Terms and Conditions ("Terms")
Last updated: 01/04/2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.mydigitalprotection.com website (the "Service") operated by Uppercliff Protection Pvt. Ltd. (“Uppercliff”, "us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these terms. If you disagree with any part of the terms then you may not access the Service.
Where the capitalised words below appear in these Terms & Conditions or Third Party Terms & Conditions they have the following meanings:
Services: means the services which will be provided to you by Uppercliff Protection Pvt. Ltd. and its subcontractor(s) as part of your MyDigitalProtection™ Membership.
Agreement: means the agreement between you and Uppercliff Protection Pvt. Ltd. which is formed on the acceptance of your Application by UpperCliff and which is subject to and incorporates these Terms & Conditions.
Application: means your application for MyDigitalProtection™ Membership, which will be considered by UpperCliff prior to the commencement of the Term.
Membership: means membership which is granted to you by UpperCliff and which makes the provision of the Services available to you in consideration for payment of the Fees.
Fees: means the amount payable for your use of MyDigitalProtection™ as notified during the Application and renewal process.
Secure Browser: means a software package designed to allow you to browse the internet safely from your PC, laptop, tablet and Android or Apple mobile phone (except Mac), which is provided by SentryBay (See Third Party Section)
Personal Data Monitor Service: means the data monitoring service described in Section B below
Personal Information: means any information, data, documents and files belonging to you which you register or input into the Website.
SentryBay: means SentryBay Limited, a company registered in England and Wales with registration number 06370537 and whose registered office is at 3 Manchester Square, London, W1U 3PB. This company carries out the required data scans over public and dark web to provide risk levels back to Uppercliff. This company is a subcontractor to Uppercliff also provides the licences for Secure Browser.
Equifax: means Equifax Credit Information Services Private Limited, a company incorporated under the provisions of the Companies Act, 1956 having its registered office at Unit No. 931, 3rd Floor, Building No.9, Solitaire Corporate Park, Andheri Ghatkopar Link Road, Andheri East, Mumbai – 400093 , India. This company is a subcontractor to Uppercliff and provides Credit Report/scores and assists the overall solution in identifying Identity Theft risks.
Tata AIG: means Tata AIG General Insurance Company Ltd. having its registered office
at 15th Floor, Tower A, Peninsula Business Park, Ganpatrao Kadam Marg, Off Senapati Bapat Marg, Lower Parel, Mumbai – 400013. This company is a subcontractor to Uppercliff and provides Identity Theft Insurance services to registered and eligible members.
Razorpay: means Razorpay Software Private Limited, a company incorporated under the provisions of the Companies Act, 1956, having its registered office at 1st Floor, SJR Cyber, 22, Laskar Hosur Road, Adugodi, Bangalore -560030. This company provides payment gateway solution.
Subcontractor: means a supplier of services to us and which forms part of the Services.
Term: means the period of time commencing on the day we send you your Welcome E-mail until the date that your Membership is terminated or cancelled in accordance with clause 2 (Cancellation and termination) below.
Subcontractor: means SentryBay, Equifax, Tata AIG and Razorpay.
Subcontractor Services: means: (i) Secure Browser; (ii) Mobile Secure Browser; (iii) Credit Monitoring (iv) Identity Theft Insurance and any other service made available to you through your Membership except for the UpperCliff Services.
Subcontractor Terms & Conditions: means the terms & conditions which are stipulated by the Subcontractor (set out in Section 12, below) which must be accepted by you prior to use of the applicable subcontractor services namely: (i) Secure Browser provided by SentryBay; (ii) Mobile Secure Browser provided by SentryBay (iii) Credit Monitoring by Equifax and (iv) Identity Theft Insurance by Tata AIG.
User Licence Agreements: means the user licence agreements that apply to the subcontractor Services and which form part of the applicable subcontractor Terms & Conditions.
Website: means www.mydigitalprotection.com
Welcome E-mail: means the e-mail sent to you upon accepting your Application. you, your: means the person to whom the Welcome E-mail is addressed.
2.1 Cancellation and termination
2.2 Cancellation by you
You have the right to cancel your MyDigitalProtection™ Membership within 7 days starting from the date of your Welcome E-mail. If you cancel within this period you will be entitled to a refund of the Fees you have paid to UpperCliff, if any.
