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Terms & Conditions of Use
ELECTRONIC EQUIPMENT ALL RISKS INSURANCE
This insurance is arranged by Mfonex Insurance Plc and underwritten by
UK Underwriting on behalf of AXA Insurance UK Plc, Registered in England
No. 78950.
Registered Office: 5 Old Broad Street , London EC2N 1AD .
Mfonex Insurance Plc, UK Underwriting, and AXA Insurance UK Plc are
authorized and regulated by the FSA. This can be checked on the FSA's
register by visiting the FSA's website at http://www.fsa.gov.uk/registeror
by contacting them on 0845 606 1234.
INTRODUCTION
In return for the payment of your premium we will provide insurance
for your electronic equipment during the period of cover as stated in
the application form overleaf, subject to the terms, conditions, and
limitations shown below or as amended in writing by us.
For monthly insurance policies this is a monthly contract and is only in
force if the monthly premium has been paid.
For policies of a longer duration premium must be paid at inception and
the policy will remain in force for the period shown on your Letter of
Introduction and will remain in force until the period expires or is
cancelled in accordance with Conditions and Limitations 5, 6 or the
section headed Cancellation.
DEFINITIONS
The words and phrases defined below have the same meaning wherever
they appear in bold in this certificate.
Accidental loss means that the electronic equipment has been
accidentally left by you in a location and you are permanently deprived
of its use.
Commercial vehicle - any vehicle used wholly or partly for commercial or
business purposes or any other vehicle that is being used for commercial
or business purposes at the time of any loss or damage to the electronic
item.
Electronic equipment - the single item insured by this certificate,
purchased by you and provided by a supplier approved by us .
Immediate family - your mother, father, son, daughter, spouse, domestic
partner.
Period of cover - for monthly policies 1 (one) calendar month from the
inception date, renewing monthly on the same day each month (the last
day of the month will apply appropriately to each month) provided the
monthly premium is paid. For policies of longer duration the period is
specified in your Letter of Introduction.
Reasonable precautions - all measures that it would be reasonable to
expect a person to take in the circumstances to prevent accidental loss,
damage or theft of your electronic equipment .
Terrorism means any act, including but not limited to the use of force
or violence of the threat thereof, of any person or group of persons,
whether acting alone or on behalf of or in connection with any
organization or government, committed for political, religious,
ideological or similar purposes, including the intention to influence
any government to put the public or any section of the public in fear.
Unattended - not within your sight at all times and out of your
arms-length reach.
We, us, our - UK Underwriting Ltd, on behalf of AXA Insurance UK Plc.
You, your - the person, who owns the electronic equipment as stated on
the application form overleaf.
WHAT WE WILL COVER
A. Accidental Damage
We will pay repair costs if your electronic equipment is damaged as
the result of an accident.
B. Theft
If your electronic equipment is stolen we will replace it. Where
only part or parts of your electronic equipment have been stolen, we
will only replace that part or parts.
C. Accidental Loss
If you lose your mobile phone or PDA we will replace it. No other
electronic equipment is insured for loss.
D. Breakdown which occurs outside of the manufacturers guarantee
period. This cover is not available on computers.
WHAT WE WILL NOT COVER
Your electronic equipment is not covered for:
1. Theft:
from any commercial vehicle , convertible or soft topped vehicle;
from any motor vehicle where you or someone acting on your behalf is not
in the vehicle, unless the electronic equipment has been concealed in a
locked boot, locked glove compartment or other locked internal
compartment and all the vehicle's windows and doors closed and locked
and all security systems have been activated;
if left on any motor vehicle roof, bonnet or boot;
from any type of transport except as permitted above;
from any building, land or premises unless force, resulting in damage to
the building or premises, was used to gain entry or exit;
from your control or the control of any member of your immediate family
, except where it has been concealed either on or about the person and
not left unattended , or the use of physical force or violence against
the person has been used or threatened;
where the electronic equipment has been left unattended when it is away
from your home ;
where reasonable precautions have not been taken;
if the serial number has been tampered with in any way.
