Cellphone Cover T & Cs

For policies entered into on or after 10 July 2014:

Vodacom Cellphone Cover

These are Your terms and conditions for Your Vodacom Cellphone Cover.  It is important that You read and keep this document in a safe place.  The name of Your insurance company is Vodacom Insurance Company (RF) Limited, a registered insurance company.  Cellsure (Pty) Ltd has been appointed to administer this Policy.

Definitions

1. “Accessory” refers to associated equipment used in connection with Your Cellphone including, but not limited to, battery chargers and memory cards and car kits.  “Accessories” has the corresponding meaning.

2. “Accident” means known and identifiable but unintended sudden and unforeseen event.  “Accidental” has the corresponding meaning.

3. “Accidental Damage” means physical damage or destruction of the Cellphone caused by an Accident.

4. “Cellular phone” or “Cellphone” means the standard handset or smartphone, which:

o is used by You, together with Your Vodacom SIM Card at the time the event giving rise to any claim occurred; and

o is listed on the attached Policy schedule.

5. “Customer”, “You”, “Your” is the person in whose name the Policy is issued.

6. “Contract Customer” means a Vodacom customer who has entered into a Subscriber Agreement with Vodacom.

7. “Cooling-off period” means the period of 30 (thirty) days from inception of this Policy during which you are entitled to cancel this insurance Policy, by sending Us written cancellation notice or by phoning Us at 082 1952.  

8. “Damage” means Accidental Damage and/or malicious damage or destruction.

9. “Loss” means the sudden and unforeseen physical loss of the Cellphone together with the SIM Card. “Lost” has the corresponding meaning.

10. “Maximum Limit of Indemnity” means the maximum amount that We will pay out which will be determined by Your Premium Band and will not be greater than the Sum Insured as defined, at the time of Loss, Theft or Damage.

11. “Policy” means this agreement between You and Vodacom together with the schedule hereto.

12. “Premium Band” is determined by the retail price of the Cellphone inclusive of VAT at the time of inception of this contract and defines the premium payable under this insurance contract.  All iPhones must be insured under Band “iPhones”.

13. “Pre-paid Customers” refers to Vodacom customers who pay-as-they-go for mobile airtime, and who have not entered into a Subscriber Agreement with Vodacom.

14. “Refurbished Cellphone” means a Cellphone that has been returned to the manufacturer and then inspected, tested and restored to full working condition.

15. “SIM Card” for Contract Customers means the SIM Card encoded with the cellular telephone number listed on the attached Policy schedule and issued in terms of the Vodacom Subscriber Agreement.  For Pre-paid Customers this means the Pre-paid SIM Card encoded with the cellular telephone number listed on the attached Policy schedule and issued in terms of a Vodacom Pre-Paid starter pack.  

16. “Subscriber Agreement” means the contract entered into between You and Vodacom pursuant to which Your SIM Card is activated by Vodacom and Your Cellphone is enabled on the Vodacom cellular telecommunications service and any related services on the Vodacom network.

17. “Sum Insured” means the retail price of the Cellphone inclusive of VAT at the time of Loss, Theft or Damage.

18. “Theft” or “Stolen” means the unlawful act of taking possession of the Cellphone with the intention of permanently depriving the Customer of that Cellphone.

19. “Unauthorised Usage” means charges for SMS, calls or data incurred by You as a direct result of Loss or Theft of Your Cellphone.

20. “User” refers to the person nominated by You to use the Cellphone listed on the attached Policy schedule. 

21. “Vodacom” means Vodacom (Pty) Ltd

22. “We”, “Us” refers to the insurer, Vodacom Insurance Company (RF) Limited or the administrator, Cellsure (Pty) Ltd, as applicable.

Vodacom Cellphone Cover is a monthly renewable insurance Policy that provides cover against Damage, Theft or Loss of the insured Cellphone used together with the Vodacom SIM Card listed on the attached schedule.

IT IS VERY IMPORTANT TO NOTE THAT: 

YOUR CLAIM WILL NOT BE PAID IF THE VODACOM SIM CARD LISTED ON THE ATTACHED SCHEDULE IS NOT IN USE WITH THE INSURED CELLPHONE AT THE TIME OF DAMAGE, THEFT OR LOSS.

What are you covered for?

