Terms and Conditions

This Insurance Policy has been arranged for You and is administered by ProductGuard which is a trading style of Smart-Sure Ltd, whose oﬃces are situated at the First Floor, Building 2, Croxley Park, Watford, WD18 8YA. Smart-Sure is an Appointed representative of City and Commercial Limited which is authorized and regulated by the Financial Conduct Authority under FRN 314346. Any questions, claims or complaints regarding this policy should initially be sent to ProductGuard by telephoning them on 0333 533 0001.

DEFINITIONS

Accidental Damage means the unintentional breakage, destruction or failure of Your appliance, with visible evidence of an external force being applied, which makes the appliance unusable.

Administrator, Our, We or Us means ProductGuard, a trading style Smart-Sure Ltd

Breakdown means the cost of repair to or replacement of Your Equipment following a mechanical or electrical fault which stops the Equipment from working properly.

Certiﬁcate of Insurance means the document which is issued by the Us as evidence of cover and forms part of this Policy.

Claims Administrator: means City & Commercial Insurance Company (PCC) Limited re Smart Cover Insurance Cell, 3rd Floor, One Cornet Street, St. Peter Port, Guernsey GY1 1BZ.

Equipment means Your Equipment as shown on Your Certiﬁcate of Insurance.

Insurer means City & Commercial Insurance Company (PCC) Limited re Smart Cover Insurance Cell, 3rd Floor, One Cornet Street, St. Peter Port, Guernsey GY1 1BZ, authorised by the Guernsey Financial Services Commission (GFSC). GFSC Reference: 54692. Details of registration can be checked using the link: https://www.gfsc.gg/commission/regulated-entities/5469.

Period of Cover means the period during which this Policy is in force as shown on Your Certiﬁcate of Insurance.

Premium means the monies You have agreed to pay for this Policy as shown on Your Certiﬁcate of Insurance.

Start Date means the date this Policy commences as shown on Your Certiﬁcate of Insurance.

You, Your, Policy Holder or Insured means the party set out on Your Certiﬁcate of Insurance who is entitled to cover under this Policy.

PERIOD OF COVER

The amount shown on your policy document is the full price you will pay over the course of the policy. Our policies are sold as one-year policies, but we allow you to make payment in either monthly, quarterly or one-off installments. To reﬂect these different payment options the cover period is determined by your payment schedule. This means if you fail to pay the next installment of your premium on the payment option you have chosen then your cover period will end accordingly.

For Monthly Payments

One calendar month from the Start Date shown on Your Certiﬁcate of Insurance and thereafter for each consecutive corresponding monthly period for a total period of 12 months.

For Quarterly Payments

Three Calendar months from the Start Date shown on Your Certiﬁcate of Insurance and thereafter for each consecutive corresponding quarterly period for a total period of 12 months.

For One Off Payments

12 month period from the Start Date shown on Your Certiﬁcate of Insurance.

WHAT IS INSURED?

You are covered under this Policy for Breakdown and Accidental Damage of Your Equipment during the Period of Cover within the United Kingdom and Northern Ireland.

In the first instance We will try to resolve the issues You are having with Your Equipment through Our helpline. If it is not possible to resolve the problems with Your Equipment over the telephone we will send an engineer to You to repair Your Equipment.

In the event that Your Equipment cannot be repaired We will replace Your Equipment. In the event that a directly comparable replacement is not available We may, at Our discretion, offer You a cash settlement in line with the current market value of Your Equipment.

If We replace Your Equipment You will be responsible for disposing of Your original Equipment at Your own cost.

POLICY LIMITS

Equipment identified on Your Certificate of Insurance (excluding second and subsequent televisions)

You are able to make a claim under this Policy for losses up to the value of £1000 per claim unless a lower limit is specified for any equipment item in your Certificate of Insurance.

Second and subsequent televisions identified on Your Certificate of Insurance

You are able to make a claim under this Policy for losses up to the value of £250 per claim.

WHAT IS NOT INSURED?

