Vodafone Cover me Mobile Insurance Policy Terms and Conditions

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This section sets out the terms and conditions of Your insurance so it is important You keep it in a safe place together with the Network Services Agreement provided to You by the Vodafone Store and evidence as to the purchase of Your Equipment.

Definitions

1. ‘Accident’ means a known and identifiable but unintended sudden and unforeseen event.
2. ‘Accidental Damage’ means physical damage or destruction caused by an Accident.
3. ‘Damage’ means Accidental Damage and/or malicious damage or destruction.
4. ‘Equipment’ means the handset (Standard Handset or Smartphone) IMEI (serial number), mobile number in use on and registered on the Vodafone Network in Your name, and/or associated accessories supplied with the relevant handset at the time of purchase.
5. ‘Standard Handset’ means any handset which is not a Smartphone.
6. ‘Smartphone’ is defined by an up-to-date list of current models, which can be found on the Vodafone website – www.vodafone.com.au.
7. ‘Unsecured’ means a situation where You do not have possession or control over the Equipment and where, as a result, the Equipment is exposed to and not reasonably protected from loss, theft or Damage.
8. ‘We’, ‘Us’, ‘Our’, ‘Ours’ means ACE Insurance Limited (ABN 23 001 642 020, AFSL No. 239687).
9. ‘You’, ‘Your’, ‘Insured’ means the customer of Vodafone registered on the Vodafone Network and any person authorised by that customer to use the Equipment.

Effective Date and Renewal

This insurance is effective from the time of purchase of this policy, and continues until midnight on the last day of that calendar month. We may vary the premium at any time by giving You fourteen (14) days written notice.

This insurance may be renewed for further consecutive monthly periods upon payment of the premium, unless We notify You otherwise. Each Vodafone Cover me Mobile Insurance account, which includes a monthly insurance charge, is deemed to be an offer of renewal for a further monthly period and Your payment of each such account accordingly confirms Your acceptance of the renewal offer.

Insuring Clauses

We agree to provide handset insurance protection under this policy subject to the Terms, Conditions and Exclusions set out below and subject to payment of the required premium.

Clause 1: Loss, Theft or Damage

We will indemnify You against the cost of repairing or replacing the Equipment which has sustained loss, theft or Damage not otherwise excluded under this policy, and which occurred during the period of insurance where the premium has been paid.

Clause 2: Unauthorised Calls

We will indemnify You against the cost of unauthorised calls incurred as a result of loss or theft covered under Insuring Clause 1 of this policy, but only up to the limit specified in General Conditions 1(b) and provided that the loss has been reported by You to Vodafone within twenty four (24) hours of You becoming aware of such loss or theft.

Clause 3: Overseas Temporary Rental

We will indemnify You against the cost of temporary rental charges of equipment in Europe only, incurred as a result of loss, theft or Damage covered under Insuring Clause 1 of this policy, provided that You have notified Vodafone prior to each European trip and obtained the necessary password.

Exclusions

We will not be liable under this policy for any of the following in respect of Your Equipment:

1. The amount referred to in this policy as the excess payable by You being:
   
   A. Where the insured incident occurs before 1 April 2010. (i) $175 per claim; or,
   (ii) $250 of any claim made within the first 93 days of insuring the Equipment; or
   (iii) In the event more than one (1) valid claim for loss, theft or Damage has been made within any 12 month period, the first AUD$275 of such subsequent valid claims.
   
   B. Where the insured incident occurs after 1 April 2010 and: Where Your Equipment is a Standard Handset:
   (i) The first AUD $50 of any claim for Damage, where the Equipment is repaired or replaced with a refurbished handset; or
   (ii) The first AUD$175 of any claim for loss, theft or Damage, where the Equipment is replaced with a new handset; or
   (iii) The first $250 of any claim for loss, theft or Damage within the first 93 days of insuring Your current Equipment, where the Equipment is replaced with a new handset; or
   (iv) In the event more than one (1) valid claim for loss, theft or Damage has been made within any 12 month period, the first AUD$275 of such subsequent valid claims, where the Equipment is replaced with a new handset.
   Where Your Equipment is a Smartphone:
   (i) The first AUD $150, of any claim for Damage, where the Equipment is repaired or replaced with a refurbished handset; or
   (ii) The first AUD$225 of any claim for loss, theft or Damage, where the Equipment is replaced with a new handset; or
   (iii) The first $300 of any claim for loss, theft or Damage within the first 93 days of insuring Your current Equipment, where the Equipment is replaced with a new handset; or
   (iv) In the event more than one (1) valid claim for loss, theft or Damage has been made within any 12 month period, the first AUD$325 of such subsequent valid claims, where the Equipment is replaced with a new handset.
   
