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iCare Accidental Damage Terms & Conditions

ACCIDENTAL DAMAGE INSURANCE

POLICY WORDING


INTRODUCTION

Welcome and thank You for choosing AmTrust Europe Limited as Your insurance provider. We work in partnership with Your insurance intermediary, CPU Group Limited, who will be happy to answer any questions You may have concerning the Policy.

It is important that You carefully read this Policy, together with the Policy Schedule, which forms part of this Policy to ensure it meets with Your requirements. If any changes are needed or if the information is incorrect in any way, You must contact Your insurance intermediary immediately.

Before You accept the Policy, You have 14 days to review the Policy and consider its full terms. If You are not totally happy with the Policy and have not made a claim, simply write to the Administrator requesting that the Policy is cancelled and any monies paid will be returned, subject to no claims being made. We will then cancel Your insurance. After this 14 day period You may cancel this Policy at any time however the refund of premium or premium due will be calculated as detailed in section 13 of General Conditions.

YOUR POLICY
This policy is underwritten by AmTrust Europe Limited, Registered Office: 10th Floor Market Square House, St James’s Street, Nottingham, NG1 6FG, Registered Number: 1229676. AmTrust Europe Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority (FCA) and Prudential Regulation Authority, financial services number: 202189. These details can be checked on the Financial Services Register at www.fca.org.uk.

This insurance is arranged by CPU Group Limited who is an Appointed Representative (FCA A.R. No. 420206) of Advent Solutions Management Limited. Advent Solutions Management Limited is authorised and regulated by the Financial Conduct Authority (Firm reference number 308751). You can check these details on the Financial Services Register by visiting www.fca.org.uk.

In consideration of the payment of the Premium, We shall provide insurance against Accidental Damage in respect of Property whilst at the Location(s) occurring during the Period of Insurance subject to the terms, definitions, conditions and exclusions contained herein.

This insurance is a legal contract between You and Us. Please keep this document in a safe place as You will need it if You make a claim.

DEFINITIONS
Accidental Damage: The unintentional damage, breakage or destruction of the Property caused by a sudden or unforeseen event.

Administrator: Advent Solutions Management Limited, 3 Lombard Street, London EC3V 9AA. Tel: 0845 872 2156 email: cpu@adventsm.co.uk.

Receipt: The document confirming the details of each individual item of Property received and accepted by You.

Consequential Loss: A loss or cost incurred by You, whether actual or intangible, resulting from Accidental Damage to the Property which is not specifically covered under this Policy including a loss of earnings or profit or additional operational costs from being unable to use the Property, additional depreciation or diminution of the value of the Property, penalties for delay or detention or in connection with guarantees of performance or efficiency.

Cosmetic Damage: Damage that impairs the appearance of the Property but not its functionality.

Minor Damage: Damage that does not affect the normal operation or use of the Property including, but not limited to, scratches, chips, marks and dents or change of colour, texture or finish.

Location: Your address as shown in the Policy Schedule other than where any item of Property shown in the Policy Schedule is described as ‘Portable’ in which case, for that item, any Location(s) in the world including whilst in transit between such Location(s).

Accessories: Items such as, but not limited to, chargers, protective cases, carrying cases, headphones, pencils, keybords and hands-free mounting kits delivered as part of the Property as supplied by the manufacturer

Period of Insurance: As shown on the Policy Schedule.

Policy Schedule: A document that accompanies this Policy showing Your details and other information relating to You and this insurance which together with this Policy form the contract of insurance.

Property: The computer equipment and Original Accessories described in the Policy Schedule but excluding data carrying materials and any computer program or data information recorded thereon unless described in the Policy Schedule.

Reasonable Precautions: All such measures that it would be deemed appropriate to expect a person to take in the circumstances to prevent Accidental Damage of the Property.

Terrorism: An act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or governments, committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.

We, Us, Our, Insurer: AmTrust Europe Limited Registered in England number 1229676 at Market Square House, St James’s Street, Nottingham NG1 6FG.

You, Your, Insured: As shown on the Policy Schedule.

WHAT IS COVERED
We will pay repair costs if the Property suffers Accidental Damage whilst at the Location. If We are unable to arrange repair of the Property, or where the cost of repair would exceed to cost of replacement, We will replace the Property.

This Policy is not a replacement as new policy, If We cannot replace the Property with an identical item of similar age and consideration We will provide a replacement to the nearest comparable specification or value, taking into account the age and condition of the Property.

The maximum cost We will incur in respect of any one claim is limited to the purchase price of the Property.

