TERMS AND CONDITIONS OF EUROP ASSISTANCE INDIA DIGITAL IDENTITY PROTECTION PRODUCTS
This website (the “Site”) is owned and/or operated by Europ Assistance India (EAI) and is subject to the Terms of Service, Privacy Policy, and other legal notices posted on the Site, and these Terms and Conditions, which you should read before proceeding.
EAI provides the services listed below (“the Products”), which are part of EAI’s Digital Identity Protection Program (“DIP”).* The DIPProducts are accessible through the EAI Digital Identity Protection (“DIP”) Portal and the Products may only be used by you in accordance with these Terms and Conditions (the “Terms”).
There are different DIP programs.Please refer to the plan details in your Account Details page to be aware of the Products that are included in your DIP.
These Terms set forth the terms and conditions applicable to your use of the DIP Products as a Member, meaning that by enrolling in the DIP Program or by using any of the DIPProducts (a) you as the Primary Member and each participating Member in your family agree to the Terms on behalf of yourself and all other Members and (b) all other Members agree to the Terms. By accessing the DIP, enrolling or attempting to enroll in the DIP, or using the Products you and all participating family Members acknowledge and agree that these Terms are a legally binding contract between you and EAI. Any Member who does not agree to the Terms is not authorized to use the Products.
By enrolling in the DIP Program and/or by using any of the DIP Products (a) you as the Primary Member on behalf of yourself and all other Members, and (b) each Member using any of the DIP Products represent and warrant that the information provided to the DIP is true and correct to the best of your or such Member’s knowledge and belief.Some DIP Product features may be provided through authorized third-party providers and may be subject to additional terms and conditions implemented by those authorized providers.
A. DEFINITIONS:
“Primary Member” means an individual person who has purchased DIP and is duly enrolled in compliance with the terms of enrollment. A Primary Member must be at least 18 years of age to purchase DIP and a citizen or legal resident of India.
“Member” means a Primary Memberwho is in compliance with the terms of enrollment in the DIP. A Member must be a citizen or a legal resident of India.
“Purchase Date” and “Effective Date” means the date when the Primary Member purchases the DIP.
“Renewal Date” means each annual anniversary of the Purchase Date.
“Individual Plan” includes the Primary Member only.
B. PREVENTION AND DETECTION PRODUCT SERVICES:
IMPORTANT NOTICE: AS A DIP MEMBER YOU ARE ENTITLED TO RECEIVE ANY OF THE DIP SERVICES LISTED BELOW THAT ARE INCLUDED IN YOUR DIP PROGRAM MEMBERSHIP PLAN. IN ORDER TO USE SOME SERVICES INCLUDED IN YOUR DIP MEMBERSHIP YOU MUST FIRST ACTIVATE THE INDICATED SERVICES BY PROVIDING US OR OUR APPROVED THIRD-PARTY SERVICE PROVIDERS WITH ADDITIONAL INFORMATION ABOUT YOURSELF. PROVIDING SUCH INFORMATION IS ENTIRELY OPTIONAL, BUT IF YOU CHOOSE NOT TO PROVIDE THE REQUESTED INFORMATION, SOME INCLUDED SERVICES WILL NOT BE AVAILABLE FOR YOU TO USE OR YOU MAY NOT BE ABLE TO RECEIVE ALL THE FEATURES OF INCLUDED SERVICES. ALL PERSONAL INFORMATION WE RECEIVE FROM YOU WILL BE TREATED AS CONFIDENTIAL AND WILL BE USED ONLY BY EAI AND ITS APPROVED SERVICE PROVIDERS TO HELP PROVIDE THE PRODUCT SERVICES YOU HAVE REQUESTED. FOR ADDITIONAL INFORMATION RELATING TO USE OF INFORMATION YOU PROVIDE IN CONNECTION WITH OUR PRODUCTS, PLEASE SEE OUR PRIVACY POLICY.
