Machines Protection Plan for iPad and Mac Master policy

ACCIDENTAL DAMAGE INSURANCE POLICY

1. INSURING CLAUSE

2. DEFINITIONS

3. AMBIT OF COVER

4. ELIGIBILITY

5. PRODUCT ELIGIBILITY

6. BASIS OF SETTLEMENT

7. GENERAL CONDITIONS FOR CLAIMS

8. TERMINATION OF COVERAGE

9. COMPLIANCE WITH POLICY PROVISIONS

10. ARBITRATION CLAUSE

11. EXCLUSIONS

12. PREMIUMS AND RATES

13. LIMITS OF LIABILITY

14. POLICY TERM

15. POLICY CANCELLATION

16. SALES AND SERVICES TAX (SST)

17. SANCTIONS

18. DUTY OF DISCLOSURE

19. PERSONAL DATA

1. INSURING CLAUSE 
   In consideration of the Insured having paid the Premium to Us, We agree to provide cover for the Loss due to Accidental Damage to the Product. This Master Policy, the Policy Schedule, Certificate, Declaration, application, endorsement(s) and attached paper(s), if any, shall constitute the entire contract of insurance. 
2. DEFINITIONS 
   Accidental Damage means non-deliberate physical or liquid damage to the Product from an external and unexpected event that causes it to no longer perform its intended function. 
   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. 
   Certificate means the document issued to the Insured Person which shows details such as the Product, Period of Insurance, Effective Date, IMEI/Serial number and Agreement number. 
   Date of Loss is the date when the Loss occurs. 
   Declaration shall mean the monthly submission files submitted by the Insured to Us, which contain details such as the Insured Person’s name, IMEI/Serial number and the Effective Date of cover. 
   Deductible shall mean the amount shown in Appendix A which the Insured Person must pay for every claim made. 
   Effective Date shall mean the date from which the insurance coverage starts as shown in the Declaration and Certificate. 
   Insured refers to Machines Sdn Bhd (745167-M). 
   Insurer, We, Us or Our refers to AIG Malaysia Insurance Berhad (795492-W). 
   Insured Person shall mean all eligible customers of the Insured who have purchased a Product from the Insured for their personal use in accordance with Clause 5 below and whose names have been declared to Us by the Insured through the Declaration. 
   Loss means the loss suffered by the Insured Person as described in Clause 3 below. 
   Master Policy shall mean the Master Policy no MASB0001AD issued to the Insured as proof of insurance coverage under this policy. 
   Malicious Damage means any Accidental Damage of the Product deliberately caused by any third party which the Insured Person was unable to prevent. 
   Period of Insurance shall refer to the period stated in the Declaration/Certificate for which the Insured Person is covered under the terms and conditions of this Master Policy and during which We are liable to pay the Insured for benefits which arise therefrom. 
   Policy Schedule means the document which is attached to this Master Policy. 
   Premium means the amount stated in the Declaration which is inclusive of fees, commissions and sales and services tax. 
   Product shall refer to Tablets, Notebooks or Desktops as listed in Appendix A as well as any other products as may be included from time to time by written agreement between Us and the Insured, purchased by the Insured Person for his/her personal use only, as described in the Declaration and/or Certificate. 
   Purchase Price means the price the Insured Person paid for the Product. 
3. AMBIT OF COVER 
   In the event that the Product is Accidentally Damaged, We will indemnify the Insured for the repair or replacement of the Product subject to the terms and conditions of this Master Policy. We at Our sole discretion will pay the Insured for the cost to repair or replace the Product, up to an amount not exceeding the Purchase Price. This will be limited to one (1) incident per Product within the Period of Insurance. A Deductible will be payable by the Insured Person for every claim made. In cases where We approve a replacement of any Product covered under Master Policy, the replacement may:
   a) be a different model;
   b) not include the identical features and functions as the damaged Product; or 
   c) be another of like kind, quality and specifications. 
4. ELIGIBILITY 
   Individual customers of the Insured who have purchased a Product and names of which have been declared to Us by the Insured via the monthly Declaration. 
5. Product Eligibility 
   This Master Policy will only be made available upon purchase of a Product and only covers a Product which: (i) Is new and purchased from Machines Sdn Bhd; and (ii) Included at the time of purchase, the manufacturer’s complete and original warranty which is valid in Malaysia. 
6. BASIS OF SETTLEMENT 
   We shall be entitled at Our sole discretion to approve any repair or replacement of the Product covered that is Accidentally Damaged. 
   
