Terms & Conditions

HUAWEI Care Pro

General

Upon payment of the Premium and subject to the terms, conditions and exclusions of this Policy, the Insurer agrees to indemnify the Insured against the Insured Events, occurring during the period of insurance, up to the maximum Limit of Indemnity as indicated in this Policy Wording or the Policy Schedule.

Introduction

The Policy Wording and the Policy Schedule shall be read together and contains all the terms and conditions of your Policy.

If there is any conflict between the meaning of any word in the Policy Wording and Policy Schedule, the meaning ascribed to it in the Policy Wording shall prevail. 

This Policy also contains important disclosures that Guardrisk Insurance Company Limited (“Guardrisk”) as product provider; and Viva Cover Proprietary Limited (“Viva Cover”) as Intermediary, are required to make in terms of the Financial Advisory and Intermediary Services Act, 37 of 2002 (“FAIS”).

Please read this document carefully and take note of these important disclosures.

All Premiums, Limits of Indemnity and Minimum Claim Values are inclusive of Value Added Tax.

Definitions

Administrator / Viva Cover means Viva Cover (Pty) Ltd (Registration No. 2007/18990/07). Viva Cover has been appointed to administer policy documentation as well as any claims lodged. Viva Cover earns a fee for this service;

Exclusion means a loss or risk event not covered under the Policy;

Excess means amounts payable by the Insured in the event of a claim under the Policy;

Huawei Device means a Huawei mobile cellular phone or Huawei smartwatch;

Huawei Repair Centre means an authorised and approved repair centre for the repair and / or maintenance of Huawei Devices;

Insurer / Guardrisk means Guardrisk Insurance Company Limited (Registration No. 1992/001639/06);

Intermediary means Viva Cover (Pty) Ltd (Registration No. 2007/18990/07). Viva Cover will be marketing and selling this insurance product. Viva Cover earns a commission for this service;

Insured means the person who owns the Huawei Device and has applied for insurance cover;

Insured Events means accidental physical damage to the Huawei Device;

Premium means the monthly amount payable by the Insured to the Insurer in respect of each Huawei Device;

Policy means the Huawei Care Pro insurance cover comprising of the Policy Schedule and Policy Wording contained in this document.

General Conditions (Applicable to all Sections)

Upgrades and Replacements

The Insured shall be solely responsible for ensuring that the Administrator is informed of any changes to the Huawei Device as a result of any upgrade or replacement of the Huawei Device.

Prevention of Loss

The Insured shall take all reasonable steps and precautions to safeguard the Huawei Device, including but not limited to ensuring that the Huawei Device is safeguarded whilst charging, safeguarded and locked away when not in use, not left in a public place, place of recreation, office, mall or social occasion where it is vulnerable to easy removal or damage and used and maintained in accordance with the manufacturer’s directions.

Period of Insurance

The Policy will commence upon receipt of the first Premium and will continue thereafter on a month-to-month basis and upon receipt of the monthly Premium payments. 

You are entitled to terminate the Policy within 14 (fourteen) days after receipt of this Policy Document (the "Cooling-off Period") by submitting a request to support@huaweicares.co.za or by calling 0860 861 111.

Cancellation

The Insurer shall be entitled to cancel this Policy by giving 31 (thirty-one) days written notice to the Insured. 

The Insured shall be entitled to cancel this Policy by giving 31 (thirty-one) days written notice to the Insurer or to the Administrator. 

The Administrator reserves the right to cancel the cover granted to you should there be evidence of or an attempted submission of a fictional claim, fraud or misrepresentation.

Termination

This Policy shall be deemed to have been terminated in the event of:

Other Insurance

If at the time of any claim there is any other insurance providing the same cover as this Policy, the Insurer shall not be liable to pay or contribute more than their rateable proportion of indemnity.

No Rights to Other Persons

Nothing in this Policy shall give rights to any person other than the Insured unless the written consent of the Insurer has been obtained.

Average

If at the time of a loss, the Huawei Device insured is of greater value than the Limit of Indemnity / Sum Insured, the policyholder will be his own insurer for the difference and will bear a proportionate amount of the loss.

Claim Recovery

If, after the payment of a claim, the whereabouts of the lost or stolen Huawei Device is identified, the Insured shall render all reasonable assistance in effecting the recovery of the Huawei Device.

Fraud

All benefits afforded in terms of this Policy and respect of any claim shall be forfeited and this Policy may be avoided or cancelled at the Insurer’s discretion from the date of any fraudulent conduct.

This Policy may be avoided or cancelled at the Insurer’s discretion from the date of the fraudulent conduct:

Where any beneļ¬t under this Policy is forfeited in circumstances set out in this General Condition, the Insured shall repay to the Insurer all amounts which the Insurer may have previously settled in respect of all claims forfeited without prejudice to the Insurer’s right to recover any other damages which the Insurer may have suffered as a result of the fraudulent conduct.

Premium Payment

As the Insured, you are responsible for the payment of the Premiums.

