Samsung Care Product Disclosure Statement (1 September 2016) Definitions

Transcription

1 Samsung Care Product Disclosure Statement (1 September 2016) Samsung Electronics Australia Pty Ltd (ABN ) ( Samsung ) of 3 Murray Rose Ave, Sydney Olympic Park NSW 2123, has arranged this Accidental Damage Protection (Cover) through a master insurance policy ( Master Policy ) from Virginia Surety Company, Inc. (ARBN ; AFSL No ) ( VSC, We, Us and Our ) of Level 2, 693 Burke Road, VIC The Warranty Group Australasia Pty Ltd (ABN ) ( TWG ) has been appointed by Us to perform claims and administration functions. Samsung may be contacted on or via on their website at VSC and TWG may be contacted on or via at vscau@thewarrantygroup.com VSC is the issuer of this Product Disclosure Statement and the Master Policy to Samsung. Samsung is the insured party under the Master Policy. You are not an insured party but You will receive cover under the Master Policy as a third party beneficiary pursuant to the Insurance Contracts Act We have appointed Samsung as Our principal distributor for the purposes of issuing this Cover and have authorised them to distribute this Product Disclosure Statement. Samsung and its affiliates may share a fee of up to $40 for arranging this Cover. Samsung provides this benefit without providing any financial product advice or recommendations to You and without consideration of Your objectives, financial situation or needs. Definitions Some words have special meaning in this Product Disclosure Statement. These words are listed below. Accidental Damage means operational or mechanical failure caused by an accident from handling that is the result of an unexpected and unintentional external event (e.g. the device being dropped or liquid contact) that arises from Your normal daily use of the Samsung device. Contribution means the amount required to be paid by the Purchaser to obtain this Cover as advised by Samsung. Contribution Date means the date on which the Purchaser pays the Contribution to Samsung or its affiliates. Cover or Accidental Damage Protection means that, subject to these Terms and Conditions, We will replace the Samsung device that suffers Accidental Damage. Period means two (2) years from the Contribution Date, unless otherwise provided in these Terms and Conditions. Purchaser means a person, a sole proprietor, body corporate, an unincorporated association or an authority who has paid the Contribution to Samsung or its affiliates. Terms and Conditions means the terms on which Cover is provided to You as set out in this Product Disclosure Statement You, Your means the Purchaser. Document ID: SAM OPT IN AD T&C 0916/001 Page 1 of 5

2 Accidental Damage Protection Subject to these Terms and Conditions, provided that: the Purchaser has paid the Contribution to Samsung or its affiliates; and the Purchaser has bought a Samsung device in Australia no earlier than 30 days prior to the Contribution Date, You will be entitled to the Cover in respect of the Samsung device. When Your Samsung device is Accidentally Damaged during the Period following Your Contribution Date, We will arrange to replace the Samsung device subject to these Terms and Conditions. We will provide a replacement device that may be new or reconditioned. The replacement device will be of a like or similar model having the same functionality as the original Samsung device. You must pay an excess when You make a claim which has been accepted under the Cover. A replacement Samsung device will not be provided until the excess is paid. The excess required to be paid on an accepted Accidental Damage claim is $149. Additional benefits As a purchaser of Samsung Care, you will also be entitled to additional benefits from Samsung during the Period. Samsung will give you priority if you need to queue in a Samsung store. In addition, if You are having difficulty navigating Your new Samsung device You will have access to a team of specially trained Samsung device experts, simply call the Samsung call centre on Period of Cover Your Accidental Damage Protection ends when two years have elapsed from Your Contribution Date or earlier if You reach Your Limit of Liability. Limit of Liability The benefit provides for a maximum of two (2) claims over the Period of Cover. General Exclusions Our liability to pay a claim is excluded in the following circumstances: You have not taken reasonable care to prevent the Accidental Damage of Your Samsung device; Failure of the Samsung device caused by mechanical or electrical breakdown not resulting from Accidental Damage; Document ID: SAM OPT IN AD T&C 0916/001 Page 2 of 5

