Effective from 26/02/2021 Think Driver Insure Limited is an Appointed Representative of Motorway Direct Plc which is authorised and regulated by the Financial Conduct Authority (FCA), Financial Services Register Number 311741. 1 1010 - 02/2021 - 819 - 1 Terms & Conditions WARRANTY PROTECTION 6-60 Our commitment to good service We hope You will be completely happy with this Insurance but if something does go wrong, We would like to know about it. We will do Our best to resolve the issue and make sure it doesn’t happen again. Eligibility This Insurance will suit the demands and needs of a customer who owns a motor vehicle and wishes to insure against the costs of unforeseen mechanical and/or electrical failure. This Insurance is available for passenger cars, vans and light commercial vehicles up to 3,500kg GVW that are registered within the Geographical Limits at the Policy Start Date This Insurance does not cover vehicles that; • are used for hire or reward (e.g. taxi, mini cab, courier or driving tuition); • are scooters, trikes or quad bikes; • are over 3,500kg GVW, 2.3m wide or 6.4m in length; • have been previously recorded as an insurance total loss; • have been modified from the manufacturer’s standard specification; • are used for road-racing, rallying, or any other competitive event; • are over 6 years old at inception; • have covered over 60,000 miles at inception. Who’s Who with regard to this Insurance This policy is a contract of insurance between You and the Insurer , Wakam, 120-122 rue Réaumur, 75002 Paris, France, which is authorised by the Authoritié de Controle Prudentiel et de Résolution in France and subject to limited regulation by the Financial Conduct Authority. Details about the extent of the Insurer’s regulation by the Financial Conduct Authority are available from the Insurer on request. The Insurer will indemnify the policyholder subject to the terms, conditions, clauses and exclusions of this policy during the Period of Insurance within the Geographical Limits This Insurance is administered and claims are handled on behalf of the Insurer by Think Driver Insure Limited whose Registered Address is: Courtwood House, Silver Street Head, Sheffield, South Yorkshire, S1 2DD. Think Driver Insure Limited is an Appointed Representative of Motorway Direct Plc. Motorway Direct Plc is authorised and regulated by the Financial Conduct Authority, Financial Services Reference Number: 311741. Registered Office: Warranty House, Savile Street East, Sheffield, South Yorkshire S4 7UQ. Motorway Direct Plc is incorporated in England and Wales, with registered company No. 03222540 and group VAT registration number: 804 0501 84. For details of authorised firms visit the Financial Conduct Authority website at www.fca.org.uk/register or contact the Financial Conduct Authority consumer helpline on 0800 111 6768. This Insurance is an addition to Your legal rights under the Consumer Rights Act 2015 if Your Vehicle is found to be unfit for use or not of satisfactory quality. Terms used in this insurance What the terms mean Any word or expression in bold in this document will bear the specific meaning given to that word or expression below. 1. Breakdown(s) means the sudden and unexpected failure of a Component(s) arising from any permanent mechanical or electrical defect, for a reason other than Wear and Tear , normal deterioration or negligence causing a sudden stoppage of its function and necessitating immediate repair or replacement of the Component(s) before normal operation can be resumed. 2. Claims Excess means the first amount of any claim that You are responsible for on each and every claim under this Insurance The Claims Excess will be detailed in the Schedule 3. Claim Limit is the maximum amount that can be claimed under this Insurance during the Period of Insurance , being up to the amount shown in the Schedule for any one claim and the current Market Value of Your Vehicle at the date of Breakdown for all claims in total. These amounts are inclusive of VAT. 4. Component(s) means any mechanical, electrical or electronic Components which form part of the Vehicle manufacturer’s original specification, detailed as covered in the ‘What is covered’ section of this policy document. 5. End Date means the earlier of the following dates: a) The date on which You fail to pay Your Monthly Premium when it falls due; or b) The date on which this Insurance is cancelled by either party. 6. Geographical Limits means the area in which this Insurance is effective, this being The United Kingdom (including Northern Ireland). 7. Glass’s Guide means the online valuation platform that provides valuations for used vehicles. 8. Insurance means the cover detailed in this policy document and Your Schedule 9. Insurer means Wakam. 