Policy Document. Definitions IRL

Transcription

1 IRL This is your Gadgetinsurance.ie gadget cover policy (the Policy ). Your Policy is made up of this Policy and schedule, which also comprises the information you gave us when you registered your covered products. This Policy and your schedule should be read together. Please check them carefully to make sure they give you the cover you want. If your needs change, or any of the information on which the Policy is based changes, your schedule may need to be altered. Under the Conditions of this Policy you must tell us of any changes to the information you gave us when you applied by contacting Gadgetinsurance.ie on Under this Policy we agree to insure the policyholder ( you, your ) according to the Terms and Conditions contained in this Policy and the sections indicated in the schedule, subject to you paying the premium and complying with the Conditions of the Policy. Words or expressions that have a particular meaning are shown in bold type and shall have the meaning as stated below wherever they may appear in the Policy: Accidental Damage Accidental physical breakage, destruction or failure of your covered product(s) due to an unforeseen event which causes physical damage to the covered product(s) and that prevents it from operating correctly. Adjuster Risk Management Services Limited (referred to as RMS Ltd ). Administrator Means Gadgetinsurance.ie Policy Document Definitions Chartis Inc. A company incorporated in the United States, together with its worldwide subsidiary companies, which together make up the Chartis Inc. International Group of Companies. Claim A request by you for any of the entitlements and benefits under this Policy. Covered Products A maximum of 5 gadgets which you have correctly registered with Gadgetinsurance.ie either on-line when purchasing the Policy or by telephoning Gadgetinsurance.ie on Damage Physical breakage, destruction or failure of your covered product(s) due to an event external to the covered product(s) that prevents it from operating correctly. Gadgetinsurance.ie Gadgetinsurance.ie is a trading name of Blue Insurances Limited No whose registered office is at Plaza 212, Blanchardstown Corporate Park, Blanchardstown, Dublin 15 and is the administrator of this Policy. Gadgets Gadgets are the following portable electronic products: camcorders, mobile phones/smartphones, ipods/mp3 players, ipads/tablets, Satnav systems, netbooks, laptops, digital cameras, hand-held games consoles, hair straighteners, digital SLR lenses and e-book readers. Gadgets must have been purchased from a legitimate retailer when new in the Republic of Ireland by you, or given to you when new as a gift. If a gadget has been purchased online, the online retailer must be based and registered within the European Union and the product shipped to a Republic of Ireland address. They must not be older than 3 years of age at the time of registration, they must be in good condition and in full working order. Insured Risk An insured risk means theft, accidental damage, malicious damage, or theft damage. Loss can be added as an insured risk providing you select to add loss cover to your Policy and pay the additional premium. Loss/Lost Loss/Lost means where the covered product(s) has been accidentally left by you in a location and you are permanently deprived of its use. Loss is an optional cover and must be selected prior to purchase and the additional premium paid. If you have selected to add loss cover, this will be shown in your schedule. Malicious Damage Physical breakage, destruction or failure of your covered product(s) due to an unforeseen event caused by a malicious and deliberate act of a third party which causes physical damage to the covered product(s) and that prevents it from operating correctly. Period of Insurance The period of insurance is one year starting on the purchase date stated in the schedule, provided that all due premium has been paid (and if paid monthly continues to be paid for the full zgadgetinsurance.ie is a domain name of Blue Insurances Limited regulated by the Central Bank of Ireland. 1

2 Definitions Continued 12 months). You may be able to renew your Policy subject to satisfying underwriting acceptance criteria as defined by us. If you have chosen to pay your annual premium by monthly direct debit, the period of insurance is provided on a rolling monthly basis for the period of insurance as shown on your Policy schedule. The period of insurance includes the first 14 days applicable to Exclusion 3.1, under which any claim resulting from any insured risk which occurs within the first 14 days from the purchase date, shall not be covered. In addition, any claim made within 14 days on any new or changed covered product(s) which is added to your Policy after purchase shall not be covered. Policy Excess The amount you must pay before we pay any claim under this Policy. Policy Limit The total amount you are covered for during the period of insurance as selected by you and shown in your schedule. Premium The amount you agree to pay to us in return for the entitlements and benefits under this Policy. Theft or Stolen The taking of your covered product(s) by persons known or unknown with the intention of unlawfully and permanently depriving you of possession of your covered product(s). Theft Damage Physical breakage, destruction or failure of your covered product(s) due to an event of theft which causes physical damage to the covered product(s) and that prevents it from operating correctly. Unattended When you do not have full view of your property or where you are not in a position to prevent the unauthorised taking of your property, unless it is left in a locked room or a locked safety deposit facility. Property left in a motor vehicle is deemed to be unattended unless the motor vehicle is locked with security systems activated and the property is out of view in an enclosed storage compartment, boot or luggage space. We/Us/Our