• Damage to Your Cellphone:

    a. If Your Cellphone can be repaired we will pay the costs reasonably incurred to restore it to the condition it was in immediately before the Damage occurred. 

    b. If Your Cellphone is beyond economic repair (as determined by an authorised Vodacom repair centre), We will replace Your Cellphone with a new Cellphone of the same or similar type or a Refurbished Cellphone  of the same type, subject to the Maximum Limit of Indemnity.

• Theft and Loss of Your Cellphone:

    a. We will replace Your Cellphone with a new Cellphone of the same or similar type or a Refurbished Cellphone1 of the same type, subject to the Maximum Limit of Indemnity.

• The maximum amount that We will pay out will be determined by Your Premium Band and will not be greater than the Sum Insured at the time of Loss, Theft or Damage.

• We will not replace Your Cellphone with a more expensive model if Your model is still available.

What do You pay when You claim?

      • You must pay an excess on each successful claim.  The excess is the first amount payable by You on every successful claim.  

      • If the replacement cost of the Cellphone is greater than the Maximum Limit of Indemnity, You will have to pay the difference.

Excess payable by You

      • Your basic excess depends on whether Your Cellphone is repaired, replaced with a Refurbished Cellphone1 or replaced with a new Cellphone as follows:

Band

Cover

Excess payable by You

Repair/Replace with a Refurbished Cellphone1

Replace with a new Cellphone

1

R0 – R1 000

R150

10% of Replacement Cost OR R300 (whichever one is higher)

2

R1 001 – R2 500

R200

3

R2 501 – R5 000

R250

4

R5 001 – R7 000

R400

15% of Replacement Cost

5

R7 001 – R9 500

R600



20% of Replacement Cost


6

R9 501 – R12 000

R750

7

R12 001 – R15 000

R900

8

R15 001 – R20 000

R900

     • Your basic excess will be doubled if You claim within the first 60 (sixty) days of date of inception of this insurance contract.  However, for Contract customers, the double excess will not be applicable if the insurance inception date coincides with Your Subscriber Agreement.  For Pre-paid customers the double excess will not be applicable if the insurance inception date coincides with the date of purchase of the Cellphone.

     • Your excess will be doubled if Your claim occurs within 12 (twelve) months of a previous successful claim on this Policy.

What must you remember?

This Policy only covers the insured Cellphone, used together with the Vodacom SIM Card listed on the attached schedule.  It is Your responsibility to let Us know in writing or by phoning Us on 082 1952, if You are changing or upgrading Your Cellphone insured under this Policy.  In such instances this may lead to a new Policy, a change in premium and benefits and Policy terms and conditions.

What is not covered?

1. Theft, Loss or Damage while Your insured Cellphone is being used with any other SIM Card which was not listed on Your Policy schedule 

2. Any claim where there was no usage on the Vodacom SIM Card listed on the attached schedule that is used together with the insured Cellphone, for a period of 7 (seven) days prior to date of Loss, Theft or Damage.

3. Loss or damage resulting from political or non-political riot, strike or civil commotion, public disorder, war, terrorism or public violence or which is insurable by SASRIA (South Africa Special Risks Insurance Association).

4. Any costs of replacing, reinstating or making good wear and tear, gradual deterioration, scratching or outer casings, aerials or keypads.

5. Loss of or Damage during the hire or loan of the insured Cellphone to a third party, unless such third party is listed as the User on the attached Policy schedule.

6. Loss, Damage or failure of batteries, other than when they are Stolen or lost together with the insured Cellphone listed on application form.

7. Any consequential loss or Damage.

8. Any claim arising from abuse, misuse or neglect of the insured Cellphone.

9. Loss Damage or failure for which the manufacturer or supplier is liable, or which is covered by a current maintenance contract or warranty.

10. Loss of, Damage to or corruption of data as a result of electronically conveyed viruses or defects in design or manufacture.

11. Any claim in respect of any additional equipment or Accessories including but not restricted to carrying cases, battery chargers, hands - free kit, external antennae or car kits.

12. Theft or Loss of the insured Cellphone that was not reported to the police within 48 (forty-eight) hours after it was Stolen.

General conditions

1. Other insurance: 

If You claim from any other insurance Policy for Loss, Theft or Damage of the Cellphone, We shall only be liable for a pro rata portion of the claim excluding the excess which is payable by you.

