Terms and Conditions

MILES UPPERCLUB PROGRAM DEFINITION

Miles upperClub offers exclusive travel content to its Users when booking air flights, reserving hotels, car rental or entertainment/activities for the Users trip. Users will also obtain and receive benefits and discounts when using the program. These include enjoying a Best-Price Guarantee, access to Travel Protection and earning REWARD when redeeming and purchasing travel experiences through the platform. With Miles upperClubMiles you earn up to 5X rewards on all you spend and redeem even when paying with rewards.

Miles upperClub ENROLLMENT

Miles is instantly issued and activated, you can sign up in no time and start using it right away in over 55 million locations around the world.

To access Miles upperClub, Users must have reached the legal age of majority in their respective territory/country of residence, complete the registration, have a valid email address and establish an Miles upperClub account (“Miles upperClub Account”).

It is the Users responsibility to keep the user ID and password safe and to restrict access to any mobile phone number and/or e-mail address registered with the Miles upperClub. Users are solely responsible for all transactions and redemptions activities in their Miles upperClub Account.

Any necessary enrollment fees will be established by the Miles upperClub Administrator.

Miles upperClub ELEGIBILITY.

Any individual who is the main cardholder of a valid credit or debit card issued by an Issuer licensed by a major credit or debit card network to operate in any territory and in good standing may be eligible to become a User of the Miles upperClub program. Miles upperClub Administrator reserves the right to determine whether a particular card or cardholder is eligible to participate in the program.

Miles upperClub ACCOUNT.

The Miles upperClub Account is created to support Users transactions. It can be used to make deposits and withdrawals and serves as the medium for push payments (reimbursements or refunds / credits) or REWARD deposit, redemption of points and payment method.

Miles upperClub REWARD.

• REWARD BENEFIT

  The Miles upperClub Rewards Benefits is based on a points system that allows Users to earn one point for each dollar or eligible equivalent amount in local currency charged to the card on file for Qualifying Purchases (each a “Reward Point”), provided the card on file account is current.

  REWARD are earned whether transactions are made with card on file in full, with points only or with a combination of both (card on file and points).

  User may redeem REWARD at any time for all available content in the platform: air travel tickets, hotel stays, car rentals and/or activities/entertainment (referred to generally as “Rewards”).

  Plus, there is no limit to how much rewards you can earn. Miles card help you earn rewards over rewards.

  The more redemption you make with your Miles Card in travel, Hotels, Cars and other products, the more miles you earn.

  Miles upperClub Account REWARD balance and online redemption activity can be found at any time in the Miles upperClub mobile app. User can also inquire about REWARD balance, points earned and online and offline redemption activity by contacting our interactive support team anytime through the Miles upperClub mobile app.

  Only Qualifying Purchases with the card on file registered in your Miles upperClub can earn points. A “Qualifying Purchase” is any type of purchase transaction processed through the Miles upperClub platform, whether it is performed online or using the mobile app.

  Qualifying Purchase amounts will be rounded to the nearest whole dollar amount to determine the number of REWARD to be posted to your Miles upperClub Account.

  REWARD for Qualifying Purchases posted during a calendar month shall be eligible for immediate redemption. Any returns, credits, or chargebacks earn “negative” REWARD; such “negative” REWARD will reduce the total REWARD posted to the Miles upperClub Account. Occasionally, the Miles upperClub Administrator may authorize an adjustment to your Rewards Point balance. These adjustments can be positive or negative.

  Miles upperClub, at its exclusive discretion, may modify the list of Qualifying Purchases from time to time.

  REWARD will be accumulated only in the Miles Card when using the card on file registered in the Miles upperClub Account.

  Taxes and fees related to the travel purchase or redemption do not qualify for REWARD.

  The Miles upperClub Administrator will determine, at its exclusive discretion, whether or not your Miles Card is current to earn REWARD.

• REWARDS POINTS REDEMPTION PROCESS

  Once travel reservation is completed, User is directed to the payment form where both card on file and available points will be redeemed (if applied). User will select how to pay for the transaction:

  - With available points only

  - With available points and registered card on file

  At this point, User may also add a new card to complete the transaction.

  Once redemption transaction is completed, User will be notified with the completion of the transaction including the amount of REWARD obtained for this purchase.

  Miles upperClub REWARD are redeemed on a “first-in, first-out” basis, the first REWARD earned will be the first REWARD redeemed over the life of the Miles upperClub Rewards Account. Once a redemption transaction is placed, the Miles upperClub Account will be reduced by the number of REWARD used.

  Once the Rewards transaction is issued it is considered final; REWARD are not reimbursable and no changes will be accepted. Once redeemed, REWARD may not be replaced, reimbursed or exchanged for cash, credit or other Rewards under any circumstances.

  All Rewards Reservations are subject to availability and must be booked through the Mobile app . No other reservations will be accepted.

  User must accept or reject any quote provided by Miles upperClub Administrator by the response date and time indicated on the quote or the website’s online redemption tool, otherwise the quote, along with any reservation already made, will be cancelled, and the related Reward forfeited.

  If you decide to make additional arrangements to those provided by the Rewards Reservation, you are exclusively responsible for those arrangements, including but not limited to any costs associated with the additional arrangements or impact those arrangements have on the Rewards Reservation and/or your ability to exercise the Reward. If a merchant imposes a charge for cancellation or changes, Users will be responsible for paying for those charges and may not do so using REWARD.

  Users are solely responsible for obtaining the proper documentation, visas, immigration documents, or any type of service to fill out and submit forms required by the authorities in each country. Users are solely responsible for obtaining and maintaining in their possession valid proof of citizenship or naturalization, immunization certificates and/or visas required to travel or enter another country.

• FORFEITURE OF REWARD

  Positive REWARD balance will be forfeited if:

  - card on file account is closed by User or by the card issuer

  - Miles upperClub Account is terminated by User

  - upon death

  You may not be provided with notice of expiration or forfeiture of REWARD.

  Any fraud or abuse related to the REWARD earned or redeemed will result in the cancellation of all REWARD earned under the Miles upperClub program, as well as in the immediate cancellation of the Miles upperClub Account.

  Users can change their card on file at any time having no impact in their Miles upperClub Account or REWARD balance.

• EXPIRATION OF REWARD

  Miles upperClub REWARD will not expire in your Miles upperClub Account. Miles upperClub may decide REWARD expiration rules anytime, if necessary.

  You are not entitled to compensation from Miles upperClub, from the card network or from any other entity when your REWARD are forfeited for any reason.

• ABOUT REWARD

  REWARD have no cash or other value, except to be redeemed by the User on the Miles upperClub Account.

  REWARD may not be sold or transferred from the User Miles upperClub Account. If the Card associated with your Miles upperClub Account is a commercial or business product issued to you in your capacity as an employee or contractor, you, and not your company, will receive the REWARD and be eligible to redeem them for Rewards.

  In no event will the card network of your card on file or the Issuer be liable to any Miles upperClub participant or anyone claiming through an Miles upperClub participant for any direct, indirect or consequential damages, or lost revenue or profits, arising out of card network’s or the Issuer’s acts or omissions in connection with the Miles upperClub Account.

  If the Miles upperClub Administrator improperly denies or fails to credit REWARD duly earned by you for Qualifying Purchases or any other Miles upperClub Benefit, your exclusive remedy will be the issuance of the improperly denied Miles upperClub REWARD, Reward or benefit if available, or such other alternative comparable benefit as determined by Miles upperClub. In no event will the card network or the Issuer be liable to any Miles upperClub participant or anyone claiming through an Miles upperClub participant for any direct, indirect or consequential damages, or lost revenue or profits, arising out of the card network’s or the Issuer’s acts or omissions in connection with Miles upperClub.

• REWARD DISCLAIMERS AND LIMITATIONS

  REWARD are not available under any circumstances for travel, hotels, car rentals or any other type of benefit or service related to Cuba, Iran, Syria and Sudan. U.S. laws prohibit card networks from providing or facilitating any benefits or services related to Cuba, Iran, Syria or Sudan, including but not limited to the redemption of Rewards for benefits or services related to those countries. Please be aware of these limitations prior to making travel arrangements or using your card on file, and any benefits restrictions, that may apply in those countries. Exceptions to this prohibition are not permitted.

  Miles upperClub reserves the right to modify or cancel the Reward Benefit Points at any time, and the service providers and/or merchants reserves the right to cancel their participation in the program at any time. This may result in the cancellation of any existing REWARD balance for which the service providers and/or merchants shall not be liable.

  Published REWARD levels are subject to change due to fluctuations in currency exchange rates, customs charges, taxes, charges and fees imposed by governments, and fuel surcharges. Changes may also include, but are not limited to:

  • the number of REWARD you earn for a particular type of activity
  • the number of REWARD you need to reach a particular Reward tier or to redeem a particular Reward
  • omitting or adding Reward levels or categories
  • changing the selection of Rewards
  • imposing, increasing or eliminating REWARD caps
  • changing the conditions under which REWARD expire or are forfeited.

  Payments of existing card balances, balance transfers, cash advances, cash withdrawals of any kind, card fees, currency conversion fees, transaction fees, coverage fees, returned items for which a credit was issued, purchases that for any reason are in violation of the law or the Card Agreement, unauthorized charges and other types of fees are not Qualifying Purchases.

  The Issuer, card network and service providers are not responsible to you for the quality or performance of the REWARD, the products/services obtained with the REWARD, any act or omission by any provider of Rewards, availability of Rewards, whether redeemed or otherwise, disputes between authorized users regarding the Miles upperClub or for any other reason. Neither the Issuer nor card network make any guarantee, warranty or representation of any kind, express or implied, with respect to the REWARD, including but not limited to warranties of merchantability or fitness for a particular purpose.

  The Issuer and card network are not liable for any injury, damage or loss to person or property or any expense, accident or inconvenience that may arise from the use of the REWARD, or the use of the Rewards or products or services or merchandise purchased or obtained with the Rewards, or otherwise in connection with the Miles upperClub.

  The Issuer and card network are not responsible for merchants, manufacturers or other Rewards providers that discontinue or cancel a Reward due to bankruptcy or for any other reason. Neither the Issuer nor card network make any representation or endorsement of any Reward, merchant or other provider of a Reward in connection with the Miles upperClub.

  If participating in the Miles upperClub program offered via a mobile device, the wireless provider’s message and data rates may apply and User will be responsible for any such charges from wireless provider.

  The Issuer, card network, and participating merchants are not be responsible for replacing lost, stolen or damaged Rewards.

  Travel-related Rewards will be treated as if purchased with the card on file associated with your Miles upperClub Account, so that benefits (including but not limited to travel accident or loss of vehicle coverage, if applicable) available to you for purchases with your card on file will apply to Rewards, as long as all taxes, charges and/or fees charged to you in connection with your redemption and/or utilization of the Reward are paid for in full with your card on file. You are solely responsible for reading and understanding the terms and conditions applicable to those benefits to maintain your eligibility in connection with the Reward. For any questions regarding the benefits available to you, please contact Miles upperClub customer service.

Miles upperClub BEST-PRICE GUARANTEE

• BEST-PRICE GUARANTEE BENEFIT

  Miles upperClub Users will enjoy Best-Price Guarantee when booking travel based on the agreements with Miles upperClub travel service providers.

  • Price Guarantee for Air flight.

    In the event of a lower rate available in Miles upperClub or on another country-based website within 24 hours of booking with Miles upperClub, Miles upperClub will credit or refund the difference in price.

  • Price Guarantee for Hotels.

    In the event of a lower rate available in Miles upperClub or on another country-based website up to 11:59 pm Pacific 48 hours after completing the hotel booking, Miles upperClub will credit or refund the difference in price.

• BEST-PRICE GUARANTEE RULES & CONDITIONS

  The trip must be completed as per booked itinerary through the mobile app or, if available, via the Website’s online redemption system to be eligible for refund or credit.

  User must file a Price Guarantee application form through the mobile app within twenty-four (24) hours after the My Rewards booking OR, for hotels, within forty-eight-(48) hours after completing the booking. The lower rate must be available for booking at the time of contact.

  Each credit is valid for one (1) year from month of issuance.

  Price Guarantee is available only for exact itinerary matches.

  Price Guarantee applies only to prices both advertised and available to the general public on an English and Spanish-language website. For example, it does not apply to rates offered on:

  • Usership program websites, corporate discounts or rates
  • Group, charter, rewards program, incentive, meeting, convention, consolidator or interline prices
  • Prices obtained via auction or similar process
  • Prices available only by using a coupon or other promotion not offered to the general public.

  The lower rate may not come from a website where User called to get the rate, or from an e-mail received. Additionally, the rate must be quoted, booked, and paid for in US dollars.

  All Price Guarantee requests, including receipts, are subject to verification by the Program Administrator. Program Administrator will not accept screenshots or other purported evidence of a lower price that cannot be independently confirmed by program personnel.

Miles upperClub PROTECTION

Miles upperClub enables the Coverage benefits described in the following section.

