This Combined Product Disclosure Statement (PDS) and Financial Services Guide (FSG) is a document that outlines the ins and outs of Brightside Accidental Damage Cover. It tells you what is included and what isn’t. It’s important to read this before purchasing one of the three levels of Cover.
We’re happy to answer any questions you may have about the PDS & FSG. You can also check the FAQs page for some quick answers or simply contact us for more information!
Product Disclosure Statement (PDS)
About this PDS
A PDS is a document required by the Corporations Act 2001 (Cth) and contains information designed to help you decide whether to buy this product and to assist/help you compare it with other products you may be considering.
This Brightside Accidental Damage Cover PDS sets out the cover available and the terms and conditions which apply. Please note that any advice in this document is general in nature only and does not take into account your personal objectives, financial situation or needs. Before you make any decision about the product, you should read this PDS carefully to ensure that it is suitable for you.
This PDS, together with the policy schedule and tax invoice and any written document we tell you forms part of your policy and makes up your contract with us. Please retain these documents in a safe place.
Understanding this Product and its important Terms and Conditions
To properly understand this policy’s significant features, benefits, limits, conditions and exclusions you need to carefully read the PDS including the following sections:
- Purchasing this Product – this contains important information on who can purchase this product, applicable excesses and the period of cover;
- Your Policy Cover tells you about the cover, and limits on the amount we will pay, when we will and will not pay a claim under the cover provided to you and exclusions that apply (Exclusions), (remember, certain words have defined meanings – see Definitions);
- Important information – this contains important information on your duty of disclosure (including how the duty applies to you and what happens if you breach the duty), our privacy notice and dispute resolution process, the Financial Claims Scheme, and more;
- Claims – this sets out important information about how we will consider claims. It also sets out certain obligations that you and we have. If you do not meet the claims obligations we may deny part of, or all of the claim, to the extent permitted by law.
Applying for cover
When you apply for your policy, we will confirm with you things such as the period of cover, your level of cover, your premium, what excesses will apply, and whether any standard terms are to be varied.
These details will be recorded on the policy schedule issued to you.
If we are unable to offer you the cover you seek, it will be because the particular product offered is not designed to cover a particular risk or risks.
This PDS sets out the cover we are able to provide you with. You need to decide if the benefit limits, type and level of cover are appropriate for you and will cover your potential loss. If you have any queries, would like to discuss your options, want further information about this product or want to confirm a transaction, please contact us using the contact details on the back cover of this document.
Your duty of disclosure
When you apply for insurance, you have a duty of disclosure under the Insurance Contracts Act 1984 (Cth). We will ask you questions that are relevant to the decision whether to insure you and on what terms. When answering these questions, you must tell us everything that you know and that a reasonable person in the circumstances would include in their answer. For full details of your duty of disclosure refer to the section headed ‘Important Information’.
About your premium
You will be told the premium payable for your policy when you apply. In calculating the premium, we take into account a number of factors including the level of cover chosen, the period of cover chosen, the price and type of device you want to cover, and the limits of cover provided. The amount of any excess payable is also included in the calculation of your premium.
Your total premium reflects the amount we calculate to cover these factors as well as any relevant government charges, taxes or levies (such as stamp duty or GST) in relation to your policy. These amounts are included in the total amount payable by you as shown in your policy schedule.
Even after you have purchased your policy, you have cooling-off rights.
If you decide that you do not want your policy, you may cancel it within thirty (30) consecutive days after you are issued your policy schedule. You will be given a full refund of the premium you paid, provided you have not made a claim or exercised any other right under your policy. If you cancel your policy during the cooling-off period, you will not be able to make a claim or exercise any other right under your policy.
After this cooling-off period ends, you can still cancel your policy (see the ‘Important Information’ section for details).
About the Insurer
The insurer of this Brightside Accidental Damage Cover is International Insurance Company of Hannover SE – Australian Branch ABN 58 129 395 544, AFS License number 458776 (Inter Hannover) of Tower 1, Level 33, 100 Barangaroo Avenue, Sydney, NSW 2000, Tel +61 2 8373 7580.
Inter Hannover is authorised to carry out insurance business in Australia by the Australian Prudential Regulation Authority in accordance with the Insurance Act 1973 (Cth). International Insurance Company of Hannover SE is registered in Germany, with its registered office at Roderbruchstraße 26, 30655 Hannover, Germany with registration number HRB211924 authorised by Bundesanstalt für Finanzdienstleistungsaufsicht. It is authorised to carry on insurance business in Germany under the German Insurance Supervisory Act.
About Brightside Cover
Brightside Cover, a trading name of ICF Protection Plus Pty Ltd ABN 27 139 212 972 (Brightside Cover) of 34 Brookhollow Avenue, Baulkham Hills NSW 2153, AFS License number 475125 is an Australian Financial Services Licensee authorised to issue, deal in and provide advice on general insurance products.
Brightside Cover has a binding authority from Inter Hannover which means it can issue, vary or cancel these insurance products provided it acts within the binding authority. When providing these services, Brightside Cover acts for Inter Hannover and does not act on your behalf. Brightside Cover has also been authorised by Inter Hannover to settle any claims under the Brightside Accidental Damage Cover on behalf of Inter Hannover.
Updating the PDS
We may need to update this PDS from time to time if certain changes occur where required and permitted by law. We will issue you with a new PDS or a supplementary PDS to update the relevant information except in limited cases. Where the information is not something that would be materially adverse, from the point of view of a reasonable person considering whether to buy this product, we may update our website or we may issue you with notice of this updated information (you can get a paper copy free of charge by calling the contact number shown on the back cover of this document).
The preparation date of this PDS is XX October 2018.
Summary of Cover
You can choose from 3 levels of cover. The table below provides a quick summary of the benefits available for each level of cover.
This table is a summary only. It does not include all of the policy conditions, limits and exclusions. You will need to refer to the relevant sections of the PDS for full details. We will determine whether to repair, replace or pay you up to the benefit limit in relation to a relevant covered theft, accidental loss or accidental damage event, less the relevant excess.
- indicates that cover is provided under a specific level of cover, subject to the terms and conditions of the policy.
- indicates that cover is not provided under a specific level of cover.