If We are unable to repair or source a replacement within the above limit We may, at Our discretion, pay to You the
cash equivalent of the purchase price of the Property.

Any Property replaced under this Policy by Us shall be automatically added to the items of Property Insured under this Policy. Where replacement occurs under a manufacturer’s warranty or other means You must provide the Administrator, by phone, email or letter, with details of the replacement Property including model, serial number and value at the time of replacement. Cover will commence when confirmed in writing to You by the Administrator. In the event that the value of the replacement is greater than the value of the original item by more than £50 We may request payment of a further premium from You based on Our standard rates used at that time.

WHAT IS NOT COVERED
The Insurer shall not be liable for:

1. Excess
The amount, as shown in the Policy Schedule.

2. Number of claims during policy period
More than two claims in any one 12 month period starting from policy start date.

3. Accessories
Any accidental damage to any accessories

4. Intentional Acts
Damage caused by:
a) You, or any custodian authorised by You, deliberately damaging or neglecting the Property
b) intentional placing of heavy objects on the Property
c) experiments involving the imposition of any conditions on the Property for which it was not designed
d) damaged caused to Property used at Educational establishments where the Property has not been
protected with case as detailed under the General Conditions section of this document.

5. Lack of Protection to iPads used at Educational Facilities (School/College)
If, at time of occurrence, the iPad is not protected by a protective device that meets the following criteria: a rugged and extreme duty protective case securely holding the Pad in place with a screen cover such that when closed the device covers all the front and rear of the Property together with the majority of side area, fully covering and protecting each corner of the Pad, whilst giving unencumbered access to all the ports and side controls. The case should have a hard inner casing with outer casing that is designed to provide shock absorption if the device is dropped. Suitable cases are those which are built to withstand a significant amount of impact caused by drops, knocks or falls onto hard surfaces and are often described as ruggedized, heavy duty or military tested. This applies to all claims for accidental damage to the iPad including damage whilst the iPad is in use. It is the responsibility of the Insured to ensure the iPad is protected. No liability will be accepted for damage to the iPad where the case has deteriorated due to wear and tear or misuse and no longer offers adequate protection. It is the responsibility of the Insured to ensure that cases are replaced in this instance. Please note that any claim where the iPad is not protected by a case, as described above, will not be covered.

6. Wear and Tear
The cost of remedying or making good damage due to:
a) wear and tear gradual deterioration or rust.
b) gradually developing defects cracks flaws or fractures.
c) Minor Damage
d) Cosmetic Damage

7. Electronic Data Recognition
Any damage arising directly or indirectly from the failure of the programming on computer chips or computer software to recognise the year 2000 or any other date.

8. Pollution
Damage or additional expenditure caused by pollution or contamination other than damage to the Property caused by pollution or contamination and additional expenditure in consequence thereof.

9. War Risks
War, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, Terrorism, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped.

10. Radioactivity
Damage to any Property whatsoever resulting or arising therefrom or any Consequential Loss directly or indirectly caused by or contributed to by or arising from:
a) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from
the combustion of nuclear fuel.
b) the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear
component thereof.

11. Sonic Booms
Damage directly occasioned by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds.

12. Consequential Loss
Any other costs that are directly or indirectly caused by the event which led to Your claim. This can include but is not limited to, any financial loss or the cost of business interruption arising from the loss of use of the equipment, or the loss of information contained in or stored on the equipment and any time and cost involved in reinstating such information. Consequential Loss shall also include loss of use of any item of equipment due to its incompatibility with any items of equipment repaired or replaced pursuant to this policy.

13. Faulty Workmanship
Mechanical or electrical breakdown due to faulty or defective workmanship.

WHAT TO DO IN THE EVENT OF A CLAIM
First Check that it is not a simple problem like a blown fuse or faulty plug.

As soon as practicable after Accidental Damage has come to Your knowledge, give notice thereof to the Administrator, you can log your claim online athttps://www.cpu.co.uk and click on Claims and Tracking, telephone: 0345 872 2156; email: cpu@adventm.co.uk or write to the address shown below, giving the fullest possible particulars and information.
Claims Manager
Advent Solutions Management Limited
3 Lombard Street, London EC3V 9AA

You may be required to produce Your valid Policy Schedule to the Administrator.