Benefits are subject to all of the following:

• all terms, conditions, provisions and exclusions of this document, including any applicable Exhibits, Schedules, and/or Endorsements

  current subscription to the Miles upperClub 'App'

  any enrollment associated fees, if applicable

Only new Trips commenced after the date the User has been advised cover commences are covered.

Words and terms in bold title case (other than those in titles and headings) shall have the meanings stated in Part VII - Definitions.

ClickHelpNet, LLC has been appointed as the Claims Administrator. All communications, notices and payment of claims required under this cover shall be transmitted to and from the Covered Person through the Claims Administrator.

Miles upperClub COMMUNICATIONS

Miles upperClub may communicate with Users for any matters related to the program via telephone, electronic mail or push notifications. To update, change, modify, or delete your Miles upperClub information or to change the consent to receive these promotions, User shall contact Miles upperClub Administrator using the information provided in the mobile application.

To access Miles upperClub website Users will need a Windows or Apple compatible computer, Internet access, a browser such as Microsoft Internet Explorer v. 8.0 or later, Google Chrome or Mozilla Firefox and an e-mail account. Additionally, must have a password to access their information electronically or to conduct any online activity related to the Miles upperClub Account on the Website.

By becoming a User of the Miles upperClub, Users authorize Miles upperClub Administrator to use information related to the Miles upperClub participation and the Miles upperClub Account (and information provided by you to participate in the Miles upperClub program) to customize the Miles upperClub experience. This may include communicating special offers, featured Rewards opportunities and customizing the promotional information (if chosen to receive such promotions).

If User would like to request a paper copy of these terms and conditions, or to withdraw the consent to receive electronic communications, they have to contact the Miles upperClub customer service using the information provided in the mobile application. If using the Website, Miles upperClub Administrator is not obligated to provide any additional hard copy communications other than these terms and conditions.

Miles upperClub CUSTOMER SERVICE

Users may contact Miles upperClub Customer Service via chat or video conference call through the Miles upperClub mobile application. The Miles upperClub Customer Service is available Monday through Friday from 7:00 a.m. to 7:00 p.m. (Eastern Standard Time). Miles upperClub reserves the right to modify customer service hours at any time and without notice.

These inquiries may include – but are not limited to - number of earned REWARD of a particular purchase or transaction, redemption orders status and any questions or concerns related to the Miles upperClub.

In case User contact their card issuer regarding the Miles upperClub Account, Miles upperClub Administrator will use reasonable efforts to investigate and correct the error or mistake, subject to the limitations set forth in these terms and conditions. In any event, User must notify Miles upperClub Administrator within 60 days of the posting date (or the date of the alleged error or mistake) to undertake an investigation of the matter. Miles upperClub Administrator may request User to provide written confirmation of the alleged error or mistake. If Miles upperClub Administrator does not receive the requested written confirmation within the requested timeframe, Miles upperClub Administrator may determine not to correct the alleged error or mistake. If Miles upperClub Administrator completes the investigation of the alleged error or mistake and notifies Users of the determination, Miles upperClub Administrator has no further responsibilities should User later reassert the same alleged error or mistake. All questions or disputes regarding upperClub, including eligibility, earning points, or redemption of points for Rewards, will be resolved by the Miles upperClub administration at their sole discretion.

If User contacts Miles upperClub Administrator via a mobile device, User wireless provider’s message and data rates may apply and User is responsible for any such charges from wireless provider.

Miles upperClub CANCELLATION

Users can cancel Miles upperClubat any time by contacting the Miles upperClub Administrator via the mobile application. The positive REWARD balance in the Miles upperClub Account will be forfeited. The card on file card network or the Issuer cannot cancel the Miles upperClub program.

Miles upperClub TERMS AND CONDITIONS DISCLAIMERS AND LIMITATIONS

Miles upperClub Administrator will notify Users of any material changes to the Miles upperClub Terms and Conditions and, unless User decides to terminate the Miles upperClub, User will be bound by the revised terms and conditions.

Miles Card

Miles is not a credit card, a debit or a prepaid card. Miles is a hybrid card that offers the freedom to combine multiple global currencies, rewards, and all your credit, debit and Usership cards in one.

The Miles Visa Card is issued by Stripe pursuant to a license from Visa Inc and may be used everywhere Visa is accepted. Stripe is the Card Network principal issuing member(s) that participates in the Program, currently Regions Bank, an Alabama FDIC-insured state bank.

Banking services are provided by Metropolitan Commercial Bank, Member FDIC, and are subject to the terms of a Cardholder Agreement. “Metropolitan Commercial Bank” and “Metropolitan” are registered trademarks of Metropolitan Commercial Bank© 2014.

UpperClub Inc. is a technology services providers and administrators of the card program under the agreement with stripe and issuer.

MILES UPPERCLUB GENERAL CONDITIONS

novae Care & Connect Inc. / upperClub Inc. will provide the benefits described in this terms & conditions as a result of acquiring Miles upperClub. The subscriber's agreement is subject to all the terms, conditions, provisions and exclusions of this document, including the declaration, and all documentary evidence, benefits chart and / or endorsements attached hereto.

novae Care & Connect Inc. / upperClub Inc. complying with the legal provisions, has acquired insurance policies where it acts as insured and beneficiary, with the faculty to transfer the coverage and benefits to the holders of its Usership, as well as as to all those people linked to their service plans.

Therefore, all communications, notifications, payment requirements and services included in this document will be directly transmitted and addressed through novae Care & Connect Inc./upperClub Inc.

Taking into account everything described above and for the purposes of this document it will be understood novae Care & Connect Inc./upperClub Inc. will act as policyholder / insured and to such extent will transfer all protections and benefits to related persons to its service plans.

Miles upperClub, provided by novae Care & Connect Inc. / upperClub Inc. as the Master Policyholder with address in 55 NE 5th Ave, Suite 501, Boca Raton, FL 33432 USA, enables the Coverage Benefits described in the following section. Miles upperClub is underwritten 100% by Canopius, 4444 Syndicate at Lloyds, with unique market reference as B0524CSP18XXX6195.

The Florida Surplus Lines Agent is Betsy L. Brougher with Licence # P037090 and located at 212 W 10th St. #C400, Indianapolis, Indiana 46220.

CHOICE OF LAW & JURISDICTION: This contract of Insurance shall be governed by and construed in accordance with the law of the United States of America and each party agrees to submit to the exclusive jurisdiction of the courts of the United States of America as LMA 5020 Service of Suit Clause and LMA5021 Applicable Law (USA)

Benefits are subject to all of the following:

• All terms, conditions, provisions and exclusions of this document, including any applicable Exhibits, Schedules, and/or Endorsements.
• Current subscription to the Miles upperClub 'App'.
• Any enrollment associated fees, if applicable.

new Trips taken after the coverage start date that the User has been advised are covered.

Words and terms in bold title case (other than those in titles and headings) shall have the meanings stated in Part VII - Definitions.

ClickHelpNet, LLC has been appointed as the Claims Administrator. All communications, notices and payment of claims required under this cover shall be transmitted to and from the Covered Person through the Claims Administrator.

DATE OF VALIDITY OF THE COVERAGE FOR A COVERED PERSON

The coverage comes into effect at the time the Covered Person leaves their Country of Origin.

TERRITORIAL VALIDITY

The protections and benefits provided by novae Care & Connect Inc. / upperClub Inc. will be valid outside of the holder's country of residence, subject to product conditions.

TERMINATION DATE OF COVERAGE

Termination Date of Coverage for a Covered Person - Coverage ends on the earliest of the following:

• The moment the Covered Person returns to their Home Country, or
• 11:59 pm on the 120th day following the date the Covered Person departs his or her Home Country, or
• 11:59 pm on the last day of the Usership Period, or
• The date the Covered Person no longer meets the Eligibility requirements stated herein

FALSIFICATION AND FRAUD

Any false statement, reluctance, concealment of truth or fraud in relation to any claim, or if any method or device is used by the owner or by any person acting on behalf of him, this service program will be null and void and all the claims submitted under it will be rejected.

PROOF OF CLAIM

• The Miles upperClub partner must communicate through alle, our interactive contact tool, to present the required documentation / Statements.
• Payment of Claims: All benefits payable shall be paid to the Covered Person or, in case of death, to their respective assets.
• False Statement and Fraud: Coverage of a Covered Person will be null and void if, before or after a loss, it has concealed or misrepresented any significant fact or circumstance concerning the coverage or its purpose, or the interest the Covered Person has in she, or if the Covered Person commits fraud or gives false testimony in relation to the foregoing.

PROOF OF CLAIMARBITRATIONIf any difference arises over the amount payable under this coverage (if liability is otherwise admitted), this difference should be referred to arbitration, according to the procedures of the London Court of International Arbitration. When any difference is derived to arbitration under this provision, any award shall be considered a condition precedent to any right of action against the Claims Administrator.

EXTINCTIVE TERMThe obligations arising from the contract expire 180 days after the end of their temporary validity in the event of coverage in international travel.

SUBROGATIONThe Covered Person undertakes to cooperate with the Claims Administrator in the prosecution of any and all valid claims they may have against third parties arising out of any occurrence which results or may result in a loss payment by the Claims Administrator and to account for any amounts recovered on the basis that the Claims Administrator shall be entitled to recover first in full any sums paid by them before the Covered Person shares in any amount so recovered. Should the Covered Person fail to prosecute any valid claims against third parties and the Claims Administrator thereupon become liable to make payment under this cover, then the Claims Administrator shall be subrogated to all rights of the Covered Person. Any amount recovered by the Claims Administrator shall be used to pay the expenses of collection and reimbursement ofMiles upperClubfor any amount that it may have paid or become liable to pay under this cover. Any remaining amounts shall be paid to the Covered Person.

RIGHT OF RECOVERY

In the event of overpayment of any claim hereunder because:

• All or some of the expenses were not paid for by or on behalf of the Covered Person or were subsequently recovered by or on behalf of the Covered Person; or
• Any Relative of the Covered Person, whether or not that person is or was a Covered Person, is repaid for all or some of those expenses by a source other than Miles upperClub; or
• All or some of the expenses were not Eligible Expenses; or

• All or some of the expenses were paid or reimbursed based on incorrect Benefit application, then the Claims Administrator has the right to recover the amount of overpayment from the Covered Person and/or the Hospital, Physician or other Medical Provider of services or supplies. The amount of the recovery is the difference between:

  • The amount of expenses actually paid by the Claims Administrator; and
  • The amount of benefits which should have been paid by the Claims Administrator.

  If the Covered Person or the Hospital, Physician or other Medical Provider of services or supplies does not promptly make any such refund to the Claims Administrator, the Claims Administrator may, in addition to any other remedies available to them, either: (i). reduce the amount of any future claim that is otherwise eligible for payment hereunder, to the full extent of the refund due the Claims Administrator; or (ii) cancel the coverage provided to the Covered Person hereunder by giving thirty (30) days advance written notice in accordance with the Notice provision herein.

Doctor Help

Within the services provided by novae Care & Connect Inc / upperClub Inc. in its developments is the assistance service provided by the doctor help system, so below we expose the terms and conditions operating in particular for said service.

USE

novae Care & Connect Inc. / upperClub Inc. ("doctor help" or "we") operates the system called doctor help that is found in mobile applications ("Sites") with links to these terms of use. We offer online health assistance services and mobile devices (the "Services") that allow our partners ("Partners") around the world to report their health history and request medical assistance from health professionals ("Providers") to obtain services and medical assistance (" Services ").

By accessing and using the service, you agree to be bound by these terms and conditions and all other terms and policies that appear on the sites. If you do not wish to be bound by any of these conditions of use, you may not use the sites or the services.

Doctor Help SERVICES

All the providers that provide services through doctor help are independent professionals exclusively responsible for the services that each one provides. doctor help does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other profession with a provider's treatment license, each of which is responsible for their services and compliance with applicable requirements and according to the license. Neither doctor help nor any third party that promotes the services or provides you with this service will be responsible for any professional advice you obtain from a treatment provider through the Services.

THE CONTENT

INFORMED CONSENT

• The services included in doctor help correspond to the provision of health care services using interactive audio and video technology, in which the patient and the health professional are not in the same physical location of the applicant. During the service consultation with a treatment provider, the details of your health history and personal medical information may be discussed with you through the use of interactive video, audio or other telecommunications technology and your treatment provider who may practice a physical examination through these technologies.

• The services you receive from providers are not intended to replace a primary or permanent medical relationship. It is possible to form an ongoing treatment relationship with some treating providers. However, your initial visit with a treatment provider will begin as a consultation (for example, to determine the most appropriate treatment setting for you to receive care) and does not necessarily result in a continuing treatment relationship. You should seek Emergency help, or when recommended by a treatment provider, or when otherwise necessary follow-up care, and consult with your primary care physician and other health professionals as recommended.