*Theft or accidental loss of your device must be reported to the police within twenty-four (24) hours of the discovery of the theft or accidental loss. A copy of your police report must be provided to us on request and a signed statutory declaration may be required for an accidental loss claim. We may also ask you to provide us with evidence of forcible entry for any theft claims. The theft or accidental loss of your device that is capable of connecting to a telecommunications network must also be reported to your telecommunications service provider and its unique IMEI number blocked within twenty-four (24) hours of discovery of the theft or accidental loss (we may require you to provide evidence that a report was made).
Headings, where appearing, are for reference only and do not affect interpretation. When the following words and phrases appear in bold black type in this PDS, your policy schedule or any other document we tell you forms part of your policy, they have the meanings given below. The use of the singular shall also include the plural and vice versa.
accessories: means goods other than the device supplied by the OEM in your device’s original packaging. Accessories are only covered when they are attached to, or part of, your device and will only be covered as part of a valid claim for your device. No stand-alone cover is provided for accessories.
accident, accidental, accidentally: means an unexpected, unintentional and unforeseen event not expected or intended by you and outside of your control.
accidental damage: means damage resulting as a direct consequence of an identifiable accident affecting your device that is not planned by you but does not include accidental loss or theft or attempted theft.
accidental loss: means unrecoverable physical loss resulting as a direct consequence of an identifiable accident affecting your device that is not planned by you but does not include accidental damage or theft or attempted theft or misplacement of your device.
anti-virus protection software: (sometimes known as anti-malware software) means a software program (either free or paid for) used by a device that adequately detects and destroys computer viruses.
benefit limit: means the purchase price you paid for your device, as advised by you to us when you purchase your policy. This amount will be shown on your policy schedule.
Brightside Cover: means ICF Protection Pty Ltd ABN 27 139 212 972, AFS License number 475125.
business use: means for personal use and for use in the management and daily running of your business but is not used for any other commercial use.
camera: means a camera that captures and stores images in digital memory.
commercial use: means to use or to perform a direct or directly related service or function for others in exchange for commercial gain or reward (such as, but not limited to, rental or hire).
concealed storage compartment: means a boot, trunk, glove box, enclosed centre console, or concealed cargo area of a vehicle or marine craft.
cyber-attack: means an attempt by ransomware, spyware, trojan, virus or worm to damage, disrupt or gain unauthorised access to a digital system contained on a device.
data loss: means loss of access to stored data caused by:
- technical defect affecting the storage medium (e.g. damage to the read head);
- physical damage to the storage medium (e.g. after the device is dropped);
- software error; or
- damage to the storage medium caused by operating error.
data services: mean the services provided by technicians arranged by us on your behalf to diagnose and resolve a cyber-attack or data loss.
dependant: means your child, aged 21 years or under at the time of policy purchase and dependent upon you for financial support.
device: means a camera, laptop, mobile phone, tablet, portable audio or wearable technology purchased new from a retailer with an Australian Business Number (ABN) but does not include any additional services or additional accessories purchased with your device that are not supplied by the OEM in your device’s original packaging. For Cyber Assist and Data Recovery cover only, device means an internet enabled laptop, mobile phone or tablet.
end date: means the end date of your Brightside Accidental Damage Cover policy as listed on your policy schedule.
excess: means the amount payable by you in the event of a claim or the amount we will deduct from the amount otherwise payable under your policy for each claimable incident or event.
existing event: means an event that has arisen from circumstances known to you, or which you reasonably ought to have known, prior to the start date.
home: means the place where you normally live in Australia.
IMEI number: means International Mobile Equipment Identity number, a unique (usually 15-digit) number assigned to identify all mobile phones.
Inter Hannover: means International Insurance Company of Hannover SE – Australian Branch ABN 58 129 395 544, AFS License number 458776, the insurer of this policy.
laptop: means a wireless portable personal computer (including notebooks) that has a permanently attached or removable keyboard and includes a battery charger and accessories supplied by the OEM in its original packaging.
major disaster: means earthquakes, tornadoes, hurricanes, cyclones, explosions, fire, flood, political or industrial disturbances, riots or civil commotion, tsunami, tidal wave, storm surge, landslide, acts of terrorism, war; and use, existence or escape of any nuclear or radioactive material or any biological, chemical or nuclear pollution or contamination.
mobile phone: means a smart phone that performs many of the functions of a computer, typically having a touchscreen interface, Internet access, an operating system capable of running downloaded applications (apps).
no cover period: means the thirty (30) consecutive days from the day you apply for and purchase your policy. This no cover period does not apply when your policy is purchased within forty-eight (48) consecutive hours of the purchase of the device to be covered.
OEM: means Original Equipment Manufacturer.
PDS: means this Product Disclosure Statement including the Policy Wording.
period of cover: means the period commencing on the start date and ending on the end date.
policy: means this PDS, policy schedule and any written document we tell you forms part of your policy.
policy schedule: means the document we give you which confirms that we have issued a policy to you and sets out details of your cover and is also a tax invoice.
portable audio: means headphones and speakers with the ability to run using an internal battery or an outside power adaptor and will incorporate Bluetooth, Wi-Fi and wireless connectivity.
premium: means the amount payable by you to insure your device under the policy that includes applicable government taxes such as GST, and any duties or charges payable by you.
product failure: means the failure of your device to operate as designed due to:
- mechanical or electrical breakdown or failure;
- a defect in the materials or workmanship used in the original manufacture of the device;
- dust, internal overheating, internal humidity or condensation.
public place: means any place that the public has access to, including but not limited to planes, trains, cruise ships, taxis, buses, air or bus terminals, stations, wharves, streets, shops, museums, galleries, hotels, hotel foyers and grounds, beaches, restaurants, private car parks, public toilets and general access areas.
ransomware: means software that severely restricts access to a device or a digital file contained on a device until a ransom is paid.
remote access: means a technician remotely diagnosing a cyber-attack or data loss which may include you downloading a tool which gives the technician the ability to diagnose and resolve your cyber-attack or data loss remotely.
school purposes: means use for the purposes of tuition, research and learning of a curriculum set by an educational institution.
serial number: means the unique code or digital number affixed by the OEM to the device as a unique identifier that identifies a specific device.
spyware: means software that is installed on a device without your knowledge in order to collect personal information.
