Terms & Conditions
RETURN POLICY
Introduction
1. This Policy forms part of the Customer Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.
2. You may return any product that you bought from the Website or Mac Shack if: - you’ve changed your mind;
- you purchased the wrong item;
- the Mac Shack product is an unwanted gift;
- the Mac Shack products has a technical fault; or
- you have concerns about the quality of the product (the “Returned Product”).
Products that you purchased incorrectly or that are unwanted
This Policy forms part of the Customer Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.
1. You can return an unwanted product to Mac Shack, provided:
- it is unopened, undamaged and unused, with the original labels and stickers still attached;
- save in relation to second-hand products sold at Mac Shack Mac Shack, the Returned Product is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable);
- it is not missing any accessories or parts; and
- you return the product to the Store together with the invoice you received from the Store or you log a return on the Website within 7 days of the order date of the unwanted product. After 7 days, you can only return a product if it is defective.
3. Once we have inspected the Returned Product and validated your return form, we will credit your account with the purchase price of the product within 10-14 working days of the return being received at our warehouse or service centre.
4. You may also elect to exchange a Returned Product for another product (the “Exchange Product”) that is of the same value as the Returned Product. If the price of the Returned Product is less than that of the Exchange product, you will be liable to pay the cash difference between the two products. And if the price of the Returned Product is more than that of the Exchange product.
5. If the packaging is in any way opened, damaged or tampered with, Mac Shack will charge you a handling fee of up to 22.5% of the total purchase price of the Returned Product.
6. Unsealed software products, software subscriptions, electronic software downloads and electronic voucher downloads, gift cards and in-ear products may not be returned to Mac Shack or Mac Shack and are not eligible for refunds.
7. All Returned Products are subject to inspection by the Mac Shack prior to a refund or an exchange.
8. If you want Mac Shack to collect the Returned Product from you, please make sure to fill in the returns form on the Website, Mac Shack may charge a fee of R100 to facilitate the collection on the Returned Product. This is applicable to purchases made online.
9. Products will not be refunded or exchanged due to incompatibility. Please check compatibility information before placing an order.
10. Software products cannot be exchanged or refunded.
11. A 20% handling fee will be charged on opened / used purchases. A courier collection fee of R100.00 may be charged on refunds and exchanges. Mac Shack will process the refund within 10-14 working days after you cancel your agreement with Mac Shack or Mac Shack receives the returned product.
Faulty Products
1. All Mac Shack new products are covered by a manufacturer’s warranty. If your product is faulty you must follow the process set out in the manufacturer’s warranty as indicated to you by the Mac Shack. All Mac Shack pre-owned products are covered by a Mac Shack 90-day warranty.
2. Please note that any manufacturer’s warranty is subject to whatever terms and conditions the manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.
3. For the avoidance of doubt, the manufacturer’s warranty is provided by the manufacturer and not Mac Shack. Any queries with regards to the warranty should be addressed with the manufacturer and Mac Shack can only facilitate the communication between you and the manufacturer.
4. The only time Mac Shack will replace a battery under warranty is if the battery health has dipped to 75% or less within the first 3 months of warranty.
General
To process a return, refund or exchange please send an email to sales@macshack.co.za with your request and we will advise of the steps that you will need to follow.
Return Fees Summary:
Return Fees Summary:
Demo & Pre-owned Devices:
Non Faulty Returned within 7 days EFT - 0,0%
Non Faulty Returned within 7 days Card - 2,5%
Non Faulty Returned within 7 days Online Store - 2,5%
Non Faulty Returned after 7 days - Buy Back
Faulty Device Returned within 7 days EFT - 0,0%
Faulty Device Returned within 7 days Card - 0,0%
Faulty Device Returned within 7 days Online Store - 0,0%
Faulty Device Returned after 7 days - Warranty
New Devices:
Non Faulty Unopened Returned within 7 days EFT - 0,0%
Non Faulty Unopened Returned within 7 days Card - 2,5%
Non Faulty Unopened Returned within 7 days Online Store - 2,5%
Non Faulty Opened Returned within 7 days EFT - 20,0%
Non Faulty Opened Returned within 7 days Card - 22,5%
Non Faulty Opened Returned within 7 days Online Store - 22,5%
Non Faulty Unopened Returned after 7 days - Buy Back
Non Faulty Opened Returned after 7 days - Buy Back
Faulty Device Returned within 7 days EFT - 0,0%
Faulty Device Returned within 7 days Card - 0,0%
Faulty Device Returned within 7 days Online Store - 0,0%
Faulty Device Returned after 7 days - Warranty
* Shipping insurance & shipping costs not refundable
REFUND POLICY
1. Refunds will be done electronically via electronic funds transfer (EFT) to a bank account nominated by you. In certain circumstances where possible, Mac Shack may effect a credit card transaction reversal.
