Funeral Plan Policy & Disclosure Notice
(collectively, the “POLICY”)
This Policy is underwritten by Guardrisk Life Limited, a licensed life insurer with registration number 1999/013922/06 and FSP number 76 (“GUARDRISK” or “INSURER”).
2. TYPE OF POLICY:
Life: Funeral Class of Business.
Foschini Retail Group (Pty) Ltd (registration number 1988/007302/07 and FSP number 32719) (“ADMINISTRATOR” or “TFG”).
Words importing the singular shall include the plural and vice versa; words importing a gender shall include the other gender.
If any provision in the definitions below is a substantive provision conferring rights or imposing obligations on any party to this Policy, notwithstanding that such provision is only contained in this clause, effect shall be given thereto as if such provision were a substantive provision in the body of this Policy.
4.1 ACCIDENT: means the sudden, unforeseen and uncertain event, which could not reasonably be expected to occur, which is caused by violent, external, physical and visible means at an identifiable time and place, resulting directly and independently of any other cause, in Bodily Injury;
4.2 ACCIDENTAL DEATH: means Bodily Injury which (directly and independently of all other causes) results within 30 (thirty) days, in the death of the Insured and shall exclude Natural Death;
4.3 BODILY INJURY: means physical bodily injury to the Insured caused by an Accident. Bodily Injury shall be deemed to include death by starvation, thirst and/or exposure to the elements;
4.4 BUSINESS DAYS: means any days excluding Saturdays, Sundays and public holidays;
4.5 CHILD/CHILDREN: means (where the Family option has been elected by the Principal Insured and where the additional premium has been paid) the Principal Insured’s unmarried minor Child/Children who has/have not yet attained the age of 21 (twenty one) years, or the Principal Insured’s mentally/physically disabled Child/Children (where that/those Child/Children are fully dependent on the Principal Insured, irrespective of the Child/Children’s age) and shall include natural children, legally adopted children and stepchildren. The Principal Insured can nominate (in writing) a maximum of 4 (four) Children. A stillborn Child is included under this definition provided that there is at least 26 (twenty six) weeks of existence in the uterus and that the foetus showed no life after complete birth. Stillborn shall exclude the intentional termination of the life of the Child.
4.6 CLAIM: means, unless the context indicates otherwise, a demand for benefits under this Policy by a Claimant, irrespective of whether or not the Claimant’s demand is valid, made by submitting a completed and signed claim form with supporting documents to the Administrator;
4.7 CLAIM EVENT: means the risk insured, occurring during the currency of this Policy, being the Accidental Death or Natural Death of the Principal Insured, Partner, Parent or Child/Children (where the Partner, Parent or Family option has been selected by the Principal Insured and where the additional premium/s has/have been paid) as defined in this Policy;
4.8 CLAIMANT: means a person who makes a Claim in relation to this Policy;
4.9 COMMENCEMENT DATE: means the date when the cover in terms of this Policy starts and is effective, being the date that the take-up of this insurance product is captured by TFG OR the date on which the Principal Insured takes up this Policy over the telephone OR the date on which the Principal Insured activates his/her new store card in a TFG store if he/she took up this Policy when applying for a TFG credit facility OR the date on which the 1st premium is received by the Insurer (whichever is the earlier).