For cancellations after the 7 day period, no refunds will be provided and the membership will terminate automatically after the entire tenure of one year. No further fees would be collected from the customer on renewal date.
2.2 Termination by you
On expiry of the 7-day period referred to in clause 2.1 (Cancellation by you) above, you can terminate your Membership at any time by notifying UpperCliff by sending us the cancellation form to (under My Profile) to email@example.com.
You will not be required to pay any further Fees from the date we receive notice from you.
2.3 Termination by UpperCliff
2.3.1 Termination with notice
We can terminate your Membership by giving you at least 15 days’ notice by e-mail and/or in writing where there is a valid reason for doing so. We will send an e-mail to the latest e-mail address, we have for you setting out the reason for cancellation. Valid reasons may include, but are not limited to:
a) Where we have not been able to collect the Fees. In this case, we will make reasonable efforts to contact you requesting payment by a specific date. If we are unable to contact you or do not receive payment by this date your Membership will be terminated;
b) Where the Services are no longer available, for example, if the Services are being discontinued. If we terminate for this reason, We shall give you with at least 30 days’ prior notice and (if applicable) provide you with a pro-rata refund of any Fees that you have already paid for the period after the date of termination;
c) You have breached the terms of your Agreement or any of the Third Party Terms & Conditions. If such breach is capable of remedy, we shall notify you of the details of the breach. If you do not cure such breach within 30 days of the date of our notification, we may terminate your Membership and no refunds will be provided.
2.3.2 Termination without notice
We may immediately terminate your Membership without notice if you contravene any of the Membership Restrictions. Where we are required to contact you, we shall use the latest e-mail address that we have for you. Where we have not been able to contact you via e-mail, for example, if the e-mail bounces and we have been unable to obtain an updated e-mail address for you, we will not send out a cancellation e-mail and we will cancel your membership (prior to your next payment due date) after We have received the returned e-mail.
Cancellation or termination of your Membership shall terminate your Agreement (which is with UpperCliff) and the agreement you have with our subcontractors.
2.4 Consequences of cancellation or termination
If your membership is cancelled or terminated, your use and access to all the Services will stop immediately or at the end of the tenure with reference to clauses 2.1 and 2.2. You must immediately remove any of the software you have installed and/or downloaded as part of your Membership.
3.0 Subscription fees
The Products & Pricing page on www.mydigitalprotection.com sets out the Fees that you have agreed to pay in order to use the Services. If you enrol using a promo code assigned to you, you shall pay fees as per the promo code. Payment of the Fees will be made in accordance with the payment method provided by you. We may change the fees at any time though we will would only change them for you at the time of annual renewal.
The Fees which you pay to UpperCliff will entitle you to use both the UpperCliff Services and the eligible subcontractor Services, and accordingly no additional sum is payable by you to the subcontractor to use their Services.
These subscription fees are for a specific term as selected by you and will auto-renew at the end of the term if not cancelled before the renewal date.
4.1 Limitation of Liability
4.2 This clause (and any other provision excluding or restricting Our liability) applies to UpperCliff’s partners, employees, subcontractors, agents and affiliated companies as well as to UpperCliff. Nothing in this Agreement in any way shall be deemed to limit or exclude UpperCliff’s liability for: (i) negligence causing death or personal injury; (ii) fraud or fraudulent misrepresentation; or for any liability which may not legally be excluded or limited under applicable law.
4.2 You acknowledge that the transfer of documents, files and information across an open network such as the internet carries security, corruption and other risks. We are not liable for any loss or damage you incur as a result of any documents, files or information being corrupted, degraded or intercepted in transit prior to reaching Our network or for any failure or inability to access or use the Services at any time.
4.3 WITHOUT PREJUDICE TO CLAUSE 4.1 , YOU ACKNOWLEDGE AND AGREE THAT
UPPERCLIFF’S LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT EQUAL TO FEES PAID OR PAYABLE BY YOU IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE LOSS OR DAMAGE FIRST AROSE (OR, IN THE EVENT THAT THE LOSS OR DAMAGE ARISES WITHIN TWELVE MONTHS OF THE COMMENCEMENT OF YOUR AGREEMENT, THE FEES THAT YOU ARE EXPECTED TO PAY IN THE FIRST TWELVE MONTHS OF YOUR AGREEMENT).
