TERMS AND CONDITIONS
Edgars Cellphone Insurance Plan
- Where physical loss, theft or accidental damage to the Handset occurs during the period of insurance, Hollard will repair or replace the Handset with a product of similar quality and price.
- Where the Handset can be repaired, Hollard will pay the repairer the costs reasonably incurred to restore it to its condition immediately prior to the insured event.
- Hollard will use its own discretion to determine if the Handset is irreparably damaged and in which case it will replace the Handset.
- If the claimed amount of the Handset amounts to more than the Insured Value stated on the Policy Schedule, You will be Your own insurer for the difference between the maximum Insured Value and replacement cost of the Handset.
- Limitation of benefits
- A maximum of 3 (three) claims will be entertained within a 12 (twelve) month period.
- The benefit shall not be paid in cash and the benefits in terms of this policy shall be the replacement value of the Handset with a product of similar quality and price.
- The maximum benefit will be equal to the replacement value of the Handset at Date of Loss but not exceeding the maximum Insured Value as indicated on the Policy Schedule.
- Period of Insurance
- Cover starts on the Inception Date and shall continue until terminated. The policy is valid for one calendar month and cover will renew on a month-to-month basis if premium is paid.
- Payment of premiums
- This policy is conditional upon and will only commence following the payment of the first premium.
- Premiums are due and payable monthly on the date of billing of Your Edgars account.
- Edgars will notify You of any non-payment of premium.
- If the premium is not received from You by the Premium Due Date or within the grace period from the second month of this policy, the policy shall automatically terminate from 24:00 (midnight) on the last day of the month for which premium was actually received.
- Premium Payment Days Of Grace
- A period of 30 (thirty) days grace is allowed for the payment of the monthly premium and applies from the second month onwards.
- During the grace period all benefits will remain in force. If any event occurs during the grace period that results in a valid claim, the unpaid premiums will become payable.
- Specific Exclusions
- Hollard shall not be liable for:
- the Excess amount as stated in the policy unless the insured event arises from fire, lightning or explosion;
- loss or damage from:
- wear and tear, maintenance, depreciation, deterioration or other gradually operating causes;
- change in temperature or humidity, the action of light or climatic or atmospheric conditions unless caused by storm, wind, hail or snow;
- the process of cleaning, dyeing, bleaching, altering, repairing or restoring;
- mechanical or electrical breakdowns, failure, breakage or derangement;
- inherent vice or defects, vermin, insects, termites, mildew, damp, corrosion, oxidation or rust;
- confiscation, detention, requisition or nationalisation, whether by customs or other authority;
- theft from an unattended vehicle, unless the Handset is completely concealed and the vehicle is secured and locked at all points of access and entry is gained by forcible, violent and visible means of which there is evidence or the vehicle is locked or secured in a building; (refer to the Claims Procedure below)
- loss or damage arising from or contributed to by dishonesty of a principal member, director, partner, employee or agent of You;
- loss or damage to the Handset consigned under a bill of lading;
- any claim which is not submitted to Finrite within the first 30 (thirty) days from date of loss or damage;
- any loss that was not reported to the police within the first 48 (forty-eight) hours;
- any loss or damage caused directly or indirectly by or through or in consequence of the capture, saving, retention or the process of any data as a result of the action of any cell phone virus, or other corrupting, harmful or otherwise unauthorised code or instruction.
- any loss or damage to any stolen Handset in Your possession.
- General Exclusions
- This policy does not cover any loss, damage or liability, directly or indirectly caused by, related to or in consequence of:
- civil commotion, labour disturbances, riot, strike, lock-out or public disorder or any act or activity which is calculated or directed to bring about any of the aforesaid;
- war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not) or civil war;
- mutiny, military rising, military or usurped power, martial law or state of siege or any other event or cause, which determines the proclamation, or maintenance of martial law or state of siege;
- Insurrection, rebellion or revolution;
- any act (whether on behalf of any organisation, body or person or group of persons) calculated or directed to overthrow or influence any state or government or any provincial, local or tribal authority with force or by means of fear, terrorism or violence;
- any act which is calculated or directed to bring about loss or damage in order to further any political aim, objective or cause or to bring about any social or economic change or in protest against any state or government or any provincial, local or tribal authority or for the purpose of inspiring fear in the public or any section thereof.
- any act of terrorism.
- For the purpose of this General Exclusion an act of terrorism includes, without limitation, the use of violence or force or the threat thereof whether as an act harmful to human life or not, by any person or group of persons, whether acting alone or on behalf of or in connection with any organisation or government, committed for political, religious, personal or ideological reasons or purposes including any act committed with the intention to influence any government or for the purpose of inspiring fear in the public or any section thereof.
- Conditions of Cover
- 30 Day Policy Review Period
- Where no claim has been instituted in terms of this policy or where no right has accrued to You to institute a claim or receive any benefit in terms of the policy, You may, within 30 (thirty) days after the policy documentation has been sent by Hollard, cancel the policy by contacting Edgars Customer Care Services on 0860 112 442 and informing them of the cancellation. All premiums paid during this 30 (thirty) day review period shall be refunded by Hollard, subject to the deduction of the cost of any cover actually enjoyed by the Insured Persons.