3 The damage to Your Samsung device is a result of wear and tear, gradual deterioration or developing flaws as a result of ordinary use or operation; You can claim for repair or replacement of Your Samsung device as a result of Accidental Damage from a supplier, home insurance or motor vehicle insurance; Your claim is fraudulent or the Accidental Damage cannot be reasonably proven; The fault results from any electronic virus or relates to software on the Samsung device; Any Samsung device that has been repaired or attempted to be repaired by a person other than one We have designated. We will not reimburse You for any repairs that You or another person make or attempt to make to the Samsung device or any damage caused as a result of unauthorised repairs; Any recovery or transfer of data stored on the Samsung device. You are solely responsible for all data stored on the device. We do not provide You any data recovery services under these Terms and Conditions; The Accidental Damage to Your Samsung device is caused by, or contributed to by war, invasion, acts of foreign enemy, hostilities (whether war be declared or not), civil war or strife, rebellion, revolution, insurrection, military or usurped power, confiscation, nationalisation requisition, or destruction of, or damage to property by or under the order of any government, public, or local authority or looting, sacking, or pillage following any of the above; Your Samsung device is located outside of Australia at the time of the Accidental Damage; Your Samsung device was purchased outside of Australia; Device repairs that are covered by Samsung s manufacturer warranty or an extended warranty or are a result of a recall; Cosmetic damage (other than a cracked screen) not causing operational or mechanical failure of the Samsung device; Accidental Damage due to external causes including third party actions, industrial disasters, fire, insects, animals, exposure to weather conditions, extreme temperature, windstorm, sand, dirt, hail, earthquake, flood, water, acts of god or consequential loss of any nature, except Accidental Damage due to contact with a liquid; Accidental Damage from abuse, misuse or introduction of foreign objects into the device; Loss of or damage to software of any type whatsoever; Failures due to incorrect electrical supply or improper use of electrical source. How to make a Claim In the event of Accidental Damage to Your Samsung device which might give rise to a claim under this Cover You may lodge Your claim at or contact the Samsung claims hotline on within two business days of the damage occurring. Please ensure You have Your retailer s tax invoice ready which shows the Samsung device purchased and the date it was purchased. You have several responsibilities prior to sending in the Samsung device, such as: remove all data, including confidential information, proprietary information and personal information from Your Samsung device. If You are unable to remove any such information, modify the information to prevent its access by another party or so that it is not personal data under applicable law; remove all features, parts, options, alterations and attachments not covered and ensure that Your Samsung device is free of any legal restrictions that prevent its replacement. Document ID: SAM OPT IN AD T&C 0916/001 Page 3 of 5

4 Upon notification of a claim being lodged, You must give Us an opportunity to assess and inspect the damage. If Your claim is accepted, You will be required to pay the excess applicable prior to receiving a replacement device. We will take possession of the damaged Samsung device and dispose of it. Any value We are able to recover from the damaged Samsung device will be retained by Us. Cooling Off Period We understand that all customer needs are different. Accordingly as part of this benefit We offer a thirty (30) day cooling off period (starting from the Contribution Date). If You should decide for any reason whatsoever that this benefit does not suit Your individual needs, You may request a full refund of Your Contribution as long as no claims have been lodged. Cancellations are not available outside of the cooling off period. To request a refund within the cooling off period, lodge Your cancellation request at samsungcare@thewarrantygroup.com or contact the Samsung cancellation hotline on Dispute Resolution Should You have a concern relating to any area of Our business with respect to Your Accidental Damage Protection You may request that it be dealt with by the supervisor or manager directly responsible for that area. If Your complaint is not resolved by the supervisor or manager, Your complaint may then be referred to Our Internal Dispute Resolution Panel. You can contact Our Internal Disputes Panel: by ing Us at customerfeedback@thewarrantygroup.com or by phone on We will respond to Your complaint in writing provided We have all the necessary information. If You are not satisfied with the Panel s outcome, You may refer the matter to the Financial Ombudsman Service (FOS). The FOS may be contacted: by phone on (local call fee applies); by fax on (03) ; by post at GPO Box 3, Melbourne VIC 3001; by ing them at info@fos.org.au; or on the web at Your Privacy Virginia Surety Company, Inc. is bound by the Australian Privacy Act In order for You to participate in this Accidental Damage Protection, We need to be provided with certain personal information about You. We collect personal information from our business partners and service providers in connection with the Cover and from You directly during the claims process. Collection of Your personal information from Our business partners and service providers usually occurs at the point of sale. If You do not provide them with this information Your application may not be processed or, We may not be able to administer claims or handle inquiries in connection with the Cover. The purposes for which We are provided with Your personal information are to provide the Cover, handle inquiries Document ID: SAM OPT IN AD T&C 0916/001 Page 4 of 5

5 about the Cover, for security checks to verify Your identity, to administer claims and related, secondary or ancillary purposes. The personal information We are provided with may be disclosed to assessors, loss adjusters, and other service providers who perform activities in connection with the purposes for which We collect, as well as companies within The Warranty Group including Our companies in the UK, USA, Japan, China and New Zealand. In accordance with Our Privacy Policy You have rights of access to, and correction of, Your personal information upon request. You also have the right to complain about Our management of Your personal information, which is also detailed in Our Privacy Policy. If You would like a copy of Our Privacy Policy, would like access to the information We have about You or wish to make a complaint, please contact Our Privacy Officer on or visit By making a Contribution, You consent to Us managing Your personal information in accordance with Our Privacy Policy. Financial Claims Scheme If We become insolvent, this Cover may be protected under the Federal Government s Financial Claims Scheme administered by the Australian Prudential Regulation Authority (APRA). This means that if You meet certain eligibility criteria You may be entitled to payment under the scheme. For more information please refer to the following website: Contact Details Samsung device Support Cover and Cancellations Enquiries Claim Lodgements samsungcare@thewarrantygroup.com Document ID: SAM OPT IN AD T&C 0916/001 Page 5 of 5