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ORANGE
CARE GENERAL TERMS AND CONDITIONS (with effect from 1 August 2009)
INTRODUCTION
TO ORANGE CARE
"Orange
Care" is a package of benefits available to owners of Orange approved and
Orange branded phones. There are two parts to the package:-
(1) The Insurance - the first part is
insurance cover provided by Allianz Insurance plc (the "Insurer")
which, in summary, covers against theft
of, loss of or damage to a phone, subject to the detailed terms and
conditions set out below.
Orange arranges
this insurance on behalf of the Insurer. Orange also collects the insurance
premiums and handles claims on behalf of the Insurer. Where You have Orange Care for more than one phone,
each phone is the subject of a separate contract of insurance with the Insurer.
(2) The Warranty - the second part is a
warranty product provided by Orange itself which, in summary, provides cover against defects in a phone caused by
faulty materials or workmanship, subject to the detailed terms and
conditions set out below. This warranty is additional to, and does not
affect, the legal rights that an Orange customer may have under the general
law against the retailer of the phone or under any separate warranty offered by
the manufacturer of the phone.
An administration
fee may be payable in respect of successful claims under Orange Care - see
numbered paragraphs 5.11 and 9.6 and 9.7. Details will be set out in Your
"Confirmation of Insurance Cover" document.
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Orange phone
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150
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345
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158
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any other phone
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07973 100 150
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07973 100 345
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07973 100 158
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CUSTOMER
SERVICE NUMBERS
GENERAL
Orange Care only
applies to approved and Orange branded phones. If You change Your phone it is
Your responsibility to check that it can still be covered by Orange Care. Orange Care is not available on SIM only
connections.
To check whether
Your Service Plan includes Orange Care or to purchase Orange Care as an
optional extra, please call Your Customer Service Number.
Competitors?
insurance products are not offered under the Orange Value Promise
("OVP"). Orange Care is not included in any OVP Plan, but OVP
customers can purchase Orange Care as an optional extra by calling 150 from
Your Orange phone or 07973 100 150 from any other phone. Orange reserves the right to move each phone
on an OVP Plan to a separate account and to bill You separately for each phone.
Orange Care is not
available in relation to any second line activated on Your Orange phone. Orange
Care is subject to these terms and conditions. These terms and conditions shall
supersede and take precedence over any previous terms and conditions with
respect to Orange Care. These terms and
conditions do not cover network services.
Orange Network service is subject to Your Orange Network Terms.
DURATION
OF COVER & PAYMENT TERMS
Numbered
paragraphs 1 to 7, 10, 11 and 12 below will apply to the provision of the
Insurance element of Orange Care. Numbered paragraphs 1, 8, 9, 10, 11 and 12
will apply to the provision of the Warranty element of Orange Care.
Free
or inclusive Orange Care
Where Your Service
Plan provides free or inclusive Orange Care the Insurance and Warranty will
come into force when You register the phone on the Orange network.
Unless terminated
or cancelled under numbered paragraphs 2.5, 6.2, 6.3 or 6.5 below and as long
as You remain connected to the relevant Service Plan, the Insurance and
Warranty cover will continue to be provided for each month of the inclusive
cover period. At the end of any free or inclusive cover period, if You remain
connected to the Orange Network, whether under an existing Service Plan or
after a Service Plan expires, then, unless You instruct us to cancel Your
Orange Care it will continue as Optional Orange Care at the applicable monthly
premiums. Orange will notify You of this prior to charging and give You the
opportunity to cancel Your Orange Care at the time.
Optional
Orange Care
Where Your Service
Plan does not include Orange Care and You purchase, or receive Orange Care as
an optional extra, the Insurance and Warranty cover will come into force on the
day that You call to request cover or 24 hours after Orange receives Your
written request for Orange Care.
