Whereas the Cover named in the Cover Activation Form hereto has made to the User written Proposal and Declaration which the User has agreed, and shall be deemed to be of a promissory nature the effect and the basis of this Contract, which is deemed to be incorporated herein, has applied to T3 THEFT COVER (hereinafter referred to as “TISS”).


Now This Contract Witnesseth:-


Subject Always that the User agreed on the terms and conditions hereon, property covered by theft at any time during the period of cover, then TISS will subject to Terms, Exceptions and Conditions contained herein, by payment indemnify the User in accordance with the Agreed Basis of Settlement


The Agreed Basis of Settlement shall be:-


a. The amount payable depends on the age (from Purchase Date) of the stolen Property as follows:-


i) Within 1st year of purchase USD1,500 or 95% of the original purchase value, whichever is lower

ii) Within 2nd year of purchase USD1,200 or 70% of the original purchase value, whichever is lower

iii) Within 3rd year of purchase USD 1,000 or 40% of the original purchase value, whichever is lower


PROVIDED further that it is a condition precedent to the liability of TISS that the User must register directly with TISS and to activate this Cover automatically with the registration of the T3 SecurityKey by completing the Cover Activation Form within 14 days from the date of installation of T3 Security Keys, and submitting the same online to TISS coupled with a return receipt confirmation issued by TISS (“the Activation Date”). Once the Cover is activated, the User must use the T3 SecurityKey to operate the Property throughout the Period of Cover. Failure to use the T3 SecurityKey shall invalidate the Cover. TISS shall indemnify the User in US Dollar of loss subject to verification that the claims procedure has been duly complied with.


DEFINITION


“Agreed Basis of Settlement” means the manner in which claims made by the User are to be settled by TISS more particularly set out in Paragraph 2 hereof;


“Claim Form” means the online form to be completed by the User for the purposes of a Claim Notification pursuant to Condition 4 iii in the form and substance set out in Appendix D hereto and made available on a hyperlink on TISS's website;


“User” shall mean the individual to whom the Property is registered as owner and in the case of a corporation the corporation which purchased the Property and is registered as the owner of the Property.


“Cover Activation Form” shall mean the online form to be filled up and submitted online by the User to TISS for activation , the Assigned Policy in the form and substance set out in which form shall be made available automatically with the registration by the User of its T3 SecurityKey by a hyperlink on the website


“Period of Cover” shall mean the period between the Commencement Date and Expiry Date (both dates inclusive).


“Commencement Date” shall mean the day the User installs the T3 SecurityKey and by completing and submitting the Cover Activation Form


“Expiry Date” shall mean one (1) calendar year from the Commencement Date;


“Property” shall mean laptop, notebook or desktop personal computer (monitor and Central Processing Unit) which was protected and secured by T3 SecurityKey


“Contract” shall mean this contract of Cover set out under the Terms and Conditions contained herein;


“T3 SecurityKey” shall mean the T3 dongle developed by TISS used to operate the Property


EXCLUSIONS


This cover exclude:-


1. Loss whilst temporary removed for cleaning, restoring, repairing, modification or renovation or for similar purposes


2. Loss due to confiscation or destruction by order of any Government or Public Authority


3. Loss to the Property when in transit as Unaccompanied Baggage whether shipped under a Bill of Lading, Parcel Receipt, Waybill or similar document.


4. Loss due to pilferage or mysterious or mere disappearance, misplacement or when left unattended in a premises that is accessible to anyone including when left behind in public transportation or public places


5. (a) Acts of fraud or dishonesty

(b) Mysterious disappearance or unexplained loss discovered during stock check or inventory shortage


6. Loss or damage due to any such theft as aforesaid committed by or in collusion with -

(i) Any of the User's family member,

(ii) Business staff or domestic servants, or

(iii) Any person or persons whilst lawfully on the premises;


7. epreciation, consequential loss or loss of market;


8. Loss or damage directly or indirectly occasioned by or through or in consequence of:-

a) war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war,

b) mutiny, riot, strike, civil, commotion, military or popular uprising insurrection, rebellion, revolution, military or usurped power

c) 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

d) any act of terrorism
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.

e) 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.

f) any loss, damage, cost or expenses of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to a) to e) above.

