

      Aftersales Group BV is a private company with limited liability with its registered office in Achter de Tolbrug 151,
      5211 SM ‘s-Hertogenbosch, The Netherlands, registered with the Chamber of Commerce under number 55498833,
      and is a recognised insurance broker in the Netherlands, authorised and regulated by the AFM with registration
      number 12042867 and operates In Europe under freedom of services.

    13. Communication

      All communication between You and Atlas Gemini and/or the Administrator on the one hand is conducted through
      the email address or postal address provided by you during the registration of the policy. Our email address is: and our telephone number is +356-(0)277 81297.

    14. Protection of your personal data

      Atlas Gemini is the Data Controller of Your personal data that is stored by us. Atlas Gemini and the Administrator
      (Us) will only use the information provided by You for the creation of Your Policy and possibly during the reporting of
      a claim for policy administration, customer service, claims and fraud prevention, including the possible transmission
      of Your data to other insurers and regulatory authorities and to verify Your data on the basis of data from third
      parties to which we have legal access. For these purposes we may disclose data to our subsidiaries, service
      providers, agents and suppliers.

      You hereby confirm that all data from a third person that You may have provided to us in connection with the
      registration and execution of Your Policy has been provided with the consent of this third person. You also agree to
      receive communications regarding the protection of this data from Atlas Gemini on behalf of this third person.

      We only store Your data for the period required to fulfill all our obligations arising from this Policy, unless a longer
      retention period is legally required.

      You have the right to access Your personal data and ask Atlas Gemini to update or correct the information in
      question or to remove this personal data from our records if it is no longer required for the purposes stated above.
      You can exercise these and other rights arising from Atlas Gemini’s privacy policy by contacting our data protection
      officer. You can send your request by letter to: The Data Protection Officer, Atlas Insurance PCC Limited, Ta-Xbiex
      Seafront 48-50, Ta’Xbiex XBX 1021 Malta or by email to However, please note that certain
      personal information may be exempted from such access, correction or deletion requests based on the EU GDPR
      and/or other applicable laws and regulations.

      If You believe that the processing of Your personal data by Atlas Gemini is not in compliance with the applicable
      data protection laws and regulations, You can file a complaint with Atlas Gemini and/or the Office of the Information
      and Data Protection Commissioner by clicking on this link . If
      You would like to view our complete privacy policy to gain a better understanding of how we manage Your data,
      please see protection/ . Please note that our policy is subject to occasional
      changes to continue complying with changing laws, regulations and guidelines for data protection.

    15. Which laws apply and which courts are competent

      The laws of Malta apply to this policy and disputes relating to the rights arising from the policy are submitted to the Maltese courts and tribunals.This policy is underwritten by Atlas Insurance PCC Ltd, acting from its Gemini Cell Company. Atlas Insurance PCC Ltd is a company incorporated under Maltese law with its registered office at 47-50 Ta ’Xbiex Seafront, Ta’ Xbiex XBX 1021, Malta. Atlas Insurance PCC is authorised by the Maltese Financial Services Authority, Notabile Road, tt’Attard BKR 3000, Malta, Tel.: +356 2144 1155, (C5601).

This policy is underwritten by Atlas Insurance PCC Ltd, acting from its Gemini Cell Company. Atlas Insurance PCC Ltd is a company incorporated under Maltese law with its registered office at 47-50 Ta ’Xbiex Seafront, Ta’ Xbiex XBX 1021, Malta. Atlas Insurance PCC is authorised by the Maltese Financial Services Authority, Notabile Road, tt’Attard BKR 3000, Malta, Tel.: +356 2144 1155, (C5601).