10. Mainland Europe means Republic of Ireland, Channel Islands, Isle of Man, all islands of the Mediterranean (excluding Northern Cyprus) and the following countries of Mainland Europe : Andorra, Austria, Belgium, Bosnia Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Finland, France, Germany, Gibraltar, Greece, Hungary, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain (excluding Ceuta and Melilla), Sweden and Switzerland. Cover does not apply to territories beyond Mainland Europe 11. Market Value means the value of Your Vehicle at the time of the claim, taking into account the mileage and condition adjustments as recommended in Glass’s Guide 12. Monthly Premium means the amount payable by You , including insurance premium tax (as applicable), for a given month’s cover. 1010 - 02/2021 - 819 - 1 2 13. MOT Certificate means the certificate issued by an authorised car repair garage as proof that Your Vehicle has passed an annual Ministry of Transport (MOT) vehicle test. 14. Period of Insurance means a period of one month from the Policy Start Date as shown on the Schedule and for each subsequent month, until the End Date , for which a Monthly Premium is received and accepted by Us 15. Policy Start Date means the date on which this Insurance starts. This date is confirmed within the Schedule 16. Purchase Date is the date on which You concluded the contract of Insurance . This date is confirmed within the Schedule 17. Schedule means the part of this Insurance that contains details of You , Your Vehicle , what cover is provided, the Period of Insurance , Claim limits and any applicable Claims Excess 18. Valid Claim means a claim that is covered under this Insurance which has been agreed by Us and an authorisation number has been issued to You or Your repairer. 19. Vehicle means the Vehicle shown in the Schedule 20. Waiting Period means the first 28 days following the Purchase Date during which time no claim under this Insurance will be accepted. 21. We / Us / Our means Think Driver Insure Limited. 22. Wear and Tear means damage to Components which have reached the end of their normal effective working lives because of gradual reduction in operating performance. 23. You / Your / Yourself means the policyholder named in the Schedule 24. YourBlock means the management platform through which all aspects of this Insurance are managed. What is covered Subject to the correct premium having been paid, this Insurance will contribute towards the cost of repairs required to Your Vehicle , due to an unexpected mechanical or electrical Breakdown occurring within the Period of Insurance , limited to the maximum Claim Limit All mechanical and electrical Components of the Vehicle are covered, where they were supplied as part of the manufacturer’s original specification. Hybrid & Electric vehicles Manufacturer supplied and fitted power generation and transmission Components are covered. If the Vehicle is not being used for a prolonged period, it must be stored in accordance with the manufacturer’s recommendations. Excluded components Bodywork, paintwork, light units, interior and exterior trim, seats, seat belt and airbag systems, glass (including mirrors), handles, hinges and fasteners, exhaust systems, Catalytic converter, diesel particulate filter (DPF), alarms, tracker units, immobilisers, central locking remote control unit, in-car entertainment systems including LCD / television screens, satellite navigation systems, parking cameras, power roof mechanism, wiring, wheels and tyres are excluded. Workshop consumables and service/maintenance items which includes, but is not limited to; spark plugs, glow plugs, filters, brake and clutch frictional material, wiper blades and arms, drive belts, pipes and hoses, bulbs, batteries and fuses. Excluded Hybrid & Electric vehicle components Batteries, wiring, electrical connectors and the disposal of chemical waste. Additional Features 1. Continental use The Geographical Limits of this Insurance have been extended to cover Mainland Europe and Republic of Ireland for personal trips to a maximum period of 60 consecutive days. Claims made (in line with the Terms & Conditions) during Continental Use will be reimbursed according to UK parts and labour costs at that time. 2. Hotel Accommodation and rail fare Should Your Vehicle suffer a Breakdown away from home and leave You immobile, this Insurance will pay up to £100 including VAT toward the cost of hotel accommodation or rail fare expenses to get You home (provided the Breakdown results in a Valid Claim under the terms of this Insurance ). 3. Recovery In the event of a Breakdown where Your Vehicle is immobile (or if continued driving could cause danger or further damage) this Insurance will pay up to £50 including VAT towards the cost of recovering it to a repairing garage. Important: The additional recovery feature does not include the benefits that would be provided under applicable Roadside Assistance cover. 