4.4 SUBJECT TO CLAUSE 4.1, IN NO EVENT SHALL UPPERCLIFF BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF LOSS OR DAMAGE WHETHER OR NOT UPPERCLIFF WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE ARISING: (A) ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMIT, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS OR ANY WASTED EXPENDITURE); (B) LOSS OF GOODWILL OR REPUTATION; (C) LOSSES THAT YOU INCUR THAT WERE NOT REASONABLY FORESEEABLE TO YOU AND UPPERCLIFF WHEN YOUR AGREEMENT WAS ENTERED INTO; (D) ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIRD PARTY SERVICES OR (E) LOSS OR DAMAGE ARISING FROM ANY ACT OR OMMISSION OF THE THIRD PARTY PROVIDER.
5.0 Force Majeure
UpperCliff shall not be liable for any failure to perform or any delay in the performance of our obligations under this Agreement as a result of any act beyond our reasonable control, including but not limited to failure of public or private telecommunication systems, war, terrorism, invasion, an act of foreign enemy, hostilities (whether war be declared or not), riot, strike, civil commotion, civil war, revolution, insurrection or military or usurped power.
6.0 Assignment or transfer of this Agreement
We may transfer or subcontract some or all of our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement. You may only transfer your rights or obligations under this Agreement to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.
9.0 Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Uppercliff.
Uppercliff has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Uppercliff shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
10.0 Membership Restrictions
(1) Except as expressly permitted you agree not to or allow others to:
i. Attempt to copy, adapt, modify or reverse engineer any software provided as part of your Membership or any part of the Services (except to the extent that any such action is permitted by law).
ii. Use any element of your Membership for;
intellectual property infringement (including but not limited to copyright or trade mark, infringement or infringement relating to domain names), terrorism, religious fanaticism, racism, abuse, menace, defamatory purposes, bullying, child pornography, or any other legally or morally unacceptable purpose.
the interference or attempted interference with the services to any other customers of Ours, hosts or networks. This includes but is not limited to flooding networks with emails, deliberately attempting to overload a service or attempting to “crash” a host.
sending emails that contain misleading or incorrect header content, or information so that the origin of the email is deceptive or damaging to Us, Our Subcontractors or other internet users’ reputation.
violating or attempting to violate Our network security or other systems’ networks, authentication measures, servers or equipment including attempting to circumvent user authentication or security of any host, network or account.
sending any message or virus which causes or is likely to cause harm, in any degree, to Us, Our Subcontractors or Our other customers, or any other party’s communication systems.
intercepting or monitoring data not intended for you.
(2) you must, in connection with the use of the UPPERCLIFF Services, comply immediately with:
- all applicable legal and regulatory requirements (in effect from time to time) that We notify you of; and
- the reasonable instructions that We give you relating to the use of the UPPERCLIFF Services.
(3) you may not use the UPPERCLIFF Services to send unsolicited bulk email, which is email sent in large amounts without any explicit requests for it being sent.
(4) you confirm your consent to allow access to your systems and agree to disclose any information necessary if We report to the police or other applicable law enforcement or regulatory body (including without limitation in response to a Court Order) any suspected illegal activity of which we become aware. We also reserve the right and you confirm your consent to allow us to grant to the police or any other applicable law enforcement or regulatory body physical access to Our premises to carry out the same.
11.0 Uppercliff Services
This Section sets out the Services that will be made available to you by Uppercliff as part of your Membership. It also sets out Membership Restrictions. The Services provided to you are limited to the description below.
a) Access to the Website
Membership provides access to the secure password/OTP protected website which provides you with the following:
- An online dashboard setting out the Uppercliff Services and Subcontractor Services you are using and their current status
- Account administration and customer services
- Access to the Personal Data Monitor Service
- Access to Secure Browser
- Access to Credit Score and Report
- Access to the Identity Theft Insurance
- Access to instant and scheduled alerts highlighting your risks.
- Access to help and advice agents as required.
