Terms and Conditions

Terms and Conditions

1. Definitions and Interpretation

1.1. In this Agreement the following terms and expressions shall have the following meanings:

‘Funeral scheme manager’ means a person licensed by the Commission to carry on funeral scheme management business.

“Funeral scheme contract” means a contract or an agreement by which a person or group of persons, in consideration for an advance payment, by a lump sum or instalments, enters into an arrangement with a funeral scheme manager for the provision of funeral services to that person or those persons, at the time of his or their death.

‘Agreement’ means this Agreement and all schedules and amendments to it, as agreed between the parties from time to time.

‘Beneficiary’ means the person entitled to the Funeral Cover.

‘Combined Cover’ means a single funeral plan provided by Elie & Sons Funeral Scheme Ltd where the Subscriber subscribes for a Family Cover for a maximum of 7 persons and takes additional cover for a maximum of 4 other Beneficiaries (who may be relatives or friends of the Subscriber);

‘Elie & Sons’ means Elie & Sons Ltd a company incorporated under the laws of Mauritius with business registration number C07021718 and having its registered address at 191, Royal Rd, Beau Bassin. Elie & Sons is a third-party service provider for the purposes of this Agreement.

‘Elie & Sons means Elie & Sons Funeral Scheme Ltd a company incorporated under the laws of Mauritius with business registration

Funeral Scheme’ number C11101373 and having its registered address at 283, Royal Road, Beau Bassin.

‘Family Cover’ means subject to Elie & Sons agreeing otherwise, a single funeral plan provided by Elie & Sons Funeral Scheme Ltd to spouses and descendants (or alternatively their ascendants) within a family related to one another within the first-degree, and which provides cover for up to a maximum 7 Beneficiaries.

‘Funeral Cover’ means the provision of the Subscribed Services to a Beneficiary.

‘Funeral Plan’ means the funeral plan selected overleaf by the Subscriber.

Prepaid services plan’ (PSP) means a service of a fix value paid over 5 years with a monthly payment

‘Optional Services’ means the services and products, in addition to the Standard Services, selected overleaf.

‘Subscribed means Standard Services and Optional Services (if any) selected overleaf as well as Elie & Sons Funeral Scheme

Services’ remaining available to provide the Subscribed Services.

‘Standard means the basic services associated with the Plan selected overleaf, without any Optional Services

Services’

‘Subscriber’ means the person subscribing/signing this Agreement with Elie & Sons Funeral Scheme and liable for all payments under this Agreement.

‘Waiting Period’ means the period during which the Funeral Cover must be effective without a death as described in clause 2 below.

1.2. In this Agreement the following rules of interpretation shall apply:

1.2.1. The singular (unless the context otherwise requires) shall include the plural and vice versa.

1.2.2. A reference to one gender shall include a reference to the others.

1.2.3. The headings in this Agreement shall not affect its interpretation but are used for the sake of convenience only.

1.2.4. Except as expressly provided to the contrary herein, each term and provision of this Agreement, and every portion of it, shall be considered as severable from the rest.

2. Waiting Period

2.1. All Funeral Plans are only effective upon the expiry of the waiting period described below.

2.2. A Beneficiary is only entitled to the Funeral Cover after:

2.2.1. Six (6) months of this Agreement being subscribed, in the case of natural death.

2.2.2. One (1) year of this Agreement being subscribed, if the case of a Suicide.

2.3. There is no waiting period in the case of death by road accident provided a police report is presented to Elie & Sons Funeral Scheme.

2.4. Where a death occurs before expiry of the waiting period described above, no money will be refunded but a special discretionary discount

will be provided with a normal cost, in the case where these are taken from Elie & Sons Ltd.

3. Your Payment Obligations

3.1. Monthly instalments must be paid in full and in advance by the 3^rd of each calendar month.

3.2.  Under a family or combined cover, members should continue to contribute to keep the contract active; An amended contract will be issued in the name of the next kin at times of death of a member.

3.3. If an aggregate of three (3) monthly instalments are overdue, this Agreement and the Funeral Cover will automatically lapse without the need for any notice and all monies paid will be forfeited.

3.4. Monthly instalments paid in advance will be used towards the provision of the funeral scheme service and will be non-refundable. Only 3 months paid in advance will be accepted.

3.5. It is the responsibility of the Subscriber to make sure that the standing orders, bank debits and cash payments are executed on a monthly basis.

3.6.  Instalments payable under a family cover should be settled until the passing away of the last eligible member.

3.7. Instalments must be up to date at time of death of any Beneficiary, otherwise the Service will be charged at normal rate.

3.8. The Subscriber shall be liable for payments under the terms of this Agreement irrespective of whether or not the Beneficiary is entitled to cover under another existing Scheme. It shall be the responsibility of the Subscriber to ensure that the Beneficiary is not already the subject of existing cover. In the event of a Beneficiary being entitled to 2 separate covers, at the time of the provision of the Services the wishes of the following will be followed in the order of priority set out hereafter: those of the Beneficiary in a valid will, those of the next of kind and finally those of the person who first subscribed a Cover with Elie & Sons Funeral Scheme.