2. Cancellation of cover

     • If You decide to cancel Your Policy within the 30 (thirty) day Cooling-off period, We will refund any premiums You have made. This will not apply if the insurer has already been notified of a claim.

     • If You cancel Your Policy at any time after the Cooling-off period, premiums paid will not be refunded to You as You would have had the benefit of cover.

     • All cancellation requests must be made in writing or by phoning Us on 082 1952.

     • Cover is automatically suspended if the SIM Card is barred or disconnected by Vodacom.

     • We have the right to cancel Your Policy subject to 30 (thirty) days’ notice, either in writing or telephonically.

3. Claims

     • If the insured Cellphone is Lost, Stolen or Damaged You must report the claim to Us as soon as possible after discovery of the Loss, and within 30 (thirty) days of the claim event occurring.

     • In the event that Your Cellphone is Stolen or Lost You MUST:

       o Report this to the South African Police Services and obtain a case number; 

       o Blacklist the Cellphone and block the listed SIM.  You must obtain an ITC reference number.

     • A claim form must be completed and sent to Us within 30 (thirty) days of the claim occurring, containing all the necessary information as indicated above.

     • You must give all reasonable assistance in the recovery of the Lost or Stolen Cellphone and identification thereof.

     • If We paid Your claim in respect of a Lost or Stolen Cellphone, and Your Cellphone is recovered, the recovered Cellphone becomes Our property.  If You are given a replacement Cellphone in respect of a Cellphone which is beyond economical repair, the damaged Cellphone becomes Our property.  

     • We must be in possession of the damaged Cellphone in the case of Damage claims.

     • In the event of Your claim being the subject of a dispute or is rejected by Us You may make representation to Us. If You are dissatisfied with the outcome of Your claim, You are entitled to approach the Short Term Insurance Ombudsman. 

     • You have 90 (ninety) days from the date of receipt of the notice of rejection or dispute from Us to lodge such representation.  In the event of a dispute being unresolved You must take legal action by way of summons against Us within 180 (one-hundred-and-eighty) days after expiry of the initial 90 (ninety) day period, failing which You will forfeit Your claim and no liability can arise in terms of such a claim.

     • Should You fail to collect a Cellphone which has been repaired or replaced within 60 (sixty) days from date of Loss, You will forfeit the claim and the Cellphone will be sold or returned to stock to defray expenses.

     • If Your premiums in respect of this Policy are in arrears all outstanding premiums must be paid in order for Us to assess a claim.

     • NOTE: If We replace Your Cellphone, We may either issue a new phone of the same or similar type or We may issue a Refurbished Cellphone of the same type.

4. How to blacklist your phone and block your SIM Card

     • You can blacklist Your Cellphone and block Your SIM Card by either contacting:

     o Vodacom Customer Care on 082 111 or

     o Your nearest Vodacom Dealer

     • Please note that failure to comply with these requirements will lead to a rejection of Your claim.

5. No rights to other persons

You may not transfer any rights under this Policy to any third party.

6. Changes to Your Policy

We have the right to amend Your premium and terms and conditions at any time subject to 30 (thirty) days written notice.

7. Premiums

     • Your Policy remains valid for as long as Your premiums are paid.

     • In the event that Your premiums are not paid You MUST pay within 30 (thirty) days from the date the premium was due to maintain Your Policy.

     • If no premium is received within that time Your Policy will be cancelled retrospectively. 

     • All premiums must be paid in full before any claim is investigated. 

     • We have the right to change Your premium at any time subject to 30 (thirty) days written notice to You.

8. Duty to safeguard Your Cellphone 

You shall at all times take reasonable steps to safeguard the insured Cellphone from Loss, Damage or Theft.

9. Misrepresentation, non-disclosure or false declaration

     • Any material misrepresentation, non-disclosure or false declaration shall render the Policy as a whole, voidable from date of inception at the instance of the insurer.  In such an event:

       o You will be liable to reimburse any amounts paid to You under this Policy to the insurer; and

       o The insurer will not be obliged to pay any claim lodged under this Policy.

     • If there are false declarations made at the time of claiming which results in fraud, all benefits under this Policy shall be forfeited and Your Policy will be cancelled with immediate effect.