12.1 Subcontractor Services
12.2 Personal Data Monitor Service
You will be able to register/edit the Personal Information that you wish to be monitored by the Personal Data Monitor Service by logging into the Website. This service is provided by Sentrybay, a global leader in security solutions provider. You will be able to register up to a maximum of 5 credit cards and 3 bank accounts to be monitored on the internet as well as some personal details about you, including but not limited to name, address and contact details. The Personal Information you register must belong to you. No information relating to any other living individual may be registered for the Personal Data Monitor Service.
You will be able to access, add and delete the Personal Information that is being monitored by logging into the Website. Personal data monitoring will start within 1 working day of the Personal Information you wish to be monitored first being registered via the Website. If any of the financial Information you register is detected on a website, this will be displayed on the Website, you will also be notified with an alert by e-mail within 2 working days of detection if you have selected to receive these e-mails on enrolment or via your account profile on the Website. Monitoring of your Personal Information will cease when your Membership is cancelled or terminated. You are responsible for removing your Personal Information from the Personal Data Monitor Service immediately upon cancellation or termination of your Membership. We may permanently delete your Personal Information and/or any Information from this Service upon cancellation or termination of your Membership.
12.3 PC/Laptop Secure Browser
These PC/Laptop Secure Browser Terms & Conditions constitute a legal agreement between you and SentryBay a company registered in England and Wales with registration number 06370537 and whose registered office is at 3 Manchester Square, London, W1U 3PB regarding your use of the Secure Browser.
PC/Laptop Secure Browser is provided by SentryBay. PC/Laptop Secure Browser software helps protect your PC or laptop (excluding Mac) from key-logging attacks and phishing scams. Once you have registered on the Website, you will be able to download the Secure Browser software for your PC/Laptop. By downloading the PC/Laptop Secure Browser software you agree to comply with the User Licence Agreement set out below. You are able to install the Secure Browser software on a maximum of 3 PC/Laptop devices and will receive automatic updates for the duration of your MyDigitalProtection™ Membership. You will not be able to receive automatic updates when your MyDigitalProtection™ Membership is cancelled or terminated. Access to Secure Browser will cease when your MyDigitalProtection™ Membership is cancelled or terminated.
User Licence Agreement – PC/Laptop Secure Browser
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE INSTALLING OR RUNNING THE PC AND LAPTOP SECURE BROWSER SOFTWARE.
THIS PC AND LAPTOP SECURE BROWSER SOFTWARE IS PROVIDED BY SENTRYBAY LTD. BY INSTALLING THE SOFTWARE WHICH IS AVAILABLE ON THE WEBSITE YOU AGREE TO BE BOUND BY THIS USER LICENCE AGREEMENT IN ADDITION TO SECTION A OF THESE TERMS & CONDITIONS. YOU MUST NOT INSTALL OR USE THE SOFTWARE IF YOU DO NOT ACCEPT THIS USER LICENCE AGREEMENT.
GRANT OF LICENCE: This non-exclusive Licence allows you to install the PC/Laptop Secure Browser software on up to three personal home computers or laptops for use by you.
This Licence is granted for personal domestic use only. You are not allowed to install or store this Software on a file server or use it for business purposes.
COMPATIBILITY: This software supports the following Windows Operating systems: Windows XP (SP3), Vista(SP2) and Windows 7, 8, 8.1 and 10, or as from time to time may be updated.
INTELLECTUAL PROPERTY RIGHTS: you acknowledge that all intellectual property rights in the PC/Laptop Secure Browser software belong to SentryBay Limited. Except as otherwise expressly stated in this User Licence Agreement, you are not allowed to copy, adapt, modify or reverse engineer the Software (except to the extent that any such action is permitted by law).
WARRANTIES: The PC/Laptop Secure Browser software is designed to protect you online against spyware threats including key logging, but like all products designed to combat malicious software, SentryBay Limited cannot guarantee that the Software will be 100% effective. SentryBay Limited does not guarantee that the Software will be free of all errors or bugs, or free from interruption or failure. You should not consider the Secure Browser software as your sole means of protecting online and you should take other prudent measures to reduce risk such as the use of up-to-date anti-virus software, safekeeping of passwords, careful use of payment cards and the shredding of important documents. You therefore acknowledge that, whilst SentryBay Limited guarantees that the Secure Browser software is of satisfactory quality and is reasonably fit for the purpose for which it is supplied, you are responsible for your selection of the Software as suitable for your purposes in the context of your overall approach to the risk of identity theft. SentryBay Limited is not responsible for any problems arising from the unsuitability of the Software for your purposes unless that is due to the SentryBay Limited’s misrepresentation or mis-description or some other breach of duty on the part of SentryBay Limited.
