General Terms and Conditions Gadget Protect May 2020
A minimum initial policy period of twelve (12) months applies. At the end of this period, your policy will renew automatically for a period of twelve (12) months, up to a maximum of 60 months in total, unless notification of cancellation is given three (3) months before the renewal date. At the latest 3 months before the maximum period of 60 months lapses, you will receive an official cancellation from Insurer unless the policy was terminated earlier in accordance with the terms of this policy.
- Important information
If your equipment is stolen or has been accidentally damaged during the policy period, Atlas Insurance PCC Limited, in respect of its Gemini Cell (‘Atlas Gemini’) will, at its discretion with due observance of the following definitions, exclusions and conditions, have your equipment repaired or replaced by a replacement device with equivalent functionality. A replacement device can be either new or refurbished.
- Where and when
Your insured equipment is covered during the whole policy period, both in Belgium and when you temporarily take the insured equipment abroad.
- Definitions (in alphabetical order):
- Accessories means:
Every accessory that was purchased together with your insured equipment, with the exception of car kits, installation material, software and content downloads.
- Accidental Damage/Damage means:
Damage as a result of a sudden event that has an external effect on your Insured Equipment resulting in fall, impact and/or moisture damage, as a result of which your Insured Equipment no longer functions correctly and completely, including damage caused by third parties without your permission.
- Administrator means:
Aftersales Group B.V. Aftersales is a company incorporated under Dutch law with its registered office at 151 Achter de Tolbrug, 5211 SM ’s-Hertogenbosch, The Netherlands. The company is registered with the Dutch supervisory authority AFM (Netherlands Authority for the Financial Markets) under number 12042867. The company is authorised to perform activities in Belgium under the freedom to provide services and is registered with the FSMA (Financial Services and Markets Authority) under number 12042867. The Administrator might outsource (part of) Its responsibilities to selected third parties.
- Insured Equipment/Equipment means:
The insured device which, based on the IMEI number or serial number, is registered with the administrator and Is accepted by the Insurer on the basis of a positive diagnostics test performed by the Gadget Protect Service App, as well as accessories that were purchased at the same time with the Insured Equipment. The Insured equipment with associated serial number and/or associated serial number is described in your policy schedule.
- Gadget Protect Service App means:
a Smartphone diagnostics- and service application provided to You by Gadget Protect and that must be Installed on Your Equipment to enable the Insurer to do a proper diagnostics of Your Equipment and to enable You to register Your Equipment with the Administrator for the Gadget Protect Insurance If and when Your Equipment past the diagnostics test.
- Negligence means:
Using the Insured Equipment outside in humid weather conditions -including rain and snow- or whilst practicing watersports, leaving the Insured Equipment outside in bad weather conditions – including rain, wind and snow –, leaving the Insured Equipment without direct and immediate supervision of the Insured. Leaving the Insured Equipment in a place that is visible from outside in a room, home, vehicle, boot, aircraft or visible in a publicly accessible space that is not enclosed.
- Period of insurance means:
A minimum initial policy period of twelve (12) months applies. After this period, your policy will renew automatically for a new period of twelve (12) months unless a cancellation is given at least three (3) months before the renewal date, up to a maximum of 60 months in total. At the latest 3 months before the maximum period of 60 months lapses, you will receive an official cancellation from the Insurer unless the policy was terminated earlier in accordance with the terms of this policy as set out in sub h. Your monthly premium will be collected by direct debit. Provided that the first monthly premium can be collected by the Administrator, the insurance commences Immediately after the successful registration of Your Equipment with the Administrator, provided that the device is not damaged or has been lost or stolen . The start date is stated in the policy schedule.
- Pickpocketing means:
A fraudulent act committed by a Third Party, consisting of the removal of the Insured Equipment from the pocket of a bag or item of clothing worn by the Insured on his body at the time of the theft without physical violence.
- Purchase price means:
The purchase value of the Insured Equipment including VAT but excluding any discounts granted by the sales assistant, as stated on your Policy Schedule.