  We can arrange for follow-up care, either through doctor help or another means. You will have direct access to customer services to track reactions to medications, side effects or other adverse events. Among the benefits of our services are the best access to health and comfort professionals using the technological means available for this purpose. However, as with any health service, there are potential risks associated with the use of the services. These risks include, but are not limited to:

  • In rare cases, the information transmitted may not be sufficient (for example, due to poor image resolution) to allow for appropriate health care decision making by the treatment provider.
  • Delays in evaluation or treatment could occur due to failures of electronic equipment. If this happens, you can be contacted by phone or other means of communication.
  • In rare cases, the lack of access to all your health records may result in adverse pharmacological effects or allergic reactions or other errors of judgment.
  • Although the electronic systems we use will incorporate network protocols and software security to protect the privacy and security of health information, in rare cases, security protocols could fail, causing a violation of the personal medical information privacy.

• By accepting these conditions of use, it is acknowledged that you understand and agree with the following:

  • You understand that it is possible to expect the anticipated benefits of using the services in your care, but that the results can not be guaranteed or insured.
  • You understand that the laws that protect the privacy and security of health information apply to services, and you have received notification from doctor help about privacy practices. Electronic communications are directed to your provider (s) in the treatment and their supervision through a secure encrypted video interface and electronic medical record.
  • If the coverage of your Usership does not include or is not sufficient to cover the service expenses in full, you may be totally or partially responsible for the payment.
  • Your treatment provider may determine that the services are not appropriate for all or some of your treatment needs, and may therefore deny the provision of services to those through the Sites.

• You also have the ability to send written notes to therapists or other treatment or customer support providers using a secure messaging portal on the sites.

  The messages you send through the sites can be viewed by more than one agent or customer care and treatment provider and will normally be answered within 48 hours.

  You should not rely on the messaging of the sites if you need immediate attention from a treatment provider or other health professional. If you are experiencing a medical Emergency, you should call the regular local Emergency line or go to the nearest Emergency room.

  You understand and accept that messaging treatment with providers through the messaging portal does not result in a doctor-patient relationship, and does not on its own to treatment, diagnosis, therapy or medical advice.

MEDICAL PRIVACY

novae Care & Connect Inc./upperClub Inc., through doctor help, is required to comply with the privacy and health safety laws and maintain the information safeguarded to protect the security of your medical information. In addition, the information you provide to your treatment provider at the medical consultation or therapy session is legally confidential, except for certain legal exceptions.

We dedicate considerable effort to ensure that your personal information is secure. The use of other personal health information is provided in our Privacy Policy.

As part of providing you with the services, we may have to offer you certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the services and your account. While secure electronic messaging is always preferred to unsafe email, under certain circumstances, email communication with personal information may take place between you and doctor help. novae Care & Connect Inc. / upperClubInc. can not guarantee the security or confidentiality of messages sent via email. Information regarding your care, including clinical notes and medical records, is stored on secure servers, encrypted and maintained by the administrator.

USE OF SERVICES FOR MINORS

The services provided by novae Care & Connect Inc. / upperClub Inc. are available for use by minors, however the User, for all users under the age of 18 must be the parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for compliance with these terms of use.

RIGHTS OF ACCESS

We hereby grant you a non-exclusive, limited, non-transferable right to access the applications and use the Services solely for your non-commercial personal use and only as set forth in these terms and conditions and any separate agreement you may have contracted. with us ("Access rights").

We reserve the right, at our sole discretion, to deny or suspend the use of the Sites or the Services for any person for any reason. You agree that you will not, and will not try to:

(A) impersonate another person or entity, or otherwise forge your association to any person or entity;

(B) use the Site or the Services to violate any local state, national or international law;

(C) reverse engineer, disassemble, decompile or translate any software or other components of the Site or the Services;

(D) distribute viruses or any other harmful computer code through the Site or

(E) otherwise use the services or the Sites and in no way exceed the scope of use previously granted.

In addition, it undertakes to abstain from abusive language when communicating with the providers through the modules and to refrain from contacting the service providers outside the application modules. novae Care & Connect Inc. / upperClubInc. is not responsible for any interaction with suppliers that is not carried out through the established media.

MODIFICATIONS

We reserve the right to change, add or remove portions of these terms and conditions at any time. Your continued use of the sites and / or Services following notification of such changes will indicate that you acknowledge such changes and agree to be bound by the revised Terms and Conditions, including such changes.

LIMITATION OF WARRANTY

You expressly agree that: USE OR SERVICES ARE AT YOUR OWN RISK. BOTH, the sites and services are provided "AS IS" AND "AS AVAILABLE". novae Care & Connect Inc. t/a Miles upperClubInc. EXPRESSES ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERATING , CONDITION, ENJOYMENT AND VALUE, ACCURACY OF DATA AND SYSTEM OF INTEGRATION.

You acknowledge and agree novae Care & Connect Inc./upperClub Inc. does not provide medical advice, diagnosis or treatment, and is strictly a technology and infrastructure platform for connecting users with providers of goods, services or treatment, including physicians and other providers in the novae Care & Connect Inc./ upperClub Inc.

You acknowledge and agree that the treating providers using the sites are solely responsible and will have full authority, responsibility, supervision and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional care services, and that all diagnoses, treatments, procedures and other professional medical care services that will be identified and carried out only by or under the supervision of the treating providers, at their discretion, that they deem appropriate.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL novae Care & Connect Inc. / upperClub Inc. or its officers, employees, directors, matrices, subsidiaries, affiliates, agents or licensees BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME, PROFITS, CUSTOMER, USE, DATA OR OTHER INTANGIBLE LOSS FROM OR RELATED TO THE USE OF THE SITE OR THE SERVICES, regardless of whether such damages are based on in contract, tort (including negligence and strict liability), guarantee, LAW OR OTHER. To the extent that, perhaps, as a matter of applicable law, we deny any implied warranties or limit your liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

COMPENSATION

You agree to indemnify, defend and hold novae Care & Connect Inc. / upperClub Inc. and doctor help understood as a product of novae Care & Connect Inc. / upperClubInc. free of liability and its executives, directors, employees, agents, subsidiaries, affiliates, licensees and suppliers, of and against any claim, actions, demands, responsibilities and settlements, including, without limitation, legal costs and accounting expenses ("Claims"), as a result of, or that are allegedly the result of, your violation of these terms and conditions. In addition, it undertakes to indemnify, defend and hold harmless its supplier (s) against any claim by third parties arising from the lack of adherence to the advice or recommendation (s) of said treatment provider.

GEOGRAPHICAL RESTRICTIONS

novae Care & Connect Inc. / upperClub Inc. does not guarantee that all products, services and / or material described, or services available through the Miles upperClubapplication are appropriate or available for use in some locations.

DISCLOSURES OF Doctor Help

All medical personnel involved in Miles upperClub have professional licenses issued by the professional licensing boards in the places where they practice, with the title of doctor of medicine and have received post-doctoral training. You can report a complaint regarding the services provided by a treatment provider by contacting the professional licensing board at the place where the services were received. In a professional relationship, sexual intimacy is never appropriate and the board must be informed that the licenses, registrations, or certification of the licensee.

OTHERS

It is your understanding that by accepting these terms and conditions and / or any other form that is presented to you, you accept these terms and that such action constitutes a legal signature.

You agree that we may send notices, accesses, or communications related to the services (collectively, "Communications") through electronic means, including, but not limited to: (1) by email, using the address you provide during registration, or (2) by posting communications on the Sites and also direct notifications to the application.

The delivery of any of our Communications is effective when it is sent by us, regardless of whether it is read and accepted once received. You may withdraw your consent to receive communications by canceling or suspending the use of the Services.

No waiver of any term or condition set forth in these terms and conditions shall be deemed a subsequent or continued waiver of such terms or conditions or a waiver of any other term or condition, and the fact that the Company may protect a right or provision in under these Terms and Conditions.

If any provision of these terms and conditions are considered by a competent court as invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the conditions of use will continue in full effect.

novae Care & Connect Inc. / upperClubInc. devotes considerable effort to the optimization of signal strength and diagnostic deficiencies, but is not responsible for the Internet or bandwidth and signal data of your device.

Report any violation of these Terms and Conditions through the established contact means. If you believe in good faith that the materials that appear on these sites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it. In addition, if you believe in good faith that a notice of copyright violation has been improperly filed against you, you may send a response notice. Notices and counter-notices must comply with the mandatory requirements established by law.

MILES UPPERCLUB BENEFITS SCOPE

Eligibility - The following individuals are eligible for Benefits under this cover for up to 120 days maximum per Trip:

• Individuals who hold valid extensions of Corporate or Business cards issued by Miles upperClub and have joined the Miles upperClub program when a loss occurs

• Individual cardholders who have active cards and have joined the Miles upperClub program when a loss occurs; and the following:

  • Their Eligible Spouse; and
  • Their Dependent Child(ren) who are at least 14 days old; and
  • Their Dependent Parents each of which is a Covered Person.

Usership Period- This cover becomes effective and terminates on the dates and at the times advised to the User by email. This cover can be renewed for subsequent periods subject to agreement of upperClub. This cover can be cancelled by the User by giving not less than 60 days advance written notice to Miles upperClub at the start of this Evidence of Cover. This cover can be cancelled by Miles upperClub by giving not less than 60 days advance written notice to the User. In the event this cover is so cancelled by either party, or is not renewed at any anniversary, coverage with respect to Miles upperClubCovered Persons shall terminate as of the date of cancellation or non-renewal. Notwithstanding the forgoing, Miles upperClub may cancel this cover any time in accordance with Part VI, General Conditions and Conditions Precedent, of this cover.

Effective Date of Coverage for a Covered Person- Coverage becomes effective on the moment the Covered Person departs from their Home Country.

Termination Date of Coverage for a Covered Person- Coverage ends on the earliest of the following:

• The moment the Covered Person returns to their Home Country, or
• 11:59 pm on the 120th day following the date the Covered Person departs his or her Home Country, or
• 11:59 pm on the last day of the Usership Period, or
• The date the Covered Person no longer meets the Eligibility requirements stated herein.

STAY CARE BENEFITS

Subject to the Deductible and Limits stated in the Schedule of benefits and Limits, Miles upperClub will pay the following expenses incurred by a Covered Person during a covered Trip:

• Charges made by a Hospital for:

  • daily room and board and nursing services not to exceed the Hospital's average semi-private room rate; and
  • daily room and board and nursing services in Intensive Care Unit; and
  • use of operating, treatment or recovery room; and services and supplies which are routinely provided by the Hospital to persons for use while Inpatients, with the exception of personal services and supplies of a non-medical nature; and
  • Emergency Room treatment of an Injury due to an Accident; and
  • Emergency Room treatment of an Illness resulting in admission to the Hospital as an Inpatient for further treatment of that Illness; and
  • Emergency Room treatment of an Illness which does not result in admission to the Hospital as an Inpatient, if non-Emergency Room care was not available due to the time or location of the Covered Person at the onset of symptoms.

• For Surgery at an Outpatient Surgical facility, including services and supplies.

• For charges made by a Physician for professional services, including Surgery. Charges for an assistant surgeon are covered up to 20% of the Usual, Reasonable and Customary charge of the primary surgeon, but standby availability will not be deemed a professional service and therefore is not covered hereunder. Professional charges for providing a Second Medical Opinion are covered, including reasonable expenses for compilation of documentation, official translations, shipment of documents and verification of clinical history.

• For dressings, sutures, casts or other supplies which are Medically Necessary and administered by or under the supervision of a Physician, but excluding nebulizers, oxygen tanks, diabetic supplies, other supplies for use or application at home, and all devices or supplies for repeat use at home, exceptDurable Medical Equipment as herein defined.

• For diagnostic testing using radiology, ultrasonographic or laboratory services (psychometric, intelligence, behavioral and educational testing are not included).

• For reconstructive Surgery that takes place while this coverage is in effect when the reconstructive Surgery is directly related to an Accident which also takes place while this coverage is in effect.

• For hemodialysis and the charges by the Hospital for processing and administration of blood or blood components but not the cost of the actual blood or blood components.

• For oxygen and other gasses and their administration by or under the supervision of a Physician.

• For anesthetics and their administration by a Physician or anesthetist.

• For drugs which require prescription by a Physician for treatment of a covered Injury or Illness, but not for the replacement of lost, stolen, damaged, expired or otherwise compromised drugs, subject to a maximum supply of thirty (30) days per prescription and the Limit stated in the Schedule of benefits and Limits.

• For care in a licensed Extended Care Facility upon direct transfer from an acute care Hospital.

• Home Nursing Care in bed by a qualified licensed professional, provided by a Home Health Care Agency upon direct transfer from an acute care Hospital and only in lieu of Medically Necessary Inpatient hospitalization.

• Emergency Local Ambulance transport necessarily incurred in connection with Injury or Illnessresulting in Inpatient hospitalization.

• Dental Treatment necessary to restore or replace sound natural teeth lost or damaged in an Accidentwhich was covered under this cover, up to the Limit stated in the Schedule of Benefits and Limits.

