POLICY AND DISCLOSURE NOTICE (“THE POLICY”) FOR THE SHORT-TERM INSURANCE BENEFITS WHICH FORM PART OF THE OPTIONAL CLUB PRODUCT (“CLUB”)
Important – please read carefully
As a short-term insurance policyholder, or prospective policyholder, you have the right to the following information:
1. Matters of importance
• You must be informed of any material changes to the information relating to the insurer and the intermediary.
• If material information was given orally, it must be confirmed in writing within 30 days.
• If any complaint to the intermediary or insurer is not resolved to your satisfaction, you may submit the complaint to the Registrar of Short-term Insurance.
• A polygraph or any lie detector test is not obligatory in the event of a claim and the failure thereof may not be the sole reason for repudiating a claim.
• If the amount is paid by debit order:
(i) it may only be in favour of one person and may not be transferred without your approval; and
(ii) the insurer must inform you at least 30 days before the cancellation thereof, in writing, of its intention to cancel such debit order.
• The insurer and not the intermediary must give reasons for repudiating your claim.
• Your insurer may not cancel your insurance merely by informing your intermediary. There is an obligation to make sure the cancellation notice has been sent to you.
• You are entitled to a copy of the policy free of charge.
• Do not sign any blank or partially completed application form. • Complete all forms in ink.
• Keep all documents handed to you.
• Make a note as to what is said to you.
• Don’t be pressurised to buy Club; Club is an optional and additional product.
• You have the right to reject the proposal or offer of Club. It is your choice.
• Incorrect or non-disclosure by you of relevant facts may influence an insurer on any claims arising from your contract of insurance.
3. Particulars of Regulators who are available to advise you in the event of complaints that are not satisfactorily resolved by the intermediary and/or the insurer:
(a) Short-term Ombudsman
P O Box 32334, Braamfontein, 2107, Tel: 011 726 8900; Fax: 011 726 5501
(b) Registrar of Short-term Insurance
P O Box 35655, Menlo Park, 0102, Tel: 012 428 8000; Fax: 012 347 0221
(c) The FAIS Ombudsman
P O Box 74571, Lynwood Ridge , 0400, Tel: 012 470 9080 /99; Toll free: 0860 324 766 Fax: 012 348 3447, Email: [email protected]
DISCLOSURE DETAILS FOR THE INSURANCE BENEFITS WHICH FORM PART OF CLUB
Guardrisk Insurance Company Limited (“the Insurer”), 1992/01639/06, Alexander Forbes Place, 115 West Street, Sandton.
P O Box 781692, Sandton, 2146, Tel: 011 669 1000; Fax: 011 669 1931, Compliance Officer: 011669 1039.
An Authorised Financial Service Provider, with FSP number 75.
Name, class or type of policy involved:
Short-term insurance: death benefit and account settlement.
Foschini Retail Group (Pty) Ltd (“Foschini”), 1988/007302/07, 340 Voortrekker Road, Parow East, 7501, Cape Town, P O Box 6020, Parow East, 7501, Cape Town.
Tel: 021 938 1911 Fax: 021 938 7473, External Compliance Officer: Loren Basson, tel: 0861 273783. Foschini has Fidelity Guarantee insurance cover and Professional Indemnity insurance.
For a copy of the Foschini Complaints Resolution Policy, please contact Customer Services on 0860 576 576.
For a copy of the Foschini Conflict of Interests Policy, please contact Customer Services on 0860 576 576.
Foschini is an authorised Financial Services Provider and registered credit provider (NCRCP # 36 and FSP # 32719).
Foschini is a company incorporated in terms of South African company legislation. It performs services as an intermediary under the Short-Term Insurance Act and Financial Advisory and Intermediary Services Act, entering into short-term policies. It has an agreement with the Insurer, a cell captive insurer, and has the necessary mandates to act on behalf of the Insurer.
No commission is received.
Claims notification procedure:
Claimants (being the beneficiary) should approach their closest The Foschini Group store and request a claim form. The details thereon must be fully completed. The store staff will provide any assistance required. Foschini will only deal with the beneficiary. In addition, the beneficiary must take the following documents to the store:
• A certified copy of the deceased account-holder’s death certificate;
• A certified copy of the deceased account-holder’s identity document;
• A certified copy of the beneficiary’s identity document;
• Any other documents or information that Foschini requires, including affidavits as detailed on the claim form.
The store will fax these documents to Foschini’s Insurance Claims Department. In the event of any queries, the Insurance Claims Department’s sharecall number is 0860 000 388. Please contact Foschini’s Insurance Claims Department for a copy of Foschini’s Claims Process.
