theft, accidental loss and accidental damage …...the device is covered against accidental loss,...
TRANSCRIPT
Cell C is a Juristic Representative of Worldwide
Advisory Services (Pty) Ltd, an authorised
Financial Services Provider
Theft, Accidental Loss and Accidental Damage
Device Insurance Policy Wording
Underwritten by The Hollard Insurance Company Ltd
Hollard is a licensed Financial Services Provider
Cell C Device All Risks Policy Wording – April 2019 Page | 2
Contents
Introduction ___________________________________________________________________________________ 3
1. Device Cover ___________________________________________________________________________ 4
1.1 Section 1.1: Device Cover ____________________________________________________________4
2. General conditions _____________________________________________________________________ 10
2.1 General conditions ________________________________________________________________ 10
3. Definitions ____________________________________________________________________________ 11
4. Important Information __________________________________________________________________ 12
4.1 About Cell C _____________________________________________________________________ 12
4.2 About Worldwide Advisory Services_________________________________________________ 12
4.3 About the Insurer _________________________________________________________________ 13
4.4 Complaints Procedure______________________________________________________________13
Cell C Device All Risks Policy Wording – April 2019 Page | 3
Introduction
This is Your policy wording for the Device Insurance. Words in italics are defined in the Definitions.
In exchange for Your payment of the insurance premium, Hollard agrees to indemnify You against the accidental loss,
theft or accidental damage of the Device, during the period of insurance, subject to the terms, conditions and
exclusions contained in this policy wording. Optional Excess cover is available in exchange for an agreed additional
premium.
This policy wording tells You in clear and simple language how the policy works. The name of the insurance company
is The Hollard Insurance Company Limited (Hollard). Hollard is a registered insurance company and a licensed
financial services provider. Worldwide Advisory Services (Pty) Ltd has been appointed by Hollard to administer the
policy and settle Your claims on Hollard’s behalf. Cell C makes this policy available to You on a non-advice basis.
This policy wording as amended from time to time, the schedule of insurance, application forms, declarations,
authorizations and any voice-logged conversations pertaining to this policy form the basis of this insurance contract.
If there is any difference between this policy and any of the other documents mentioned above, the provisions of this
policy apply.
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1. Device Cover
1.1 Section 1.1: Device Cover
1.1.1 Insured event
The Device is covered against accidental loss, accidental damage and theft during the period of
insurance.
1.1.2 Main Benefits
1.1.2.1 Hollard may choose to either repair or replace the Device:
a. If the insured item is repairable, Hollard will pay the Hollard approved
repairer the reasonable costs to restore it to its condition immediately before
the insured event.
b. If the cost of repair is 70% or more than the value of the Device, Hollard will
consider it to be irreparably damaged and will replace the Device.
c. Hollard will replace stolen, lost or irreparably damaged Device.
d. If the same make and model of the Device is still available on the market or
from the suppliers, the stolen, lost or damaged Device will be replaced with
the same make and model.
e. If the Device is no longer available on the market or from the suppliers, You
will be given a replacement option with the same or similar features and
quality.
f. No claim will be paid out in cash.
1.1.3 Excess Buy-down – Optional Benefit
If You choose this optional benefit and pay the extra premium set out on the schedule of
insurance, Hollard will reduce the total of the basic excess You have to pay by 50%. For
example, if Your excess would have been R1 000.00 it would now be R500.00.
1.1.4 Device Benefit limits
1.1.4.1 Hollard will provide cover for a maximum of two claims within any 12-months, after the
date Your policy starts.
1.1.4.2 If the Device must be replaced, the maximum benefit will be equal to the replacement
value of the Device at date of loss provided that the replacement value will not exceed
the maximum insured value indicated on the schedule of insurance.