• Dental Treatment necessary to resolve sudden onset of acute pain, up to the Limit stated in the Schedule of Benefits and Limits.

• Medically Necessary rental of Durable Medical Equipment (consisting of a standard basic Hospital bed and or a standard basic wheelchair) up to the purchase prices.

• Physical therapy by a licensed physiotherapist necessarily incurred to continue recovery from a covered Injury or Illness. Such physical therapy must be prescribed by a Physician who is not affiliated with the physiotherapy practice performing the physical therapy.

• Emergency Medical Evacuation: Subject to the Conditions and Restrictions contained in this provision,Miles upperClubwill pay the following expenses arising out of Emergency Medical Evacuation, provided such expenses are approved in advance and arranged by Miles upperClub:

  • Emergency air transportation to a suitable airport nearest to the Hospital where the Covered Person will receive treatment; and
  • Emergency ground transportation necessarily preceding Emergency air transportation; and from the destination airport to the Hospital where the Covered Person will receive treatment.
  • he cost of an economy one-way air and/or ground transportation ticket for the Covered Person from the area where the Covered Person was hospitalized following an EmergencyMedical Evacuation to the area where the Covered Person was initially evacuated from, or to the terminal serving the area of the Covered Person's Principal Residence.

  Conditions and Restrictions:

  • Miles upperClubwill provide Emergency Medical Evacuation Benefits only when the Illness or Injurygiving rise to the Emergency Medical Evacuation is covered under this cover; and
  • Miles upperClubwill provide Emergency Medical Evacuation Benefits only when all of the following conditions are met:
    • Medically Necessary treatment, services and supplies cannot be provided locally; and
    • transportation by any other method would result in loss of the Covered Person's life or
    • loss of limb that could give rise to the loss of the Covered Person's life; and
    • recommended by the attending Physician who certifies to the above; and
    • agreed upon by the Covered Person or a Relative of the Covered Person;
    • the condition giving rise to the Emergency Medical Evacuation occurred spontaneously and without advance warning, either in the form of Physician recommendation or symptoms which would have caused a prudent person to seek medical attention prior to the onset of the Emergency.
  • Miles upperClubwill provide Emergency Medical Evacuation only to the nearest Hospital that is qualified to provide the Medically Necessary treatment, services and supplies to prevent the Covered Person's loss of life or loss of limb that could give rise to the loss of the Covered Person'slife.
  • Miles upperClubwill use their best efforts to arrange any Emergency Medical Evacuation within the least amount of time possible. The Covered Person understands that the timeliness of EmergencyMedical Evacuation can be affected by circumstances which are not within the control of Miles upperClub Including but not limited to availability of transportation equipment and staff, delays or restrictions on flights caused by mechanical problems, government officials, telecommunications problems and weather. The Covered Person agrees to hold upperClubharmless and Miles upperClub shall not be held liable for any delays that are not within their direct and immediate control. Notwithstanding the foregoing items B. i.-v. and C., Miles upperClub will pay for expenses to return the Covered Person o their Home Country if the attending Physician, the Covered Person and Miles upperClub(or their duly appointed medical consultant) agree that transfer to the Home Country is more appropriate than transfer to the nearest qualified Hospital.

• Reunion - Miles upperClub will pay the following Reunion expenses in the event the Covered Person is hospitalized or is expected to be hospitalized as an Inpatient for more than 10 days, provided such expenses are approved in advance and arranged by upperClub:

  • The cost of an economy round-trip air or ground transportation ticket for one Relative of the Covered Person for transportation to the terminal serving the area where the Covered Person is hospitalized or is expected to be hospitalized; and
  • 2. Reasonable expenses for lodging and meals for the Relative, which are incurred in the area where the Covered Person is hospitalized for a period not to exceed fifteen (15) days.

• Repatriation of Mortal Remains - Subject to the Conditions and Restrictions contained in this provision, Miles upperClub will pay the following Repatriation of Remains expenses arising from the death of a Covered Person, provided such expenses are approved in advance and arranged by Miles upperClub:

  • Air or ground transportation of bodily remains or ashes to the airport or ground transportation terminal nearest to the Principal Residence of the deceased Covered Person; and
  • Reasonable costs of preparation of the remains necessary for transportation. Conditions and Restrictions:
  • Miles upperClub will provide Repatriation of Mortal Remains Benefits only when the death of the Covered Person occurs as a result of an Injury or Illness that is covered under this cover; and
  • Miles upperClub will provide Repatriation of Mortal Remains Benefits only when the death of the Covered Person occurs outside the Covered Person's Home Country and while this coverage is in effect; and
  • Miles upperClub will use their best efforts to arrange any Repatriation of Mortal Remains Benefitswithin the least amount of time possible The Covered Person, understands that the timeliness of Repatriation of Mortal Remains can be affected by circumstances which are not within the control of Miles upperClub Including but not limited to local customs, availability of transportation equipment and staff, delays or restrictions on flights caused by mechanical problems, government officials, telecommunications problems and weather. The Covered Person, and their heirs, agree to hold Miles upperClubharmless and Miles upperClub shall not be held liable for any delays which are not within their direct and immediate control. Further, Miles upperClub are held harmless and shall not be held liable for loss of or any damage or other impairment to bodily remains incurred during the Repatriation or Mortal Remains process or otherwise.

• Return of Minor Child(ren) - Subject to the Conditions and Restrictions contained in this provision,Miles upperClub will pay the following Return of Minor Child(ren) expenses following a covered Inpatient hospitalization of a Covered Person which results in the minor child(ren) being left unattended, provided such expenses are approved in advance and arranged by Miles upperClub:

  • The cost of an economy one-way air or ground transportation ticket for each minor child under age 15 who is traveling with the Covered Person, for transportation to the terminal serving the area where the minor child(ren) permanently reside(s), less credit for the unused portion of the original ticket purchased for the minor child(ren); and
  • A chaperone, if necessary for the safety of the minor child(ren). Conditions and Restrictions:
    • The Covered Person must be traveling alone with the minor child(ren) who would otherwise be left unattended upon the hospitalization of the Covered Person; and
    • Miles upperClub will use their best efforts to arrange any Return of Minor Child(ren) Benefit within the least amount of time possible. The Covered Person understands that the timeliness of the Return of Minor Child(ren) can be affected by circumstances which are not within the control of Miles upperClub Including but not limited to availability of transportation equipment and staff, delays or restrictions on flights caused by mechanical problems, government officials, telecommunications problems and weather. The Covered Person agrees to hold upperClub harmless and Miles upperClub shall not be held liable for any delays that are not within their direct and immediate control. The Covered Person understands that the safety of minor child(ren) before, during and after transportation is Miles upperClub highest priority; however, the Covered Personagrees to hold Miles upperClub harmless and Miles upperClubshall not be held liable for Injury or Illness of the minor child(ren) which occurs during or results from the Return of Minor Child(ren) Benefit.

FLYCARE BENEFITS

Trip and Luggage

Subject to the Deductible and Limits stated in the Schedule of Benefits and Limits, Miles upperClub will pay the following expenses incurred by a Covered Person during a covered Trip:

• Trip Interruption – Miles upperClub will pay the following Trip Interruption expenses if, during a covered Trip there is an unexpected death of the Covered Person's travel companion or immediate family User (Eligible Spouse, child, parent or sibling), provided such expenses are approved in advance and arranged by upperClub:
  • The cost of a one-way air or ground transportation ticket of the same class as the unused travel ticket, less the value of the unused return ticket, for the Covered Person.
• Trip Cancellation - Miles upperClub will pay for unused non-refundable prepaid expenses for travel transportation and accommodation up to $2,000 or the cost of the Covered Person’s paid airline ticket, whichever is less, whenever the Covered Person is prevented from taking a Scheduled Trip for any of the following reasons that occur after the start of the period:
  • Specified Illness, Injury or death of the Covered Person, their traveling companion, business partner or Family User of either the Covered Person or [Office1] their traveling companion that results in medically imposed restrictions as certified by a legally qualified Physician at the time of loss, preventing the Covered Person’s continued participation in the Scheduled Trip.
  • Weather that causes complete cessation of services of the Covered Person’s common carrier for at least 48 consecutive hours.
  • Employer termination or layoff affecting the Covered Person or a person sharing the same room. Employment must have been with the same employer for at least three continuous years.
  • Terrorism. The Act of Terrorism must occur in a city listed on the Covered Person’s itinerary within 30 days prior to the scheduled departure date. This same city must not have experienced an Act of Terrorism within the 90 days prior to the Act of Terrorism, which is causing the Covered Person’s cancellation. benefits are not provided if the Covered Person’s travel supplier offers a substitute itinerary.
  • Hijack, quarantine, jury duty or court ordered appearance as a witness in a legal action in which the Covered Person or their traveling companion are not a party (except law enforcement officers).
  • Primary residence of the Covered Person or their traveling companion is rendered uninhabitable due to unforeseen circumstances.
  • Traffic accident directly involving either the Covered Person or their traveling companion, substantiated by a police report, while en route to a scheduled departure point.
  • If the Covered Person’s travel supplier cancels their Scheduled Trip, the Covered Person will receive up to USD 75 for the reissue fee charged by the airline for their tickets. The Covered Person must cover the full cost of the trip.

  Miles upperClubwill also pay up to $2,000 or 75%, whichever is less, for unused non-refundable prepaid expenses for travel transportation and accommodation or the cost of the Covered Person’s paid airline ticket if the Covered Person chooses not to take a Scheduled Trip for any other reason that occurs during the Usership Period.

  Conditions and Restrictions:

  • All cancellations must be reported to the travel supplier and to the Claims Administrator within 72 hours of the event causing the need to cancel or the day of departure. If the event delays the reporting of the cancellation beyond the 72 hours, report the event as soon as possible.

• Trip Interruption – If the Covered Person is prevented from completing a Scheduled Trip for any of the reasons listed under the Trip Cancellation section above that occurs after the start of the Usership Period and after the departure date of the Scheduled Trip, the Covered Person is eligible up to $2,000 for:
  • Any unused non-refundable prepaid expenses for travel Arrangements;
  • Return air: One-way Transportation to return to Your original destination or rejoin Your trip less the value of the original unused return travel ticket;
  • Accommodations and transportation expenses for up to US$ 150 per day for 10 additional days when a Traveling Companion must remain hospitalized or an Injury or Illness not requiring hospitalization prevents You from continuing travel and You must extend Your trip with additional hotel nights due to medically imposed restrictions on a Traveling Companion as certified by a Legally Qualified Physician.
  • Single supplement upgrade - the Covered Person is eligible for benefits when their traveling companion cancels or interrupts a trip for a specified reason and the Covered Person does not.
• Trip Cancellation by the Airline - In case the contracted airline cancels the Covered Person’s flight, they will be re-booked or given a credit for the value of the compensation up to 100% of the penalty and / or fare difference or a new ticket.
• International Connection Loss - If the Covered Person loses their international connection flight, they will be placed on another flight with the same conditions as the initial flight.
• Delayed Flight - If the Covered Person’s international connection flight is delayed for more than 6 hours, they will be re-booked or a credit will be
• Lost Baggage - If the Covered Person’s luggage is delayed or confirmed lost, they will receive the value of the compensation up to $3,000 upon receipt of the certification provided by the airline.
• Common Carrier Accidental Death - Miles upperClubwill pay the amount stated in the Schedule of benefits and Limits only when all of the following apply:
  • the death of the Covered Person occurs as a result of a Common Carrier Accident
  • the death occurs within 90 days of the Accident
  • the Accident occurs while the Covered Person is on a Trip
  • the Accident occurs outside the Covered Person’s Home Country.

Emergency Medical Evacuation

Subject to the Deductible and Limits stated in the Schedule of benefits and Limits, Miles upperClub will pay the following expenses incurred by a Covered Person during a covered Trip:

• Any Evacuation costs as a result of an Emergency Political Evacuation including:

  • Any Transportation costs by air and/or land and/or sea.
  • The fees and expenses of the Consultant
  • Any reasonable and necessary Additional Expenses incurred during and following and an Enforced Political Evacuation by a Covered Person
• Emergency accommodation/subsistence costs.
• The cost of security equipment deemed necessary by the Consultant(s) which is used solely and directly as a result of an Enforced Political Evacuation.

The cost of a qualified interpreter to assist the Covered Person in connection with Enforced Political Evacuation

Conditions and Restrictions:

Authorization Requirements - To comply with the Authorization Requirements, the Covered Person must:

• Contact the Claims Administrator at the telephone number at the start of this Evidence of Cover as soon as possible before the expense is to be incurred; and
• Comply with the instructions of the Claims Administrator and submit any information or documents they require.

If the Covered Person complies with the Authorization Requirements, and the expenses are authorized,Miles upperClub will pay Benefits, subject to all terms, conditions, provisions and exclusions herein. If the Covered Person does not comply with the Authorization Requirements or if the expenses are not authorized, all Benefits hereunder are forfeited.

In the event of an Enforced Political Evacuation, authorization must be made within 48 hours, or as soon as is reasonably possible but no later than one week thereafter.

