Allphones Mobile Phone Damage Insurance Terms - 2010
Summary of the Allphones Arrangement
A person who purchases a new Nokia mobile phone:
- • worth $200 RRP or more including GST (handset cost only - does not include the costs of any associated plan(s));
- • during a month in which the Policy is in force;
- • through an Allphones store or www.allphones.com.au; and
- • for which they have not purchased any other insurance cover,
is automatically granted access at no extra charge to cover for certain physical damage to the Nokia mobile phone anywhere in Australia during the Period of Insurance under an insurance policy held by Allphones.
It is not compulsory to access the insurance benefits and a person may obtain their own insurance to cover the relevant risks (but this makes the person ineligible to access this insurance) or choose to bear the risks themselves.
Access to cover is only provided for the Period of Insurance which at most will be 6 months. Once the Period of Insurance ends a covered person needs to consider what protection they need for their Nokia mobile phone.
For details of:
- • how the arrangement works see “How The Allphones Arrangement Works” Section; and
- • the cover provided see the “Cover Section”.
Cover
1. Definitions
The following words when used in this document have the meanings specified.
Allphones means Allphones Retail Pty Limited ABN 67 008 168 090.
Australia means Australia but not its external territories.
Excess means the amount the Insurer may deduct from any claim payment and is $95 for each and every claim.
Insurer means the Hollard Insurance Company Pty Ltd ABN 78 090 584 473, AFSL 241436 of Level 24, 259 George Street, Sydney, NSW 2000 acting through its agent Risk Insure Pty Ltd ABN 23 090 918 399 (“Risk Insure”) AFSL 230163, of 452 Pulteney Street, Adelaide SA 5000 under binder agreement.
Mobile Phone means the Nokia mobile phone hardware comprising the handset identified by its international mobile equipment identity (“IMEI”) and original battery (but not the SIM card, software or peripherals such as chargers and hands-free equipment) which was:
- • brand new when purchased by You through a Participating Allphones Store or www.allphones.com.au;
- • worth $200 RRP or more including GST (handset cost only - does not include the costs of any associated plan(s));
- • purchased during a month in which the Policy was in force;
- • not covered by any other insurance cover that You have purchased.
Period of Insurance means the period starting from the date of purchase of the Mobile Phone and expiring on the earlier of:
- • midnight 6 months from date of purchase of the Mobile Phone; or
- • You terminate Your access to the insurance benefit(s) by providing written notice to Allphones.
Policy means the insurance policy entered into by Allphones with the Insurer pursuant to which You get access to the cover set out in this Cover Section.
RRP means recommended retail price.
You and Your means the person or entity specified as the
purchaser on the invoice for the Mobile Phone issued by the
Allphones store (or Allphones, where purchased through www.allphones.com.au).
2. Coverage
In the event that Your Mobile Phone is physically damaged anywhere in Australia during the Period of Insurance, the Insurer will at its option:
- • repair it; or
- • replace it with the same (or if not available, an equivalent) model; or
- • make a cash payment equivalent to the cost to the Insurer of repairing or replacing the Mobile Phone.
The maximum amount that the Insurer will pay for any one claim and all claims:
- • to repair the Mobile Phone; or
- • to replace the Mobile Phone; or
- • as a cash payment equivalent to the cost to the Insurer of repairing or replacing the Mobile Phone,
- is $1500, less the Excess.
In the event that the Mobile Phone is replaced the insurance ends (ie no cover is provided for the replacement handset).
Repair costs are based on Risk Insure’s authorised repairers’ costs less any applicable Excess.
Replacement costs are based on the recommended retail price
of the equivalent mobile phone at the time of the claim less any
applicable Excess.
3. The Policy does not cover
The Policy does not cover:
- • theft of the Mobile Phone;
- • loss of the Mobile Phone;
- • damage to the Mobile Phone that can be claimed from a manufacturer or supplier, including under any warranty;
- • damage to the mobile phone resulting from an electronic virus or relating to the software of the Mobile Phone;
- • fraudulent claims, or claims where the damage cannot be reasonably proven, or where You have intentionally damaged, or allowed the Mobile Phone to be damaged; or
- • damage caused by, or contributed to by nuclear weapons material or ionizing radiation, contamination, radioactivity from any nuclear fuel or nuclear waste, or from the combustion of nuclear fuel or waste, or from any self sustaining process of nuclear fission.
