CELLPHONE INSURANCE TERMS AND CONDITIONS

TRUWORTHS CELLULAR INSURANCE POLICY WORDING

Underwritten by The Hollard Insurance Company Limited
22 Oxford Road,
Parktown,
2193,
Tel No:(011)351 5000
POLICY NUMBER: 02HRC/TRC/MISC/1/2003

Hollard will in exchange for receipt of the premium as stated in the certificate of insurance, on the due date, agree to indemnify the Insured against the accidental loss, theft or damage of the Insured Item as defined and occurring during the Period of Insurance, subject to the terms, conditions, exclusions and exceptions contained in this policy or in any subsequent endorsement thereto. Hollard's liability shall not exceed the Sum Insured as stipulated on the certificate of insurance. This policy, as may be amended from time to time, various administrative forms, application forms, certificates, declarations, authorisations and agreements supplied by Hollard shall form the basis of this insurance contract. In the event of any conflict between the provisions of this policy and any other documentation as described above, the provisions of the policy (as amended) shall prevail.

Insured Events

1.

Accidental physical loss of, theft of or accidental physical damage to the Insured Item, provided that no benefit shall be paid in cash to the Insured and the benefit in terms of this policy shall be the replacement of the Insured Item with an item of similar quality and price.

2.

Physical loss or physical irreparable damage as set out above will be deemed to be accidental if it was caused solely and directly by a sudden, unexpected and unforeseen event accompanied by violent, accidental, external and visible means independently of any other cause.

3.

Where the Insured Item can be repaired, Hollard will pay to the repairer the costs reasonably incurred to restore it to its condition immediately prior to the Insured Event.

4.

Hollard may decide whether they want to settle by repairing or replacing or reinstating but subject always to the amounts stated in this certificate of insurance, less any First Amount Payable / Excess as detailed in the certificate of insurance.

COMMUNICATION INFORMATION

If you have any queries or any complaints regarding this insurance policy, or about the service you have received, kindly contact:

QUERIES AND ADMINISTRATION
Finrite (Pty) Ltd.
Property Park, 389 c
Ontdekkers Road
Florida Park,
1709

PO Box 22524,
Helderkruin,
1733

Tel No : 0861 375 225
Fax No : 0865 060 002
 

COMPLAINTS
The Hollard Life Assurance
Company Limited
Retail Division
Houghton
2041

Fax No : (011) 351 3139

INTERMEDIARY
Truworths Ltd
(Reg. No. 1940/013923/06)
P O Box 4775,
Cape Town,
8000

No. 1 Mostert Street,
Cape Town,
8001

Tel No : (021) 460 7788
Fax No : (021) 460 7142
 

THE OMBUDSMAN OF
SHORT TERM INSURANCE

P O Box 32334
Braamfontein
2017

Tel No: (011) 726 8900
Fax No :(011) 726 5501

This poliy is underwritten by The Hollard Life Assurance Company, a licensed Financial Services Provider and a registered insurance company
 

1.

Truworths is a holder of Professional Indemnity Insurance.

2.

Truworths receives from Hollard 20% (percent) of the premium as commission.

3.

Finrite receives from Hollard a fixed administration fee of R5.50 per debit order raised against the premium due per policy holder.

4.

Truworths is authorised by Hollard to act as its intermediary in selling Hollard insurance products through the Truworths store infrastructure.

5.

Truworths is an authorised Financial Services Provider: FSP NO - 15089, licensed to provide financial intermediary services in respect of Long-term Insurance (Category A and B) and Short-term Insurance (Category Personal Lines).

Cover

The replacement value will be the value stated on the application form and certificate of insurance, up to a maximum amount of R5000 (five thousand rand) inclusive of VAT. Any replacement of an Insured Item will be authorised by Finrite. The policy provides for the replacement of an Insured Item with a cell phone and SIM card of equivalent quality and value to the cell phone being replaced, subject to availability. In the event of a dispute regarding a replacement this has to be referred to Hollard. The Insured shall be considered his/her own insurer for the difference between the sum insured and any outstanding balance due to the credit supplier in respect of any finance charges still owed, excluding any residual amount recorded in the finance agreement, calculated to the month in which the claim is settled. Should the Insured not be covered for the full replacement cost of the Insured Item, the Insured will be considered their own insurer for the difference between the sum insured and any outstanding balance and shall bear a rateable proportion of the loss accordingly.