The fact that expenses are authorized does not guarantee either payment of benefits or the amount of Benefits. Eligibility for and payment of Benefits are subject to all the terms, conditions, provisions and exclusions herein.

OTHER BENEFITS

Subject to the Deductible and Limits stated in the Schedule of benefits and Limits, Miles upperClubwill pay the following losses incurred by a Covered Person during a covered Trip:

• Personal Property / Gadget Coverage

  Up to the amount stated for the value of, or repair to, any of the Covered Person’s Gadgets (not hired, loaned or entrusted to the Covered Person) purchased with the card associated with the upperClubplatform, which are lost stolen, damaged or destroyed. Cover is provided based on the amount the Covered Person) paid for the Gadget(s) or the current recommended retail price whichever is the lower, excluding any credit charges, interest charges or coverage costs and allowing for wear, tear and depreciation.

  At Miles upperClub discretion, Miles upperClub may replace the Gadget with a refurbished item from one ofMiles upperClub dedicated suppliers.

  Conditions and Restrictions:

  • Miles upperClubwill not cover gadgets which are:
    • left in an Unattended vehicle (other than a motor home, provided the gadgets are stored out of view), or
    • within checked-in luggage or in luggage compartments/racks not immediately adjacent to the Covered Person on any form of Public Transport (other than hand luggage that stays with the Covered Person at all times).
• Mobile Banking App Coverage

  Miles upperClubwill indemnify the User for financial loss arising out of the unauthorized use of the Users Mobile Banking App associated with the Miles upperClubplatform, following loss or theft of the Mobile Device, providing that the loss occurs within the 24 hours prior to and the 168 hours after the User notifies the Bank of the loss or theft of the Mobile Device. Any loss must occur during a covered Trip.

  Conditions and Restrictions:

  • This Indemnity is limited to two claims per User per annum.
  • Coverage is excess of any other applicable coverage or indemnity the User may have.
  • Notification of Claims; claims must be notified to the appointed Third-Party Administrator within 45 days.
  • Claims Forms; The Claims Administrator, upon receipt of a notice of claim, will furnish to the Account holder the necessary forms for filing proof of loss.
  • Proof of Loss; Written proof of loss including any required information necessary to support a claim must be furnished to the Claims Administrator at its said location within ninety (90) days after the date of the incident. For “Covered transaction” claims, the Account holder must complete the claim form and attach all requested documentation, including a legible copy of the bank account statement.
  • App Download; The Mobile Banking App must be the main mobile application that the Bank or Financial Institution provides for account management and payments and must be downloaded from a digital distribution platform or App Store that the Bank or Financial Institution has approved for the distribution of said Mobile Banking App.
  • Time of Payment of Claims; Benefits payable under this cover for any loss will be paid immediately upon receipt of the written proof of such loss and all required information necessary to support the claim. Miles upperClubmay in any claim exercise their rights of subrogation should the perpetrator of the fraud be caught.
  • Payment of Claims; All Benefits payable will be paid to the Covered Person’s or, in the case of death, to the Covered Person’s estate.
  • Misrepresentation and Fraud; Coverage for a Covered Person shall be void if, whether before or after a loss, the Covered Person has concealed or misrepresented any material fact or circumstances concerning this cover or the subject thereof, or the interest of the Covered Person therein, or if the Covered Person commits fraud or false swearing in connection with any of the foregoing.
  • Miles upperClubRight to Recover from Others; If Miles upperClubmake a payment it is entitled to recover such amounts from other parties or persons. Any party or person to or from whom upperClub make a payment must transfer to Miles upperClub his or her rights of recovery against any other party or person. The party or person transferring such must do everything necessary to secure these rights and must do nothing that would jeopardies them.

• Purchase Protection

  Miles upperClubwill indemnify the Covered Person against theft or accidental loss or damage to goods acquired abroad with the Miles upperClub card on file registered, while on the Trip. Cover includes goods given as a gift when stolen or damaged.

  Losses must occur within the first 30 days after purchase. No registration of the purchase is necessary.

  Coverage is excess of any other applicable coverage or indemnity the Cardholder may have.

  Coverage is limited only to those amounts not covered by any other coverage or indemnity, up to the original purchase amount. In no event will this coverage apply as contributing amount. This cover is excess of all other valid and collectable cover including any coverage irrespective of the clauses found in such coverage or indemnity language.

  Conditions and Restrictions:

  • Notification of Claims; claims need to be notified to the Claims Administrator within 45 days.
  • Claims Forms; The Claims Administrator, upon receipt of a notice of claim, will furnish to the Covered Person the necessary forms for filing proof of loss.
  • Proof of Loss; Written proof of loss including any required information necessary to support a claim must be furnished to the Claims Administrator at its said location within ninety (90) days after the date of the incident. The Covered Person must complete the claim form and attach all requested documentation, including a legible copy of the credit card charge slip and/or store receipt and police report or other proof of loss.
  • Time of Payment of Claims; Benefits payable under this program for any loss will be paid immediately upon receipt of the written proof of such loss and all required information necessary to support the claim. Miles upperClub may in any claim for damage recoverable hereunder, require the Covered Person to send the damaged item to the Claim Administrator’s address at the Covered Person’s expense.
  • Payment of Claims; All Benefits payable will be paid to the Covered Person or, in the case of death, to the Covered Person’s estate.
  • Misrepresentation and Fraud; Coverage to a Covered Person shall be void if, whether before or after a loss, the Covered Person has concealed or misrepresented any material fact or circumstances concerning this cover or the subject thereof, or the interest of the Covered Persontherein, or if the Covered Person commits fraud or false swearing in connection with any of the foregoing.
  • Miles upperClubRight to Recover from Others If Miles upperClub make a payment they are entitled to recover such amounts from other parties or persons. Any party or person to or from whom Miles upperClub make a payment must transfer to Miles upperClub his or her rights of recovery against any other party or person. The party or person transferring such must do everything necessary to secure these rights and must do nothing that would jeopardise them.

• Automated Teller Machine (ATM) Robbery

  Miles upperClub will indemnify the Covered Person for loss of cash sustained as a direct result of robbery occurring at or within a set distance of the ATM and within a set time period when such cash has been dispensed using a card issued by a Bank associated with the Miles upperClub platform.

  Conditions and Restrictions:

  • The assault on the Covered Person must occur at or within a distance of 50 meters of the ATM.
  • The assault on the Covered Person must be within 30 minutes of when such cash has been dispensed.
  • The assault must occur during a covered Trip.
  • If the Robbery is effected against a Covered Person by means of threats to the life of, or of bodily injury to any person other than the Cardholder while such person is held against their will at a distance of more than 50 meters from the ATM from which the Cardholder had thereby been forced to make a cash withdrawal, such Robbery shall be deemed to have occurred within 50 meters of such machine.
  • Coverage and reimbursement will be denied if a Loss is caused by or results from any of the following:
    • The Covered Person willingly divulges his or her Personal Identification Number (PIN)
    • The Covered Person does not report the loss to the police within 30 minutes of the occurrence and a written report obtained from them
    • The Covered Person does not report the loss to the Claims Administrator within 24 hours of the occurrence.

CYBER PROTECTION BENEFITS

• THIRD-PARTY INSURING CLAUSES
  • TECHNOLOGY LIABILITY

    The insurer will pay on behalf of the insured all loss in excess of the retention that the insured becomes legally obligated to pay as a result of a claim, first made against the insured during the policy period, arising out of:

    • technology products; or
    • the performance of technology services by the insured or its subcontractors; where the claim is for:
      • civil liability arising from a breach of a written contract; or
      • negligence or breach of a duty to use reasonable skill and care; or
      • negligent misrepresentation or negligent misstatement; or
      • breach of confidence, misuse of information or breach of privacy; or
      • libel, slander, defamation, product disparagement, or malicious falsehood; or
      • passing-off or infringement of copyright, moral right, trademark or design right, plagiarism, piracy, misappropriation of formats, characters, trade names, character names, titles, plots, musical compositions, voices, slogans, graphic materials or artwork; or
      • negligent transmission of a virus or Trojan horse; or
      • denial of service attack

  • MULTIMEDIA LIABILITY

    The insurer will pay on behalf of the insured all loss in excess of the retention that the insured becomes legally obligated to pay as a result of a claim, first made in writing against the insured during the policy period, arising out of the performance of media activities by the insured or its subcontractors where the claim is for:

    • negligence or breach of duty to use reasonable skill and care; or
    • negligent misrepresentation or negligent misstatement; or
    • libel, slander, defamation, product disparagement or trade libel (malicious falsehood); or
    • infringement of copyright, or domain name, or the dilution or infringement of any trademark, service mark, service name or trade name; or
    • plagiarism or piracy; or
    • breach of confidence or misuse of information.

  • SECURITY AND PRIVACY LIABILITY

    The insurer will pay on behalf of the insured all loss in excess of the retention that the insured becomes legally obligated to pay as a result of a claim, first made in writing against the insured during the policy period, arising out of a privacy and security wrongful act by an insured or its subcontractors.

• FIRST-PARTY INSURING CLAUSESThe insurer will provide coverage under these insuring clauses B1 to B10 in excess of the retention and up to the limit of liability provided that the relevant insuring clause has been agreed in the Schedule. Nothing in the following insuring clauses shall increase the aggregate limit of liability.
  • PRIVACY NOTIFICATION AND CRISIS MANAGEMENT COSTS

    The insurer will reimburse the following costs, reasonably incurred by the insured with the insurer’s Cyber Service Provider referred to at item 5 of the Schedule, with the prior written consent of the insurer, as a result of a data breach, network compromise or extortion demand which is first discovered or made against the insured during the policy period:

    • the costs of performing computer forensics to determine the existence, cause, and scope of a network compromise or data breach;
    • legal fees in order to determine the actions necessary to comply with legislation related to the data breach or network compromise;
    • the cost of notifying individuals of the data breach whether or not they are required to be notified pursuant to legislation;
    • the costs of operating a call centre to manage inquiries from individuals potentially affected by the data breach or network compromise;
    • the costs of providing credit or identity monitoring and identity protection for those individuals whose personal data was or may have been affected by the data breach or network compromise;
    • the fees of a public relations or crisis communication firm solely in order to minimise harm to the insured’s reputation.

  • EMERGENCY RESPONSE COSTS

    Where it has not been practicable to seek the insurer’s prior written consent to incur expenses referred to at insuring clause B1 above, the insurer will reimburse the insured for such expenses in respect of reasonable and necessary Emergency payments.

  • EXTORTION DEMANDS

    The insurer will reimburse to the insured any sums paid (if legally permissible) in response to an extortion demand and first made against the insured during the policy period, by a third party or employee which has committed or credibly threatens to commit a network compromise or a data breach provided that prior to the delivery or transfer of funds, the insured receiving such threat:

    • has reported the extortionist’s demand to the police or local law enforcement authorities; and
    • had a reasonable belief that such threat was credible, could cause loss to the insured, and was technologically feasible at the time made.

  • REGULATORY INVESTIGATIONS

    The insurer will pay defence costs and regulatory fines (where insurable by law) arising from a regulatory investigation, but only where the insured is first made aware during the policy period of the intention to hold such investigation.

  • BUSINESS INTERRUPTION

    The insurer will reimburse the insured for loss of profit and operational expenses during the period of restoration directly caused by a network compromise first discovered during the policy period which has:

    • caused a partial or total network interruption; or
    • necessitates a partial or total shutdown in order to prevent further loss.

  • LOSS OF ELECTRONIC DATA

    The insurer will reimburse the reasonable costs, incurred with the prior written consent of the insurer, of updating or restoring the insured’s electronic data from backups which have been destroyed, lost, damaged, or altered as a result of a network compromise which first occurs during the policy period, but only up to the level which existed prior to the network compromise;

  • LOSS OF PHYSICAL DOCUMENTS

    The insurer will reimburse the reasonable cost of replacing or repairing tangible documents negligently destroyed or mislaid or damaged by the insured during the policy period and which belong to clients of the insured and were in the insured’s care, custody or control at the time of the destruction, mislaying or damage.

  • LOSS MITIGATION

    The insurer agrees to pay the reasonable cost necessarily incurred by the insured with the insurer’s prior written consent in respect of measures taken by the insured for the sole purpose of avoiding or mitigating a claim or potential claim which the insured establishes to the insurer’s satisfaction, might otherwise reasonably have been expected to give rise to a loss covered under insuring clauses A1 and A2 if such measures were not taken.

  • PAYMENT OF OUTSTANDING FEES

    If the insured’s client has reasonable grounds for being dissatisfied with the work the insured or its subcontractors have done during the policy period and refuses to pay for some or all of the work and threatens to bring a claim against the insured, the insurer may, in its sole discretion, pay any amount in whole or in part owed to the insured excluding any VAT or other taxes, or profit costs, if, in the insurer’sopinion, this will prevent a claim being made against the insured for a greater amount, which the insurerconsiders might reasonably be expected to give rise to a loss covered under insuring clause A1. Upon payment to the insured, the insured will assign all rights against its client to the insurer in respect of such debt. In the event that a claim is subsequently made against the insured, any such sums paid under this insuring clause B9 will be set off against any indemnity payable to the insured.