start date: means the start date of the cover under your Brightside Accidental Damage Cover policy as listed on your policy schedule.
tablet: means a wireless portable personal computer (including eReaders) that does not have a permanently attached keyboard, typically having a touchscreen interface, Internet access, an operating system capable of running downloaded applications (apps).
technician: means a third party service provider authorised (or appointed) by us, who will provide assessment, diagnosis and repairs, in the event of a cyber-attack or data loss claim, and if it is not practicable to provide repairs, temporary procedures which makes the device of yours safe and secure until such time that an appropriate fix can be undertaken in accordance with the terms of this PDS.
theft: means the act of, or an instance of, stealing.
trojan: means any software code which is used to access or infect a device by misleading users of its true intent.
unsupervised: means leaving your device where it can be taken without you knowing or prevent it from being taken and includes forgetting or misplacing it, leaving it behind or walking away from it. Your device is
unsupervised when it is not in your physical custody and control.
virus: means a piece of software code intended to infect, corrupt or destroy digital data on a device.
wear and tear: means problems with the operation or functionality of the device as a result of normal usage within manufacturer’s recommendations.
wearable technology: means any electronic device worn by you or attached to your body that has wi-fi, Bluetooth or internet connectivity and is capable of sending and/or receiving data. This will include but is not limited to fitness trackers, smart watches and smart glasses.
we, our, us: means International Insurance Company of Hannover SE – Australian Branch ABN 58 129 395 544, AFS License number 458776, (Inter Hannover) and Brightside Cover, trading as ICF Protection Pty Ltd, ABN 27 139 212 972, AFS License number 475125 (Brightside Cover) acting on behalf of Inter Hannover under a binder agreement.
worm: means a standalone piece of software capable of infecting a device and replicating itself without the assistance of a host program or user.
you, your and yourself: means the person named on the policy schedule and any dependant authorised by you to use your device.
Purchasing this Product
Who can purchase this product?
Cover can only be purchased by you if:
- you are 18 years of age or over; and
- you are a resident of Australia; and
- you purchase a device from a retailer who has a registered Australian Business Number (ABN); and
- the device is only used for personal, domestic, school purposes or for business use.
Additionally, cover is only available for:
- mobile phones, where the amount you paid for the mobile phone is between $500 and $2,500; and
- all other devices, where the amount you paid for the device is between $250 and $4,500.
Cover must be purchased for each individual device. Where you wish to purchase Brightside Accidental Damage Cover after the purchase date of your device, you may only do so within ninety (90) consecutive days of the date you purchased your device as shown on your purchase receipt/tax invoice provided the device is in a new condition and cover will then commence after the no cover period.
Accidental Damage Cover Platinum is only available where your device is a laptop, mobile phone or tablet.
Cover for devices that are able to be connected to a telecommunications network must contain a valid IMEI number.
Choice of level of cover
Under the Brightside Accidental Damage Cover you can choose from these three (3) levels of cover:
- Accidental Damage Cover Basic (available for all devices);
- Accidental Damage Cover Plus (available for all devices); or
- Accidental Damage Cover Platinum (our highest level of cover and is only available if your device is a laptop, mobile phone or tablet).
The level of cover you choose will be shown on your policy schedule.
For full details of the cover provided see the section headed ‘Your Policy Cover’.
Period of cover
Accidental Damage Cover Basic provides one (1) year of cover.
Accidental Damage Cover Plus or Accidental Damage Cover Platinum allows you to choose a one (1) year or two (2) year period of cover for all eligible devices (except mobile phones where only a one (1) year period of cover is available). All policies are for a fixed term and are not renewable.
We will confirm the details of the issue of your policy by providing you with a policy schedule. The period of cover you are insured for is set out in the policy schedule. No cover is available for an incident that occurred before the start date.
If your policy is purchased more than forty-eight (48) consecutive hours from the purchase date of your device, the no cover period will apply. This means your policy start date will be 30 days after the date you purchased the policy.
Cover under this policy ends on the earlier of:
- the end date specified on your policy schedule;
- the date the policy is cancelled;
- the date we replace your device;
- the date your policy reaches the benefit limit.
An excess is payable for each claim payable under this Brightside Accidental Damage Cover unless your claim is for data services in relation to a cyber-attack and/or data loss, in which instance no excess is applicable. Your excess is shown on your policy schedule.
Receiving your policy documents
You may choose to receive your policy documents:
- electronically – by email; or
- by post.
If we send your policy documents by email, we will send them to the email address you last gave us. Unless an email bounce notification is received, any policy documents we send to your email address will be considered to have been received by you twenty-four (24) hours from when we send them.
If you do not wish to receive your policy documents by email, you must notify us. If we send your policy documents by post, we will send them to the mailing address you last gave us.
You are responsible for making sure the email and mailing address we have for you is up-to-date. It is important that you tell us of any change to your email or postal address.
Your Policy Cover
Conditions of cover
The cover outlined in this policy will be given on the basis:
- that you have paid or agreed to pay us the premium for the cover you selected when you applied for cover and which your policy schedule indicates is in force; and
- of the verbal and/or written information given by you which you gave after having been advised of your duty of disclosure either verbally, electronically or in writing. If you failed to comply with your duty of disclosure, we may be entitled to reduce our liability under the policy in respect of a claim and/or we may cancel your policy. If you have told us something which is fraudulent, we also have the option of avoiding your policy from the start date stated in your policy schedule. Your duty of disclosure and the consequences of non-disclosure are explained in full under the heading ‘your duty of disclosure’ in the ‘Important Information’ section; and
- that cover is for the device specified in the policy schedule.
Cover provided for all levels of cover
The level of cover you have chosen will be shown on your policy schedule.
If you have selected Accidental Damage Cover Basic, Accidental Damage Cover Plus or Accidental Damage Cover Platinum, we will cover you up to the benefit limit if, during your period of cover accidental damage occurs to your device anywhere in Australia or New Zealand (including but not limited to accidental dropping, impact or spilling of liquids onto the device by you).