2. Refunds may take between 10-14 working days to process.
3. Mac Shack will not be liable for any bank charges, taxes, interest and/or any other fees that may be levied against you for the refund.
WARRANTY POLICY
All pre-owned devices purchased from Mac Shack come with a standard 90-day warranty. All brand new sealed products come with a 1-Year manufacture warranty unless otherwise specified within the product description.
The warranty will commence from the date of the original purchase. All warranties are tied to the serial number of the product.
Terminology:
New - Unopened, sealed, and comes with a 1-Year manufacturer’s warranty.
All new (sealed) Mac Shack products are covered by a 1 year manufacturer’s warranty. If your product is faulty you must follow the process set out in the manufacturer’s warranty as indicated to you by the Mac Shack. Please note that any manufacturer’s warranty is subject to whatever terms and conditions the manufacturer may impose.
These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions. For the avoidance of doubt, the manufacturer’s warranty is provided by the manufacturer and not Mac Shack.
Demo - Opened packaging / Unused or Slightly used / Display Units and comes with a 90-day Mac Shack warranty.
CPO - Certified Pre-owned. Quality-checked second-hand products come with a 90-day Mac Shack warranty.
Note that all warranties will be void should the product/device have any physical or liquid damage upon inspection.
The only time Mac Shack will replace a battery under warranty is if the battery health has dipped to 75% or less within the first 3 months of warranty.
SHIPPING POLICY
Standard Delivery is usually 3-5 Business days (This is dependent on Courier Lead times provided to us, this is applicable to change. The customer is responsible for paying any shipping costs involved in returning the item to Mac Shack.)
Shipping insurance is not included by default on any order, this includes online orders. Should your parcel/s be damaged/lost/stolen during transit, without insurance, we will not be liable to replace or exchange your parcel/s.
Shipping insurance is available at 3% of the parcel value and covered up to a maximum of R10,000.
Self-Collection orders can only be collected at our store in Bryanston.
PRIVACY POLICY
This privacy policy sets out how Mac Shack uses and protects any information that you give Mac Shack when you use this website. Mac Shack is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Mac Shack may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. Mac Shack (Pty) Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from http://www.polity.org.za/attachment.php?aa_id=3569 .
What we collect
We may collect the following information:
* name
* contact information including email address
* demographic information such as postcode, preferences and interests
* other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
* Internal record keeping.
* We may use the information to improve our products and services.
* We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
* From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site.
Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
* whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
* if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at sales@macshack.co.za
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Augusta Building, The Campus, 57 Sloane St, Bryanston, 2191 above address. We will promptly correct any information found to be incorrect.
REGULATION LAWS
Governing law and jurisdiction.
1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
2. In the event of any dispute arising between you and Mac Shack, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
3. Nothing in this Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
GENERAL
1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
2. Any failure on the part of you or Mac Shack to enforce any right in terms hereof shall not constitute a waiver of that right.
3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
5. If you need to obtain a sales record of your transaction to buy products through the Mac Shack Website, you can contact Mac Shack within 30 days of the transaction.
6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
7. These Terms and Conditions contain the whole agreement between you and Mac Shack and no other warranty or undertaking is valid, unless contained in this document between the parties.
8. The offerings on this website is available for purchase and delivery in South-Africa only.
9. Payment may be made via Visa, MasterCard, EFT, Ozow or Vouchers issued, the details of which will be provided on request.
10. Card transactions will be acquired for Mac Shack (Pty) Ltd via Paygate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
11. Customer details will be stored by Mac Shack (Pty) Ltd separately from card details which are entered by the client on DPO PayGate's secure site. For more detail on DPO PayGate refer to www.paygate.co.za .
12. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
13. Mac Shack (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
14. This website is run by Mac Shack (Pty) Ltd based in South Africa with registration number 2018/540718/07 15. Mac Shack (Pty) Ltd is based at 57 Sloane street, the Campus, Augusta Building, Bryanston, Gauteng, 2191. We can be contacted on 010-4465695 or sales@macshack.co.za .
EXTENDED WARRANTIES
Extended Product Warranty Please read this insurance document carefully to make sure it meets your needs Keep this insurance document in a safe place
1 Table of Contents
2 Introduction to Your Insurance Policy
3 Geographic Scope
4 Understanding this Policy
5 Termination of this Policy
6 General Conditions Applicable to the Whole of this Insurance
7 What we cover you for
8 CompensatioN
9 Exclusions – What is not covered
2 1 Definitions
"Accident" and “accidental” means any direct physical loss caused by one event or series of events arising out of one original cause or source. “Accidental” damage must be caused by acts that were sudden, unexpected and not deliberate. “Damage” means accidental loss of or damage to tangible property. “Excess” means the amount that must be paid by you in respect of a claim or series of claims arising out of one original cause or source before any amount is payable by us. “Insured” means the policyholder. “Insured Device” means a new device that is undamaged at the time when purchasing this policy including accessories, as specified below: Movable Electronics:Smartphones, mobile phones, tablets, notebooks, smartwatches, e-book readers, photo cameras, video cameras, projectors, navigation systems, digital photo frames, portable TVs and video players, portable music player, headphones and portable speakers, shavers, personal digital assistant, mobile digital assistant Stationary electronics: TVs, DVD/Blu-Ray combinations, monitors, PCs, PC complete systems, external drives, servers, docking stations, headphones, wireless routers, scanners, printers, fax machines, printer-/scanner-/copy combinations (All-in-One- devices), DVD/Blu-Ray devices, decoders, Blu-Ray/DVD burners, beamers and projectors, hi-fi systems, radio and media center, home theater systems, CD/disk recorder, amplifier/receiver, speakers, telephone installations, house telephones, answering machines, game consoles. Home appliances: refrigerators, freezers, fridge-freezers, ovens, built-in oven, electric and gas cookers, hobs, hot plates, steam ovens, microwaves, washing machines, dryers, washer-dryer combinations, spin dryers, dishwashers, range hoods, vacuum cleaner, hand vacuum cleaner , irons and stations, steam brushes, ironing machine, sewing machines, shavers and hair removal devices, fans, air conditioners, heaters, frost protection, electric fireplaces, water heaters, dehumidifiers, air cleaners, kitchen scales, deep fryers, toasters, food slicer, electric grills, hand blender, hand mixer, baby food warmers, egg cooker, vacuum, electric coffee grinder, kitchen machines, cappuccino machine, capsule machine, sandwich maker, popcorn machine, juicer, coffee machines, espresso coffee machines, tanning devices / sunbeds. PC components: The insurance covers individually purchased and insured components, such as, main boards, processors (CPU) memory (e.g. RAM), water cooling systems, graphics cards, hard drives, SSD, disk drives, TV cards and sound. “policy” means the wording and schedule read together as the contract of insurance between you and us. “SAPS” means South Africa Police Services. “Schedule” means that part of the policy that specifies details of the insured, the premises, the property insured and any excess , endorsements and conditions applicable. 3 “We or Us or Our” means Transact & Protect as Underwriting Management Agent and/or Mutual & Federal Risk Financing Limited as Insurer or their agent. “You or Your or Yourself” means the policyholder and or insured named in the schedule.
2 Introduction to Your Insurance Policy
This is your insurance policy and you should keep it in a safe place. It is a contract of insurance between you and us, and is made up of this policy booklet, your schedule and any endorsement applying to your insurance policy. Our acceptance of the risks insured is based on the information and statements you have provided to your intermediary or the information that was given on your behalf when you applied for this insurance. You have an obligation at the start of this insurance and at renewal to supply accurate and complete answers to any questions asked during your application for this insurance, to make sure that all information supplied is true and correct, and to notify us of any material changes to the information that you have provided at inception or renewal of this insurance policy. The insurance relates ONLY to those sections of the policy which are shown in the schedule as being included. If any details are incorrect or if the insurance policy does not provide the cover you need, you should return the schedule to your intermediary immediately.