POLICY DETAIL FOR THE INSURANCE BENEFITS WHICH FORM PART OF CLUB
THE INSURED (“YOU” OR “INSURED”)
The Foschini consumer named in the Credit Facility and who has chosen to subscribe to Club, and to whom the Club insurance benefits relate.
The Foschini Group store account held in the name of the Insured.
The death of the Insured during the currency of this Policy.
THE SUM INSURED
SECTION A The Balance of Indebtedness up to a maximum of R1 500
SECTION B R2 000
Subject to the terms, exclusions and conditions (whether precedent or otherwise) and in consideration of, and conditional upon, the payment of the amount by or on behalf of the Insured and receipt thereof by or on behalf of the Insurer, the Insurer agrees to compensate the Insured by payment of the benefits in respect of an Insured Event occurring during the period of insurance up to the sums insured, limit of indemnity, compensation and other amounts specified.
GENERAL EXCLUSIONS APPLICABLE TO THE INSURANCE BENEFITS WHICH FORM PART OF CLUB
1. The Insurer shall not be liable in the event that the Insured’s death is related to or caused by:
1.1 War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not) or civil war;
1.2 (a) Mutiny, military rising, military or usurped power, martial law or state of siege, or any other event or cause which determines the proclamation or maintenance of martial law or state of siege military or usurped power;
(b) Insurrection, rebellion or revolution;
1.3. Any act (whether on behalf of any organisation, body or person, or group of persons) calculated or directed to overthrow or influence any State of Government, or any provincial, local or tribal authority with force, or by means of fear, terrorism or violence;
1.4 Any attempt to perform any act referred to in clause 1.3 above;
1.5 The act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any occurrence referred to in clauses 1.1 to 1.4 above.
If the Insurer alleges that by reason of clauses 1.1 to 1.5 of this exclusion, the death of the Consumer is not covered by this Policy, the burden of proving the contrary shall rest on the Consumer.
2. The Insurer shall not be liable for loss or damage caused directly or indirectly by or through or in consequence of any occurrence for which a fund has been established in terms of the War Damage Insurance and Compensation Act, 1976, or any similar Act operative in any of the territories to which this Policy applies.
3. This Policy does not cover
(a) any consequential loss;
(b) any legal liability of whatsoever nature directly or indirectly caused by or arising from ionizing radiation or contamination by radio activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel. For the purpose of this exclusion only, combustion shall include the self- sustaining process of nuclear fission.
4. The indemnity provided by this Policy shall not apply to nor include any loss directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.
5. The Insurer shall not be liable in respect of death arising directly or indirectly from:
(a) the Insured being affected (temporarily or otherwise) by alcohol, drugs or insanity:
(b) the Insured committing or attempting to commit suicide or wilful self-injury;
(c) war, invasion, riot, civil commotion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, mutiny, revolution, insurrection or military or usurped power;
(d) any bodily injury or illness / sickness which has its origin prior to the coming into effect of this Policy.
6. The cover afforded by this Policy shall terminate as provided for under the heading “Club Amount”.
The following definition will apply to the terms used in this Policy as regards the insurance benefits which form part of Club:
“Balance of Indebtedness” shall mean the outstanding balance owed by the Insured to Foschini under and in terms of her/his Credit Facility at the date of death of the Insured, less any arrear instalments including any interest payable on such arrears.
SECTION A – ACCOUNT SETTLEMENT
In the event of the death of the Insured during the currency of the Credit Facility, the Insurer will settle the Balance of Indebtedness, up to a maximum settlement amount of R1 500.
The monthly premium for the Account Settlement benefit is R0.30, which is included in the Club amount.
Disclosure in terms of Section 106(5)(b) of the National Credit Act 34 of 2005
Please take notice that, in terms of Section 106 (5) (b) of the Act, the purchase of the credit insurance policy proposed by Foschini to You accrues the following:
Costs of the credit insurance for which You are liable
Commission payable to Foschini in relation to the Policy
The Insured has the right to substitute the above credit insurance policy with a credit insurance product of the Insured’s choice.
SECTION B –DEATH BENEFIT
In the event of the death of the Insured during the currency of the Credit Facility, the Insurer will pay an amount of R2 000, which amount shall be paid by the Insurer to the Insured’s beneficiary. This benefit is in addition to the cover provided by Section A (Account Settlement) of the Policy.
The monthly premium for the Death benefit is R0.68, which is included in the Club amount.