Optional Orange Care will have a
minimum duration of four months unless terminated under paragraph 6.4
below, subject to the terms and conditions below. This does not affect the Insurers? or
Orange?s rights to cancel under the terms of this policy. After the minimum period, Orange Care will
continue unless terminated or cancelled under paragraphs 2.5, 6.2, 6.3 or 6.5.
Your Confirmation
of Insurance Cover will be sent to You within seven working days of the day on
which cover becomes effective. Where applicable, premiums will be invoiced
monthly by Orange on behalf of the Insurer on Your Orange account and must be
paid along with Your Orange charges.
Pay
As You Go Service Plan
Orange Care is no
longer available on pay as you go. If You are a pay as you go customer whose
cover is coming to an end, or if You want to discuss insuring Your pay as you
go phone please call 450 to discuss Your insurance needs. If You currently have Orange Care You don?t
need to worry ? Your Orange Care will remain valid for the period agreed under
the Orange Care General Terms and Conditions previously supplied.
1. INTERPRETATION AND DEFINITIONS
Authorised
User
means
a) You; and
b) Your spouse/partner members of Your
immediate family and domestic staff all of whom normally reside at Your address
and Your Employees who use the
Insured Property with Your permission; and
c) where You are not an Orange Business
Customer, other users notified to Orange by You and authorised by Orange;
d) where You are an Orange Business Customer
(i) Employees of Your business notified to Orange by You and
authorised by Orange.
(ii) Employees of Your business who use the Phone with the
permission of an Employee who has been notified by You and authorised by
Orange.
(iii) Third parties and their Employees contracted to carry out work
for You and to whom You would normally expect to provide a Phone for that work.
Employee(s) means
any person who is
a) under a contract of service or
apprenticeship with You;
b) borrowed by or hired to You;
c) a labour master or supplied by a labour
master;
d) employed by labour only
sub-contractors;
e) self-employed;
f) under a work experience or training
scheme;
g) regarded as being in Your employment
under the terms of any contract or agreement;
h) a voluntary helper while working under
Your control in connection with the business;
i) an outworker or homeworker when
engaged in work on Your behalf.
HSBC means
HSBC Insurance Brokers Limited of Bishops Court, 27 ? 33 Artillery Lane,
London, E1 7LP registered no. 149013. HSBC is authorised and regulated by the
Financial Services Authority.
Minimum
Connection Period means the minimum period for which each Phone must
remain connected to the Network as described in Your Orange Business Contract,
or as determined by Your Service Plan or as otherwise agreed with Orange.
Orange means
Orange Personal Communications Services Limited of St James Court, Great Park
Road, Almondsbury Park, Bradley Stoke, Bristol, BS32 4QJ, registered no.
2178917.
Orange
Business Contract means an Orange contract or Service Plan for the
supply of one or more Phones designed for business customers.
Orange
Business Customer means a business customer who is party to an Orange
Business Contract, or a business Service Plan, or a consumer Service Plan but
who is accepted by Orange as a business customer.
Orange
Network Terms means Orange's standard network terms for the supply
of Orange network services which are stated (as appropriate) at the back of
Your Orange Phone user guide; or in Your Customer Information Form (?CIF?) ?
Business/Small Business CIF, Orange Business Services Customer Agreement or
Orange Business Services Master Agreement.
Phone means
a mobile telephone or device approved by Orange for connection to its network
consisting of a handset standard battery travel charger SIM card and where part
of a standard package the memory card subject to clause 3.12 and other
equipment as part of a standard package and agreed by the Insurer
a) originally sold or
supplied or provided by way of upgrade by Orange and/or their agents or
b) originally sold or
provided by way of upgrade by others provided that the Phone is connected to
the Orange Network in
Your name.
A Phone does not
include accessories such as wrist straps carry cases or styluses which are not
integral to or connected to the device and the like and shall not be defined so
as to include a SIM Only connection. For
the avoidance of any doubt, Orange Care is not available on SIM Only
connections. For the avoidance of doubt, Orange Care shall only apply to Your
most recently upgraded Phone.
Service
Plan
means a bundle of airtime and supplementary services offered by Orange to
customers at agreed charges.