- Replacement Equipment means:
Equipment that is paid by the insurer to replace your insured equipment. In principle, Replacement Equipment is identical to the Insured’s Mobile Phone (with the exception of colour). If identical equipment is no longer reasonably available to the administrator, the insured person will be given replacement equipment that, in the opinion of the administrator, is equivalent to the insured equipment registered with the administrator. Replacement equipment is always new or refurbished equipment.
- Sneaky theft means:
Theft of the Insured Equipment by a Third Party, consisting of taking, without violence, the Insured Equipment in the presence of the Insured, when the Insured Device was placed within a radius of up to 2 (two) metres of the Insured
- Terrorism means:
Any act, including but not limited to, the use of force or the threat of force, by a person or group of persons acting alone or on behalf of or in connection with any organisation or government committed to political, religious, ideological or similar purposes, with the objective of influencing a government or of frightening the population or part of the population.
- Theft or stolen means:
The removal of your insured equipment by known or unknown persons with the intention of illegally and permanently depriving you of the ownership of your insured equipment.
- Third party means:
Every other person than the Insured, his/her spouse or partner, his/her ascendants or descendants, his/her representatives if the Insured is a legal entity, as well as every other person who did not have permission from the Insured to use the Insured Equipment.
- Unattended means:
When you, or another person older than 18 years to whom you have entrusted your Equipment, do/does not have full visibility of the Insured Equipment or are/is in a position to prevent unauthorised persons from removing your equipment.
- You/Your/Policyholder means:
The policyholder stated in the policy certificate, providing he/she lives in Belgium and is older than 18 years.
- Virus means:
Among other things, but not limited to, Trojan Horses, Worms and any other programme or software that directly or indirectly prevents your insured equipment from working properly.
- Accessories means:
- What is covered
You are covered for Your Insured Equipment against:
Theft preceded by forcible entry/or violence– Your Insured Equipment and accessories will be replaced by Replacement Equipment with equivalent functionality.
- Accidental damage –
Your Insured Equipment will be repaired or replaced by Replacement Equipment with equivalent functionality.
- Accessories –
Up to a maximum value of €150,00 in total for accessories that were damaged or stolen at the same time as the Insured Equipment.
- Worldwide cover –
The cover also applies during a temporary stay abroad.
- Accidental damage –
- What is not covered
Atlas Gemini is not liable for:
Applicable to all forms of damage and theft;
An excess fee applies based on the Purchase Value of Your Insured Equipment:
Purchase Value Excess fee < € 1.099,- € 50,- ≥ € 1.099,- € 75,-
- Costs incurred due to the loss of use of your insured equipment, costs for reconnection, subscription costs of any kind, or any other costs than the direct costs for the repair or replacement of your insured equipment.
- For loss, disappearance or damage of the Insured Equipment as a result of theft not preceded by forcible entry and/or (threat of) violence, or as a result of loss or embezzlement. This also includes incidents such as being left unattended or lost, as well as if this is the result of Pickpocketing or Sneaky theft.
- Damage to external data carriers, such as tapes, films, discs, DVDs, SD cards and software.
- The recovery costs of data on both internal and external data carriers.
- Costs for which the manufacturer, supplier or distributor is liable in accordance with the legal warranty obligations.
- Theft or damage occurring during or as a result of the process of cleaning, repair, or modification without prior permission from the administrator or during seizure or detention by order of a government agency including the police.
- Theft through looting or seizure or damage caused directly or indirectly by:
- War, invasion, foreign hostilities (regardless of whether the war was declared or not), civil war, rebellion, revolution, insurrection, military or unlawfully obtained power, nationalisation, confiscation, claim, seizure or destruction by the government or a government agency;
- Ionising radiation or any form of nuclear contamination;
- Shock waves caused by aircraft or other flying objects moving at sonic or supersonic speeds;
- Terrorism, regardless of other causes or events that simultaneously or in any other order contribute to the damage.
- Theft of insured equipment that is not reported to the administrator within 72 hours or, if that period is not feasible for the Insured, as soon as reasonably possible after discovery, and where not within 72 hours or, if that period is not feasible for the Insured, as soon as reasonably possible, an official report has been drawn up by the police.
- Theft from a vehicle, unless the car was fully locked, the insured equipment was stowed in the glove compartment or the boot and there are demonstrable traces of breaking into the vehicle.