Report all claims to:

Scheme Administrator

Cellsure (Pty) Ltd

Tel: 082 1952

Fax: (011) 844 2913 or (011) 844 2917

A.D Culbert

Vodacom Insurance Company (RF) Ltd

For policies entered into prior to 10 July 2014:

This product covers theft or sudden and unforeseen physical loss of or damage to the insured handset used together with the SIM card listed on the attached schedule during the period of insurance from any cause or event not excluded. 
It is very important to note that:

YOUR INSURANCE COVER IS ONLY VALID IF THE LISTED SIM IS USED IN THE INSURED HANDSET AT THE TIME OF LOSS, DAMAGE OR THEFT.


Limits of indemnity

The maximum amount payable in the event of a claim for the insured handset shall be determined in accordance with the prescribed premium bands at the time of inception of the contract.  Your device will be replaced to the value of the insured handset. In instances where it is not possible to replace the handset you will be indemnified with a similar handset to the maximum value of the sum insured in accordance with your premium band.


Excess payable

a. Total loss, theft or damage beyond economic repair (as determined by an authorised Vodacom repair centre)

i.    You will pay 10% of the replacement value of the handset or R300 for each and every loss resulting in replacement of the handset, whichever is higher.

ii.   In the event of a further loss within 12 months of a previous claim also necessitating replacement of the handset, you will pay 15% of the replacement value or R750, whichever is higher.

iii. In the event of three or more losses within 12 months of previous claims, necessitating replacement of the handset, you will pay 20% of the replacement value or R1000, whichever is higher.

iv. In the event of a claim arising from liquid damage and/or loss in liquid, an additional amount of R500 is payable by you.

v.   An additional excess of R300 will be paid by you in respect of any damage, loss or theft suffered by you within 30 days of date of inception of this insurance contract. This excess will not be applicable if the insurance inception date coincides with your Vodacom handset contract.

b. Repairable damage or breakdown

i.    You will pay R150 in the event of damage resulting in repair to the handset.

ii.   In the event of a further loss within 12 months of a claim also necessitating repairs to the handset you will pay R300.


Specific conditions

  1. Change of handset and increase in value
    It is important to note that this policy covers the insured handset on your insurance application form ONLY.  It is your duty to notify us in writing in the event that you change the handset that is in use with the listed SIM. This may lead to a changed premium in line with the value of your new handset. 

  2. Basis of indemnity
    Our liability is limited to the cost of repairs or replacement of the insured handset and at the discretion of the insurer, as follows;
    a. Partial damage

    i. Where the handset can be repaired, we will pay the costs reasonably incurred to restore it to the condition it was in immediately before the damage occurred. Should such costs exceed 50% of the value of the handset it will be replaced.

    b. Total loss
    to the maximum sum insured and payment of the excess by you, we will replace the handset at the discretion of the insurer as follows:
    i.   We will replace the handset with a handset of the same or similar type.
    ii. Should you wish to replace the insured handset with a more expensive handset, the difference in price and excess will be for your account.

 

VERY IMPORTANT: What is not covered?

We will not indemnify you against:

  1.  Loss or damage resulting from political or non political riot, strike or civil commotion, public disorder, war, terrorism or public violence or which is insurable by SASRIA (South Africa Special Risks Insurance Association).
  2. Any costs of replacing, reinstating or making good wear and tear, gradual deterioration, scratching or outer casings, aerials or keypads.
  3. Loss of or damage during the hire or loan of the handset and/or SIM card to a third party, unless such third party is listed as a user on the handset contract.
  4. Loss of or damage to the handset and/or SIM card resulting from the theft or any attempt threat from any unoccupied vehicle, unless such vehicle is locked and the handset is concealed out of sight and forcible entry into the vehicle is made, necessitating repairs to such vehicle, and the original repairers account for such damage is supplied with the claim.
  5. Loss, damage or failure of batteries, other than when they are stolen or lost together with the insured handset listed on application form.
  6. Any consequential loss or damage arising from not being able to use the insured handset and/or SIM card.
  7. Any claim arising from abuse, misuse or neglect of the insured handset and/or SIM card.
  8. Loss damage or failure for which the manufacturer or supplier is liable, or which is covered by a current maintenance contract.
  9. Loss of, damage to or corruption of data as a result of electronically conveyed viruses or defects in design or defects in design or manufacture.
  10. Any claim in respect of any additional equipment or accessories including but not restricted to carrying cases, battery chargers, hands - free kit, external antennae or car kits.
  11. Theft, loss or damage while your insured handset is being used with any other SIM card which was not listed on your application form.