Cell C Device All Risks Policy Wording – April 2019 Page | 5
1.1.5 Specific exclusions to Device cover
Hollard is not liable for:
1.1.5.1 Care and Maintenance
If You fail to:
a. Take reasonable steps to protect and maintain the Device
b. Minimise the cost of any claim under this policy
1.1.5.2 Loss or damage from:
a. wear and tear, maintenance, depreciation, deterioration or other gradually
operating causes;
b. change in temperature or humidity, the action of light or climatic or
atmospheric conditions unless caused by storm, wind, water, hail or snow;
c. the process of cleaning, altering, repairing or restoring;
d. mechanical or electrical breakdown, failure, breakage or instability;
e. insects, termites, mildew, damp, corrosion, oxidation or rust;
f. confiscation or similar acts – we do not cover You for any loss, damage or
costs because the Police or any other authority legally took possession of Your
insured property for any period;
g. theft from an unattended vehicle, unless:
i. the Device is completely concealed from view to passers-by; and
ii. the vehicle is secured and locked at all points of access; and
iii. entry to the vehicle is gained by forcible, violent and visible means of
which there is evidence; or
iv. the vehicle is locked or secured in a building to which entry is gained by
violent and visible means of which there is evidence.
1.1.5.3 Any loss or damage caused by electronic viruses.
1.1.5.4 Loss or damage during the hire or loan of the Device to another person, or where the
Device is given to another person for short-term or long-term use other than a member
of Your family for whom You are responsible.
1.1.5.5 Consequential loss of any kind whatsoever, for example, data wiped from Device, or
loss of business income.
1.1.5.6 Loss of or damage to batteries (other than when they are stolen, lost or damaged
together with the Device), accessories and car-kits.
1.1.5.7 A Device that is covered against by the manufacturer’s warranty.
1.1.5.8 If You provide Hollard with any false documentation, information or facts with respect
to Your claim.
1.1.5.9 This policy does not cover any loss or damage, directly or indirectly caused by, related
to or in consequence of:
a. Trade and economic sanctions
Hollard cannot provide any cover if that means we would not comply with
trade or economic sanctions. If we find out that You are subject to such
sanctions, Hollard will cancel Your policy from the policy start date or the date
that You become subject to sanctions. We will refund any premiums paid by
You and will not pay any claims
Cell C Device All Risks Policy Wording – April 2019 Page | 6
b. War, terrorism, riots and protest actions
This includes any loss or damage related to or caused by war, terrorism, riots,
protest actions, public disorder or any attempted act of this kind.
c. Theft by false pretences or scams
If any theft happens as result of You being tricked into parting with Your
insured property as part of a transaction that You believed was real. The
transaction can be an ordinary cash transaction, an exchange or even a credit
sale agreement.
1.1.6 Specific conditions of Device cover
1.1.6.1 Conditions related to the Device
a. You must be a resident in South Africa to be covered in terms of this policy.
b. The Device must belong to You or a member of Your family for whom You are
responsible.
c. The IMEI number on the Device must match the IMEI number that is recorded
on the schedule of insurance.
d. The Device must have been used to make or receive a call, or to send or
receive an SMS, using the cellular number that was provided at the time the
Device was registered, within thirty days of a claim event.
e. If any premium amount (including Your premium under this policy) due to Cell
C is outstanding, a claim will not be entertained until the amount owing has
been paid in full.
1.1.6.2 When Your cover ends
a. Your cover under this policy will end if:
i. The Device no longer belongs to You or a member of Your family for
whom You are responsible.
ii. Your contract with Cell C ends.
iii. You cancel this policy, by calling the call centre on 084 157 0007.
iv. The Device is no longer registered on the Cell C network.
v. Hollard cancels Your policy by giving You 30 days written notice.
vi. Payment of any premium is not received within the 30 days’ period of
grace.
vii. Hollard settles a replacement claim in respect of the insured Device, and
You choose not to cover the replacement Device under this policy
1.1.6.3 Changes to this policy
a. Hollard may increase the monthly premium and/or change the cover provided
under this policy at any time by giving 30 days written notice to You.
b. If Hollard settles a claim by replacing the Device, You may amend Your existing
policy by asking Worldwide Advisory Services to cover the replacement Device
under this policy. Worldwide Advisory Services will issue You with a new policy
schedule including the details of the replacement Device and Your premium
and excess might be different.
Cell C Device All Risks Policy Wording – April 2019 Page | 7
1.1.6.4 Your Responsibilities
Keep to the terms
You must keep to the terms and condition of this policy. If You don’t, Hollard may
reject Your claim.
Tell us if You change Your Device.
You must notify Worldwide Advisory Services if You change or upgrade Your Device to
make sure that You remain covered. If You don’t You will not have any cover under this
policy because the IMEI number on the policy schedule will not match Your new
Device.