- Theft of insured equipment from any room, unless this room was locked with a lock and was not freely accessible to the public at the time of theft and there are demonstrable traces of it.
- Theft of insured equipment that has been left unattended.
- Theft of Insured Equipment, where the ‘find my iPhone’ setting was not active at the time of the theft insofar as it is standard on the Insured Equipment and must be activated by the Insured himself.
- Cosmetic damage to the insured equipment, such as scratches, scratches and dents, that do not affect the normal functionality.
- Damage to the insured equipment due processing, repair and/or cleaning by the Insured himself/herself and/or by a repair workshop not recognised by Apple, which resulted in the loss of right to legal warranty.
- Damage to the Insured Equipment caused by the use of inferior parts (not new and/or not original Apple parts) during modification and/or repair of the Insured Equipment by the Insured himself/herself and/or by a repair workshop not recognised by Apple.
- Software and defective lamps, tubes, tapes, batteries, SIM cards, antennas, toner kit, drum set, print head and other equipment that due to their nature and use are subject to regular and rapid wear and/or deterioration;
- Any damage to insured equipment that has arisen as a result of Negligence as described in the Definitions that apply to these General Terms and Conditions.
- Damage to accessories unless they are damaged by the same event that also caused the accidental damage to or theft of the insured equipment.
- Any damage to the insured equipment caused by wear and tear, depreciation, insects, vermin, mould or atmospheric or climatic conditions.
- Any damage to the insured equipment caused by failure to comply with the user instructions, the connection, installation and maintenance instructions as described in the manufacturer’s user manual.
- Any damage to the device caused by a virus.
- Any damage that was caused with intent by the insured.
- Our conditions
- Policy period
A minimum initial policy period of twelve (12) months applies, provided the insurer has not cancelled Your policy due to overdue premium(s) as described below. At the end of this period, your policy will renew reautomatically for consecutiveperiods of twelve (12) months, up to a maximum of 60 months in total, unless notification of cancellation is given three (3) months before the renewal date. At the latest 3 months before the maximum period of 60 months lapses, you will receive an official cancellation from the Insurer unless the policy was terminated earlier in accordance with the terms of this policy. The premium applicable to this insurance is collected from you on a monthly basis before the start of the period to which the premium applies by direct debit from the bank account you specified. If the administrator is unable to collect the premium from your account in time, a new direct debit attempt will be made as soon as possible, depending on the reason given by the executing banks. In the event of notification of ‘insufficient balance’ or ‘unknown reason’, up to two new direct debit attempts will be made one calendar week after the last rejected attempt. No new attempt will be made if the direct debit was intentionally bounced or cancelled by you. You will be notified by email of the (definitive) failure of the direct debit. That message will also offer a solution to settle the overdue premium. If the premium due remains unpaid you will be given notice of default in accordance with Article 69 et seq WVLA. This notice of default determines the period within which you must pay the overdue premium. Cover is suspended from the day following the day on which this period ends and ends on the day that all overdue premiums are paid. Damages occurring during this period will also be excluded from cover and remain uncovered, even if the premium due is still paid. Any damage that already occurred before the suspension of coverage comes into effect will be processed in the normal way. A successful direct debit for one or more subsequent premium period(s) will not lead to termination of the suspension if a previous period remains unpaid. The Insurer reserves the right to cancel Your Policy at the same time as the notice of default. In that case, the cancellation takes effect after the period, which may not be shorter than 15 days from the first day of the suspension, lapses.
- Method of payment
Atlas Gemini may, at its sole discretion, proceed to:
- repair or replace the insured equipment (with replacement equipment) and accessories (with a retail value of up to €150,00), or
- pay the Insured a sum of money equal to the costs that Atlas Gemini would have to Incur to provide the insured with replacement equipment and accessories with functionality that reasonably comes as close as possible to the insured device, in the opinion of Atlas Gemini.
The amount paid out will never be higher than the Purchase Price.
- Method of payment
You are obliged to take all reasonable precautions to protect your insured equipment against accidental damage and theft and keep it in a good state of repair.