4. Replacement Vehicle hire Where the repairs cannot be completed within 8 working hours, the Insurer will contribute up to £50 including VAT per day towards the cost of hiring a replacement vehicle. Replacement vehicle hire is limited to a maximum of 7 days for any one claim. The first 24 hours of any rental period for a replacement vehicle is excluded. Delays to repairs resulting from the non-availability of parts are excluded. Please note that replacement vehicle hire, hotel accommodation, rail fare and recovery expenses will constitute part of the total claim and costs will be limited to the maximum Claim Limit as stated in the Schedule . Please make sure You provide bona fide receipts so that these costs can be reimbursed. What is not covered This Insurance will not cover 1. Any Claims Excess as detailed in the Schedule 2. The cost of components listed as excluded in the section headed ‘What is covered’. 3. Any claim occurring within the 28 day Waiting Period 4. Damage caused to, or by any excluded Components , loss of use or any resultant losses including third party claims or bodily injury. 5. General maintenance or serviceable items. 6. Wear and Tear where the Vehicle is over 6 years old or has covered more than 60,000 miles at the time of the incident. 7. Faults which are covered under the guarantee of a manufacturer or supplier, or items which are subject to manufacturer’s recalls, component updates, software upgrades or repair costs that are recoverable from a third party. 8. Damage caused by impact, accident, fire, flooding, overheating, freezing, corrosion or the intrusion of harmful substances (for example for the ingress of water), carbon build-up, use of an incorrect grade of fuel or oil, or a lack of antifreeze or lubrication or servicing. 1010 - 02/2021 - 819 - 1 3 9. Improper use of the Vehicle , neglect or abuse of any kind, or drive on damage after a fault has occurred. 10. Faults that were on the Vehicle at the time of purchase or caused by inadequate servicing or as a result of faulty workmanship. 11. Any repairs not authorised by Us prior to the repair work being carried out or any costs other than those specifically agreed and authorised by Us 12. Adjustments, the cleaning of components or diagnostic charges except where this forms part of a Valid Claim under this Insurance 13. Costs in excess of the equivalent UK specification vehicle, if Your Vehicle has been imported. Payment for parts and labour on parallel, grey and non-UK specification imported vehicles will be restricted to the equivalent nearest UK specification. The Insurer accepts no liability for the lack of availability of parts or excessive delivery times. 14. Any claim where the Vehicle does not have a current, valid MOT Certificate on the date of Breakdown 15. VAT if You are VAT registered. 16. This Insurance does not entitle You to Breakdown Assistance/Rescue services. Cancellation Your Right to Cancel You may cancel this Insurance within a cooling off period of 14 calendar days from the Purchase Date . If You wish to cancel during this cooling-off period, You will be entitled to a full refund of the premium paid. After 14 calendar days You may cancel this Insurance , but no refund of premium is available, cancellation will take effect immediately. If You feel that this Insurance does not suit Your requirements and You would like to cancel, please access the YourBlock vault and select the Insurance details. Our Right to Cancel We or the Insurer may cancel this Insurance by giving You at least 45 calendar days’ notice. This notice will be given via Email and by notification on YourBlock We or the Insurer will only do this for a valid reason, such as: • non-payment of the Monthly Premium ; or • a change in risk occurring which means that the Insurer can no longer provide You with this Insurance ; or • non-cooperation or failure to supply any information or documentation We or the Insurer request; or • threatening or abusive behaviour or the use of threatening or abusive language. Cancellation will take effect at the next premium payment date following the end of this notice period. No premium or charge will fall due from You to the Insurer on the date of cancellation, but no refund will be due to You from the Insurer How to make a claim Waiting Period Please note that no claim can be made under this Insurance within the first 28 calendar days from the Purchase Date . If a potential claim occurs within the first 28 calendar days, this Insurance will not cover the cost of repairs for such a claim. Claim Contribution When the Vehicle mileage at the time of a claim is over 60,000 miles the following policyholder contributions apply to each and every claim: Vehicle Mileage Policyholder Contribution 60,001 - 70,000 10% 70,001 - 80,000 20% 80,001 - 90,000 30% 90,001 - 100,000 40% 100,001 - 120,000 50% 120,001 - 150,000 60% 150,001 and over 70% At the first indication that You feel there could be a fault with Your Vehicle , please access the YourBlock vault and select the Insurance details. 1. Select ‘Claim’. 2. Please answer the questions on screen, supplying all and as much relevant information as possible. 