d. Please give your name and address, and the policy number shown on your Certificate. 8. Definitions

Transcription

1 Airtime Contract Protection (ACP) terms and conditions As part of the Lifeline Complete Package, The Carphone Warehouse Limited ( Carphone Warehouse ) gives you the benefit of Airtime Contract Protection ( ACP ). This document sets out your and our responsibilities. These terms and conditions are part of your contract with Carphone Warehouse. 1. Using the ACP feature If you want to end your Airtime Contract, we will settle the Line Rental due to your Airtime Provider for the remainder of the minimum term of the Airtime Contract. However, the following conditions apply: a. For a 12 month minimum term Airtime Contract you must have held your Airtime Contract for a period of at least 3 months. b. For a 18 month minimum term Airtime Contract you must have held your Airtime Contract for a period of at least 9 months. c. For a 24 month minimum term Airtime Contract you must have held your Airtime Contract for a period of at least 15 months. d. You must pay the ACP surcharge of each time you use the ACP feature. e. If you upgrade your phone, you are taking out a new Airtime Contract. If you transfer your Lifeline Complete Package to the new phone and you then want to end your Airtime Contract, the time limits stipulated above will apply to the new Airtime Contract. The start date of the new Airtime Contract will be the date of the upgrade. f. You must have made all the payments to: i.the Carphone Warehouse under the Lifeline Complete Package, or ii.the Airtime Provider of the Airtime Contract; in respect of the period up to the date you notify us you wish to effect the ACP feature. g. To effect your ACP feature, you must advise a sales consultant in a Carphone Warehouse store that you want to end your Airtime Contract and provide them with your equipment in full working order. You must allow us to take over your rights and responsibilities under the Airtime Contract and provide us with all the information, documents and help we need from you in order for us to do so. h. If you make use of the ACP feature you will not be able to keep your mobile number, which may be allocated to someone else. 2. Circumstances when you cannot use the ACP feature There are certain circumstances in which you cannot use the ACP feature. These are as follows: a. You cannot use the ACP feature if you have claimed any replacement equipment at any time in the six weeks prior to the ACP feature being effected. b. You may not use the ACP feature more than twice in any twelve month period. This applies to use of the ACP feature under different Lifeline Complete Packages, but within the same twelve month period. 3. Changes You must tell us about any changes that you make to your equipment or your Airtime Contract unless the Carphone Warehouse arranges the changes. 4. Cancellation If your Lifeline Complete Insurance Policy has been cancelled for any reason, all rights to use the ACP feature will cease from the date of the cancellation. 5. Your personal information The provisions of clause 11 of the Lifeline Complete Package terms and conditions on page 10 apply to you, except: a. Reference in that paragraph to we/us/our is to The Carphone Warehouse Limited and not to Norwich Union Insurance Limited. b. References in that paragraph to insurance policy, policy or Insurance contract is to be read as references to ACP feature. c. References in that paragraph to policy is to be read as references to ACP feature. 6. General

2 a. If we need to send you notices or if you need to send us notices, these must be in writing and can be delivered by hand or first-class post to the other s address, as shown on the Certificate. In writing also includes: By text messages from us to your mobile phone number. By to you at the address you give. Notices sent by first-class post will then be considered to have arrived at their destination 48 hours after they are posted and notices delivered by hand or given by SMS or shall be deemed to have been delivered the day after the day the notice is sent. b. We may change these terms and conditions at any time. If a change puts you at a major disadvantage or increases the ACP fee, we will give you notice of that change either: By writing to you at your address as shown on the Certificate. By text messages from us to your mobile phone number. By to you at the address you give. By publishing them on our website ( c. If you break these terms and conditions, and we choose to overlook it, we can still terminate the contract if you break its conditions again. d. These terms and conditions apply in addition to the terms and conditions for your Lifeline Complete Insurance Policy. e. Once you have taken out your Lifeline Complete Package, you shall be deemed to have accepted these terms and conditions. f. If either of us cannot do what we have promised in this agreement because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities, such party will not be liable for this. g. Nobody but you and us can benefit from this agreement under the Contracts (Rights of Third Parties) Act h. You may not, but the Carphone Warehouse may, assign, charge or otherwise dispose of its rights under this agreement. Any attempt by you to do so shall be void. i. Each of the conditions of this agreement is separate from the others. If one part of a condition is not valid, the rest of the agreement still applies. j. Relevant United Kingdom law will apply to this agreement and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this agreement. k. Calls to our telephone numbers will be charged at standard rates and may be monitored or recorded. 7. Complaints a. We aim to give excellent service to all our customers but we recognize that things do sometimes go wrong. We take all complaints we receive seriously and aim to sort out all our customers problems promptly. To make sure that we provide the kind of service you expect, we welcome your feedback. We will record and analyse your comments to make sure we continue to improve the service we offer. If you have a complaint your local Carphone Warehouse store will be happy to help you. You can also call The Carphone Warehouse Lifeline Customer Services on or visit to make a complaint. b. If you make a complaint we will: Acknowledge your complaint. Investigate your complaint and respond as quickly as possible. c. If you are not happy with our response, you may write to: UK Insurance Director, The Carphone Warehouse Limited, 1 Portal Way, London W3 6RS. d. Please give your name and address, and the policy number shown on your Certificate. 8. Definitions