- Not telling the truth
- If you have intentionally provided incorrect information or have intentionally withheld information that you should reasonably know may affect the risk assessment by the insurer, the insurer may decide to annul the policy while you are taking it out. If your policy is declared null and void on these grounds, no premium refund will be made under Article 59 of the WVLA.
- If the Insured has intentionally provided incorrect information or has intentionally withheld information regarding a claim reported by the Insured, the Insurer may refuse the claim. Your Policy remains valid until the moment it is cancelled by one of the two parties in accordance with the provisions in these General Terms and Conditions.
- Atlas Gemini has the right to reclaim all costs incurred in connection with a claim (including investigation and collection costs) if, after payment of the claim, it still appears that the claim was in any way fraudulent.
- Atlas Gemini can notify the police, government or regulatory authorities of fraudulent acts. Atlas Gemini can also share the details of the fraudulent claims with other insurers, including by placing them on a list of fraudulent claims created by insurers to combat fraud.
- Reporting a claim
As soon as reasonably possible after discovering accidental damage or theft that you think is eligible for coverage under your policy you must:
- In the event of theft or intentional damage caused by a third party without your consent , notify the administrator and the police (or if you are staying abroad, the local equivalent of the police). The police must prepare an official report, even if you are staying abroad, because a copy of this official report is required to assess your claim. You can contact the administrator by calling +32-(0)2-896 2803 or, if you’re calling from abroad, +32 78 15 63 73;
- In the event of accidental damage covered by your policy , inform the administrator within 14 days after the discovery of the accidental damage or, if this is not possible, as soon as reasonably possible. You can do this by calling the administrator on +32-(0)2-896 2803 or, if you’re calling from abroad, +32 78 15 63 73;
- If you do not report the damage in accordance with the above obligations, Atlas Gemini may reduce its service to the extent of the damage suffered by it. If Atlas Gemini can prove fraudulent intent, it will be able to refuse the full insurance performance.
- It is a condition of Atlas Gemini’s liability that payment of your claim always take place according to the method indicated by Atlas Gemini. Your insured equipment must be replaced by Atlas Gemini or by a repair workshop selected by Atlas Gemini. If you do not comply with this, any liability of Atlas Gemini will lapse.
- As soon as you report the theft of your insured equipment, Atlas Gemini is entitled to request that your operator blacklist the equipment.
- You can be asked to fill in an application form or provide additional information about your claim. Any lack of cooperation on your side can delay the assessment of your claim.
- Your age and address
You must be at least 18 years old at the time of the purchase of your policy and live in Belgium during the policy period.
- Changes to the Insured Equipment or other information
The Insured must give the administrator timely notification of changes to the information on which this policy is based, such as the address, bank details and email address of the Insured. Changing the insured equipment is only possible if the device is new, properly functioning and undamaged and the change has been communicated to Atlas Gemini within 7 days after the purchase date by sending an email to GadgetProtect@Aftersalesnl.nl. Atlas Gemini reserves the right to request that the purchase receipt of the new device be presented. Atlas Gemini is not liable for the costs of repairing or replacing equipment other than the registered insured equipment.
- Cancelling your policy
You have the right to cancel your policy within 14 days after:
- The day that you were notified that your policy has entered into effect or
- The day on which you received the full general terms and conditions of your policy
After receipt of your cancellation request, the already paid premium for the policy period after the cancellation enters into effect will be refunded.
Furthermore, the following applies:
Cancellation by both parties is in principal only possible in the cases determined by law.
In addition, the Policyholder can cancel the Policy if the Insured Equipment is no longer in the possession of the Insured, is no longer used by the Insured on a daily basis or no longer represents the value on the basis of which the Policy was initially concluded. The cancellation enters into effect after a period of at least one month from the day following the notification.
Cancellation of the Policy by one of the parties must take place by means of:
- -A cancellation letter with acknowledgement of receipt;
-A registered letter;
-A bailiff’s notification.
- Changes to your policy
Atlas Gemini may change the terms and conditions of your policy at any time insofar as they have no material impact on the Insured according to the criteria of reasonableness and fairness.