Insured Item

The cellular telephone handset as specified in the certificate of insurance, inclusive of the SIM card, but exclusive of any accessories or additional batteries. The cellular telephone must be the property of the Insured.

Date of Loss

The date, upon which the Insured Event occurs, which date must fall within the Period of Insurance.

General Exclusions

This policy does not cover any loss, damage or liability, directly or indirectly caused by, related to or in consequence of:

1.

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.

2.

war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not) or civil war.

3.

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.

4.

insurrection, rebellion or revolution.

5.

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.

6.

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.

Specific exclusions

Hollard shall not be liable for:

1.

the Excess amount as stated in the policy unless the Insured Event arises from fire, lightning or explosion;

2.

loss or damage from:

2.1

wear and tear, maintenance, depreciation, deterioration or other gradually operating causes;

2.2

change in temperature or humidity the action of light or climatic or atmospheric conditions unless caused by storm, wind, water, hail or snow;

2.3

the process of cleaning, dyeing, bleaching, altering, repairing or restoring;

2.4

mechanical or electrical breakdown, failure, breakage or derangement;

2.5

inherent vice or defects, vermin, insects, termites, mildew, damp, corrosion, oxidation or rust;

2.6

theft from an unattended vehicle, unless the Insured Item 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;

3.

loss or damage arising from or contributed to by dishonesty of the Insured or of a principal member, director, partner, employee or agent of The Insured;

4.

gross negligence;

5.

loss or damage to the Insured Item consigned under a bill of lading;

6.

any claim which is not submitted to Finrite within the first 30 (thirty) days from date of loss or damage;

7.

any theft of the Insured Item which was not reported to the police within the first 48 (forty-eight) hours;

8.

any loss or damage caused directly or indirectly by or through or in consequence of the capture, saving, retaining or the processing of any data as a result of the action of any cellular phone virus, or other corrupting, harmful or otherwise unauthorised code or instruction;

9.

loss, damage, cost or expense directly or indirectly arising from permanent or temporary dispossession resulting from detention, confiscation, forfeiture, impounding or requisition legally carried out by customs, police services, crime prevention units or any lawfully constituted officials or authorities.

If Hollard say that a claim in not covered because of the Specific Exclusions in 1 to 9 above, then the Insured must prove the contrary.

GENERAL PROVISIONS

Excess in the event of a claim:

1.

In respect of each and every event that gives rise to a claim within the first 4 (four) months from inception of the policy, the Insured will be responsible for 40% (forty percent) of the sum insured.

2.

In respect of each and every cent that gives rise to a claim after the first 4(four) months from inception on the policy, the Insured will be responsible for 10% (ten percent) of the sum insured, with a minimum of R150 (one hundred and fifty rand).

Payment of the Excess shall be made directly to Finrite by direct deposit at:
ABSA Bank
Branch: Protea Park
Branch Code: 63-20-05
Account number: 1790 175 979
A maximum of 3 (three) claims allowed within a period of 12 (twelve) consecutive months, after which Hollard reserves the right to cancel the policy.

Period of Insurance

The Period of Insurance shall be as stated on the certificate of insurance and will be subject to Hollard's receipt and acceptance of the premium. On monthly policies the policy will renew automatically on the first day of every month upoon receipt of payment of the premium.

GENERAL CONDITIONS

Failure by the Insured to comply with the terms and conditions of this policy will result in the Insured not being entitled to any benefit under this policy.

1.

Termination

Cover under this policy shall cease:

1.1

On the day the Insured Item no longer belongs to the Insured or a member of their family for which they are responsible.

1.2

On the day the Insured Item no longer belongs to the Insured or a member of their family for which they are responsible.

1.3

Where there is non-payment of any premium, subject to General Condition 9, period of grace, of this policy.

2.

Prevention of Loss

Hollard shall not be liable for any loss, theft or damage to the Insured Item under this policy and the Insured shall not be indemnified unless the Insured or any person enjoying cover under this policy takes all reasonable precautions to avoid and to minimise any loss, theft or damage.
 

