MASTERCARD THAILAND WORLD CREDIT and DEBIT CARDS. EFFECTIVE DATE OF COVER 1 April 2018 to 31 March 2019

Transcription

1 MASTERCARD THAILAND WORLD CREDIT and DEBIT CARDS EFFECTIVE DATE OF COVER 1 April 2018 to 31 March 2019 PART A E- COMMERCE PURCHASE PROTECTION INSURANCE TERMS & CONDITIONS SUMMARY OF COVER Insurance Coverage Per Occurrence Limit Maximum Benefit Amount (USD) Annual Aggregate Limit E-Commerce Purchase Protection The insurance benefit limit described in Part A is in United States Dollars (USD). Payment of claims will be made in local currency if required by law using the official Foreign Exchange Rates published by the Bank of Thailand on the date claim payment is made. SECTION I - GENERAL DEFINITIONS Terms with a specific meaning are defined below and have this meaning wherever they appear with an initial Capital letter and bold font. Annual Aggregate Limit means the maximum amount per Cardholder for which the Company is liable during the Policy Period under this Policy. Business means (i) a trade, profession or occupation including those conducted on a fulltime, part-time or occasional basis, or, (ii) any other legal activity in which one is engaged for money or other compensation. Cardholder(s) means all individuals who have been issued an Eligible Card, including secondary or additional cardholders on the same account, in the Territory where such Eligible Card is issued by a participating Issuer. Collectable Item(s) means an object suitable for a collection, originally a work of fine art or an antique, including also any of a wide variety of items collected as a hobby, for display, or as an investment whose value may appreciate that may include but not limited to antiques, toys, coins, comic books and stamps. Company means New Hampshire Insurance Company. Courier means transportation company. Covered Purchases means Goods purchased on the internet Credit account means any credit arrangement, from a qualified financial institution, for personal use, such as a credit card account or a car/home loan account. 1 / 10

2 Damage means items that can no longer perform the function they were intended for due to broken parts or material or structural failures due to an accident. Eligible Card means the Mastercard World Credit and Debit cards issued within the Territory. Eligible Cardholders means those Cardholders with Eligible Cards that are valid, open and in good standing (not cancelled, suspended or delinquent) at the time of claim who shall be entitled to receive Payment or such other benefit as is provided for in this Policy. Goods means items, other than those listed in Section III Exclusions below, purchased entirely with the Eligible Card and/or have been acquired with points earned by a Rewards Program associated with the Eligible Card. Insured(s) means the Eligible Cardholder, who shown as the Insured named in the Policy Schedule and/or Certificate and/or Endorsements, who is insured and covered for the benefits described in this Policy. Issuer means a bank or financial institution or like entity that is authorized by Mastercard to operate a Mastercard credit or debit card program in the Territory and is participating in the E-Commerce Purchase Protection Insurance offering to Cardholders. Payments means a payment to be made under the terms and conditions of the Policy by the Company. Per Occurrence Limit means the maximum amount payable under this Policy for any single covered loss occurrence. Policy means this contract of insurance. Policy Period means 1 April 2018 to 31 March 2019 Policyholder means Mastercard Asia/Pacific Pte. Ltd. specified as Policyholder in the Policy Schedule who arranges the insurance for the Insured s benefits and pays the Company the premium due. Rewards Program means a program offered by the Issuer allowing the Cardholder to earn value (points, cash, etc.) and redeem rewards (merchandise, travel, etc.) on the Eligible Card. Seller means online entity legally selling goods via the internet. Territory means Thailand. SECTION II - COVERAGE Whilst the Policy is being in force under the terms, uniform provisions, conditions, coverage, exclusions and endorsement of this Policy and in consideration of the Policyholder paid to the Company the premium due,, the Company shall cover the Insured under e-commerce Purchase Protection Insurance for the Insured s global online purchase, and reimburse the Insured for the following: a. Non-delivery/and or incomplete delivery of Goods and shipping charges, that are purchased on the internet: Goods are insured against non-delivery if the Goods have not been delivered within 30 days of the scheduled delivery, unless so otherwise stated by Seller, date and the Seller has failed to refund the Insured to the Insured s credit or debit card within 60 days of non-delivery b. Improper functioning of the Goods due to Damage of delivered Goods: the delivered Goods are insured against improper functioning as a result of physical damage if the Seller or Courier has failed to refund the Insured to the Insured s credit or debit card within 60 days of delivery c. The Goods must have a value of at least USD 50 inclusive of applicable local taxes but excluding delivery/transportation costs. 2 / 10

