Mobile Device ACCIDENTAL DAMAGE AND THEFT PROTECTION INSURANCE

Transcription

1 Mobile Device ACCIDENTAL DAMAGE AND THEFT PROTECTION INSURANCE Policy Wording: 20 April

2 MOBILE DEVICE ACCIDENTAL DAMAGE AND THEFT PROTECTION INSURANCE Prepared 20 April 2016 WHO IS THE INSURER? This insurance Policy is underwritten and issued by Virginia Surety Company, Inc (NZ Company No ) (the Insurer) 359 Lincoln Road, Christchurch New Zealand, Ph: , In this Policy Wording, the Insurer is called We, Us or Our. The Warranty Group Australasia Pty Ltd (NZ Company No ) (the Administrator) 359 Lincoln Road, Christchurch New Zealand, Ph: , performs claims and administrative Policy functions on Our behalf. DEFINITIONS Some words have a special meaning in this Policy. These words are listed below. Accidental Damage: means unintentional physical damage to property causing the impairment of use. Cancellation Fee: means the $55 fee (including GST) charged at the time of cancellation. Cover: means the protection provided by the Policy. Excess: means the amount You have to pay each time You make a claim. For an Accidental Damage claim the excess is $100. For a Theft claim the excess is $300 if the Original Purchase Price of the Covered Product was $750 or less. Where the Original Purchase Price of the Covered Product was greater than $750, the theft excess is also $300. Insured: means the person who purchases this Policy and is specified on the Policy Schedule. Mobile Phone: means the new mobile phone hardware being the handset and battery charger but not the Sim card or software. New Zealand Resident: means a person that is allowed to reside indefinitely within New Zealand. Notebook: means a new wireless portable personal computer with a flatpanel screen comprising the notebook hardware and battery charger. Original Purchase Price: means the purchase price of Your Product specified on the Retailer s Tax Invoice, inclusive of GST but does not include any additional accessories or sundries. Period of Cover: means the period of Cover as stated on the Policy Schedule. Policy: means this Mobile Device Accidental Damage and Theft Protection Insurance. Policy Schedule: refers to the document provided to You by Us which confirms the Cover You have purchased and includes any written amendments to the terms of this Policy that may apply to You. 2

3 Policy Term: means the years of Cover You have purchased, being 1 or 2 years. Policy Wording: means the terms, conditions and exclusions outlined in this document that explains the coverage of Your Policy. Product: means the Tablet, Notebook or Mobile Phone listed in Your Policy Schedule. Replacement Product: means a product that We supply You with in the event of an accepted claim that warrants a replacement. Retailer s Tax Invoice: means the original purchase invoice for the Product Covered by this Policy. Tablet: means a new wireless, portable personal computer with a touch screen interface comprising the tablet hardware and battery charger. Note, the tablet is typically smaller than a notebook computer but larger than a smart phone. Theft: means the act or an instance of stealing. Total Loss: means Your Product will be deemed a Total Loss when We consider it uneconomical to repair the Covered Product or when repair costs exceed the Original Purchase Price. Unattended: means not being attended to, accompanied by, looked after or watched over. User/s: means a person who with Your approval will be the primary user of the Product. Violent and Forcible Entry: means evidence of visible damage at the point of entry. We, Us, Our: means the Insurer, Virginia Surety Company, Inc (NZ Company No ). You, Your: means the Insured as listed on the Policy Schedule or User. ELIGIBILITY Cover will need to be purchased for each Product You wish to protect and You must be a New Zealand Resident. When Mobile Device Accidental Damage and Theft Protection Insurance is purchased for a Product, the Original Purchase Price for the individual Product must not exceed $1,500. Please Note: Mobile Device Accidental Damage and Theft Protection Insurance is only available when purchased with a new Mobile Phone, Tablet or Notebook device. Where You wish to purchase the Cover after purchasing the Product, You may do so within 30 days of the purchase date of the Product. 3