1.1.6.5 You must be honest
All dealings about this policy must be done honestly and in good faith. If You are
involved in fraudulent behaviour, we will cancel Your policy from the date of the fraud.
You will lose Your right to claim and we will not pay back any premiums we have
received. We may also take legal steps to recover any expenses from You. Examples of
fraudulent behaviour are giving us false information or documentation about a claim or
exaggerating the amount of a claim.
Claims process
a. If the Device is stolen, lost or damaged You must:
i. Within 30 days of the date of loss, complete a claim form (which is
available from Worldwide Advisory Services or on the Cell C website, at
www.cellc.co.za, and email it to [email protected] or fax it
to Worldwide Advisory Services on 086 527 8902, or contact them
telephonically on 084 157 0007.
ii. Notify Cell C immediately who will blacklist the lost or stolen Device on
the Cell C network. This lost or stolen Device may never be used again.
We cannot process the claim unless this has been done.
iii. Notify the police if the Device is lost or stolen within 48 hours of the
Device being blacklisted and provide Worldwide Advisory Services with a
police case number and an affidavit confirming the details of the claim
incident.
b. If You have more than one policy in place that covers the same Device
property, You need to tell us. The full amount of the claim will be split
between the different policies. The cover You have under each policy will
determine how we split the claim amount. You may not claim under Your
other policy for any amount that we have paid You under this policy.
i. In the case of a claim for a damaged Device, provide Worldwide Advisory
Services with the Device that is the subject of the claim by taking it to
Your nearest Cell C store, and advise Worldwide Advisory Services at
which store they can collect it.
ii. Should a lost or stolen device be found or recovered after a claim has
been settled, the old device must be given Hollard, by delivering it to the
nearest Cell C store.
iii. Provide Worldwide Advisory Services with all information, documents
and evidence requested to prove Your claim.
iv. Pay the excess once requested to do so by Worldwide Advisory Services.
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1.1.6.6 If You do not agree with the claims decision
a) Complain to Hollard
If Hollard does not accept a claim or if You don’t agree with the amount of the
claim, You may ask only Hollard to review the decision within 90 days of the date
that You received the notice.
b) Complain to the Ombudsman
You may also send Your complaint to the Ombudsman for Short-term Insurance at
any time. Please contact the Ombudsman on the details provided at the end of
this policy wording.
c) Take legal action
You may take legal action against Hollard within 270 days of the date that You
received the notice. To take legal action, summons must be served on Hollard. If
this is not done in time, You will lose Your right to claim and Hollard will no longer
be responsible for that claim.
You may also choose to take legal action against Hollard without first asking them
to review the claim decision or contacting the Ombudsman for Short-term
Insurance. If You take legal action against Hollard before contacting the
Ombudsman, You can only approach the Ombudsman for assistance after You
have withdrawn the summons against Hollard.
1.1.6.7 Prescription Period
Your claim will prescribe after 12 months from the date of the insured event, unless:
• You have referred Your claim to the Ombudsman for Short-term Insurance; or
• You have started legal action against Hollard.
When Your claim prescribes, it means that You have lost Your right to claim and Hollard
will no longer be legally responsible to pay the claim.
1.1.6.8 Excesses payable
Original Device Value
Basic Excess for Theft/Loss
claims
Basic Excess for Damage
claims
A claim event which happens
within 60 days of the
start of this policy
A second claim event within
12 months of the first event
Up to R1 000 R250 R150
Additional 50% of the basic excess
applicable
Additional 50% of the basic excess
applicable
R1 001 to R2 500 R250 R150
R2 501 to R5 000 10% of original
handset value R200
R5 001 to R7 500 10% of original
handset value R300
R7 501 to R9 000 15% of original
handset value R500
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Original Device Value
Basic Excess for Theft/Loss
claims
Basic Excess for Damage
claims
A claim event which happens
within 60 days of the start
of this policy
A second claim event within
12 months of the first event
R9 001 to R12 000 15% of original
handset value R650
Additional 50% of the basic excess
applicable
Additional 50% of the basic excess
applicable
R12 001 to R15 000 20% of original
handset value R750
R15 001 to R20 000 20% of original
handset value R1 250
R20 001 to R25 000 20% of original
handset value R1 750
R25 001 to R30 000 20% of original
handset value R2 250
R30 001 to R35 000 20% of original
handset value R2 750
Note: All amounts are inclusive of VAT.