12.3 Mobile Secure Browser Terms & Conditions
These Mobile Secure Browser Terms & Conditions constitute a legal agreement between you and SentryBay a company registered in England and Wales with registration number 06370537 and whose registered office is at 3 Manchester Square, London, W1U 3PB regarding your use of Mobile Secure Browser.
Mobile Secure Browser is provided by SentryBay. Mobile Secure Browser is a secure application that allows you to browse the internet safely from your mobile phone or tablet, helping to protect you from phishing scams. Once you have registered on the Website, you will be able to install the Mobile Secure Browser app on your Android or Apple mobile phone or tablet. By downloading the Mobile Secure Browser software you agree to comply with the User Licence Agreement set out below. You are able to install the Mobile Secure Browser software on a maximum of 3 mobile devices, and will receive automatic updates for as long as you remain a member of MyDigitalProtection™. You will not be able to receive automatic updates when your MyDigitalProtection™ Membership is cancelled or terminated. Access to Mobile Secure Browser will cease when your MyDigitalProtection™ Membership is cancelled or terminated.
SentryBay will collect your name, membership number and date of birth and will only use your personal data in accordance with its Privacy and Cookies Policy. Please take the time to read this carefully, as it includes important information about how SentryBay collects and uses your data.
User Licence Agreement - Mobile Secure Browser
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE INSTALLING OR RUNNING THE MOBILE SECURE BROWSER SOFTWARE.
THIS SOFTWARE IS PROVIDED BY SENTRYBAY LTD. BY INSTALLING THE MOBILE SECURE BROWSER SOFTWARE WHICH IS AVAILABLE ON THE WEBSITE YOU AGREE TO BE BOUND BY THIS USER LICENCE AGREEMENT IN ADDITION TO SECTION A OF THESE TERMS & CONDITIONS. YOU MUST NOT INSTALL OR USE THE SOFTWARE IF YOU DO NOT ACCEPT THIS USER LICENCE AGREEMENT.
GRANT OF LICENCE: This Licence allows you to install the Mobile Secure Browser Software on up to three mobile devices for use by you.
This Licence is granted for domestic use only. you are not allowed to install or store this Software on a file server.
COMPATIBILITY: This software supports the following operating systems: Android 4.0, 4.1, 4.2, 4.3 and 5.0 and iOS 7, 8 and 9, or as from time to time may be updated.
INTELLECTUAL PROPERTY RIGHTS: you acknowledge that all intellectual property rights in the Mobile Secure Browser software belong to SentryBay Limited. Except as expressly stated in this User Licence Agreement, you are not allowed to copy, adapt, modify or reverse engineer the Software (except to the extent that any such action is permitted by law).
WARRANTIES: The Mobile Secure Browser application software is designed to provide a secure browser through which you can surf the web securely and prevent access to ‘phishing’ websites attempting to procure your personal and financial data deceitfully. The software will install but will not work on a jailbroken or rooted mobile phone or tablet and it will cease to work on a mobile phone or tablet which is jailbroken or rooted after installation of the software has taken place.
SentryBay Limited cannot guarantee that the Software will be 100% effective nor that the Software will be free of all errors or bugs, or free from interruption or failure. you should not consider the Software as your sole means of protecting your device from identity theft and you should take other prudent measures to reduce risk such as the use of up-to-date anti-virus software, safekeeping of passwords and careful use of payment card details.
You therefore acknowledge that, whilst SentryBay Limited guarantees that the Software is of satisfactory quality and is reasonably fit for the purpose for which it is supplied, you are responsible for your selection of the Software as suitable for your purposes
in the context of your overall approach to the risk of identity theft. SentryBay Limited is not responsible for any problems arising from the unsuitability of the Software for your purposes unless that is due to SentryBay Limited’s misrepresentation or mis-description or some other breach of duty on the part of SentryBay Limited or the supplier.