   
2. Any loss, theft or damage caused by or arising from:
   
   (i) any intentional act or omission by You or anyone acting on Your behalf;
   (ii) leaving Your Equipment Unsecured in any property, place or premises;
   (iii) leaving Your Equipment Unsecured in any aircraft or water borne vessel;
   (iv) leaving Your Equipment Unsecured, whether out of Your sight or not, in any public place or a place to which persons not authorised to use the Equipment have regular access (including and not limited to Your workplace);
   (v) leaving Your Equipment visible in any motor vehicle;
   (vi) leaving Your Equipment in any unlocked or unsecured motor vehicle;
   (vii) any process of cleaning, servicing, maintenance, adjustment, installation or repair;
   (viii) any loss where the Equipment has been left behind in an unknown location or You have forgotten its whereabouts;
   (ix) a wilful act or negligence, abuse or misuse by You, Your employees or any person using the Equipment with Your permission;
   (x) war, invasion, acts of foreign enemy, hostilities or warlike operations (whether war is declared or not) civil war, rebellion, revolution, insurrection, military or seized power;
   (xi) the use, existence or escape of nuclear or radioactive material, or any activity associated with them;
   (xii) wear and tear, gradual deterioration or developing flaws, rust, oxidation, corrosion, dampness of atmosphere or other variations in temperature, inherent vice and latent defect;
   (xiii) the failure to follow the manufacturer’s instructions;
   (xiv) the use of accessories or software not approved by the manufacturer;
   (xv) incorrect connections of signal leads or application of incorrect electrical supply, power surge or fluctuation; or
   (xvi) lawful seizure, including repossession or other operation of law;
   (xvii) a virus. For the purpose of this Exclusion, a virus includes Trojan horses, worms, logic bombs or any other program or software which prevents any Equipment operating system software or content download working properly in any way;
   (xviii) the Equipment being located in the possession of a child in a primary or secondary school.
   (xix) fire
   
   
3. Any loss, theft or Damage or malfunction where no actual known or identifiable event can be attributed to causing the loss, theft or Damage.
   
   
4. The cost of:
   
   (i) repairs, refurbishment or replacement caused by scratching, marking, chipping or cosmetic Damage of any kind to appearance of the Equipment;
   (ii) any costs or charges for which the manufacturer, supplier or distributor are liable in accordance with their standard warranty obligations;
   (iii) repair, refurbishment or replacement resulting from anything other than Damage covered by this insurance;
   (iv) any call charges incurred on temporary rental equipment;
   (v) any data, software or games stored on the Handset, SIM card, memory card, any other storage device or media used with the handset.
   
   
5. Loss of use or consequential loss of any nature whatsoever.

General Conditions

1. Basis of Settlement
   
   We will, at Our option, indemnify You:
   
   (a) under Insuring Clause 1:
   (i) Where Your phone is damaged;
   
   • by firstly attempting to repair Your handset with new or refurbished parts if it is economically viable for Us to do so.
   • Where Your handset is not repaired We will, at Our option, either
     - replace Your handset with a refurbished handset of similar specification if available or
     - where a refurbished handset is not available, replace Your handset with a new handset of similar specification;
   (ii) Where Your phone is lost or stolen by replacing Your handset with a new handset of similar specification;
   provided always that Our liability under Insuring Clause 1 will not exceed the cost to Us of providing to You equipment, which in Our opinion is equipment of similar specification, subject to a GST inclusive limit per claim of AUD$1,700 for the handset and AUD$100 for the accessories. The excess payable by You is not included in these limits and different excesses apply based on whether We choose to repair or replace Your phone with a refurbished or new handset. Please refer to page 11 in the PDS for further details.
   (b) under Insuring Clause 2, by reimbursement to Your airtime account the lesser cost of unauthorised calls incurred by You as a direct result of Loss or Theft of the Equipment which has resulted in a valid Claim under this policy:
   (i) in the twenty four (24) hours immediately preceding the notification to Vodafone to bar Your airtime account number; or
   (ii) in the forty eight (48) hours immediately following the occurrence of such loss or theft, whichever is the lesser cost, subject to a limit of AUD$500 per event; and
   (c) under Insuring Clause 3, by reimbursement to Your airtime account the cost of any authorised temporary rental charges of equipment in Europe only as a direct result of Damage, loss or theft of the Equipment which has resulted in a valid claim under this policy subject to a limit of AUD$300 per event.
   