7. GENERAL CONDITIONS FOR CLAIMS 
   (a) ENTIRE CONTRACT 
   This Master Policy, the Policy Schedule, Certificate, Declaration, application, endorsement(s) and attached paper(s), if any, shall constitute the entire contract of insurance. Statements made by the Insured and/or Insured Person will be relied upon by Us as true and accurate for purpose of this Master Policy. No agent has the authority to change this Master Policy or waive any of the provisions contained herein. No amendment to this Master Policy shall be valid unless approved by Us in writing and duly endorsed therein. 
   (b) EFFECTIVE DATE 
   The Effective Date of this Master Policy is from 8th May 2020 until 7th May 2022. 
   (c) CURRENCY OF PAYMENT 
   All amounts payable either to or by Us shall be made in Malaysian Ringgit. 
   (d) NOTICE OF CLAIM 
   Claims must be made in writing and submitted to Us within 30 calendar days after the Date of Loss. The Insured/Insured Person shall produce for Our examination all relevant documents at such reasonable times and shall co-operate with Us in all matters pertaining to any Loss and/or claims. Failure to comply with this condition may prejudice the Insured Person’s claim. Written notice of claim given by the Insured/Insured Person to any authorised agent of Ours, shall be deemed notice served to Us. 
   (e) PROOF OF LOSS 
   Proof of Loss must be furnished to Us within 30 calendar days after the Date of Loss. Failure to furnish such proof within the time required may not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time provided such proof is furnished as soon as possible and in no event, except in the absence of legal capacity, later than 3 months from the Date of Loss. 
   (f) LIMITATION OF CLAIMS 
   No claim benefits shall be payable for any claim filed to Us beyond a period of 3 months from the Date of Loss. 
   (g) PROOF OF CLAIM 
   The Insured/Insured Person shall forward the following documents to Us in the event that a claim is made by the Insured Person:
   (i) Invoice or receipt of purchase of the Product relating to the claim;
   (ii) Certificate of the Product;
   (iii) Any other documents as requested by Us as and when We deem fit. All documents and evidence must be provided at the Insured/Insured Person’s costs and expense in the form and nature as required and the list set out above is not exhaustive. We reserve the right to request for additional relevant document(s) as may be applicable and reasonable to support the Insured Person’s claim at the Insured Person’s expense. 
   (h) RECEIPTS 
   Subject to paragraph (j) below, We shall not be bound by any notice of any trust charge, a lien, assignment or other dealings with the Master Policy and the receipt of the Insured Person for any compensation payable herein shall in all cases be effectual discharge of liability of Ours. 
   (i) TO WHOM INDEMNITIES ARE PAYABLE 
   All indemnities of this Master Policy will be payable to the Insured. 
   (j) RIGHT OF OWNERSHIP 
   The Insured Person shall be the person whose name is stated in the Declaration. No change of the Insured Person under this Master Policy shall bind Us, unless written notice has been filed with the Insured and such change has been notified to the Insurer. 
   (k) LEGAL PROCEEDINGS 
   No action at law or in equity shall be brought to recover on this Master Policy prior to the expiration of 60 days after written proof of Loss has been filed in accordance with the requirements of this Master Policy, nor shall such action be brought at all unless brought within 1 year from the expiration of the time within which the written proof of Loss is required by the Master Policy. 
   (l) MISREPRESENTATION IN APPLICATION 
   The benefits shall not be payable and the Master Policy shall be considered voidable at Our option: 
   (a) in the event that there was a failure to disclose or misrepresentation of any fact with respect to the Insured Person which is material to the Insurer and generally required to be furnished as evidence of insurability; and 
   (b) in all cases of fraud. 
8. TERMINATION OF COVERAGE 
   This Master Policy shall be terminated automatically on the earliest of any of the following dates: 
   (a) When the Master Policy is cancelled by the Insured or Us in accordance with the provisions of Clause 15 hereunder on the dates specified therein; or
   (b) Upon the limits of liability being exhausted as stated under Section 13 in this Master Policy of which the Insured/Insured Person is only entitled to make one claim on the Product during the Period of Insurance due to Accidental Damage only. 
9. COMPLIANCE WITH POLICY PROVISIONS 
   Failure to comply with any provisions contained in this Master Policy shall invalidate all claims hereunder. 
   