1. 24/7 Expertise – Members have toll-free access to the EAI Coordination Center, 24 hours a day, 365 days a year including access to our digital identity theft resolution specialistsand online resources to educate Members on how Identity Theft occurs and tips to help you and your family keep your identities safe.
2. Online Identity Monitoring Dashboard (requires activation) – If your program includes this service, we will provide a dashboard to monitor your identity risk level, track your credit profile, access Identity theft protection tips and respond to alerts from our online platform.
3. Device Security Software (requires account activation to access software/mobile application and software installation)– If your DIP program includes this service, EAI’s Device Security Software includes the Antivirus Protection, Online Banking Protection, Digi-Parenting, and Ransomware Protectionsoftware that helps protect your digital data on various devices and the digital identities of your kin.
a. Antivirus Protection has a way to protect you from completely new threats that are not yet identified as viruses using artificial intelligence to scan and analyze the behavior of files you download and block them if they are acting in an unusual way. Downloaded files with the biggest potential for harm are checked against the security cloud before they even reach your computer or device.
b. Online Banking Protection protects your online life with many layers of security and helps your private information stay protected. The feature secures the connection between you and your online banking and detects and shuts down all connections and programs it does not consider secure.
c. Digi-Parenting helps set healthy boundaries for your kids’ device use. The feature helps parents create a healthy online environment for their children, using tools to set time limits on all mobile apps, control access of mobile apps, find their device location and block certain types of content.
d. Ransomware Protection monitors the important folders on your devices and blocks ransomware from encrypting data in order to demand a ransom fee.
Use of Device SecuritySoftware requires that you agree to the Device Security Software Suite End User Agreement when accessing these services. We will provide you with the Device Security Suite software to be installed on your mobile, PC or laptop. The Device Security Suite runs on Windows operating system and OS X operating systems. If included in your DIP, this service provides a maximum of one (1) download in the Cyberior Plan and further device downloads can be purchased at an additional fee of Rs. 400 per device.
4 The Device Security Software Suite is provided by an independent third-party provider of services and is not affiliated with EAI.
4. Digital Identity Monitoring – If your DIP Program includes this service, you will receive access to Digital Identity Monitoring (” Digital Identity Monitoring”): Through our authorized provider, 4iQ,our automated monitoring platform actively searches the deep and dark web, where personal data is bought and sold, for any malicious activity of your personally identifiable information.
Examples of types of alerts include:
Black Market activity related to your personal information such as name, address, Identification numbers and date or birth or numbers listed on a Member’s debit/credit card, health insurance, driving license, and passport;
5. Account Breach Monitoring – If your DIP Program includes this service, you will receive access to Account Breach Monitoring (“Account Breach Monitoring”): Through our authorized provider, our intelligent monitoring platform monitors the dark web for your key email IDs like Gmail, Hotmail, Yahoo, etc. and the accounts they are connected to as a Login Credential or a Username. In case any of your online accounts (e.g. LinkedIn, Zomato, Dropbox) getting breached we immediately alert you as to which account it was that was breached through the connected mail ID and alert you of the Password to that account. This helps us proactively advise you to change your passwords before these accounts can be taken over by malicious actors.
As a part of the Cyberior plan, you are entitled to free monitoring of one email address. You can also purchase four additional email address slots to monitor for account breachesat Rs. 150 per slot.
C. IDENTITY THEFT RESOLUTION PRODUCT SERVICES:
If you experience an Identity Theft our Identity Theft Resolution services can help. Upon notification of an identity theft of a Member and receipt of a duly completed and executed authorization form from the Member, we treat each “Digital Identify Theft” as an emergency and will perform any or all of the following steps necessary to attempt to undo or prevent further damage to you:
1. 24/7 Expertise – Our digital identity theft resolution specialists are available 24/7 to help restore your identity and prevent further damage in the event of an incident. In the event of an Identity Theft, EAI will assign a personal case manager to assist you by providing the services described below.
2. Digital Identity Theft Affidavit Assistance and Submission – We’ll provide you with an Identity Theft affidavit, used to dispute any fraudulent claims or activity. After assisting with its completion, we will help you submit it to the authorities, credit bureaus and creditors.