12.4 PERSONAL EXTENDED PROTECTION POLICY (Identity Theft Insurance)
Whereas the Insured by a proposal and declaration which shall form the basis of this contract, has applied to Tata-AIG General Insurance Company Ltd. (hereinafter called Tata AIG) and having paid the full Premium mentioned as per subscription fees to Uppercliff, as consideration for the insurance, Tata AIG Agrees, (Subject to the Terms, Conditions and Exclusions contained herein or endorsed or otherwise expressed hereon) to pay the Insured, if the insured shall sustain loss, damage or liability during the period of insurance stated herein, the amount of benefits specified herein or liability incurred but not exceeding in any one period of insurance in respect of each of the several items specified herein the sum set opposite thereto respectively.
This section is applicable to all coverage sections of the policy.
A.You and Your means:
The “named insured” shown in the Declaration page; and
The legally married spouse or dependent children under age 21 (twenty-one), living with you in your home.
B.We, Us, and Our means the Tata AIG General Insurance Company Ltd.
C.Relative means your 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 in-law, uncle, aunt, niece, nephew, and first cousin.
D.Policy period means the period of time you are covered by this insurance from the effective date to the expiration date.
E.Money means currency, coins and bank notes in current use and having a face value.
F.Payment card means an ATM card, credit card, charge card, prepaid card or debit card issued by a qualified financial institution for personal use only.
G.SIM card means the Subscriber Identity Module (SIM) card that is delivered together with a subscription contract or pay-as-you-go contract used for the operating of mobile phones.
H.ATM means automatic teller machine.
I.Lost or Stolen means having been inadvertently lost or having been stolen by a third party without your assistance, consent or co-operation.
J.Cheque(s) means any bank draft drawn against deposited funds to pay a specific sum to a specified payee on demand other than drafts with a stamped signature.
K.Residence means the place that is shown as the “insured mailing address” on the Policy Schedule.
L. Business means:
A trade, profession or occupation engaged in on a full-time, part-time or occasional basis; or
Any other activity engaged in for money or other compensation.
I. What We Cover
We will pay for your expenses resulting from your efforts to resolve your identity theft, and expenses can be submitted up to 12 months after you make a claim. The following expenses are covered:
Legal Expenses – We will reimburse you for attorney and court fees incurred by you for:
Defending any suit brought against you by a creditor or collection agency or someone acting on their behalf as a result of the identity theft;
Removing any civil or criminal judgment wrongfully entered against you as a result of the identity theft;
Challenging the accuracy or completeness of any information in your consumer credit report provided this information is inaccurate and falsely provided to the credit agency or financial institution as a result of identity theft.
Lost Wages - We will reimburse you for time taken from work solely as a result of your efforts to correct your financial records that have been altered due to identity theft. Payment of lost wages includes compensation for whole or partial unpaid workdays. You must take these unpaid days within 12 months of making a claim.
Obligation to pay - If any credit accounts and or bank accounts were opened in your name without your authorization, we will pay for your actual loss from the unauthorized account. We will pay for your legal obligation to pay a creditor when the account was created as part of your identity theft.
Miscellaneous Expenses – We will reimburse the following expenses:
The cost of re-filing applications for credit accounts or banking accounts that are rejected solely because the lender received incorrect information as a result of identity theft;
The cost of notarizing documents related to your identity theft, long distance telephone calls, and certified mail reasonably incurred as a result of your efforts to report an identity theft or to correct your financial and credit records that have been altered as a result of your identity theft;
The cost of contesting the accuracy or completeness of any information contained in your credit history as a result of your identity theft;
The cost of a maximum of 4 (four) credit reports from an entity approved by us. The credit reports shall be requested when you make a claim.
II. Coverage Exclusions
We will not pay for any expenses or loss as a result of:
Monetary losses other than those provided under “What We Cover”.
Any physical injury, sickness, disease, disability, shock, mental anguish and mental injury including required care, loss of services or death;
Requesting credit reports before the discovery of your identity theft;
Taking time from self-employment or workdays that will be paid by your employer in order to correct your financial records that have been altered due to identity theft.
