LITHO+ Subscription Agreement
This LITHO+ Subscription Policy Agreement (“Agreement”) is by and between Purple Tambourine Limited (“LITHO” “We” “Us” “Our”) and You as the subscriber (“Subscriber” “You” “Your”). This Agreement sets out the Terms and Conditions on which the Subscriber is provided services by LITHO that form part of the LITHO+ Subscription Policy.
The parties agree as follows:
Your agreement with LITHO includes the Terms and Conditions in this Subscription Agreement and Your Policy receipt. This Agreement includes Terms and Conditions relating to Replacement Devices, Technical Support, Hardware Cover, Monthly Payments and Personal Information.
The LITHO+ Subscription Policy is sold by LITHO and LITHO will handle claims relating to this Policy.
LITHO+ is a Subscription Policy covering the replacement of a damaged or broken LITHO device and/or the necessity for technical support in relation to the associated LITHO device. LITHO+ is a Policy Subscription provided to You by LITHO who agrees to replace your Covered Device with a Replacement Device and to provide You with Technical Support according to the terms and conditions set out in this Agreement.
Product failure due to defects in design, materials and manufacturing is not covered by Your LITHO+ Subscription Policy. These failures are covered separately under consumer law rights or by the LITHO Limited Warranty. In addition to any rights which you may have as a customer under consumer law in the UK, you may have rights governed by the Consumer Rights Act of 2015 in the UK.
1.1. “We” “Us” “Our” “LITHO” means registered company Purple Tambourine Limited who distribute, sell and administer this Policy and whose trading name is LITHO and whose registered company address is at 12 Kingsley Place, London, N6 5EA and whose office is located at Unit 2.01, 7 Whitechapel Road, Shadwell, E1 1DU.
1.2. “Accidental Damage” means failure, breaking or physical damage of Your Covered Device due to an unpremeditated and unintentional event occurring due to handling (e.g. dropping Your Covered Device, liquid damage) or due to an external event (e.g. extreme environmental conditions). The damage must affect the functionality of Your Covered Device to warrant LITHO agreeing to send you a Replacement Device.
1.3. ‘LITHO Limited Warranty’ means the voluntary manufacturer’s warranty provided by LITHO under separate terms of service to Subscribers to the LITHO+ Policy, which entitles You to benefits that are in addition to, and not instead of, the rights provided to You under consumer law in the UK.
1.4 “Cover Period” means the period of hardware coverage and technical support provided by LITHO and set out in Your Policy which runs from the date you purchase Your Policy to the End Date which is defined according to the terms and conditions set out in this document.
1.5 “Covered Device” means the single LITHO device associated with this Policy and Your name and email associated with this Policy. The LITHO device must have been purchased from LITHO no more than 60 days before the start date of this Policy to qualify to be a Covered Device.
1.7 “Hardware Cover” means the cover that permits the replacement of Your Covered Device with a Replacement Device where Accidental Damage occurs to Your Covered Device due to an unpremeditated and unintentional event.
1.8 “Monthly Payment” means the sum payable by You to LITHO in accordance with the Terms and Conditions of this Policy.
1.9 “Your Policy” means this document setting out the terms and conditions of your Policy paired with the receipt for Your Policy.
1.10 “Technical Support” means technical assistance administered via phone, chat or email by a LITHO employee to the best of their ability to You if Your Covered Device fails to function correctly and/or if you seek support from LITHO relating to Your Covered Device; LITHO software; and/or LITHO-branded applications during your Cover Period.
1.11 “Original Device” means the Covered Device which is associated with Your Policy which you request a replacement for and which you must return to LITHO within 14 days of receiving your Replacement Device.
1.12 “Replacement Device” means the LITHO device which LITHO replaces your Original Device with when you make a successful claim to enact the Cover provided to you by this Policy.
1.13 “You” “Your” “Policy Holder” means the person who owns the Covered Device and who holds this LITHO+ Subscription Policy.
How to seek Technical Support as part of Your LITHO+ Subscription Policy
As part of this Policy LITHO agrees to provide the Policy Holder with a 1 hour consultation call within the first 21 days of the Policy.
LITHO agrees to provide the Policy Holder with Technical Support in relation to the Covered Device, LITHO software and LITHO-branded apps.
You can make a request for Technical Support by emailing your LITHO Account Manager with a description of your issue including details of your device and software version and the issue(s) you are seeking to resolve.
LITHO agrees to provide this Technical Support to You via phone, email, chat during UK working hours. LITHO agrees to guarantee a response to requests for Technical Support received on UK working days between UK working hours within 1 working day. The Policy Holder should generally expect to receive a response to a request for Technical Support much quicker.
How LITHO replace your item
To request a Replacement Device email email@example.com
If your request is deemed successful we may replace your Covered Item with a new or refurbished LITHO device of the same or similar specification.