If the Partner/Family/Parent option is taken up after the Commencement Date, the Commencement Date for the Partner/Child or Children/Parent will be the date that the Principal Insured takes up the cover over the telephone, or the date that the take-up of the cover is captured by TFG (whichever is the earlier);
4.10 CREDIT LIMIT: means the maximum approved amount of credit in terms of the Principal Insured’s TFG credit facility;
4.11 DAY: means a 24 (twenty-four) hour period, and ‘DAYS’ has a corresponding meaning;
4.12 DEATH: means the Accidental Death or the Natural Death of the Insured;
4.13 DOMICILE: means the address which a person treats as their permanent home;
4.14 EXCLUSIONS: means losses or risk events not covered under this Policy;
4.15 INSURED: means the Principal Insured, Partner, Parent or Child/Children (depending on whether the Partner, Parent or Family option has been selected and where the additional premium has been paid) insured under this Policy;
4.16 NATURAL DEATH: means death that is not Accidental Death;
4.17 NOMINATED BENEFICIARY: means a person nominated by the Policyholder as the person in respect of whom Guardrisk should meet this Policy’s benefits, other than the Policyholder, on the death of the Policyholder;
4.18 PARENT: means (where the Parent option has been selected by the Principal Insured and where the additional premium has been paid) the Principal Insured’s parent/s and/or the Partner’s parent/s and shall include natural parents, step parents and legally adoptive parents of the Principal Insured and / or the Partner. The Principal Insured can nominate (in writing) a maximum of 4 (four) Parents;
4.19 PARTNER: means (where the Partner option has been selected by the Principal Insured and where the additional premium has been paid) the legal husband, wife or civil union spouse of the Principal Insured or a person who is in a permanent relationship with the Principal Insured and who shares a Domicile with the Principal Insured. There may only be one Partner insured under this Policy at any point in time. The Partner’s maximum age at the Commencement Date must not exceed sixty (60);
4.20 PERSONAL INFORMATION: means personal information as defined in the Protection of Personal Information Act 4 of 2013;
4.21 POLICYHOLDER: means the Principal Insured;
4.22 PRINCIPAL INSURED: means the adult, South African permanent resident who is over the age of 18 (eighteen) years but not yet 60 (sixty) years of age, who has applied for insurance which has been accepted by the Insurer and, if the premium is to be debited and collected from the Principal Insured’s TFG credit facility, said facility is active and up-to-date;
4.23 REPUDIATE: means, in relation to a Claim, any action by which Guardrisk rejects or refuses to pay a Claim or any part of a Claim, for any reason, and includes instances where a Claimant lodges a Claim –
in respect of a loss event or risk not covered by this Policy; and
in respect of a loss event or risk covered by this Policy, but the premium or premiums payable in respect of this Policy are not paid
and ‘REPUDIATION’ shall have a corresponding meaning;
4.24 TFG: means the Administrator and any of its trading divisions or stores;
4.25 UNCLAIMED BENEFIT: means a benefit in terms of an approved Claim where the benefit can’t be paid to the Principal Insured/Nominated Beneficiary within 3 (three) months of the Claim having been approved because the Principal Insured/Nominated Beneficiary is not contactable. In other words, the Principal Insured/Nominated Beneficiary cannot be located, his/her emails are undelivered, his/her post is returned to TFG and/or his/her contact number is no longer in use. “UNCLAIMED BENEFITS” shall have a corresponding meaning;
4.26 VARIATION: means any act that results in a change to –
any Policy benefit;
any exclusion; or
the duration of this Policy
and ‘VARY’ and ‘VARIATIONS’ have corresponding meanings;
4.27 WAITING PERIOD: means a period of 3 (three) months starting from the Commencement Date for the Principal Insured, a Partner and/or a Child/Children and a period of 6 (six) months starting from the Commencement Date for a Parent, and which is applicable for Natural Death. Once the Waiting Period has passed, Natural Death of the Insured will be covered. There is no waiting period for Accidental Death.
For replacement policies (not where this Policy is an additional policy to increase the overall funeral benefits of the Policyholder) only: if an Insured was covered by a similar policy with another insurer (the “Other Policy”) at least 31 (thirty one) days before the Commencement Date, and the waiting period under the Other Policy had been completed, this Waiting Period will not apply to that Insured, provided that this is disclosed to the Insurer and/or the Administrator by the Insured. If the waiting period under the Other Policy has not expired on the Commencement Date, the Insurer may impose a waiting period equal to the unexpired part of the waiting period under the Other Policy.
Where the Partner, Parent or Family option has been selected after the Commencement Date of the Policy and where the additional premium/s has/have been paid, the Waiting Period for any claim relating to the Partner, Parent/s or Child/ren will commence from the date that the Partner, Parent or Family option is captured by TFG.
If this Policy is suspended and reinstated (see clause 9(a) for when this can happen), a waiting period equal to the unexpired portion of the Waiting Period will apply when this Policy reinstates;
4.28 WELCOME LETTER: means the letter sent to the Principal Insured from the Administrator confirming inter alia that the Principal Insured has consented to taking up this Funeral Plan.