The
Insurer
means Allianz Insurance plc trading as Allianz Engineering, at Haslemere Road,
Liphook, Hampshire, GU30 7UN, United Kingdom. Allianz Insurance plc, registered
office number 84638: 57 Ladymead, Guildford, Surrey GU1 1DB, United Kingdom.
Allianz Insurance plc is authorised and regulated by the Financial Services
Authority.
Upgrade means
replacing a Phone in use with another Phone (as defined).
You,
Your
means the person in whose name a Phone is registered and connected to the
Orange network, or Orange Business Customer who has entered into an Orange
Business Contract.
2. PAY MONTHLY INSURANCE TERMS
2.1. The Insurance covers Your Phone for theft
loss or damage anywhere in the World.
2.2. You will not be able to claim unless:
2.2.1. at the time of loss theft or damage the Phone
was in the possession of an Authorised User or in the possession of a third
party in the presence of the Authorised User, and with the Authorised User?s
consent;
2.2.2. Your Phone is registered and connected to the
Orange network in Your name.
2.3. Your Phone will be insured while:
2.3.1. You have an Orange Service Plan or Orange
Business Contract which is inclusive of Orange Care; or
2.3.2. You have purchased Orange Care as an optional
extra.
2.4. The Insurance will continue from the date
it first came into force and will be unaffected by the provision of a
replacement phone under the terms of the Insurance.
2.5. Unless otherwise cancelled or terminated
under these Orange Care General Terms and Conditions, the Insurance will
terminate if a period of 60 months has elapsed from the date the Insurance
first came into force.
3.
EXCLUSIONS
Your Phone will
not be repaired or replaced where loss, damage or theft is caused by or
consists of:
3.1. Wear
and Tear
normal wear and
tear rusting or oxidisation atmospheric or climatic conditions or other
deterioration due to normal use or exposure;
3.2. Manufacturer?s
Guarantee or Warranty
damage which is
covered under a manufacturer?s guarantee or warranty or is the subject of a manufacturer?s recall
of faulty products;
3.3. Wilful
Act or Neglect
any wilful act
neglect or failure to take reasonable care either by an Authorised User or
carried out at the direction or instigation of an Authorised User;
3.4. Loss
of or Unauthorised Use of the Phone
any loss suffered
as a result of not being able to use the Phone or any loss other than the
Insured repair or replacement cost of the Phone;
3.5. Network
Service
breakdown or interruption of the
network service;
3.6. Maintenance
or Faulty Workmanship
damage during any
testing repairing adjusting servicing or maintenance operation or caused by
improper or unauthorised repair maintenance or modification;
3.7. Cosmetic
Damage
damage which does not impair the
normal functions of Your Phone;
3.8. Theft
from Motor Vehicles
theft of Your
Phone from an unattended motor vehicle unless the vehicle is securely locked
and the Phone is contained in a glove
compartment, boot or similar and is out of sight or the securely locked
vehicle is stolen;
3.9. Loss
or Theft from a Public Place
loss or theft of Your Phone when it
has been left unattended in a public place;
3.10. Loss
or Theft from Temporary Premises
loss or theft of
Your Phone from temporary premises is covered only where there is evidence of
forcible and violent entry or exit;
3.11. Manufacturer?s
Instructions
disregard of the manufacturer?s
instructions for operation and care of Your Phone;
3.12. Memory
Cards
memory cards will
not be replaced unless sold as part of a standard package and lost or stolen at
the same time as the Phone;
3.13. Confiscation
or Detention
confiscation or
detention of Your Phone by any government body or recognised authority, for
example, the Police or HM Revenue & Customs;
3.14 Breakdown
loss of or damage to any mobile
telephone or device caused by its own breakdown or derangement.