Cover provided only under the Accidental Damage Cover Plus and Accidental Damage Cover Platinum cover levels
If you have selected Accidental Damage Cover Plus or Accidental Damage Cover Platinum we will cover you up to the benefit limit for loss or damage arising from theft of your device in Australia or New Zealand during your period of cover from:
- your person; or
- your belongings while in your possession and under your control; or
- a locked storage locker; or
- a concealed storage compartment of a locked motor vehicle or marine craft.
We will only cover a theft that was witnessed (or can otherwise be substantiated) or has occurred by forcible entry. We will not cover theft from public places etc.
If you have selected Accidental Damage Cover Plus or Accidental Damage Cover Platinum, we will cover you up to the benefit limit for accidental loss of your device anywhere within Australia or New Zealand during your period of cover.
Additional Benefits - for all levels of cover
The following benefits apply to Accidental Damage Cover Basic, Accidental Damage Cover Plus, and Accidental Damage Cover Platinum levels of cover.
Repair time guarantee
If we agree to repair your device and your device is being repaired through one of our authorised repairers, we will have your device repaired and dispatched to you within the repair time guarantee set out below.
The repair time guarantee period begins when our repairer takes possession of your device to be repaired and ends:
- in relation to mobile phones – three (3) business days from the date the repairer takes possession of your device; or
- in relation to tablets and laptops – seven (7) business days from the date the repairer takes possession of your device; or
- in relation to portable audio, cameras, and wearable technology – fourteen (14) business days from the date the repairer takes possession of your device.
If we are unable to meet the repair time guarantee we will offer to replace the device instead of repairing your device.
If we replace the device under this repair time guarantee, the repair excess will be applied (see the ‘Excess’ section for further details), and your policy will continue as though the repair had been completed.
The original device becomes our property and must be promptly returned to us.
Additional Benefits - for Accidental Damage Cover Plus and Accidental Damage Cover Platinum only
The following additional benefits apply to Accidental Damage Cover Plus and Accidental Damage Cover Platinum levels of cover.
If you have selected Accidental Damage Cover Plus or Accidental Damage Cover Platinum, your covered device is a device that is capable of connecting to a telecommunications network and we accept a theft or accidental loss claim, we will also cover any unauthorised use in the form of calls from your device following the theft or accidental loss, up to the maximum total limit of $1,000 for the period of cover. This limit of cover is in addition to the benefit limit.
Cover will be provided for a period being the lesser of:
- twenty-four (24) consecutive hours following the theft or accidental loss; or
- until your telecommunication service is suspended and blocked by your service provider following you notifying your service provider of the theft or accidental loss.
We will provide technical assistance for technical problems such as problems with hardware or the software provided with your device by the OEM when your device was purchased.
This technical assistance service may be outsourced by us to suitably qualified technicians experienced with the type of device you have purchased. The technical assistance provided will not include any work or testing. Technical assistance will be based on latest technical advances and knowledge available at the time you contact us.
If you require technical assistance in respect of problems relating to your device insured under this policy, you can call us on 1300 622 833 during our normal business hours of 9am to 7pm AEST, Monday to Friday.
Additional Benefits - for Accidental Damage Cover Platinum only
The following additional benefits apply to Accidental Damage Cover Platinum only.
If your device is subject to a cyber-attack during the period of cover, we will facilitate remote access by a technician or an onsite visit by a technician who will use reasonable endeavors to remove the threat and complete a factory reset of your device (if necessary).
If you have a period of cover of one (1) year you are entitled to data services for up to a maximum of two (2) cyber-attack incidents, up to the maximum of ninety (90) minutes per cyber-attack incident.
If you choose a period of cover of two (2) years you will be entitled to data services for up to four (4) cyber-attack incidents (up to ninety (90) minutes per cyber-attack incident), but no more than two (2) cyber-attack incidents in the first year of the period of cover. Any unused Cyber-Assist service entitlements will roll over to the next twelve (12) month period of cover.
We will cover any Cyber-Assist costs in addition to the benefit limit amount shown on your policy schedule.
No excess is applicable to Cyber-Assist claims.
If your device is subject to a data loss during the period of cover, we will facilitate some or all of the following services by a technician who will use reasonable endeavors to recover data lost from your device:
- telephone services by a technician;
- remote access by a technician;
- use of specialist software provided by a technician for a do-it-yourself recovery;
- services of a technician to restore or recover data from storage medium in a device (onsite service).
If you have a period of cover of one (1) year you are entitled to data services in respect of a maximum of one (1) successfully recovered data loss incident.
If you choose a period of cover of two (2) years you will be entitled to data services for up to two (2) successfully recovered data loss incidents, but no more than one (1) incident in the first year of the period of cover. Any unused data loss service entitlements will roll over to the next twelve (12) month period of cover of the policy.
If at least 1% of useful data is able to be recovered from your device, this will be deemed a successfully recovered data loss incident. In the event it is determined that none of the data is recoverable, your data loss claim limit will not be effected.
We will cover any Data Recovery costs in addition to the benefit limit amount shown on your policy schedule.
No excess is applicable to Data Recovery claims.
For a claim where repairs are required, at your request, we will provide you with a loan device to use while your damaged device is being repaired. We will endeavor to provide you with a loan device within forty-eight (48) hours of us receiving your device for repair (provided that delivery is to an Australian metropolitan area and your request is made during business hours).
The loan device is subject to availability and is meant as a short-term solution only and must be returned within three (3) days from when we return your repaired device to you or a late return fee of $100 will be charged for each additional day that you do not return the loan device up to a maximum of the recommended retail price (RRP) for the loan device. Courier delivery and collection will be at our cost.
The acceptance of a loan device does not affect your rights under our repair time guarantee and will not affect your benefit limit.
The theft or accidental loss of your device must be reported to the police within twenty-four (24) hours of discovery of the theft or accidental loss and a copy of your police report must be provided to us on request. We may require a signed statutory declaration for an accidental loss claim. We may also request you to provide us with evidence of forcible entry for any theft claims.
The theft or accidental loss of your device which is capable of connecting to a telecommunications network must be reported to your telecommunications service provider and its unique IMEI number blocked within twenty-four (24) hours of discovery of the theft or accidental loss (we may require you to provide evidence that a report was made).
If a blocked IMEI number is found to be reactivated after a claim has been paid, we may report this to the relevant authorities.
