The future is exciting. Ready? Vodacom Legal Cover Core Policy

Transcription

1 The future is exciting. Ready? Vodacom Legal Cover Core Policy

2 Introduction It s our great privilege to welcome you to the Vodacom Legal Cover family. Today marks the first day of your brand new carefree journey doesn t it feel great knowing your legal worries are a thing of the past? The Vodacom Legal Cover Core policy is designed to help you understand your legal rights and enforce these rights with the help of Vodacom Legal Cover. Your policy gives you access to legal assistance when you need it most, and your benefits kick into gear from the moment we receive your first premium. Terminology Vodacom Insurance Refers to Vodacom Insurance Company (RF) Limited, the guys who underwrite the benefits that you ll be enjoying as a Vodacom Legal Cover Policyholder. Main Policyholder Refers to YOU! The person who signed up for this policy and who is responsible for paying the monthly premium. Waiting Period The time that must pass (after your Start Date) before you can start using your benefits. Any legal issue that may arise during the Waiting Period or before the Start Date of your policy, will not be covered. SARS Refers to the South African Revenue Service.

3 01 Benefits you enjoy

4 01 your spouse (only one), your children who are still dependent on you (under 26, not working, unmarried and permanently living with you), and any other family members that you may have added to your policy (if you ve chosen the extended family plan option). Remember, this is all subject to the rules and regulations in paragraph 1.2, so be sure to read through your policy need a legal practitioner to represent you in the following cases: Civil Actions: 1. Where you want to sue another person for money, goods or services based on a written agreement. Remember that we cannot cover you if you don t have a written agreement with the other party. 2. Where you re the one being sued by another person - it doesn t matter why they re suing you, as long as it doesn t go against any of the terms and conditions in this policy Criminal Cases and Bail Applications: Where someone has accused you of committing a crime or doing something illegal. Please note: guilty pleas are covered, except in cases that are drug or alcohol related Employment-Related Cases: Where you could lose your job if your boss wins the case Maintenance Hearings: Where the other parent is represented by a legal practitioner Divorce Cases Before we can help you or cover you for any of these cases, there are conditions that apply: a. b. c. Before you can make use of this benefit, you need to wait 1 month (and in case of divorce, 3 months) as a Waiting Period applies. This also means that, whatever the problem or issue was that led to the court case, it must have originated at least 1 month after your policy has started. Your monthly Vodacom Legal Cover fees (policy premiums) must be paid and up to date - in other words, we cannot help you if you owe us any money. Before we can provide cover, you must be able to prove to us that you have a good chance of winning your case. We will look at other similar cases that have taken place in South Africa, to see how successful they were. Lastly, the Vodacom Legal Cover Merits Committee will look at your case and decide whether or not it s worth going to court. If we d. feel that you do not stand a good enough chance of winning the case, the Merits Committee will reject your claim. When it comes to criminal cases where you will in all likelihood be found guilty, we will cover you if you plead guilty that s to say, if the crime was not in any way related to alcohol or drugs. Obligations. In order to get cover or legal assistance, e. Whatever the case may be that you need cover for, it must have happened in South Africa and you must be a South African citizen or foreign national legally residing or working in South Africa. We can also only assist you if the case is being handled by a South African Court. f. When it comes to divorces, you will only be able to use R (per divorce) of your policy to cover it. As we mentioned before, there s a 3-month Waiting Period in other words, you can only be covered for a divorce if the reason for the divorce started after 3 months. g. In a divorce battle, if your spouse has a legal practitioner at their side (and has served you with a Notice if Intention to Defend), this policy will cover you as the Main Policyholder. h. If you get married after you ve become a Vodacom Legal Cover Policyholder, your new spouse and their children will be added to your policy. Their Start Date will be the date of your marriage. i. Your policy does not cover any interdicts, eviction orders, sequestrations, Rule 43 applications (for instance, for maintenance or custody during a divorce case) or other self - motivated court applications. j. We do not cover civil matters that fall under the authority (i.e. jurisdiction) of the Small Claims Court. k. If you decide to add family members to your policy (with the extended family plan) they will only be premium. What s more, they will only be covered for legal matters that started after this Start Date. l. We cannot cover you if the case is based on any of the following: i. A dispute about your residence in South Africa as a foreign national or any matter related to your deportation. ii. Where you ve been a victim of defamation of character, and cannot prove that you good name was publically tarnished and that you suffered iii. Unlawful arrest or malicious prosecution for instance, if you were arrested without a valid reason