Chartis Europe Limited and any agents appointed by us, including the administrator and adjuster. You/Your The person named in the schedule who enjoys the entitlements and benefits under this Policy. Section 1: Registering your Gadget To have the full protection of your Policy, you must comply with the following conditions. Failure to comply with the conditions may result in our declining any claim made under your Policy or may result in a reduced amount being paid to you in the event of a claim. When you purchase this Policy we will require you to register the covered product(s) by providing the following information: Your name and address; The make, model, serial numbers, age and price paid (or estimated price in the case of a gift) of the covered product(s) you wish to cover; IMEI number of any mobile phone/iphone/smartphone; and The date of purchase (or date of receipt in the case of a gift) of each covered product. If you want to change the covered product(s) or your address after this Policy has started (for example when you upgrade your mobile phone) you must do this on-line at Gadgetinsurance.ie or by ringing Gadgetinsurance.ie on Failure to do so will result in the gadget not being covered. In return for you paying the premium, we, subject to the Terms, Conditions and Exclusions described below will repair or replace at our discretion, the covered product(s) with items of at least similar specification should the covered product(s) be subject to an insured risk. In the event of you making a claim under this Policy that results in us replacing your covered product(s), we will provide you with a bank transfer equal to the cost of replacing the covered product, minus the policy excess, with one of at least comparable specification at our discretion, up to but not exceeding the price for the covered product you declared (as required under Section 1) or the policy limit, whichever is the lower amount. There are alternative settlement methods and should you wish to discuss these, please contact the adjuster. This Policy does not cover you for: 3.1 Any claim resulting from any insured risk which occurs within the first 14 days from the purchase date of this Policy as defined in your schedule. This 14 day period will commence again and apply to any new or changed covered product(s) which is added to your Policy after purchase. 3.2 Theft, theft damage, malicious damage or loss of an unattended covered product(s): (a) From or in a motor vehicle unless locked in a glove compartment or out of sight in a boot/luggage area and where the doors and windows are shut and locked and security systems are activated; (b) From or in any other property, place or premises unless the theft, theft damage, malicious damage or loss is accompanied by violent or forcible entry or exit, or where the theft, theft damage, malicious damage or loss results from the acts of a person who has entered the property, place or premises unlawfully; or (c) From any public place or place to which the public has access at the time of the incident. 3.3 Accidental damage to the covered product(s): (a) Caused by gradually occurring rust, humidity, damp or corrosion (but a sudden accident involving water ingress is covered); (b) Due to wear and tear, marring, scratching, manufacturing defect, discoloration or any type of damage or failure not (c) Section 2: Cover Section 3: Exclusions affecting the operation of the covered product(s); or Resulting from alterations, maintenance, repairs, faulty or defective design or any process of cleaning or restoring. 3.4 Any damage to the covered product(s) whatsoever, unless arising directly from an insured risk. 3.5 Any claim where you or a person authorised by you has lost or misplaced the covered product(s), unless you 2

3 selected to add loss cover to your Policy and paid the additional premium. 3.6 Any loss or costs you may suffer or incur in respect of: (a) Depreciation in value, loss of use, loss of software, information or data stored in memories or any indirect losses which result from the incident that caused you to claim except as may be covered elsewhere in this Policy; (b) Any claim for costs associated with calls or data downloads made during the period after the covered product(s) was stolen or lost; (c) Claims for accessories which are not integral to and forming part of the gadget will not be covered, as Insured risks relating to or costs or charges incurred in repairing or replacing accessories such as headphones, aerials, battery chargers, batteries or memory cards are not considered to result in damage to the gadget; (d) Any insured risk caused by neglect, misuse or abuse of the covered product(s) by you or any person using the covered product(s) with your permission; (e) Confiscation of, or detention by order of any government or public authority (including any customs official) of the covered product(s); (f) Costs of repair or replacement where the insured risk to the covered product(s) is covered by the relevant manufacturer s guarantee or warranty for either parts or labour unless the insured risk falls outside of the terms of the manufacturers warranty; or (g) Section 3: Exclusions Continued Costs incurred in the covered product(s) being routinely serviced, inspected, adjusted or cleaned. 3.7 Covered product(s) which are not owned by you, for example those given to you by your employer for work or commercial purposes or those lent to you by a friend. 3.8 Any claim where you have failed to use the covered product(s) in accordance with the manufacturers instructions. 