If your device is a laptop, for cyber-attack and data loss cover, your device must have anti-virus protection software, and the anti-virus protection software must have been properly installed, be working and up-to-date at the time of the claim.
Claims settlement – theft, accidental loss and accidental damage
For any claim for loss or damage to your device
If we agree to cover you for theft, accidental loss or accidental damage to your device under this policy, we will at our option, either:
- repair your device;
- replace your device; or
- pay the lesser of the:
- cost to repair your device;
- cost to replace your device; or
- the remainder of your benefit limit.
If we replace your device, pay you the cost of replacement of your device or the benefit limit has been reached your policy will end. No refund of premium is payable by us to you.
For all claims
The most we will pay you for all claims in the period of cover is the benefit limit.
This does not include claims for any additional benefits.
Repair of your device
If your device suffers accidental damage during the period of cover, we may choose to have your device repaired to normal working order.
In repairing your device, the parts used by the repairer may be new, used or refurbished according to suitability and availability of supply.
Please note that where your device has retained user-generated data, the repair of your device under this policy may result in loss of data.
We recommend that you back-up your data regularly.
Neither we nor our repair agents will be liable for any loss of software programs or for the value of any data lost.
Replacement of your device
If we replace your device, at our option the replacement will be with an identical device, or a device with specifications equivalent to your device. The cost of replacement of your device will not exceed the benefit limit or, in the case a repair claim has been made on the policy, the remainder of your benefit limit following any previous repair claim.
The replacement device we provide may have a selling price less than the purchase price you paid for your device. A replacement device will be determined by us at our sole discretion and will be based on a current model device with equivalent specifications.
Availability and changes in technology will be taken into account by us in determining the suitability of a replacement device and is not limited to the brand or model of device for which you claim.
Any replacement device may at our sole discretion be new, used or refurbished or contain refurbished parts.
We have all salvage rights to replaced devices or parts.
If we replace your device or pay you the benefit limit (less any applicable excess) cover under your policy will cease. The original device becomes our property and must be returned to us prior to your replacement device or payment of the benefit limit being received by you, unless advised otherwise.
Maximum number of claims
If you have Accidental Damage Cover Plus or Accidental Damage Cover Platinum cover, we will only cover you for one (1) theft or one (1) accidental loss claim for the period of cover.
The excess is your contribution towards the cost of a claim. You must pay the applicable excess each time you make a claim which we accept under the policy. You need to pay the excess before a repaired device is returned, or a replacement device is provided to you.
The benefit limits set out in this policy are for total claims costs incurred (excluding any applicable excesses paid).
The excess due will vary depending on whether the claim is to be managed with a repair or replacement and whether your device is a mobile phone or other device. Please see the table below for the relevant excess due in each instance:
Where your claim is for accidental damage it is at our sole discretion whether to repair or replace the device. If it is possible to repair the device, but we choose to replace it instead for economic reasons, only the repair excess will be payable by you.
These examples show how claims settlements are calculated for certain types of cover based upon practical scenarios. Any claim settlement amount will depend upon the facts of each case.
Cyber Assist and Data Recovery claims
If we agree to cover your claim for Cyber-Assist and/or Data Recovery under this policy, we will arrange for data services to be provided in relation to the cyber-attack incident and/or data loss on the same day, or next available time if same day service is not practicable.
The data services are available between 8.30am and 5.00pm, Monday to Friday AEST (excluding public holidays).
While we will make reasonable efforts to arrange a technician outside of the hours specified above, including public holidays and weekends, we cannot guarantee that a technician will be available in every case. If we are unable to provide a technician to resolve a cyber-attack and/or data loss outside of the hours specified above, we will provide a technician on the next available time during the hours specified above.
Except as otherwise specifically agreed with the relevant technician, where we arrange for a technician to provide data services to you, you must be available. If you are not available, the technician may not be able to resolve the cyber-attack and/or data loss.
If an incident does not constitute a cyber-attack or data loss or additional work is required, for example, data recovery and data backups for more than one data loss incident during your period of cover as shown on your policy schedule, this can be facilitated by us with the technician, however you will be responsible for the cost of the work undertaken.
If we facilitate a telephone call between a technician and you when an incident does not constitute a cyber-attack or data loss, or additional work is required, we will ask the technician to provide a fee estimate for the purpose of undertaking the work. The final cost will be agreed between you and the relevant technician.
In carrying out any services when an incident does not constitute a cyber-attack or data loss, or additional work is required, you agree that a technician will be acting as agent for you, and not as our agent.
In providing the services when an incident does not constitute a cyber-attack or data loss, or additional work is required, we do not make a recommendation of any technician or provide any guarantee or warranty as to the quality of the work to be provided or the skills and qualifications of any technician or that a technician will be able to meet your requirements.
What we do not cover
We will not pay your claim:
- arising from an incident that occurred before the start date or during the no cover period (if applicable);
- arising from commercial use of a device;
- arising when the device is on loan or being used for trial, testing, demonstration or exhibition;
- where you cannot explain the circumstances to our reasonable satisfaction or cannot establish the cause of any disappearance of a device;
- where no actual known, or identifiable event can be attributed to the loss, damage or malfunction of your device;
- if your device has been left behind in an unknown location or you have misplaced it or forgotten its whereabouts;
- when theft or accidental loss occurs when the device is left unsupervised in a public place (including your place of employment or school) or unsecured in or out of your direct sight in any public place, or where the device is in a place where the public has access;
- when the theft is from a motor vehicle or marine craft and the device was not placed in a concealed storage compartment of a locked vehicle or marine craft, with security systems (if any) activated, and there is no evidence of forced entry;
- when the theft occurs when the device is not in your possession or control or in a locked storage locker or concealed storage compartment or locked place of residence, and when there is no evidence of forced entry;
- when your device is damaged as a result of improper storage, operation under abnormal conditions, misuse or maladjustment of controls;
- resulting from abuse, misuse, or introduction of foreign objects into the device, modifications or alterations to the device or failure to follow the manufacturer’s instructions;
- resulting from malicious or willful action, negligence, misuse, interference or faulty workmanship of a third party;
- arising from an existing event;
- arising from repairs or replacement arranged by you without our prior written consent;
- arising from purchases made with your mobile phone or internet enabled device;
- arising from any data usage charges;
- arising from wear and tear, cleaning, repair or alteration;
- arising during the period your device is checked in to be transported in the cargo hold of any aircraft, ship, train, tram or bus (including any loss from the point of check in until collection by you from the baggage carousel or collection area at the end of your flight, voyage or trip) except when (without prior notice) you are directed by the airline with whom you have a flight booking to place the device in checked baggage or overhead cabin locker for the duration of your flight;
- arising from your device having (or when your device has had) a manufacturer’s serial number or IMEI number removed, defaced or altered;
- arising from a modification or alteration to any internal parts or to the operating system of the device by you or any person acting on your behalf or under your instruction;
- for accidental loss or theft by:
- you or someone who lives in your home; or
- someone who enters your home with your consent or the consent of someone living there.