The following are excluded from the cover provided under this Policy:

1. Repairs or replacements of Equipment where such faults are still covered by the manufacturer's, supplier's or repairer's warranty;

2. Where the Equipment has been recalled by the manufacturer;

3. Faults which are due to a generic manufacturing defect;

4. Faults which arise from Your Equipment being modified in a manner which is not authorised by the manufacturer including but not limited to any upgrade or the addition of non-approved accessories;

5. Faults resulting from You failing to follow the operating instructions of Your Equipment;

6. Any claim where You use the Equipment for a non-domestic purpose or in a commercial environment;

7. Any fault or damage which has been caused, directly or indirectly, by faults with the domestic supply of electricity and/or Gas and/or water;

8. Any fault or damage caused by any theft, attempted theft, malicious damage or damage caused by fire or explosion.

9. Repairs for faults relating to a reduction in image retention on LCD screens, plasma or projection TV screens; pixilation, gas discharge, re-gassing or image burn on any surface or screen. Pixilation means the failure of either a Liquid Crystal Screen (LCD) or Plasma screen pixel to react to the signal applied to it.

10. Faults or damage resulting from a software virus, the configuration of user settings, the backing up or recovery of data, the loss, corruption or damage of/to data or the operating system of the Equipment.

Where an engineer is sent to repair Your Equipment You will be liable to pay for the cost of this where no fault is found with Your Equipment.

The Policy does not cover the following:

1. Routine maintenance, cleaning and servicing;

2. Work which You require to take place outside of Our Engineer's normal working hours (normal working hours are 9.00a.m to 5 p.m. Monday to Friday, excluding bank holidays).

3. Equipment which has to be repaired outside of the United Kingdom and Northern Ireland;

4. Any costs which are incurred as a result of not being able to use Your Equipment;

5. Any damage to property or personal injury;

6. Any costs which do not result from the event giving rise to a claim;

7. The replacement of any item which is intended to be replaceable such as fuses and batteries;

8. Cosmetic damage which does not affect the use of Your Equipment;

9. Equipment and/or connected cables which has not been installed properly;

10. Equipment which was not working in accordance with the manufacturer's specification before the Policy was taken out.

11. Any pre-existing fault prior to You taking out this insurance.

12. Costs of rearranging missed appointments with couriers/engineers;

13. Any repairs We have not authorised or repairs not carried out by one of Our approved engineers;

We will not provide services under this Policy if We are prevented from doing so as a result of an unusual or foreseeable event or circumstance beyond Our reasonable control (‘Force Majeure’). This would include, but is not limited to, war, threat of war, riot, civil disturbance or strife, terrorist activity (actual or threatened), industrial dispute, natural or nuclear disaster, fire, flood, drought, major adverse weather conditions, levels of water in rivers and Acts of God.

PREMIUM

Premium becomes due to be paid by You in full prior to policy inception in order for the Policy to commence.
Subject to and upon payment of the Premium, this Policy shall commence. Immediately upon commencement of this Policy, the right to receive premium is assigned by Us to [Broker], in its own right absolutely. This provision is therefore notice to You of that assignment.
Payment of premium by you is a condition precedent to our liability under the policy. If premium is not paid to [broker] when due, We shall have no liability under the Policy so shall not have to pay any claims.
If any provision of this section is found by any Court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of this section, which shall remain in full force and effect. In those circumstances, this provision shall be interpreted to the extent possible as being amended to provide for such minimum notice of cancellation as may be allowable.

HOW TO MAKE A CLAIM UNDER THIS POLICY

If You experience any issues with your Equipment during the Period of Cover You should call Our helpline on the number below. In the first instance We will try to remedy any issues over the telephone. If We are unable to do so You are able to make a claim under the Policy and we will send an engineer out to You.

If You pay for this policy monthly or quarterly and wish to make a claim You will be required to pay any premium due for the remaining duration of the policy before Your claim can be authorised. Collection of the outstanding premium will be taken at the time of Your claim. Or alternatively the outstanding premium may be deducted from any settlement under this policy.

Our helpline can be contacted on 0333 533 0001.

CANCELLING THIS INSURANCE POLICY

You may cancel this Policy at any time by writing to Us at the contact address shown below.