3.9 The cost of any claim for repair where there was no fault found with the covered product The costs of postage to return the covered product(s) to our repair centre. We will only be responsible for repair and return delivery costs of the gadget after repair or replacement to you The policy excess. You will be required to pay any policy excess in full to us before your covered product is returned to you. Sections 4-7: Conditions of the Policy To have the full protection of your Policy you must comply with Sections 4-7, which are all Conditions of the Policy. Failure to comply with these Conditions may result in our declining any claim made under your Policy or may result in a reduced amount being paid to you in the event of a claim. Section 4: General Conditions The following Conditions apply to all the sections of this Policy. Policy Limit At our discretion, we may choose to either repair or replace your covered product(s), provided always that our total liability does not exceed the lower of the cost of providing you with covered product(s) of at least an equivalent specification or the policy limit. The policy limit is shown on your schedule. If you claim on one or more covered product(s) and the total claim cost reaches the policy limit, then all cover under the Policy will cease with no refund and you will need to purchase a new Policy to continue coverage. Each time you claim for a covered product, this will reduce your remaining policy limit by the amount that the claim cost us to repair or replace that covered product. Premium Payment The amounts you must pay are shown in your Policy schedule. If you pay premiums on a monthly basis, each payment of premium you make is for that following month s cover. In the event that you need to make a claim, the payment of benefits will only be made if your premiums are up to date at the time of the insured risk which gives rise to the claim. All rights to benefit cease after the last day of the period covered by the final premium payment. Monthly payments If the chosen method of payment of your premium is monthly either by direct debit or otherwise and you fail to make a monthly payment of premium at any time in the period of insurance by the due date, we will issue you with a reminder asking for payment by a certain date. If you still fail to pay then the cover under the Policy will automatically lapse. If you cancel your monthly payment before the end of the period of insurance, we will cancel your Policy from the final day of the month in which the last premium was paid. Your Duty of Care You shall take all reasonable precautions to protect the covered product(s) against insured risks and shall use and maintain the covered product(s) in accordance with the covered product(s) manufacturer s instructions. General Exclusions This Policy does not cover any insured risks for the covered product(s) arising out of any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil commotion, terrorism, rebellion, revolution or military or usurped power, riot, fire, explosions, nuclear reaction or radiation, Acts of God, storms, lightening, floods, frost, atmospheric or climatic conditions, mould, fungus, or insects. Your Residence You are only entitled to the benefits and entitlements under this Policy if you live and have your main residence in the Republic of Ireland at the time of the insured risk occurring to the covered product(s). Territorial Limits Cover is provided for insured risks occurring anywhere in the world. A repair will be delivered only to an address in the Republic of Ireland. Recovered Covered Product(s) Should we replace any covered product(s) the original covered product(s) becomes our property. If the original covered product(s) is recovered you must return it to us. We will not be required to replace a covered product(s) that has suffered accidental damage, malicious damage or theft damage unless you return it to us first. Other Insurances If you have another insurance policy covering the covered product(s) in force at the time you make a claim on this Policy, then we will agree to pay you irrespective and without regard to such other insurance. However, such other insurance shall not act to increase our liability or any amount we shall pay under this Policy. 3

4 Section 5: Notifying a Claim You must report any loss, theft, theft damage or malicious damage caused by a third party to the covered product(s), to the police within 24 hours of discovery of such loss, theft, theft damage or malicious damage and you must provide us with the crime reference number and the name of the police station showing that you have done so. If your covered product(s) is subject to an insured risk, you should report your claim to the adjuster as soon as reasonably possible after discovery of the incident by calling the RMS Claims line on If you are overseas when the insured risk occurs then you must report the incident as soon as reasonably possible following your return to the Republic of Ireland. NOTE: This Policy does not cover the cost of illegal use of any telephone calls or data downloads made on any of Your Covered Products. In the event of Loss or Theft, You should immediately report it to Your airtime/data provider to ensure use of the Covered Product is blocked. We may request completion of a claim form, which we will supply. This must be fully completed by you and submitted as soon as reasonably possible. Section 6: Claims All Claims payable under this Policy will be paid in the Republic of Ireland. In the case of claims for covered product(s), which are capable of being economically repaired, you will be responsible for the costs of postage to return the covered product(s) to our repair centre. We will be responsible for repair and return delivery costs only. You will be required to pay any policy excess in full to us before your covered product is returned to you. You may incur delivery costs and an administration charge if you are not at the delivery address as arranged. Section 7: Changes and Alterations You must advise us of any changes to your covered product(s) or personal details either on-line at Gadgetinsurance.ie, or by calling Gadgetinsurance.ie on so that we may register your new covered product(s) under your Policy. Your Policy only covers you for covered product(s) registered with us at the time of the insured risk which gives rise