10. ARBITRATION CLAUSE 
    No action shall lie against Us unless, as a condition precedent thereto: 
    (a) The Insured or Insured Person (as the case may be) shall have fully complied within all the terms and conditions of this Master Policy; 
    (b) All disputes arising out of or in connection with this Master Policy, including any question regarding its existence, validity or termination shall first be referred to the appointed representatives of the Insured or Insured Person (as the case may be) and Us to be resolved, failing which the matter shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Rules for Arbitration of the Asian International Arbitration Centre. 
    (c) Unless the dispute is not referred to arbitration within 12 months of the Date of Loss. 
11. EXCLUSIONS 
    11.1 This Master Policy shall not cover the following acts, circumstances or events: 
    (a) Losses that do not occur within the Period of Insurance;
    (b) Losses caused by illegal acts committed by the Insured Person;
    (c) Losses that are intentionally caused by the Insured Person;
    (d) Losses due to war (whether war has been declared or not), civil commotion, uprising, martial law, riot or the act of any lawfully constituted authority;
    (e) Losses due to the order of any government, public authority or customs’ officials; 
    (f) An act in contravention of a government prohibition or regulation or law;
    (g) Invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power;
    (h) An act of terrorism;
    (i) Repairs performed by any repairer which is not authorized by the Insurer;
    (j) Gross negligence of any kind; 
    (k) Any defects due to workmanship, including but not limited to liability arising out of implied warranties of merchantability, implied warranties of fitness, and strict liability;
    (l) Liability to anyone other than the Insured Person; 
    (m) Any acts of fraud, or other dishonest or criminal acts;
    (n) Property & product liability insurance;
    (o) Any defects that are subject to recall by the manufacturer;
    (p) Non-operating and cosmetic items, paint, or product finish, accessories used in or with the eligible Product, cables, cords, straps, chargers, screen protectors, earphones, add-on options incorporated in a Product for which options are not essential to the basic function of the Product; 
    (q) Software (including operating system and any stored data), defects resulting directly from software installation and/or removal, computer virus, virus prevention, and other peripherals;
    (r) Faults in any electrical connection which is not part of the Product; 
    (s) Damage resulting from abuse, misuse, Malicious Damage, theft, sand, corrosion, excessive heat, battery leakage, acts of god, commercial usage, power outages or surges, inadequate or improper voltage or current (fluctuation of electrical power, lightning, static electricity), improper environment (including lack of proper temperature or humidity); 
    (t) Unauthorized modifications made to the Product and/or problems/defects arising from such unauthorized modifications; altered serial/IMEI numbers; failure to follow manufacturers’ instructions on installation, operation or maintenance; any items not affecting the function of the Product; image burn;
    (u) Any failure, malfunction, defect, inoperability, breakdown, disruption, or stoppage of the Product or any Product, functions or the functions of any related to, directly or indirectly any design, planning or engineering compatibility;
    (v) Repair, replacement or maintenance of Products that have been subject to normal wear and tear; 
    (w) Failure to follow manufacturer’s recommended instructions for installation, operation, routine care maintenance, inspection, cleaning, external adjustments etc. including problems caused by a device that is not the Product, including equipment/accessories that are not OEM, whether or not purchased at the same time as the Product; 
    (x) Repairs necessitated by cosmetic or intentional physical damage (such as chipping, denting, scratching);
    (y) Any Loss that is covered under the manufacturer’s warranty; 
    (z) Commercial/Business use (multi-user organizations), public rental or use for profit; 
    (aa) Any other damage to the Product due to Accidental Damage outside of the Ambit of Cover set out in Section 3 of this Master Policy; and 
    (bb) All battery coverage.
    11.2 For this purpose, an act of terrorism means an act including, but not limited to the use of force or violence and or the threat thereof, by 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, ethnic, 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.
    11.3 Any Loss or damage which is/are occasioned by or through or in consequence of, directly or indirectly, of any of the above said occurrences shall be deemed to be Loss or damage which is/are not covered by this Master Policy, except to the extent that the Insured Person shall prove that such Loss or damage happened independently from the existence of such condition. 
    11.4 In any action, suit or other proceeding where We allege that by reason of the provisions of this condition, Loss or damage is not covered by this insurance, the burden of proving that such Loss or damage is covered shall rest on the Insured Person. 
    11.5 We shall not be deemed to provide cover and We 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 Us, Our parent company or Our 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. 
    