3. Please provide photos of any warning lights on the dashboard or areas/parts on the Vehicle You suspect may be at fault. Our claims handlers will be happy to answer any questions through the chat facility. We have a nationwide network of nominated repairers who are familiar with Our claims and billing procedures. We recommend these repairers wherever possible. If a suitable nominated repairer cannot be located We will agree with You a local alternative. You should take Your Vehicle to the agreed repairer and give them Your permission to investigate the fault and find the cause of the failure. The repairer will then contact Us to discuss their findings. They must not carry out repairs until We have given permission to do so by giving them Your claim number. Important When We authorise a claim You will be notified via Email and/ or Push Notification. Repairs must not be started until We have issued an Authorised notification to the agreed repairer. You must cooperate fully with Us , or anyone appointed by Us to handle Your claim, including providing details within a reasonable time frame. Investigation Important You must authorise any dismantling of Component(s) for inspection and You will be responsible for the cost incurred if the claim is not covered by this Insurance . The Insurer will only pay for dismantling costs as part of a Valid Claim Assessing Your Claim We or the Insurer may require an independent opinion of Your claim. We or the Insurer reserve the right to use an independent consulting engineer to inspect Your Vehicle , the failed Components and service history before We authorise a claim. Whilst We will make every effort to ensure this happens with the least delay and inconvenience to You , We and the Insurer shall not be liable for any losses You incur through any delay outside of Our control. On Completion Wherever possible, the Insurer will pay the amount authorised directly to the repairer. You must make arrangements to cover any costs not covered by this Insurance . If You are VAT registered, the Insurer will not pay the VAT element of Your claim. 1010 - 02/2021 - 819 - 1 4 You , or the repairer, must send Us the original, fully detailed and itemised invoice and any service proof that has been requested. Please make sure that You clearly mark on the invoice, to whom We should make payment on the Insurer’s behalf. Photocopies of invoices will not be accepted. The Insurer will only pay the amount authorised for the claim. For the purpose of clarity: No claim will be rejected on the grounds of Wear and Tear where the Vehicle has covered less than 60,000 miles and is under 6 years old at the date of Breakdown Labour and Parts Costs The amount of labour time that can be claimed under this Insurance will be in accordance with the time given in Your Vehicle manufacturer’s standard repair times. The maximum hourly labour rate that can be claimed under this Insurance will £48.50 per hour, unless agreed beforehand. We may ask the repairer to use guaranteed exchange units or factor parts when repairing Your Vehicle . Any costs We agree will be based on the prices for these parts. Reasonable diagnosis charges will be covered where this forms part of a Valid Claim under this Insurance Compensation and Costs This Insurance is a contract of compensation which means that if the repairs to Your Vehicle result in the condition of Your Vehicle being better than immediately prior to the Failure of Mechanical or Electrical parts, You may be asked to pay a contribution towards the costs. Not all the cost of the repair will always be covered by this Insurance. Additional repair costs and those not covered by this Insurance must be paid for by You. General conditions These are conditions that You must satisfy to have the full protection from this Insurance . If You do not satisfy these conditions We or the Insurer may need to reject a claim payment or a claim payment could be reduced. In some circumstances, We or the Insurer may treat this Insurance as void (treating this Insurance as if it never existed). 1. Misrepresentation and non-disclosure This Insurance is based on the information You have provided Us You must ensure that all information You provide is accurate and complete. If We establish that You deliberately or recklessly provided Us with false or misleading information We will cancel this Insurance and decline all claims. If We establish that You carelessly provided Us with false or misleading information it could adversely affect this Insurance and any claim. For example, We may: a) Void this Insurance (treating this Insurance as if it never existed), refuse to pay all claims and return the premium paid. We will only do this if the Insurer provided You with cover which the Insurer would not have otherwise offered; b) Amend the terms of this Insurance We may apply these amended terms as if they were already in place if a claim has been adversely impacted by Your carelessness; c) Reduce the amount the Insurer pays on a claim; or d) Cancel this Insurance in accordance with Our rights to cancel. You must check the information You have provided is correct. If anything is incorrect please reflect these changes in the YourBlock platform as soon as possible. If any of Your information changes You should immediately reflect these changes in the YourBlock platform. 