- • fire damage that occurs in Victoria.
4. Claim procedures and conditions
- A In the event of damage You must as soon as possible but in any event within two (2) business days contact Risk Insure on 1300 720 082.
- B You must return the Mobile Phone (but not its SIM card, memory card, charger or original handset box) to any Allphones store. The store will send it for repair under the manufacturer’s/supplier’s warranty.
- C If the manufacturer/supplier does not fully repair, replace with the same (or if not available, an equivalent) model or make a cash payment equivalent to the cost of replacing the Mobile Phone, please forward the Mobile Phone and all damage notes (notes from the manufacturer/ repair agent) to Risk Insure via registered post or courier.
- D Risk Insure will contact You to advise You whether it has approved Your claim and if so, to arrange for collection of Your Excess.
- E If the Mobile Phone is considered by Risk Insure to be beyond economical repair then Risk Insure may, at its option replace the Mobile Phone with another of similar function, type, model, capacity and quality, or pay a cash equivalent value.
- F The Mobile Phone’s memory may be lost during the repair process as the settings must be set back to the original settings. It is Your responsibility to save any personal information prior to sending in Your damaged Mobile Phone.
- G If You do not contact Risk Insure within 3 months of Your Mobile Phone arriving for assessment, the Mobile Phone will be recycled at Risk Insure’s discretion as per the Uncollected Goods Act 1995 (NSW). No reimbursements or settlement will be entered into if You contact Risk Insure after the 3 month period for return of the damaged Mobile Phone.
5. Conditions
You must comply with the following conditions:
Reasonable care and precautions
You must take all reasonable care and precautions to prevent any damage to the Mobile Phone which could result in a claim.
Safe Keeping
This document and the invoice issued by the Participating Allphones Store for the purchase of the Mobile Phone are important documents, the invoice provides proof of the Service Provider Agreement. You may need to refer to them from time to time so please keep them in a safe place.
Your Duty
You must comply with the terms and conditions of this document, if You fail to do so and this prejudices the Insurer’s interests, subject to the Insurance Contracts Act 1984 (Cth), it may refuse to pay part or all of a claim.
Assistance and co-operation
You must provide the Insurer with all reasonable assistance and co-operation that it requests.
Subrogation
In the event of any payment under the Policy, the Insurer shall be subrogated to all of Your rights to recover against any person or entity other than another person provided with cover and You must execute and deliver any instruments and papers and do whatever else is necessary to enable the Insurer to secure such rights. You shall not take action after any damage to the Mobile Phone which will prejudice the Insurer’s rights to subrogation.
Legal Jurisdiction
This insurance is subject to the laws of the State of New South Wales.
Privacy Statement
The Insurer and Allphones (referred to as “we”, “us” and “our” in this clause) are committed to ensuring the privacy of Your personal information. We collect Your personal and other information in accordance with all relevant legislation and for the functions and activities of our businesses (e.g. to sell and administer the Policy and sell and administer our other products and services). We only disclose information to other persons and then only to the extent necessary, if:
- • they are assisting us with or are involved in our business (for example, claims assessors, investigators, lawyers, risk assessors, reinsurers, agents, telephone networks, sales associates, market research organisations or business alliance partners);
- • a lawful exception applies (for example, if we believe disclosure is reasonably necessary to lessen or prevent a serious and imminent threat to a person’s life, health or safety); or
- • You consent to us doing so.
From time to time we may use information provided by You to market our other products and services to You. We will do this until You advise us directly that You wish to opt out. To do this, You can tell us when we call or simply contact us and opt out.
You have the right to seek access to Your personal information and to require us to correct it if the information we hold is inaccurate, incomplete or not up-to-date. For further information about how we collect, use, disclose and keep Your personal information secure and how we make it available for access by You, contact us.
Questions, concerns or complaints?
Contact Risk Insure on 1300 720 082
PO Box 7087,
Hutt Street
Adelaide SA 5000
T: 1300 720 082
Confirming access to cover
To confirm access to the cover contact Risk Insure in writing or by phone via the contact details above.