12. PREMIUMS AND RATES 
    12.1 Premium will be charged for each Product according to Our rates as determined from time to time.
    12.2 A Premium review may be carried out at any time in the event that, due to external factors, the profitability of the Master Policy for Us is significantly and adversely affected. In such event, We must give the Insured 30 days’ notice in writing of such intention to revise the Premium. External factors include but are not limited to the following, namely government imposed tax, tariff, duty, levy or other fee affecting the cost of managing the Master Policy, an increase in labour or parts rates, inability to source repair parts or spares, a shift in the overall sales mix of Products, Product quality issues and manufacturer or distributor recall which materially affect the Insured’s risk. In the event that the majority of Premiums payable for Certificates issued in respect of the Products are increased by more than 30% following such a review, the Insured is entitled to cancel this Master Policy on provision of 90 days’ notice in writing to Us. 
    12.3 A programme review will be carried out on a bi-annual basis to assess the coverage and performance of the programme and Premium changes may take place. 
13. LIMITS OF LIABILITY 
    13.1 The aggregate limit of Our liability per Product is limited to one time claim only during the Period of Insurance and shall not exceed the agreed repair value or replacement value or up to an amount which shall not exceed the Purchase Price as determined by the Insurer and Insured from time to time, less the Deductible. A Deductible will be payable by the Insured Person for every claim made. Once a claim is made and fulfilled accordingly for the said Product, the coverage for the Product under this Master Policy will automatically terminate without any action by any party and the Insured/Insured Person will have no right to claim for the said Product under this Master Policy.
    13.2 In cases where We approve a replacement of any Product covered under this Master Policy, the replacement may: 
    a) be a different model;
    b) not include the identical features and functions as the damaged Product; or
    c) be another of like kind, quality and specifications. 
14. POLICY TERM
    14.1. This Master Policy shall remain in effect during the Period of Insurance or until cancelled in accordance with clause 15 provided that in respect of Certificates issued before the expiration or cancellation of the Period of Insurance, this Master Policy shall continue to provide cover for the duration of the term of such Certificates despite the expiration of cancellation of the Master Policy 
15. POLICY CANCELLATION 
    15.1. This Master Policy is issued and commences with effect from the date issued in the Policy Schedule. This Master Policy shall remain in effect until it is cancelled or terminated by the Insured or Us as per below. Master Policy/Certificate cancellation:
    (a) By Us: We may cancel this Master Policy/Certificate:
    (i) By written notice to the Insured/Insured Person 30 days prior to the cancellation, if required by any regulatory authority;
    (ii) In the event that the Insured does not make the Premium payment as required under this Master Policy and fails to do so after 7 days written notice from Us; 
    (iii) Immediately upon any act of fraud of the Insured/Insured Person;
    (iv) In the event of a breach of any of the terms of this Master Policy by the Insured/Insured Person and, if capable of remedy, remains unremedied after 30 days written notice. 
    (b) By the Insured: The Insured may cancel the Master Policy: 
    (i) By returning the Master Policy to Us showing the date of cancellation to be effective;
    (ii) In the event of any material breach of this Master Policy by Us and if capable of remedy, remains unremedied after 30 days written notice (c) The Insured Person may cancel the Certificate by returning the Certificate to the Insured. The date of cancellation will be the date of receipt of the cancelled Certificate. 
    