In any action, suit, claim or other proceeding where TISS alleges that by reason of the provision of this exclusion, any claim is not covered by this Cover, the burden of proving the contrary shall be upon the User.


9. Loss or destruction of or damage to any property or liability whatsoever or any loss or expense whatsoever resulting or arising there from or any consequential loss directly or indirectly caused by or contributed to by or arising from:-

a) Ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the purpose of this exclusion only combustion shall include any self-sustaining process of nuclear fission;

• Nuclear weapons material.


10. Loss from the willful act or negligence of the User.


CONDITIONS


1. CONDITION PRECEDENT TO LIABILITY


1.1 It is a condition precedent to the liability of TISS and the coverage provided pursuant to Terms & Conditions that the User must install the T3 SecurityKey and register the same with TISS and thereafter activate this Cover by completing the Cover Activation Form upon which installation record shall be simultaneously copied to TISS followed automatically by a reference number issued by TISS to the User (“the Activation Date”); and


1.2 Upon submission of the Cover Activation Form with a confirmed return receipt from TISS, the User must use the T3 SecurityKey to operate the Property throughout the Period of Cover. Failure to use the T3 SecurityKey shall invalidate the Cover.


1.3 The due observance and fulfillment of the terms conditions of this Contract in so far as they relate to anything to be done or complied with by the User and the truth of the statements and answers in the said proposal shall be conditions precedent to any liability of TISS to make any payment under the Contract.


2. DUTY OF USER


The User shall take all reasonable precautions for the safety and protection of the Property Covered and comply with all statutory obligation, by-laws and regulations imposed by any Public Authority for the safety, use and storage of the property Covered, as if it were not Covered, as regards selection and supervision of employees, securing all doors and windows and other means of entrance and otherwise and shall not do, suffer or permit anything whereby the risk of TISS shall be increased.


3. BREACH


3.1 In the event either TISS or the User breach of this Agreement, the non defaulting party shall be entitled to give fourteen (14) days written notice to the defaulting party to remedy the breach (if capable of being remedied) from the date of such notice (“the Cure Period”). In the event the breach is not remedied by the defaulting party within the Cure Period, the non defaulting party may proceed to terminate this Contract and pursue any and all remedies available to it against the non defaulting party in law or otherwise.


3.2 For the purpose of this clause 3 a breach is committed or suffered by the non defaulting party if the defaulting party: -

(a) commits a material breach of its obligations under this Agreement and in the case of a breach capable of remedy fails to remedy it within the Cure Period of being specifically required in writing to do so by the non defaulting party; or

(b) suffers a distress, execution, sequestration or other process is levied or enforced upon or sued against its property which is not discharged within ten (10) days; or

(c) is unable to pay its debts in the normal course of business; or

(d) ceases or threatens to cease wholly or substantially to carry on its business otherwise than for the purpose of a reconstruction or amalgamation without insolvency; or

(e) suffer an encumbrance which takes possession of or a receiver or trustee is appointed over the whole or any part of its undertaking, property or assets; or

(f) suffers an order or a resolution is passed for its winding-up otherwise than for the purpose of a reconstruction or amalgamation without insolvency.


