PHONE GUARD POLICY

	PHONE GUARD COVERAGE FORM


	Underwritten by a Member company of AMTRANS FINANCIAL INC of USA

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Premium cost			Deductible (Excess)		Repair costs

COVERAGE PART PROVISIONS
This policy is a legal contract between you and us. Your rights and duties may not be transferred without our written consent. Please read your policy carefully. Throughout this policy the words “you” and “your” refer to the “named insured” shown in the declarations. The words “we”, “us” and “our” refer to the company providing this coverage. The name of the company is also shown in the declarations. The word “loss” means accidental damage, breakdown or theft. “Certificate” means a Phone Certificate issued to a person insured under the Phone Gard program describing the covered mobile phone and period of coverage. The currency used throughout this policy is based on the US Dollar. “Mobile” means Mobile phone or Cell phone. In return for the payment of premium and agreement to follow the policy conditions, we agree with you to provide the coverage as stated in the policy. The premium is shown in the declarations.
1. Who is covered under this policy
	You are covered for “loss” that results from a covered cause of loss to a mobile phone listed on a valid PhoneGard Certificate, but limited to one loss per mobile phone per year for each year this coverage is in effect

2. What is covered under this policy
	We will cover personal mobile phones named in a PhoneGard certificate of protection issued by you, including the battery, after they have been reported to us as covered

3. What is not covered under this policy
	a. Phone that is not listed on a PhoneGard certificate b. Costs that are recoverable under any product warranty or extended warranty; c. Any property not owned by the certificate holder

4. Where coverage applies
	We cover your property covered under this policy anywhere in Australia or New Zealand.

5. Limit of coverage
	In the event of a “loss” we will, at our option: a. Repair or replace the covered Mobile with a functionally equivalent unit. This may include a reconditioned unit. b. Indemnify the user’s liability under the Mobile Phone Contract issued in respect of the covered phone. c. The most we will pay for any one “loss” is AUD$1100 or NZ$1,200

6. Causes of “loss” insured
	We insure against all risks of Accidental Damage, Breakdown or Theft to the covered Mobile Phone except those causes excluded elsewhere in this policy.

7. Causes of “loss” not insured
	We will not pay for a “loss “ which is caused by or resulting from:

	a.	Obsolescence including technology obsolescence;
	b.	Rust, change in colour, texture or finish, wear and tear, and gradual deterioration;
	c.	Delay, loss of market, loss of use, loss of income, business interruption or any other indirect, remote or consequential loss of any kind;
	d.	Unexplained or mysterious disappearance;
	e.	Fraudulent, dishonest or criminal act(s) committed alone or in collusion with others by you and any family members living in the same household, your partners, employees, or other persons to whom the covered property has been entrusted for any purpose;
	f.	Theft or disappearance of the covered mobile phone from a vehicle or building unless it is stored out of sight, (in a locked glove compartment if in a vehicle) and is accompanied by visible, forced entrance and reported to the local police at the time of the loss;
	g.	Normal wear and tear;
	h.	The cost of or due to unauthorised repairs

8. Deductible (Excess)
	You will pay a deductible, as per the following schedule, for each adjusted “loss” to a Mobile Phone, which we will collect from you, prior to settling the loss

	Contract Value			Theft		Repair
	AUD$0-AUD$375 NZ$0 - NZ$430			AUD26 NZ$32		AUD$16 NZ$19.50

	AUD$376 - AUD$725 NZ$431-NZ$870			AUD$65 NZ$78		AUD$20 NZ$24

	AUD$726 -AUD$1,100 NZ$871-NZ$1320			AUD$105 NZ$130		AUD$32 NZ$38

9. Valuation
	a.	In the event of a “loss” the value of the property shall be determined at the time of “loss” and we will, at our option, either repair or replace your property with property of like kind and quality. You will not receive replacement property if the covered repair is less than the cost to satisfy the user’s Mobile Phone contractual liability. You will not receive cash in lieu of repair, replacement or settlement of your Mobile Phone service contract
	b.	In order for this policy to apply, the “loss” must be properly filed as per the conditions outlined in this policy.

LOSS PROVISIONS

10. What duties you have following a “loss”
	a.	You will give our authorized representative, The Atlas Club, notice within 7 days of the “loss”. The notice should include:
			1. How, when, where the “loss” occurred; 2. The covered property involved and type of “loss”.
	b.	You will take all reasonable steps to minimize the “loss” and protect the involved property from any further damage.
	c.	If the “loss” involved a violation of law, you agree to promptly provide notice to the law enforcement agency with jurisdiction. You also agree to provide us with a copy of report.
	d.	You will permit us to inspect the damaged property before it is disposed of.
	e.	You will agree to examinations under oath at our request.
	f.	You will provide us with all pertinent records needed to prove the “loss”.
	g.	You will cooperate with us in the investigation or settlement of the “loss”.
	h.	You will provide us, or our authorized representative, The Atlas Club, a sworn statement of “loss”, including a copy of the police report for theft or attempted theft, containing the information we requested to settle your loss. You must do this within thirty (30) days. Your sworn statement of “loss” must be signed by you