5 and you now want to sue the State or complainant. iv. Pain and suffering - for instance if you suffered pain due to a medical Doctor s negligence. v. A transaction, case or issue that is business related. Remember, this policy covers your private life and excludes legal disputes resulting from any business dealings. vi. An issue or dispute between you and Vodacom Legal Cover, any of its employees or subsidiaries or Vodacom Insurance. vii. A Constitutional Court matter. viii. Civil commotion, labour disturbances, riots, public disorder, unlawful strikes, lock-out and civil disobedience, war, invasion, acts of foreign enemies, hostilities or warlike operations, mutiny arising in other words, if you cause problems in our beautiful country, we cannot take your side. ix. Any case where you were accused of being under x. A case or issue where you re allowed to pay an unfortunately. xi. A claim against the Road Accident Fund (RAF). xii. Adoption or custody rights. xiii. Political activities in any government, local or tribunal authority that you ve taken part in. Waiting Period to the Main Policyholder. g. Payment of up to R5000 Bail: per policy per year, where the bail application was covered and the bail set an amount no more than R5000 (i.e. no pro rata bail cover where the amount is more than R5000). This amount will be paid to the court, provided that a Vodacom Legal Cover approved Panel Attorney has been instructed to assist with the bail hearing. h. Rescission of a Magistrate Court Judgement: provided that the judgement was obtained after the start of your policy. You will need to prove that you have a valid defence or that you have settled the judgement debt in full and that the creditor has agreed to rescission. Kindly note that rescissions based on a creditor s consent are limited to 2 applications per policy per year. i. Tax advice: have a look at Annexure A for more details. * Please Note: provided for under BENEFITS YOU ENJOY, will not be covered by your policy. So, before you lodge a claim, please make sure that the document. paragraph 1.1 is fantastic on its own, but there s so much more to your policy. You will also enjoy the following a. Access to a 24-hour Legal Emergency Line which is ideal in the case of (for instance) after-hour bail applications. b. Legal Advice: on practically any legal matter where you re involved on a personal level (in other words, not business-related). c. Our legal professionals will help you settle all your personal legal matters - in an attempt to avoid the courtroom! This means you don t have to deal with the stress and hassle involved with court cases. We will help you resolve your case by negotiating with third parties via telephone, , fax and letters. Remember, this does not cover your business matters or matters that arose before you joined. d. Access to a Variety of Contracts: like sale and lease agreements all set up and ready for you to use. Simply contact our Legal Call Centre to get access to our templates. e, Up to 50% Discount on Transfer Fees: (not transfer duty) when making use of one of our recommended Panel Attorneys (do note, however, that your discount will depend on the actual purchase price). f. One Free Prenuptial Agreement: just remember

6 02 Your Obligations

7 a. Don t delay - when you become aware of a legal issue that you need help or cover for, make sure you report it to Vodacom Legal Cover within 31 days b. When you want to report a new case, use the contact details on your Client Card to get in touch with us and make sure that you have your policy or ID number on hand. c. If you feel that you were denied cover without good reason, or if you disagree with the way we handled your case, don t just leave it there. Please put your reasons in writing and send it to the person whose details appear on the rejection letter. d. Before you claim from your Litigation insurance you might have for example, if j. you re only allowed to make use of the mediators appointed by Vodacom Legal Cover. If you decided to use another mediator who was not approved and appointed by Vodacom Legal Cover (in writing), your policy won t cover it. k. If you want to cancel your policy, we ll be sad, but we won t stand in your way. We only ask that you give us 31 days notice (in writing, of course). l. Should you need to call on any expert witnesses to testify on your behalf, you will have to pay their fees. m. You must attend all court dates. If you do not appear in court without a valid reason, and we lose any bail money paid, you will have to pay the money back to Vodacom Legal Cover. insurance to repair your car. e. We can t help you if we don t have enough insight into your case. It s your responsibility to pay for and provide us with all the necessary documents, reports, statements and other evidence that we might need. If you drop the ball and don t send us these documents, we may reject your claim so please get your matters in order. f. agreements, we can only cover you if you obeyed all terms and conditions. Always make sure that you stick to the rules of the agreement and that your car is only driven by licensed drivers. g. Whenever you send us information, triple check that it s 100% accurate, and don t keep any important information from us. If you are not honest with us, you can lose your cover entirely and you ll have to foot the bill for all legal fees. h. If ever you need to use a lawyer who s not part of our team, we ask that you chat to don t, you ll have to pay all the legal fees and we won t be able to refund you for it. i. If you decide not to make use of Vodacom Legal Cover s lawyers to represent you in court, we may only pay your lawyer up to the Vodacom Legal Cover tariffs. Any extra costs will have to come out of your own pocket.