III. Coverage Conditions for Identity Theft Insurance
The fraudulent account must have been opened in your name without your authorization.
Any false charge or withdrawal from the unauthorized opened account must be verified by your financial institution.
Coverage for false charges is limited to the amount you are held liable for by the financial institution.
We will be permitted to inspect your financial records.
You will cooperate with us and help us to enforce any legal rights you or we may have in relation to your identity theft; this may include your attendance at depositions, hearings and trials, and giving evidence as necessary to resolve your identity theft.
You will only have to pay one deductible per identity theft occurrence during the policy period.
IV. Duties after an Accident or Loss
In the event of a covered loss you shall:
Call us at 1800119966 or provide written intimation to make a claim within 15 days of discovering the identity theft to obtain proper forms and instructions;
File a police report within 24 hours of discovering the identity theft;
Notify your bank(s) or credit account issuer(s) of the identity theft within 6 hours of discovering the identity theft;
Complete and return any claims forms including an authorization for us to obtain records and other information such as credit reports (if applicable) within 3 days of making the claim;
Provide proof that it was necessary to take time away from your work if you make a claim for lost wages. We will ask you to submit proof from your employer that you took unpaid days off, and you must have this information notarized;
Send us copies of any demands, notices, summonses, complaints, or legal papers received in connection with a covered loss;
Take all reasonable and prudent action to prevent further damage to your identity.
Identity Theft Coverage Definitions
1. Identity Theft means the unauthorized and/or illegal use of your personal information such as your name to open credit accounts and/or bank accounts that you did not authorize.
2. Credit Accounts means any credit arrangements from a qualified financial institution for personal use, such as credit card account, car/home loan account.
3. Suit means a civil proceeding seeking monetary damages as a result of identity theft, or a criminal proceeding in which you are charged with illegal acts committed by someone else while engaged in the theft of your identity
4. Robbery means the unlawful taking of money or other property from your care and custody by one who has caused or threatened you with bodily harm and has committed an illegal or violent act.
5. Bodily injury means bodily harm, sickness or disease, including required care, loss of services and death that result.
6. Replacement cost means the amount it would cost to replace an item of similar specifications at current prices.
7. Personal Papers means identification documents issued by your country, state including but not limited to your driver’s license and passport.
8. Transportation tickets means the tickets purchased for bus, subway or other type of public or private transportation.
9. Unauthorised charges means those charges which are incurred on the payment card / sim card after the physical loss of the payment card / sim card and without the knowledge or consent of the payment card / sim card holder as per provisions, terms and conditions of payment card ssuer / mobile service provider."
This section is applicable to all coverage sections of the policy.
We will not cover the following:
Losses that do not occur within the policy period;
Losses that result from or related to business pursuits including your work or profession;
Losses caused by illegal acts;
Losses that you have intentionally caused;
Losses that result from the direct actions of a relative, or actions that a relative knew of or planned.
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, riot or the act of any lawfully constituted authority.
Losses due to the order of any government, public authority, or customers’ officials.
Losses due to ionising radiations contamination by radio activity from any nuclear fuel or from any nuclear waste from the combustion (including any self-sustaining process of nuclear fission) of nuclear fuel.
Losses due to the radioactive toxic, explosives or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
Losses due to nuclear weapons material.
Terrorism Exclusion Warranty
Notwithstanding any provision to the contrary within this insurance it is agreed that this insurance excludes loss, damage cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss. For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and / or the threat thereof, of 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 purpose including the intention to influence any government and/or to put the public, or any section of the public in fear.
The warranty also excludes 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 action taken in respect of any act of terrorism.
If the Company alleges that by reason of this exclusion, any loss, damage, cost or expenses is not covered by this insurance the burden of proving the contrary shall be upon the insured. In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.
12.4 Credit Report & Monitoring Services
ADefinition: The words Credit Information used in this section mean: the details of your credit / loan Account or other borrowings provided in the Equifax Credit Information Report (CIR) provided to you.
Other terms not defined herein shall have the meaning as per the Credit Information Companies (regulation) Act, 2005 and Rules and Regulations made there under (together referred as “CIC Laws”).
