Provided that no insurance shall be in force unless the Master Policy Schedule attached hereto is signed by Our authorised representative.

Transcription

1 INSURANCE PROGRAM In consideration of the payment of premium by ADT s customers who are Insured, We agree to pay benefits in accordance with the terms, conditions, definitions and exclusions contained in the Master Policy. The application in respect of this Master Policy shall form the basis of this contract and be deemed to be incorporated herein and shall constitute the entire contract. In witness whereof, We have caused the Master Policy to be executed and commenced on the Commencement Date as stated in the Master Policy Schedule. Provided that no insurance shall be in force unless the Master Policy Schedule attached hereto is signed by Our authorised representative. For ACE Jerneh Insurance Berhad (9827-A) Authorised Representative DEFINITIONS 1.1 Commencement Date means am Malaysia Time on the date We agree to provide insurance under the Master Policy and which is shown on the Master Policy Schedule. 1.2 Effective Date means am Malaysia Time on the date ADT notifies the Insured that the Insured s coverage under this Master Policy will be activated. 1.3 Endorsement means a written alteration to the terms, conditions and limitation of the Master Policy. 1.4 Insured means the customer or business subscriber who has signed an ADT Service Agreement and has been accepted by ADT as an active customer upon the completion of ADT s testing, commissioning and final activation of the monitoring services provided under the ADT Service Agreement, has an active ADT Service Agreement in place and is eligible for the cover provided under the Master Policy by its submission of a proposal and payment of the premium. For the avoidance of doubt, should the ADT Service Agreement be terminated by either ADT or the customer or business subscriber, the customer or business subscriber (as the case may be) shall no longer be an Insured person under this Master Policy with immediate effect. 1.5 Master Policy means the Master Policy and the Master Policy Schedule. 1.6 Master Policy Schedule means the Master Policy Schedule which is incorporated in and forms part of the Master Policy. 1.7 Occurrence means the exact period when the incident took place. 1.8 Period of Insurance means from the Effective Date, until cover is terminated at the earlier of the following cancellation or suspension of Your ADT Service Agreement protecting your Property and/or the cancellation of the Master Policy as provided herein. Page 3

2 1.9 Personal Data means any information that relates directly or indirectly to a person who is identified or identifiable from that information, including any expression of opinion about that person or any information about that person that is subject to restrictions on public disclosure imposed by law or regulation Property means the place or premises that the Insured ordinarily resides or conducts business (as may be applicable) and for which ADT is contracted to provide security services under an ADT Service Agreement at the time of occurrence of an event giving rise to a claim under the Master Policy ADT Service Agreement means the agreement entered into between ADT and its customer(s) or business subcriber(s) for the engagement of ADT s security services as defined in the agreement which is currently in force with no arrears or suspension We, Our and Us means ACE Jerneh Insurance Berhad (9827-A) Year means twelve consecutive months from the commencement or anniversary of the Effective Date You and Your means ADT and/or the Insured, as applicable. IMPORTANT INFORMATION REGRADING THE MASTER POLICY 2.1 The Master Policy The Master Policy and Master Policy Schedule describe the insurance contract between ADT and/or the Insured, as applicable and Us. 2.2 Please read the Master Policy It is important that ADT and/or the Insured carefully read and understand the Master Policy and Master Policy Schedule because they describe the terms, conditions and exclusions that apply to the insurance under the Master Policy. 2.3 Checking the Master Policy Please check the Master Policy and the Master Policy Schedule to make sure all the information on them is correct. Please let Us know immediately if any alterations are needed. 2.4 Contacting Us In the event of any queries or need to contact Us, please write to Us at ACE Jerneh Insurance Berhad (9827-A), Wisma ACE Jerneh, 38 Jalan Sultan Ismail, Kuala Lumpur or contact Us at Monday to Friday 8:30 am to 5.15 pm. You can also log on to Keeping the Documents Safe ADT and/or the Insured should keep the Master Policy and Master Policy Schedule in a safe place in case of a need to refer to them in the future Certain types of cover under the Master Policy require the Insured to provide documentary evidence to Us. The Insured should keep those documents in a safe place in the event We need them to settle a claim. 2.6 Interpretation The Master Policy, Master Policy Schedule, endorsements, and amendments, if any, shall be read together as one contract and any word or expression to which a specific meaning has been attached shall, unless the context otherwise requires, bear that specific meaning wherever it may appear. Page 4