8 03 Payments Your premium must always be paid on a monthly basis, for the month ahead (in advance). This means that you will then be covered until the next month, when your next payment is due. We understand that some months aren t easy, that s why we allow a grace period of 31 days (after the due date) for you to pay your premium. Unfortunately, if we still haven t received your payment by the end of the 31 days, your cover will be stopped. But all is not lost You can start paying your premium again at any time, but please note that a reinstatement fee will be charged and your policy will have a new Start Date and Waiting Period. Keep in Mind: Your monthly premium is subject to annual review. That means we may adjust your premium due to external factors (such as inflation, increases in legal fees or operational expenses). Please don t worry If you won t be able to afford the new premium, let us know and our Sales Agents will get in touch about more affordable options. 04 Amendments If, for whatever reason, we decide to change or cancel your policy, we will give you 31 days notice. Keep an eye on your inbox, cell phone or post box, because we ll be sending you notifications vial , SMS or by post If we feel that you are misusing your benefits or not playing fair, we have the right to add extra terms and conditions to your policy. As long as you keep to the rules, we ll go the extra mile for you simple as that. Use your benefits Simply call your problem to legalcover@vodacom.co.za Are you happy with our service? Or perhaps feel we can improve? We d love to hear from you. Contact our Client Service Team on or send an to legalcover@vodacom.co.za

9 Annexure a tax advice benefit After your 1-month Waiting Period is over, you will get direct access to our team of tax professionals. Simply pick up the phone, dial our call centre, and get advice on the following tax related issues: Income Tax; Salary structuring; Provisional tax; Retirement Annuities deduction; Pension deduction; Company Vehicle and possible deductions; Travel allowance; Medical Aid deduction; Non-residency principle; Interest deduction; Subsistence allowance deduction; Advice on handling disputes with SARS; Advice on raising objection on assessment; Individual Capital Gains Tax; Donations Tax. Get the necessary documents from third parties (for instance IRP5, medical certificates etc.). We never deal directly with third parties and we can t get the info or documents related to your tax returns on your behalf - it s all up to you! It s important to remember that: The Tax Benefit service is only reserved for the Main Policyholder, and can only be used for personal matters this means we cannot help you if your question is business-related. We can only provide you with tax advice over the phone or . When the time comes to pay tax, it s up to you to make the payment arrangements with SARS. It s also your responsibility to: Update your personal information (like address or banking details) at SARS - we cannot do this on your behalf.

10 01 Accidental Death Benefit

11 01 Accidental Death Benefit SCHEDULE INSURED AMOUNT: Core R Plus R INSURER: Vodacom Life Assurance Company (RF) LTD PERIOD OF INSURANCE: You are insured from: - Date of your first premium payment To: a. Date of cancellation of your Accidental Death benefit, either by us at Vodacom or your Insurer (after you ve been given 30 days written notice) OR b. Termination of your Vodacom Legal Policy no matter what the reason. Kindly note: Your accidental death benefit only covers your life (i.e. main Vodacom Legal Policyholder aged 18 to 65 years), and you need to always take the Terms and Conditions of this document into consideration. What s more, your premiums must be paid up to date in other words, if at the time of your death there is still money outstanding, we can t provide the necessary cover. HOW DO I CLAIM? When the time comes to put in a claim, giving us a call on We will then submit the claim on your Nominated Beneficiary s behalf. TERMS AND CONDITIONS If during the Period of Insurance, you sustain any Bodily Injury which directly and independently of all other causes results, within 24 (twenty-four) calendar months of the Accident, in Death as specified in the circumstances set out in the Schedule to this Insurance, the Insurers agree to pay to the Nominated Beneficiary or the Insured Person s Estate the compensation stated in the Schedule. DEFINITIONS BODILY INJURY means an injury to your body that was caused by an Accident. This also includes injuries that were caused by starvation, thirst and exposure to the elements as a result of any type of Accident. ACCIDENT means a sudden, unexpected or unusual event that took place at a specific time and place during the time that you re insured with us. NOMINATED BENEFICIARY refers to the person that you (the Insured Person) chose to receive the money in the case of your accidental death. If you don t choose such a person, the payment from your Policy will be added to your estate. EXTENSIONS INCLUDED BODY TRANSPORTATION: If your death takes place in South Africa but more than 100km from where you live, we will pay to have your body transported and returned to your home for the funeral (up to a maximum of R5000). FUNERAL COSTS (ACCIDENT RISKS ONLY): In the unfortunate event that you (as the Insured) suffer an Accidental Death and tick all the boxes in this document, we will cover the costs of having your body prepared for the funeral or cremated. What s more, we ll also cover the cost of your gravestone or urn, up to a limit of R7000. EXCLUSIONS As tragic as accidents and deaths are, there are circumstances in which we can t support you or your family. Unfortunately we cannot pay out Compensation if your death: a. is caused by suicide or intentional self-injury, or if your death is the result of putting your own life in danger unless of course it was in an attempt to save someone else s life; b. was caused by an existing medical condition, physical defect or other infirmity; c. occurs before you turn 18 or after you turn 65 (unless otherwise stated in this document); d. occurs while you re travelling by air and you re not a passenger or a crew member, or on board to assist with the technical operation of the airplane; e. occurs while you re behind the steering wheel of a motor vehicle or craft, and your alcohol blood count is higher than the legal limit at the time of the Accident; f. (f1) occurs while taking part in any riot, civil commotion or public disorder: (f2) arising from war, invasion, act of foreign enemy, hostilities (whether war be declared or not) civil war rebellion military or usurped power