3 In the event of a valid claim the Company shall pay the Insured the purchase price for each item(s) of the Insured s purchase, up to the amount as specified in the Benefit Schedule, depends upon the type of Eligible Card. SECTION III - EXCLUSIONS This Policy does not provide coverage for any of the following: 1) Any motor vehicle airplanes, boats, automobiles, motorcycles or motor scooters, watercraft and any equipment, parts or accessories including its operation and/or maintenance; 2) The Company shall not pay for any claim, expenses or loss under this Policy in connection with: a. lawful confiscation by Police, Government Agencies, Courts or other empowered authorities; b. any fraudulent or willful act by the Insured. 3) The Company shall not be liable to pay any claim under this Policy for non-delivery of or in connection with: a. Any item purchased for less than USD 50 b. animals or plant life; c. cash, bullion, negotiable instruments, shares, travellers checks, or tickets of any description (including but not limited to tickets for sporting and entertainment events, and travel); d. consumable or perishable items (including but not limited to food, flowers, drink, drugs, nutrition supplements); e. Goods purchased for commercial use including items purchased for re-sale or tools of trade or profession; f. access to internet websites, mobile applications, software or data files downloaded off the internet including music files, photos, reading material, books and movies; g. services provided via the Internet such as cinema tickets, air tickets, hotel bookings, car rental, financial advice; h. Goods purchased from a natural person either through a private transaction or an online auction website. i. counterfeit or fake goods j. loss or damage due to a natural catastrophe, atmospheric or climatic conditions, wear and tear, depreciation, gradual deterioration, water, pollution or contamination of any kind, manufacturing defects or inherent vice, vermin, insects, termites, mold, wet or dry rot, bacteria, rust, cleaning, servicing, maintenance, adjustment or repairs; k. losses due to mechanical failure, electrical failure; software or data failure; l. loss of data; m. Goods purchased for resale or items which are used goods, damaged goods or second-hand goods at the time of purchase; n. permanent household and/or Business fixtures, including but not limited to carpeting, flooring and/or tiling, air conditioners, refrigerators, or heaters; o. goods used for, or intended to be used for, commercial, retail and/or property rental, or other Business purposes; p. items that the Insured have rented or leased; q. items that were, at the time of purchase, used, rebuilt, refurbished, or remanufactured; r. art, antiques, firearms and Collectable items; 3 / 10

4 s. furs, watches, jewelry, gems, precious stones and articles made of or containing gold (or other precious metals and/or precious stones); t. the costs or charges which do not relate to any purchase, which the Insured paid for using the Insured s credit card or debit card; u. any loss or damage caused by radioactivity, atomic fission or atomic fusion either controlled or not, or nuclear incident. v. misplacement; w. mysterious disappearance; or x. goods deemed to be illegal by local government authorities 4) The Company shall not be deemed to provide cover and the Company shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose the Company, the Company s parent company or its ultimate controlling entity to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union or the United States of America. SECTION IV - CONDITIONS To be eligible for coverage under the e-commerce Purchase Protection Insurance the following needs to be present or to have occurred. 1. The delivery address for the Goods must be to the Insured s postal address in Thailand as registered with the card Issuer. 2. A shipment tracking number must be assigned and provided by the seller of the Goods or a designated transportation company 3. The Insured must take all necessarily reasonable actions to seek the Seller to replace the Goods or refund the purchase amount to the Insured. The Insured must have informed the Seller in writing (including by s) and by registered mail of the non-delivery of Goods and must have demanded for the replacement of the Goods or a full refund but the Seller has failed to deliver the replacement Goods or provided the refund. 4. In the event that a claim for non-delivery is paid to the Insured, and the original Goods eventually arrive, the Insured should pay back any indemnity received to the Company. 5. In the event that a claim is submitted for improper functioning due to damage of delivered Goods- the Insured shall notify the Seller of the Goods and the Company within 48 hours. 6. The Insured will cooperate and help the Company to enforce any legal rights the Insured or the Company may have in relation to the Insured s claim. 7. Valid Account: The Eligible Card must remain open, valid and in good standing for payments to be made during the Policy Period. 8. The coverage under this Policy will be terminated immediately once the Insured is no longer a Cardholder of the Issuer. SECTION V - UNIFORM PROVISIONS 1. Claim Notification In claiming for benefit under this Policy, the Insured or their representative as the case may be, at own expense, must submit all necessary evidences to the Company within the time line specified in 2.1 Notice of Claim. But the failure to file claim within the specified time line will not deprive the Insured of the right to claim if can be proven that there is practical reason for the failure to do so and the claim indemnification has been made as early as possible. 4 / 10