You should:
a) take precautions to mitigate the damage and prevent further damage to the Property as We shall not be
liable for additional costs that occur as a consequence of failure to comply with this requirement.

b) retain any damaged Property or parts thereof.
In addition to the notification in 2 above We may require You to provide to Us with a statement in writing of all particulars and details of the Property affected and the value thereof and of the damage thereto and furnish all such vouchers proofs explanations and other evidence as may be required by Us

GENERAL CONDITIONS
1. Condition of Property
We will not pay a claim in relation to any specific item of Property that before commencement of this Policy was not in good working order or had been subject to an occurrence that could give rise to a claim under this Policy.
Where the Property is constituted by the manufacturer as a set of separate component parts connected externally by wires or wireless technology and any damage is confined to a specific component part(s) Our liability will only be in respect of the damaged part(s).

2. Payment of Premiums
We will not be liable to make a payment under this Policy if the premium is outstanding.

3. Use at an Educational Establishment (e.g. school/college)
If the iPad is to be used at an educational establishment, a protective case must be used at all times, even while not in use which meets the following criteria: a rugged and extreme duty protective case securely holding the iPad in place with a screen cover such that when closed the device covers all the front and rear of the iPad together with the majority of side area, fully covering and protecting each corner of the iPad, whilst giving unencumbered access to all the ports and side controls. The case should have a hard inner casing with outer casing that is designed to provide shock absorption if the device is dropped. Suitable cases are those which are built to withstand a significant amount of impact caused by drops, knocks or falls onto hard surfaces and are often described as ruggedized, heavy duty or military tested. This applies to all claims for Accidental Damage to the iPad including damage whilst the iPad is in use. It is the responsibility of the Insured to ensure the iPad is protected.
No liability will be accepted for damage to the iPad where the case has deteriorated due to wear and tear or misuse and no longer offers adequate protection. It is the responsibility of the Insured to ensure that cases are replaced in this instance. Please note that any claim where the iPad was not protected by a case, as described above, will not be covered.

4. Precautions
In addition You will ensure that the Property is operated and serviced in accordance with the manufacturer’s published recommendations.

5. Salvage
We shall be entitled to take and keep possession of any damaged and replaced Property insured by this insurance and to deal with the salvage in a reasonable manner. No Property may be abandoned to Us.

6. Right of Inspection
You agree to make available the Property to enable Us to carry out such inspections and report thereon.
If in the course of Our dealing with a claim or carrying out an audit of the Property We become aware of circumstances relating to the use of the Property that differs from Our understanding in a material way that would increase the likelihood of a claim under this Policy, You shall take immediate steps to comply with Our requirements relating to protection of the Property.

7. Information Provided by You
The Policy has been issued based upon the information which You have provided. If you knowingly give Us incorrect information this may invalidate Your cover under the policy.

8. Recovery of our loss
We, at Our own expense may take such proceedings as We think fit to enforce any rights and remedies against or obtain relief or indemnity from other parties who We consider may have to which We shall be or may become entitled or subrogated under this insurance and You at Our request and expense do such acts and things as may be reasonably required by Us for that purpose.

9. Fraud
All benefit under this insurance is forfeited where there has been fraud, intentional non-disclosure or mis- statement that would be relevant to Us agreeing to issue this Policy on the terms herein, or any attempt thereat by You or any party acting on Your behalf.

10. Authorised Users
In the event of a claim, We shall not seek recompense from any user of the Property providing
a) the user has Your authority to use the Property.
b) the user shall observe, fulfill and be subject to the terms exceptions and conditions of this Insurance.

11. Cancellation & Variation
You have 14 days to review the Policy and consider its full terms. If You are not totally happy with the Policy and
have not made a claim, simply write to the Administrator requesting that the Policy is cancelled and any monies paid will be returned. We will then cancel Your insurance. After this 14 day period, if You have not made a claim, You may cancel this Policy at any time in which case any refund will be made on pro rata refund basis on the remainder of Your policy which will be calculated monthly and is paid for each full month left to run.

In both cases the amount shall be calculated up until the end of the month in which You give notice to cancel and either You or Us shall pay any monies owing to the other within one month after the month of cancellation.
We shall not be bound to accept renewal of any insurance and may at any time cancel any insurance by sending 30 days notice to You at Your last known address. Provided the premium has been paid in full You shall be entitled to a proportionate rebate of premium in respect of the unexpired Period of Insurance. We may terminate this Policy by immediate notice if You fail promptly to pay any sum payable in accordance with this Policy.

This Policy may be varied or waived by an endorsement hereon signed by a duly authorised official on behalf of the Insurer subject to the agreement of You and Us.

We retain the right to suspend or cancel cover on any Property where this is deemed no longer maintainable through poor condition, obsolescence, age or availability of replacement parts. In the event of cancellation, provided the premium has been paid in full, You will be entitled to a proportionate rebate of premium in respect of the unexpired period stated on the Policy Schedule for that item of Property.

