WELCOME TO MAX GUARD INSURANCE

  Max Guard Insurance : Terms & Conditions Of Use

Introduction

In return for the payment of your premium we will provide insurance for your Electronic item during the period of cover as stated in the application form overleaf, subject to the terms and conditions and limitations shown below or as amended in writing by us. This insurance is a monthly contract and is only in force if the monthly premium has been paid. This insurance is arranged by Max Guard Insurance and underwritten by UK Underwriting on behalf of Norwich Union Insurance Limited, 2 Gibraltar House, Bowcliffe Road, Off Gibraltar Island Road, Leeds, LS10 1RJ.Max Guard Insurance, UK Underwriting and Norwich Union are all authorised and regulated by the FSA.

Your electronic item is covered for

A. Accidental Damage

We will pay repair costs if your electronic item is damaged as the result of an accident.

B. Theft

If your electronic item is stolen we will replace it. Where only part or parts of your electronic item have been stolen, we will only replace that part or parts.

C. Loss

If you lose your mobile phone or PDA we will replace it. All other electronic items are not insured for loss

Replacement

This policy offers replacement only and is not a replacement as new policy. If the electronic item cannot be replaced with an identical electronic item 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 item.

What we will pay

If you are paying a monthly premium of £2.49 then the maximum replacement value we shall be liable for in respect of any single claim is £150.

If you are paying a monthly premium of £3.99 then the maximum replacement value we shall be liable for in respect of any single claim is £250. (Mobile Phones and PDA's cannot be covered under this plan)

If you are paying a monthly premium of £5.88 then the maximum replacement value we shall be liable for in respect of any single claim is £400.

If you are paying a monthly premium of £7.99 then the maximum replacement value we shall be liable for in respect of any single claim is £1000.

Your electronic item is not covered for

1. Loss or 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 item 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 item has been left unattended when it is away from your home .

• where reasonable precautions have not been taken.

2. Loss or damage caused by :

• you deliberately damaging or neglecting the electronic item

• not following the manufacturer's instructions;

• routine servicing, inspection, maintenance or cleaning.

• the use of accessories.

• if the serial, IMEI or ESN number has been tampered with in any way.

3. Repair or other costs for :

• routine servicing, inspection, maintenance or cleaning;

• loss caused by a manufacturer's defect or recall of the electronic item ;

• replacement of or adjustment to fittings, control knobs or buttons, batteries or aerials;

• repairs carried our by persons not authorised by us .

• wear and tear or gradual deterioration of performance.

4. Any kind of damage whatsoever unless the damaged phone 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 item , or any loss other than the repair or replacement costs of the electronic item .

7 The first £25 of each theft or accidental damage claim or the first £50 of each loss claim or the first £75 of each claim 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 recognise and process any calendar date or time

10 If the original SIM card was not in the 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 personalised ring tones or graphics, or any additional software / features

13. The cost of any unauthorized calls following the theft, loss or damage of the mobile phone / PDA

Please note: If you are insuring an item (without sim card capability), all exclusions relating to sim cards are non applicable.

Definitions

The words and phrases defined below have the same meaning wherever they appear in bold in this certificate.

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

Immediate family – your mother, father, son, daughter, spouse, domestic partner. electronic item – the single item insured by this certificate, purchased by you and provided by a supplier approved by us ..

Period of cover – 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.

Reasonable precautions –all measures that it would be reasonable to expect a person to take in the circumstances to prevent loss, damage or theft of your electronic item

Unattended – not within your sight at all times and out of your arms-length reach.

We, us, our – UK Underwriting Ltd, on behalf of Nowich Union Insurances Limited

You, you – the person, who owns the electronic item as stated on the application from overleaf.

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 a electronic item bought and used in the UK, the Isle of Man and the Channel Islands. Cover is extended to include use of the electronic item 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. You must provide us with any receipts, documents or proof of purchase, that it is reasonable for us to request.

4. This insurance may only be altered, varied or its conditions altered or premium changed by one of our authorised officials, giving you 30 days notice in writing.

5. 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.

6. You cannot transfer the insurance to someone else or to another mobile phone/PDA/iPod without our written permission.

7. You must take all reasonable precautions to prevent any loss or damage.

8. Cover excludes costs or payments recoverable from any party, under the terms of any other contract, guarantees, warranty, or insurance.

9. If the Direct Debit is cancelled or unsuccessful at any given point, no benefits shall be due whatsoever.

10. If you wish to cancel your insurance you should do so in writing allowing one months notice.

11. Mobile Phones Only – The free battery offer is 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. 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

Claims procedure

1. You must;

• notify us as soon as possible but in any event within 48 hours of any claim under this insurance.

• report the theft/loss of the mobile phone , within 12 hours of discovery, to the Airtime Provider and blacklist your handset.

• report the theft/loss to the Police within 24 hours of discovery and obtain a crime/loss reference number.

• 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 representative proportion of the claim may be recovered direct from these Insurers.

2. If we replace your electronic item the damaged or lost item(s) becomes ours . If it is returned or found you must notify us and send it to us if we ask you to.

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.

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, Supercover Insurance Plc., 204 Cumberland

House, 80 Scrubs Lane, London, NW10 6RF. You should provide details of your policy and in particular, your policy number, to help with the speedy handling of your enquiry.

If the matter is not resolved to your satisfaction, or you are still not satisfied, please write to: Head Of Claims, UK Underwriting, 2 Gibraltar House, Bowcliffe Road, Off Gibraltar Island Road, Leeds, LS10 1RJ.

If the matter is not resolved to your satisfaction, you can then refer the dispute to The Financial Ombudsman Services: South Quay Plaza 183 Marsh Wall London E14 9SR

Any references to any of the above will not affect your right to take legal proceeding