2. Loss or damage caused by:
you deliberately damaging or neglecting the electronic equipment ;
you not following the manufacturer's instructions;
routine servicing, inspection, maintenance or cleaning;
the use of accessories.
3. Repair or other costs for:
routine servicing, inspection, maintenance or cleaning;
loss caused by a manufacturer's defect or recall of the electronic
equipment ;
replacement of or adjustment to fittings, control knobs or buttons,
batteries or aerials;
repairs carried our by persons not authorized by us ;
wear and tear or gradual deterioration of performance.
4. Any kind of damage whatsoever unless the damaged electronic
equipment is provided for repair.
5. Any loss involving a SIM (subscriber identity module) card.
6. Any expense incurred as a result of not being able to use the
electronic equipment , or any loss other than the repair or replacement
costs of the electronic equipment .
7. The first £25 of each theft or accidental damage claim or the
first £50 of each accidental loss claim or the first £75 of each claim
which occurs outside the UK , Isle of Man and Channel Islands .
8. Loss of or damage to accessories of any kind.
9. Any loss or damage caused by the failure of any electrical or
computer equipment, software, micro-controller, microchip, accessories
or associated equipment to correctly recognize and process any calendar
date or time.
10. If the original SIM card was not in a mobile phone at the
time of the loss, damage or theft.
11. Reconnection costs or subscription fees of any kind.
12. The cost of replacing any personalized ring tones or
graphics, downloaded material or software.
13. The cost of any unauthorized calls following the theft,
accidental loss or damage of a mobile phone or PDA.
Please note: if you are insuring an item without SIM card capability,
all exclusions relating to SIM cards are not applicable.
14. War Risk
Terrorism , war, invasion, acts of foreign enemies, hostilities whether
war is declared or not, civil war, rebellion, revolution insurrection,
military or usurped power, confiscation, nationalism or requisition or
destruction or damage to property by or under the order of any
government or public or legal authority.
15. Nuclear Risk
Damage or destruction caused by, contributed to or arising from:
a. ionizing radiation or contamination by radioactivity from any
nuclear fuel or from any nuclear waste from the combustion of nuclear
fuel; or
b. the radioactive, toxic, explosive or other hazardous
properties of any explosive nuclear assembly or component thereof.
16. Sonic Boom
Damage or destruction directly occasioned by pressure waves caused by
aircraft or other aerial devices traveling at sonic or supersonic
speeds.
17. Loss of Data or Software
Any loss of or damage to information or data or software contained in or
stored on the electronic equipment whether arising as a result of a
claim paid by this insurance or otherwise.
18. Consequential Loss
Any consequential loss or damage arising from accidental damage, theft,
accidental loss , breakdown or from any cause whatsoever.
19. Liability of whatsoever nature arising from ownership or use
of the electronic equipment, including any illness or injury resulting
from it.
20. Value Added Tax (VAT) where you are registered with HM
Revenue and Customs for VAT.
REPLACEMENT
This policy offers replacement only and is not a replacement as new
policy. If the electronic equipment cannot be replaced with an identical
electronic equipment of the same age and condition, we will replace it
with one of comparable specification or the equivalent value taking into
account the age and condition of the original electronic equipment.
CONDITIONS AND LIMITATIONS
1. Unless we have agreed differently with you , English law and
the decisions of English courts will govern this insurance.
2. This insurance only covers electronic equipment bought and
used in the UK , the Isle of Man and the Channel Islands . Cover is
extended to include use of the electronic equipment anywhere in the
world up to a maximum of 60 days in total, in any single 12 month
period, subject to any repairs being carried out in the UK by repairers
approved by us.
3. The electronic item must be less than 6 months old (excluding
Laptops which must be less than 14 days old) with valid proof of
purchase (not from online auctions) when the policy is started.
4. You must provide us with any receipts, documents or proof of
purchase, that it is reasonable for us to request.
5. This insurance may only be altered, varied or its conditions
altered or premium changed by one of our authorized officials, giving
you 30 days notice in writing.
6. We may cancel the policy by giving you 30 days notice in
writing. In the event of any claim you are responsible for the payment
of any outstanding premium.
7. You cannot transfer the insurance to someone else or to any
other electronic equipment without our written permission.