5. OPERATIVE CLAUSE:
In return for the timeous and prior payment of the required monthly premium by the Principal Insured and receipt thereof by Guardrisk and subject to the terms of this Policy, on the occurrence of the Claim Event, Guardrisk will pay the benefits to the Nominated Beneficiary, or in the case of the Partner, Parent and/or Family option, the benefit will be paid to the Principal Insured, or to a service provider of the Claimant’s choice and at the Claimant’s direction. Guardrisk will pay the benefits within 48 (forty eight) hours [2 (two) Business Days] upon receipt of all of the necessary claim documentation (see clause 10)
6. FUNERAL BENEFITS:
I. On the Death of the Principal Insured:
Subject to the Waiting Period and the terms and conditions of this Policy, Guardrisk will pay the capital sum of R34 000 (thirty four thousand rand) to the Nominated Beneficiary.
II. On the Death of the Partner (where the Partner option has been selected):
Subject to the Waiting Period and the terms and conditions of this Policy, Guardrisk will pay the capital sum of R20 500 (twenty thousand five hundred rand) to the Principal Insured.
III. On the Death of a Child/Children (where the Family option has been selected):
Subject to the Waiting Period and the terms and conditions of this Policy, Guardrisk will pay the capital sum of R6 700 (six thousand seven hundred rand) to the Principal Insured.
IV. On the Death of a Parent/s (where the Parent option has been selected):
Subject to the Waiting Period and the terms and conditions of this Policy, Guardrisk will pay the following capital sums to the Principal Insured:
The Parent/s will continue to be covered even when the Principal Insured is divorced or separated from the Partner.
7. GENERAL EXCLUSIONS:
Guardrisk will not be liable to pay any benefit under this Policy if the claim for a benefit arises directly or indirectly from or as a consequence to or from, resultant from or traceable to:
a) suicide (whether sane or insane) or attempted suicide (this exclusion only applies for the first 12 (twelve) months following the Commencement Date;
b) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel or from any nuclear weapons material. For the purpose of this exception only, combustion shall include any self-sustaining process of nuclear fusion;
c) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, mutiny, insurrection, rebellion, revolution, military or usurped power;
d) the Insured’s deliberate exposure to exceptional danger (except in an attempt to save human life) or the Insured’s own criminal act;
e) willful self-injury or where the Insured is affected temporarily or otherwise, by alcohol, narcotics, insanity or drugs, unless the latter is administered by or prescribed by or taken in accordance with the instructions of a registered medical practitioner (other than herself/himself where the Insured is such a registered medical practitioner).
8. PREMIUM AND INTEREST PAYMENT:
8.1 If the premium is charged to the Principal Insured’s TFG credit facility, the following provisions apply:
a) The premium payable is the monthly amount specified in TFG’s credit facility statement of account. TFG will pay the premium to the Insurer on the Principal Insured’s behalf each month. TFG will recover the premium which it pays to the Insurer each month from the Insured by debiting an amount equal to the premium paid on the Insured’s behalf from the Insured’s TFG credit facility every month. This debit will show on the Insured’s TFG credit facility statement each month.
b) The terms and conditions for TFG’s credit facility will apply together with the terms and conditions of this Policy as set out in this document. The billing of the amount equal to the premium will attract interest when the Principal Insured’s TFG credit facility payment plan attracts interest, at the same rate applicable to the TFG credit facility’s payment plan, and TFG will keep that interest.
8.2 If the premium is paid by means of a debit order, the following provisions apply:
d) The premium is the monthly amount shown on the Welcome Letter. The Principal Insured authorises and requests the Administrator, or its authorised representative, to draw against the personal bank account provided to the Administrator telephonically, the amount necessary for payment of the monthly premium as and when required and for the amount requested every month, until this Policy is cancelled in writing.
e) The Principal Insured will be responsible for the payment of any bank charges associated with the monthly debit order.
8.3 The premium is subject to review once every calendar year. The Principal Insured will be notified of any premium increases 31 (thirty one) Days prior to any change. The increased amount will be debited to the Insured’s TFG credit facility from the effective date of the increase.