  • TRIAL ATTENDANCE COSTS

    The insurer will pay as payments for trial attendance up to USD 250 for loss of earnings to the insured for each day or part of a day an employee is in attendance, at the insurer’s request, at a trial, hearing or arbitration involving a claim which is the subject of indemnity under this policy by or against the insured.Payments for trial attendance are not subject to the retention and are part of the aggregate limit of liability.In no event will the total amount of payments for trial attendance exceed USD 250 per day or USD 5,000 per policy period for all insureds.

• EXCLUSIONS

  The insurer will not be liable to make any payment for any loss, loss of profit, extortion demands, regulatory fines, operational expenses, defence costs, or other costs, fees or expenses:

  • ACQUISITIONS AND SALES

    arising out of any act, error, omission, personal injury, network compromise or data breach committed:

    • by any entity newly formed or acquired by any insured unless it becomes a newly acquired subsidiary in accordance with clause G1; or
    • by any entity before it became a newly acquired subsidiary, unless the insurer agrees by endorsement to the policy to provide such coverage (except as provided by clause G2); or
    • by any entity that was a subsidiary or newly acquired subsidiary after it ceases to be a subsidiary or newly acquired subsidiary.
  • ASBESTOS

    arising out of any actual or alleged asbestos or any materials containing asbestos.

  • BETTERMENT

    incurred to enhance or improve the computer system or data contained therein to a level beyond the state existing prior to any network compromise or data breach the subject of any claim or loss covered under this policy.

  • BODILY INJURY

    arising out of actual or alleged bodily injury, except that this exclusion will not apply to any mental anguish or emotional distress.

  • BUSINESS PRACTICE

    arising out of any actual or alleged antitrust violation, price fixing, restraint of trade, unfair competition, violation of consumer protection laws, or false, deceptive or unfair trade practices. This exclusion, however, does not apply to claims based on data breach under consumer privacy protection laws.

  • CONTRACTUAL LIABILITY

    arising out of liability assumed or accepted by an insured under any contract or agreement, including any guarantee or warranties, except to the extent the insured would have been liable in the absence of such contract or agreement. However, in relation to insuring clause A1 of this policy, this exclusion will not apply to a claim brought by a client of the insured for:

    • breach of an express or implied contractual warranty that technology products or technology serviceswill conform to a previously agreed written specification; or
    • breach of an express or implied duty relating to quality, fitness for purpose or safety of the technology products or technology services; or breach of a warranty or guarantee that the technology products or technology services will not infringe another’s intellectual property rights (but not patent infringement or trade secret misappropriation), privacy rights or breach of any duty of confidentiality.
  • DIRECTOR, OFFICER AND EMPLOYEE CLAIMS

    arising out of a claim made by or on behalf of or instigated by any director, officer, or employee of an insuredexcept in respect of a data breach.

  • DISHONEST, INTENTIONAL, ILLEGAL OR RECKLESS ACTS

    arising out of any dishonest, intentional, fraudulent, malicious, reckless, or criminal act or omission by any party with the consent or prior knowledge of any officer, director or partner, or spouse of any officer, director or partner of the insured.

  • ELECTRICAL FAILURE

    arising out of, or in any way involving any electrical failure including electrical power interruption, surge, brownout or blackout, except this exclusion does not apply when the electrical failure is solely caused by an insured’s negligence in performing technology services.

  • ELECTROMAGNETIC DISCHARGE

    arising out of, or in any way involving the existence, emission or discharge of any electromagnetic field, radiation or magnetism that allegedly or actually affects the health, safety or condition of any person or environment, or that affects the value, marketability, condition or use of any property.

  • EMPLOYMENT PRACTICES, DIRECTORS AND OFFICERS

    arising out of employer-employee relations, policies, practices, acts, or omissions, any actual or alleged refusal to employ any person, or misconduct with respect to employees, discrimination, humiliation, harassment, or misconduct based on an individual’s race, creed, colour, age, gender, national origin, religion, disability, marital status or sexual preference or other classification.

  • ERISA/SECURITIES

    arising out of actual or alleged violation of:

    • the Employee Retirement Income Security Act of 1974 (USA);
    • the Securities Act of 1933 (USA);
    • the Securities Exchange Act of 1934 (USA);
    • the Racketeer Influenced and Corrupt organisation Act 1961 (USA);
    • the Securities Fraud Enforcement Act 1988 (USA);
    • he Money Laundering Control Act 1981 (USA);
    • the Bank Security Act 1970 (USA);
    • the Right of Financial Privacy Act 1978 (USA); or
    • any rules, regulations or amendments issued in relation to the above acts, or any similar legislation in any other jurisdiction.
  • FINANCIAL GUARANTEES

    arising out of any promise, representation, or guarantee for or relating to return on investment, cost savings, or profits.

  • FORCE MAJEURE

    arising out of or caused by force majeure, including power outage and any failure due to any cause whatsoever of any system, infrastructure, or network over which the insured has no direct control.

  • GAMING AND LOTTERIES

    arising out of any actual or alleged gambling, contest, lottery, promotional game or other game of chance;

  • INSUFFICIENT RESOURCES

    where, at the time the contract was entered into, the insured was aware or ought reasonably to have been aware that there were not sufficient technical, creative, logistical, or financial resources to perform the contract as promised, including any under budgeting of a project.

  • INSURED’S CLAIM JURISDICTION AND TERRITORIAL LIMITS

    arising out of any:

    • legal proceedings brought in a court of law outside the jurisdiction stated at item 9 of the schedule or brought in a court of law within the jurisdiction stated at item 9 of the schedule to enforce a judgment or order made in any court of law outside the jurisdiction stated at item 9 of the schedule; or
    • technology products distributed, licensed, leased or sold, services provided, or media activitiesundertaken, or technology services provided outside the territorial limits stated at item 8 of the schedule.
  • INSURED V INSURED

    arising out of a claim made by or on behalf of an insured against any other insured.

  • LICENSING FEES AND ROYALTIES

    arising out of licensing fees or royalties ordered, directed or agreed to be paid by an insured pursuant to a judgment, arbitration award, settlement agreement or similar order for the use of a person or entity’s copyright, design rights, performing rights, title, slogan, trademark, trade name, trade dress, service mark, or service name.

  • MERGERS

    arising out of any act, error, omission, personal injury, or data breach committed or any extortion demand, or network compromise that occurs:

    • after the insured, or all or substantially all of its assets, are acquired by another entity,
    • after the insured is merged or consolidated with or into another entity if the insured is not the surviving entity, or
    • after any person or entity or group of persons and entities obtains the right to vote, select or appoint more than fifty percent (50%) of the directors of the insured.
  • OWNERSHIP

    arising out of a claim by any person or entity if on or after the date or time of the act, error or omission giving rise to such claim:

    • any insured controlled, owned, operated or managed such entity; or
    • any insured was an owner, partner, User, director, officer or employee of such person or entity.

    Control of or ownership in a business enterprise is presumed if any insured owned or held ten percent (10%) or more of the equity and/or debt instruments of such enterprise.

  • OTHER PROFESSIONAL ADVICE

    arising out of any professional advice (unless given in relation to technology services).

  • PATENTS AND TRADE SECRETS

    arising out of any patent rights, misuse of patents or trade secrets.

  • POLLUTION

    arising out of, whether suddenly or over a period of time, any:

    • actual, alleged or threatened emission, discharge, dispersal, seepage, release or escape of pollutants; or
    • injury, damage, payments, costs or expense incurred as a result of any testing for, monitoring, removal, containment, treatment, detoxification, neutralization or cleanup of any pollutants.
  • PRIOR ACTS

    arising out of any fact or circumstance known to the insured or ought reasonably to have been known by the insured whether or not such fact or circumstance was notified under another insurance policy, or which arises from or is related to the same originating cause as any notified fact or circumstance;

  • PRODUCT RECALL

    arising out of the costs of:

    • tracing, recall, replacement and/or disposal of any technology products sold, distributed, licensed or leased; or
    • reprinting, recall, withdrawal, removal or disposal of any media communication.
  • PROPERTY DAMAGE

    arising out of actual or alleged physical damage or destruction of any tangible property, including resulting loss of use.

  • REGULATORY ACTION

    arising out of any governmental, quasi-governmental or regulatory action or investigation, except with respect to a regulatory investigation.

  • RETROACTIVE DATE

    arising out of any act, error, omission, personal injury or first-party event that occurs before the retroactive date specified in the Schedule.

  • SHAREHOLDER ACTION

    arising out of a claim made by or on behalf of, or instigated by any shareholder of an insured, acting in their capacity as such, except when made as a customer or client of that insured.

  • STRIKE, WAR, INSURRECTION

    arising out of strikes or similar labour action, war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority or any action taken to hinder or defend against these actions.

  • SUPPLIER DISPUTES

    arising out of any accounting or recovery of profits, royalties, fees, contractual penalties, or other monies claimed to be due from any insured or for alleged excessive or unwarranted fees, compensation or charges of any kind made by the insured.

  • TERRORISM

    arising out of an act, including 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, or other ideological reasons or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. Provided that this exclusion shall not apply to any network compromise or data breach unless such is part of or in support of any military action or war.

  • UNLAWFUL ACTIVITY

    arising out of any act or omission of an insured intended to secure a profit or advantage to which that insured is not legally entitled.

  • UNSOLICITED COMMUNICATIONS AND DATA COLLECTION

    arising out of:

    • unsolicited faxes, emails or other communications sent by or on behalf of an insured to any third party;
    • actions brought under the Telephone Consumer Protection Act, the CAN- SPAM Act of 2003 or similar legislation in any other jurisdiction.

    This exclusion shall not apply to loss arising from claims under insuring clause A3 directly resulting from a network compromise which is covered.

  • WEAR AND TEAR

    arising out of wear and tear or gradual deterioration or failure of any electronic equipment in normal use.

• LIMITS OF LIABILITY, RETENTION AND AGGREGATION
  • LIMIT OF LIABILITY
    • The aggregate limit of liability is the total aggregate sum payable by the insurer in respect of all insureds and the insurer will have no liability in excess of the aggregate limit of liability.
    • Subject always to clause D1(a) above, the limit of liability specified for each of insuring clauses A1 to A3 and B1 to B10 is the total aggregate sum payable by the insurer under such insuring clause in respect of all insureds and the insurer will have no liability in excess of such limit of liability under that insuring clause.
    • Any sum paid by the insurer under this policy will erode the relevant limit of liability and the aggregate limit of liability.
    • Each limit of liability is part of and not in addition to the aggregate limit of liability.
    • The insurer may at any time pay to the insured, the amount of the relevant limit of liability for a specified insuring clause (after deduction of any sums already paid), and upon such payment being made the insurer shall have no further liability or obligation under such insuring clause.
    • The insurer may at any time pay to the insured, the amount of the aggregate limit of liability and upon such payment being made the insurer shall have no further liability or obligation under this policy.
  • RETENTION
    • (a) Save as relates to insuring clause B10, the insurer will be liable only for loss, loss of profit, extortion demands, regulatory fines, operational expenses, defence costs, or other costs, fees or expenses which are in excess of the applicable retention. The retention will be borne by the insuredand will remain uninsured.
    • (b) The relevant retention will not form part of the relevant limit of liability.
  • AGGREGATION

    All costs, losses, or fees or expenses arising out of, based upon or attributable to the same originating cause or event will be considered to be a single cause or event and only the largest applicable retention will be applied to the aggregate amount payable in respect of such single cause or event.

• DEFENCE, SETTLEMENT AND ALLOCATION OF LOSS
  • DEFENCE AND SETTLEMENT
    • Each insured will have the right and duty to defend and contest any claim made against it. The insurerwill be entitled to be consulted in the conduct of the defence of such matters and, at their sole option, to take over control of the defence, including any settlement negotiations, contributions and/or indemnification proceedings.
    • Where the insurer takes over conduct of the defence as provided under clause E1(a), the insurer shall have full discretion in the handling thereof (notwithstanding) that a dispute may have arisen between the insured and the insurer) provided that the insured shall not be required to contest any legal proceedings unless a Queen’s Counsel of the English Bar (to be mutually agreed upon by the insuredand the insurer or failing agreement to be appointed by the Chairman for the time being of the Commercial Bar Association (COMBAR)) shall advice that such proceeding can be contested with a reasonable prospect of success. The cost of the Queen’s Counsel’s opinion under this clause E1(b) will form part of the defence costs.
    • There will be no cover under this policy if any insured:
      • compromises or settles any claim or matter which may reasonably give rise to a claim;
      • incurs, or agrees to pay or incur any cost, fee, expense or pay an extortion demand, save as is related to cover under insuring clause B2; without the insurer's prior written consent.
  • DEFENCE COSTS
    • (a) The insurer will not be obliged to pay defence costs unless the insurer has provided prior written consent to the defence costs being incurred.
    • (b) The insured will reimburse the insurer for any payments which are ultimately determined not to be covered under this policy.
  • ALLOCATION
    • (a) Where the handling or defence of a claim involves both matters or parties covered and matters or parties not covered by this policy, the costs of defending the claim
    • (b) will be allocated between the insurer and the insured in the same proportion that the covered matters or parties bear to the uninsured elements of the claim. Where there is no express allocation of the defence costs or of any damages, judgment, awards and/or settlement between matters or parties covered and matters or parties not covered by this policy, a fair and proper allocation will be made between the insured and the insurer, taking into account the relative legal and financial exposures attributable to the covered matters or parties and the matters or parties not covered by this policy.
• GENERAL CONDITIONS
  • NOTIFICATION OF CLAIMS AND FIRST-PARTY EVENTS
    • The insured must give to the insurer notice of any:
      • (i) claim first made against the insured; or
      • (ii) any first-party event;

      as soon as practicable, during the policy period, or discovery period, and in any event within 30 days of first becoming aware of the existence of a claim or first-party event. If the insured does not give notice to the insurer in compliance with this clause F1, the insurer will have no liability under this policy arising out of such claim or first-party event.