3.9 This contract replaces any previous contract with Elie and Sons Funeral Scheme

3.10 . Prices will be revised based on current inflation rates and shall be applicable to all funeral plans, subject to the approval of the FSC.

4. Types of Plans

4.1. The types of Funeral Plan provided by Elie & Sons Funeral Scheme are set out overleaf and, in the Elie & Sons Funeral Scheme Brochures. By signing this Agreement, the Subscriber agree that he/she has seen these documents and is familiar with their contents.

4.2. Preferential rates are only applicable to single Combined Covers.

4.3. Elie & Sons Funeral Scheme will only recognize the Subscriber as the person responsible and liable for the Combined Cover.

4.4. The set of combined contracts under a Combined Cover must be paid together on a monthly basis and are treated as a single cover for these purposes.

4.5. All Beneficiaries under a Combined Cover must be named at the time of subscription to the Family Cover.

5. Prepaid Service Plan

5.1. The prepaid services plan is only for senior citizen as from 71 +

The Registration fee of Rs.500 and the first instalment of Rs550 must be settled upon signature of the contract. Those subscribing to the prepaid services plan will benefit of funeral services with a monthly instalment paid not more than 5 years. In case the principal member dies before the said 5 years, the relatives will have to pay for the difference to reach the fix value of MUR: 33,000 at time of death.

5.2. No waiting period is applicable to the PSP.

5.3. If an aggregate of three (3) monthly instalments are overdue, this agreement and PSP will automatically lapse without the need for any notice and all monies paid will be forfeited.

6. The Services

6.1. The Subscriber or his/her next kin must contact Elie & Sons Funeral Scheme to inform the demise of a policy member. The current telephone numbers for Elie & Sons Funeral Scheme are provided overleaf and may be amended from time to time.

6.2. Only funeral services as per the Funeral Plan will be provided at no extra cost. Models of coffins are subject to change depending on new designs.

6.3. No refund will be made if one or more Services are not used by the deceased family subscriber or next to kin.

6.4. Coffins & Services can be upgraded at the time of death, but this will be at an extra cost.

6.5. Elie & Sons Funeral Scheme must be provided adequate notice of the demise of a Beneficiary in order to be able to provide the Services. Elie & Sons Funeral Scheme will not be held responsible or liable if it not informed of the demise of the Beneficiary in due time before the funeral. It is the duty of the Subscriber to inform the Beneficiary (or his or her relatives) of the Funeral Cover with Elie & Sons Funeral Scheme.

6.6. In order to benefit from the Funeral Cover the body of the Beneficiary must be removed from the place of death by Elie & Sons Ltd or Elie & Sons Funeral Scheme Ltd to the deceased’s place. If the funeral is not be conducted by Elie & Sons Ltd or Elie & Sons Funeral Scheme Ltd, all benefits under the Funeral Cover for the named Beneficiary will be lost and all monies contributed towards his Funeral Cover forfeited. Elie & Sons Funeral Scheme Ltd will not be liable for the expenses incurred towards the funeral of the Beneficiary in such a case.

6.7. The membership card issued by Elie & Sons Funeral Scheme and/or this Agreement should be presented to the Elie & Sons Funeral Director officer at the time of the request for the Services, otherwise the Service will be claimed at normal rate. It is the responsibility of the Subscriber or the next of kin of the Beneficiary to present these documents to Elie & Sons Funeral Scheme at the time of the request for the Services.

6.8. Funeral Cover applies only to the Island of Mauritius, and not to any other geographical location. Funerals undertaken outside Mauritius Island will not give rise to a refund.

6.9. New-borns will qualify for an immediate cover where the Subscriber has subscribed for a Family Cover, provided the maximum number of beneficiaries under the cover is not thereby exceeded. New-borns will be covered upon receipt of all relevant documents and ratification by the Client Acceptance Committee. Adoption, as substantiated with formal legal proof of adoption will be authorized within the 1^st month of subscription.

6.10. Time and date of funeral will be decided in consultation with Elie & Sons Funeral Scheme depending on the availability of other related partners, weather conditions and completion of all relevant legal formalities.

6.11. Casket upon acceptance of the cemetery otherwise standard coffin will be delivered as per plan.

7. Changes to Your Funeral Cover

7.1. All payments need to be up to date at the time of any request for amendment to the Funeral Cover.

7.2. Any requests for amendment must be made in writing to Elie & Sons Funeral Scheme.

7.3. Elie & Sons Funeral Scheme reserves the right to accept or reject any request for amendment without the need for it to provide any explanation.

7.4. In the case where a request for amendment is accepted, a new contract will then start, with new conditions.

7.5. Children under the age of 21 joining a Family Cover will benefit of the same conditions as the parents’ agreements.   Children attaining 21 years old will not be covered under the family cover and will have to subscribe for a new separate contract to obtain coverage and will benefit for immediate cover if same was available under the previous plan.