9. CESSATION OF COVER:
a) This Policy will suspend (the Insured/s will not have cover and the Principal Insured will not be billed for an amount equal to the premium) when:
1.1 The Principal Insured has not paid the monthly amount required by TFG on his/her TFG credit facility for 2 (two) consecutive months. The Principal Insured may contact TFG’s customer services on 0860 834 834 if he/she would like to know what this amount is. TFG will notify the Principal Insured in writing when he/she has not paid this amount);
1.2 The Principal Insured is under debt review as provided for in the National Credit Act 34 of 2005;
1.3 The Principal Insured is under administration as provided for in the Magistrates’ Courts Act 32 of 1944;
1.4 The Principal Insured becomes insolvent as provided for in the Insolvency Act 24 of 1936;
1.5 The Principal Insured’s Credit Limit is reached
As soon as any of the circumstances listed above at 1.1 to 1.5 come to an end, this Policy will reinstate automatically. See clause 9(c) for details on when this Policy will end.
b) If the premium is paid by means of a debit order:
From the second month of the currency of the Policy, if the premium is not paid on the date that it was due to be paid as a result of the Principle Insured stopping the debit order payment, the Principal Insured will have 31 (thirty one) days to pay the premium, failing which the Policy will end at 16h00 on the date that the premium was due to be paid. From the second month of the currency of this Policy, if the premium is not paid for any other reason than having been stopped by the Principle Insured, the Administrator or its authorised representative will re-debit the premium in the following month, which means the premium will be billed twice, and should the outstanding premium not be paid when it is re-debited, the Policy will be cancelled from the date the first unpaid premium was due to be paid.
c) The Policy shall also automatically end at midnight on the day that:
I. the Principal Insured dies;
II. the Administrator ceases to participate in the Policy;
III. the Policy terminates for any reason whatsoever;
IV. the Principal Insured’s TFG credit facility is terminated; or
V. the Principal Insured turns 65;
whichever of the aforementioned events in this clause 9(c) first occurs.
d) Where the Partner option has been selected and where the Partner reaches the age of sixty-five (65), cover in respect of the Partner only shall end and cover for the Principal Insured shall not end until the latter reaches the age of sixty-five (65) or until any of the other events mentioned above in this clause occur.
e) Where the Partner option has been selected – upon divorce or the permanent separation of the Partner from the Principal Insured, the insurance cover for that Partner shall end. The Principal Insured must notify the Administrator in writing if the Principal Insured separates from the Principal Insured’s Partner, divorces or remarries, failing which any claim made will be affected negatively.
f) Where the Family option has been selected and where a Child covered under the Family option reaches the age of twenty-one (21), cover in respect of that Child shall end unless such Child is fully dependent on the Principal Insured due to mental or physical incapacity which shall remain for the rest of such Child’s life.
g) Where the Parent Option has been selected, cover for the Parent will end when the Principal Insured reaches the age of sixty-five (65), where the Principal Insured’s credit facility is terminated or closed (if applicable) or where the Policy terminates for any reason whatsoever.
h) Guardrisk shall not be affected by any arrangements that may be made between the Administrator and the Principal Insured in any reduction of the number of instalments originally agreed on or extending the period for the repayment of the indebtedness beyond that originally agreed upon.
i) Guardrisk may immediately cancel this Policy, or place it on hold, refuse any transactions or instructions, or take any other action considered necessary in order to comply with the law and prevent or stop any undesirable or criminal activity
10. CLAIMS NOTIFICATION PROCEDURE:
A Funeral Plan Claim must be made within 3 (three) months of the Claim Event.
A claim form is attached to the Welcome Letter. If the Insured has lost the claim form that was attached to the Welcome Letter, she/he may request a copy from any TFG store or download a claim form on the Administrator’s website at www.tfginsurance.co.za. The Claimant can also contact the Insurance Claims Department and request a claim form to be sent to him/her (the contact details are further down in this clause).
The Claimant can notify the Administrator of a claim by clicking on the claims notification tab on the Administrator’s website at www.tfginsurance.co.za (but the Claimant will still be required to complete, sign and submit a claim form as indicated below).
To make a Claim, the Claimant must email the completed and signed claim form with supporting documents listed below to the Insurance Claims Department at firstname.lastname@example.org. If the Claimant does not have access to email, he/she can go to the closest TFG store and hand in the fully completed and signed claim form with the documents listed below.
The Claimant must take the following documents to the TFG store:
or any additional details that may be required to determine the validity of a Claim.