   
2. Reasonable Precautions
   
   You must take all reasonable precautions to protect the Equipment from loss, theft and Damage, and maintain the Equipment in a proper state of repair.
   
   
3. Fraud
   
   If any claim is fraudulent or false in any respect or there is any alteration in the risk, We may deny part of or all of the claim. If You or someone authorised by You acting for You provide any misleading information You may be prosecuted. No refund of premium will be allowed.
   
   
4. Territory
   
   This policy will only apply to You if You are a permanent resident in Australia and whilst You are temporarily travelling, up to a maximum of ninety (90) days in any rolling 12 month period, in any country where the Equipment operates in accordance with its specifications.
   
   
5. Repair or Replacement by Us
   
   It is a condition precedent to Our liability under this Insurance that when any event occurs which may give rise to a claim under this policy, the Equipment must be repaired or replaced by Us.
   
   
6. Change of Equipment
   
   You must notify Vodafone of any substitution of the insured Equipment. Vodafone must be immediately advised of any change to the Equipment used by You.
   
   
7. Change in Ownership of Equipment upon Settlement of Claim
   
   Where any claim under this policy results in You receiving a replacement phone, You agree that all rights, title and ownership of the claimed Equipment will pass to Us. You agree that You will have no further rights or interest in the Equipment in respect of which the claim was made.
   
   
8. Contribution from Other Insurers
   
   If, at the time You suffer loss, theft or Damage to Your Equipment which is the subject of a claim under this policy, there exists any other insurance pursuant to which You would be entitled to seek indemnity, You must notify Us immediately of its existence and provide to Us a copy of the relevant policy documents. No indemnity will be provided under this policy if You have already been indemnified for the loss, theft or Damage to Your Equipment from another source.
   
   
9. Policy Cancellation
   
   The insurance cover:
   
   (a) may be cancelled by You by giving Vodafone written notice;
   (b) may be cancelled by ACE in accordance with the Insurance Contracts Act 1984 (Cth);
   (c) will terminate:
   (i) On the date the Vodafone Network Services Agreement for the Equipment is cancelled; or
   (ii) On the date You sell or pass Your right, title or interest in the Equipment to some other person.

Your Privacy and the Privacy Promise

Vodafone, ACE and Marsh collect, handle, store and disclose Your information in accordance with the provisions of the Privacy Act 1988 (Cth). We are committed to promoting a privacy policy which ensures the privacy and security of Your personal information.

A copy of our privacy policies are available upon request.

You have the right to seek access to Your personal information held by any of us and to correct it at any time. We aim to ensure that Your personal information is accurate, up-to-date and complete.

Please call Vodafone Customer Care on 1300 650 410, ACE Customer Service on 1800 815 675 or the Vodafone Cover me Mobile Insurance Service Team at Marsh on 1800 808 743 if You would like to seek access to, or revise Your personal information, feel that the information we currently have on record is incorrect or incomplete or believe that the privacy of Your personal information has been interfered with.

Your personal information will be dealt with as follows:

• Vodafone will collect Your personal information for the purpose of arranging Your insurance policy and will hold those records on behalf of ACE.
• In the event of a claim, Marsh will obtain Your personal details from Vodafone or from You directly, for the purpose of assessing and processing Your claim.
• In the event of a dispute relating to Your claim, ACE will receive Your personal information from Marsh or Vodafone to enable ACE to manage the dispute.

Your personal information may also be provided to third parties engaged by Vodafone, Marsh or ACE to deliver services or carry out certain business activities on their behalf, including insurance reference bureaus (for the purpose of recording any claims You make upon Us), reinsurers and related entities. These third parties may be located outside Australia.

In addition, we will:

• Give You the opportunity to correct Your personal information, or obtain access to it (some restrictions and reasonable cost recovery may apply).
• Provide our dispute resolution procedures to You in respect of any complaint You may have regarding Your personal information.

Further information in relation to privacy issues can be obtained by contacting the Privacy Officer on the above contact numbers or at the addresses located in the “Information about ACE, Marsh, Vodafone and VHA” section of the FSG.

Complaints & resolving Your dispute

Where You have a complaint or dispute in relation to Vodafone Cover me Mobile Insurance, contact the Vodafone Cover me Mobile Insurance Service Team at Marsh on 1800 808 743 and provide them with the details of the issue concerning You. They will attempt to resolve the complaint or dispute. If they are unable to do so, they will record details of the complaint or dispute and, depending on the nature of the complaint or dispute, will refer it to ACE or will escalate the matter within Marsh for resolution.

