Insurance Term & Condition
Scope of Cover
In consideration of the receipt of Premium, and in reliance of the documents submitted, statements made and the information contained in the proposal form (which are a part of and form the basis of this Policy) and subject to the terms and conditions of this Policy, the Insurer and the Named Insured agree as follows:
SECTION 1. Insuring Agreements
1. Acceptance of Terms
Any Insured Event must be first discovered by You during the Policy period and reported to us during the Policy period and up to 72 hours after the termination of the Policy period. Any third party claim must first be made against You during the Policy period and reported to us during the Policy period and up to 72 hours after the termination of the Policy period. Any Insured Events arising from the same original cause will be deemed to be one Insured Event, covered at the time of the first Insured Event of the series, including application of Deductible and limit of liability at that time. This applies to Insured Events discovered during the Policy period and reported to us during the Policy period and up to 72 hours after the termination of the Policy period. It is agreed that no cover shall be available under any of the following Insuring Clauses unless it is specified to be applicable in the Item _ of the Schedule. It is subject to the applicable limit of liability.Deductible, conditions and exclusions:
1.1 Theft of Funds
We will indemnify You for direct financial loss due to:
- a.as a result of a Theft of funds due to an unauthorized access to Your bank account, credit or debit card or mobile wallets by a third party
- b. as a consequence of You being a victim of phishing or email spoofing, provided that:
- i) You report to the issuing bank or the mobile wallet company within 72 hours after discovery of the Theft of funds,
- ii)You provide evidence that the issuing bank or the mobile wallet company is not reimbursing You for the Theft of funds
- iii) You lodge a police report detailing the Theft of funds within 72 hours upon discovery by You.
- c.We will indemnify You any reasonable and necessary costs incurred byYou for prosecution of a criminal case against the third party for committing the Theft of funds or the phishing or email spoofing against You.
1.2 Identity Theft
- a. We will indemnify You for any direct and pure financial losses including Lost wages resulting from an identity theft, provided that:
- i) You have reported to us and the local police within 72 hours after discovery of the identity theft, and
- ii)You can provide a confirmation from Your employer that the Lost wages are not be repaid.
- b. We will indemnify You for the reasonable and necessary costs incurred by You for credit monitoring services and identity monitoring.
- c. . We will indemnify You for any reasonable and necessary costs incurred by You for prosecution of a criminal case against a third party for committing identity theft against You.
- d. We will pay to or on behalf of You, all reasonable fees, costs and expenses of Psychological assistance and treatment resulting from an identity theft.
SECTION 2. General Exclusions
We will not cover any claim by You under this Policy arising directly or indirectly from the following:
- 2.1 Insured Events or circumstances that could reasonably lead to an Insured Event which are known by You prior to the inception of this Policy
- 2.2any action or omission of You or any misbehaviour of You which is intentional, malicious, dishonest, deliberate or reckless; this exclusion shall not apply to Section 1.13 – Liability for Intentional Misbehaviour of Underage Persons.
- 2.3 any action or omission in Your capacity as employee or self-employed person as well as any professional or business activity.
- 2.4 loss of or damage to tangible property and any consequential losses resulting therefrom, including the loss of use of tangible property
- 2.5 investment or trading losses including without limitation any inability to sell, transfer or otherwise dispose of securities
- 2.6 bodily injury, psychological harm (save that this exclusion shall not apply to anxiety or mental stress as set forth in Section 1.2 – Identity theft and Section 1.5 – Cyber bullying, Cyber stalking and Loss of reputation), trauma, illness or death
- 2.7 Misappropriation, theft, infringement or disclosure of any intellectual property (such as patents, trademarks, copyrights). This exclusion shall not apply to Section 1.8 – Social Media and Media Liability. However, theft, infringement, misuse or abuse of patents will always remain excluded.
- 2.8 third party claims made by one Insured against another Insured
- 2.9 contractual liability which exceeds legal liability which would otherwise arise
- 2.10 any costs of betterment of Your personal device beyond the state existing prior to the Insured Event, unless unavoidable.
- 2.11 Loss, misplacement, destruction, modification, unavailability, inaccessibility of and/or delay in trading with cryptocurrencies, consisting of coins (e.g. Bitcoin, Ethereum, Ripple, IOTA), tokens (e.g. EOS, Nem, Tether) or public and/or private keys being used in conjunction with the aforementioned
- 2.12 Gambling
SECTION 3. Claim Process
3.1 Reporting You must report as soon as is reasonably practicable to Us or to the incident response provider any actual insured event which may give rise to payment under this Policy.