5 Notice of Claim Written notice of claim must be given no later than thirty (30) days from the date of the incident. To file a claim, log on to or send a claim notification to: New Hampshire Insurance Company Claim Department 21st 23rd Fl, Siam Tower 989 Rama I Road Patumwan Bangkok Thailand Call Center Tel Opening Hours Monday thru Friday 8.30 am to 5: 30 pm, except Public Holidays Languages supported Thai, English APAC.Mastercard@aig.com Proof of Loss The Insured must provide to the Company a) a signed claim form, if provided; b) a copy of purchase receipt showing payment of the Covered Purchases which was made entirely with the Eligible Card; c) The Cardholder's statement of account showing the Credit Account is valid and in good standing at the time of filing the claim. 2. Claim indemnification The Company shall pay claim within fifteen (15) days after receipt of complete and proper proof of loss or damage. For the benefit under this Policy, the Company shall be paid to the Insured. The Payments to be made by the Company shall be paid to the Insured in the Territory in Thai Baht, subject to the laws and governmental regulations then in effect in Thailand. In the event there is reasonable doubt that the claim for compensation from the Insured may not be in accordance with the insuring agreements, the time line stated above may be extended as necessary but not to exceed ninety (90) days from the date the complete documents are received by the Company. If the Company cannot pay claim within the time line as specified above, the Company is liable to pay an interest of fifteen (15) percent per annum of the amount due, calculated from the due date of the Payment. 3. Fraudulent Claims The Company shall not be held liable under any claims if such claim made under this Policy be in any respect fraudulent or if any false declaration be made or used in support thereof, or if any fraudulent means be used by the Insured or anyone acting on his behalf to obtain any benefit under this Policy. In addition, this Policy may be terminated by the Company without refund of premium. 4. Governing Law and Jurisdiction The Policy shall be subject to the jurisdiction of the Thai courts and construed according to Thai laws. 5. Compliance with Policy Provisions Failure to comply with any of the provisions contained in this Policy shall invalidate all claims hereunder. 6. Arbitration Clause If there is any difference, dispute or demand under this Policy between the claimant and the Company, in which case the claimant wishes to refer the matter to arbitration, the Company agrees to allow for a ruling by arbitration in accordance with the regulations of the Office of Insurance Commission. 7. Consent to use personal data 5 / 10

6 The Policyholder and/or the Insured is deemed to have read, understood, and consented to the collection and subsequent processing of the Policyholder and/or the Insured s personal information by the Company (whether obtained during the application process or administration of this Policy) in accordance with the Company s Privacy Notice as from time to time published on the Company s website at http// a copy of which has also been furnished to the Policyholder. If the Policyholder and/or the Insured submits information relating to other individuals, the Policyholder and/or the Insured further represents and warrants that the Policyholder and/or the Insured has the authority to provide information relating to the other individuals to the Company, that the Policyholder and/or the Insured has informed the other individuals about the purposes for which his/her personal information is collected, used and disclosed as well as the parties to whom such personal information may be disclosed by the Company, and that the other individuals agree and consent that the Company may collect, use and process his/her personal information in accordance with the Company s Privacy Notice. 8. Duty of Disclosure The Policyholder and/or the Insured has a duty to take reasonable care not to make a misrepresentation in answering the questions in the Proposal Form or when applying for this insurance, to answer all questions fully and accurately and to disclose any matter that the Policyholder and/or the Insured knows to be relevant to the Company in accepting the risks and determining the rates and terms to be applied otherwise it may result in avoidance of the Policy, refusal or reduction of claims, change of terms or termination of the Policy. This duty of disclosure shall continue until the time the Policy is entered into, varied or renewed. The Policyholder also has a duty to tell the Company immediately if at any time after the Policy has been entered into, varied or renewed with the Company, any of the information given when the Policyholder applied for the Policy is inaccurate or has changed. PART B WALLET GUARD INSURANCE TERMS & CONDITIONS FOR THAILAND CARDHOLDERS SUMMARY OF COVER Insurance Coverage Per Occurrence Limit Maximum Benefit Amount (THB) Annual Aggregate Limit Wallet Guard 3,000 3,000 SECTION I GENERAL DEFINITIONS Terms with a specific meaning are defined below and have this meaning wherever they appear with an initial capital letter. Annual Aggregate Limit means the maximum amount per Cardholder for which the Insurer is liable during the Policy Period. ATM means automatic teller machine Bank Account means an account for personal use, with a qualified financial institution, against which the account holder can deposit and withdraw Money, or, deposit and draw Checks. Burglary means the unlawful taking of Your property, or an attempt thereof, by a person or persons who illegally entered Your primary Residence using force or violence with visible signs of forced entry. 6 / 10