2. Fraudulent Claims If You make a claim which is in any way false or fraudulent or is supported by false or fraudulent documentation or statements We or the Insurer : a) are not liable to pay the claim; b) may by notice to You treat the contract as having been terminated with effect from the time of the fraudulent act; c) demand that any sum paid by the Insurer in respect of the claim is repaid by You ; and/or d) take the appropriate legal action against You If we exercise our right under point c. above: a) We or the Insurer shall not be liable to You in respect of a relevant event occurring after the time of the fraudulent act. A relevant event is whatever gives rise to Our or the Insurer’s liability under this Insurance (such as the occurrence of a loss, the making of a claim, or the notification of a potential claim); and b) We need not return any of the Monthly Premium paid. 3. If at any time this Insurance which We arranged for You is subsequently cancelled by the Insurer , Think Driver may arrange and enter into a new contract with another insurer (‘New Policy’), acting as Your agent on Your behalf. Think Driver will give You advance notice of any changes to the terms of the New Policy. You may at any time cancel the authority contained in this clause by accessing the YourBlock vault, selecting the Insurance details and clicking ‘Cancel’. 4. Cover is conditional upon payment of the Monthly Premium 5. It is Your responsibility to ensure that Your Vehicle is maintained in a legal and roadworthy condition at all times (by following the manufacturer’s recommended service schedule). This Insurance will not cover faults attributable to or caused by lack of routine or regular maintenance. 6. You should familiarise Yourself with the warning devices and gauges on Your Vehicle and act upon them where they are indicating a problem. You must not continue to drive the Vehicle if a problem is evident as this could cause further damage to Your Vehicle . Any such drive on damage is not covered by this Insurance 7. The benefits of this Insurance may not be assigned to a third party. If You sell and/or transfer Your Vehicle to another person, motor dealer or trader during the Period of Insurance all cover will expire upon such sale/transfer. In the event that you are no longer the owner of the Vehicle , please follow the cancellation process detailed under the section headed ‘Cancellation’. 8. Varying Premiums We reserve the right to revise the Monthly Premium payable by providing a minimum of 45 calendar day’s prior notice. As You pay separately for each month of cover, if You choose not to accept the revised premium You may cancel this Insurance and the Insurer will continue to provide cover for any remaining period for which You have already paid after the expiry of Our notice period. If you would like to make a complaint about this insurance If You would like to make a complaint about this Insurance , You can do so at any time by contacting Our Customer Services Team through the YourBlock platform. Please access Your Insurance details and raise an issue. Our Customer Service Team will be happy to answer any questions through the chat facility once You have raised Your complaint. Alternatively You can contact Us by: customerservices@thinkdriver.co.uk Think Driver Insure Limited . Courtwood House, Silver Street Head, Sheffield, South Yorkshire, S1 2DD. 1010 - 02/2021 - 819 - 1 5 We will acknowledge Your complaint within 5 working days. We will advise You who is dealing with Your complaint and when We expect to respond. We aim to respond fully within 8 weeks of receipt of Your complaint. However, if We are unable to provide a final response within this period We will write to You before this time and advise why We have not been able to offer a final response and how long We expect Our investigations to take. If You remain unhappy with Our final response, or We have not managed to provide a final response within 8 weeks of Your complaint, You may be entitled to refer Your complaint to the Financial Ombudsman Service for help and advice. Financial Ombudsman Service 0800 023 4567 or 0300 123 9123 www.financial-ombudsman.org.uk complaint.info@financial-ombudsman.org.uk The Financial Ombudsman Service, Exchange Tower, London, E14 9SR. The Financial Ombudsman Service is an independent service in the United Kingdom for settling disputes between consumers and businesses providing financial services. If You are not eligible to take Your complaint to the Financial Ombudsman Service in the United Kingdom, which may be the case if Your complaint is about the Insurer , You may be eligible to take Your complaint to the French Insurance Ombudsman – La Médiation de l’Assurance at: La Médiation de l’Assurance, TSA 