General conditions

  1. Other insurance: If you claim from any other insurance policy for loss, theft or damage of the handset, we shall only be liable for a pro rata portion of the claim excluding the excess payable.

  2. Cancellation of cover
    a) If you decide to cancel your policy within the 30 (thirty) day ‘cooling-off’ period, we will refund any premiums you have made. This will not apply if the insurer has already been notified of a claim.
    b) If you cancel your policy at any time after the ‘cooling-off’ period, premiums paid will not be refunded to you as you would have had the benefit of cover.
    c) All cancellation requests must be made in writing.
    d) Cover is automatically suspended if the SIM card is barred or disconnected by Vodacom.
    e) Multiple claims: In the event that 3 or more claims are lodged against this policy in any 12 month period, we may at our discretion give 30 days’ notice of cancellation due to adverse claims experience. The same discretion would apply in instances where there is any fraud or misrepresentation

  3. Claims
    a) If the handset is lost, stolen or damaged you must report the claim to Cellsure (Pty) ltd as soon as possible after discovery of the loss, and within 30 days of the claim occurring.
    b) In the event that your handset is stolen or lost you MUST:
    i. Report this to the South African Police Services and obtain a case number;
    ii. Blacklist the handset and block the list SIM.
    c) A claim form must be completed and sent to Cellsure (Pty) ltd within 30 days of the claim occurring, containing all the necessary information as indicated above.
    d) You must give all reasonable assistance in the recovery of the lost or stolen handset and identification thereof.
    e) If the insurer has paid your claim in respect of a lost or stolen handset, and your handset is recovered, the recovered handset becomes property of the insurer.  If you are given a replacement handset in respect of a handset which is beyond economical repair, the damaged handset becomes property of the insurer. 
    f) Vodacom or Cellsure must be in possession of the damaged handset to determine whether or not the handset is beyond economical repair.
    g) In the event of your claim being the subject of a dispute or is rejected by us you may make representation to us. If you are unsatisfied with the outcome of your claim, you are entitled to approach the Short Term Insurance Ombudsman.
    h) You have 90 days from the date of receipt of the notice of rejection or dispute from us to lodge such representation.  In the event of a dispute being unresolved you must take legal action by way of summons against us within 180 days after expiry of the initial 90 day period, failing which you will forfeit your claim and no liability can arise in terms of such a claim.
    i) Should you fail to collect a handset which has been repaired or replaced within 60 (sixty) days from date of loss, you will forfeit the claim and the handset will be sold or returned to stock to defray expenses.
    j) If you are in arrears with your account all outstanding premiums must be paid in order for us to assess a claim.

  4. How to blacklist your handset and block your SIM card
    a) You can blacklist handset and block your SIM card by either contacting:
    i. Vodacom Customer Care on 082 111 or
    ii.  Your nearest Vodacom Dealer
    b) Please note that failure to comply with these requirements will lead to a rejection of your claim

  5. Fraud
    If any claim is in any respect fraudulent, all benefits under this policy shall be forfeited.

  6. No rights to other persons
    You may not transfer any rights under this policy to any third party.

  7. Premium payment
    a) Your policy remains valid for as long as your premiums are paid.
    b) In the event that your premiums are not paid you MUST pay within 30days from the date the premium was due to maintain your policy.
    c) If no premium is received within that time your policy will be cancelled retrospectively.
    d) All premiums must be paid in full before any claim is investigated.

  8. Duty to safeguard handset
    You shall at all times take reasonable steps to safeguard the insured handset from loss, damage or theft.

  9. Misrepresentation, non disclosure or false declaration
    Any material misrepresentation, non-disclosure or false declaration shall render the policy as a whole, voidable from date of inception at the instance of the insurer.  In such an event:
    a. You will be liable to reimburse any amounts paid to you under this policy to the insurer; and
    b. The insurer will not be obliged to pay any claim lodged under this policy.