If required by Guardrisk, the Insured’s representative shall provide Guardrisk with the deceased Insured’s post-mortem report and the Police Report in cases of unnatural death.
The TFG store staff will email the claim documents to TFG’s Insurance Claims Department. Contact details for the Insurance Claims Department are:
Please contact TFG’s Insurance Claims Department for a copy of TFG’s Claims Management Framework.
Notification of all Claims that are submitted to the Administrator under this Policy shall be made to Guardrisk by the Administrator, on behalf of the Principal Insured or Nominated Beneficiary/Claimant.
A Claim shall not be payable by Guardrisk, if the conditions set out in this clause are not complied with.
If a benefit under this Policy is an Unclaimed Benefit, TFG will take action to determine if the Principal Insured/Nominated Beneficiary is alive and/or aware of the benefit payable to him/her under this Policy. Specifically, in the 3 (three) year period after the Unclaimed Benefit arises, TFG may:
Before the end of the 3 (three) year period referred to above, TFG will confirm the Unclaimed Benefit and transfer the amount of the Unclaimed Benefit to an account in the name of the Insurer, and the Insurer will accept liability for the Unclaimed Benefit.
TFG will deduct any administrative and tracing costs from the Unclaimed Benefit payable.
If the Insured or Claimant disputes Guardrisk’s repudiation of her/his Claim (which the Administrator communicates on behalf of Guardrisk), the Insured/Claimant has 90 (ninety) days from the date of receipt of the rejection letter to appeal this decision in writing to Guardrisk.
If the appeal is not successful or the dispute is not resolved at the end of this 90 (ninety) day period then the Insured/Claimant has an additional 6 (six) months to institute legal action against Guardrisk by serving summons on it, failing which Guardrisk is no longer liable in respect of the Claim and such legal action will no longer be possible.
If any complaint to the Administrator and/or Guardrisk is not resolved to the Insured’s satisfaction, the Insured may submit a complaint to the relevant Ombudsman scheme (see the Disclosure Notice for the Ombudsman’s contact details).
This Policy shall be voidable in the event of misrepresentation, misdescription or non-disclosure by or on behalf of the Insured of any particular which is material to Guardrisk’s assessment of the risk, in which event any and all premiums so paid or payable shall be forfeited to Guardrisk.
It is the responsibility of the Insured to let the Administrator know if any of her/his circumstances change and where this could affect the outcome of a potential Claim and/or invalidate this Policy and its benefits.
12. SURRENDERS OR CESSIONS:
This Policy may not be assigned or transferred. This Policy does not accrue a surrender, loan or paid up value.
13. CONDITION PRECEDENT:
Strict compliance by the Insured with all the provisions, conditions and terms of this Policy shall be a condition precedent to liability on the part of Guardrisk hereunder.
14. COOLING-OFF RIGHTS AND CANCELLATION:
This Policy can be cancelled by the Principal Insured within 60 (sixty) Days of having received this Policy, or from a reasonable date on which it can be deemed that the Principal Insured received this Policy (provided that no benefit has yet been paid or claimed or the event insured against has not yet occurred) by giving notice in writing to Guardrisk, care of the Administrator. If this Policy is cancelled within this 60 (sixty) Day cooling - off period, the Principal Insured will receive a refund of her/his paid premiums.
After this 60 (sixty) Day cooling - off period, this Policy may be cancelled by the Principal Insured giving 31 (thirty one) Days’ notice in writing to Guardrisk, care of the Administrator or it may be cancelled by Guardrisk giving 31 (thirty one) Days’ notice in writing to the Principal Insured at the Principal Insured’s last known address, email address or via sms. Cover will cease at midnight on the last day for which the premium has been paid. If this Policy is cancelled after the expiry of the cooling - off period, the premiums paid will not be refunded to the Principal Insured.
15. POLICY VARIATIONS:
Guardrisk reserves the right to Vary this Policy by giving the Administrator written notice (by post, email or SMS) of such intention at least 31 (thirty one) Days before any premium rate adjustment and 31 (thirty one) Days’ notice before any other Policy Variation, unless the Variation is to increase the Policy benefits without increasing the premium, in which case no advance notice will be required. The Administrator must inform the Insured of any material Variation of the terms and conditions. Any Variations will be binding on Guardrisk, the Administrator and the Insured and can be applied at any time to the existing terms and conditions after written communication of these changes has been sent to the Principal Insured.
