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Insurance terms and conditions
for the Virgin Mobile service
Definitions

1. "We/Us/Our" shall mean Virgin Mobile Telecoms Ltd.

2. "You/Your" shall mean the private individual detailed on Our customer record form.

3. "Equipment" shall mean the Virgin Mobile phone and its battery and mains charger as detailed on Our customer record, purchased for use on the Virgin Mobile service.

4. "Unattended” shall mean where You are not in a position to prevent the physical loss, theft of or damage to the Equipment, including whilst You are asleep.

5. Payment of the Premium means when the cheque or credit card payment has cleared from your bank account.

UK Underwriting Ltd on behalf of Norwich Union Insurance Limited (the ’Insurer’), will in return for you paying the premium pay the cost of repair or replacement of the Equipment which has sustained physical loss or damage during the 12 month period of insurance as a result of malicious or accidental damage, accidental loss or theft.

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Conditions

Repair/Replacement
The Insurer will repair the Equipment or, at its option, replace the Equipment with equipment which, in the opinion of the Insurer, is of equivalent specification and which may include reconditioned equipment. Replaced Equipment becomes the property of the Insurer.
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Reasonable Precautions
You must take all reasonable precautions to protect the Equipment from loss, theft or damage and must use the Equipment in accordance with the manufacturer's instructions.
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Fraud
The Insurer will not have to comply with this policy in the event of fraud, false claims or non-disclosure of material facts on your part.
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Territory
This Policy shall only apply to You if You are permanently resident in the United Kingdom and whilst You are temporarily travelling in any other country where the Equipment is usable, for a maximum of 90 days in any one calendar year.
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Claims
On discovery of any incident that may give rise to a claim under this Policy You must:
notify Us within 24 hours and begin the claim procedure;
where the claim is for theft or loss, notify Us within 24 hours to immediately bar Your customer account with Us in respect of the Equipment and to begin the claim procedure;
notify the Police within 24 hours in the event of theft, loss or malicious damage and obtain a crime reference number or where available a Police report;
complete and return the claim documentation as directed.
For the Insurer to be liable the Equipment must be repaired or replaced by the Insurer or an authorised repairer nominated by the Insurer.
The Insurer will not be liable if you do not comply with any of the conditions (a) to (d) above.
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Cancellation

If within 28 days of purchasing the Policy You decide that the Policy is not suitable for Your needs please advise us by calling 0845 6000 789 and you will receive a full refund (subject to no claims being made). After the 28 day period and subject to Condition 7 below the Policy is for an annual period. However if We wish to cancel this policy, 30 days notice in writing will be provided to Your last known address and a pro-rata return of premium will be payable to you.

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Total Loss Exhaustion
Following a valid claim which results in the Equipment being replaced, all cover under the Policy will cease without any return of premium. If cover is required on the replacement equipment a further application and premium will be required.
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General Exclusions

This policy shall not apply in respect of:

Loss of use of the Equipment nor any consequential loss of any nature whatsoever.
Any loss, theft or damage:
caused by a wilful act or negligence of You, Your employees or any person using the Equipment with Your permission;
caused by war risks, terrorism, sonic booms or nuclear radiation.

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Specific Exclusions

The Insurer shall not be liable in respect of:

The first £25 of any claim for loss or theft or damage;
The cost of replacing any personalised ring tones or graphics.
Any damage of fault caused by any form of electronic virus.
Any process of cleaning, servicing, maintenance, adjustment or repair;
Any defects for which the manufacturer, supplier or distributor is liable in accordance with their standard warranty obligations;
Any cost, of whatsoever nature, arising from incorrect use of security codes, programming errors or incorrect operation;
The Insurer will not meet any claim caused by or attributable to:
Loss or theft or malicious damage unless reported to the police within 24 hours of discovery;
Loss or theft of Equipment left Unattended in a public place or a place to which the public has regular access;
Theft by the third party where the Equipment is hired or rented by or lent to a third party;
Theft of Equipment from any premises or vehicle unless the Equipment is secured out of sight in a separate compartment within the premises or vehicle and the premises or vehicle have been securely locked and there is evidence of physical damage to the premises or vehicle as a result of forcible or violent entry;
Theft of Equipment from any open topped or convertible vehicle;
Loss or theft of Equipment left Unattended on or in any form of public transport including but not limited to public and private hire vehicles;
Any loss or theft where the Equipment has been misplaced in an unknown location or its whereabouts forgotten.
By applying and making payment for this Policy You will be deemed to have read, understood and accepted these Terms and Conditions.

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Important note

You are reminded that it is essential you provide all material information likely to influence the acceptance and assessment of this insurance. If you have any doubts as to whether a fact is material it should be disclosed. Failure to disclose any material facts may invalidate your policy or may result in your policy not operating fully. We may also respond to enquiries by the Police concerning your policy in the normal course of their investigations. Where it is necessary to administer your policy effectively or to protect your interests, we may disclose the personal data you have supplied to other third parties such as loss adjusters, repairers, replacement companies, other insurers etc.

Data Protection: the data supplied will only be used for the purposes of processing your policy of insurance, including underwriting, administration and handling any claim which may arise. The data supplied will not be passed to any other parties other than those, whom we have mentioned in this Form. It is important that the data you have supplied is kept up to date. You should therefore notify us promptly of any changes so that we may update our records.

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Complaints procedure

In the event of a complaint arising under this Insurance, you should in the first instance write to: -

The Managing Director
Catalyst Solutions
Adminicle Ltd
Callidus House
Cirencester Business Park
Love Lane
Cirencester
Gloucestershire
GL7 1XD

If the matter still remains unresolved thereafter you can then write to the Insurers at:

UK Underwriting Ltd
2 Gibraltar House
Bowcliffe Road
Off Gibraltar Island Road
Leeds
LS10 1RJ

Once you have been through this procedure, if you are still not satisfied, you will also have the right to ask the Financial Ombudsman Service to review your case, without prejudice to your right to take legal proceedings, at the following address:

Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London
E14 9SR

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