Substantial changes to the terms and conditions of your policy, including but not limited to the premium, excess, claim procedures or right of cancellation for future policy periods, can only be implemented by Atlas Gemini after it has received the policyholder’s agreement to the changed policy conditions.
In the event of substantial changes to the terms and conditions of your policy, you have the right to cancel the Policy for three (3) months after receiving the announced change. Such changes need to be announced by the Insurer at least three months before they go Into effect.
If you have not cancelled the policy during this period and Atlas Gemini receives the next monthly premium, this will be considered as your agreement with the changed policy conditions.
- What to do if You are not satisfied with Atlas Gemini
Atlas Gemini will do everything possible to provide you with a perfect, professional and reliable service. Should you, however, have a complaint about this service, you can always report it to the Insurance Ombudsman; De Meeûssquare 35, 1000 Brussels, Belgium, +32-(0)2-896 2803, email@example.com. However we suggest to first report the complaint to us in order to increase the chances to resolve your complaint as quick as possible. In that case we advise you to report your complaint to to Aftersales Group BV, which acts on behalf of Atlas Gemini as the policy administrator. You can contact Aftersales Group by calling +32-(0)2-896 2803, or by sending an email to GadgetProtect@Aftersalesnl.nl. Aftersales Group’s postal address is:
Achter de Tolbrug 151
5211 SM ’s-Hertogenbosch, The Netherlands
The administrator will try to resolve your complaint or problem within 24 hours. If this is not possible, the administrator will confirm your complaint within 5 working days of receipt and provide a definitive answer within 8 weeks.
In the unlikely event that the administrator’s response is found to be unsatisfactory, the complaint can be reported to Atlas Insurance PCC Limited (Gemini Cell) 47-50 Ta ’Xbiex Seafront, Ta’ Xbiex XBX 1021, Malta.
If, after involving these authorities, your complaint has still not been satisfactorily resolved, you can ask the following organisation to review the case: Office of the Arbiter for Financial Services, 1e Floor, St Calcedonius Square,
Floriana FRN 1530, Malta, Tel +356 21249245 (overseas call charges apply),
Email firstname.lastname@example.org; Web www.financialarbiter.org.mt.
The Arbiter’s office expects you to have a definitive written answer from Atlas Gemini before they can accept your case, so bear in mind that you must first have it before you can approach the Arbiter.
The European Commission has an online dispute commission for Consumers who have a complaint about a product or service that has been purchased online. If you choose to submit your complaint in this way, it will be forwarded to an independent complaints organisation that will ultimately handle the matter entirely online and will respond within 90 days. The internet address for this online dispute commission is: https://ec.europa.eu/consumers/odr. Please remember to always state our email address GadgetProtect@Aftersalesnl.nl. Please note that this independent complaints organisation can only consider your complaint after we have had the opportunity to arrive at a solution.
The above complaints procedure does not affect your right to submit your complaint to the competent courts and tribunals.
- Requirements and wishes
Your insurance meets the requirements and wishes of a person who wishes to protect his or her insured equipment against the risk of theft and damage.
- Your insurer and the liability clause
This insurance is underwritten by Atlas Insurance PCC Limited, from its Gemini Cell (‘Atlas Gemini’).
Atlas Insurance PCC Ltd is a company incorporated under Maltese law with its registered office at 47-50 Ta ’Xbiex Seafront, Ta’ Xbiex XBX 1021, Malta. Atlas Insurance PCC is authorised by the Maltese Financial Services Authority, Notabile Road, tt’Attard BKR 3000, Malta, Tel.: +356 2144 1155, https://www.mfsa.com.mt/ (C5601). The company acts in Belgium under the freedom to provide services and is registered with the National Bank of Belgium under number 2856 (NBB – Berlaimontlaan 14, 1000 Brussels, www.nbb.be).
For this insurance, Atlas acts from its Gemini Cell, a protected cell that was established within the applicable Protected Cell Company regulations and is owned by Aftersales Group BV. Atlas Insurance PCC Ltd is established at 47-50 Ta’ Xbiex Seafront, Ta’ Xbiex XBX 1021, Malta.