3 Geographic Scope
This policy is only valid for policyholders with their main residence in the Republic of South Africa.
4 Understanding this Policy
It is important that you read your policy booklet together with your schedule very carefully. Please read the whole document. It is arranged in different sections. It is important that • You understand what each section covers and does not cover. • You understand your own responsibilities under each section and under the insurance policy as a whole. Certain words have specific meanings wherever they appear in this policy. These words are shown in bold and are explained in the ‘Definitions’ section below. In return for payment of the premium shown in the schedule, we agree to insure you, subject to the terms and conditions contained in or endorsed on this policy, against certain financial loss that you may sustain against: accidental damage of the insured device due to:
• manufacturing or material defects • faulty construction or wiring • design and assembly errors. as defined in the policy during the policy period shown in the schedule. Cover is provided for the period for which your premium is paid to your Insurer. In order to have continuous cover and a valid claim, you need to pay your premiums. The insured value of your Insured device is contained in your Schedule. This is the maximum value your Insurer will pay in the event of a loss, lessthe applicable excess payable and any dual insurance, betterment or depreciation. 4 Your Insurer retains the right to settle any claim on the basis of the cost of repairs, replacement or cash settlement at their sole option. In the event that the Insured Device: • Can be repaired, your Insurer will pay the costs reasonably incurred to restore it to its state where it is fully functional, same way it was before the damage. Should such costs exceed 75% of the value of the Insured Device, the device will be replaced. • Is replaced by your Insurer, the insurer agrees to pay the reasonable cost of replacement with an Insured Device of the same or similar type but not superior to or more expensive than the existing Insured Device. At all times you must take reasonable steps to safeguard the Insured Device from accidental damage and any repairs to the Insured Device must be carried out by a repairer authorised by Transact and Protect (Pty) Ltd (“TPI”).
5 Termination of this Policy
Termination by You Cooling-Off Period As the insured, you may cancel this insurance within 31 days (cooling-off period) from the date you receive your insurance policy documentation. You will receive a full refund of any premium you have paid to us provided that no claim has been made. We reserve the right on refunding any premium paid if you have made a claim under this policy. To exercise your right to cancel, contact your intermediary who arranged this cover for you. Please be aware that your intermediary may charge a fee for work completed on your behalf. Cancellation You can also cancel this insurance at any time by writing to your intermediary. Any return premium due to you will depend on how long this insurance has been in force and whether you have made a claim. We reserve the right on refunding any premium paid if you have made a claim under this policy. Termination by Us Cancellation We may cancel this insurance by giving you 31 days’ notice in writing to the address stated in the Schedule or at the e-mail address stated in the Schedule Any return premium due to you will depend on how long this insurance has been in force and whether you have made a claim. We reserve the right on refunding any premium paid to us if you have made a claim under this policy. If the premium payment is not made within 15 days of the due date, wehavethe right to terminate this insurance or refuse any claims. Exchange, transfer or sale of the insured device If, within the framework of a statutory guarantee, you cancel the purchase contract of the insured device with the vendor, you can also terminate the insurance policy and get reimbursed by us on apro rata basis for the unused portion of the paid premium. The termination will be effective from the date wereceive your written request. Alternatively, you have the option, with our consent, of crediting the unused premium to a new device. If the device is exchanged for a new one of the same type and value during the term of the statutory warranty period, the insurance coverage shall be transferred to the new device. In order to make a claim you must provide uswith the corresponding evidence (e.g. delivery note, proof of exchange.). You may transfer this insurance policy when you transfer the insured device to someone else aged 18 years or over and whose country of residence is the same as yours at the time of entering this policy. The new policyholder will be covered for the remainder of the period of insurance and all you have to do is: - notify usof the transfer as soon as possible; - provide us with the IMEI and/or serial number of the insured device; 5 - provide us with the name, address, date of birth and email address of the new owner. You must provide the new owner with these policy terms and the proof of purchase of the insured device. You must also advise the new owner to contact us in order to provide their explicit consent and acceptance to these policy terms and conditions in order to finalize the transfer of your insurance cover.