If You cancel this Policy within 14 calendar days of receiving it You will receive a full refund of any Premiums You have paid to Us. If, however, You have made a claim during this period there will be no refund due.

If You cancel this Policy after 14 calendar days of receiving it cancellation will be effective immediately.

For Monthly Policies

You will not be charged any more Monthly Premium amounts and You will not receive a refund of any Premium You have paid to Us.

For Quarterly Policies

You will not be charged any more Quarterly Premium amounts and You will not receive a refund of any Premium You have paid to Us.

For One Off Policies

You will be entitled to a pro-rata return of Premium for the number of complete unexpired months remaining of Your Policy less an administration fee of £20.

You will not be entitled to a pro-rata refund if a claim or an incident that may give rise to a claim has occurred.

TERMINATION

This Policy will automatically terminate if You fail to pay the Premium due to Us.

RENEWAL

For Monthly Policies

We will notify You at least 21 days before the anniversary (and each subsequent anniversaries) of this Policy to remind You that We will continue to take the same regular payment of Premium from You unless You ask Us to cancel this Policy.

For Quarterly Policies

For One Off Policies

We will contact You at least 21 days before this Policy is due for renewal to notify You that this Policy will renew automatically. If You do not ask Us to cancel this Policy We will take a payment for the renewal Premium.

GENERAL INFORMATION

Insurer Information

This policy is underwritten by City & Commercial Insurance Company (PCC) Limited re Smart Cover Insurance Cell a company licensed and regulated in Guernsey by the Guernsey Financial Services Commission (GFSC), reference number: 54692. City & Commercial Insurance Company (PCC) Limited re Smart Cover Insurance Cell was established in 1993 and is authorised to carry our general insurance business. City & Commercial Insurance Company (PCC) re Smart Cover Insurance Cell is based at 3rd Floor, One Cornet Street, St. Peter Port, Guernsey, GY1 1BZ.

Policy Administrator

This policy is administered by ProductGuard, a trading name of Smart-Sure Ltd – Company Number 07761666, an appointed representative of City & Commercial Ltd, Financial Conduct Authority (FCA) Number: 314346. This information can be checked by visiting the FCA’s website. City & Commercial Ltd is registered in England: Company Number: 2814889. City & Commercial Ltd, Ashley Court, 32 Main Street, Ashley, Market Harborough, LE16 8HF. Tel: 03333 449 119.

COMPENSATION SCHEME

City & Commercial Ltd is covered by the FSCS. You may be entitled to the compensation from the scheme if We cannot meet Our obligations. This depends on the type of business and the circumstances of the claim. Insurance advising and arranging is covered for 100% of the first £2,000 and 90% of the remainder of the claim, without any upper limit. Full details are available from the FSCS at www.fscs.org.uk
It should be noted that City & Commercial Insurance Company (PCC) Limited re Smart Cover Cell is not a member of the FSCS and therefore is not covered.

Please note: It should be noted that the Policy Administrator and the Insurer share common beneficial ownership.

COMPLAINTS PROCEDURE

If You are dissatisﬁed with the service You are provided with by Us or under this Policy please contact Us using the contact details below quoting Your Policy number.

ProductGuard, 1st Floor, AGF House, 3-5 Rickmansworth Road, Watford, WD18 0GX
Telephone: 0333 533 0001
Email: customerservice@ProductGuard.co.uk

We will acknowledge the complaint within 5 business days of receiving it and do Our best to resolve matters within 8 weeks.
If You are dissatisﬁed with the response You receive in relation to Your complaint, or Your complaint is not resolved within 8 weeks You have the right to refer your complaint to the Financial Ombudsman Service. You may contact the Financial Ombudsman at:

The Financial Ombudsman Service , Exchange Tower, London E14 9SR

Telephone: 08000 234 567 (free for people phoning from a ﬁxed line) or 0300 123 9 123 (free for mobile phone users who pay a monthly charge for calls to numbers starting 01 or 02)

Email: complaint.info@ﬁnancial-ombudsman.org.uk

Following this complaints procedure does not affect Your right to take legal action.