3 COVER UNDER THE MASTER POLICY 3.1 Who is insured? The Insured is insured subject to the terms, conditions and exclusions in the Master Policy. 3.2 What are the Eligibility Requirements? To be eligible for cover, the Insured must be a customer or business subscriber who has signed an ADT Service Agreement and has been accepted by ADT as an active customer upon the completion of ADT s testing, commissioning and final activation of the monitoring services provided under the ADT Service Agreement, has an active ADT Service Agreement in place and is eligible for the cover provided under the Master Policy by its submission of a proposal and payment of the premium. For the avoidance of doubt, should the ADT Service Agreement be terminated by either ADT or the customer or business subscriber, the customer or business subscriber (as the case may be) shall no longer be an Insured person under this Master Policy with immediate effect We only agree to provide the cover under the Master Policy in consideration of the premium that the Insured has paid or agreed to pay. BENEFITS 4.1 Inconvenience Benefit due to Burglary Should a loss or damage occur at the Property in which ADT is contracted to provide security services under an ADT Service Agreement which is currently in force with no arrears or suspension:- (a) with regard to ADT s Residential customers who are the Insured, as a result of theft or robbery at the Property, an official report being lodged by the Insured with the relevant law enforcement agency within 24 hours of the Insured s discovery of such Occurrence; (b) with regard to ADT s Commercial customers who are Insured, in the event of theft from within the Property following felonious entry of the Property by violent and/or forcible means; We will pay the Insured a lump sum payment of RM 5,000 for any one loss at the Property limited to two payments any one Year. EXCLUSIONS 5.1 We shall not be liable in respect of: loss or damage due to any such theft as aforesaid committed by or in collusion with:- (a) any of the Insured s family, (b) business staff or domestic servants of the Insured, or (c) any person or persons whilst lawfully on the Property loss, or damage occasioned by, happening through or contributed to or consequent upon by fire, explosion, earthquake or any convulsion of nature; depreciation, consequential loss, loss of market; loss or damage directly or indirectly occasioned by or through or in consequence of:- (a) human infectious or contagious disease manifested within any person whilst in the Property; (b) murder or suicide occurring at the Property; Page 5

4 (c) injury or illness sustained by any person arising from or traceable to foreign injurious matter in the food or drink provided on the Property; (d) vermin or pests at the Property; (e) defects in the drains and other sanitary arrangements at the Property; (f) food or drink poisoning; (g) war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war, mutiny, riot, strike, civil, commotion, military or popular rising insurrection, rebellion, revolution, military or usurped power martial law or state of siege or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege; (h) any act of terrorism; (i) delay, seizure, depreciation, confiscation, commandeering, nationalization, detention, requisition or compulsory sale (whether under Statute or otherwise), destruction by order of any government de jure or de facto, public or local authority. 5.2 For the purpose of this exclusion an act of terrorism means an act, including but not limited to the use of force or violence and or the threat thereof, any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and or to put the public, or any section of the public in fear. 5.3 In any action, suit, claim or other proceeding where We allege that by reason of the provision of this exclusion, any claim is not covered by this insurance, the burden of proving the contrary shall be upon the Insured. 5.4 loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any earlier sequence to the loss:- (a) (b) (c) ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly of nuclear component thereof any weapon of war employing atomic or nuclear fission and/or fussion or other like reaction or radioactive force or matter. OTHER BENEFITS 6.1 Disaster Cash Benefit In the event that the Property in which ADT is contracted to provide security services under an ADT Service Agreement which is currently in force with no arrears or suspension, becomes: (a) with regard to ADT s Residential customers who are Insured, unfit for habitation or occupancy, and/or is inaccessible as a result of direct physical damage occurring twenty four (24) hours prior; or (b) with regard to ADT s Commercial customers who are Insured, the Insured s business ceases operations as a result of direct physical damage at the Property, or following the Property becoming inaccessible twenty four (24) hours prior, We will pay to the Insured a lump sum cash payment of RM10, This benefit is limited to any one (1) loss at the Property limited to two claim payments per Year. GENERAL CONDITIONS 7.1 Interpretation The Master Policy including any endorsements or amendments, if any, shall be read together as one (1) contract and any word or expression to which a specific meaning has been attached shall, unless the context otherwise requires, bear that specific meaning wherever it may appear. 7.2 Terms and Conditions Page 6