4 FEATURES AND BENEFITS OF THE POLICY The Policy is an insurance policy with the following significant features and benefits: Accidental Damage Protection If the insured Product suffers Accidental Damage, during the Period of Cover, We will repair or replace the Product subject to the applicable Excesses, Policy terms and conditions. The decision to repair or replace the unit lies solely with Us. If the Product is repaired, it may be repaired with new or used parts. Any replaced parts will have the same functionality as the original part/s. If We decide that the Product needs to be replaced, then We will provide a Replacement Product that may be new or reconditioned. Theft Protection If the insured Product is stolen from a secured office, home or locked vehicle within New Zealand where there is clear evidence of Violent and Forcible Entry during the Period of Cover and subject to the applicable Excess, Policy terms and conditions, then We will provide a Replacement Product. Replacement Terms If We elect to replace the Covered Product with a Replacement Product, the Replacement Product will be an identical Product, or if an identical Product is not available a Product with equivalent specifications to the Covered Product. The cost of replacement will not exceed the Original Purchase Price of the Covered Product. The Replacement Product We supply may have a lower selling price than the Covered Product and is a replacement based on equivalent specifications. Replacement of a Covered Product is not limited to the original manufacturer s brand due to availability of products and changes in technology. If Your Covered Product is replaced, the faulty Product will become Our property. The maximum number of replacements allowed for a one year policy is one. The maximum number of replacements allowed for a two year policy is one in each twelve month period. The twelve month periods start at the beginning of the Policy and the start of the second year of the Policy. Cover Plans Available The cover plans available depend on the Original Purchase Price of the Product You wish to protect. These are: Plan Original Purchase Price of Product Maximum Benefit (net of Excess) 1 Year Cover 2 Year Cover 1 $750 or less $750 $750 2 More than $750 but less than $1,500 $1,500 $1,500 Regardless of the number of claims You make the maximum benefit available for one and two years of cover is $750 when the Original Purchase Price of the Covered Product is $750 or less. When the Original Purchase Price of the Covered Product is more than $750 but less than $1,500 the maximum benefit available is $1,500. If the remaining benefit is insufficient to cover the full cost of the claim You will be required to pay the remainder yourself. 4

5 SIGNIFICANT RISKS You should be aware of the following risks associated with the Policy: Disclosure Obligations: Failure to comply with disclosure obligations may have consequences in relation to the Cover being provided or may affect a claim being paid. These consequences are outlined under Your Duty of Disclosure. Policy Coverage: Our liability under this Policy is excluded in certain circumstances and We will not be liable for any claim if the following occurs: Fraud; Non-Disclosure; Non payment of premium; or Non payment of Excess. Please Note: The above list is not intended to be all inclusive, rather an indication. Variation to Your Cover: It is important that You notify Us of any change to Your circumstances, including if You change Your address. We reserve the right to obtain an independent assessment and valuation report in the event of any claim. WHAT IS THE COST? The premium payable for Your insurance Policy will be shown on Your Policy Schedule. In setting the premium, two factors are taken into consideration: the Policy Term selected; and the Original Purchase Price of the Product. In the event that the premium is not received in full, within thirty (30) days from the date of Policy purchase, all cover will cease. For further details please refer to the Cancellation section of the Policy Wording. You may also be required to pay one-off fees in the following circumstances: a Cancellation Fee on cancellation of the policy; a Policy transfer fee; and an Excess on an accepted claim 5

6 COOLING OFF PERIOD We understand that all customer needs are different. Accordingly as part of this Policy We offer a fourteen (14) day Cooling Off Period. If You should decide for any reason whatsoever that this Policy does not suit Your individual needs, You may cancel this Policy and receive a full refund as long as no claims have been lodged. To cancel the Policy within the Cooling Off Period and receive a full refund, You must notify Us in writing. by ing: vscau@thewarrantygroup.com; or by mail: PO Box 355, Christchurch New Zealand To cancel Your Policy at other times, please refer to the Cancellation section in the Policy Wording. YOUR DUTY OF DISCLOSURE What You must tell Us and why: When entering into a policy of insurance with Us You must answer Our questions truthfully and You have a duty under law to tell Us anything known to You and which a reasonable person in the circumstances would include in response to Our questions. We will use Your answers to decide whether or not to insure You and anyone else named on the Policy, and on what terms We will provide Cover. Who needs to tell Us: It is important that You understand You are answering questions for yourself and those answers will affect anyone else You want to be covered by the Policy. You have the same duty to disclose this information to Us before You extend, vary or reinstate the Policy. If You do not tell Us: If You do not answer Our questions in this way, We may reduce or refuse to pay a claim, or cancel the Policy. If You answer Our questions fraudulently, We may refuse to pay a claim and treat the Policy as never having existed. POLICY COVERAGE We agree that during the Period of Cover, should Your Product suffer Accidental Damage or Theft, We will elect at Our option, to repair the Product or if it is deemed a Total Loss, to provide You with a Replacement Product subject to Policy Wording terms and conditions that are provided herein. LIMIT OF LIABILITY The information below outlines the claim limits that apply (net of Excesses) for each type of Cover under Your Mobile Device Accidental Damage and Theft Protection Policy. The maximum amount payable by Us will be the original purchase price (inclusive of GST) of Your covered Product per claim. There will be a maximum of One (1) whole unit replaced by Us per policy year. Regardless of the number of claims made the maximum benefit payable under this Policy is $750 for Plan 1 and $1,500 for Plan 2. 6

