Terms and conditions (Dec 1.1 2021)

Overview

Manaiakalani  Device Care (MDC)  is a safeguard for your Chromebook against accidental loss, theft and damage.    It includes priority customer support, multiple complete repair services, and replacement of your device where necessary.   MDC is not an insurance product.   The  Manaiakalani Education Trust is the provider of the product, which is to be administered by Acer.  The MDC  provides you with benefits in addition to the Consumer Guarantees Act. Namely repair or replacement where standard limited warranty does not cover the damage or failure.

Consumer Rights

If You as a consumer have problems with a good, You have the following rights:

If the failure is serious You can choose between a refund, a replacement with goods of the same type and similar value, a repair or keeping the goods and the business that sold You the goods will pay You an amount of money to cover the loss in value.

If the failure is not serious the business that sold You the goods can choose to refund, repair or replace with goods of identical type. If they choose to repair or replace, it must be done within a reasonable time or You can ask for a refund.

If the failure makes the goods unsafe You can choose between a refund, a replacement or keeping the goods with the business that sold You the goods paying You an amount of money to cover their loss in value

If You incur extra costs from the failure the business that sold You the goods must pay You a reasonable amount for damage caused by any fault or for extra costs caused by the failure of the goods including any costs in returning the goods.

Additional protections and services offered by Manaiakalani Device Care

MDC does not affect or limit any rights You may have under the Consumer Guarantees Act 1993, it gives You additional benefits as follows:

Cancellation

• You have 5 working days to cancel from the time of receiving a copy of the agreement and may request a refund of the MDC.

What you can claim for

You can claim for accidental loss, theft and damage.  Up to 3 repair claims are available over the 3years, or; 1 replacement claim.  A replacement claim will mean no further claims are available.  Definitions of acceptable claims may include:

• Theft means, if your device has been stolen from a secured location, ie locked away in a cupboard (a police report will need to be made and a copy may be requested)
• If your device is permanently unable to be located and all attempts to reclaim the device have been unsuccessful
• Accidental Damage means, if your device accidentally falls from a classroom desk and the screen breaks or you have an accidental liquid spill that causes device failure.

What is excluded

• Loss or damage caused by war, nuclear risks, civil unrest, pandemics
• Dishonest acts or deliberate damage by yourself
• Theft where there is no forced entry (example outdoors, unlocked car, cafe)
• Consequential losses
• Lost or stolen data
• Liability arising from your Chromebook ownership or its use
• Failure that is otherwise covered by the Manufacturer warranty
• Loss as a result of improper or unauthorised modification or repair;
• Cosmetic faults or damage which does not affect the operation of the Covered Item;
• Failure caused by external wiring and connections, or non-compatibility of accessories;
• Electronic data if a peril causes any total or partial destruction, distortion, erasure, corruption, alteration, misinterpretation or misappropriation of Electronic Data.  

Device Replacement

All Products requiring replacement (due to total loss or uneconomical repairs), will be replaced with goods of the same specifications or the closest equivalent if Manaiakalani is not able to source the same type of Product.

What to do if your Chromebook doesn’t work or is damaged or lost or stolen

How to make a claim

• Report your loss or damage as soon as practicable to your school who can make the claim on your behalf
• If your device is stolen you need to report the loss to the police as soon as possible

(you may be asked to provide the police report)

• You can lodge a claim phoning 0800 276 576 or visit web:  http://esupport.acer-apac.com/esupport
• email: serviceskac.aca@acer.com 

Dispute Resolution

Should you have any concern relating to any area of the Manaiakalani Device Care Plan you may request support in the first instance from Acer by phoning: 0800 276 576 or emailing us at serviceskac.aca@acer.com  Acer will respond in writing provided all necessary information has been provided.  If you are not satisfied with the outcome, you may refer your dispute to Manaiakalani Education Trust phone 09 527 6041: email devices@manaiakalani.org.  A formal legal process such as the disputes tribunal can be evoked.

Looking after your Chromebook

You need to look after your device using the Kawa of Care as a guide to make sure it lasts and stays in good condition.   To keep your Chromebook, you and other people safe please do the following:

1. Don’t eat or drink near your Chromebook.
2. When charging your Chromebook don’t have the cable where people can trip
3. When working at a desk or table keep your Chromebook away from the edges.
4. When working on the floor choose a space where people won’t trip over
5. If your Chromebook is left by itself it should be kept hidden from view and in a locked room, building or car (example under a seat or in the boot).

Definitions:

These definitions apply to the plural and any derivatives of these words.  Where these words are used this is what they mean:

Accidental Damage means the unintentional physical damage to property causing the impairment of use

Damage means physical damage or destruction of your device, excluding operating system, content or software.

Chromebook or your device means the original portable electronic device supplied to declared Trust’s and schools who have requested the cover.

Loss or lost means physical loss of your device resulting in you reasonably considering your device to be permanently no longer in your possession and includes where an incident results in your device not being able to be reasonably retrieved by you.

MDC: Means Manaiakalani Device Care

Secured location means the Product is stored out of sight in a location with appropriate security measures in place to prevent unauthorised access to the location and to safeguard the Product.

Theft or Stolen Means the illegal taking of possession of your device with the intention of permanently depriving you of your device

You or Your means the authorised user of the device

Privacy:

Manaiakalani We will collect, hold, use, and disclose any personal information about you and the student in accordance with the Privacy Act 2020 and our Privacy Policy at that time. You agree that we may do so.

You can read our Privacy Policy on our website at www.manaiakalani.org

Acer: (the administrator: We will collect, store, use and disclose your personal information according to Acer Privacy Policy and in compliance with any Australian and New Zealand legal requirements related to privacy protection. https://www.acer.com/ac/en/AU/content/privacy