3.

Claims

On the happening of an event that may result in a claim under this policy, the Insured shall:

3.1

within 30 (thirty) days of the event, complete and submit a claim form to Finrite on fax number 0865 060 002 , or post the it to Finrite Administrators, P O Box 22524, Helderkruin,1733.

3.2

in the case of theft, notify the police of the event within 48 (forty-eight) hours and provide Finrite with the case number and a copy of the police report.

3.3

advise Finrite of any other insurance in force, which covers the same event, in which case Hollard shall only be liable for its portion of the loss.

3.4

in the case of a claim for damage to the Insured Item, provide Finrite with the Insured Item that is the subject of the claim, as items are repaired by Finrite.

3.5

provide Finrite with any other information and evidence that they may reasonably require.

4. Hollard's Rights

On the happening of an Insured Event Hollard or Finrite on behalf of Hollard may, without incurring any liability or in any way diminishing their rights:
 

4.1

take or keep possession of any damaged Insured Item and deal with it in any reasonable manner, provided that this condition does not grant the Insured license to abandon any property to Hollard, whether already in its possession or not;

4.2

take legal action in the name of the Insured in respect of any recovery of or contribution to a claim;

4.3

take over and conduct in the name of the Insured, the defence and settlement of any claim.

5. Cancellation

This policy may be cancelled by the Insured or by Hollard by giving 30 (thirty) days written notice therof. Hollard will have the right to cancel the policy after the 3rd (third) claim, upon which the Insured will receive written notice of the cancellation of the policy at the last known address.

6. Fraud

If any claim under this policy is in any respect fraudulent or if any fraudulent means or devices are used by the Insured or anyone acting on his/her behalf to obtain any benefit under this policy or if any loss, damage or liability be occasioned by the wilful act or with the connivance of the Insured, all benefits under this policy in respect of such claim shall be forfeited.

7. Misrepresentation, Misdescription or Non-disclosure

Misrepresentation, misdescription or non-disclosure of any material fact or circumstances in connection with a claim in terms of this policy or the application for this policy shall render this policy void at the discretion of Hollard. In the event that a benefit is paid to the Insured as a result of any misrepresention, non-disclosure, misdescription or fraudulent actions by the Insured, the Insured shall be obliged to repay or return the benefit the Insured has received under this policy and Hollard shall be entitled to take legal action against the Insured to recover the benefit or any costs involved.

8. Jurisdiction

This policy is subject to the laws of the Republic of South Africa. The courts shall have sole jurisdiction to the exclusion of the courts of any other country.

9. Premium Due Date and Period of Grace

Premium is due and payable by direct debit in advance on or before the first working day of every month. The Insured shall be entitled to a period of 15 (fifteen) days from the premium due date within which to pay the premium. This period of grace only applies from the second month of the currency of the policy. If the premium is not paid in terms of this policy, cover shall automatically lapse without further notice and shall cease at midnight on the day before the unpaid premium became due.

10. Rejection of Liability and the Time Bar

If Finrite Admnistrators (being the claims administrators referred to in clause 3 above) on behalf of Hollard declines liability for a claim made in terms of this policy or Hollard avoids this policy or the Insured disputes the amount of any claim under this policy, representation may be made to Hollard within 90 (ninety) days of the date of the letter rejection or avoidance.

The representation must be submitted in writing to:

Hollard
Retailer Business Solutions
PO Box 87419
Houghton,
2041

Tel No: (011) 351 1374
Fax No: (011) 351 3139
E-mail: HRBSComplaints@hollard.co.za

Alternatively, you may contact:
The Ombudsman of
Short Term Insurance
PO Box 32334,
Braamfontein,
2017

Tel No: (011) 726 8900
Fax No: (011) 729 5501
 

11. Blacklisting

In the event of theft or loss of the Insured Item, the Insured must blacklist the Insured Item on the subscribed network within 48 (forty eight) hours of the event by notifying their network provider.

12. Notice of Amendments to Cover

Hollard may change the policy by giving 30 (thirty) days notice. Hollard may give notice by fax or by post to the Insured's last known address. Any change which the Insured makes will be effective from the time and the date agreed to.

13. Territorial Limits
This policy only operates in the Republic of South Africe.