How The Allphones Arrangement Works
Allphones has entered into the Policy with the Insurer (as contracting insured) under which persons who are eligible to access the cover automatically have a right to make a claim directly with the Insurer in accordance with the Cover Section above.
The right to access cover is provided pursuant to the operation of section 48 of the Insurance Contracts Act 1984 (Cth).
An eligible person is not a contracting insured under the Policy and does not enter into any agreement with the Insurer, Risk Insure, Allphones or an Allphones store. Allphones is not the Insurer or the agent of the Insurer, but is the contracting insured under the Policy.
Allphones and Allphones stores do not hold an Australian Financial Services Licence and are not authorised to provide any recommendations or opinions about this insurance or to otherwise provide any financial product advice. You should consider obtaining financial product advice about this insurance from a person who is able to give such advice under an Australian Financial Services Licence.
An eligible person gets access to cover under the Policy for the Period of Insurance. Access to cover ends when the period of Insurance ends but nothing affects any right a person has to claim in relation to a covered event which occurred prior to the time access ended.
The Policy is in force from 12 am 1 April 2010 until 12am 1 May 2010. The Policy is cancellable by the Insurer in accordance with its rights under the Insurance Contracts Act 1984 (Cth). The Policy is automatically renewable for further periods of one calendar month unless the Insurer otherwise notifies Allphones in writing that it does not propose to renew the policy at least 14 days prior to the end of the period in which the Policy is in force. Access to cover will not end by reason of the Policy being cancelled or not renewed. If Allphones reasonably believes that the cover will not apply for the period represented, it is obliged to take reasonable steps to promptly bring this to the attention of eligible persons unless they will continue to be covered under a policy that provides substantially similar cover for the period (or the remainder of the period) for which it was represented that they would be covered. If Allphones fails to comply with this obligation and an eligible person suffers loss or damage as a result, Allphones is obliged to compensate them for this loss or damage.
The Insurer is not obliged to notify an eligible person of any such matters. Its notice obligations solely apply to Allphones.
Allphones Mobile Phone Damage Insurance Terms - 2009
Summary of the Allphones Arrangement
A person who purchases a new mobile phone (excluding phones purchased outright ie not on a plan):
- • on a 24 month contract (with any Australian telecommunications network);
- • during a month in which the Policy is in force;
- • through a Participating Allphones Store; and
- • for which they have not purchased any other insurance cover,
is automatically granted access at no extra charge to cover for certain physical damage to the mobile phone anywhere in Australia during the Period of Insurance under an insurance policy held by Allphones.
It is not compulsory to access the insurance benefits and a person may obtain their own insurance to cover the relevant risks (but this makes the person ineligible to access this insurance) or choose to bear the risks themselves.
Access to cover is only provided for the Period of Insurance which at most will be 6 months. Once the Period of Insurance ends a covered person needs to consider what protection they need for the remainder of the of the 24 month contract.
For details of:
- • how the arrangement works see “How The Allphones Arrangement Works” Section; and
- • the cover provided see the “Cover Section”.
Cover
1. Definitions
The following words when used in this document have the meanings specified.
Allphones means Allphones Retail Pty Limited ABN 67 008 168 090.
Australia means Australia but not its external territories.
Excess means the amount the Insurer may deduct from any claim payment and is $95 for each and every claim.
Insurer means the Hollard Insurance Company Pty Ltd ABN 78 090 584 473, AFSL 241436 of Level 24, 259 George Street, Sydney, NSW 2000 acting through its agent Risk Insure Pty Ltd ABN 23 090 918 399 (“Risk Insure”) AFSL 230163, of 452 Pulteney Street, Adelaide SA 5000 under binder agreement.
Mobile Phone means the mobile phone hardware comprising the handset identified by its international mobile equipment identity (“IMEI”) and original battery (but not the SIM card, software or peripherals such as chargers and hands-free equipment) which was:
- • brand new when purchased by You through a Participating Allphones Store;
- • purchased on a 24 month Service Provider Agreement with any Australian telecommunications network;
- • purchased during a month in which the Policy was in force;
- • not purchased outright (ie not on a 24 month Service Provider Agreement); and
- • not covered by any other insurance cover that You have purchased.