If Your complaint relates to the policy coverage or how a claim has been handled You should refer Your complaint to City & Commercial Insurance Company (PCC) Limited re Smart Cover Insurance Cell using the contact details below, quoting Your policy number.
The Compliance Director, City & Commercial Insurance Company (PCC) Limited re Smart Cover Insurance Cell, 3rd Floor, One Cornet Street, St Peter Port, Guernsey, GY1 1BZ.

If You are dissatisfied with the response You receive in relation to Your complaint or Your complaint is not resolved within 8 weeks, You have the right to refer your complaint to the Channel Islands Financial Ombudsman (CIFO), PO Box 114, Jersey, Channel Islands, JE4 9QG.
Telephone: 01534 743610
Email: enquiries@ci-fo.org
Website: www.ci-fo.org

DATA PROTECTION

Please read this notice as it explains the purposes for which the Insurer, City & Commercial Ltd or We will Use Your personal information.
Each of the Insurer, City & Commercial Ltd and Us are data controllers (as defined in the Data Protection Act 2018) of the
personal information each of them collects about You in connection with this policy.
Your personal information will be used for the following purposes:
For administration of this policy including, but not limited to, underwriting, administration and claims handling;
• To communicate with You in connection with this policy;
• For internal analysis and research;
• To comply with legal and regulatory requirements;
• To help prevent, detect or deal with crime or fraud.
Each of the Insurer, City & Commercial Ltd and Us use agents and service providers to collect, hold and process on its behalf Your personal information for the purposes set out in this policy. These agents and service providers act on the Insurer's, City & Commercial Ltd's or Our instructions (as applicable) and will only use information as the Insurer, City & Commercial Ltd or We tell them to. Smart Cover Insurance may also need to transfer Your personal data to third parties in countries outside the European Economic Area in confidence.
The Insurer, City & Commercial Ltd and We may disclose Your personal information to third parties (including to the police, other governmental bodies and other insurers) as required by law or if the Insurer, City & Commercial Ltd or We think the disclosure may help to prevent, detect and deal with crime or fraud.
In compliance with the Data Protection Act 2018, You have the right to ask for a copy of the information the Insurer, City & Commercial Ltd or We hold about You. If You find at any time that any of the information the Insurer, City & Commercial Ltd or We hold about You is incorrect then You should promptly notify the Insurer, City & Commercial Ltd or Us and the Insurer, City & Commercial Ltd or We (as appropriate) will correct the inaccuracy.
You can contact the Insurer, City & Commercial Ltd or Us about privacy issues or comment or complain about the Insurer's, City & Commercial Ltd's or Our privacy practices.
Where Our use of Your personal information is based upon Your consent, You have the right to withdraw such consent at any time by contacting Us. Further information concerning Your rights and Our responsibilities can be found within Our Privacy Notice published on the website. Alternatively, You can request a printed version by contacting Us.

ALTERATION AND ASSIGNMENT

You are not permitted to assign to another person(s) or change in any way the rights under this Policy without the written consent of the Insurer or its agent, acting on its behalf.

EXCLUSION OF THIRD PARTY RIGHTS

Nothing in this Policy is intended to confer a directly enforceable benefit on any other party and therefore the provisions of the Contracts (Rights of Third Parties) Act 1999 do not apply.

GOVERNING LAW

This Policy, and any dispute concerning its interpretation, is governed by the laws of England and Wales and the jurisdiction of the English Courts will apply. We will communicate in English.

We understand consumers’ concerns with regard to their privacy and we take great care to ensure that the privacy of every person that uses our site is both respected and protected. The personal data that we collect is collected and used only for the purposes of the ProductGuard business. We are committed to handling data fairly and lawfully and takes our data protection obligations seriously. ProductGuard ensures that it processes Personal Information in compliance with applicable data protection laws, including, without limitation, the General Data Protection Regulation 2016/679 ("GDPR").

We know that your privacy is important. This document outlines the types of personal information we receive and collect when you use www.smart-sure.com, as well as some of the steps we take to safeguard information. We hope this will help you make an informed decision about sharing personal information with us. www.smart-sure.com strives to maintain the highest standards of decency, fairness and integrity in all our operations. Likewise, we are dedicated to protecting our customers’, consumers’ and online visitors’ privacy on our website.