If any Claim under this Policy is in any respect fraudulent, or if any fraudulent means or devices are used by the Insured or anyone acting on her/his behalf to obtain any benefits under this Policy, all benefits including premiums paid under this Policy shall be forfeited.
In addition, in the event of misrepresentation, misdescription or non-disclosure by or on behalf of the Insured of any particular material to the assessment of the risk, all benefits including premiums paid under this Policy shall be forfeited.
17. JURISDICTION AND GOVERNING LAW:
Only the courts of South Africa shall have jurisdiction to entertain any claims arising out of or in respect of this Policy and the law of South Africa shall apply to this Policy.
The parties hereby consent to the jurisdiction of the High Court of South Africa (South Gauteng Division, Johannesburg), in respect of all claims and causes of action between them, whether now or in the future, arising out of or in respect of this Policy.
18. INDULGENCE, LENIENCY OR EXTENSION:
No indulgence, leniency or extension of time which the Administrator or Guardrisk may grant or show to the Insured, shall in any way prejudice the Administrator or Guardrisk, or preclude the Administrator or Guardrisk, from exercising any of their rights in the future.
19. COMMISSION OR OTHER REMUNERATION PAYABLE TO THE ADMINISTRATOR:
An intermediary fee of 7.5% and a binder fee of 15% of the total monthly premium is payable to the Administrator, which is included in the monthly premium.
20. NO RIGHTS TO OTHER PARTIES:
Unless otherwise expressly provided in this Policy, nothing in this Policy shall give any rights to any person other than the Insured. Payment to the Principal Insured or the approved claimant shall in every case be a full discharge to Guardrisk.
21. PROCESSING AND PROTECTION OF PERSONAL INFORMATION
21.1 For the purposes of this section, “Applicable Laws” shall mean the Protection of Personal Information Act 4 of 2013 and any other legislation referring to data management and such processes.
21.2 The Insured’s privacy is of utmost importance to TFG and the Insurer. TFG and the Insurer will take the necessary measures to ensure that any and all information, provided by the Principal Insured or which is collected from the Principal Insured is processed in accordance with the provisions of the Protection of Personal Information Act 4 of 2013 and further, is stored in a safe and secure manner.
21.3 The Principal Insured agrees to give honest, accurate and up-to-date Personal Information and to maintain and update such information when necessary. The Insured has the right to access his/her Personal Information held by TFG or the Insurer, during office hours and within a reasonable time after receiving such a written request for access. The Insured may update his/her Personal Information at any time by calling TFG.
21.4 The Insured accepts and expressly consents that his/her Personal Information collected by TFG and/or the Insurer may be used for the following reasons:
21.4.1 to establish and verify the Insured’s identity in terms of the Applicable Laws;
21.4.2 to enter into this Policy and to enable the Insurer, TFG and either of their authorised representatives to fulfil their obligations in terms of this Policy and to comply with the Principal Insured’s instructions;
21.4.3 to enable the Insurer and TFG to detect fraud and criminal activities and to take the necessary measures to prevent any suspicious or fraudulent activity in terms of the Applicable Laws;
21.4.4 reporting to the relevant regulatory authority/body, in terms of the Applicable Laws; and
21.4.5 to carry out the activities referenced at clause 10 above in relation to Unclaimed Benefits.
21.5 The Insured expressly consents to TFG and the Insurer sharing his/her Personal Information with third parties to administer this Policy and comply with any regulatory requests. TFG and the Insurer may share the Insured’s information for further processing with the following third parties, which third parties have an obligation to keep the Insured’s Personal Information secure and confidential:
21.5.1 payment processing service providers, merchants, banks and other persons that assist with the processing of the Principal Insured’s payment instructions;
21.5.2 law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime;
21.5.3 regulatory authorities, industry ombudsmen, governmental departments, local and international tax authorities, and other persons that TFG and the Insurer, in accordance with the Applicable Laws, are required to share the Insured’s Personal Information with;
21.5.4 credit bureau’s;
21.5.5 TFG’s and the Insurer’s service providers, agents and sub-contractors that have been contracted by TFG or the Insurer to offer and provide products and services to the Insured in respect of this policy; and
21.5.6 persons to whom TFG or the Insurer cede their rights or delegate their authority in terms of this Policy.