Participating Allphones Store means a store indicated on page 55 of the Allphones Buyer’s Guide August 2009 as “Stores participating in Comes with Insurance promotion”.
Period of Insurance means the period starting from the date of purchase of the Mobile Phone and expiring on the earlier of:
- • midnight 6 months from date of purchase of the Mobile Phone; or
- • when Your Service Provider Agreement ends or You terminate Your access to the insurance benefit(s) by providing written notice to Allphones.
Policy means the insurance policy entered into by Allphones with the Insurer pursuant to which You get access to the cover set out in this Cover Section.
Service Provider Agreement means the written agreement You enter into with the relevant telecommunications network provider for the purchase of the Mobile Phone and the provision of telecommunications services.
You and Your means the person or entity specified as the purchaser on the invoice for the Mobile Phone issued by the Participating Allphones Store.
2. Coverage
In the event that Your Mobile Phone is physically damaged anywhere in Australia during the Period of Insurance, the Insurer will at its option:
- • repair it; or
- • replace it with the same (or if not available, an equivalent) model; or
- • make a cash payment equivalent to the cost to the Insurer of repairing or replacing the Mobile Phone.
The maximum amount that the Insurer will pay for any one claim and all claims:
- • to repair the Mobile Phone; or
- • to replace the Mobile Phone; or
- • as a cash payment equivalent to the cost to the Insurer of repairing or replacing the Mobile Phone,
- is $1500, less the Excess.
In the event that the Mobile Phone is replaced the insurance ends (ie no cover is provided for the replacement handset).
Repair costs are based on Risk Insure’s authorised repairers’ costs less any applicable Excess.
Replacement costs are based on the recommended retail price of the equivalent mobile phone at the time of the claim less any applicable Excess.
3. The Policy does not cover
The Policy does not cover:
- • theft of the Mobile Phone;
- • loss of the Mobile Phone;
- • damage to the Mobile Phone that can be claimed from a manufacturer or supplier, including under any warranty;
- • damage to the mobile phone resulting from an electronic virus or relating to the software of the Mobile Phone;
- • fraudulent claims, or claims where the damage cannot be reasonably proven, or where You have intentionally damaged, or allowed the Mobile Phone to be damaged; or
- • damage caused by, or contributed to by nuclear weapons material or ionizing radiation, contamination, radioactivity from any nuclear fuel or nuclear waste, or from the combustion of nuclear fuel or waste, or from any self sustaining process of nuclear fission.
- • fire damage that occurs in Victoria.
4. Claim procedures and conditions
- A In the event of damage You must as soon as possible but in any event within two (2) business days contact Risk Insure on 1300 720 082.
- B You must return the Mobile Phone (but not its SIM card, memory card, charger or original handset box) to any Allphones store. The store will send it for repair under the manufacturer’s/supplier’s warranty.
- C If the manufacturer/supplier does not fully repair, replace with the same (or if not available, an equivalent) model or make a cash payment equivalent to the cost of replacing the Mobile Phone, please forward the Mobile Phone and all damage notes (notes from the manufacturer/repair agent) to Risk Insure via registered post or courier.
- D Risk Insure will contact You to advise You whether it has approved Your claim and if so, to arrange for collection of Your Excess.
- E If the Mobile Phone is considered by Risk Insure to be beyond economical
- repair then Risk Insure may, at its option replace the Mobile Phone with
- another of similar function, type, model, capacity and quality, or pay a
- cash equivalent value.
- F The Mobile Phone’s memory may be lost during the repair process as the
- settings must be set back to the original settings. It is Your responsibility
- to save any personal information prior to sending in Your damaged
- mobile phone.
- G If You do not contact Risk Insure within 3 months of Your Mobile Phone arriving for assessment, the Mobile Phone will be recycled at Risk Insure’s discretion as per the Uncollected Goods Act 1995 (NSW). No reimbursements or settlement will be entered into if You contact Risk Insure after the 3 month period for return of the damaged Mobile Phone.
5. Conditions
You must comply with the following conditions:
Reasonable care and precautions
You must take all reasonable care and precautions to prevent any damage to the Mobile Phone which could result in a claim.
Safe Keeping
TThis document and the invoice issued by the Participating Allphones Store for the purchase of the Mobile Phone are important documents, the invoice provides proof of the Service Provider Agreement. You may need to refer to them from time to time so please keep them in a safe place.