12 enemy, hostilities (whether war be declared or not) civil war rebellion military or usurped power while you re on active service with the military, naval, air or police services of any nation. That s of course to say if your Insurance will continue to apply in respect of Bodily Injury sustained independently of such contingencies; g. is a result of a venereal disease or Acquired Immune Deficiency Syndrome (AIDS) or Aids Related Complex (ARC) or Human Immunodeficiency Virus (HIV), regardless of how you contracted this syndrome in the first place or what it s called; h. occurs while you re participating in any type of sport as a professional player; i. is the result of a mental and/or nervous disorder, or any condition that could be traced back to stress or stress-related situations, except for those caused by an Accident (as defined in this document). CONCLUSIONS It s important to remember that this Insurance document and the Schedule must always be read side by side, as one contract. This basically means that if you read a word or expression in the one document, that word or expression will have the same meaning in the other. This Insurance will be governed by the laws of the Republic of South Africa, so if there are any problems or issues that occur, we ll resolve it under the jurisdiction of the South African Court. 1. This Insurance can be cancelled at any time by the Insurer or LAW FOR ALL, after you ve been given 30 days notice in writing. 2. Your Insurance is not assignable. This means that, in the event of your death, we can only pay out your Insurance to your Nominated Beneficiary or your estate. Once we ve paid that out, we unfortunately won t have any further responsibility towards you or your family nor you to us. 3. If we suspect foul play, your Insurance can be cancelled or voided for instance, if we find that there has been some kind of misrepresentation, misdescription or non-disclosure. 4. It s your responsibility to be careful and always take care of yourself! In order to get the most out of your benefits, you need to do everything in your power to prevent accidents, stay out of trouble, and obey the requirements and regulations. 5. If you re in an Accident and pass away, it s very important that someone close to you lets us know (in writing) as soon as possible (within 180 days of such occurrence). If your Nominated Beneficiary, does not submit a claim within this time period, the claim will prescribe (i.e. lapse). 6. In order to review the claim, we might need a number of certificates, information and evidence. It s your Nominated Beneficiary s responsibility to send it to us (in the correct format). Unfortunately we also cannot carry the costs that might go with acquiring such documentation. 7. If you suffer any Bodily Injury, we ll chat to a qualified doctor or medical practitioner to get their honest opinion on the matter. If he or she believes that you were negligent or that you weren t careful enough, we unfortunately won t be able to approve the claim. 8. In the event of the Insurers disclaiming liability in respect of any claim and an action or suit not being commenced within twelve months after such disclaimer or, in the case of an arbitration taking place within twelve months after the arbitrator will have made his award, all benefits under this Insurance in respect of such a claim, will be forfeited. 9. We all like to exaggerate a little bit when we tell a story! However if we can prove that your injuries have been exaggerated or if you or anyone close to you lay a false or fraudulent claim, You ll lose all your benefits. All we ask is that you play by the rules!