3 Every time the words or phrases listed below are used in these terms and conditions, they shall have the following meaning: Airtime Contract - the contract entered into between you and your Airtime Provider through Carphone Warehouse relating to the provision of the mobile telephone service. Airtime Provider - the operator of a mobile telecommunications network in the UK. Certificate - The certificate for your Lifeline Complete Insurance Policy which shows details such as your name and the Equipment covered. Equipment - the phone including smart phones (PDA/MDA/XDA/BlackBerry) and SIM card provided by Carphone Warehouse with your Airtime Contract (including on upgrade). Lifeline Complete Insurance Policy - any of the mobile phone insurance policies provided by Norwich Union Limited via The Carphone Warehouse under the name Lifeline Complete. Lifeline Complete Package - the package of benefit comprising the Lifeline Complete Insurance Policy and other non-insurance benefits, including ACP. Line Rental - the periodic subscription charges payable by you under your Airtime Contract for access to the relevant telecommunications network, exclusive of all call or other usage charges. You/your - you shall mean the person who enjoys the entitlements and benefits offered by the ACP feature, being the person whose name appears on the Certificate. Lifeline insurance terms and conditions The Carphone Warehouse has chosen us (Norwich Union Insurance Limited) to give you a range of insurance policies covering risks such as theft, loss and accidental damage relating to mobile phones. We have designed the Lifeline range of policies to suit your needs, whether you need cover against damage only or cover against most other things that can happen to your phone. We and The Carphone Warehouse are committed to providing the best possible service if you need to make a claim after all, it s what your Lifeline policy is about! If you have any questions about your Lifeline policy, please call Lifeline Support at The Carphone Warehouse on Thank you for buying Lifeline. This document sets out the conditions of your phone insurance policy. It also sets out your and our responsibilities. You must read this policy with your Lifeline certificate. This policy booklet is part of your contract with The Carphone Warehouse and us at Norwich Union Insurance Limited. 1. Definitions Accessories any additional electrical mobile phone products purchased at the Carphone Warehouse at the same time as, and to be used with, the mobile phone covered under this policy. Certificate the certificate which shows details such as your name, the premium and phone covered. It forms part of this policy, so you must read it with this policy. Claim any claim you make under this policy. We will decide whether to settle claims by: Paying you direct. Paying The Carphone Warehouse or another retailer or network provider for supplying a phone or services to you. Damage your phone breaking or failing to work properly (not due to a fault in the phone itself). Damage includes faults caused by liquid. Phone the mobile phone described in the certificate, including the standard accessories supplied with the phone by the manufacturer. Excess the amount you pay towards your claim as shown on your certificate. You must pay this amount towards all claims, on top of any other amount you may have to pay. Insurance intermediary services the services provided under the contract you entered into with The Carphone Warehouse for handling insurance and claims. Losing your phone when you (or someone you have given permission to use your phone) accidentally lose your phone during the period of cover. We will not provide cover if we think you have lost your phone deliberately.