to a claim. Section 8: Deception, Fraud and Illegal Use This Policy shall be immediately voidable at our discretion in the event that you have deliberately not told the truth at the time of purchase. If any claim is found to be fraudulent, or if you give misleading information when making a claim, the claim will be declined and you shall forfeit all entitlements and benefits under this Policy. No refund of premium will be allowed and we may inform the police, government or other regulatory bodies in these circumstances. This Policy shall also be immediately voidable at our discretion in the event that a covered product(s) that would otherwise be covered under the Terms of this Policy is used wholly or partly in the course of criminal activity or to facilitate or enable any criminal act to take place. Section 9: Term of Cover The period of insurance is one year starting on the purchase date stated in the schedule. You may be able to renew your Policy subject to satisfying underwriting acceptance criteria as defined by us. The period of insurance includes the first 14 days applicable to Exclusion 3.1, under which any claim resulting from any insured risk which occurs within the first 14 days from the purchase date shall not be covered. This 14 day period commences again on any new or changed covered product(s) which is added to your Policy after purchase. Section 10: Changes to Terms and Conditions To make sure you have continuous cover under your Policy, we will aim to automatically renew (auto-renew) your Policy when it runs out, unless you tell us not to. Each year we will notify you 31 days before the renewal date of your Policy, and tell you about any changes to the premium or the Policy Terms and Conditions. If you have chosen to pay your premium monthly by direct debit, your cover is provided on a rolling monthly basis and will automatically be renewed annually unless you have advised us that you do not want your Policy to be automatically renewed or you no longer meet the eligibility criteria to be a Gadgetinsurance.ie gadget cover insurance policyholder. Regardless of whether your payment is paid in one annual payment or by monthly direct debit, we will write to you prior to the renewal date of your Policy to remind you that your Policy is due to be renewed. You can opt out of automatic renewal by calling Gadgetinsurance.ie on , otherwise we will collect the renewal premium from your credit card or debit card. You should also note that your renewed Policy will only be valid when: you have told us about any changes to your Policy details and your credit card or debit card details have not changed In some cases we may not be able to automatically renew your Policy; we will let you know at the time if this is the case. For the facilitation of the auto renewal service we are entitled to assume that your details have not changed and you have the permission of the card holder unless you inform us otherwise. Section 11: Cancellation You may cancel this Policy without charge within 14 days from the purchase date of this Policy as defined in your schedule or, if later, 14 days from the date that you receive these Terms and Conditions and we will refund any premium you have paid, providing you have not made any claim during this period. After this date you can cancel this insurance and unless you have arranged to pay for your Policy by monthly direct debit, we will refund a proportion of the premium you have paid within 30 days of the date you contact us to request cancellation minus 4

5 Section 11: Cancellation Continued the cost of any claims paid on the Policy. If your chosen method of payment is by monthly direct debit and you decide you want to cancel the payment arrangement before the end of the 12 month period of insurance, you will not be entitled to receive a refund of the monthly payments you have made to date and no future payment of premiums will need to be made. However, if a claim has been submitted or you intend to submit a claim you must pay the remaining premiums due before cancelling the Policy. Both you and we may cancel this Policy at any time after the first 14 days has expired by giving the other party one calendar month s notice. If you wish to cancel your Policy please contact Gadgetinsurance.ie on We believe you deserve courteous, fair and prompt service. If there is any occasion when our service does not meet your expectations please contact us using the appropriate contact details below, providing the Policy/Claim Number and the name of the Policyholder/Insured Person to help us deal with your comments quickly. Claims related complaints: Claims Manager, RMS Ltd, 1 The S.V. Rutter Business Centre, 126 Great Lime Road, Westmoor, Newcastle Upon Tyne NE12 6RU Telephone: +353 (0) All other complaints: Section 12: Complaints Customer Care Manager, Gadgetinsurance.ie, Plaza 212, Blanchardstown Corporate Park, Blanchardstown, Dublin 15 Telephone: +353 (0) We will acknowledge the complaint within 5 business days of receiving it, keep you informed of progress and do our best to resolve matters to your satisfaction within 8 weeks. If we are unable to do this you may be entitled to refer the complaint to an Ombudsman Service who will review your case. We will provide full details of how to do this when we provide our final response letter addressing the issues raised. Please note: An Ombudsman may not be able to consider a complaint if you have not provided us with the opportunity to resolve it previously. For claims related complaints - The UK Financial Ombudsman Service (FOS) address is: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR Telephone: (free for people phoning from a fixed line, i.e. a landline at home) (free for mobile-phone users who pay a monthly charge for calls to numbers starting 01 or 02) complaint.info@financial-ombudsman.org.uk For Other complaints - The Republic of Ireland Financial Services Ombudsman (FSO) address is: The Republic of Ireland Financial