7 We will not accept any liability to You, or any subsequent owner or other User of the product, for any incidental or consequential damages, including, but not limited to, liability or damages for the product not being available for use, loss or corruption of data or software, personal injury, death, other indirect loss due to product failure, or any and all incidental, indirect, special or consequential damages arising out of or in connection with the use or performance of the Product, even if You have advised Us of the possibility of such damages. EXCESS You must pay any applicable Excess each time You make a claim which We have accepted under the Policy. A repaired Product will not be returned or a replacement Product will not be provided until the Excess is paid. PERIOD OF COVER Cover will commence on the date You purchase the policy. Your Cover will end when any of the following occurs: the Policy is cancelled (see section Cancellation in this Policy Document); the Policy Term expires; or the maximum benefit payable under the Policy has been reached (net of Excesses). CANCELLATION Cancellation by You You may cancel this Policy at any time by advising Us in writing: by ing: vscau@thewarrantygroup.com by mail: PO Box 355 Christchurch, New Zealand We will respond to You within seven (7) days of receiving Your request. If the Policy is cancelled after the Cooling Off Period We will retain the proportionate premium for the time that Cover has been provided together with Our Cancellation Fee. Cancellation by Us We may cancel this Policy by giving You notice in writing for reasons including: failure to comply with Your Duty of Disclosure; failure to comply with the conditions of this Policy; misrepresentation prior to entering into this Policy; non-payment of premium. If We cancel Your Policy We will retain the proportionate premium for the time that Cover has been provided together with Our Cancellation Fee. If Your Policy is cancelled by You or Us after the Cooling Off Period, We will not refund Your premium if You have already made a claim on the Policy. All refunds for cancellations are calculated on a pro-rata basis. 7

8 GENERAL EXCLUSIONS Our liability to pay a claim under the Policy is excluded in the following circumstances: 8 You have not taken reasonable care to prevent the Theft or Accidental Damage of Your Mobile Phone, Tablet or Notebook; You have left Your Mobile Phone, Tablet or Notebook unsecured in or out of Your direct sight in any public location, or where Your Mobile Phone, Tablet or Notebook is in a place where the public has access including but not limited to workplace environments; The damage to Your Mobile Phone, Tablet or Notebook is a result of wear and tear, gradual deterioration or developing flaws as a result of ordinary use or operation; You can claim for Theft or Accidental Damage from a manufacturer, supplier, home insurance or motor vehicle insurance; Your claim is fraudulent or the Accidental Damage or Theft cannot be reasonably proven; The Accidental Damage results from any electronic virus or relates to software of the Mobile Phone, Tablet or Notebook; Your Mobile Phone, Tablet or Notebook where applicable does not contain Your SIM card relating to Your Nominated Contracted Mobile Number at the time of the Theft; The Theft of Your Mobile Phone, Tablet or Notebook has not been as a result of a clear, Violent and Forcible Entry into a premises or vehicle; Your Mobile Phone, Tablet or Notebook is stolen from any Unattended motor vehicle, except where Your Mobile Phone, Tablet or Notebook is placed out of sight in a locked glove compartment or locked boot/trunk, the vehicle is securely locked, all security systems activated and there is clear evidence of Violent and Forcible Entry; The cause of the disappearance of Your Mobile Phone, Tablet or Notebook cannot be established; The Theft or Accidental Damage to Your Mobile Phone, Tablet or Notebook 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; You are not a New Zealand Resident; Product repairs that should be covered by the manufacturer s or an extended warranty or are a result of a recall, regardless of the manufacturer s ability to pay for such repairs; Cosmetic damage which does not impact the operation of the Mobile Phone, Tablet or Notebook; 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 a liquid spill; Accidental Damage from abuse, misuse, introduction of foreign objects into the covered product, mechanical or electrical breakdown, unauthorized modifications or alterations to a covered product, failure to follow the manufacturer s instructions; Loss of or damage to software of any type whatsoever. Theft or Accidental Damage that occur outside of New Zealand; Cost of installation, set-up, diagnostic charges, removal or reinstallation of the Covered Product; Failures due to incorrect electrical supply or improper use of electrical source; Theft or Accidental Damage when the Mobile Phone, Tablet or Notebook has been made available to a person other than the insured.