- arising from repossession, lawful confiscation or lawful seizure;
- arising from product failure (including mechanical or electrical breakdown or failure of, or defects in the device);
- arising from damage caused by insects, vermin or animals;
- arising from exposure to weather conditions, windstorm, sand, dirt, rain, hail, or atmospheric conditions, (for example, temperature, dampness, high humidity, steam or condensation);
- arising from events or circumstances that are covered by a manufacture and/or extended warranty, guarantee or service contract;
- arising from use of your device in an illegal manner including unlawful acts or unlawful use by you or someone acting with your consent;
- arising from you not doing everything you can to reduce your loss as much as possible;
- arising from you failing to take all reasonable precautions to safeguard your device and not act intentionally or recklessly in a way that would reasonably pose a threat to the safety of your device;
- when damage is due to any reckless or intentional damage or damage due to your failure to take reasonable care of your device;
- arising from consequential loss of any kind;
- arising when at the time of purchasing this product you were aware, or a reasonable person in your circumstances would have been aware, of something that would give rise to you making a claim under your policy;
- arising from a government authority confiscating, detaining or destroying your device;
- arising from any act or threat of terrorism;
- arising from any act of war, whether war is declared or not, or from any rebellion, revolution, insurrection or taking power by the military;
- arising from a nuclear reaction or contamination from nuclear weapons or radioactivity;
- arising from biological and/or chemical materials, substances, compounds or the like used directly or indirectly for the purpose of harming or to destroy human life and/or create public fear;
- when payment would violate any applicable trade or economic sanctions, law or regulation.
What we do not cover under Cyber Assist and Data Recovery
In addition to the exclusions listed above, , we will not pay your cyber-attack or data loss claim when the following exclusions apply.
A cyber-attack and/or data loss does not include:
- an incident occurring where your device is a laptop and you do not have anti-virus protection software, or your anti-virus protection software properly installed or it is not working or up-to-date;
- payment or reimbursement of an amount paid in connection with a cyber-attack (e.g. payment made by you following a ransomware incident);
- loss of any software programs;
- data recovery or re-installation of backups (Cyber Assist only);
- data loss for which a third party is liable;
- data loss caused by the deletion of individual data records by you or anyone acting on your behalf or anyone acting under your instruction, irrespective of whether the deletion is intentional or unintentional;
- data loss available in full on a back-up copy on another storage medium;
- the replacement or repair of the device or storage medium;
- requests for general maintenance or preventative work;
- damage to hardware equipment;
- area-wide disruption to communication or power supply;
- disruption to communication or power supply as the result of disconnection by the relevant authority or service provider; or
- an incident occurring in connection with a major disaster.
We are also not liable in any way to any person for:
- any loss or damage suffered directly or indirectly as the result of providing data services, including any delay in the provision of services.
- any indirect, special or consequential loss or damage in connection with the data services, whether in contract, tort, statute or otherwise.
Under your policy there are rights and responsibilities which you and we have. You must read this PDS in full for all details, but here are some you should be aware of.
Confirmation of transaction
By entering into your policy, you agree that if you require confirmation of any policy transaction (if the policy schedule does not have all the information you require), you will contact us using the contact details shown on the back cover of this document.
You can request further confirmation if your policy schedule does not include details of:
- the issuer and the policy holder;
- the date of the transaction;
- a description of the transaction;
- any amount paid or payable by you in relation to the transaction; or
- any taxes and stamp duties payable in relation to the transaction.
Jurisdiction and choice of law
Your policy is governed by and construed in accordance with the law of New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts of New South Wales. You agree that it is your intention that this Jurisdiction and Choice of Law clause applies.
Your duty of disclosure
Before you enter into this insurance with us, you have a duty to tell us anything that you know, or could reasonably be expected to know, may affect our decision to insure you and on what terms.
You have this duty until we agree to insure you.
It is important that you understand that you are answering our questions in this way for yourself and anyone else that you want to be covered by the contract.
Your duty however, does not require disclosure of any matter:
- that diminishes the risk to be undertaken by us; or
- that is of common knowledge; or
- that we know or, in the ordinary course of our business as an insurer, ought to know; or
- as to which we have waived your duty of disclosure.
If you fail to comply with your duty of disclosure, we may be entitled to reduce our liability under the contract in respect of a claim, cancel the contract or both.
If your non-disclosure is fraudulent, we may also have the option of avoiding the contract from its beginning.
Assigning your rights
You are not allowed to assign any benefits, rights or obligations under your policy.
Cancelling this policy
We allow you to return and cancel your policy at any time after the start date specified on your policy schedule by contacting us, using the contact details on the back cover of this document.
We have the right to cancel this policy where permitted by law.
- if you have failed to comply with your duty of disclosure; or
- where you have made a misrepresentation to us prior to the issue of the policy; or
- where you have failed to comply with a provision of your policy, including a term relating to the payment of premium; or
- where you have made a claim under your policy which is in anyway fraudulent.
If you or we cancel the policy, we may deduct a pro rata proportion of the premium for the time on risk, plus a fee of up to thirty-five dollars ($35) for our administrative costs related to the acquisition and termination of the policy and any government taxes or duties we cannot recover. If the refund is less than the fee, a refund will not be issued, and we will not charge you an additional amount to cover the difference.
If you have made a claim under this policy and we have agreed to the claim, we will not return any unused portion of the premium.