3. Inform Police/Legal Authorities – We’ll assist you in reporting the fraudulent activity to the local authorities and forward a report of the fraudulent activity to creditors.
4. Lost Wallet Assistance – We’ll notify the appropriate bank or agency to assist you in canceling or replacing stolen or missing items such as credit/debit card, driving license, Aadhaar card, PAN card, or passport.
5. Document Replacement Services – EAI will assist you in the arrangement of documents like PAN/Passport in the event of loss of valuable documents
6. Medical Identity Theft Assistance – In the event you become the victim of medical identity theft, we’ll provide help with fraudulent medical claims placed in your name and medical care that was received fraudulently by another individual in your name. We will help you to ensure that healthcare, insurance claims and medical records are corrected, and we will involve our in-house medical staff if necessary.
7. Translation Services – If you are abroad, we’ll help you communicate with the local authorities, including filing an identity theft incident report. It is the responsibility of the Member to pay for any cost associated with the translation services.
8. Emergency Cash and Travel Arrangements – If you experience Identity Theft more than 100 kilometers from your primary place of residence, we’ll provide you an emergency cash advance as per the limits of your plan and assist with emergency travel arrangements, including airline, hotel and car rental reservations. All costs associated with this service will be your responsibility. These services must be secured by a valid credit cardor paid to us in advance in India by a relative/friend
9. Appointment of Emergency Services – If you encounter an event of Identity Theft, we will assist you in coordination of legal representatives, counselling services, and an IT specialist for fraudulent device infringement
10. Lost Device Tracking and Data Erasing–If you lose your device or are worried about someone taking control of it, we will use Device Control Tools and with your authorization immediately track the location of your device and Erase the content on the device if necessary.
11. Rs.1 Lac Cyber Insurance – If your Program includes insurance and if you become a victim of identity fraud while enrolled in the DIP, the Identity Theft Insurance** will reimburse you for your expenses resulting from your efforts to resolve your fraudulent event.
Identity Theft Insurance provides coverage for the following reasonable and necessary costs resulting from an Identity Theft event:
• Identity Theft – 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.
• Fraudulent Charges – If your payment card / sim card as specified in the schedule is lost or stolen, we will reimburse the unauthorized charges that you are responsible for on your lost or stolen payment card / sim card, up to …… days / hours prior to your first reporting the event to your payment card issuer(s) / mobile telephone service provider and ….. days post reporting of the event to your payment card issuer / mobile telephone service provider.
• ATM Assault and Robbery – We will reimburse you for the money you withdrew from any
ATM around the world using your payment card against a robbery event that occurs within 15 minutes of the withdrawal of the money. We will reimburse you for reasonable emergency first aid charges for bodily injury during a robbery that is covered by our ATM assault and robbery coverage.
Payment limits exist for each reimbursable category and some exclusions apply. Please carefully read the full summary of benefits and the actual Group Policy Terms of insurance to understand full coverage benefits and applicable exclusions and limits of coverage.
**Identity Theft Insurance is provided complementary under a Group policy of insurance underwritten by Tata AIG that has been issued to Europ Assistance India Private Limited. This summary is intended for informational purposes only and does not include all terms, conditions and exclusions of the policy. Coverage may not be available in all jurisdictions. Please refer to the actual policy for terms, conditions, and exclusions of coverage.
12. FINANCIAL COUNSELING, LEGAL COUNSELING, STRESS MANAGEMENT &PERSONAL DEVICE REPAIR & RESTORATION
If your Program includes this service and if required, EAI will contact a qualified EAI -approved service provider* on your behalf or refer you to such a service provider who will provide:
Legal Counseling: Access to one free consultation within the services’ provider’s legal network and discounted rates if the attorney is retained. Experts may determine if there is legal recourse against uncooperative creditors or the credit bureaus and may determine the best next steps. Additionally, providers can consult on other civil or criminal matters related to identity theft.