This excess is payable once a claim has been authorised by Worldwide Advisory Services and must
be paid before a repair or replacement of the Device takes place. The excess must be
paid into Worldwide Advisory Services’ bank account:
Account Holder: Worldwide Advisory Services (Pty) Ltd.
Bank: First National Bank Limited
Account no.: 6266 9582001
Branch code: 260 950
Type of Account: Current
Reference no.: Your cellular phone number
A copy of the bank deposit or EFT must be provided to Worldwide Advisory Services (Pty) Ltd, as
proof of payment.
Cell C Device All Risks Policy Wording – April 2019 Page | 10
2. General conditions
2.1 General conditions
2.1.1 Your Privacy
In order to provide You with insurance, we have to process your personal information. We will
share Your personal information with other insurers, industry bodies, credit agencies and
service providers. This includes information about Your insurance, claims and premium
payments. We will treat Your personal information with caution and have put reasonable
security measures in place to protect it.
Period of insurance and commencement of insurance
Cover starts on the cover start date set out on the schedule of insurance, subject to You making
at least one successful call to one of the networks within 24 hours of the cover start date. This
policy is valid for one calendar month and cover will continue on a month-to-month basis as
long as premiums are paid. The policy is automatically renewed every time that You pay the
premium.
2.1.2 Premiums
Hollard has authorised Cell C to collect premiums from You on Hollard’s behalf. Cell C collects
the premium from You as part of Your monthly Cell C account payment via one debit order.
• Cell C pays the monthly premium to Hollard, before they collect it from You as part of Your monthly Cell C account payment via debit order.
• Cell C will add a pro-rata premium to Your Cell C account to cover You from the cover start date until Your first Cell C account debit order date. After this each month’s premium will cover You from Your Cell C debit order date to the next debit order date.
• If Your first Cell C account debit order fails, this policy will not start and You will not be covered. Hollard will pay any premium they have already received from Cell C back to them.
• If any subsequent Cell C account debit order fails, it means that You owe Cell C the amount of the premium that they have already paid to Hollard on Your behalf.
• You will have 30 days to pay that premium to Cell C. Cell C will attempt to debit Your bank account for Your outstanding cell phone account in this 30-day period and if that collection is successful Your policy will continue.
• If the outstanding amount is not received by Cell C in this 30-day period, this policy ends automatically at midnight on the last day of the month for which premium was received by Hollard.
• Cover will only be in place for the period for which Your full Cell C debit order has been paid.
• If You have a claim during the 30 days, You must first pay all the outstanding premiums, and therefore Your outstanding cell phone account to Cell C, before Hollard will consider Your claim.
2.1.3 Currency and law
2.1.3.1 Premiums and benefits payable under this policy will be paid in South African rands
2.1.3.2 This policy is governed by and interpreted according to South African Law in the courts
of the Republic of South Africa
2.1.4 Hollard’s liability
Our liability in terms of this policy is conditional on You, or anyone acting on Your behalf,
keeping to all the terms and conditions of this policy. All claim payments are subject to the
Cell C Device All Risks Policy Wording – April 2019 Page | 11
verification of the validity of any claim. If we reject a claim, we may ask You to pay back any
benefits that we may have paid for that claim.
2.1.5 If we recover Device after a claim
If we make a payment for a claim and recover the Device afterwards, the Device and any
proceeds received from the sale of the Device will be ours.
2.1.6 We will take over Your rights
Once we paid You for a claim, Your rights to claim against the person that caused the loss or
damage are automatically given to us.
You must give us all information and assistance that we need to claim from the person that we
consider responsible.
If You do not allow us to take this action, You may need to pay back the cost of the repairs or
the replacement Device.
2.1.7 Cooling off period
If no insured event has happened during the first 30 days after Your cover start date, You may
cancel Your cover with effect from the cover start date. You must tell us within 30 days from
the cover start date and we will pay back all the premiums You have paid for the cancelled
cover.
2.1.8 No rights to other persons
This policy does not give any rights to any person other than You.
3. Definitions
Accidental means an incident You could not foresee, that happens unexpectedly and
unintentionally at an identifiable time and place.