4 Monthly line rental the charges you have to pay each month to your network provider under your airtime contract for connecting your phone. It does not include any charges for calls, texts and so on. Pay as you go the network service offered by your network provider: Which you do not pay monthly line rental for. Where you can buy a voucher beforehand to make calls, send messages and so on. Period of cover any period for which we have accepted your premium as shown on your certificate. This can be one or three months (if you pay by direct debit) or one year (if you paid your premium in the store). Policy this insurance policy agreement between you and us. Premium the money set out in the certificate that you agree to pay us under this policy in return for the benefits set out here. Network provider the network company your phone is connected to so you can make calls and send messages. The Carphone Warehouse the Carphone Warehouse Limited, which has supplied the phone to you and which acts as our insurance agent. Theft or stolen when someone takes your phone from you or any other person you have given permission to use or look after it. Territorial limits The United Kingdom. We, us, our Norwich Union Insurance Limited. Registered in England and Wales. Registered number Registered office 8 Surrey Street, Norwich NR1 3NG. Authorised and regulated by the Financial Services Authority. A member of the Aviva group, trading in the United Kingdom as Norwich Union. You, your the person whose name appears on the certificate. If you have taken out this policy on behalf of a company, you, your includes all the employees of that company. 2. Damage to your phone Your mobile phone is covered for accidental damage, including damage caused by water and other liquids. a. We may repair your phone if it has been damaged and can be repaired. If it costs too much to repair it, we will replace it with a similar product, as long as you have paid your premium and bring the damaged phone to The Carphone Warehouse. We will not repair the phone if it has broken down and is covered by the manufacturer s warranty. 3. Loss or theft of your phone a. We may replace the phone with a similar one if it is lost or stolen. 4. Loan phone a. If your phone is damaged and we repair it, we will lend you a phone until we have finished the repair as long as you bring the damaged phone to The Carphone Warehouse. The phone we lend you may be a different make or model from your original phone and may not include the same features and functions. We will own the loan phone while you are using it, and you must return it to The Carphone Warehouse in good condition within seven days of us telling you that you can collect your own phone. b. You may have to pay a deposit for the phone we lend you. c. If you fail to return the phone we lend you, we may keep your deposit and: Charge you the amount it would cost if you bought it (we will take up to 200 through the direct debit you arranged with The Carphone Warehouse). Sell your phone to cover our costs. d. Although we own the loan phone, you are responsible for any theft, loss, breakdown or damage to it that is not covered by this policy from the time we provide the loan phone until you return it to us. 5. Accessory cover a. If we replace your phone, we will also replace any accessories designed to be used with it up to the value of 300. We will replace the accessories only if they were lost, stolen or damaged at the same time as your phone. The accessories must have been provided by or bought from The Carphone Warehouse and you must have proof, such as a receipt, that you bought them. If we replace your phone with a different make or model and because of that you can no longer use

5 your own accessories, we will also replace those accessories. We will replace any accessories with new ones unless we agree otherwise with you. 6. Replacement phone a. If we replace your phone, the replacement phone may: Be a different model. Be made by a different manufacturer. Have different features and functions. b. As long as you bought your phone as new, any replacement phone will be new unless we agree otherwise with you. If the phone was second hand when you bought it or had been used as a demonstration phone, we may replace it with a second hand phone or a phone that has been reset to work as new (a reconditioned phone). This policy will apply to the replacement phone unless we tell you otherwise within 14 days of you receiving the replacement phone. We will try to make sure you can keep your existing mobile phone number. If this is not possible because of the network provider you have chosen or for any other reason beyond our control, we will connect the replacement phone to a new mobile phone number only. 7. Unauthorised calls a. If your phone is lost or stolen, and covered by your policy, we will refund the cost of calls made from the phone after the time it was lost or stolen. However, the following terms and conditions apply: You must give us an itemised bill from your network provider that clearly shows the calls that were made and how much they have cost. The most we will refund you for any unauthorised calls is 10,000. (This amount includes any taxes and charges made by your network provider). You must claim for this entitlement within two months of discovering that your equipment has been lost or stolen. You must contact your network provider and ask them to block your SIM card within 24 hours of you discovering the theft or loss. 8. What you need to know about clauses 2, 3, 5 and 7 a. This policy does not cover you for the excess, as shown on the certificate, which will not be covered for each claim you make. b. We will not cover your phone or accessories being damaged, lost or stolen if they are: Left in or stolen from any motor vehicle unless the vehicle is locked and the phone cannot be seen from outside. Left in, or stolen from, a public place or a place that people who you don t know can get to easily. Left in or stolen from any other place, unless the phone is damaged or stolen by a person who has entered the place without permission. Damaged, lost or stolen as a result of something you or any person using the phone with your permission have done or not done to make this more likely to happen. c. We will not cover damage to your phone or accessories: That takes place on any boat that is less than three metres long. Caused by general wear and tear, scratching, mechanical or electrical breakdown, or any type of damage that doesn t affect how the phone works. Caused by changes you have made to the phone, maintenance, repairs, design faults, or any cleaning or restoring process. d. We will not cover your phone or accessories being damaged, lost or stolen outside the territorial limits more than 60 days after you first left the territorial limits with the phone or accessories. e. We will also not cover the following: Loss of information in the phone, or any other loss that happens as a result of the theft, loss or damage of the phone. This includes any downloads, ringtones, photographs, files and contact numbers and the cost of restoring this information. It also includes any financial loss or other loss of turnover, profits, business, goodwill or expected savings, except as set out elsewhere in this policy. Damage to aerials, battery chargers or batteries unless they were damaged at the same time as your phone.