    Effect of cancellation:
    (a) Notwithstanding anything contained in this Master Policy, cancellation or termination of this Master Policy shall not affect the duties of the Insured/Insured Person or Us as set forth in this Master Policy, in respect of the Certificates issued before the effective date of cancellation or termination. 
    
    This Master Policy will continue to have force and effect with respect to the Certificates issued before the cancellation or termination of this Master Policy and which remain valid as at that date. This Master Policy will have no further force or effect whatsoever on the date of the expiration of all Certificates issued during the term of this Master Policy. 
    
    (b) No refund will be payable by Us upon cancellation of this Master Policy/Certificate. 
    
    15.2 Notwithstanding clauses 15.1 (a), 15.1 (b) and 15.1 (c) above, We or the Insured may choose to terminate this Master Policy without assigning any reason by giving 90 days written notice to the other party. 

16. SALES AND SERVICES TAX (SST) 
    The amount of Premium payable by the Insured for this Master Policy includes an amount on account of the SST payable by the Insured. SST refers to any service tax, value added tax, goods and services tax, consumption tax, or tax, duty, charge or imposition of a similar nature whatsoever by whatever name known, which may from time to time be imposed or charged (including any increases or decreases to the rate) by any competent tax authority. 

17. SANCTIONS 
    We will not be liable to provide any coverage or make any payment hereunder if to do so would be in violation of any sanctions law or regulation which would expose Us, Our parent company or Our ultimate controlling entity to any penalty under any sanctions law or regulation. 

18. DUTY OF DISCLOSURE 
    The Insured/Insured Person has a duty to disclose any matter that the Insured/Insured Person knows to be relevant to Us in accepting the risks and determining the rates and terms to be applied and any matter a reasonable person in the circumstances could be expected to know to be relevant otherwise it may result in avoidance of the Master Policy, refusal or reduction of claims, change of terms or termination of the Master Policy. The Insured/Insured Person also has a duty to tell Us immediately if at any time after the Master Policy has been entered into, varied or renewed with Us any of the information given when the Insured/Insured Person applied for the Master Policy is inaccurate or has changed. 

19. PERSONAL DATA 
    The Insured and Insured Person is deemed to have read, understood and consented to the collection and subsequent processing of personal information by Us (whether obtained during the application process or administration of this Master Policy) in accordance with Our Privacy Notice as from time to time published on Our website at http://www.aig.my/privacy-notice. If the Insured and Insured Person submits information relating to other individuals, the Insured and Insured Person further warrants and represents that the Insured and Insured Person has the authority to provide information relating to the other individuals to Us, that the Insured and Insured Person 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 Us and that the other individuals agree and consent that We may collect, use, and process his/her personal information in accordance with Our Privacy Notice. 

IN WITNESS WHEREOF, We have caused this Master Policy to be executed and attested and this Master Policy shall not be valid unless countersigned by a duly authorised representative of Ours.