Services Ombudsman 9SR 3rd Floor, Lincoln House, Lincoln Place, Dublin 2 Telephone: or enquiries@financialombudsman.ie Following this complaint procedure does not affect your right to take legal action. Section 13: Demands and Needs This Policy meets the demands and needs of an individual who wishes to purchase protection against insured risks to the covered product(s) as identified in your schedule. Section 14: General Information The parties are free to choose the law applicable to this insurance contract. Unless specifically agreed to the contrary this insurance shall be subject to the Law of England and Wales and you and we agree to submit to the courts of England and Wales to determine any dispute arising under or in connection with it unless agreed to the contrary by you and us before the purchase date. The Terms and Conditions of this Policy will only be available in English and all communication relating to this Policy will be in English. This insurance is underwritten by Chartis Europe Limited which is authorised and regulated by the Financial Services Authority (FSA number ). This information can be checked by visiting the FSA website ( Registered in England: company number Registered address: The Chartis Building, 58 Fenchurch Street, London EC3M 4AB. This Policy is sold and administered by Blue Insurances Limited, No , whose registered office is at Plaza 212, Blanchardstown Corporate Park, Blanchardstown, Dublin 15 which is authorised and regulated by the Central Bank of Ireland. RMS Ltd provides claims handling services on behalf of Chartis Europe Limited. Financial Services Compensation Scheme (FSCS) Chartis Europe Limited is covered by the FSCS. If we are unable to meet our financial obligations you may be entitled to compensation from the scheme, depending on the type of insurance and the circumstances of the claim. For this type of insurance, 90% of your claim is covered, without any upper limit. Further information about compensation scheme arrangements is available at and on , or

6 Section 15: How We use Personal Information We are committed to protecting the privacy of customers, claimants and other business contacts. Personal Information identifies and relates to you or other individuals (e.g. your dependants). By providing Personal Information you give permission for its use as described below. If you provide Personal Information about another individual, you confirm that you are authorised to provide it for use as described below. The types of Personal Information We may collect and why - Depending on our relationship with you, Personal Information collected may include: identification and contact information, payment card and bank account, credit reference and scoring information, sensitive information about health or medical condition, and other Personal Information provided by you. Personal Information may be used for the following purposes: Information will be retained for the period necessary to fulfil the purposes described above. Requests or questions - To request access or correct inaccurate Personal Information, or to request the deletion or suppression of Personal Information, or object to its use, please DataProtectionOfficer@chartisinsurance.com or write to Data Protection Officer, Legal Department, Chartis Europe Limited, The Chartis Building, 58 Fenchurch Street, London EC3M 4AB. More details about our use of Personal Information can be found in our full Privacy Policy at com/uk/privacypolicy or you may request a copy using the contact details above. Insurance administration, e.g. communications, claims processing and payment Decision-making on provision of insurance cover and payment plan eligibility Assistance and advice on medical and travel matters Management and audit of our business operations Prevention, detection and investigation of crime, e.g. fraud and money laundering Establishment and defence of legal rights Legal and regulatory compliance, including compliance with laws outside your country of residence Monitoring and recording of telephone calls for quality, training and security purposes Marketing, market research and analysis To opt-out of marketing communications contact us by at: marketing.uk@chartisinsurance.com or by writing to: Head of Marketing, Chartis Europe Limited, The Chartis Building, 58 Fenchurch Street, London EC3M 4AB, United Kingdom. If you opt-out we may still send you other important communications, e.g. communications relating to administration of your insurance Policy or claim. Sharing of Personal Information - For the above purposes Personal Information may be shared with our group companies, brokers and other distribution parties, insurers and reinsurers, credit reference agencies, healthcare professionals and other service providers. Personal Information will be shared with other third parties (including government authorities) if required by law. Personal Information (including details of injuries) may be recorded on claims registers shared with other insurers. We are required to register all third party claims for compensation relating to bodily injury to workers compensation boards. We may search these registers to detect and prevent fraud or to validate your claims history or that of any other person or property likely to be involved in the Policy or claim. Personal Information may be shared with prospective purchasers and purchasers, and transferred upon a sale of our company or transfer of business assets. International transfer - Due to the global nature of our business Personal Information may be transferred to parties located in other countries, including the United States and other countries with different data protection laws than in your country of residence. Security and retention of Personal Information Appropriate legal and security measures are used to protect Personal Information. Our service providers are also selected carefully and required to use appropriate protective measures. Personal - GIIRL/V2/