Cell C means Cell C the cell phone coverage provider where you have a subscriber
agreement. This policy was sold to you by Cell C and the premium
towards this policy is collected from you by Cell C as part of your cell
phone account every month. Cell C is a juristic representative of
Worldwide Advisory Services (Pty) Ltd (Worldwide Advisory
Services).
Date of loss means the date on which the insured event occurs, which must fall within
the period of insurance.
Excess/Excesses means the amount/s You must pay in respect of each and every Device
claim.
Hollard means The Hollard Insurance Company Limited, which is a registered
insurance company for the purposes of the Short-term Insurance
Act 1998 and an authorised Financial Services Provider for the
purposes of the Financial Advisory and Intermediary Services Act
2002.
Device means the network issued Device (cellphone, dongle and/or any
equipment that has the capability of either a place to install a SIM
card and/or have the ability to attach to outside equipment that
could carry a SIM card) which bears the IMEI number as reflected
Cell C Device All Risks Policy Wording – April 2019 Page | 12
on the schedule of insurance, excluding any accessories and
additional batteries.
Schedule of insurance means the schedule which reflects information including details of the
policyholder, the period of insurance, the premium, details of the
Device and the insured value.
SIM card means the subscriber identity module bearing an MSISDN (Mobile Station
International Subscriber Directory Number) allocated to each
subscriber.
Subscriber agreement means the agreement entered into between You and the Cell C which
allows You access to the cellular network at a fixed monthly access
fee.
Worldwide Advisory means Worldwide Advisory Services is an authorized Financial Services
Provider and has Professional Indemnity Insurance and Fidelity
Guarantee cover. Worldwide Advisory Services is appointed by
Hollard to administer your policy on Hollard’s behalf.
You or Your means the policyholder named in the schedule of insurance, who is the
owner of this policy.
4. Important Information
Important Information
This section does not form part of the policy and is provided for information purposes only.
1. About Cell C – how this policy was marketed to you
Hollard appointed Worldwide Advisory Services (Pty) Ltd (Worldwide Advisory) to market and sell this policy in
terms of a written intermediary agreement. Worldwide Advisory is an authorised Financial Services Provider and
has Professional Indemnity insurance and Fidelity Guarantee insurance cover in place.
Cell C is a juristic representative of Worldwide Advisory and has been authorised by Worldwide Advisory to
perform the following functions:
- Cell C may not provide advice and may offer this policy on a factual basis only.
- Cell C may collect your premium on behalf of Hollard, as part of your monthly cell phone bill.
Hollard pays Worldwide Advisory an intermediary fee of 20% for these intermediary functions.
Worldwide Advisory is ultimately responsible for the actions of Cell C as their juristic representative. If You
have any queries about how this policy was sold to You, please contact Worldwide Advisory on the details
below.
2. About Worldwide Advisory Services (Pty) Ltd – how this policy is administered
Hollard also appointed Worldwide Advisory Services (Pty) Ltd (Worldwide Advisory Services) to perform certain
binder functions on our behalf in terms of a written agreement between Hollard and Worldwide Advisory. The
binder functions are:
2.1 Entering into, varying and renewing policies
2.2 Settling claims
2.3 Determining the wording of policy
2.4 Determining the value of policy benefits
2.5 Determining premiums
Cell C Device All Risks Policy Wording – April 2019 Page | 13
Hollard pays Worldwide Advisory a binder fee of 9% for performing the abovementioned functions. This fee does
not increase the premium payable by you. Worldwide Advisory is an authorised Financial Services Provider.
Worldwide Advisory has Professional Indemnity insurance and Fidelity Guarantee insurance cover in place.
Worldwide Advisory will assist you with any queries on this policy. Please contact them on:
Worldwide Advisory Services (Pty) Ltd
PO Box 651250, Benmore, Gauteng, 2010
Telephone: 084 157 0007
Facsimile: 086 527 8902
Email: [email protected]
Operating Hours:
Monday to Friday: 08h00 to 17h00
Saturdays: 09h00 to 14h00
3. About Hollard – the insurer of this policy
The insurer is - The Hollard Insurance Company Limited (Registration number 1952/003004/06). Hollard is a
registered insurer and authorised Financial Services Provider. Hollard is a public unlisted company and has
Professional Indemnity insurance and Fidelity Guarantee insurance in place. Hollard receives Your premium and is
responsible for claims.