7.6. Elie & Sons reserves its right to amend rules, terms and conditions of the contract and to reject or accept any application in an individual or family Funeral Cover.

7.7. For upgrades within the first six months of the Funeral Cover: The Subscriber will have to top up his previous monthly instalments so as to meet the price of the new cover applicable as at the date of the upgrade. The Waiting Period for the cover will still apply as from the date of initial subscription. Elie & Sons Funeral Scheme may require a medical certificate from a treating doctor in such cases.

7.8. For upgrades after the first six months of the Funeral Cover: Beneficiaries will be subject to a new Waiting Period as from the date of the upgrade and will benefit from the previous cover until this new Waiting Period expires.

7.9. It is expressly understood that in the event of a change of the laws relating to the provision of Funeral Cover, Elie & Sons Funeral Scheme reserves the right to amend the terms and fees and other charges relevant to the provision of the Funeral Cover in order to comply with these changes in the law and in order to make the provision of the Services economically viable.

7.10.  Subscribers contracting funeral scheme plans in Mauritius and requesting services to be performed in Rodrigues will be limited to services applicable in Rodrigues (refer to Rodrigues brochure), whereas subscribers contracting funeral scheme plans in Rodrigues and requesting services in Mauritius will be limited to services applicable in Rodrigues.

8. General Provisions8.1. Only Beneficiaries named in the Funeral Plan are entitled to Funeral Cover as per this Agreement.

8.2. The Funeral Cover provided in virtue of this Agreement is non-transferable.

8.3. The Funeral Cover only relates to named Beneficiaries and once the Service is provided for a Beneficiary, the Cover shall be deemed to have been fulfilled in full in relation to that Beneficiary and no person shall be entitled to claim in relation thereto.

8.4. Doctors’, cemetery and cremation fees are not included in this Cover.

8.5. No cover will be entertained for death caused on a mass scale by: NATURAL CALAMITIES, PANDEMIES, EPIDEMIES, ILLEGAL STRIKE AND RIOT/WAR and all monies paid will be forfeited in such an event.

8.6. The subscriber is required to produce all requested documents by law and understand that the documents provided are complete and correct. In case of false/missing information provided by a Subscriber (for example: Names, dates of birth, ID number, state of health and other material details) this Agreement will lapse without notice and all monies paid will be forfeited.

8.7. Copies of National Identity Cards, birth certificates, proof of address must be produced at the time of signature or at latest within one (1) Week of signature. The Subscriber further undertakes to provide all relevant information which Elie & Sons Funeral Scheme may require in relation to customer due diligence and source of funds for the financing of any obligations under this Agreement.

8.8. Any change in name, address, telephone number must be notified to Elie & Sons Funeral Scheme within a period of 7 days of this change.

8.9. The Subscriber’s membership card may be collected one month after signature of this Agreement from the nearest branch of his or her locality. For more information, please call Elie & Sons Funeral Scheme on Tel #:465 4900

8.10. In case of a lost Agreement or membership card, please contact Elie & Sons Funeral Scheme for a duplicate, which will be charged at Rs.100 each, or for such other fees as Elie & Sons Funeral Scheme may apply from time to time.

8.11. The subscriber agrees to receive electronic communications and messages from Elie and sons Funeral Scheme, either through e-mails, SMS and any other electronic means in respect of the funeral plan cover, which include among others, adverts, changes to funeral charges, reminders and notices.

8.12. The contents of this Agreement shall be confidential and no parties to the contract is allowed to disclose any information, whatsoever, without the consent of either party.

8.13. The funeral scheme manager is governed by the Data Protection Act and documents filed as per the requirements of the FIAMLA.

8.14. The subscriber has up to 1 month from time of service to address any complaint to the Complaints Coordinator. Contact details are: Telephone: 4654900. Hotline: 8916. E-mail: complaint@elieandcons.com

9. Acceptance and Cancellation of the funeral scheme contract.

9.1. Elie & Sons reserves its right to amend rules, terms and conditions of the contract and to reject or accept any application in an individual or family Funeral Cover.

9.2. A Funeral scheme contract is effective, and subscriber is onboarded upon signature of the contact provided that the subscriber has fulfilled all requirements and make necessary payment, subject to ratification by the Client Acceptance Committee.

9.3.  Upon cancellation of the Agreement or of any Funeral Cover provided under it, no refund will be entertained, and all monies paid will be forfeited. The original agreement will need to be produced with a written instruction.

REPRESENTATION AND WARRANTIES

Elie & Sons reserves the right to amend rules, terms and conditions of the contract and reject or accept any application in an individual or family Funeral Cover.

Beneficiary

I, hereby certify that before entering into this agreement, I have been given all necessary explanations in terms of benefits

I understand the contents of this agreement and certify that Membership cards will be handed over on the first instalment at the __________________________sub office

SERVICE PROVIDER

Elie and Sons Funeral Scheme takes the responsibility to give the BENEFICIARY all the Services mentioned in this Agreement at time of death.

Please write ‘READ AND APPROVED’

Draw up in 2 originals on this ____________day of ______________ at _______________________________

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