ACE and Marsh each have an established complaints and disputes resolution process. These are free services and include systems designed to log, track, escalate and monitor complaints received from customers about their services and products.

Where the complaint or dispute is referred or escalated as above, an ACE or Marsh staff member (as appropriate) involved in the complaints and disputes resolution process will respond to Your complaint or dispute within fifteen (15) working days advising the outcome of the review and reasons for their decision. Where we are not able to resolve Your complaint or dispute in that timeframe, for example if further information is required, we will work with You to agree reasonable ongoing timeframes. We do not consider a complaint or dispute to be resolved until a proposed resolution or solution has been communicated to You and You have accepted the resolution or solution. If we are unable to resolve the dispute, You have the option of referring the matter to the Financial Ombudsman Service (“FOS”), an independent body. The FOS will only review disputes if they have gone through the ACE or Marsh internal complaints and disputes resolution process. FOS can be contacted on 1300 78 08 08.

ACE’s commitment to You is described in ACE’s Retail Customer Assurance Charter which outlines how ACE and its representatives will conduct business, settle Your claims and handle complaints.

How to contact us

If You would like to obtain further information, provide us with instructions, or if You have any queries about Vodafone Cover me Mobile Insurance, please contact the Vodafone Cover me Mobile Insurance Service Team at Marsh on 1800 808 743.

Please retain this document and the proof of purchase of Your insured Equipment in a safe place for Your future reference.

Financial Services Guide (FSG)

The purpose of this FSG is to help You make an informed decision about whether to use the financial services we can provide You as a retail customer. It contains information on:

• the services we can offer in relation to Vodafone Cover me Mobile Insurance;
• how we are remunerated;
• Your privacy; and
• how complaints are dealt with.

Other Disclosure Information

A Product Disclosure Statement (PDS) is included in this document which contains information on the relevant risks, benefits and significant characteristics of Vodafone Cover me Mobile Insurance. The PDS has been prepared to assist You in making an informed decision about whether to buy the product or not.

Any information provided in relation to this product is of a general nature only and is not based on a consideration of Your personal needs, objectives or financial situation so before deciding, please read the PDS and the other important information in this document.

Information about ACE, Marsh, Vodafone and VHA

ACE Insurance Limited (“ACE”) (ABN 23 001 642 020, AFS Licence No. 239687) of 28-34 O’Connell Street, SYDNEY NSW 2000 is an Australian Financial Services Licensee (“Licensee”) and is authorised to provide advice and deal in relation to all general insurance products. ACE is the insurer of Vodafone Cover me Mobile Insurance.

Marsh Pty Limited (“Marsh”) (ABN 86 004 651 512 AFS Licence No. 238983) of 201 Sussex Street, SYDNEY NSW 2000 is a Licensee and is authorised to provide advice and deal in relation to all general insurance products. Marsh acts under a binding authority from ACE, which permits Marsh to issue Vodafone Cover me Mobile Insurance on ACE’s behalf. This means that in issuing the insurance, Marsh acts on ACE’s behalf, not Yours.

Marsh has also been appointed by ACE as its agent to manage, administer and settle claims made under Vodafone Cover me Mobile Insurance on ACE’s behalf. This means Marsh makes decisions about claims on behalf of ACE.

Vodafone Pty Limited (“Vodafone”) (ABN 76 062 954 554 Authorised Representative No. 266992) of 799 Pacific Highway Chatswood NSW 2067 and Vodafone Hutchison Australia Pty Ltd (“VHA”) (ABN 76 096 304 620 Authorised Representative No. 344422) of 207 Pacific Hwy, St Leonards NSW 2065 are corporate authorised representatives of Marsh. Vodafone and VHA are authorised by Marsh to arrange for its customers to apply for, acquire, vary or dispose of the Vodafone Cover me Mobile Insurance on Marsh’s behalf. The effect of this arrangement is that in issuing the insurance Vodafone and VHA act as agent of Marsh and as sub-agents of ACE and not on Your behalf.

Stores selling Vodafone Cover me Mobile Insurance (“Vodafone stores”) are appointed as authorised representatives of Marsh to deal and provide general advice in relation to the product. Further details about these authorised representatives are available from the Vodafone store or by contacting Marsh on 1800 808 743.