4. CLAIMS NOTIFICATION


On the happening of any event giving rise, or likely to give rise, to a theft claim under this Contract, the User shall:-


i) give immediate notice to the Police

ii) as soon as practicable give written notice within seven (7) days from the occurrence of the theft to the TISS stating the circumstances giving rise to the claim and take all practicable steps to discover the guilty person or persons and to trace and recover the property lost. No claims shall be valid hereunder unless notice of loss is given to the TISS within seven (7) days from the occurrence of the theft by duly completing the Claim Form in the manner provided for in Clause 4 (iii) below

iii) within seven (7) days from the occurrence of the theft at the User's own cost and expense complete the Claim Form online and submit the same to TISS which shall be the Claim Form should, expressly state the age and, the intrinsic value of the Property lost by theft, excluding profit of any kind. No claims shall be valid hereunder unless notice of loss is given to TISS within seven (7) days from the occurrence of the theft

iv) furnish all such vouchers, proofs, explanations and other evidence as may be reasonably required under the provisions of Clause 5, together with a statutory declaration, if required, in verification of the claim.

v) in no case shall TISS be liable for any loss not notified to TISS by the User within seven (7) days from the occurrence of the theft.

vi) in no case shall TISS be liable in the event the User is unable to proof that it is the lawful owner of the Property;


5. CLAIM PROCEDURE


5.1. The User shall furnish the following documents to TISS which are required to substantiate the claim

a. Original Police Report

b. Original Purchase Invoice of the Property

c. Duly completed and signed copy of the Claim Form

d. The User's T3 SecurityKey

e. A copy of the other User policy (where applicable)

f. Any detailed proof and particulars as may be reasonably required by TISS


5.2. The User is required to send the above by registered mail or courier service to the following address :-

TISS MSC SDN BHD (606499-K)
Unit 3A12, Lobby 6, Block C,
Damansara Intan
No. 1, Jalan SS20/27,
47400 Petaling Jaya
Selangor Darul Ehsan
Malaysia

6. FRAUD OR DISHONESTY


If the claim be in any respect fraudulent, or if any false declaration be made or used in support thereof, or if any fraudulent means or devices are used by the User or any one acting on his behalf to obtain any benefit under this contract ; or, if the loss or damage be occasioned by the willful act, all benefit under this contact shall be forfeited.


7. OTHER COVER


If at the time of any loss happening to the property hereby Covered, there be any other subsisting coverage's, whether effected by the User or by any other person or persons, covering the same property; the liability of TISS shall be limited to the excess applicable by the other coverage's. In no event, the amount payable shall exceed the Agreed Basis of Settlement.


8. ARBITRATION & GOVERNING LAW


If any difference arises as to the amount of a loss by theft such difference shall independently of all other questions be referred to the decision of a single Arbitrator or more than one Arbitrator as the parties so desire and whose appointments and procedure shall be governed by the Malaysian Arbitration Act 2005. The parties hereby agree that this contract shall be read and construed in accordance with the laws of Malaysia


9. RENEWAL


It is agreed that:

9.1 If TISS does not receive any instruction from the User to renew Contract on or before seven (7) calendar days from the Expiry Date, the Cover will be cancelled SAVE and EXCEPT that coverage under this Policy shall continue to be in force up and to the Expiry Date.

9.2 For any renewal of cover after the expiry of this Contract, the User shall renew this Contract by registering its renewal online and filing and submitting the requisite form online to TISS and such renewal shall be subject to such new terms and conditions as TISS may impose from time to time.


10. TRANSFER OF INTEREST


No claim shall be recoverable hereunder if the benefit of the contract herein contained shall become vested in any person other than the User. This Contract and the Cover provided hereunder will automatically be terminated once there is a change of the ownership of the Property


11. NOTICE


Every notice and other communication to be given by the Cover or the Policyholder to TISS must be in writing to its business address as follows:-

TISS MSC SDN BHD (606499-K)
Unit 3A12, Lobby 6, Block C,
Damansara Intan
No. 1, Jalan SS20/27,
47400 Petaling Jaya
Selangor Darul Ehsan
Malaysia

and notice or knowledge of anything relating to this Contract or any claim hereunder shall not be deemed to be notice to or within the knowledge of TISS unless so given, and no alteration in the Terms of this Contract , nor endorsement thereon, shall be held valid unless the same is signed or initialed by an authorized representative of TISS .