I-Elite Group Cyber Liability Insurance: Policy Wording
I-Elite Group Cyber Liability Insurance: Policy Wording
I-Elite Group Cyber Liability Insurance: Policy Wording
UIN: IRDAN115CP0006V01202021
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:
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 any direct and pure financial loss sustained by
You
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, and
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, and
iii) You lodge a police report detailing the Theft of funds within 72 hours
upon discovery by You.
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.
c. We will indemnify You for all reasonable fees, costs and expenses for a
necessary relocation of school due to a significant and ongoing cyber
bullying or cyber stalking, provided that the relocation was recommended
by an expert or relevant authorities.
d. If opted for family cover, we will indemnify You for costs and expenses
for a necessary appointment of a Tutor for an underage person (i.e. an age
below 18 years) who is a listed family member due to a significant and
ongoing cyber bullying or cyber stalking, provided that the appointment
was recommended by an expert or relevant authorities.
e. We will indemnify You for all reasonable fees, costs and expenses of
Psychological assistance and treatment resulting from cyber bullying
or cyber stalking.
1.5 Cyber extortion We will reimburse You for any reasonable and necessary costs to resolve
cyber extortion as well as any Ransom You pay (where legally
permissible and subject to our prior written consent). If so requested by us,
You must notify any relevant law enforcement authorities of the cyber
extortion
1.6 Online shopping We will reimburse You for Your direct and pure financial loss due to
transactions on the internet via payment card or mobile wallet that You
have been dishonestly induced to enter by a third party by electronic
I-Elite Group Cyber Liability Insurance
UIN: IRDAN115CP0006V01202021
1.8 Social Media and Media a. We will pay any sums for which You are legally liable arising from a third
Liability party claim for any unintentional:
i) defamation,
ii) breach of copyright, title, slogan, trademark, trade name, service mark,
service name or domain name, or
iii) breach or interference of privacy rights, resulting from Your online
media activities including media activities in social media.
b. We will also reimburse Your legal costs incurred by You resulting from
the third party claim as set forth in Clause 1.8 a.
1.9 Network Security Liability a. We will pay any sums for which You are legally liable arising from a third
party claim for a cyber incident on Your personal devices that You
failed to prevent and which has caused damage, alteration, destruction or
theft of Data or a DoS attack on third parties’ computer systems.
b. We will also reimburse Your legal costs incurred by You resulting from
the third party claim as set forth in Clause 1.9.a
1.10 Privacy Breach and Data a. We will pay any sums for which You are legally liable arising from a third
Breach Liability party claim for a Data Breach relating to confidential information or
Personal data of a third party.
b. We will also reimburse Your legal costs incurred by You resulting from
the third party claim as set forth in Clause 1.10.a.
1.11 Privacy Breach and Data We will reimburse Your legal costs incurred by You for claims for
Breach by Third party damages filed by You against a third party for Data Breach relating to
Your confidential information or Personal data, provided the third party
has communicated in writing to You or has acknowledged publicly by
I-Elite Group Cyber Liability Insurance
UIN: IRDAN115CP0006V01202021
b. We will also reimburse Your legal costs incurred by You resulting from
the third party claim as set forth in Clause 1.13.a.
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
2.2 any 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).
I-Elite Group Cyber Liability Insurance
UIN: IRDAN115CP0006V01202021
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 4. Definitions:
4.1 Aggregate limit of the amount stated in the Schedule which shall be the maximum amount
liability payable by us under this Policy whether in respect of first party cover or
third party claims or payment of any expenses including any payment
made by us to the Incident response provider.
4.2 Confidential Means any form of sensitive information not publicly available, whether or
Information not marked as ‘confidential’.
4.3 Cyberbullying any acts of:
a) harassment (including foster personal interaction repeatedly despite a
clear indication of disinterest)
b) intimidation,
c) defamation of character,
d) illegitimate invasion of privacy (including monitoring the use of the
internet, email or any other form of electronic communication); or
I-Elite Group Cyber Liability Insurance
UIN: IRDAN115CP0006V01202021
4.21 Lost wages any salary that was lost or not paid by Your employer, solely as a result of
any Insured Event. Computation of Lost wages for self-employed persons
must be supported by, and will be based on, prior year tax returns.
4.22 Malicious act any unauthorised or illegal act of a third party intending to cause harm to or
to gain access to, or disclose Data from personal devices through the use
of any personal device, computer system or computer network including
the internet
4.23 Malware any unauthorised or illegal Software or code (such as viruses, spyware,
computer worms, trojan horses, rootkits, Ransomware, keyloggers, dialers
and rogue security Software) designed to cause harm to or to gain access
to or disrupt personal devices or computer networks
4.24 Mobile wallet means any online account in which You deposit or earn money which is
denominated in a specific currency that can be spent in a (online) store.