Your Duty
You must comply with the terms and conditions of this document, if You fail to do so and this prejudices the Insurer’s interests, subject to the Insurance Contracts Act 1984 (Cth), it may refuse to pay part or all of a claim.
Assistance and co-operation
You must provide the Insurer with all reasonable assistance and co-operation that it requests.
Subrogation
In the event of any payment under the Policy, the Insurer shall be subrogated to all of Your rights to recover against any person or entity other than another person provided with cover and You must execute and deliver any instruments and papers and do whatever else is necessary to enable the Insurer to secure such rights. You shall not take action after any damage to the Mobile Phone which will prejudice the Insurer’s rights to subrogation.
Legal Jurisdiction
This insurance is subject to the laws of the State of New South Wales.
Privacy Statement
The Insurer and Allphones (referred to as “we”, “us” and “our” in this clause) are committed to ensuring the privacy of Your personal information. We collect Your personal and other information in accordance with all relevant legislation and for the functions and activities of our businesses (e.g. to sell and administer the Policy and sell and administer our other products and services). We only disclose information to other persons and then only to the extent necessary, if:
- • they are assisting us with or are involved in our business (for example, claims assessors, investigators, lawyers, risk assessors, reinsurers, agents, telephone networks, sales associates, market research organisations or business alliance partners);
- • a lawful exception applies (for example, if we believe disclosure is reasonably necessary to lessen or prevent a serious and imminent threat to a person’s life, health or safety); or
- • You consent to us doing so.
From time to time we may use information provided by You to market our other products and services to You. We will do this until You advise us directly that You wish to opt out. To do this, You can tell us when we call or simply contact us and opt out.
You have the right to seek access to Your personal information and to require us to correct it if the information we hold is inaccurate, incomplete or not up-to-date. For further information about how we collect, use, disclose and keep Your personal information secure and how we make it available for access by You, contact us.
Questions, concerns or complaints?
Contact Risk Insure on 1300 720 082
PO Box 7087,
Hutt Street
Adelaide SA 5000
T: 1300 720 082
Confirming access to cover
To confirm access to the cover contact Risk Insure in writing or by phone via the contact details above.
How The Allphones Arrangement Works
Allphones has entered into the Policy with the Insurer (as contracting insured) under which persons who are eligible to access the cover automatically have a right to make a claim directly with the Insurer in accordance with the Cover Section above.
The right to access cover is provided pursuant to the operation of section 48 of the Insurance Contracts Act 1984 (Cth).
An eligible person is not a contracting insured under the Policy and does not enter into any agreement with the Insurer, Risk Insure, Allphones or Participating Allphones Stores. Allphones is not the Insurer or the agent of the Insurer, but is the contracting insured under the Policy.
Allphones and Participating Allphones Stores do not hold an Australian Financial Services Licence and are not authorised to provide any recommendations or opinions about this insurance or to otherwise provide any financial product advice. You should consider obtaining financial product advice about this insurance from a person who is able to give such advice under an Australian Financial Services Licence.
An eligible person gets access to cover under the Policy for the Period of Insurance. Access to cover ends when the period of Insurance ends but nothing affects any right a person has to claim in relation to a covered event which occurred prior to the time access ended.
The Policy is in force from 12 am 1 August 2009 until 12am 1 September 2009. The Policy is cancellable by the Insurer in accordance with its rights under the Insurance Contracts Act 1984 (Cth). The Policy is automatically renewable for further periods of one calendar month unless the Insurer otherwise notifies Allphones in writing that it does not propose to renew the policy at least 14 days prior to the end of the period in which the Policy is in force. Access to cover will not end by reason of the Policy being cancelled or not renewed.
If Allphones reasonably believes that the cover will not apply for the period represented, it is obliged to notify eligible persons promptly unless they will continue to be covered under a policy that provides substantially similar cover for the period (or the remainder of the period) for which it was represented that they would be covered. If Allphones fails to comply with this obligation and an eligible person suffers loss or damage as a result, Allphones is obliged to compensate them for this loss or damage.
The Insurer is not obliged to notify an eligible person of any such matters. Its notice obligations solely apply to Allphones.