9 CLAIMS ACCIDENTAL DAMAGE In the event of Accidental Damage which might give rise to a claim under this Policy You will need to lodge a claim through one of the following methods: Online at or Call the claims hotline on within two business days of the damage occurring. Please ensure you have your Retailer s Tax Invoice ready. Upon notification of a claim being lodged, You must give Us an opportunity to assess and inspect damage before any repairs or alterations are undertaken. If Your claim is accepted under the Policy, You will be required to pay the Excess applicable as outlined in this Policy Wording prior to any repairs taking place, or receiving a Replacement Product. Where We have replaced the damaged Product, We will take possession of the damaged Product and dispose of it. Any value We are able to recover from the damaged Product will be retained by Us. THEFT PROTECTION All claims must be lodged by completing a claim form within two business days of the incident occurring. You must provide a copy of the police report at Your cost, together with colour photographs showing the point of Violent and Forcible Entry e.g. broken door, lock, window with another photo showing the address of the premises broken into or licence plate of the vehicle broken into. To lodge a claim, please contact Us: Online at or Call the claims hotline on Please have your Retailer s Tax Invoice ready. You must cooperate with Us and ensure that all the documents requested for are provided in order to be eligible for a Replacement Product. If Your claim is accepted under the Policy, You will be required to pay the Excess applicable as outlined in this Policy Wording prior to receiving a Replacement Product. For all claims whether they are Accidental Damage or Theft, if the remaining benefit is insufficient to cover the full cost of the claim You will be required to pay the remainder yourself. ADDITIONAL CLAIMS INFORMATION You shall at Your own expense take all reasonable precautions to prevent loss and/or damage and to comply with statutory requirements and the manufacturer s recommendations relating to the safeguarding and operation of the Product. 9

10 SUBROGATION When We pay a claim under the Policy, We have the right to take over and enforce any right You may have to recover the loss from another party. We may do this in Your name and You have an obligation to assist Us as required. DISPUTE RESOLUTION Should You have a concern relating to any area of Our business or Your Policy, 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 Facility (IDR Facility). You can contact Our IDR Facility panel (the IDR Panel): by phone on by ing Us at customerfeedback@thewarrantygroup.com; or by writing to Virginia Surety Company, Inc, P.O. Box 355, Christchurch New Zealand. We will respond to Your complaint in writing provided We have all the necessary information. If You are not satisfied with the outcome You may refer the matter to the Insurance and Financial Services Ombudsman (IFSO) within 2 months from the date of the IDR Panel s decisions. The IFSO may be contacted: by phone on (free call); by writing to PO Box 10845, Wellington 6143 New Zealand; by ing them at info@ifso.nz; or on the web Alternatively, if You disagree with the IDR Panel s decision and You do not wish to refer Your dispute to the IFSO, You may refer Your dispute to a formal legal process such as the courts, mediation or arbitration. This Policy is governed by the laws of New Zealand and by accepting this Policy You submit to the non-exclusive jurisdiction of the New Zealand courts in respect of all matters relating to this Policy. YOUR PRIVACY Pursuant to the Privacy Act 1993, please note the following information: Under this Policy, information is collected about You. The information collected is held by the Administrator and used by the Administrator and the Insurer (and their contractors and agents) to administer Your Policy. If You do not provide this information, We may decline Your application to take out the Policy. You have the right to access, and request correction of this information, subject to the provisions of the Privacy Act If You have any questions about the information collected about You, please contact the Administrator at customerfeedback@thewarrantygroup.com. 10

11 RATING Virginia Surety Company, Inc has an A- (Excellent) Financial Strength Rating given by A.M. Best Company. As at the date of this Policy Wording, A.M. Best Company is an approved rating agency under section 62 of the Insurance (Prudential Supervision) Act The rating Scale is: Secure A++, A+ (Superior) A, A- (Excellent) B++, B+ (Good) Vulnerable B, B- (Fair) C++, C+ (Marginal) C, C- (Weak) D (Poor) E (Under Regulatory Supervision) F (In Liquidation) S (Suspended) 11

12 CONTACT DETAILS Policy Enquiries Claims Lodgements Claims Enquiries Document ID: PRMD ADT NZ 0416/001