B. The processing of your request (Services) will start after receipt of your CIR request form (Request Form) duly signed by you or your authorised person, with the relevant documents OR online using our secure APIs from the Uppercliff Website.
C.Processing and Dispatch of an Equifax Credit Information Report:
(a) On receipt of completed Request Form, along with relevant documents as mentioned above there will be a verification and validation process. The below mentioned conditions are applicable:
you must be over 18 years of age;
you agree to pay the Price as part of your term subscription fees paid to Uppercliff.
you must provide us with complete and accurate details such as your full name, date of birth, PAN # and address of residency;
each request is for one person only, we do not accept joint request;
If we cannot validate the information you have provided in your Request Form and the documents you have submitted, we will write to you for further/additional information and if you do not provide this additional information within 30 days from the date of our written request to you for information, we will not be compelled to process your request.
(b) We would be unable to provide the CIR to you/your authorised person if we have been unable to validate your information; or you have not provided us the additional information as we requested from you to complete the validation process within 30 days from the day of our request for further information is issued. If the information you receive is damaged for reasons or circumstances beyond our or your reasonable control or if you think we have not provided the Services we agreed to provide you, you should contact us either in writing addressed to Equifax Credit Information Services Private Limited, Unit No.931, 3rd Floor, Building No.9, Solitaire Corporate Park, Andheri Ghatkopar Link Road, Andheri East, Mumbai – 400093 or call us at Toll Free No. 1 800 209 3247 or email us at email@example.com
D. Permitted Use of Information: You agree that you shall not reproduce or use the CIR except as permitted under the provisions of CIC Laws.
E.Third Party Rights: Anyone other than you shall not be able to enforce any part of the Conditions mentioned herein.
F.Applicable Law and Jurisdiction: These Conditions shall be governed by and understood in accordance with Indian laws, more specifically the CIC Laws and courts in the city of Mumbai will have exclusive jurisdiction.
(a) The CIR provided is based upon the data which is relevant at the time the CIR sent to you. You therefore acknowledge and accept or agree that the accuracy and/or relevance of the CIR may change after it is delivered to you. Equifax will not be responsible for any failure to generate a CIR in the event the bank or credit / financial institution that you are a customer of ceases to provide data to us.
(b) The Information supplied does not constitute any form of advice, recommendation or endorsement by us and is not intended to be relied upon by you in making (or refraining from making) any specific decision. We do not accept any responsibility for any loss including consequential, incidental, indirect, exemplary or special damages, including lost profits that may arise from relying on the Information. Neither Equifax, nor its officers, directors, employees or agents shall be liable to you for any claim, injury or damages suffered by you consequent up on furnishing the CIR to you.
(c) Equifax will use best efforts in the supply of the CIR to you. As we obtain the data from our members, Equifax does not guarantee the timeliness, correctness or completeness of such Credit Information. Equifax will check the quality of data received from its members to ensure that the CIR provided to you is accurate, on a best efforts basis.
(d) Equifax’s liability to you arising in contract, tort or otherwise from any information or from any action taken (or refrained from being taken) as a result of the Services is limited as follows:
Equifax has no other liability to you until it has received notice of your complaint or issue and its liability to you is limited to the Price paid by you;
Equifax has no other liability for any complaint or issues, delays or defects in the Information if such complaint or issues, defects or delays are caused by any event or circumstances beyond its reasonable control;
Equifax does not accept any liability to you for any indirect or consequential loss or damage arising out of the Services;
H.Modification of terms: The terms and conditions mentioned herein may be modified by Equifax in its sole discretion from time to time.
I.Other Terms and Conditions:
If a court finds any part of these conditions to be invalid, the remaining parts of these conditions shall continue unaffected.
If either of us fails to exercise any right or legal remedy available to either you or us any such failure shall not prevent you or us from relying on these at a later date.
Headings in these Conditions are for convenience only and will have no legal meaning or effect.
In case of any query with regards to our Services and /or issues, you can write to us at: Equifax Credit Information Services Private Limited, Unit No. 931, 3rd Floor, Building No.9, Solitaire Corporate Park, Andheri Ghatkopar Link Road, Andheri East, Mumbai – 400093 or call us at Toll Free No. 1 800 209 3247 or email us at firstname.lastname@example.org