13 Disclosure notice Important information. Please read carefully Know your rights! As a short-term insurance Policyholder, you have the right to receive the following important information don t forget to keep it in a safe place! (This notice does not form part of your insurance contract) About your insurer VODACOM INSURANCE COMPANY (RF) LIMITED is the registered short-term insurer for your Vodacom Legal Cover Policy VODACOM LIFE ASSURANCE COMPANY (RF) LIMITED is the registered long-term insurer for your Accidental Death Benefit Address: Vodacom Corporate Park, 082 Vodacom Boulevard, Midrand, 1685 Tel: legalcover@vodacom.co.za provider & administrator LIPCO BUSINESS (PTY) LTD is an authorised Financial Services Provider (FSP 43170) Address: Blaauwberg Mall, 3 Blaauwberg Road, Table View, 7443 Postal Address: PO BOX 11330, Bloubergrant, LBinfo@lawforall.co.za Tel: (021) Fax: (021) About your Underwriting Manager LIPCO GROUP (PTY) LTD is the Underwriting Manager on your policy. Reg No. 2001/014508/07 Address: Blaauwberg Mall, 3 Blaauwberg Road, Table View, 7443 Postal Address: PO BOX 11330, Bloubergrant, info@lawforall.co.za Tel : (021) Fax: (021) Complaints If you have any complaints or questions about a document, form, product or your policy, you can get in touch with LIPCO Group s Administration and Complaints Departments it s that easy! Here are the details: Call: / feedback@lawforall.co.za Compliance Department Name of Compliance Officer: Adv. W. van der Merwe Tel: (021) Fax: (021) williev@lawforall.co.za LIPCO Group is an authorised Financial Services Provider in terms of the FAIS Act and may render administrative services relating to short-term insurance products under license Exemptions and Restrictions: None If you feel that you weren t given good advice or the right product information, please let us know! Simply contact the Customer Care Centre on or LBinfo@lawforall.co.za Compliance department Name: Comply Sure Tel: (028) complysure@telkomsa.net The Intermediary is an authorised Financial Services Provider in terms of the FAIS Act and may provide advice relating to short-term insurance products under license Exemptions and Restrictions: None The Key individual is Mr J.S. Vos who can be contacted at (021) Please note that the Intermediary has no direct or indirect financial interest in the Insurer. Exemptions and Restrictions: None

14 About the service The product: Vodacom legal cover Vodacom Legal Cover is distributed and administered by LIPCO BUSINESS (PTY) LTD, a Category 1 authorised financial services provider, for which they receive a fee. Party Description Remuneration Frequency Intermediary Intermediary Commission Binder fee 16.5% of premium 3.5% of premium Monthly Monthly Underwriting Manager Binder fee 10% of premium Monthly If you originally signed up through a telemarketer, you can go back to About Your financial services provider and administrator to find the details. Always remember that you are allowed to ask for the recordings of your telephone conversation with the telemarketer at any time, if you need it for any reason. Nature & Extent of Benefits: please refer to the policy document Premium payment obligations, manner: please refer to the policy document Details of special conditions, and frequency, consequences of exclusions, excesses or restrictions: please refer to the policy document. Other matters of importance If you have any complaints or questions about a document, form, product or your policy, please put your complaint in writing and send it to the Underwriting Manager s Complaints Department (see above). If been resolved, you can send your complaint to the Ombudsman for Short-term Insurance, or the FAIS ombud. You don t have to take a polygraph or lie detector test in the event of a claim, and even if you failed the test, it might not necessarily be the reason why we reject your claim. REMEMBER: Your Insurer is not allowed to cancel or stop your insurance just by informing your Intermediary. By law, your Insurer must make sure that you have been to ask for a copy of your policy at any time free of charge. WARNING (NOT TO SCARE YOU BUT JUST FOR YOUR SAFETY) All material facts must be accurately, fully and properly disclosed to you in other words, your Insurer must tell you everything. All information that you provide or that someone else provides on your behalf must be correct it s your responsibility to double-check it. Always make sure that you are satisfied with the transaction if it s submitted on your behalf (by the Intermediary) make sure everything is correct and accurate. Do not sign any blank or semi-completed application form. Use an ink pen to complete all forms so that no one can change it without your knowledge. Keep all documents that you might receive in a safe place. Make notes whenever someone says something important to you or a discussion takes place. Don t EVER feel pressurised to buy the product! No matter what the other person says, it s optional. Always remember if you re dishonest, it will affect your insurance. Misrepresentation, incorrect or non-disclosure by you of any facts or circumstances may impact your claims. Particulars Of Short-term Insurance Ombudsman The ombudsman is available to advise you in the event of claim problems which are not satisfactorily resolved by your financial services provider and/or the insurer. Postal Address: PO Box 32334, Braamfontein, 2017 Tel: (+27) or (011) Fax: (011) info@osti.co.za Particulars Of The Ombudsman For Long-term Insurance The ombudsman is available to advise you in the event of claim problems as a result of your Accidental Death Benefit which are not satisfactorily resolved by your financial services provider and/or the insurer. Postal Address: Private Bag x45, Claremont, 7735 Tel: (+27) Fax: (021) info@ombud.co.za advisory & intermediary services ombud When it comes to complaints (related to the FAIS Act), the Ombudsman is always available if you need any advice especially if you re not happy with the way the complaint has been resolved. Postal Address: PO Box 74571, Lynwood Ridge, 0040 Tel: (+27) or (012) Fax: (012) info@faisombud.co.za

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