Vodafone, VHA and Marsh are not the insurer and do not guarantee indemnity under the contract of insurance. They do not guarantee the insurance and are not responsible or liable for the contents of the PDS. This is the responsibility of ACE. ACE and Marsh are not related entities of Vodafone and VHA. The Vodafone brand is used by ACE, Marsh and the Vodafone stores under licence.

Marsh and the Vodafone Cover me Mobile Insurance Service Team can be contacted on 1800 808 743.

Vodafone, VHA and Vodafone Customer Care can be contacted on 1300 650 410.

ACE and ACE Customer Service can be contacted on 1800 815 675.

How services are provided to You

Marsh has authorised Vodafone and VHA to distribute this combined FSG and PDS and provide general advice on, and arrange and enter into Vodafone Cover me Mobile Insurance on its behalf. Vodafone and VHA do not act for any other Licensees. In providing the services set out in this FSG, Vodafone, VHA, Marsh and ACE do not act on Your behalf. ACE is acting on its own behalf when providing financial services to You. Before You apply for the insurance, Vodafone, VHA or a Vodafone store will provide You with this document and the Network Services Agreement.

By agreeing to or signing a Network Services Agreement (“NSA”) with Vodafone and/or opting to take out the insurance cover in the NSA, You agree to enter into an insurance contract with ACE for Your mobile phone on the terms set out in the PDS and the Policy Wording.

Vodafone stores have no authority to provide You with personal advice on whether You should buy Vodafone Cover me Mobile Insurance or not. If they do, please call Marsh on 1800 808 743 and ask to speak to the Compliance Manager, as this is not permitted.

If You have a claim under a Vodafone Cover me Mobile Insurance Policy, You should refer to the “How to make a Claim” section of this PDS. Marsh manages the claims process on ACE’s behalf.

How each party is paid for its services

You will be charged a monthly premium of $9.99 (inclusive of relevant taxes and charges) for Vodafone Cover me Mobile Insurance. This will be billed monthly to Your Vodafone account.

ACE's remuneration

ACE receives 5.15% of the net premium as the issuer (insurer) of Vodafone Cover me Mobile Insurance. ACE receives this when Marsh accounts to ACE for the premium paid at the end of the month that premium is paid.

Marsh's remuneration

Marsh receives A$0.61 per insurance subscriber per month in arrears from ACE for its role.

Vodafone's remuneration

Vodafone receives up to 10% of the net premium (this is the premium less stamp duty, GST and any other government charges, taxes, fees or levies) as commission for its services in acting on behalf of Marsh and ACE. Vodafone may also receive an annual payment of 60% of the profit that is earned for Vodafone Cover me Mobile Insurance from its related body corporate Multi Risk Indemnity Company Limited.

Multi Risk Indemnity Company Limited

Vodafone’s related body corporate, Multi Risk Indemnity Company Limited, provides insurance services to Vodafone and its related entities and receives a profit share commission in connection with Vodafone Cover me Mobile Insurance. This is based on the profit that is earned for Vodafone Cover me Mobile Insurance.

This payment is the remainder of any profit from the total amount of premiums received less the commissions and fees paid to ACE, Marsh, Vodafone and the Vodafone stores, any government taxes, charges, fees or levies, administration and all claims costs.

This profit share is paid at the end of each year, and split on the basis that Multi Risk Indemnity Company Limited retains 40% and, as referred to above, Vodafone receives 60%.

Remuneration for Vodafone stores

Vodafone stores may receive a payment of $10 if You buy Vodafone Cover me Mobile Insurance through them. This payment is for the administrative service of providing You with the documentation for this insurance product. It is not an additional charge to You. Vodafone stores may also receive a $15 service fee for assisting customers in processing an insurance claim and the return of their handset for assessment.

Vodafone representatives

Vodafone and VHA representatives receive an annual salary which may include a bonus based on performance. They may also from time to time be eligible to receive incentives or bonuses based on service, retention and increasing new business. They may also receive non-monetary benefits from Vodafone, VHA, ACE or Marsh. This may include entertainment at sporting events, hospitality including lunches and attendance at ACE or Marsh sponsored functions. It is not possible to determine in advance what, if any, non-monetary benefit a representative may receive.

These are not additional charges to You and we will answer any questions You may have about our remuneration to ensure You are clearly informed.

What to do if You have a complaint

Refer to the “Complaints & resolving Your dispute” section for further information on what to do if You have a complaint.

This FSG was prepared and distribution was authorised by Marsh on 8 February 2010.