11. Policy Loss Conditions
	a.	You agree that it is a condition of this policy that repairs or replacement must be performed at an Atlas Club authorized repair facility.
	b.	We need not accept any property you abandon.
	c.	If you and we do not agree on the amount of loss, you and we shall each select a competent appraiser within 60 days after receiving a written request from the other. The appraisers shall select an umpire. If they do not agree on an umpire within 15 days, the appraisers shall ask a judge of a court of record of the state in which the appraisal is pending to make the selection. The written agreement of any two of the appraisers and the umpire shall be binding and set the amount of loss. You shall pay the expense of your appraiser and we shall pay for ours. You and we shall share equally the expense of the umpire and the other expenses of the appraisal.
	d.	You may not bring legal action against us under this policy unless you have fully complied with all the agreements and conditions of this policy. The action must be started within one year after you discover the “loss”.
	e.	We will pay or make good any “loss” covered under this policy within 30 days after we reach agreement with you
	f.	This insurance is for your benefit only. No other person or organization having custody of the covered property shall benefit from this insurance.
	g.	No action on our part to recover or save the property from further “loss”, nor any action that we may take in connection with the investigation of a “loss”, shall mean we have given up any of our rights under this policy.
	h.	Each loss paid will reduce the amount of insurance. The total amount of insurance shall not exceed the cost of the phone or the liability remaining under the Mobile Service Contract whichever is lesser.
	i.	We will not pay for any part of a “loss” that has been paid or made good by others.
	j.	If any person or organization to whom we make payment under this policy has a right to recover damages from another, that right must be transferred to us. That person or organization must do everything necessary to assist us, and must do nothing to hinder us in our recovery. Any amount we obtain through recovery or salvage (property saved from the loss) shall accrue to our benefit until the sum we paid has been made up.
	k.	If, by any act or agreement before or after a “loss”, you hinder our rights to recover from other liable parties for the “loss”, we will not pay you for that “loss”; nor will we pay you for any “loss” or damage that you settle or negotiate with others without our consent. You may, however, accept the usual bills of lading or shipping receipts limiting the liability of carriers

GENERAL PROVISIONS

12. General Policy Conditions:
	a.	You may cancel this on the monthly anniversary date of the policy inception date by returning it to us or by giving us advance notice, in writing, stating the date you want it cancelled. Except for premiums which are considered earned upon payment of a claim. We may cancel this policy by sending your written notice at the address shown in the policy. The notice will state the effective date of the cancellation that ends the policy period If we cancel for non-payment of premium, we will send you at least 10 days written notice of cancellation. If we cancel for any other reason, we will send you at least thirty (30) days written notice of cancellation. If this policy is cancelled, you may be entitled to a premium refund. If so, we will send you the refund. The refund will be “pro-rata” (meaning you will pay premium proportionately only for the time the policy was in effect). The cancellation will be effective though no refund has been paid.
	b.	This policy is void in any case of fraud by you relating to it. The policy is also void if you intentionally conceal or misrepresent a material fact concerning
			1) This policy; 2) The covered property; or 3) Your interest in the covered property
	c.	We may examine your books and records as they relate to this coverage at any time during the policy period and up to three years afterward
	d.	Coverage under this policy shall apply to “loss” occurring during the policy period shown on the declarations page and further defines on a valid Phone Gard Certificate. The policy period will begin 12:01a.m. standard time on the date shown on the declarations page
		We may offer to continue this policy for successive periods at our premium schedules and policy provisions then in effect by mailing to you at the address shown in the policy the renewal certificate together with changes in policy provisions (if any).
		You may accept such offer by payment of the required premium on or before the inception date of each such period. We will not decline to renew this policy without mailing to you at the address shown a notice of non-renewable sufficiently prior to the end of the period to conform with statutes.
		The initial policy period shall be the period stated in the declarations page and each successive policy period shall be for a like term thereafter.

PREMIUM SCHEDULE

	a.	Premiums are in US$, charged on a monthly rate in Australian/New Zealand dollars as follows:


	Total Mobile Contract Value			Monthly Premium Including GST
	AUD$0-AUD$375 NZ$0 - NZ$430			AUD$3.30 NZ$4.10

	AUD$376 - AUD$725 NZ$431-NZ$870			AUD$4.40 NZ$5.40

	AUD$726 -AUD$1,100 NZ$871-NZ$1320			AUD$5.50 NZ$6.80

	b.	Premiums are subject to review every 6 months and may be adjusted by the insurer, on all future policies issued under the program, to reflect existing loss ratio and/or exchange rate

	c.	This policy is denominated in US Dollars as the only currency and is converted by The Atlas Club Inc for use in Australia and New Zealand

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