4.25 Online media any text, images, videos or sound distributed via Your website, social media
activities presence or e-mail.
4.26 Personal data any information relating to a Data subject who can be identified, directly or
indirectly, in relation to other information (such as a name, an identification
number, location Data, an online identifier or to one or more factors specific
to the physical, physiological, genetic, mental, economic, cultural or social
identity of that natural person) as defined by applicable Data protection laws.
4.27 Personal devices any devices (computers, laptops, tablets, mobile phones, etc.) used for the
purpose of creating, accessing, processing, protecting, monitoring, storing,
retrieving, displaying or transmitting Data
4.28 Phishing the attempt to obtain sensitive information such as usernames, passwords,
and credit card details (and sometimes, indirectly, money), often for
malicious reasons, by masquerading as a trustworthy entity in an electronic
communication (including vishing, pharming and smishing)
4.29 Policy the Schedule and Policy.
4.30 Policy period the duration of this Policy as stated in the Schedule.
4.31 Premium the amount payable by You as stated in the Schedule
4.32 Psychological the involvement of an accredited psychiatrist, psychologist or counsellor
assistance and chosen by You at Your own discretion with the prior written consent of us,
treatment not to be unreasonable withheld or delayed, to treat You for stress, anxiety
or such similar medical conditions.
4.33 Ransom any money, bitcoins or other digital currency demanded by a third party in
the course of a cyber extortion.
4.34 Software any digital standard, customised or individual developed program, or
application held or run by a personal device that comprises a set of
instructions that are capable, when incorporated in a machine readable
medium, of causing a machine with information processing capabilities to
indicate, perform or achieve a particular function, task or result.
4.35 Theft of funds any unauthorized electronic transfer of money, assets or any other funds.
4.36 Third party any person or legal entity other than the Insured as stated in the Schedule.
4.37 Third party claim any written demand or assertion for compensation or damages by a third
party against You.
4.38 Tutor a teacher paid to work privately with one pupil or a small group.
4.39 We, us and our the Insurer or their agent as stated in the Schedule.
I-Elite Group Cyber Liability Insurance
UIN: IRDAN115CP0006V01202021
5.1 Our liability We will not be liable for the deductible applicable to each and every
insured event or third party claim. Our liability will be in excess of any
deductible and subject to the limit of liability for each and every insured
event or third party claim as stated in the schedule.
5.2 Representation In issuing this policy we have relied upon your statements, representations
and Warranty 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
5.4 Payment under Any cover affecting more than one section of cover will be subject to the
more than one highest applicable deductible.
section
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
I-Elite Group Cyber Liability Insurance
UIN: IRDAN115CP0006V01202021
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 If any provision of this policy conflicts with the laws or regulations of any
regulations 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 This policy will be governed by the laws as stated in the schedule. The
jurisdiction 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.
The claim shall be accepted using the following proof of loss:
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
5.18 Observance of The due observance and fulfillment of the terms, conditions and
Terms and Conditions 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.
I-Elite Group Cyber Liability Insurance
UIN: IRDAN115CP0006V01202021
5.20 Changes in Your You must notify Us as soon as possible in writing of any change in Your
circumstances 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.
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 a single 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
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.
5.28 No Tacit Renewal We shall not be bound to accept any renewal Premium nor give notice that
such is due.
5.29 Grievances In case the Policyholder is aggrieved in any way, they should do the
following
ii. If the Insured are not satisfied with the resolution provided,
They may may subsequently write to the manager- service
quality, corporate manager- service quality, national manager-
operations & finally director-services and business
development at the following address:
iii. In case the complaint is not fully addressed by the Insurer, you
may use the Integrated Grievance Management System (IGMS)
for escalating the complaint to IRDA. Through IGMS you can
register your complaint online and track its status. For
registration please visit IRDA website www.irda.gov.in. If the
issue still remains unresolved, you may, subject to vested
jurisdiction, approach Insurance Ombudsman for the redressal
of the grievance.
2 BENGALURU
3 BHOPAL
Office of the Insurance Ombudsman,
Janak Vihar Complex, States of Madhya Pradesh
2nd Floor, 6, Malviya Nagar, Opp.Airtel and Chattisgarh.
Office, Near New Market,Bhopal – 462
033.
Tel.:- 0755-2769200/201/202
I-Elite Group Cyber Liability Insurance
UIN: IRDAN115CP0006V01202021
Fax:- 0755-2769203
Email:- [email protected]
4 BHUBANESHWAR
Office of the Insurance Ombudsman,
62, Forest park, Bhubneshwar – 751
009.
State of Orissa.