GENERAL CONDITIONS APPLICABLE TO THE INSURANCE BENEFITS WHICH FORM PART OF CLUB
1. Notification of all claims under this Policy shall be made to the Insurer by Foschini on behalf of the Insured.
2. The Insured shall not be entitled to any benefits under this Policy unless all the conditions hereof have been complied with.
3. All benefits under this Policy shall cease immediately on the cancellation or termination of the Policy or non-payment of the amount each month, subject to a grace period of 15 days after the due date. If payment is not received by the end of the grace period, cover will cease from the due date.
4. The Insured acknowledges that the amount will attract interest in instances where the payment plan attracts interest; such interest is retained by Foschini, and is levied at the same rate as that applicable to the relevant Credit Facility.
5. Where the Insured disputes the Insurer’s rejection of her/his claim (which Foschini does on behalf of the Insurer), the Insured has 90 (ninety) days from the date of receipt of the rejection letter to make representations (in writing) to the Insurer in respect of this decision. If the dispute is not resolved at the end of this period then the Insured must within a further 180 (one hundred and eighty) days institute legal action by way of the service of summons against the Insurer, failing which the Insured will forfeit her/his claim and no liability can arise in terms of such claim. The Insurer is not liable after 12 (twelve) months have expired from the date of the Claim Event, unless the claim is the subject of a pending court case between the Insurer and the Insured, or subject to arbitration, or is a claim for sums of money for which the Insured may become liable.
6. The Policy may be cancelled by Foschini or the Insurer by giving 1 calendar month’s notice to the other party to her/his last known address. On receipt of such notice of cancellation by the Insurer, Foschini shall notify the Insured. Such cancellation shall have the effect of prohibiting the issue of further insurance in respect of any Credit Facility within 6 calendar months of the date of such notice and of invalidating all insurance issued within 6 calendar months of the
7. This Policy shall be voidable in the event of any relevant misrepresentation, fraud, mis-description or non-disclosure.
8. All claims under this Policy must be made in writing with supporting documentation and be received by Foschini within 3 months after the incident in the event of unnatural death, and within 4 months of the incident in the event of death occasioned by natural causes.
1. All claims under this Policy must be made in writing. Foschini shall furnish to the Insurer such proof as they have been able to obtain from the beneficiary of the Insured relating to such claim.
2. The Insurer shall be entitled to request any doctor or other person who may be in possession of, or hereafter acquires, any information concerning the health of the Insured during the currency of the Policy to disclose such information to the Insurer and such entitlement shall remain in force after the death of the Insured as well as prior thereto.
1. The amount for Club is billed monthly, and cover/benefits endure/s until the next monthly billing. 2. A grace period of 15 days is allowed for payment after the due date. If payment of the Credit Facility instalment due is not made by the end of the grace period, cover will be suspended from the due date.
3. If the Insured subscribed to Club prior to 1 August 2014: Where the Insured elects not to be charged the Club amount if the Insured’s Credit Facility has a zero or credit balance, no cover and
benefits will be in force. When the Insured’s Credit Facility becomes active again, which means that the Insured made a purchase on the Insured’s store account, Club cover and benefits will automatically start again.
If the Insured subscribed to Club on 1 August 2014 or thereafter: The Club amount will be billed whether the Insured’s Credit Facility has a debit balance, a balance of zero or a credit balance and the cover and benefits will be in force regardless of the balance.
4. By agreeing to subscribe to Club, the Insured consents to Foschini debiting and collecting the Club amount from the Insured’s Credit Facility every month; in addition to this Policy, the terms and conditions of the Credit Facility will apply.
5. Where the Insured’s Credit Facility is frozen as provided for in the National Credit Act, the Club amount cannot be billed to the Credit Facility and cover/the benefits will lapse.
TREATING CUSTOMERS FAIRLY
Foschini has created a superior solution – encompassing products, processing and service – tailored to each of its customers’ requirements. Foschini will, at all times, deliver a superior customer experience, simplifying and improving its customers’ lives. Foschini will achieve this through a motivated team of skilled people, absolute fairness in its treatment of its customers and partners and complying with the principles and outcomes of Treating Customers Fairly. These are:
- You are confident that your fair treatment is key to Foschini’s culture.
- Products and services are designed to meet your needs.
- Foschini will communicate clearly, appropriately and on time.
- Foschini is not licensed to give advice. Queries regarding advice must be referred to
- Foschini’s products and services meet your standards and are of an acceptable level.
- There are no barriers to access Foschini’s services or to lodge any complaints.
(04 04 2017)