8. You must take all reasonable precautions to prevent any loss
or damage.
9. Cover excludes costs or payments recoverable from any party,
under the terms of any other contract, guarantee, warranty, or
insurance.
10. In respect of monthly policies if the Direct Debit premium
payment is cancelled or unsuccessful at any given point, no benefits
shall be due whatsoever.
CANCELLATION
If you wish to cancel your insurance and pay monthly you can do so
in writing allowing one months notice.
For policies of longer duration you are only entitled to cancel within
14 days of receiving your policy documents.
CLAIMS PROCEDURE
1. You must:
notify Mfonex Insurance Plc on 0871 222 1130 as soon as possible but in
any event within 48 hours of any incident likely to give rise to a claim
under this insurance;
report the theft or accidental loss of any mobile phone or PDA , within
12 hours of discovery to your Airtime Provider and blacklist your
handset;
report the theft or accidental loss of any electronic equipment to the
Police within 24 hours of discovery and obtain a crime reference number
in support of a theft and a lost property number in support of an
accidental loss claim;
provide us with details of the claim and any other contract, guarantee,
warranty or insurance that may apply to the loss including but not
limited to household insurance. Where appropriate a ratable proportion
of the claim may be recovered direct from these Insurers.
2. If we replace your electronic equipment the damaged or lost
item becomes ours . If it is returned or found you must notify us and
send it to us if we ask you to.
UK Underwriting Ltd is an agent of AXA Insurance UK Plc and in the
matters of a claim act on behalf of AXA Insurance UK plc
To help us improve our service we may record or monitor telephone calls.
WARNING
We will process your claim under the terms and conditions of this
insurance based on the first reason notified to us for the claim. If
your claim is not covered and you then submit a claim having changed the
reason we consider this as fraud. Details of all such cases will be
passed to appropriate agencies for action.
COMPLAINTS
We are proud of our reputation for fairness in our treatment of our
customers. However, occasionally disputes or misunderstandings can
arise.
Any enquiry or complaint you have regarding your policy should be
addressed to The Customer Services Director, Mfonex Insurance Plc., 204
Cumberland House, 80 Scrubs Lane, London, NW10 6RF. You should provide
details of your policy and in particular, your policy reference number,
to help with the speedy handling of your inquiry.
In the event you remain dissatisfied and wish to make a complaint, you
can do so by contacting the following:
The Claims Manager
UK Underwriting Ltd
2 Gibraltar House
Bowcliffe Road
Leeds
LS10 1HB
If it is not possible to reach an agreement, you have the right to make
an appeal to the Financial Ombudsman Service. This also applies if you
are insured in a business capacity but have a group annual turnover of
less than £1million, or are a charity with an annual income of less than
£1 million, or are a trustee of a trust with a net asset value of less
than £1 million. You may contact the Financial Ombudsman Service at
Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
Docklands
London
E14 9SR
Tel: 0845 080 1800
This does not affect your statutory rights.
COMPENSATION SCEME
AXA Insurance UK Plc is covered by the Financial Services Compensation
Scheme (FSCS). You may be entitled to compensation from the scheme, if
they cannot meet their obligations. This depends on the type of business
and the circumstances of the claim. Most insurance contracts are covered
100% of the first £2.000 and 90% of the remainder of the claim. You can
get more information about compensation scheme arrangements from the
FSCS.
MOBILE PHONES ONLY - we will offer you a free battery subject to no
claims being made within the first 12 month period of cover. 12
consecutive monthly premiums must be paid. The free upgrade is subject
to no claims being made within a 24 month period. 24 consecutive monthly
premiums must be paid on time. The free upgrade offer is also subject to
signing a new 12 month agreement with your service provider and the
return of your original handset. If you are not able to upgrade with
your service provider, you will not be eligible to receive the free
upgrade.
These upgrade offers do not form part of your insurance contract with UK
underwriting on behalf of AXA Insurance UK plc. If you have any
questions or complaints about the upgrade or battery offers, please
contact Mfonex Insurance Plc, 204 Cumberland House, 80 Scrubs Lane ,
London , NW10 6RF .
11/06
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