Financial Counseling: Access to consultation with a financial advisor at no cost. The financial advisor will assist you with restoring and rehabilitating your credit reputation and financial status, which have been damaged as a result of an identity theft crisis or fraud.
Stress Management: One free in-person session with Counsellor at Pan-India network properties to Help with alleviating the stress caused by Identity Theft.
Personal Device Repair and Restoration: Access to providers for the repairing and restoring of devices like laptops, desktops, mobiles that are out of serviceability criteria as a result of an identity theft event.
D. FEES:
The Primary Member shall pay the DIP fee(s) on an annual basis and the annual fee is due in full at the time of purchase.
In case of a Free Trial period being provided, non-payment of the applicable fee when due will result in termination of services effective on the date the payment was due.
As a service to its Members, EAI employs technology that automatically recognizes payment card updates and allows EAI to execute payment on the updated card on file in the Primary Member’s account.
E. CANCELLATION POLICY:
Once purchased, the plan remains effective for a period of one year and cannot be cancelled in between.
F. REFUND POLICY:
No Refund will be provided after purchase of the Cyberior Programme.
If you participate in a free trial offer, unless you request to terminate your participation in the DIP Program within thirty (30) calendar days from the beginning of the free trial, you will automatically be enrolled in the DIP Program and the Primary Member’s credit card will automatically be charged the applicable amount for your DIPannual membership
If you notify EAI of your intention not to renew membership at any time prior to the Renewal Date, the Program will not be renewed, and no additional fee will be incurred.
G. TERM:
The program is effective on the day of sale (the “Effective Date”) and is active for one year provided that the Member has paid the total amount of the applicable annual fee. Thereafter, on each anniversary of the Effective Date (each a “Renewal Date”), the DIP will renew automatically for additional one (1) year terms unless the Primary Member gives notice of his or her intention not to renew at any time before the Renewal Date but not later than two (2) business days prior to the Renewal Date. The Primary Member must pay the total amount of the applicable annual fee, depending on which payment option the Primary Member has chosen, for each additional term. Please see Refund Policy above.
H. RENEWAL TERM:
After the Initial Term, the program renews automatically for additional one (1) year terms unless the Primary Member gives notice of his or her intention not to renew before the Renewal Date. The Primary Member must pay the total amount of the applicable annual fee each additional year. Please see Refund Policy above.
EAI will send a renewal notice to the Primary Member one month prior to the Renewal Date to inform him or her that the DIP membership will automatically renew for the same annual fee in the same form of payment that was originally provided unless the Member provides notice of intent not to renew in accordance with the cancellation procedures set forth above at any time but no later than two (2) business days prior to the Renewal Date.
I. LIMIT OF LIABILITY:
By enrolling in the DIP program and/or by using any of the services, you, as Primary Member, and each Member agree that the total and exclusive liability of EAI and its employees, officers, directors, attorneys, agents, assigns and third-party contractors (the “EAI Parties”) to any Member for any claims, demands or damages relating to or arising out of DIP, the provision of services or any failure to provide services, shall be limited to the refund of the amount paid to EAI by the Member for the DIP program (“Limit of Damages”). You, as the Member agree to indemnify and hold the EAI Parties harmless for all damages, costs and expenses, including reasonable attorneys’ fees and costs, incurred by EAI in or relating to any legal proceeding brought by or on behalf of any Member for any claim, demand or damages in excess of the Limit of Damages. To the maximum extent permitted by law, notwithstanding any other provision of these Terms and Conditions, in no event shall EAI be liable to you for any exemplary or punitive damages, any remote or consequential damages or any damages not arising directly and proximately from the provision of services, regardless of whether or not such damages were reasonably foreseeable by EAI at the time of the provision of services or the Member’s enrollment in the DIP program.
J. LIMITATIONS AND EXCLUSIONS:
1. Identity Theft(s) discovered by Members prior to enrollment in the DIP program are not eligible for Service or for insurance.
2. EAI does not guarantee that its intervention on behalf of the Member duly enrolled in the DIP will result in a particular outcome or that its efforts on behalf of the Member will lead to a result satisfactory to the Member.
