Theft, Accidental Loss and Accidental Damage …...The Device is covered against accidental loss,...

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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

Transcript of Theft, Accidental Loss and Accidental Damage …...The Device is covered against accidental loss,...

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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

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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

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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.

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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

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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.

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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.

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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

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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

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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

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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]

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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].

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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.