Assistance and Cooperation
You shall:
- a. cooperate with us or the incident response provider including preserving any hardware, software and data,
- b. provide all documents and information and render all assistance as reasonably requested by us or the incident response provider, and
- c. assist in the conduct of suits, in making settlements, and in enforcing any right of contribution or indemnity against any person or organization that may be liable to you because of acts, errors, or omissions covered under this policy.
3.3 Claims against you You must not, without our prior written consent, admit liability for, pay, settle or prejudice any third party claim. You must assist us in investigating, defending and settling the third party claim, and assist any lawyer or other expert we appoint on your behalf to defend the third party claim. You must pay the deductible to any third party we require to comply with any settlement. If we have directly indemnified any third party, you must immediately reimburse us for the amount of the applicable deductible.
SECTION 4. Definitions
Please refer to the attached Policy wordings for definitions.
SECTION 5. General Conditions
5.1 Our Liability: We will not be liable for the deductible for each insured event or claim.
5.2 Representation and Warranty:In issuing this policy we have relied upon your statements, representations and information as being true and accurate. If your statements, representations or information contain misrepresentations which were made with the actual intent to deceive and which materially affect our acceptance of the risk or the hazard assumed, we shall not be liable for a loss or claim based upon, arising from, or in consequence of, any such misrepresentation.
5.3 Preconditions : We are only obliged to indemnify you in accordance with this policy if you:
- a. make sure your personal devices are used and maintained as recommended by the manufacturer or supplier, and
- b. prevent and mitigate loss or damages covered under this policy. This includes:
- i. Providing, maintaining and updating appropriate system, device and data security (e.g. anti-malware solutions), and
- ii. Maintaining and updating at appropriate intervals backups of your data
5.3 Preconditions : We are only obliged to indemnify you in accordance with this policy if you:
- a. make sure your personal devices are used and maintained as recommended by the manufacturer or supplier, and
- and b. prevent and mitigate loss or damages covered under this policy.
- This includes:
- i. Providing, maintaining and updating appropriate system, device and data security (e.g. anti-malware solutions), and
- ii. Maintaining and updating at appropriate intervals backups of your data
5.4 Payment under more than one section Any cover affecting more than one section of cover will be subject to the highest applicable deductible.
5.5 Subrogation :If any payment is made under this policy, we will be subrogated to the extent of such payment up to all your rights of recovery from any third party. You must do all that is necessary to secure and must not prejudice such rights. Any monies recovered will be applied first to any costs and expenses made to obtain the recovery, second to any payments made by us, and third to any other payments made by you.
5.6 Other Insurance : If there is other insurance for the same insured event this policy will apply in excess of this other policy and will not contribute with this other insurance.
5.7 Termination :If the named insured and we agree to terminate this policy, we will repay a proportion of the premium for the remaining policy period, unless you have reported a claim in which event no premium will be repaid.
5.8 Premium payment:The named insured must pay the premium to us within 30 days of the start of the policy period otherwise we may cancel this policy by giving the named insured 14 days’ written notice. If the policy is cancelled by us pursuant to this clause the named insured must pay a proportion of the premium for the period from the start of the policy period until expiry of the notice period, unless you have reported any claim before the expiry of the notice period in which case the full premium shall be due and payable.
5.9 Notices :Notices must be in writing and sent by e-mail, registered post or hand to the addresses stated in the schedule or any other agreed addresses. You may give notice by telephone but must send a written notice as soon as practical afterwards
5.10 Assignment:You must not assign any legal rights or interests in this policy without our prior written consent.
5.11 Variations : Variations to this policy must be agreed by the named insured and us in writing
5.12 Laws or regulations:If any provision of this policy conflicts with the laws or regulations of any jurisdiction in which this policy applies, this policy must be amended by the named insured and us to comply with such laws or regulations
5.13 Severability :Any unenforceable provision of this policy will not affect any other provisions and, if practicable, will be replaced with an enforceable provision with the same or similar intent as that unenforceable provision.
5.14 Third party rights:No third party who is not a party to this policy shall have any right to enforce any part of this policy.
5.15 Law and jurisdiction: This policy will be governed by the laws as stated in the schedule. The courts as stated in the schedule will have exclusive jurisdiction for any dispute
5.16 Definitions :A definition in this policy to the singular shall include the plural and vice versa
5.17 Proof of Loss :You shall furnish a proof of Loss with full particulars of the Loss to Us in support of any claim under the Policy within one month of reporting the claim.