21.6 TFG and the Insurer will only keep the Insured’s Personal Information for as long as necessary or required by law.
21.7 Unless consented to by the Insured, TFG and the Insurer will not sell, exchange, transfer, rent or otherwise make available the Insured’s Personal Information to any other parties and the Insured indemnifies TFG and the Insurer from any claims resulting from disclosures made with his/her consent.
21.8 The Insureds understand that if TFG/Insurer has utilised his/her Personal Information contrary to the Applicable Laws, he/she has the right to lodge a complaint with Guardrisk or with the Information Regulator once established.
21.9 If the Principal Insured has chosen to take up cover for his/her Partner and/or Child/ren and/or Parent/s, the Principal Insured confirms that he/she has alerted the Partner/Child/ren/Parent/s to this clause 21 and obtained the Partner’s/Child/rens’/Parent/s’ consent to provide TFG and the Insurer with the Partner’s/Child/rens’/Parent/s’ Personal Information, subject to the provisions of this clause 21. The Principal Insured indemnifies TFG and the Insurer from any claims resulting from the sharing of the Partner’s/Child/rens’/Parent/s’ Personal Information without the Partner’s/Child/rens’/Parent/s’ consent.
22. TREATING CUSTOMERS FAIRLY:
TFG has created a superior solution – encompassing products, processing and service – tailored to each of its customers’ requirements. TFG will, at all times, deliver a superior customer experience, simplifying and improving its customers’ lives. TFG will achieve this through a motivated team of skilled people, absolute fairness in its treatment of its customers and partners and complying with the principles and outcomes of Treating Customers Fairly. These are:
Long-term Insurance Policyholder Protection Rules 2017 (PPRs)
Financial Advisory and Intermediary Services (FAIS) General Code of Conduct 2003
Business Name: Foschini Retail Group (Pty) Ltd
Registration number: 1988/007302/07
Physical address: Stanley Lewis Centre, 340 Voortrekker Road, Parow East, 7500
Postal address: P O Box 6020, Parow East, 7501
Telephone: 0860 834 834
Email address: email@example.com
Website: www.tfg.co.za and/or www.tfginsurance.co.za
FAIS registration (FSP No): 32719
In terms of the FSP license, Foschini Retail Group (Pty) Ltd is authorised to provide intermediary services for products under Long-term Insurance Category B1.
Without in any way limiting and subject to the other provisions of the Services Agreement/Mandate, Foschini Retail Group (Pty) Ltd accepts responsibility for the lawful actions of their representatives (as defined in the Financial Advisory and Intermediary Service Act) in rendering financial services within the course and scope of their employment. Some representatives may be rendering services under supervision and will inform you accordingly.
TFG is committed to combating money-laundering and terrorist finance as required by the Financial Intelligence Centre Act 38 of 2001, as amended. As such, you are required to inform us if you are a domestic prominent influential person (DPIP) or foreign prominent public official (FPIP) as defined in said Act. If your status changes (I.e. you become a DPIP or FPIP after taking up this Policy, you are also required to keep TFG informed.
Legal and contractual relationship with the Insurer: Foschini Retail Group (Pty) Ltd is an authorised financial services provider and registered credit provider in terms of the National Credit Act (NCRCP#36). Foschini Retail Group (Pty) Ltd performs services as an intermediary and binder holder under the Long-Term Insurance Act, the Financial Advisory and Intermediary Services Act and its Regulations, entering into Long-Term policies. It has an agreement with Guardrisk, a cell captive insurer, and has the necessary mandates to act on behalf of Guardrisk and acts in accordance with the mandate which is in place.
Professional Indemnity: Foschini Retail Group (Pty) Ltd holds Professional Indemnity Insurance cover.
Claims Procedure including prescription period: please contact Foschini Retail Group (Pty) Ltd’s Insurance Claims Department for a copy of Foschini Retail Group (Pty) Ltd’s Claims Process.
Complaints Procedures: Should you have a complaint, or if you would like a copy of the Foschini Retail Group (Pty) Ltd’s Complaints Management Framework, kindly visit our website, call Customer Services on 0860 834 834 or email us at firstname.lastname@example.org.