5 7.2.1 Payment of any benefit under the Master Policy is subject to the Definition, Exclusions, and all other terms and conditions pertinent to the benefit. 7.3 Notice of Trust or Assignment We shall not be bound or affected by any notice of any trust, charge, lien, assignment or other dealing with or related to the Master Policy. 7.4 Entire Contract Changes The Master Policy, including the endorsements and amendments, if any, will constitute the entire contract between ADT and Us. No change in the Master Policy shall be valid unless approved by Us and evidence by endorsement or amendment. 7.5 Misrepresentation / Fraud Any statement made by ADT and/or the Insured which is intentional misstatement of fact and constitutes a fraud, shall result in Our right to terminate the Insured s coverage immediately. 7.6 Currency Premiums and benefits payable under the Master Policy shall be made in Ringgit Malaysia (RM). 7.7 Clerical Error A clerical error by Us shall not invalidate insurance otherwise validly in force, nor continue insurance otherwise not validly in force. 7.8 Jurisdiction All disputes relating to the Master Policy must be submitted to the exclusive jurisdiction of the courts in Malaysia. 7.9 Governing Law The Master Policy shall be governed by and interpreted in accordance with Malaysian Law Legal Action No action shall be brought to recover on the Master Policy prior to the expiration of sixty (60) days after written proof of claim has been filed in accordance with the requirements of the Master Policy Variation The terms of the Master Policy may be varied, amended, modified or suspended by an agreement in writing between Us and ADT, without the consent of the Insured Compliance with terms of the Master Policy The due observance and fulfilment of the terms, provisions and conditions of the Master Policy insofar as they relate to anything to be done or complied with by ADT or the Insured shall be conditions precedent to Our liability to make any payment under the Master Policy Alterations We reserve the right to amend the terms and provisions of the Master Policy by giving ADT and/or the Insured, as applicable, a thirty (30) days prior notice in writing by ordinary post to their last known address in Our records, and such amendment will be applicable from the next renewal of the Master Policy, such renewal to occur within three (3) years of the Commencement Date unless the Master Policy is cancelled in accordance with the terms of the Master Policy Premium Premiums payable on the Master Policy are not guaranteed and We reserve the right to amend the premium by giving ADT and/or the Insured, as applicable, thirty (30) days written notice of any change to his/her address on file Notwithstanding any other condition in the Master Policy, it is hereby agreed and declared that the total monthly premium due must be paid and actually received in full by Us within thirty (30) working days of the Effective Date In the event that the total monthly premium due is not paid and actually received in full by Us, then the Master Policy shall be deemed to be cancelled immediately in respect of the Insured and no benefits whatsoever shall be payable by Us. Any Page 7