4. GENERAL EXCLUSIONS
The Insurance does
not cover:
4.1. Sonic
Bangs
damage resulting
from pressure waves caused by aircraft or other aerial devices travelling at
sonic or supersonic speeds;
4.2. War
and Kindred Risks
loss or damage directly
or indirectly caused by war invasion act of foreign enemy hostilities (whether
war be declared or not) civil war rebellion revolution insurrection or military
or usurped power confiscation nationalisation requisition or destruction of or
damage to property by order of the Government or any Public Municipal or Local
Authority;
4.3. Radioactive
Contamination
loss or damage
directly or indirectly caused by or contributed to by or arising from:
a) ionising radiations or contamination by
radioactivity from any nuclear fuel or from any nuclear waste from the
combustion of nuclear fuel;
b) the radioactive toxic explosive or
other hazardous properties of any explosive nuclear assembly or nuclear component thereof;
4.4. Date
Recognition
Additional expenditure
arising directly or indirectly from the failure of any computer or other
equipment or system for processing storing or retrieving data whether the
property of You or Orange and whether occurring before during or after the year
2000
a) to correctly recognise any date as its
true calendar date;
b) to capture save or retain and/or
correctly to manipulate interpret or process any data or information or command or instruction as a
result of treating any date otherwise than as its true calendar date;
c) to capture save retain or correctly to
process any data as a result of the operation of any command which has been
programmed into any computer software being a command which causes the loss of data
or the inability to capture save retain or correctly to process such data on or
after any date.
5. CLAIMS CONDITIONS
WHAT
YOU SHOULD DO
5.1. Tell
Orange and the Police
On the discovery of any occurrence
which may give rise to a claim under the Insurance the Authorised User must
a) For loss or accidental damage
i) notify Orange as soon as
practicable but in any event within 48 hours of discovery of the occurrence by calling
Your Customer Service Number.
ii) if the loss or accidental damage
occurs outside the UK it must be reported as soon as reasonably practicable.
b) For theft, malicious damage or
vandalism
i) notify
the Police and Orange within 48 hours of discovery of the occurrence.
ii) if the loss occurred outside the UK
notify the local police authority and Orange as soon as practicable.
5.2. Information
that You must provide
You must provide
the following information to Orange
i) The crime reference number for claims
involving theft malicious damage or vandalism.
ii) Full details of how the loss or damage
occurred.
iii) Any other information or evidence
reasonably requested by Orange regarding the loss or damage.
5.3. Co-operation
with the Insurer
You must at
Orange?s request and expense take or permit to be taken all necessary steps for
enforcing rights against any other party in Your name before or after any
repair or replacement is made under this Policy.
5.4. Lost/Stolen
Phone
5.4.1. You must make a reasonable effort to recover
a Phone which has been lost or stolen. If You do not do so a replacement Phone
will not be provided. Where possible, lost or stolen Phones should be
registered on the National Lost Property website www.immobilise.com.
5.4.2. If You find or recover a Phone that has been
reported lost or stolen before a replacement has been issued You must notify
Orange immediately. If You do not do so Orange may impose a charge on You on
the Insurer's behalf in respect of the cost of the attempt to deliver the replacement (see clause 5.7 Delivery
Charges).
5.5. Return
of Phone to Orange
5.5.1. Where a replacement has been supplied the
original Phone is the Insurer?s property and must be returned to Orange.
5.5.2. This applies to
i) a
lost or stolen Phone which is recovered after a replacement has been supplied;
ii) a
Phone subject to accidental damage malicious damage or vandalism.
5.5.3. Orange may at its discretion require You to
return Your original Phone for examination before a replacement is issued.
5.5.4. You may be charged the recommended retail
price for any battery charger or antenna returned to Orange which was not
originally supplied with the handset or for any handset which appears to have
been deliberately damaged.
5.6. Options
for Claims Settlement
5.6.1. All repairs to or replacement of the Phone
shall be at the sole discretion of Orange as the Insurer's claims handling
agent. If Your Phone is damaged Orange will at their option repair the damage
or replace the Phone on behalf of the Insurer. Any repairs must be undertaken
by or with consent of Orange and/or their agents.