50110 – 75441 Paris Cedex 09 https://www.mediation-assurance.org/ le.mediateur@mediation-assurance.org European Union Online Dispute Resolution Platform If You purchased this Insurance online, You can also make a complaint through the European Union’s Online Dispute Resolution Platform. You can access this platform at www.ec.europa.eu/consumers/odr. Please note that this service may not be available to You if the United Kingdom is no longer part of the European Union. This complaints procedure doesn’t affect Your statutory rights. Financial Services Compensation Scheme (FSCS) The Insurer is covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if the Insurer cannot meet their obligations to You You can learn more about this scheme at www.fscs.org.uk, by phoning 0800 678 1100 or 0207 741 4100 or by writing to the FSCS at 10th Floor, Beaufort House, 15 St. Botolph Street, London EC3A 7QU. Data protection The Insurer and Think Driver are data controllers who determine the purpose and means of processing Your personal data in relation to this Insurance The Insurer and Think Driver need to use Your personal data in order to arrange Your insurance and associated products and to comply with their respective legal obligations. You are obliged to provide the information We request in relation to Your insurance without which We will be unable to provide Your insurance to You . Any personal data provided by You may be held by Us and the Insurer in relation to Your insurance cover. It may be used by Our relevant staff in making a decision concerning Your insurance and for the purpose of servicing Your cover and administering claims. Your personal data may be passed to loss adjusters, solicitors, reinsurers or other service providers for these purposes. We may obtain information about You from credit reference agencies, fraud prevention agencies and others to check Your credit status and identity. The agencies will record Our enquiries, which may be seen by other companies who make their own credit enquiries. We may check Your details with fraud prevention agencies. If You provide false or inaccurate information and We suspect fraud, We will record this. We and other organisations may use these records to; a) Help make decisions on insurance proposals and insurance claims, for You and members of Your household; b) Trace debtors, recover debt, prevent fraud, and manage Your insurance policies; and c) Check Your identity to prevent money laundering, unless You furnish Us with satisfactory proof of identity. We process all personal data in the UK but where We need to disclose personal data to parties outside the European Economic Area (EEA) We will protect Your personal data in accordance with Our legal obligations. In order to protect Our legal position, We will retain Your data for a minimum of 7 years. We have a data protection regime in place to oversee the effective and secure processing of Your personal data. You have legal rights in relation to Your personal data, including the right to ask Us for a copy of the personal data We hold, have it corrected, sent to a third party or, in certain circumstances, deleted (subject to Our need to hold data for legal reasons). We will not make Your personal data available to any third parties to use for their own marketing purposes. If You wish to complain about how We have handled Your data, You can contact Us and We will investigate the matter. If You are not satisfied with Our response or believe We are processing Your personal data incorrectly You can complain to: The Information Commissioner’s Office Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. 0303 123 1113 Think Driver take Your privacy seriously and employ a number of safeguards to protect Your personal data. At Think Driver, We treat Your information with the highest standards of confidentiality and security and We are committed to protecting Your privacy. We will only use the information that We collect about You lawfully, in accordance with the General Data Protection Regulation (GDPR), the Data Protection Act (2018), the Privacy and Electronic Communications Act (2003) and other regulatory requirements. For more information about how Think Driver uses Your personal data, please see Our full privacy notice, which is available online at https:// www.thinkdriver.co.uk (or in other formats on request). If You wish to exercise Your rights in relation to Your personal data or speak to Us about how We use Your personal data, please contact Us at: Think Driver Insure Limited. Courtwood House, Silver Street Head, Sheffield, South Yorkshire, S1 2DD. customerservices@thinkdriver.co.uk If You would like to know more about how the Insurer uses Your personal data, please contact the Insurer at: DPO Wakam 120-122 rue de Réaumur, 75002 Paris, France dpo@wakam.fr Law and Jurisdiction Unless the Insurers have agreed otherwise in writing, this Insurance will be governed by English law and subject to the exclusive jurisdiction of the English Courts.