    • A claim or first-party event is deemed to be first made against an insured when any responsible personfirst becomes aware or should have reasonably been aware of:
      • any insured receiving such claim; or
      • such first-party event.
  • NOTIFICATION OF CIRCUMSTANCES
    • Any insured may, during the policy period, notify the insurer of any fact or circumstance which may in the reasonable opinion of the responsible person give rise to a claim or first-party event. Such notice must include the reasons why the insured reasonably anticipates that the fact or circumstance may give rise to a claim or first-party event and, where available, full particulars of the dates, acts and persons involved.
    • Any claim made after expiry of the policy period which alleges, arises out of, is based upon or attributable to any fact or wrongful act which has the same originating cause, source or event as:
      • a claim first made or first-party event notified during the policy period (or applicable discovery period) which has been notified to the insurer in accordance with clause F1 above; or
      • a fact or circumstance which has been notified to the insurer in accordance with clause F2(a) above; will be treated by the insurer as having been notified during the policy period.
  • DISCOVERY PERIOD

    If this policy is not renewed or replaced, and if the total premium for this policy has been paid in full, the parent company will be entitled to:

    • an automatic discovery period of 30 days; and
    • purchase an optional discovery period of one (1), two (2), or three (3) years. The premium for the optional discovery period will be:
      • one (1) year optional discovery period, one hundred percent (100%) of the annual premium for the policy;
      • two (2) year optional discovery period, one hundred and fifty percent (150%) of the annual premium for the policy;
      • three (3) year optional discovery period, one hundred and seventy-five percent (175%) of the annual premium for the policy;

    provided always that:

    • such premium is received by the insurer within 30 days after the end of the policy period; and
    • this policy was neither renewed nor replaced upon its natural expiry; and
    • no insured is or becomes aware of any circumstances likely to give rise to a claim under this policy in the period between expiry/non-renewal of the policy and the decision to purchase the discovery period; and
    • The automatic discovery period will be part of and not in addition to any optional discovery period purchased by the insured; and
    • The discovery period is non-cancellable and the premium for the optional discovery period is deemed fully earned at the inception date of the optional discovery period.

    The first thirty days of the optional discovery period, if purchased, will run concurrently with the automatic discovery period. The purchase of the optional discovery period will not in any way increase the aggregate limit of liability or any particular limit of liability, and any payments made with respect to claims first made during the optional discovery period will be part of and not in addition to the aggregate limit of liability, or a particular limit of liability, for all claims made during the policy period. No discovery period will apply in the event that a change in control takes place in respect of the parent company during the policy period.

  • WHERE TO NOTIFY

    All notices for claims must be sent by certified mail or the equivalent or by email to the address set out in Item 5 of the schedule.

    All notices for first-party events must be notified to the phone number set out in Item 5 of the schedule.

  • COOPERATION AND MITIGATION

    Each insured will:

    • take all reasonable steps to prevent or minimise any loss, loss of profit, extortion demands, regulatory fines, operational expenses, or other costs, fees or expenses;
    • render all reasonable assistance to and cooperate with the insurer in the defence of any claim and the assertion of indemnification and contribution rights; and
    • give such information and assistance to the insurer as they may reasonably require to enable them to investigate any matter under which the insured seeks cover under this policy or determine the insurer'sliability under the policy, which shall include the prompt provision of copies of all reports received from the insurer’s Cyber Service Provider, upon the insurer’s request.

    Unless expressly provided for in this policy or otherwise agreed in writing by the insurer, such steps will be at the insured’s own cost and will not include the admission or assumption of any liability, or settlement of any claim without the prior written consent of the insurer. It is agreed however that self-reporting to any regulator, government, government body, governmental or administrative agency, any self-regulatory body, or official trade body shall not, in itself, be deemed to be an admission of liability.

  • EMERGENCY RESPONSE COSTS

    The insurer will have no liability to indemnify the insured under insuring clause B2 unless the insured:

    • gives written notice to the insurer within 7 days of agreeing to make such payments, of both:
      • the fact, circumstance or event that might reasonably have been anticipated to give rise to a claimunder this policy; and
      • the nature of the amounts paid or incurred by the insured; and
    • establishes to the insurer's reasonable satisfaction that:
      • such anticipated claim would have been covered under this policy; and
      • because of an Emergency situation faced by the insured, it was reasonable and necessary for the insured to make the payment or incur the costs, fees or expenses prior to notification; and
      • the amount paid or incurred by the insured was reasonable.
  • SUBROGATION AND RECOVERIES
    • If the insurer becomes liable for any payment under this policy, the insurer will be subrogated to all rights and remedies available to any insured in connection with that liability and will be entitled to bring proceedings in the name of such insured.
    • Each insured will take all steps necessary or required by the insurer whether before or after payment by the insurer to preserve the rights and remedies which the insured may have to recover its loss, costs, fees or expenses from any third party.
    • Both before and after any payment under this policy, each insured will provide to the insurer any assistance in their power as the insurer may require securing such rights and remedies as set out in clause F7(a) and (b) above and will take all steps required by the insurer.
    • The insurer will be entitled to take control of all steps which are taken to recover the loss, loss of profit, fees or expenses from any third party whether or not any portion of the loss, loss of profit, fees or expenses the insured has suffered is uninsured and whether or not the insurer has provided (or will provide) only a partial indemnity under this policy. The decision whether or not to take any step to pursue a recovery in connection with the loss, loss of profit, fees or expenses will rest with the insurernotwithstanding the existence of any uninsured loss.
    • The costs of such proceedings will be borne by the insured and the insurer in the same proportion that the covered loss, loss of profit, fees or expenses bears to any uninsured element of the claim against the third party, but only to the extent that such costs are incurred after the insurer has accepted liability.
    • Any amounts recovered from third parties will be applied in the following order:
      • to recompense the insured and the insurer for the costs incurred in bringing proceedings against the third party (such payments will be allocated between the insured and the insurer in the same proportions as they have borne those costs); and
      • then to the insured for the amount, if any, of the loss, loss of profit, fees or expenses which exceeds the limit of liability; and
      • then to the insurer up to the amount of the loss, loss of profit, fees or expenses paid by the insurer; and
      • then to the insured in respect of any uninsured element of the claim against the third party (including the retention).
    • Interest on amounts recovered from third parties will be allocated proportionally to the amounts paid in clause F7(f) above.
    • The insurer agrees not to exercise its rights of recovery against any employee unless the claim is brought about or contributed to by dishonest, fraudulent, intentional or criminal acts, errors or omissions of the employee.
  • OTHER INSURANCE

    If a loss, loss of profit, fee or expense covered by this policy is also covered by any other insurance collectible by the insured or indemnity, this policy will only pay in excess of the amount of such other insurance or indemnity. As excess insurance this policy will not apply or contribute to the payment of any loss, loss of profit, fee or expense until the amounts of such other insurance or indemnity have been exhausted.

  • INSURANCE ACT 2015

    The insurer hereby waives all of its remedies for qualifying breaches of the duty of fair presentation as defined in the Insurance Act 2015 (UK) and set out in Schedule 1 of the Act in respect of any non-disclosure, or misrepresentation, provided that such qualifying breach was not deliberate or reckless.

  • CONFIDENTIALITY
    • The insurer will treat as confidential all information provided to it by the insured in connection with this policy or any loss or potential loss, under this policy and will not, without the prior consent of the parent company, disclose any such information to any third party. However, the insurer will be entitled to disclose any confidential information to:
      • any director, officer, employee, agent, auditor, reinsurer or t adviser to the insurer and/or its group companies or Xchanging Claims Services Limited or any loss adjuster appointed by the insurer in dealing with the insurance or the insured; or
      • any person in order to comply with any legal or regulatory requirement or rule of any stock exchange; or
      • a court, mediator, or arbitrator to whom matters are referred in connection with this policy or with any reinsurance of this policy.
    • The insurer will not be required to treat as confidential any information provided to it by an insured if that information:
      • is in the public domain, other than by means of the insurer having disclosed it; or
      • was in the insurer's possession prior to it being provided by the insured; or
      • comes into the insurer’s possession other than by being provided by the insured.

    Except as set out above, the insurer will cooperate with the insured in preserving the confidentiality of the confidential information.

  • POLICY INTERPRETATION
    • Any interpretation of this policy relating to its construction, validity or operation will be determined in accordance with the laws of England and Wales.
    • This policy, the Schedule and any endorsements are one contract in which, unless the context otherwise requires:
      • headings are descriptive only, not an aid to interpretation;
      • references to specific legislation include amendments to and re-enactments of such legislation and equivalent legislation in the relevant jurisdiction; and references to positions, offices or titles will include their equivalents in any jurisdiction; and
      • references to positions, officers or titles shall include their equivalents in any jurisdiction.
  • MEDIATION, ARBITRATION AND LAW
    • In the event of any dispute arising between the insurer and any insured regarding any aspect of this policy, including its validity, if the parties so agree, they may refer the matter for resolution through mediation before a mutually agreed mediator.
    • If the parties do not agree to mediate, or in the event that the dispute is not resolved through mediation, the dispute will be referred to arbitration under the Insurance & Reinsurance Arbitration Society (ARIAS (UK)) Arbitration Rules by either party in accordance with the following terms:
      • the arbitration tribunal will consist of three arbitrators, one to be appointed by the insured party involved in the arbitration, one to be appointed by the insurer and the third to be appointed by the two appointed arbitrators. The third User of the arbitration tribunal will be appointed as soon as practicable (and no later than 28 days) after the appointment of the two party- appointed arbitrators. The arbitration tribunal will be constituted upon the appointment of the third arbitrator.
      • the arbitrators will be persons (including those who have retired) with not less than ten years’ experience of insurance within the industry or as lawyers serving the industry.
      • where a party fails to appoint an arbitrator within 28 days of being called upon to do so, the other party, having duly appointed his arbitrator, may give notice in writing to the party in default that he proposes to appoint his arbitrator to act as sole arbitrator. If the party in default does not within 7 clear days of that notice being given make the required appointment and notify the other party that he has done so, the other party may appoint his arbitrator as sole arbitrator whose award will be binding on both parties as if he had been so appointed by agreement
      • the arbitration tribunal may at its sole discretion make such orders and directions as it considers necessary for the final determination of the matters in dispute. The arbitration tribunal will have the widest discretion permitted under the law governing the arbitral procedure when making such orders or directions. The parties will retain their statutory rights to appeal any award made by the arbitration tribunal. The seat of arbitration will be London, England and the law governing the arbitration will be that of England & Wales.
  • SINGLE POLICY

    This policy is a single contract of insurance and even if more than one insured is covered, this policy is a single contract of insurance for the benefit of the insured as a joint insured and accordingly:

    • the parent company will act for itself and for its subsidiaries for all purposes under this policy; and
    • the parent company will act for itself and for all its subsidiaries for acceptance of any endorsements issued to form a part of this policy; and
    • payment of any loss, loss of profit, fee or expense under this policy to the parent company will fully release the insurer with respect to such loss, loss of profit, fee or expense; and
    • if the parent company is more than one entity and one such entity ceases for any reason to be covered under this policy, then the remaining entities that fall within the definition of parent company will be considered to be the parent company for all purposes under this policy.
  • CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

    Nothing in this policy is intended to confer a directly enforceable benefit on any third party other than an insured, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.