6 Any government or public authority taking your phone by law. Costs involved in returning your phone for repair or collecting it once it has been repaired. Costs of repairing or replacing your phone or accessories if the damage is covered by the manufacturer s guarantee. f. We will not cover your phone being lost or stolen if you: Do not report it to your network provider within 24 hours. Do not report it to the police and receive a crime reference number within 48 hours. 9. What we do not cover under clause 8 This policy will not cover you under clause 8 unless the following apply: a. You must make all the payments you owe to: The Carphone Warehouse under your contract with them. The network provider or network under your airtime contract. Us, under this policy. b. Your phone must be working properly when you return it to us. c. You must tell us that you want to end your airtime contract and allow us to take over your rights and responsibilities under the contract. d. You must not have made any claims within the last six weeks for a replacement phone under clause 3 of this agreement, due to your original phone being lost or stolen. This condition will not apply if the stolen phone is later found and you return it to us before the date of your claim under clause 8. e. You must not have made more than one successful claim under clause 8 in the last 12 months under any policy. 10. What you need to know for all policies The following conditions apply to Lifeline Complete policies. a. War risks We will not cover your phone being damaged, lost or stolen as a result of war, riot, terrorism, revolution or any similar event. b. Where you live You are only covered under this policy if you live (permanently or for tax purposes) in the United Kingdom at the time your phone is damaged, lost or stolen. c. Territorial limits We only provide cover for damage, loss or theft that takes place: Within the United Kingdom (the territorial limits). Anywhere else in the world as long as you are not outside the UK for more than 60 days in a row. d. Airtime agreements and using SIM cards We will not cover your phone being damaged, lost or stolen if you are behind with any payments due under your airtime contract with your network provider. This policy only covers your phone while it is connected to a network provider and contains your network provider s SIM card, unless your phone is being serviced or does not need a SIM card to work. e. Phones that are stolen and then found If we replace your phone or accessories under this policy because they have been stolen, we will own your original phone or accessories. If the original phone or accessories are found, you must return them to us. f. Other insurance If you have any other insurance policies, which cover the same damage, loss or theft you claim for, we will pay only our share of the cost. You must tell us if you have other insurance that covers you. g. Changes You must tell us about any changes you make to your phone, unless The Carphone Warehouse arrange the changes. You must also tell us about any changes to your airtime agreement with your network provider. This policy will end immediately if any of the following conditions apply. You sell, transfer to someone else or give away your phone. You change your phone in any way.