7 Business means (i) a trade, profession or occupation including those conducted on a full-time, part-time or occasional basis, or, (ii) any other legal activity in which one is engaged for money or other compensation. Cardholder(s)/Insured Person(s)/You means all individuals who have been issued an Eligible Card, including secondary or additional Cardholders on the same account, in Thailand where such Eligible Card is issued by a participating Issuer. Check means any bank draft, other than a draft with a stamped signature, drawn against deposited funds to pay a specific sum to a specified payee on demand. Coverage Territory: Worldwide. Covered Content means the Payment Cards and Personal Papers contained in Your wallet. Credit Account means any credit arrangement, from a qualified financial institution, for personal use, such as a credit card account or a car/home loan account. Eligible Card: a participating Issuer s MasterCard World credit or debit cards. Identity Theft means the unauthorized and/or illegal use of Your personal information such as Your name or social security number to open Credit accounts and/or Bank Accounts that You did not authorize. Issuer means a bank or financial institution or any entity that is in Thailand and is participating in the Wallet Guard offering to Cardholders. Lost means no longer in Your possession due to having been (i) inadvertently misplaced, or, (ii) in an irretrievable place. Money means currency, coins and bank notes in current use and having a face value Payment Card means any ATM card, credit or charge card issued by a qualified financial institution or retailer for personal use only Per Occurrence Limit means the maximum amount payable under the Policy for any single loss occurrence. Personal Papers means any of Your official identification documents including, but not limited to, Your driver s license, employment papers and/or passport(s) Policy holder means MasterCard Asia/Pacific Pte. Ltd., with its offices at 3 Fraser Street, Duo Tower, Singapore, Policy means this contract of insurance. Policy Period means 1 April 2018 to 31 March 2019 Relative means the Cardholder s legally married spouse, parent, step-parent, parent in-law, grandparent, child, stepchild, legally adopted child, grandchild, brother, brother in-law, sister, sister in-law, son in-law, daughter inlaw, uncle, aunt, niece, nephew or first cousin. Replacement Cost means the current price of a similar item, with similar specifications. Residence means the place in which the Cardholder principally resides the majority of the time and where the Cardholder keeps the Cardholder s personal belongings. Residence includes, but is not limited to, a single family structure, condominium unit, cooperative or apartment. 7 / 10

8 Robbery means the unlawful taking of the Cardholder s property, by a person or person(s), using violence or the threat of violence and who has/have caused or threatened physical harm to the Cardholder, the Cardholder s spouse and/or children under age 21. Theft means the unlawful taking of property from Your care and/or custody, without consent, with the intent of gain, as a result of a Robbery or a Burglary. Transportation Ticket means any ticket purchased for any type of public or private transportation. War means any declared or undeclared War or any warlike activities, including use of military force by any sovereign nation to achieve economic, geographic, nationalistic, political, racial, religious or other ends. Loss Date means the date of the loss which must be within the Policy Period We/Us/Our/Insurer means New Hampshire Insurance Company SECTION II COVERAGE This Policy will cover the following, up to the Cardholder s Per Occurrence Limit and Annual Aggregate Limits listed in the Summary of Cover. 1. Replacement Cost for Your wallet or bag if Your wallet or bag is either Lost or the object of Theft; 2. Application fees for new Personal Papers and/or Eligible Cards if they were in Your wallet when Your wallet was either Lost or the object of a Theft. SECTION III EXCLUSIONS This Policy will not cover: 1. Costs other than those listed in Section II, Coverage ; 2. In the case of Theft, if no police report is prepared within 24 hours of the incident 3. Losses caused by fire, water, normal wear and tear, manufacturing defects, abuse, vermin, insects, termites, mold, wet or dry rot, bacteria, rust, cleaning or repairs, or similar events; 4. Accidental damage to Your wallet and its Covered Content; 5. Losses that are caused by your lack of care in protecting Your wallet and it s contents 6. Money, Checks, Transportation Tickets or any item other than Your Covered Content that were in Your wallet when Your wallet was either Lost or the object of Theft; 7. Any fraudulent/unauthorized charges and/or withdrawals on the Payment Cards that were in Your wallet when Your wallet was either Lost or the object of a Theft; 8. Any costs related to Identity Theft; 9. Losses that result from, or are related to, Your Business pursuits, including any Business related travel; 10. Losses that do not occur during the Policy Period; 11. Losses caused by Your or Your Relatives illegal acts; 12. Losses due to War, invasion, act of foreign enemy, hostilities or warlike operations (whether War has been declared or not), civil War, rebellion, revolution, insurrection, civil commotion, uprising, military or usurped power, martial law, terrorism, riot or the act of any lawfully constituted authority or vandalisms of any kind; or 13. Losses due to the order of any government, public authority, or customs official. 8 / 10