- 1) Lost wages – The basis of calculations for Lost wages will be the daily rate of Your last drawn monthly salary. You will be required to provide the latest salary slip verified by the entity issuing such slip. For Self-employed person - The basis of calculations for Lost wages will be the Your tax returns in the prior financial year. You will be required to provide the latest tax returns.
- 2) Direct financial loss caused by an Unauthorized Fund Transfer –
- i) Proof of reporting to bank or credit organization;
- ii) Proof that the bank or credit organization is not indemnifying such loss to You;
- iii) Complaint letter acknowledged by Police.
- 3) Currency paid by You to prevent or end a Cyber extortion Threat
5.18 Observance of Terms and Conditions: The due observance and fulfillment of the terms, conditions and endorsements of this Policy in so far as they relate to anything to be done or complied with by You, shall be a condition precedent to any liability on Our part to make any payment under this Policy.
5.19 Title & Headings : The titles and headings used in this Policy, including any Endorsements, are for the purposes of reference only and shall not otherwise affect the meaning of this Policy. Singular includes the plural, and vice versa. Words in bold typeface (except headings) have special meaning and are defined In Section 4.
5.20 Changes in Your circumstances: You must notify Us as soon as possible in writing of any change in Your circumstances which may affect this insurance cover. We will advise You if there is any additional Premium payable by You.
5.21 Reasonable Care: You must take due care and reasonable precautions to safeguard Your Personal Information, details of Your Bank Accounts and/or Credit/Debit Cards and internet communications. This should include but not limited to regular Data backup, logins, not sharing PIN/TAN and personal information with third parties, only installing legal Software from trusted sources such as manufacturer app-stores and maintaining an updated and secure state of their Software and operating systems as recommended by the manufacturer. You should also take all practical steps to minimize claims.
5.22 Fraud :You must not act in a fraudulent manner. If You, or anyone acting for You:
- a) makes a claim under the Policy knowing the claim to be false or fraudulently inflated;
- b) cause any loss or damage by Your wilful act or with Your knowledge;
- c) send Us a document to support a claim knowing the document to be forged or false in any way; or
- d) make a statement to support a claim knowing the statement to be false in any way, We will not pay the claim and all cover under the Policy will be forfeited. We also reserve the right to recover from You the amount of any claim We have already paid under the Policy.
5.23 Allocation : If a Claim involves both covered and uncovered matters and persons under this Policy, then You and We shall use reasonable efforts to determine a just and equitable allocation of Loss covered under this Policy.
5.24 Arbitration : If any dispute or difference shall arise as to the quantum to be paid under this Policy (liability being otherwise admitted) such difference shall independently of all other questions be referred to the decision of a sole arbitrator to be appointed in writing by the parties thereto or if they cannot agree upon asingle arbitrator within 30 days of any party invoking arbitration, the same shall be referred to a panel of three arbitrators, comprising of two arbitrators, one to be appointed by each of the parties to the dispute/difference and the third arbitrator to be `appointed by such two arbitrators and arbitration shall be conducted under and in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 as amended from time to time. The place of arbitration shall be in India. It is clearly agreed and understood that no dispute or difference shall be referred to arbitration as herein before provided, if have disputed or not accepted liability under or in respect of this Policy. It is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this Policy that the award by such arbitrator/arbitrators of the amount of the Loss or damage shall be first obtained.
5.25 Claims :
- a) In the event of a claim, please contact Us and We will provide You with any advice You may need.
- b) The payment of claims is dependent on Your providing all necessary information. Upon learning of any circumstances likely to give rise to a claim, You must provide all relevant documents including receipts, bills and other records in support of Your claim.
- c) We have the sole control of any legal action and all related negotiations. You must make no admission or settlement and must not enter into any correspondence or exchange of communications about the claim without our prior authorization except where notification is required to be made to banks or credit organization and the police.
- d) All claims are paid in INR. If You suffer a loss which is in a foreign currency, the amount will be converted into INR at the exchange rate on the date of the loss.
5.26 Governing Law :This Policy and all disputes and differences arising thereunder shall be interpreted under, governed by and construed in all respects in accordance with the laws of India. This Policy shall be governed by the laws of India.
5.27 Sanction Clause :We shall not be deemed to provide cover under this Policy or be liable to pay any claim under the Policy to the extent that the provision of such cover or payment of such claim would expose Us to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.
5.29 Grievances : Pls refer policy wordings.