Who we are

ProductGuard is a trading style of Smart-Sure Ltd, an appointed representative of City & Commercial Limited who is authorised and regulated by the Financial Conduct Authority.

What is Personal Information?

For the purposes of this Data Protection Notice "Personal Information" consists of any information that relates to you and/or information from which you can be identified, directly or indirectly. For example, information which identifies you may consist of your name, address, telephone number, photographs, location data, an online identifier (e.g. cookies identifiers and your IP address) or to one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity. When we combine other information (i.e. information that does not, on its own, identify you) with Personal Information, we treat the combined information as Personal Information.

What Personal Information do we collect?

www.productguard.com collects personally identifiable information from the visitors to our website only on a voluntary basis. Personal information collected on a voluntary basis may include name, postal address, date of birth, email address, company name, telephone number and banking details.

This information is collected if you request information from us, participate in a contest or sign up to join our email list, buy a product, or request some other service or information from us. The information collected is internally reviewed, used to improve the content of our website, notify our visitors of updates, and respond to visitor inquiries.

Once information is reviewed, it is discarded or stored in our files. If we make material changes in the collection of personally identifiable information we will inform you by placing a notice on our site. Personal information received from any visitor will be used only for internal purposes and will not be sold or provided to third parties.

We may also obtain Special Category Personal Data (as defined in the GDPR) such as healthcare information (for example, medical conditions).

Children’s Online Privacy Protection Act

This website is directed to adults; it is not directed to children or young adults under the age of 16. We operate our site in compliance with the Children’s Online Privacy Protection Act, and will not knowingly collect or use personal information from anyone under 16 years of age.

Non-Personal Information

In some cases, we may collect information about you that is not personally identifiable. We use this information, which does not identify individual users, to analyse trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. The information collected is used solely for internal review and not shared with other organisations for commercial purposes.

We may use the Personal Information we collect for the following purposes:

- To administer and manage your insurance policy
- To process claims or complaints
- For marketing purposes

The law allows us to use the Personal Information as set out above on the basis that the processing is necessary for the performance of a contract with you, or we are acting in our "legitimate interests", for example, for the purposes of providing goods, services, and support.

Where we collect Special Category Personal Data we will not use this except for the purposes of processing your insurance policy and associated claims.

Marketing communications

We may contact site visitors and offer assistance regarding the services we offer. If you decide to opt-out from future contact, please communicate that to us. We may use your Personal Information to send you marketing communications by mail, telephone or email. This is necessary for the purposes of the legitimate interests pursued by us, for example, to keep our customers updated about products that they might be interested in. For situations where you are purchasing goods and services from us, this is for the performance of the contract with you. For further information on this, see the 'Your Choices' section of this Data Protection and Privacy Statement.

To whom do we disclose your information?

We will only use your Personal Information for our internal business purposes, for example, as set out above.

We do share your information with third parties, where we outsource certain functions, including but not limited to service providers and other service products that we use. We would do this, for the effective performance of your insurance cover with us, and for our legitimate interests, such as the effective financial and business management of ProductGuard.

We may also disclose Personal Information to establish, exercise or defend our legal rights including providing information to others and/or in connection with any ongoing or prospective legal proceedings. We may also disclose Personal Information to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that Personal Information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personal Information.

Release of Information

If sold, the information we have obtained from you as a customer may transfer to the new owner as a part of the sale in order that the service being provided to you may continue. In that event, you will receive notice through our website of that change in control and practices, and we will make reasonable efforts to ensure that the purchaser honor any opt-out requests you might make of us.

How do we keep your information secure?

We have put in place appropriate physical and technical measures to safeguard the Personal Information we collect in connection with our services. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Information on our instructions and they are subject to a duty of confidentiality. However, please note that although we take appropriate steps to protect your Personal Information, no website, product, device, online application or transmission of data, computer system or wireless connection is completely secure and therefore we cannot guarantee the security of your Personal Information.

International transfer of data.