You may contact Hollard on the below contact details:
Postal address: Physical address
PO Box 87419 Hollard Villa Arcadia
Houghton 22 Oxford Road
2041 Parktown
Hollard Head Office
Tel: 011 351 5000
Fax: 011 351 5001
Web: www.hollard.co.za
Compliance department: [email protected]
Complaints details
Tel: 011 351 2200
Email: [email protected]
4. Complaints procedure We hope that you never have reason to complain, but if You do we will do our best to work with you to resolve it
through the following process.
Complain to Worldwide Advisory Services - General policy complaints
Please contact Worldwide Advisory Services (Pty) Ltd on the contact details below with complaints about policy
documentation, premiums or the service received from Cell C or Worldwide.
Email: [email protected]
Tel: 084 157 0007
Fax: 086 527 8902
Complain to Hollard – Unresolved complaints
If Your concerns are not resolved to Your satisfaction by calling Worldwide Advisory Services (Pty) Ltd or Cell C, You
can escalate the complaint by contacting Hollard on the following contact details:
Tel: 011 351 2200
Complaints: [email protected]
Cell C Device All Risks Policy Wording – April 2019 Page | 14
Complain to the Ombudsman for Short-term Insurance
In the unlikely event that Your complaint about the policy, premiums or claims is not resolved to Your satisfaction
by Worldwide Advisory Services (Pty) Ltd or Hollard, You may contact the Ombudsman for Short-term Insurance.
The Ombudsman for Short-term Insurance
PO Box 32334
Braamfontein
2017
Tel: 011 726 8900
Fax: 011 726 5501
Email: [email protected]
Web: www.osti.co.za
Complain to the FAIS Ombudsman
If You have a complaint about how this policy was sold to You and Your complaint is not resolved to Your
Satisfaction by Worldwide Advisory Services (Pty) Ltd, You may contact the FAIS Ombudsman. You must do so
within six months after receipt of the final response to your complaint from Worldwide Advisory Services (Pty) Ltd.
Postal address Postal address: Physical address
PO Box 74571 PO Box 74571 Kasteel Park Office Park
Lynnwood Ridge Lynnwood Ridge Orange Building, 2nd Floor
0040 0040 c/o Nossob & Jochemus Street
Erasmus Kloof,
Pretoria, 0048
Tel: 012 470 9080 / 012 762 5000
Fax: 011 726 5501
Email: [email protected]
Web: www.faisombud.co.za
Decisions about claims
Complain to Hollard
If Hollard does not accept a claim or if You don’t agree with the amount of the claim, You may ask only Hollard to
review the decision within 90 days of the date that you received the notice.
Complain to the Ombudsman
You may also send Your complaint to the Ombudsman for Short-term Insurance at any time. Please contact the
Ombudsman on the details above.
Take legal action
You may take legal action against Hollard within 270 days of the date that you received the notice. To take legal
action, summons must be served on Hollard. If this is not done in time, You will lose Your right to claim and Hollard
will no longer be responsible for that claim.
You may also choose to take legal action against Hollard without first asking them to review the claim decision or
contacting the Ombudsman for Short-term Insurance. If You take legal action against Hollard before contacting the
Ombudsman, You can only approach the Ombudsman for assistance after You have withdrawn the summons
against Hollard.
5. Combat insurance fraud
Fraud affects the insurance industry as a whole. It increases claims costs, which in turn increases premiums.
Hollard is committed to prevent fraud and we have our own internal Anti-Fraud policy. Please report any
suspicious or unethical activity anonymously on 0801 516 170 (toll free) or via email at [email protected].
Cell C Device All Risks Policy Wording – April 2019 Page | 15
6. About your policy
This is a Short-term Insurance Personal Lines policy. Please refer to Your policy wording and schedule of insurance
for the following information:
6.1 the complete nature and extent of cover;
6.2 Your premium payment responsibilities, manner and frequency thereof, and the consequences of non-
payment of premium;
6.3 remuneration, commission, fees and incentives paid to other parties;
6.4 special conditions, exclusions, excesses or restrictions; and how to cancel your policy.