5.6.2. Replacement of any Phone will be made with an
Orange product. The replacement will wherever possible be of the same or
similar specification.
5.6.3. A replacement Phone may be from refurbished
stock that has been tested and is fully functional.
5.6.4 You are entitled to a replacement Phone or
repair of Your original Phone. There is no entitlement to have Your claim settled by payment of money.
5.7. Delivery
Charges
5.7.1. Your Insurance includes the cost of delivery
of a replacement Phone.
5.7.2. Your Insurance does not include the cost of
aborted deliveries, for example, where delivery is aborted because
i) You
are not available to accept a replacement Phone at a pre agreed time and place
or
ii) You
fail to notify Orange that a Phone reported lost or Stolen has been recovered.
5.7.3. Orange reserves the right to charge You on
behalf of the Insurer for the aborted delivery.
5.8. Fraudulent
Claims
If the Insurer has
reason to believe that You have made a fraudulent claim a replacement Phone or
repair of Your original Phone will not be provided and this Insurance will be
cancelled.
5.9. Lack
of Reasonable Care
If the Insurer
believes that You have not taken reasonable care of Your Phone Your claim may
be referred to a Chartered Loss Adjuster in order for them to carry out an
investigation into the circumstances of the claim. No replacement or repair
will be provided under the terms of this Insurance unless and until the loss
adjusters confirm that Your claim is acceptable.
5.10. Compliance
with Insurance Terms
A replacement
Phone or repair of Your original Phone will not be provided if You have failed
to comply with the terms of the Insurance.
5.11. Administration
Fee
Any claim accepted
under the Insurance may be subject to an administration fee charged to Your
account in advance of provision of the repair or replacement. Details of the applicable
administration fee are set out on Your Confirmation of Insurance Cover.
5.12. Compensation
Arrangements
You may be
entitled to compensation from the Financial Services Compensation Scheme (FSCS)
if the Insurer cannot meet its liabilities. For further information see
www.fscs.org.uk or telephone 0207 892 7300.
6. CONDITIONS
6.1. Assignment
You cannot assign or transfer the
benefits under the Insurance to anyone else.
6.2. Non
Payment of Premium or Other Charges
6.2.1. If You are on Optional Orange Care, Your
insurance premium (including insurance premium tax) must be paid monthly. The
Insurance will cease immediately if any premium is not paid when it is due
unless the non-payment is due to a delay caused by a processing error by a
clearing bank.
6.2.2. If You have free or inclusive Orange Care,
Your account with Orange must be paid up to date in accordance with the Orange
Network Terms or other applicable agreement. This Policy will cease immediately
if any account with Orange is not paid when it is due unless the non-payment is
due to a delay caused by a processing error by a clearing bank or due to a
genuine dispute over amounts due on Your account.
6.3. Reasonable
Precautions
6.3.1. Any Authorised User must at all times act
with due care in looking after the Phone and take all reasonable precautions to
safeguard it against loss or damage.
6.3.2. Your Insurance will be cancelled by the
Insurer if Orange believes that You have persistently failed to comply with
this Condition.
6.4. Legal
Cancellation Rights
6.4.1. Clause 6.4 only applies to consumers (i.e.
individuals acting in a private capacity rather than for business purposes)
buying Orange Care through a distance sale (i.e. a sale, such as a telephone or
internet sale, that is not made on a face to face basis).
6.4.2. You can cancel this Policy within the first
14 days of the start date or receipt of the Confirmation of Insurance Cover,
whichever is the later. You will receive a full refund of all premiums paid in
connection with the Orange Care Insurance cover and You will have no further
obligation to pay any sums in respect of the Orange Care Insurance cover.
6.4.3. Any claims which You have made in the
meantime will be rejected. If You have made a claim and received a replacement
phone or accessories, You will be liable to pay Orange on behalf of the Insurer
the full cost of the phone and any accessories provided unless You return the
phone and any accessories in the original packaging and in saleable condition
at Your own cost, no later than 30 days after the date on which You cancelled
the policy.