3. EAI services do not include, and EAI shall not assist the Member for, thefts involving non-Indian bank accounts or credit accounts.
4. EAI provides its Emergency Cash, Travel Arrangements, Translation and Lost Wallet Assistance services in countriesacross the world. However, EAI may determine that services cannot be provided in certain countries or locales because of situations such as war, natural disaster, political instability or regulatory restrictions. EAI will attempt to assist a Member consistent with the limitations presented by the prevailing situation in the area.
5. EAI shall not be responsible for failure to provide, or for delay in providing services when such failure or delay is caused by conditions beyond its control, including but not limited to labor disturbance and strike, rebellion, riot, civil commotion, war, terrorism, or uprising, nuclear accidents, natural disasters, acts of God or where rendering services is prohibited by local law or regulations.
6. Unless otherwise indicated, all credit scores furnished with our Products are Experian® Credit Scores. By this, we mean that all credit scores are prepared by Experian® and make use of the proprietary credit model developed by Experian®. When prepared and delivered to you as part of the DIP, the Experian®score is provided solely to help you understand how lenders may evaluate your overall credit risk. Therefore, nothing in any of our Products is an endorsement or a determination of any person’s qualification for a loan, or any other extension of credit.
7. Your use of the Experian® Credit Scoresis always subject to all Experian terms and conditions, restrictions, and disclaimers. EAI assumes no responsibility of any kind for the completeness or accuracy of any Experian® Credit Score. EAI does not represent that the Experian® Credit Score is identical or like any other credit score or score model.
8. MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM CERTAIN GOVERNMENT AGENCIES. IN ADDITION, CREDIT REPORTING AGENCIES ARE REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CREDIT RECORD UPON REQUEST AT NO CHARGE OR FOR A NOMINAL FEE. NONE OF THE PRODUCTS OFFERED THROUGH THIS SITE ARE INTENDED AS A SUBSTITUTE FOR THE CONSUMER CREDIT INFORMATION THAT MAY BE AVAILABLE TO YOU WITHOUT CHARGE.
9. The Device Security Protection Suite software is designed to protect the Member online, but like all products designed to combat malicious software, EAI cannot guarantee that the software will be 100% effective. Neither EAI nor the licensor nor the supplier that a Member purchases such software from guarantee that the software will be free of all errors or bugs, or free from interruption or failure. You should not consider the software as the sole means of protecting yourself from identity theft and you should take other prudent measures to reduce risk such as the use of safekeeping of passwords, careful use of payment cards and the shredding of important documents. By accessing or using the Device Security Protection Suite software you acknowledge and agree that, while the supplier of the software may guarantee that the software is of satisfactory quality and is reasonably fit for the purpose for which it is supplied, you are responsible to verify that the software selected is suitable for your purposes in the context of your overall approach to the risk of identity theft. EAI is not responsible for any problems arising from or relating to the operation of the software, compatibility OR OPERATION of the software with your operating system, or unsuitability of the software for your purposes unless we have made a misrepresentation with respect to the software.
10. EXCEPT FOR EXPRESS WARRANTIES, IF ANY, STATED IN THESE TERMS AND CONDITIONS, ANY SOFTWARE USED OR SERVICES PROVIDED IN CONNECTION WITH THE DIP AND ASSOCIATED PRODUCTS, IS PROVIDED “AS IS,” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU, THE USER. IN ADDITION, EAI EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SUITABILITY FOR YOUR INTENDED PURPOSES.
K. GOVERNING LAW AND JURISDICTION:
These Terms shall be deemed to be made in India and shall in all respects be interpreted, construed and governed by and in accordance with its laws without application of conflicts of law provisions. For any disputes arising out of the Terms, the parties irrevocably submit to the jurisdiction of thecourts of Mumbai local, which shall serve as the exclusive forum for the purposes of any suit, action or other proceeding, except for a suit by EAI seeking injunctive relief, which EAI may pursue in any appropriate forum.