For all complaints, please first address your complaint with us, the Administrator, as we would like to try and resolve it. If we have not been able to assist satisfactorily, then you may elevate your complaint to Guardrisk. See below for Guardrisk’s full contact details.
If the complaint to Guardrisk is not resolved to your satisfaction, you may submit the insurance complaint to the Industry Regulators, whose details appear below.
Compliance Officer: external compliance officer – Loren Basson, telephone number 087 897 6970
Conflict of Interest: please call Customer Services on 0860 834 834 for a copy of Foschini Retail Group (Pty) Ltd’s Conflict of Interests Policy.
Business Name: Guardrisk Life Limited
Registration number: 1999/013922/06
Physical address: The MARC, Tower 2, 129 Rivonia Road, Sandown, Sandton 2196
Postal address: PO Box 786015, Sandton, 2146
FAIS registration: FSP 76
In terms of the FSP license, Guardrisk Life Limited is authorised to give advice and render financial services for products under:
Professional Indemnity and/or Fidelity Cover:
Guardrisk has a Professional Indemnity Cover and a Fidelity Guarantee Cover in place.
Fax Number: +27-11-675-3826
Telephone: 0860 333 361
Conflict of Interest :
Guardrisk Life Limited has a conflict of interest management policy in place and is available to clients on the website.
A copy of the policy wording can be obtained from Foschini Retail Group (Pty) Ltd’s website (details above).
The Policy document and Welcome Letter detail the type of policy, risk covered and the policy benefits.
The Policy document and Welcome Letter detail the frequency of premium payments and the amount which is due. The Policy document and Welcome Letter also detail the manner of payment of the premiums, their due date and consequences of non-payment.
The Policy document and Welcome Letter detail fees which are payable under the policy.
Cooling Off Rights
If any of the information reflected above and below was given to you orally, this disclosure notice serves to provide you with the information in writing. Should you not be satisfied with the policy, you are entitled to a period up to 60 days from date of receipt of the policy within which you may cancel your policy in writing at no cost. Cover will cease upon cancellation of the policy.
All premiums paid by the policyholder to the insurer up to the date of receipt of the cancellation notice will be refunded to the policyholder.
Other matters of importance
You will be informed of any material changes to the information about the intermediary, insurer and or underwriter provided above.
If we fail to resolve your complaint satisfactorily, you may submit your complaint to the Ombudsman of Long-Term Insurance.
You will always be given a reason for the repudiation of your claim.
If the insurer wishes to cancel your policy, the insurer will give you 31 days’ written notice, to your last known address.
You will always be entitled to a copy of your policy at no charge.
Do not sign any blank or partially completed application form.
Complete all forms in ink.
Keep notes of what is said to you and all documents handed to you.
Where applicable, call recordings will be made available to you.
Don’t be pressurised to buy the product. You have the right to refuse the offer of this insurance.
Failure to provide correct or full relevant information may influence an insurer on any claims arising from your contract of insurance.
Waiver of Rights
No insurer and/or intermediary may request or induce in any manner a client to waive any right or benefit conferred on the client by/or in terms of any provisions of the said Code, or recognise, accept or act on any such waiver by a client. Any such waiver is null and void.
Particulars of the Long Term Ombudsman
(For claims/service related matters)
Postal address: Private Bag X45, Claremont, Cape Town, 7700
Telephone: +27-21- 657- 5000 / 0860 103 236
Fax number: +27-21- 674- 0951
Email address: email@example.com
Particulars of the Registrar of Long Term Insurance
Postal address: PO Box 35655, Menlo Park, 0102
Telephone: +27-12- 428-8000
Fax number: +27- 12- 347- 0221
Email address: firstname.lastname@example.org
Particulars of FAIS Ombudsman
(For product related matters)
Postal Address: PO Box 74571, Lynnwood Ridge, 0040
Telephone: +27- 12- 470- 9080
Fax number: +27- 12- 348- 3447
Email address: email@example.com
Particulars of the Information Regulator
(For personal information related matters)
Postal Address: PO Box 31533, Braamfontein, Johannesburg, 2017
Telephone: +27- 010- 023- 5200
Cell number: +27- 082- 746- 4173
Email address: complaints.IR@justice.gov.za