Atlas can create one or more protected cells for the purpose of separating and protecting cellular assets (capital). The assets of the Gemini Cell are then protected against the liabilities and losses of the other Atlas cells and those of Atlas’s core business itself. By accepting these terms and conditions you agree:
- that you are only entitled to make a claim under this insurance; and
- that your rights and claims arising from this policy are primarily settled from the assets of Gemini Cell that are available for settlement of claims when your claim to Atlas Gemini is registered; and
- that only when Gemini Cell’s assets have been exhausted, Atlas non-cellular assets will be used to meet any of Gemini Cell’s liabilities; and
- that a claim cannot be made on the assets of another of Atlas’s protected Cells.
In this way, the capital of your insurer, Atlas Gemini, is protected at all times against possible shortfalls in the core activities of Atlas or at one of the other protected cells. Conversely, in the unlikely event of a shortfall at Atlas Gemini, continuity is secondarily guaranteed by the Atlas non-cellulaire assets.
By taking out this insurance, you acknowledge and agree that this insurance is underwritten by Atlas Gemini and that you are aware of the provisions of the PCC Regulations as stated above, which apply to Atlas Insurance PCC Ltd and the Atlas Gemini Cell. You further agree that this clause (l.) of the general terms and conditions is governed by Maltese law and that any dispute regarding this clause must be submitted to the Maltese court. You guarantee that you are free in the choice of law and forum with regard to disputes arising from this policy clause. Your acceptance of this clause and your freedom of choice of law and forum regarding disputes arising from this clause are of substantial importance to Atlas in the preparation of this policy.
This insurance is offered by Aftersales Group BV, which acts on behalf of Atlas Gemini.
Aftersales Group BV is a private company with limited liability with its registered office in Achter de Tolbrug 151, 5211 SM ‘s-Hertogenbosch, The Netherlands, registered with the Chamber of Commerce under number 55498833, and is a recognised insurance broker in the Netherlands, authorised and regulated by the AFM with registration number 12042867. Aftersales Group BV is also registered in Belgium as an insurance broker active under the freedom to provide services under number 12042867.
All communication between you and Atlas Gemini and/or the administrator on the one hand is conducted through the email address or postal address provided by you during the registration of the policy. Our email address is: GadgetProtect@Aftersalesnl.nl and our telephone number is +32-(0)2-896 2803.
- Your rights
Your rights as a customer to take legal action remain unaffected by the existence or use of said complaints procedures.
- Protection of your personal data
Atlas Gemini is the administrator (Data Controller) of your personal data that is stored by us. Atlas Gemini and the Administrator (Us) will only use the information provided by you for the creation of your Policy and possibly during the reporting of a claim for policy administration, customer service, claims and fraud prevention, including the possible transmission of your data to other insurers and regulatory authorities and to verify your data on the basis of data from third parties to which we have legal access. For these purposes we may disclose data to our subsidiaries, service providers, agents and suppliers.
You hereby confirm that all data from a third person that you may have provided to us in connection with the registration and execution of your Policy has been provided with the consent of this third person. You also agree to receive communications regarding the protection of this data from Atlas Gemini on behalf of this third person .
We only store your data for the period required to fulfill all our obligations arising from this Policy, unless a longer retention period is legally required.
- Which laws apply and which courts are competent
Belgian law applies to this policy and disputes relating to the rights arising from the policy are submitted to the Belgian courts and tribunals, with the exception of that which is described in Article l. If a dispute arises regarding the protected cell construction of Atlas, then Maltese law applies.
This policy is underwritten by Atlas Insurance PCC Ltd, acting from its Gemini Cell Company. Atlas Insurance PCC Ltd is a company incorporated under Maltese law with its registered office at 47-50 Ta ’Xbiex Seafront, Ta’ Xbiex XBX 1021, Malta. Atlas Insurance PCC is authorised by the Maltese Financial Services Authority, Notabile Road, tt’Attard BKR 3000, Malta, Tel.: +356 2144 1155, https://www.mfsa.com.mt/ (C5601). The company acts in Belgium under the freedom to provide services and is registered with the National Bank of Belgium under number 2856 (NBB – Berlaimontlaan 14, 1000 Brussels, www.nbb.be).
- Policy period