9 Sanctions This Policy shall not cover any claim, payment of any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose the Insurer to any sanctions, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, Japan, United Kingdom or United States of America. SECTION IV CONDITIONS This Policy will only insure the Policyholder s liability under the following conditions: 1. Cardholder must comply with all terms and conditions by which Cardholders Eligible Card(s) is/are issued. 2. You must report the loss or theft of your payment card to the Issuer(s) and to us within 48 hours after discovering your lost or stolen payment card event. 3. Insurer will only pay for unauthorized charges for which Cardholder is responsible under the terms and conditions of the Cardholders Eligible Card(s). 4. Cardholder must submit evidence to Insurer that unauthorized charges were made from Cardholders bank account or credit account. 5. Coverage will be voided, whether before or after the loss, if Cardholder willfully concealed or misrepresented any material fact or circumstance concerning this insurance or provided fraudulent information to Insurer. 6. Cardholder must use all reasonable means to avoid future loss at and after the time of a loss. 7. If we make any payment or otherwise make good on any loss applying under this policy, we shall be subrogated to all Cardholders rights of recovery against any other person or persons and you shall complete, sign and deliver any documents necessary to secure such rights. You shall not take any action following a loss to prejudice such rights of subrogation. 8. In any action, suit or other proceedings where we allege that by reason of provision of any exclusion which may be applicable, any loss or damage is not covered by this policy, the burden or proving that such loss or damage is covered shall be on you. 9. For each of the coverages, regardless of the number of claims made individually or in aggregate, Insurer will pay up to the maximum amount per occurrence and per annual aggregate as shown on this policy 10. Coverages provided by this policy are in excess; this means that if, at the time of occurrence, you have other valid and collectible insurance - such as, but not limited to, homeowner's, contents, renter's, health, travel, accident or medical insurance this policy will only cover that amount not covered by such other insurance, up to the limits of the specific coverage as shown in the terms and conditions. SECTION V OTHER PROVISIONS 1. Notice of Claim: You must report the loss or theft of your payment card to the Issuer(s) and to us within 48 hours after discovering Your loss.. Failure to give notice within 48 hours from the date of the loss incident may result in a denial of the claim. To file a claim, log on to or send a claim notification to: New Hampshire Insurance Company Claim Department 21st 23rd Fl, Siam Tower 989 Rama I Road Patumwan Bangkok Thailand Call Center Tel.: / 10

10 Opening Hours: Monday thru Friday 8.30 am to 5:30 pm, except Public Holidays Languages supported: Thai, English 2. Duties after Loss 1. Give notice to the police if the event be theft or suspected theft or willful or malicious damage within 24 hours after discovering the burglary and submit the police report the company. 2. Fill in the claim form and provide letter of power of attorney. 3. Submit the claim form and supplementary document to the company within 30 days from the first noticed date. 4. In the claim process the insured requires submitting the supplementary including the invoice, police report to the company. 5. Copy notification, summons, any legal document related to any loss or damage covered under the policy to the company. take steps to minimize the loss or damage and recover any missing personal property 6. Prepare the list of expenses to repair any loss or damage. 7. Notify the Insurer if the insured gets cover for the same loss or damage from any other policy. 8. The Insurer will provide sample of letters used in claim process such as letter to Issuer or Credit Card Company. *Cardholders may be required to send in the damaged item(s), at their expense, for further evaluation of the claim. 3. Payment of Claims: All payments to be made by the Insurer shall be paid to Eligible Cardholders in Thailand and such payments shall be subject to the laws and regulations then in effect in Thailand. 4. Fraudulent Claims: We will not be liable if a claim is determined by the Insurer to be fraudulent and all payments made in respect of such fraudulent claims shall be forfeited at Our discretion. 5. Governing Law and Jurisdiction: This Policy is governed by and interpreted in accordance to the laws of Thailand. Any dispute will be subject to the exclusive jurisdiction of the courts of Thailand. 10 / 10