6 General Conditions Applicable to the Whole of this Insurance
6.1 Disclosure Duties You must ensure that the information provided to your intermediary is correct and you have revealed all facts which might affect our decision to accept this insurance or any terms of this insurance. You must tell your intermediary immediately if any of the information which you have given us about your changes. When we receive this notice, we have the option to terminate this policy or change the conditions of this insurance, but we will notify you of any changes. If you fail to comply with any of the above duties the insurance may become invalid. This Policy may be voidable in the event you do not take reasonable care not to make a misrepresentation of the risks which are relevant as set out under the Introduction to Your Insurance Policy section of this Policy, that is to say that there has been a material misrepresentation, mis-description or non-disclosure in such presentation. However, we agree not to void the Policy provided that: • Such misrepresentation, mis-description or non-disclosure has not been deliberate or reckless; • If the materiality of the misrepresentation, mis-description or non-disclosure had been accurately and correctly presented, described or had been disclosed, we would have entered into the Policy on the same or different terms; • We shall be entitled to impose appropriate additional terms (other than premium) with effect from inception, or if applicable, the date of the alteration; • If at the time of loss the premium charged to you would have been higher but for the misrepresentation, mis-description or non-disclosure in any material particular, our liability for any loss amount payable shall be limited to the proportion that the premium charged bears to the higher premium. 6.2 Enforcing your rights We may, at our expense, take all necessary steps to enforce your rights against any third party. We can do this before or after we pay a claim. You must not do anything before or after we pay your claim to affect our rights and you must give us any help and information we ask for. You must take reasonable steps to make sure that you protect your rights to recover amounts from third parties. 6 6.3 Reporting a Claim Your Duties As soon as you know about any incident or circumstance that may result in a claim under your policy, you must • • • • • • • • • • 6.4 If any • • • • Take all reasonable steps and precautions to prevent further loss covered by your policy; Report your loss to your intermediary or Us – refer to policy disclosure notice for details providing full details, as soon as practicable but in no event more than 14 days after the date your loss is first discovered by you Co-operate with us fully and provide all the information we need to investigate your claim Where reasonably required by us to respond to a claim under your policy, to provide us with a power of attorney specifically for this purpose Give us details of any other insurances you may have which may cover part or all of the loss covered by this policy Demonstrate that you sought to recover financial loss relating to your claim from a third party, bank or financial institution that may be responsible for refunding all or part of the loss Advise us if you recover money from a third party, bank, financial institution or credit provider in relation to a claim made under the policy If a claim has been paid under this policy you agree to assign your rights to us to pursue a claim and/or control any proceedings which are brought against a third party to recoup all or some of the indemnity paid If a claim has been paid under this policy which you subsequently recover from a third party, bank or financial institution we are entitled to recover the indemnity paid by us to the extent that your recovery exceeds your uninsured losses Fraudulent Claims Claim made under this policy by you or anyone acting on your behalf is fraudulent or intentionally exaggerated in any way False declaration or statement is made Fraudulent device is used to support the claim Loss is caused by your wilful act or with your connivance Then we will 6.5 • • • • Have no liability to pay any part of or the whole of the fraudulent claim Be entitled to refuse all claims arising after the fraudulent action Remain liable for legitimate claims before the fraudulent action Be entitled to terminate the policy from the date of the fraudulent action whether or not the policy had expired before the discovery of the fraud Claims Settlements 7 Your claims will be dealt with by Us – refer to policy disclosure notice for details 6.6 Data Protection Act Any information disclosed to us will be treated in strict confidence and in compliance with The Protection of Personal Information Act, No 4 of 2013. By accepting your insurance policy, you consent to Mutual and Federal Risk Financing or Transact and Protect Insure, using the information we may hold about you for the purposes of providing insurance and handling claims, if any, and to process sensitive personal data about you where this is necessary (for example criminal convictions). This may mean we have to give some details to third parties involved in providing insurance cover. These may include insurance carriers, third party claims adjusters, fraud detection and prevention services, reinsurance companies and insurance regulatory authorities. Where such sensitive personal information relates to anyone other than you, you must obtain the explicit consent of the person to whom the information relates to the disclosure of such information to us and its use by us as set out above. You have the right to apply for a copy of your information and have any inaccuracies corrected. 6.7 Contracts (Rights of Third Parties) A person who is not a party to this insurance has no right under the Contracts (to enforce any term of this insurance.