- Termination Of Cover
- This policy shall be terminated if:
- the Handset no longer belongs to You or a member of Your family for which You are responsible.
- You cancel this cover.
- non-payment of any premium occurs.
- You breach any warranty.
- Where the policy was terminated, You may reinstate the policy at any time and cover will commence from the date of reinstatement, provided that the premium is up to date from the date of reinstatement.
- Failure to comply with the terms and conditions of this policy will result in You not being entitled to any benefit under this policy.
- In the event of the theft or loss of the Handset the phone will be blacklisted on the subscribed network and can never be used again although the replaced Handset will continue to have cover under this policy.
- You may cancel this policy at any time, subject to a 30 (thirty) day notice period. Notification must be made in writing to Edgars or Finrite.
- Hollard has the right to cancel the insurance after any claim subject to 30 (thirty) days notice, in which case the unearned premium, if any, will not be refundable.
- No Premium No Cover
- The insurance contract is conditional upon and will only come into effect following payment of the first premium by or on behalf of You. Premiums are due and payable monthly in advance. Edgars will debit the premium amount from Your Edgars Account.
- Prevention Of Loss
- You will take all reasonable precautions to avoid and to minimize any loss, theft or damage and to ensure the safe keeping of the Handset at all times.
- Policy and Premium Amendments
- Hollard may amend or endorse this policy at any time by giving You 30 (thirty) day’s written notice. Notice will be given by fax or by post to Your last known address.
- Monthly premiums may be increased due to changes in legislation concerning this product or changes due to market conditions, subject to Hollard giving You 30 (thirty) day’s prior notification in writing.
- You must notify Finrite in writing within 30 (thirty) days of any changes to the original details supplied by You at the time of application of the policy and/or specified in the Policy Schedule.
- Claims Procedure
- On the happening of an event that may result in a claim under this policy, You will:
- within 30 (thirty) days of the event, complete and submit a claim to the nearest Edgars Store or fax the completed claim form and certificate to Finrite on 0861 346 329;
- notify the police within 48 (forty eight) hours of the event and provide Finrite with a copy of the police report, case number and an affidavit;
- advise Finrite of any other insurance in force, which covers the same event, in which case Hollard will be liable only for their proportion of the loss;
- in the case of claims for a damaged Handset, provide Finrite with the cellular telephone that is the subject of the claim.
- provide Finrite with all the information and evidence to prove Your claim.
- Claims lodged will be administered and managed by Finrite. All benefit payments are subject to the verification of a valid claim. Please ensure that you read the claim for carefully for any additional requirements. At any stage, Hollard may require additional information to process the claim. No benefit will be paid in cash.
- Hollard’s Rights
- On the happening of an insured event Hollard or its nominee may, without incurring any liability or in any way diminishing its rights:
- Take or keep possession of any damaged Handset and deal with it in any reasonable manner, provided that this condition does not grant You license to abandon any property to Hollard, whether already in its possession or not;
- Take legal action in Your name in respect of any recovery of or contribution to a claim.
- Dispute Resolution and Time Bar
- If Hollard declines liability for a claim made in terms of this policy or cancels the policy, representation may be made to Hollard within 90 (ninety) days of Your receipt of the letter of rejection or cancellation letter.
Representation must be submitted in writing to:
- Edcon Insurance Services (Hollard)
P O Box 87428
Fax Number: 011 351 3503
- Alternatively, You may contact:
- The Ombudsman for Short Term Insurance
P O Box 32334
Tel Number: 011 726 8900
Fax Number: 011 726 5501
- If the dispute is not satisfactorily resolved in this manner, You may institute legal action against Hollard for the enforcement of the claim by way of the service of summons against Hollard. Summons must be served on Hollard within 180 (one hundred and eighty) days of the expiry of the above mentioned 90 (ninety) day period, failing which all benefits in respect of such claim shall be forfeited and no liability can arise in terms of such claim.
- Consent to Disclosure of Private Information
- It is essential for insurance companies to share claims and underwriting information (as well as credit information) in order to enable the fair assessment and underwriting of risks and to reduce the number of fraudulent claims.
- You hereby waive any right to privacy and consent to the disclosure of any insurance information provided by You or on Your behalf for any insurance policy or claim made or lodged by You or on Your behalf and You agree to such information being disclosed to any other insurance company, whether on Your behalf or on behalf of any person You represent herein.
- This consent clause will survive the termination for whatever reason of the policy, including the cancellation or lapsing thereof.
- The information provided may be verified against other sources or databases.
- If any claim under this policy is in any respect fraudulent or if any fraudulent means or devices are used by You or anyone acting on Your behalf to obtain any benefit under this policy or if any loss, damage or liability be occasioned by the wilful act or with Your connivance, all benefit under this policy in respect of such claim shall be forfeited including the forfeiture of all premiums that have been paid.
- Misrepresentation, Misdescription or Non-disclosure
- Misrepresentation, misdescription or non-disclosure of any material fact or circumstances in connection with this policy, a claim in terms of this policy or the application for this policy may result in this policy being cancelled, a claim rejected or the policy voided from inception.
- Currency and Law
- All amounts stated in this contract are in the currency of the Republic of South Africa. This policy will be decided according to the laws of the Republic of South Africa.