Financial Claims Scheme
In the unlikely event Inter Hannover were to become insolvent and could not meet its obligations under your policy, a person entitled to claim may be entitled to payment under the Financial Claims Scheme. Access to the Scheme is subject to eligibility criteria. More information can be obtained from http://www.fcs.gov.au or the APRA hotline on 1300 55 88 49.
Dispute resolution process
In this section “we”, “our” and “us” means Brightside Cover and Inter Hannover.
If you have a complaint in relation to this insurance, or our services or our representatives, please call Brightside Cover on 1300 622 833 or put the complaint in writing and send it to:
Private Mail Bag 14
Castle Hill NSW 1765
We will attempt to resolve the matter in accordance with our Internal Dispute Resolution procedures.
If you have a complaint, please talk to us on the number provided, for assistance. We will do our best to resolve your complaint quickly and fairly. If your complaint relates specifically to a claim, please contact the claims officer managing your claim. If the Customer Service staff member or claims officer are unable to resolve the matter for you, and you are not satisfied with their decision, you may speak to a manager.
If you are not satisfied with the response from the manager, you can seek a review by proceeding to Step 2
Seek an internal review. If the matter is still not resolved, the manager will refer you to the relevant Internal Dispute Resolution (IDR) area who will conduct a review of your dispute.
The Internal Dispute Resolution Officer will try to resolve your dispute within 15 business days and provide a response to your dispute in writing.
If you are not satisfied with the decision, or your dispute remains unresolved after 45 days, you can proceed to step 3.
Seek an external review. If we are unable to resolve your complaint within 45 days, or if you remain dissatisfied with our final decision, your dispute can be referred to the Australian Financial Complaints Authority (AFCA). AFCA provide a free and independent dispute resolution service for consumers who have general insurance disputes falling within its terms.
The contact details for the AFCA are:
Australian Financial Complaints Authority
GPO Box 3,
Melbourne Victoria 3001
Phone: 1800 931 678
Brightside Cover and Inter Hannover are committed to providing you with the highest levels of customer service. This includes protecting your privacy in accordance with the Privacy Act 1998 (Cth) and the Australian Privacy Principles.
In this section “we”, “our” and “us” means Brightside Cover and Inter Hannover.
Our Privacy Policies set out how your personal information is used, disclosed and protected. We may communicate your personal information to our service providers and this will always be carried out in accordance with the relevant privacy legislation.
Personal information is information or opinion about an individual whose identity is apparent or can easily be ascertained from the information or opinion.
We collect personal information to offer, provide, arrange, manage and administer the many financial services and products we and our group of companies are involved in. These include insurance broking and claims management and other forms of insurance services (including underwriting of insurance products and reinsurance).
We also collect personal information to be able to develop and identify products and services that may interest you, to conduct market or customer satisfaction research, to develop arrangements with other organisations in relation to our respective products and services. We give you the option of electing not to receive these communications in the future. You can unsubscribe by notifying us and we will no longer send this information to you.
The usual type of personal information collected includes your name, postal or e-mail address, date of birth, etc.
If you do not provide the information requested, we or those involved with the provision of the service or product, may not be able to provide the appropriate type or level of service or product.
We generally collect personal information directly from the relevant individual but in some cases, we may collect it indirectly from a third party, such as an insured’s representative or (including but not limited to) our own representatives, advisers, loss adjusters, lawyers, insurers, health care workers, publicly available sources or witnesses to a claim.
We do not sell, trade, or rent your personal information to others.
We have a duty to maintain the confidentiality of our clients’ affairs, including personal information. Our duty of confidentiality applies except where disclosure of personal information is with our client’s consent or compelled by law.
We may disclose personal information to third parties who we believe are necessary to assist us in providing, managing and administering the services we provide and products we are involved in, such as insurers, our related companies and alliance partners, reinsurers, other insurance intermediaries, insurance reference bureaus, fraud detection agencies, our advisers such as loss adjusters, lawyers and accountants, and others involved in the claims handling process. We may also use your information to comply with legislative or regulatory requirements in any jurisdiction to, prevent fraud, crime or other activity that may cause harm in relation to our products or services and to help us run our business.
We may disclose your personal information to a recipient which is located outside Australia. This includes:
- companies located in Singapore, New Zealand, United Kingdom, United States of America, Ireland, Malaysia, Slovenia, Croatia and the Philippines;
- service providers which are likely to be located in United Kingdom, United States of America, Germany and New Zealand.
The countries we disclose your information to will depend on the details of the transaction you ask us to carry out.
We take all reasonable steps to secure all hardcopy and electronic data containing personal records to ensure they are kept confidential and secure from unauthorised access, modification or disclosure. Access to your information is kept limited to those parties whose tasks require use of your information to provide services to you.
We may hold your personal information in a number of ways, including:
- in our computer systems or databases, which may involve storing data on storage or computer systems provided by third party suppliers;
- in paper records; and/or
- in telephone recordings (used for training and verification purposes).
Where it has been collected from our or your agent, or our service providers, they may also hold copies of your personal information.
We will seek your consent before disclosing your information to third parties in a country overseas if it is not regulated by laws which protect your information in a way that is similar to the relevant laws in your country.
We will not disclose your sensitive information for any purpose, other than the purpose for which it was collected, or a directly related secondary purpose, unless you otherwise consent.
Personal information obtained in the EU are subject to Service Agreements which have been entered into with the local Data Controller and us as the Data Processor in accordance with the relevant Personal Data Protection Act.
We may combine personal information we receive about you with other information we hold about you. This includes information received from third parties and information collected for different products and services.
Our Privacy Policies also contain information about how you can access and seek correction of your information, complain about a breach of the privacy law, and how we will deal with your complaint.
First check that you are covered by your policy by reading the appropriate section in the PDS and the Exclusions to see exactly what is, and is not covered, noting particularly any conditions limitations and exclusions.
How to make a claim
In the event of a claim you must contact Brightside Cover within seven (7) days. You can call Brightside Cover on 1300 622 833. Brightside Cover’s hours are Monday to Friday 8:30am to 7:00pm, Saturdays 9:00am to 12:00pm (excluding public holidays) or alternatively, you can lodge your claim online at: www.brightsidecover.com.au/my-cover.
Purchase receipts/tax invoices must be provided amount you paid for your device. If you cannot provide proof of the amount you paid for your device, we will calculate your benefit limit based on the recommended retail price of your device as advertised by the distributor from whom you purchased the device at the time of purchase.