The Premiums are payable monthly in advance.

If another person makes the Premium payments on your behalf, such person shall not become the Insured or have any right or entitlement to the benefits payable.

If a Premium is not paid on the specified payment date, Viva Cover will notify you by SMS.

If a Premium is not successfully collected, Viva Cover may attempt to debit your account:

If a Premium is not paid on the due date, your account will be debited in the following month for 2 (two) months premiums.

If the Payment Date falls on a Saturday, Sunday or public holiday, we will collect the Premium on a more suitable business day.

If the Premium remains unpaid (after the double debit attempt) and the policyholder fails to remedy the failure within 30 (thirty) days (the Grace Period), the Policy will lapse at midnight on the last day of the preceding period of the Policy.

Viva Cover shall always be entitled to increase the Premiums payable in accordance with the terms of this Policy by way of a 31 (thirty-one) day written notice to you as the Insured prior to the implementation of the increase. Should you fail to pay such increased Premium, Viva Cover may adjust the benefits payable in terms of this Policy or may terminate this Policy with effect from the date of failure to pay the increased Premiums. 

A full month’s Premium is due in respect of any Insured Huawei Device where cover commences or ceases during a calendar month.

In the event of a claim for benefits, Viva Cover shall be entitled to deduct any Premiums due and not yet received from the claim payable, if this Policy is still in force.

All Premiums are inclusive of Value Added Tax.

Debit Order Information

The following is important information regarding your debit order and can be useful should you need to query this with your bank. 

The below Short Name will appear on your bank account statement when the debit order collection for this Policy is made. 

General Exclusions (Applicable to all Sections)

This Policy does not cover any loss, damage or liability, directly or indirectly caused by, related to or in consequence of:

If the Insurer alleges that, by reason of this exclusion, loss or damage is not covered by this Policy, the burden of proving the contrary shall rest on the Insured.

Notwithstanding any provision of this Policy including any exclusion, exception or extension or other provision not included herein which would otherwise override a general exception, this Policy does not cover loss of or damage to property or expense of whatsoever nature directly or indirectly caused by, arising out of or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any sequence to the loss, damage or expense. If the Insurer alleges that, by reason of this clause of this exception, loss or damage is not covered by this Policy, the burden of proving the contrary shall rest on the Insured.

Benefits

Insured Event

Theft of or physical loss of or accidental damage to the Huawei Device.

The Insurer shall at its sole discretion arrange for: 

Basis of Indemnity

The Insurer’s liability is limited to the cost of repairs or replacement of the Huawei Device, subject to the Limit of Indemnity / Sum Insured.

If the Huawei Device is repairable, the Insurer will pay the costs reasonably incurred to restore it to its state of serviceability immediately before the occurrence of the damage. 

Limit of Indemnity / Sum Insured

The amount payable by the Insurer for damage in respect of the Huawei Device shall not exceed the Limit of Indemnity / Sum Insured stated in the Policy Schedule.

Excess

No excess is applicable on Huawei Devices with a Sum Insured of less than R 5000 (five thousand rand). 

The Insured shall be liable to pay an excess of 25% of the claim amount on Huawei Devices with a Limit of Indemnity / Sum Insured in Excess of R 5 000 (five thousand rand) in respect of each claim lodged.

Specific Exclusions

The Insurer shall not be liable for:

  1. Loss or damage arising from abuse, misuse or neglect of the Huawei Device;
  2. Any costs of replacing, reinstating or making good wear and tear, gradual deterioration or derangement of any kind;
  3. Faults or defects known to the Insured at the time of arranging this cover or during the currency of this Policy and not disclosed to the Insurer;
  4. The cost of repairing or replacing any damaged external casings, cosmetic fittings or accessories; 
  5. Loss, damage or failure for which the manufacturer or supplier is liable, or which is covered by a current warranty contract;
  6. Any costs recoverable from other insurance or any party under the terms of any guarantee;
  7. Defects in design or manufacture;
  8. The cost of modification to affect repairs where the parts necessary for repair are no longer available or are out of manufacture;
  9. The cost of repairs and/or maintenance carried out by anyone other than an approved Huawei Repair Centre;
  10. The cost of routine inspection service adjustment or cleaning;
  11. Loss or damage during the hire or loan of the Huawei Device to any third party;
  12. Loss or damage if the serial, IMEI or ESN has been tampered with in any way;
  13. Any damage or fault caused by any form of electronic virus;
  14. Reconnection costs or subscription fees of any kind;
  15. The cost of replacing lost data or software;
  16. Consequential loss or consequential damage of any description; or
  17. Any intentional damage to the Huawei Device.

Claims

Claims must be notified to the Administrator within 30 (thirty) days after the occurrence of the Insured Event by either emailing claims@huaweicares.co.za or calling 0860 861 111.

In the event that the Administrator is not notified of the claim within the aforesaid period, all benefits in terms of this Policy will be forfeited for the respective claim.