Technological advances may result in a Replacement Device being provided which has a lower purchase price than Your Original Device but in every case the Replacement Device will be of the same quality of the model of Your Original Device.
If your claim is approved before 2pm during UK working days then your device will be despatched to You using express delivery that same afternoon. You should expect your Replacement Device to arrive at the address you provide to LITHO within 24-72 hours on UK working days depending on your global shipping zone.
You are required to send your Original Device back to LITHO within 14 days of receiving the Replacement Device using a prepaid shipping label which will be sent to you when your claim for a Replacement Device is approved. If you do not send Your Original Device to LITHO within 14 days of receiving your Replacement Device, the purchase price of the Replacement Device at that time will be invoiced to you and is payable to LITHO within 14 days from the date of receipt of the invoice.
The maximum number of claims under this policy is limited to ten (10) successful Replacement Device claims during a period of twelve (12) consecutive months.
When you have received your tenth (10th) successful claim for a Replacement Device in a consecutive twelve (12) month period, your Policy will immediately end and you will not be entitled to a refund or replacement.
Your Covered Device is covered by this Policy whilst you are travelling outside your country of residence.
General Exclusions for Hardware Cover
Your Covered Device is not covered by this Agreement for:
- the loss or theft of the Covered Device;
Ii. the cost for the replacement or reinstatement of any data, software or information stored on the Covered Device;
iii. cost suffered as a result of not being able to use Your Covered Device or any cost other than the replacement cost of the Covered Device;
Iv. damage which does not affect the ability to use the Covered Device as intended, for example wear and tear;
- costs resulting from Your failure to follow LITHO’s instructions or installation guidelines;
Vi. claims outside the Period of Cover;
LITHO may vary or waive these terms and conditions to:
- ensure compliance with any laws or regulations that apply;
- improve your cover;
- and correct any textual errors
How to cancel your LITHO Policy:
You have the right to cancel your Policy at any time for any reason during the Period of Cover.
If you wish to cancel your Policy, contact us within 30 days from the start of your Policy, LITHO will cancel your Policy and give you a full refund of the amount you have paid to LITHO for your Policy up until that point.
If you wish to cancel your Policy after 30 days from the start date of Your Policy have passed, LITHO will cancel your Policy with immediate effect and you will not be charged for any future payments you are due to owe to LITHO as part of the Policy.
You should contact LITHO if you need to cancel the Policy as a result of the Covered Device being lost or stolen.
You can cancel your Policy by emailing firstname.lastname@example.org or writing to LITHO at Unit 2.01, 7 Whitechapel Road, Shadwell, E1 1DU with proof of your Policy.
LITHO’s Right to Cancel:
- LITHO may cancel your Policy immediately:
- If you provide information that is not true or misleading to LITHO whether intentional or unintentional.
- when it is necessary to comply with any applicable law or regulation.
Your policy will end at the earliest of the following:
- the date you cancel your Policy.
Ii. the date LITHO cancel your Policy in accordance with the terms set out in LITHO’s Right to Cancel.
Iii. the date you receive your tenth (10th) successful claim in a consecutive twelve (12) month period.
You will not be covered for any new claim arising on or after the end date of your Policy.
This Policy will not be renewed unless an agreement is made otherwise between LITHO and You.
This Policy is governed by English law.
The amount of the Monthly Payment You must make to guarantee your Policy Cover will be stated at the time of the purchase of Your Policy.
By agreeing to these terms and conditions you agree to make monthly payments to LITHO in accordance with the price at the time of purchase.
Monthly Payments are made every 30 days from the start of your LITHO+ Subscription. The first payment will be charged and processed when you place your order for your LITHO+ Subscription Policy. Each monthly payment made to guarantee Your Policy will cover you for one month and your cover will be renewed automatically for subsequent months unless you have cancelled Your LITHO+ Subscription Policy or the LITHO+ Policy has ended.
LITHO use ReCharge through Shopify and Stripe to process monthly payments.
Acknowledgement of Agreement
You acknowledge that you have read and understood the terms of this Agreement, accept these terms and agree to be bound by them.
If you do not agree with the terms or you cannot comply with them then do not subscribe to a LITHO+ Policy.
This Agreement constitutes all the terms and conditions agreed upon between you and LITHO and supersede any prior agreements, whether they are written or oral, made in relation to a LITHO+ Subscription Policy.
Any complaints should be directed to email@example.com via email or put in writing and sent to LITHO, Unit 2.01, 7 Whitechapel Road, Shadwell, E1 1DU. You should provide your name and contact information when you make a complaint.
In some circumstances you may be entitled to take your complaint to one of the following ombudsmen who will review your case:
The Financial Ombudsman Service
London, E14 9SR
By Telephone: 0800 023 4567 (free from a “fixed line”, i.e. a landline at home); or 0300 1239123 (free for mobile phone users who pay a monthly charge for calls to numbers starting 01 or 02)