Other supporting documents (like police reports and a statutory declaration) may also be required.
We will consider your claim within ten (10) business days of receiving a completed claim form and all necessary documentation. If we need additional information, we will contact you within ten (10) business days.
You will need to prove that an incident covered under your policy has occurred and the extent of the loss or damage you have suffered.
You must give us an opportunity to assess and inspect your device before any repairs or alterations are undertaken. If your claim is accepted under your policy, you will be required to pay the excess applicable as outlined on your policy schedule prior to any repairs taking place or receiving a replacement device.
Where we replaced your device, your original device becomes our property and we may take possession of your broken device. Any value we are able to recover from your replaced device will be retained by us.
If there is a delay in claim notification, or you do not provide sufficient detail for us to consider your claim, or authorise repairs without our consent, we can reduce any claim payable by the amount of prejudice we have suffered.
You must give any information we reasonably ask for to support your claim at your expense, such as but not limited to police reports, original receipts, tax invoices or proof of purchase and ownership.
You must co-operate at all times in relation to providing supporting evidence and such other information that may reasonably be required.
Goods and Services Tax
All the benefits listed in this policy include GST. If you are registered for GST purposes and entitled to an input tax credit at claim settlement, any claim payment we pay you will be reduced by an amount equal to your input tax credit entitlement.
If any damage or loss covered under your policy is covered under another insurance policy, you can choose which policy to claim under. If you make a claim under one insurance policy and you are paid the full amount of your claim, you cannot make a claim under the other policy.
When we pay a claim under the policy, we have the right to take over and enforce any right you may have to recover the loss from another party. We may do this in your name and you have an obligation to assist us as required.
Insurance fraud places additional costs on honest policy holders. Fraudulent claims force insurance premiums to rise.
We encourage the community to assist in the prevention of insurance fraud.
You can help by reporting insurance fraud by calling us using the contact details shown on the back cover of this document. All information will be treated as confidential and protected to the full extent under law.
Fraudulent claims or misleading claims conduct
If you or someone authorised by you, submit a claim which we believe is fraudulent, false or misleading in any respect, we may deny part of, or all of the claim, to the extent permitted by law. We may also report any fraudulent claims to the relevant authorities.
Financial Services Guide (FSG)
About this FSG
This Financial Services Guide (FSG) describes the insurance services offered by ICF Protection Plus Pty Ltd ABN 27 139 212 972, AFS License number 475125, trading as Brightside Cover of Suite 1, Building B, 34-46 Brookhollow Avenue, Baulkham Hills, NSW 2153, telephone 1300 622 833.
This FSG is designed to assist you in deciding whether to use the services that Brightside Cover provide, and to provide information about the remuneration provided to Brightside Cover in connection with the distribution of Brightside Accidental Damage Cover, your rights as a customer and how any complaints you may have will be resolved.
About Inter Hannover and Brightside Cover
Insurance Company of Hannover SE – Australian Branch ABN 58 129 395 544, AFS License number 458776 (Inter Hannover) is the insurer of the Brightside Accidental Damage Cover product.
Brightside Cover, a trading name of ICF Protection Plus Pty Ltd ABN 27 139 212 972, AFS License number 475125, is authorised to advise and deal in general insurance products to retail and wholesale clients.
Brightside Cover has a binding authority from Inter Hannover which means it can issue, vary or cancel Brightside Accidental Damage Cover on behalf of Inter Hannover. When providing these services, Brightside Cover acts for Inter Hannover and does not act on your behalf.
About the PDS
The Product Disclosure Statement (PDS) from Inter Hannover for Brightside Accidental Damage Cover accompanies this FSG and sets out the significant benefits, features and characteristics of the cover and will assist you to compare and make an informed decision about Brightside Accidental Damage Cover.
Please note this document contains general information only and may not suit your particular circumstances. You should carefully consider the PDS before you purchase Brightside Accidental Damage Cover to decide if it suits your needs.
Brightside Cover receives up to 30% commission from Inter Hannover for policies sold, this is calculated on the premium amount before any duties or taxes are applied. From this commission Brightside Cover may pay an amount to other parties who introduce or refer customers to Brightside Cover.
Employees and representatives of Brightside Cover receive an annual salary, which may include an annual bonus, which can be based on performance or other criteria. The above remuneration is included in the premium you pay.
If you would like more information about the remuneration that Brightside Cover receives, please call 1300 622 833 or email firstname.lastname@example.org. You can request particulars of the remuneration or other benefits received, please ask Brightside Cover for further details before Brightside Cover provide you with a financial service.
Professional indemnity insurance arrangements
Brightside Cover is covered under professional indemnity insurance that complies with the requirements of section 912B of the Corporations Act.
If you are not satisfied with the service you receive from Brightside Cover or Inter Hannover, and you wish to make a complaint, contact the Brightside Cover Complaints Officer using our contact details below.
We will acknowledge receipt of your complaint immediately and attempt to resolve it within 15 business days. Brightside Cover is a member of the Australian Financial Complaints Authority (AFCA), an external dispute resolution scheme. If you are unsatisfied with the manner in which we handle your complaint, you are entitled to take your complaint to them. Their contact details are on their website at www.afca.org.au.
Further information about our dispute resolution process is set out on page XX of the PDS.
Brightside Cover and Inter Hannover are committed to ensuring the privacy and security of your personal information. If you have any questions in relation to privacy, please contact Brightside Cover on 1300 622 833 or by viewing www.brightsidecover.com.au/privacy-policy. Further information about privacy is set out on page XX of the PDS.
How to contact us
details outlined on the back cover of this document. Please keep this document in a safe place for your future reference.
Contacting the Brightside Cover team
If you need to contact us for any reason, please contact the Brightside Cover team on 1300 622 833. Our hours are Monday to Friday 8:30am to 7:00pm, Saturdays 9:00am to 12:00pm EST (excluding public holidays);
Email: email@example.com; or
Castle Hill, NSW 1765
Alternatively, you might find your answer in our frequently asked questions (FAQ’s) on our website at www.brightsidecover.com.au
This booklet contains information about the Brightside Accidental Damage Cover product and services. The information was current at the date of preparation.