7 You change your phone for any reason other than under a manufacturer s warranty exchange scheme or a claim under this policy, and an organisation other than The Carphone Warehouse supplies the new phone. h. False information, fraud and illegal use We may cancel this policy if you give or use false information or withhold relevant information in your application for this policy. If you tell us any false information, or claim dishonestly in any way, you will lose all entitlements and benefits under this policy. We will also immediately end this policy if you use your phone to commit a crime or to allow any crime to take place while the contract is in force. You must tell us any fact relating to your circumstances or to changes in those circumstances, which might be relevant to this contract. i. Period of cover Cover will start from the start date shown on your certificate and will continue for the period of cover shown on your certificate. We will automatically renew this policy as long as: You continue to pay the premium. The cover has not ended since the start date of the policy as shown on the certificate. The conditions of your renewed policy will be the same as these conditions unless we have told you otherwise. If there has been a break in the period of cover because you have not paid the premium, we may refuse to renew your policy even if you pay the premium. We will return the premium to you if this happens. j. Cancelling your policy If you do not pay the premium at the agreed time, we will assume that you want to end this policy. If you cancel this policy up to 14 days from the date shown on your certificate, you will not have to pay a cancellation charge and we will refund any premium you have paid, as long as you have not made any claim during the 14 days. After that, you may cancel this policy at any time but we will not refund any part of premium you have paid. We can cancel this policy by giving you one month s written notice. k. Cancelling your policy because of a claim If we replace your phone (the whole phone or part of it) under this policy, we may choose not to transfer this policy to your new phone. If we decide not to continue this policy, we will write to you at the address we have on file within 14 days of providing the replacement phone (and any replacement accessories if these apply). This policy will then end 14 days after the date of our letter. l. Details of your insurer we provide this policy. Our address is Norwich Union Insurance Limited, 8 Surrey Street, Norwich NR1 3NG. We have appointed The Carphone Warehouse Limited, part of The Carphone Warehouse Group PLC (CPW), as our agent. We and The Carphone Warehouse may transfer our responsibilities under this policy to other companies within the CPW group. The Carphone Warehouse may charge you a fee for providing their services as our agent. Any fee they charge is not part of this policy and is covered by a separate contract between you and The Carphone Warehouse. The Carphone Warehouse acts as an agent for us when selling or managing insurance policies and receives insurance premiums and pays claims as our agent. m. Extra cover refunding premiums If you have bought international replacement cover with this policy, we will not refund you for this extra cover if it is removed after the statutory cancellation period. 11. Your personal information a. We, our associated companies and agents, by (reinsurers) and (partner name) may use the information you give us to run your insurance policy. We may share your information with other organisations to: Monitor our performance. Carry out research. Create statistics. Prevent crime. We may transfer your information to any country, including countries outside the European Economic Area, for any of the purposes shown previously and for administration purposes. If we share your information, we will make sure that anyone we pass your information to agrees to treat

8 your information with the same level of protection that we do. If you give us information about another person, you confirm they have given you permission to give it to us and for us to be able to process their personal information (including any sensitive information such as medical history). You must also confirm that you have told them who we are and what we will use their information for. You have the right to see and correct any personal information we hold about you. However, we will charge a fee for this service. b. Sensitive information To manage your insurance contract or pay claims, we may need to collect information from you, which the Data Protection Act defines as sensitive (such as your medical history or criminal convictions). By taking out this insurance policy, you give us your permission to process your sensitive information and share it with our agents. c. Preventing and detecting fraud To prevent and detect fraud, we may: Share information about you with other organisations, including the police. Carry out credit searches and extra fraud searches. Check your details with fraud prevention agencies. If you give us false or inaccurate information and we suspect fraud, we will record this. If you ask, we can give you details of the databases we use or contribute to. 12. General a. If we need to send you notices or if you need to send us notices, these must be in writing and can be delivered by hand or first-class post to the other s address, as shown on the certificate. These notices will then be considered to have arrived at their destination 48 hours after they are posted. In writing also includes by: Text messages from us to your mobile phone number. to us at the address we give you. us at the address we give. b. We may change these conditions at any time. If a change puts you at a major disadvantage or increases the premium, we will give you notice of that change either by: Writing to you at your last known address. Publishing them on our website ( c. This policy is the whole agreement between us and replaces any other agreements, policies, understandings and arrangements between us about your phone. d. If you break the conditions of this policy, and we choose to overlook it, we can still end the policy if you break its conditions again. e. Nobody but you and us can benefit from this policy under the Contracts (Rights of Third Parties) Act f. Each of the conditions of this policy is separate from the others. If one part of a condition is not valid, the rest of the policy still applies. g. Financial Services Compensation Scheme Our obligations are covered by the Financial Services Compensation Scheme (FSCS). If we cannot pay our obligations, you could be entitled to compensation from this scheme, depending on the type of insurance and the circumstances at the time. You would be covered for all of the first 2,000 of any claim and 90% of the rest, without any upper limit. You can get more information about the scheme from the FSCS website at or write to: Financial Services Compensation Scheme 7th Floor Lloyds Chambers Portsoken Street London E1 8BN 13. Making a claim a. If your phone or any of its accessories are lost, stolen or damaged, you must do the following. Report any loss or theft to your network provider as soon as possible after discovering the loss or theft, and no later than 24 hours after discovering it. Report any vandalism, loss or theft to the police within 48 hours of discovering it. You must get evidence in writing (for example, a crime reference number or loss reference number) showing that you have done so.