6.4.4. If You do decide to cancel Your Orange Care
insurance cover You must do so calling Your Customer Service Number or writing
to Product Insurance Orange PCS Ltd, Senhouse Road, Darlington, DL1 4YG. If You
do not cancel within this legal cancellation period the Orange Care Insurance
cover will continue as defined by these terms.
6.5. Premium
Payment, Minimum Term and General Cancellation Rights
6.5.1. Premium payment
i) Premium
for Optional Orange Care is charged one month in advance and included on Your
usual monthly bill from Orange.
ii) Your
first premium payment will also cover the period from the start date of Your
Orange Care (detailed on Your Confirmation of Insurance Cover) to Your first
bill date in respect of Orange Care.
iii) Your bill date is determined by Orange, and falls on the same
date each month.
6.5.2. Four month minimum term
i) Unless
cancelled under paragraph 6.4, Orange Care is subject to a minimum duration of
four months.
ii) If
You want to cancel Orange Care at the end of the minimum period, You should
give notice to Orange before the end of the fourth month of cover.
iii) Provided Orange receives Your notice of cancellation before
the end of the fourth month of cover, Orange Care will be terminated at the end
of the four month minimum term for Orange Care.
iv) Where
the four month minimum term expires after You have paid the premium for the
fifth month, the premium for the fifth month will be rebated on a pro rata
basis on Your fifth bill. (Premium rebate may not occur until Your sixth bill
if notice is not received in time for processing on Your fifth bill).
6.5.3. Cancellation after minimum term
i) After
expiry of the initial four month period, You may cancel Orange Care at any time
by giving notice to Orange 10 days or more before Your next bill date under the
applicable Service Plan or Orange Business Contract.
ii) If
Your notice of cancellation is received by Orange less than 10 days prior to
the applicable bill date, Orange Care will continue until the next following
bill date and You will still have to make one further monthly premium payment.
6.6. Applicable
Law
English Law will apply to the
Insurance and English Courts shall have exclusive jurisdiction in any dispute under the Insurance unless You and the
Insurer agree otherwise.
6.7. Variations
in Terms and Premium
The terms of the
Insurance and/or the premium may be varied after the Insurer has given You 30
days notice in writing or in another durable form.
Your cancellation rights are
unaffected.
7. COMPLAINTS PROCEDURE
7.1. Any complaint You have regarding Your
Insurance should be addressed to Orange. Orange will deal with complaints on
behalf of the Insurer. Call Your Customer Service Number. Please have Your
Orange Account details ready to help deal with Your enquiry speedily.
Alternatively You can write to Product Insurance, Orange PCS Ltd, Senhouse
Road, Darlington, DL1 4YG.
7.2. Orange will always acknowledge receipt of
Your complaint within five working days and do their best to resolve the
problem within four weeks. If Orange cannot then Orange will let You know when
an answer might be expected.
7.3. If the matter remains unresolved at the
end of eight weeks then Orange will provide You with details of the Financial
Ombudsman Service or the appropriate alternative disputes resolution facility.
7.4. Using the Insurer?s complaints procedure
or referral to the Financial Ombudsman Service does not affect Your legal
rights.
IMPORTANT
NOTE: Paragraphs 8 and 9 below detail the terms and conditions of the Warranty
provided by Orange. The Warranty cover is additional to, and does not affect,
the legal rights that You may have under the general law against the retailer
of Your phone (which may or may not be Orange) and/or under any separate
warranty offered by the manufacturer of Your phone.