Tel.:- 0674-2596461 / 2596455
Fax:- 0674-2596429
Email:-
[email protected]
5 CHANDIGARH
Office of the Insurance Ombudsman,
S.C.O. No. 101, 102 & 103, 2nd Floor,
States of Punjab, Haryana,
Batra Building, Sector 17 – D,
Himachal Pradesh, Jammu
Chandigarh – 160 017.
& Kashmir and Union
Tel.:- 0172-2706196/5861 / 2706468
territory of Chandigarh.
Fax:- 0172-2708274
Email:-
[email protected]
6 CHENNAI
Office of the Insurance Ombudsman, State of Tamil Nadu and
Fatima Akhtar Court, 4th Floor, 453 (old Union Territories -
312), Anna Salai,Teynampet,CHENNAI – Pondicherry Town and
600 018. Karaikal (which are part of
Tel.:- 044-24333668 / 24335284 Union Territory of
Fax:- 044-24333664 Pondicherry).
Email:- [email protected]
7 DELHI
Office of the Insurance Ombudsman,
2/2 A, Universal Insurance Building,
Asaf Ali Road, New Delhi – 110 002. State of Delhi
Tel.:- 011-23239611/7539/7532
Fax:- 011-23230858
Email:- [email protected]
8 ERNAKULAM
Office of the Insurance Ombudsman,
2nd floor, Pulinat Building,Opp. Cochin
Shipyard, M.G. Road,Ernakulum - 682 Kerala, Lakshadweep,
015. Mahe-a part of
Tel.:- 0484-2358759/2359338 Pondicherry
Fax:- 0484-2359336
Email:-
[email protected]
10 HYDERABAD
Office of the Insurance Ombudsman,
6-2-46, 1st floor, "Moin Court" Lane States of Andhra
Opp. Saleem Function Palace, A. C. Pradesh, Telangana and
Guards, Lakdi-Ka-Pool, Hyderabad - 500 Union Territory of Yanam -
004. a part of the Union
Tel.:- 040-65504123/23312122 Territory
Fax:- 040-23376599 of Pondicherry.
Email:-
[email protected]
11 JAIPUR
12 KOLKATA
Office of the Insurance Ombudsman,
States of West Bengal,
Hindustan Building Annexe, 4th floor, 4,
Bihar, Sikkim and Union
CR Avenue,Kolkata - 700 072.
Territories of Andaman and
Tel.:- 033-22124339 / 22124340
Nicobar Islands.
Fax:- 033-22124341
Email:- [email protected]
13 District of Uttar
Pradesh: Lalitpur, Jhansi,
Mahoba, Hamirpur, Banda,
LUCKNOW Chitrakoot, Allahabad,
Office of the Insurance Ombudsman, Mirzapur, Sonbhabdra,
6th Floor, Jeevan Bhawan, Phase-II, Fatehpur, Pratapgarh,
Nawal Kishore Jaunpur, Varansi, Gazipur,
Road,Hazratganj,Lucknow-226 001. Jalaun, Kanpur, Lucknow,
Tel.:- 0522-2231330 / 2231331 Unnao, Sitapur, Lakhimpur,
Fax:- 0522-2231310. Bahraich, Barabanki,
Email:- [email protected] Raebareli, Sravasti, Gonda,
Faizabad, Amethi,
Kaushambi, Balrampur,
Basti, Ambedkarnagar,
Sulanpur, Maharajganj,
I-Elite Group Cyber Liability Insurance
UIN: IRDAN115CP0006V01202021
Santkabirnagar, Azamgarh,
Kaushinagar, Gorkhpur,
Deoria, Mau, Chandauli,
Ballia, Sidharathnagar.
14 MUMBAI
Office of the Insurance Ombudsman,
States of Goa, Mumbai
3rd Floor, Jeevan Seva Annexe,S. V.
Metropolitan Region
Road, Santacruz (W),Mumbai - 400 054.
excluding Navi Mumbai &
Tel.:- 022-26106928/360/889
Thane.
Fax:- 022-26106052
Email:- [email protected]
16 PATNA
Office of the Insurance Ombudsman,
1st Floor, Kalpana Arcade Building,Bazar States of Bihar and
Samiti Road,Bahadurpur,Patna - 800 Jharkhand.
006.
Email:- [email protected]
17 PUNE
Office of the Insurance Ombudsman,
States of Maharashtra,
Jeevan Darshan Building, 3rd Floor,
Area of Navi Mumbai and
CTS Nos. 195 to 198,NC Kelkar Road,
Thane excluding Mumbai
Narayan Peth, Pune - 411 030
Metropolitan Region.
Tel: 020 -32341320
Email:- [email protected]
I-Elite Group Cyber Liability Insurance
UIN: IRDAN115CP0006V01202021