6 payment received thereafter shall be of no effect whatsoever on the cancellation of the Master Policy, or renewal of the Master Policy in respect of the Insured Commencement and Period of Cover The Insured s cover under the Master Policy begins from the Effective Date and continues for the Period of Insurance for the Insured, unless otherwise cancelled as provided in this Master Policy. CLAIMS PROVISION 8.1 Claims Procedure On the happening of any occurrence likely to give rise to a claim under the Master Policy, written notice shall be given to ACE Jerneh Insurance Berhad, Claims Department, 8 th Floor Wisma ACE Jerneh, 38 Jalan Sultan Ismail Kuala Lumpur, as soon as possible or in any event, within thirty (30) days after the discovery of the occurrence If the Insured or the Insured s legal representative wishes to make a claim on behalf of the Insured, he/she or they must:- (a) complete a claim form (claim forms are available from Us); (b) attach to the claim form: (i) certification from appropriate authoritative body that the Property is unfit for habitation; (ii) certified true copy of police report; (iii) any credible evidence that the Property is inaccessible; and (iv) any other documentary evidence required by Us under this Policy. (c) provide Us with the completed claim form and accompanying documents within thirty (30) days of the discovery of the occurence taking place which gives rise to a claim. 8.2 Interest No amount payable under the Master Policy shall carry interest unless provided by law. 8.3 Terms and Conditions The due observance and fulfilment of the terms, provisions and conditions of the Master Policy in so far as they relate to anything to be done or complied with by ADT and/or the Insured, as applicable, shall be conditions precedent to Our liability to make any payment under the Master Policy. 8.4 Fraudulent Claims If any claim under the Master Policy shall be, in any respect, fraudulent or if any fraudulent means or devices shall be used by the Insured or anyone acting on the Insured s behalf to obtain benefit under the Master Policy, We shall be under no liability in respect of such claim. 8.5 Our Right after a Claim We shall be allowed to conduct in the Insured s name and on the Insured s behalf the defence or settlement of any legal action and take proceedings at Our own expense and for Our own benefit but in the Insured s name to recover compensation from any third party (except for ADT) in respect of anything covered by the Master Policy. 8.6 Payment of Benefits Benefits payable under the Master Policy shall be paid to the Insured If the Master Policy is cancelled this does not affect the Insured s right to make a claim under the Master Policy provided that the loss occurred before the date of cancellation. Page 8

7 CANCELLING THE MASTER POLICY 9.1 Notice of Cancellation Either ADT or We may cancel the Master Policy, by giving thirty (30) days prior written notice to the other party. 9.2 Effect of Cancellation The Insured s cover under the Master Policy will cancel automatically:- (a) upon thirty (30) days after receipt of the written notice by Us of the cancellation of the Master Policy under above; (b) immediately upon the termination of the ADT Service Agreement by either ADT or the customer or business subscriber, the customer or business subscriber (as the case may be); or (c) immediately in respect of the Insured in the event that the total monthly premium due is not paid and actually received in full by Us as provided in above. PERSONAL DATA PROTECTION 10.1 By giving Personal Data, ADT and/or the Insured, as applicable, give Us consent for its use as described below: to process Personal Data with the intention of entering into the contract of insurance and for purposes of administrating the Master Policy and to offer insurance products and services to retain the Personal Data and share the Personal Data with Our service providers, namely, (a) registered licensed adjuster; (b) solicitors and any other professional bodies for the purpose of fulfillment of the insurance contract; and (c) insurer and reinsurer In accordance with the provision of the Personal Data Protection Act 2010, the Insured may contact Us for the details of their Personal Data. Such information will only be granted after verification. The Insured may update/correct the Personal Data by providing Us notice in writing. COMPLAINT PROCEDURES 11.1 If You have any complaints in relation to Our services and/or matters relating to the Master Policy, You are advised to contact Us at:- ACE Jerneh Insurance Berhad (9827-A) Wisma ACE Jerneh 38, Jalan Sultan Ismail Kuala Lumpur. Telephone : Facsimile : inquiries.my@acegroup.com Website : In the event You are not satisfied with Our response or decision, You may submit Your complaint to either the FINANCIAL MEDIATION BUREAU or BANK NEGARA MALAYSIA through BNMTELELINK or BNMLINK. The contact details are as follows:- FINANCIAL MEDIATION BUREAU Level 14 & 25, Blok Utama Page 9

8 Dataran Kewangan Darul Takaful No. 4, Jalan Sultan Sulaiman Kuala Lumpur Telephone : Facsimile : enquiry@fmb.org.my Website : BNMTELELINK OR BNMLINK Telephone : (LINK) Facsimile : bnmtelelink@bnm.gov.my Address : BNMTELELINK Corporate Communications Departments Bank Negara Malaysia P.O. Box Kuala Lumpur Website : This Master Policy is underwritten by ACE JERNEH INSURANCE BERHAD (9827-A) 10 Page