By using or participating in any service and/or providing us with your Personal Information, you acknowledge that we will collect, transfer, store and process your information outside of the EEA. We will take all steps reasonably necessary to ensure that your Personal Information is kept secure and treated in accordance with this Data Protection Notice and the requirements of applicable law wherever the data is located. Where we transfer your Personal Information outside the EEA to other countries, we will ensure that appropriate transfer agreements and mechanisms (such as the EU Model Clauses) are in place to help ensure that our third-party service providers provide an adequate level of protection to your Personal Information. We will only transfer your Personal Information outside the EEA in accordance with applicable laws.

How long will we keep your Personal Information?

ProductGuard retains Personal Information for as long as necessary to fulfill the purposes for which your Personal Information has been collected as outlined in this Data Protection and Privacy Statement unless a longer retention period is required by law. When your Personal Information is no longer required for the purpose it was collected or as required by applicable law, it will be deleted and/or returned to you in accordance with applicable law.

Accessing your Personal Information and your other rights.

ProductGuard will collect, store and process your Personal Information in accordance with your rights under any applicable Data Protection Laws. Under certain circumstances, you have the following rights in relation to your Personal Information:

I. Subject Access - you have the right to request details of the Personal Information which we hold about you and copies of such Personal Information.

II. Right to Withdraw Consent – where our use of your Personal Information is based upon your consent, you have the right to withdraw such consent at any time. In the event you wish to withdraw your consent to processing, please contact us using our Contact Us page.

III. Data Portability – you may, in certain circumstances, request us to port (i.e. transmit) your Personal Information directly to another organisation.

IV. Rectification – we want to ensure that the Personal Information about you that we hold is accurate and up to date. If you think that any information we have about you is incorrect or incomplete, please let us know. To the extent required by applicable laws, we will rectify or update any incorrect or inaccurate Personal Information about you.

V. Erasure ('right to be forgotten') - you have the right to have your Personal Information 'erased' in certain specified situations.

VI. Restriction of processing – you have the right in certain specified situations to require us to stop processing your Personal Information and to only store such Personal Information.

VII. Object to processing – You have the right to object to specific types of processing of your Personal Information, such as, where we are processing your Personal Information for the purposes of direct marketing.

VIII. Prevent automated decision-taking – in certain circumstances, you have the right not to be subject to decisions being taken solely on the basis of automated processing.

How You Can Correct or Remove Information

We provide this privacy policy as a statement to you of our commitment to protect your personal information. If you have submitted personal information through our website and would like that information deleted from our records or would like to update or correct that information, please use our Contact Us page.

Enforcing your rights

If you wish to enforce any of your rights under applicable Data Protection Laws, then please contact us on our Contact Us page.

We will respond to your request without undue delay and no later than one month from receipt of any such request, unless a longer period is permitted by applicable Data Protection Laws.

Complaints

If you are concerned that we have not complied with your legal rights under applicable Data Protection Laws, you may contact the Information Commissioner's Office (ico.org.uk) which is the data protection regulator in the UK which is where ProductGuard is located. Alternatively, if you are based outside the UK, you may contact your local data protection supervisory authority.

Your choices (e.g. marketing related communications)

ProductGuard may use your Personal Information (such as your contact details (e.g. name, address, email address, telephone number)) to send you marketing-related correspondence related to our products and services, in accordance with your email and contact preferences.

When we process your Personal Information for marketing purposes, we do so on the basis that it is in our legitimate interests to do so.

We do not share Personal Information with third parties for the third parties’ marketing purposes.

We may also use your Personal Information to personalise and to target more effectively our marketing communications to ensure, to the extent possible, that any marketing-related correspondence is relevant to you.

To opt out of receiving marketing-related correspondence from ProductGuard, update your preferences by contacting us on 0333 533 0001 or emailing customerservices@productguard.co.uk

Updates and Effective Date

www.productguard.com reserves the right to make changes in this policy. If there is a material change in our privacy practices, we will indicate on our site that our privacy practices have changed and provide a link to the new privacy policy. We encourage you to periodically review this policy so that you will know what information we collect and how we use it.

Agreeing to Terms

If you do not agree to www.productguard.com Privacy Policy as posted here on this website, please do not use this site or any services offered by this site. Your use of this site indicates acceptance of this privacy policy.

IPID

Terms and Conditions

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