The Insured must submit proof of purchase as well as a copy of the Insured’s Identity Document or Smart Card within 30 (thirty) days after notification of the claim to the Administrator. In the event the required documentation is not submitted within the aforesaid period, all benefits in terms of this Policy may be forfeited for the respective claim.

In the event of the Huawei Device being lost or stolen, the Insured must report the loss or theft of the Huawei Device to your network service provider and complete a blacklisting form. (Not applicable to wearable Huawei Devices). 

The Insured must report the loss or theft to the nearest police station and obtain a Police Case Number failing which no claim will be considered by the Administrator.

It is to be specifically noted no Police Case Number will be provided without an ITC reference number.

Complaints

Should you have any concerns about the information you have received, please contact our complaints department by emailing complaints@huaweicares.co.za

Please give us a chance to resolve the matter. If your queries are not resolved to your satisfaction, please contact the following parties:

     
CONTACT THE ADMINISTRATOR

Give us a chance to resolve the matter. To ensure our focused attention, please contact us using the following details:

Viva Cover
PostNet Suite 33
Private Bag X75
Bryanston, 2021
Call: 0860 109 529
Email: complaints@huaweicares.co.za
Fax: 0864 599 605

THEN THE SHORT TERM OMBUD

If complaints about our products do not get resolved, we are accountable to the Short-term Insurance Ombud. Their contact details are:

The Ombud for Short-term Insurance
PO Box 32334
Braamfontein,
2017
Call: 011 726 8900
Email: info@osti.co.za
Fax: 011 726 5501

OR THE FAIS OMBUD

If complaints about our service are not resolved, we are accountable to the FAIS Ombud. Their contact details are as follows:

Office of the FAIS Ombud
PO Box 74571
Lynnwood Ridge,
40
Call: 0860 324 766
Email: info@faisombud.co.za
Fax: 012 348 3447

Rejection / Time Bar

If the Insurer declines liability for a claim made in terms of this Policy or avoids the Insured’s Policy or the Insured disputes the amount of any claim under this Policy, representation may be made to the Insurer within 90 (ninety) days of the date of the Insurer’s letter of repudiation or avoidance. The Insured’s representation must be submitted in writing to:

Guardrisk Insurance Company Limited 
PO Box 786015
Sandton 2146
Telefax: (011) 669 2792
Email: claimsrejection@guardrisk.co.za

Alternatively, the Insured may contact:
The Ombudsman for Short-term Insurance 
PO Box 32334
Braamfontein 
2017
Phone: (011) 726 8900
Telefax: (011) 726 5501

If the Insured’s dispute is not satisfactorily resolved in this manner, the Insured may institute legal action against the Insurer for the enforcement of the claim by way of the service of summons against the Insurer. Summons must be served on the Insurer within 180 (one hundred and eighty) days of the Insurer’s original letter of rejection or avoidance after the expiry of the 90 (ninety) day period. If this is not done, the Insured’s claim will be unenforceable against the Insurer and it will become time barred and the Insurer will no longer be liable for the claim.

Details of the Financial Services Provider (Intermediary)

The Intermediary of your Huawei Care Lite Policy is Viva Cover (Pty) Ltd (Registration No. 2007/18990/07). 

Viva Cover is an authorised Financial Services Provider (FSP Number 42787) in terms of the Financial Advisory and Intermediary Services Act, 37 of 2002, authorised to provide advice and intermediary services in respect of the products of Guardrisk Insurance Company Ltd.

Viva Cover acts as the Financial Services Provider in terms of this Policy.

To the extent that the Intermediary appoints agents and / or employees to act on its behalf, Viva Cover accepts responsibility for the acts and omissions of such agents and employees acting in the course and scope of its mandate or other contract.

As an authorised Financial Services Provider, Viva Cover holds professional indemnity cover.

Contact details of the Intermediary:

Viva Cover (Pty) Ltd.
PostNet Suite 33
Private Bag X75
Bryanston, 2021
Phone: 0860 109 529
Telefax: 0864 599 605
Email: support@vivacover.co.za

Contact details of the compliance department of the Intermediary: 

Compli-Serve KZN (Pty) Ltd 
Catherine Cooper 
Phone: 087 897 6970
Email: catherine@compliserve.co.za

Details of the Underwriter (Insurer)

The insurer of your Huawei Care Pro Policy is Guardrisk Insurance Company Limited (Registration No. 1992/001639/06). 

Guardrisk is a registered Insurer in terms of the Insurance Act, 18 of 2017. 

Guardrisk is also an authorised Financial Services Provider (FSP Number 75) in terms of the Financial Advisory and Intermediary Services Act, 37 of 2002.

Contact details of Guardrisk:

Guardrisk Insurance Company Limited
PO Box 786015
Sandton, 2146
Phone: (011) 669 1000
Telefax: (011) 669 2792
Website: www.guardrisk.co.za

Contact details of the compliance department of Guardrisk: 

The Compliance Officer
Phone: (011) 669 1039
Email: compliance@guardrisk.co.za