12. Other Provisions
a) You cannot assign or charge this policy in any manner whatsoever.

b) This policy shall not acquire a surrender value.

c) To improve the quality of Our service, We will be monitoring and recording a select number of telephone
calls.

d) The masculine gender shall include the feminine and the singular shall include the plural and vice versa.

REGISTER OF CLAIMS
Insurers share information with each other to prevent fraudulent claims via a register of claims. A list of participants is available on request. In the event of a claim, any information You have supplied relevant to this insurance and on the claim form, together with other information relating to the claim, will be provided to the register.

INVALID PAYMENTS
In the event that any benefit payments are made which are found to have been made as a result of Your fraud, recklessness or negligence, all benefit payments in respect of You shall be forfeited and We reserve the right to cancel Your cover under this Policy immediately and demand that any such benefits are repaid by You and/or to take the appropriate legal action against You.

GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, and be subject to the exclusive jurisdiction of the English Courts, unless We agree to the contrary with You.

COMPLAINTS PROCEDURE
It is the intention to give You the best possible service but if You do have any questions or concerns about this Insurance or the handling of a claim You should contact the Claims Manager of the Administrator, the contact details are:

Claims Manager
Advent Solutions Management Limited 3 Lombard Street,
London EC3V 9AA
Tel: 0345 872 2156
Fax: 0345 241 2168
email: cpu@adventsm.co.uk

Please ensure Your policy number is quoted in all correspondence to assist a quick and efficient response. The Administrators will consider claims about their service as part of the sales process and are also authorised by the Insurer to deal with complaints relating to the terms and administration of the Policy.

The Administrators will contact You within five days of receiving Your complaint to inform You of what action they are taking. They will try to resolve the problem and give You an answer within eight weeks.
Alternatively, at any stage, you may have the right to contact the Financial Ombudsman Service who can review complaints from ‘eligible complaints’ which includes private individuals and sole traders and small partnerships with a yearly turnover of less than £1 million.
Further information can be found at: http://www.financial-ombudsman.org.uk/default.htm
Financial Ombudsman Service Exchange Tower
Harbour Exchange Square London E14 9SR
Telephone: 0800 023 4567 or 0300 123 9 123
Email: complaint.info@financial-ombudsman.org.uk
This complaints procedure does not affect any legal right you have to take action against Us.

COMPENSATION SCHEME
AmTrust Europe Limited is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme, if AmTrust Europe Limited cannot meet its obligations. This depends on the type of business and the circumstances of the claim. Most insurance contracts are covered for 90% of the claim. You can get more information about compensation scheme arrangements from the FSCS or visit www.fscs.org.uk

DATA PROTECTION ACT 1998
We are committed to protecting Your privacy including sensitive personal information; please read this section carefully as acceptance of this insurance Policy will be regarded as You having read and accepted this data protection policy.

Data transfer consent

By purchasing this insurance Policy You have consented to the use of Your data as described below.

Sensitive information
Some of the personal information We ask You for may be sensitive personal data, as defined by the Data Protection Act 1998 (such as information about health or criminal convictions).
We will not use such sensitive personal data about You or others except for the specific purpose for which You provide it and to provide the services described in Your Policy documents.

How we use and protect your information and who we share it with:
We will use Your information to manage Your insurance Policy, including underwriting and claims handling. This may include disclosing it to other insurers, administrators, third party underwriters and reinsurers. Your information comprises of all the details we hold about You and Your transactions and includes information obtained from third parties. We may use and share Your information with other members of the AmTrust group companies (The Group).

We will provide an adequate level of protection to Your data.

We do not disclose Your information to anyone outside The Group except:
• Where We have Your permission
• Where We are required or permitted to do so by law
• To credit reference and fraud prevention agencies
• To other companies that provide a service to Us or You
Where we may transfer rights and obligations under this agreement

We may transfer Your information to other countries and jurisdictions on the basis that anyone to whom We pass it provides an adequate level of protection. However, such information may be accessed by law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations.

You have expressly granted Your permission for information relating to You to be held and processed by related companies in the United States of America.

Call Recording
To help Us provide a quality service, Your telephone calls may be recorded but will only be shared with partner organisations directly relevant to the Breakdown service We provide.

Your rights
Under the Data Protection Act 1998 You have certain rights regarding access to Your information. You have the right to see a copy of the personal information We hold about You, if You believe that any of the information We are holding is incorrect or incomplete, please let Us know as soon as possible. To provide a copy of the information We may ask You for a small fee.

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