9 Call into the nearest Carphone Warehouse store or call us on as soon as possible to tell us about the loss, damage or theft and make a claim. Please keep the damaged phone and accessories, as you will need to return these to The Carphone Warehouse. You must make the claim within 60 days of discovering the loss, damage or theft. 14. Handling claims We are entitled to the following: a. We may take action in your name to recover from anyone else any payment we have made, the cost of any calls we have made, or the cost of the loan phone, replacement phone, or accessories provided under this policy. We will pay the cost of taking this action. b. We are entitled to all the information, documents and help we need from you for any part of this policy. c. We may contact your network provider (if it applies) to confirm that you have a current airtime contract with them and that you have told them about any loss or theft. 15. Settling claims a. We may settle claims by paying you direct or by paying The Carphone Warehouse or other shop, airtime supplier or agent. 16. Taking care of your phone a. You must take reasonable care to protect your phone and its accessories from being lost, stolen, damaged or used in a way that is not appropriate. You must use and maintain the phone and its accessories in line with the relevant manufacturer s instructions. 17. Complaints a. Our goal is to give excellent service to all our customers but we recognize that things do go wrong occasionally. We take all complaints we receive seriously and aim to sort out all our customers problems promptly. To make sure that we provide the kind of service you expect, we welcome your feedback. We will record and analyse your comments to make sure we continually improve the service we offer. If you have a complaint about Lifeline, your local Carphone Warehouse store will be happy to help you. You can also call The Carphone Warehouse Lifeline Customer Services on or visit to make a complaint. What will happen if you complain? We will acknowledge your complaint within two working days. We aim to sort out complaints as quickly as possible. b. Our advisers will try to sort out your complaint as quickly as possible. 18. What to do if you are not satisfied a. If you are not happy with our response, you may write to: UK Insurance Director The Carphone Warehouse Limited 1 Portal Way London W3 6RS Please give your name and address, and the policy number shown on your certificate of insurance. b. If you are still not happy with how we have dealt with your complaint, you can ask for a free and independent assessment, within six months of our final decision, from the Financial Ombudsman Service at: The Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR If you contact the Financial Ombudsman Service, this will not prevent you from taking further legal action.

10 General information The Lifeline insurance policies are provided by us, Norwich Union Insurance Limited. Registered in England and Wales. Registered number Registered office 8 Surrey Street, Norwich NR1 3NG. Authorised and regulated by the Financial Services Authority. A member of the Aviva group. When writing to us about your policy, please write to: Lifeline Correspondence The Carphone Warehouse Ltd 1 Portal Way London W3 6RS The Carphone Warehouse Limited acts as our agent in selling and managing our insurance policies and will deal with you as our customer. From time to time CPW may act as introducer for the products of other insurers. We and The Carphone Warehouse Limited are authorised and regulated by the Financial Services Authority (FSA). You can confirm this on the FSA s register by visiting their website at or by contacting them on The law of England and Wales will apply to this contract unless: 1. You and the insurer agree otherwise. 2. At the date of the contract, you are living in (or, in the case of a business, your registered office or principal place of business is in) Scotland or Northern Ireland. In this case (and if we don t agree otherwise), the law of that country will apply. Unless we agree otherwise with you, the conditions and other information relating to this contract will be in English. The cost of this policy includes an administration fee. For this fee, Carphone Warehouse will explain all parts of the policy, help you to fill in the application form and help you with all ongoing queries during the term of the policy. This includes information on claims, payments or premiums, possible upgrades, as well as all dealings with us.