7 What we cover you for
All Electronic Insured Devices are collectively referred to as Insured Device in terms of this policy. In return for paying your premium, we will cover your Insured Device as detailed in your Schedule for accidental damage of the insured device due to manufacturing or material defects, faulty construction or wiring design and assembly errors to the Insured Device. 8 Compensation If you claim for damage to your insured device, we will always attempt to repair it. If your insured device cannot be repaired or the cost of the repair exceeds the market value or purchase price, you will be entitled to an equivalent (maybe refurbished) replacement device. We cannot guarantee that the replacement device will be the same color as the original item. Disposal services of the defective device are excluded. In the case where the insured device cannot be repaired, or in the event that a replacement device cannot be provided, we will compensate you in form of a cash settlement. The type of compensation (repair, replacement, cash settlement) is solely chosen by us. If we determine that your insured device needs to be replaced following a valid claim we will endeavor to replace it with an identical, (maybe refurbished) device condition as your originally insured device. Any repair of the insured device will be guaranteed by us for three months, regardless of an expiration or a termination of your policy. If the insured device has been subjected to changes or design improvements prior to the claim then these are not insured under this policy. If a repair of the insured device creates additional costs to maintain these changes, then these costs are not covered by this policy. We will advise you of these costs in advance so that you may pay them separately. In case of a cash settlement, the maximum amount we will pay you is the market value of your device, unless it is higher than the purchase price.
9 Exclusions – What is not covered
1. The costs of replacing, reinstating or making good wear and tear, gradual deterioration, scratching or other superficial damage to outer casings, aerials or keypads.
2. Any loss or damage during the hire or loan of your Insured Device to another person.
3. Loss of or damage to your Insured Device resulting from theft or any attempt thereat from any unattended vehicle, unless the vehicle is locked and the Insured Device is in a concealed compartment or boot. Any such loss must involve forcible and violent entry into the vehicle. 8
4. Loss or damage to batteries, other than when they are stolen or lost together with your Insured Device. 5. Consequential loss of any kind whatsoever.
6. Loss of or damage to your Insured Device arising from or contributed to by gross negligence or wilful conduct by you.
7. Loss or damage resulting from political or non-political riot, strike or civil commotion, public disorder, war, invasion, terrorism or public violence or which is insurable by SASRIA (South African Special Risks Insurance Association) is excluded from this cover.
8. This policy does not cover a device that is: older than 12 months;faulty on delivery from the retailer; purchased outside your country of residence; damaged at the date of purchasing this policy.
9. damages caused by external impacts. 10. any claim where you have not kept the insured device in a good state of repair and taken all reasonable steps to prevent damage.
11. damage that is also covered by any warranty.
12. theft and/or any consequential damage caused by theft and/or loss of any kind.
13. breakdown of batteries.
14. any software or data installed such as telephone numbers, ringtones, music, pictures, applications or videos.
15. damage caused as a result of a virus, or damage caused by the installation of software or applications, or any costs incurred during reinstallation.
16. cosmetic damages, such as scratches, dirt and discoloration.
17. screen burn-in or pixel errors.
18. damage that occurred at the time of packing or transporting the insured device (excluding dispatch of device after we have approved a repair with an assigned repair shop).
19. damage caused by repairs of the insured device that were not authorized by us.
20. damage caused by nuclear hazards, war, hostilities, civil war, revolution, acts of terrorism, riots or insurrections, confiscation, requisition, destruction of the device or damage to it by any government, public or legal authority serial errors and recall actions by the manufacturer.
21. costs for adjustments or troubleshooting where there is no fault in the device.
22. damage intentionally caused by you.
23. any malfunctions or damages that can be corrected by resetting the device to factory settings or cleaning it.
24. liquid damage of any type.
25. airtime abuse, meaning any airtime charges incurred by unknown persons following the theft or loss of the device. 26. loss or theft of the insured device.
27. payment of a claim or provision of any other benefit under this policy if we are prevented from doing so by any economic sanction which prohibits us from providing cover under this policy.