8. WARRANTY TERMS AND CONDITIONS -
DEFECTIVE MATERIALS OR WORKMANSHIP
8.1. If Your Phone (or parts thereof) becomes
defective due to faulty materials or workmanship Orange will (at its option)
repair or replace it at no charge, other than payment of the administration fee
referred to at paragraph 9.6 below, provided that:
8.1.1. Your Phone is no more than 36 months old;
8.1.2. it has been used in accordance with the
operating instructions;
8.1.3. any repairs which may have been, or are to be
undertaken have been arranged by Orange;
8.1.4. You have complied with the foregoing terms
and conditions;
8.1.5. the Phone is registered and connected to the
Orange network in Your name;
8.1.6. Batteries only have a 6-month warranty;
8.1.7. If You exercise the right to cancel the
Insurance set out in paragraph 6.4 above, or if the Insurance is cancelled or
terminated for any other reason, the warranty cover provided by Orange under
this paragraph 8 will also cease.
9.
GENERAL
9.1. It is a condition of the Warranty that the
replacement of any Phone will only be made with an Orange product. Wherever
possible, reasonable efforts will be made to ensure that the replacement phone
is of the same or similar specification.
9.2. Replacement phones may be supplied from
refurbished stock that have been tested and are fully functional.
9.3. In the event of a claim You are only
entitled to repair or replacement (at the option of Orange) of Your Phone.
There is no entitlement to any monetary settlement.
9.4. The Warranty period will be unaffected by
the replacement of Your Phone and will continue to apply from the date Orange
Care first came into force.
9.5. Where a replacement phone is issued the
original Phone must be returned to Orange.
9.6. Any claim accepted will be subject to an
administration fee charged to Your account by Orange in advance of any repair
or replacement being undertaken. Details of the administration fee are set out
on Your Confirmation of Insurance Cover.
9.7. The administration fee will not be payable
where the defective material or workmanship has been brought to Orange?s
attention within 6 months of the date of purchase of the Phone.
9.8. If You cancel the Insurance under Your
rights in paragraph 6.4 and where You have paid an administration fee during
the period from the start date to the date of cancellation, Orange will refund
that administration fee to You.
9.9. The terms of the Warranty may be varied
after Orange has given You 30 days notice in writing or in another durable
form.
10. SWITCHING BETWEEN SERVICE PLANS
10.1. If You switch between Pay Monthly Service
Plans both of which include Orange Care then Orange Care will continue
unaffected.
10.2. If You switch between Pay Monthly Service
Plans which do not include Orange Care then any purchased Orange Care would
continue unaffected.
10.3. At the end of any free or inclusive cover
period, if You remain connected to the Orange Network, whether under an
existing Service Plan or after a Service Plan expires, then, unless You
instruct us to cancel Your Orange Care, or as otherwise agreed, Your Orange
Care will continue as Optional Orange Care at the applicable monthly premiums.
Orange will notify You of this prior to charging and will give You the
opportunity to cancel Your Orange Care at the time.
10.4. If You switch to a Service Plan inclusive of
Orange Care from one which did not have Orange Care included then You will be
covered by Orange Care from the point of switching Service Plans.
10.5. If You switch from a Pay Monthly Service
Plan to a Pay As You Go Service Plan Orange Care will automatically cease and You will not be entitled
to any refund of premiums paid.
11. UPGRADING
11.1. If You Upgrade Your Phone and start a new
Service Plan then Your entitlement to Orange Care will d epend on Your new Service Plan.
11.2. For Orange Business Customers, if You
Upgrade Your Phone without changing Your Service Plan and:
11.2.1. start a new Minimum Connection Period
then Your Orange Care will restart with the new Minimum Connection Period; or
11.2.2. do not restart Your Minimum
Connection Period, then Your Orange Care will continue unaffected.
12. DATA PROTECTION
12.1. Any personal information provided by You may
be held by Orange, HSBC and the Insurer in relation to Your Insurance cover. It
may be used by Orange, HSBC or the Insurer?s relevant staff in making a
decision concerning Your Insurance and administering claims. Information may be
passed to loss adjusters and reinsurers for these purposes. This may involve
the transfer of Your information to countries which do not have data protection
laws.
12.2. Under data protection legislation, You can
ask us in writing for a copy of certain personal records held about You. A
charge may be made.
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