  • ASSIGNMENT AND AMENDMENT
    • Neither this policy nor any right under it may be assigned without the prior written consent of the insurer.
    • No amendment to this policy will be effective unless it is in writing.
  • CANCELLATION
    • If the premium due under this policy has not been paid to the insurer by the 60th day from the inception of this policy, or, where premium due to be paid by instalments, by the date on which an instalment is due, the insurer will have the right to cancel this policy from inception by notifying the parent companyin writing direct or via the insurance broker as appropriate.
    • It is agreed that the insurer will give not less than 30 days prior notice of cancellation under this clause to the parent company in writing, directly or via the insurance broker. If the premium due is paid in full to the insurer before the notice period expires, notice of cancellation will automatically be revoked.
    • If any additional premium due under the terms of this policy or in respect of any amendment to the terms of this policy is not paid within 30 days of the date on which it is due to be paid, the insurer will not have any liability in respect of the additional rights which were to have been purchased by the insured by payment of the additional premium.
  • SANCTIONS

    The insurer shall not be deemed to provide cover nor be liable to pay any claim or provide any benefit under the policy to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose the insurer 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.

  • DATA PROTECTION ACT 1998

    It is agreed by the insured that any information provided to the insurer regarding the insured will be processed by the insurer, in compliance with the provisions of the Data Protection Act 1998, for the purpose of providing such insurance and handling claims, if any, which may necessitate providing such information to third parties.

  • SEVERAL LIABILITY

    The obligations of each company insurer and Lloyds syndicate shall be several and not joint and shall be solely to the extent of that insurer’s or syndicate’s individual subscription. No such insurer or syndicate shall be responsible for the subscriptions of any other such insurer or syndicate who for any reason does not satisfy all or part of its obligations hereunder.

• CHANGES IN RISK
  • NEW SUBSIDIARIES
    • The term subsidiary will include any entity of which the parent company, either directly or indirectly through one or more of its subsidiaries, acquires during the policy period:
      • control of the composition of the board of directors;
      • control of more than half of the shareholder voting power; or
      • a holding of more than half of the issued share capital; provided that at the time of obtaining that control or holding, the acquired entity:
        • has total gross assets which are less than 25% of the total consolidated gross assets held by the parent company and all its subsidiaries together as recorded in the latest audited financial statements of the parent company prior to inception of the policy;
        • is not incorporated or domiciled in the United States of America nor regulated by the US Securities and Exchange Commission;
        • has a total number of employees which is less than 25% of the total number of employees employed by the parent company and all its subsidiaries together prior to inception; and
        • has not suffered a loss, or loss of profit, or incurred a fee or expense of the type covered by this policy greater than the relevant retention within the three years immediately preceding the acquisition.
    • If a newly acquired entity fails to meet conditions in clause G1(a) above, the insurer will provide cover under this policy from the date of acquisition for sixty (60) days, during which time the parent company will give the insurer sufficient information to permit the insurer to assess and evaluate the insurer's potential increase in exposure. Following receipt of that information, the insurer may agree to extend the definition of subsidiary to include the newly acquired entity, subject to the amendment of the terms and conditions of this policy, including by charging a reasonable additional premium in respect of the newly acquired entity. The cover, if any, afforded after the expiry of the sixty (60) day period will be set out in an endorsement to this policy.
  • CHANGE IN CONTROL
    • If during the policy period a change in control occurs, the insurer will not be liable for or make any payment of loss, loss of profit, fee or expense arising out of, based upon or attributable to any act or omission occurring after the change in control.
    • The parent company will, as soon as practicable, give the insurer written notice of any change in control.
    • Cover for any subsidiary under this policy will only apply in respect of acts or omissions occurring while such entity is a subsidiary.
• DEFINITIONS
  • aggregate limit of liability means the maximum amount that the insurer will pay under this policy as specified in item 3 of the Schedule.
  • bodily injury means physical Injury or Illness of any person (including death sustained as a result of such) mental anguish or emotional distress.
  • business trend means the trend, variations and circumstances of the insured either before or after the network compromise which would have affected the insured had the network compromise not occurred, so that the adjusted loss of profit will represent as closely as reasonably practicable the results which except for the network compromise, would have been obtained during the period of restoration;
  • change in control will include any one or more of the following events:
    • the sale, merger or change in control of the parent company;
    • material change in the business of the parent company or, with respect to a particular insured only, of that insured;
    • with respect to a particular insured only, the appointment of a receiver, liquidator, administrator or trustee in bankruptcy for that insured; or
    • with respect to a particular insured only, any process whereby that insured becomes a subsidiaryof another previously unaffiliated entity, or becomes controlled by another previously unaffiliated entity by virtue of any law.
  • claim means:
    • a written demand for monetary or non-monetary relief arising from a wrongful act; or
    • a written communication alleging a wrongful act; or
    • an action alleging a wrongful act in a court of law or in arbitration; or
    • with respect to insuring clause B4 only, a regulatory investigation.
  • computer system means a system of computer hardware, software, and associated electronic devices that is controlled, operated or owned by the insured.
  • confidential business information means any non-public third-party business information, whether encrypted or unencrypted, that cannot be lawfully obtained or known by the general public, including trade secrets, customer lists, drawings, financial information and marketing plans that are provided to the insuredby a third party.
  • data breach means the unauthorised acquisition by an unauthorised third party, disclosure or loss of data, which an executive officer first becomes aware of during the policy period, that compromises the security, confidentiality and/or integrity of personal data or confidential business information held by the insured.
  • defence costs means reasonable legal fees and expenses incurred with the prior written consent of the insurer in the defence of any claim or regulatory investigation which is covered under this policy.
  • denial of service attack means an attack implemented over a network or the internet intended to disrupt the normal operations of a computer system, and to render that system inaccessible to authorised users.
  • discovered or discovery means when a responsible person first has knowledge of any act, omission or event which could reasonably be foreseen to give rise to a loss covered by this policy, even though the exact amount or details of that loss, act, omission or event are not known at the time of discovery. Discovery shall constitute discovery by every company
  • discovery period means a period immediately following expiry of the policy period during which written notice may be given to the insurer of a claim first made during such period or the policy period, for an act, error or omission committed before expiry of the policy period.
  • electronic data means information in electronic form, including but not limited to computer programs.
  • employee means a natural person who was, is, or during the policy period becomes employed by an insured.
  • extortion demand means any sums unlawfully demanded from an insured by a third party or an employee.
  • first-party event means network compromise, data breach, extortion demand or other event that triggers coverage under any of insuring clauses B1 to B6.
  • gross profit is income less expenditure of the insured company or companies.
  • insured means any one or more of the following:
    • the parent company;
    • a subsidiary.
  • insurer means XL Insurance Company SE and any other participating insurers.
  • limit of liability means the relevant amount specified for a given insuring clause in item 3 of the Schedule, but shall not include the aggregate limit of liability.
  • loss means:
    • damages, judgments, settlements or other amounts that the insured is legally obliged to pay to a third party as a result of a claim which is covered under this policy;
    • defence costs.

    Loss does not include

    • punitive, aggravated, or exemplary damages or the multiplied portion of any damages award; or
    • salaries, benefits fees commission, bonuses, overheads, charges or expenses of any insured; or
    • contractual penalties, service credits, liquidated damages (but only to the extent that such liquidated damages exceed the amount for which the insured would have been liable in the absence of such liquidated damages clause)
    • civil or criminal fines or penalties which are uninsurable under the law governing this policy, the insurer or insured;
    • PCI Fines
    • taxes incurred by any person or entity
    • the insured’s costs or expenses of complying with any injunctive relief or any form of equitable relief;
    • the monetary value of any electronic fund transfer or transactions which is lost of diminished during transfer.
  • loss of profit means the amount by which A exceeds B. For the purpose of this calculation:
    • gross profit net of taxes that would have been earned during the period of restoration adjusted for business trend based upon the gross profit earned during the 2 years prior to the network compromise;
    • actual gross profit net of taxes earned during the period of restoration.
  • malware means any unauthorised, malicious, corrupting or harmful code which has inserted itself or been inserted into a computer system.
  • media activities means the publishing, transmission, display, broadcast, web cast, dissemination, distribution or release of information on the internet by or on behalf of the insured.
  • network compromise means any unauthorised access to, use or misuse of, modification to the computer system, or denial of computer system resources by attacks “by a third party or rogue employee through any electronic means, including” malware, viruses, worms, and Trojan horses, spyware and adware, zero-day attacks, hacker attacks and denial of service attacks.
  • operational expenses means reasonable costs of renting additional IT equipment and other additional services, incurred in order to minimise the loss of profit caused by a network compromise.
  • parent company means the entity named at item 1 of the Schedule.
  • period of restoration means the period that begins once there has been an interruption or suspension (whether partial or full) of the computer system that has lasted longer than the retention and was caused by a network compromise, and ends on the date that such interruption or suspension ends. The period of restoration will not in any event exceed 180 days.
  • personal data means data which relates to a living individual who can be identified from such data.
  • personal Injury means injury, other than bodily injury, to a third party arising out of one or more of the following offenses by an insured arising out of media activities:
    • libel, slander, or other defamatory or disparaging statements or materials;
    • oral or written publication of material that breaches an individual’s right of privacy;
    • plagiarism, piracy or misappropriation of ideas or style of doing business; and
    • infringement or misappropriation of copyright, title, slogan, trademark, trade name, trade dress, logo, service mark or service name.
  • policy period means the period from the inception date until the expiration date as set out in the Schedule.
  • privacy and security wrongful act means:
    • failure to reasonably protect personal data or confidential business information;
    • violation of any law, statue, regulation governing the authenticity, availability, confidentiality, storage, control, disclosure, or use of personal data;
    • violation of a law, statute or regulation that requires the insured to provide notification to affected persons of a data breach.;
    • negligence resulting in a failure to prevent a network compromise that results in:
      • the inability of an authorised third party user to gain access to the insured’s computer system;
      • the malicious addition, alteration, copy, destruction, deletion, disclosure, damage, removal or theft of data residing on the insured’s computer system;
      • a denial of service attack emanating from the insured’s computer system which damages, destroys third-party hardware, computer programs or electronic data residing on a third party’s network; or
      • the transmission of malware from the insured’s computer system to third parties.
  • regulatory finee means an insurable civil fine or civil monetary penalty imposed by a governmental or regulatory authority for a data breach.
  • regulatory investigation means an actual or threatened investigation in writing by a regulator or governmental authority into an actual or alleged privacy and security wrongful act caused by the insured or its subcontractors, that may result in the imposition of a regulatory fine on the insured.
  • responsible person means any Executive Director, Chief Information Officer, Chief Security Officer, Chief Technology Officer, Head of Legal, Compliance Officer, Head of Audit, Risk Manager or Insurance Manager (or equivalent position of any of the foregoing) of the parent company.
  • retention means the first part of loss sustained by the insured in respect of a claim and/or request for coverage under insuring clauses B1 to B10 for which the insured is self-insured and which it will retain for its own account, and which is set out in item 4 of the Schedule. In respect of insuring clause B5, retention shall be the period of time referred to in item 4 of the Schedule that must pass after the start of the partial or total network interruption before the period of restoration begins.
  • retroactive date means the date shown in Item 10 in the Declarations.
  • subcontractors means independent consultants or subcontractors who provide technology services on behalf of the insured under a written contract.
  • subsidiary means any entity, other than an investment vehicle, in which the parent company either directly or indirectly through one or more entities:
    • controls the composition of the board of directors;
    • controls more than half of the shareholder voting power; or
    • holds more than half of the issued share capital; on or before the inception date of this policy. Subsidiary will include all those entities referred to in clause G1(a).
  • technology products means a computer or telecommunications hardware or software product, or related electronic product that are created, manufactured or developed by the insured for others, or distributed, licensed, leased or sold by or on behalf of the insured to others for a fee, including software updates, service packs and other maintenance releases provided for such products, but will not include technology services.
  • technology services means computer and electronic technology services, including but not limited to data processing, internet services, data and application hosting, computer systems analysis, technology consulting and training, custom software programming, computer and software systems installation, management, repair, maintenance and integration, computer and software support, and network management services, provided by or on behalf of an insured to others for a fee, but does not include technology products.
  • wrongful act means:
    • in relation to insuring clause A1, any of the acts, errors or omissions referred to in clauses A1(a) to (g);
    • in relation to insuring clause A2, any of the acts, errors or omissions referred to in clauses A2(a) to (f);
    • a privacy and security wrongful act.
• COMPLAINTS

  The insurer is dedicated to providing a high-quality service and wants to ensure that this is maintained at all times.

  If the insured has any questions or concerns about the policy or the handling of a claim, please contact the broker through whom this policy was arranged.

  If the insured wishes to make a complaint, they can do so at any time by referring the matter to:

  • Complaints Managers
  • XL Insurance Company SE 20 Gracechurch Street London
  • EC3V 0BG
  • E-mail: xlcatlinukcomplaints@xlcatlin.com
  • Telephone Number: +44 (0) 20 7743 8487

  Please quote the policy or claim number and the name of the parent company.

  If the insured remains dissatisfied after the Complaints Manager has considered their complaint, or the insured have not received a final decision within eight (8) weeks, the insured can refer their complaint to the Financial Ombudsman Service at:

  • Exchange Tower
  • London
  • E14 9SR
  • E-mail: complaint.info@financial-ombudsman.org.uk

  From within the United Kingdom

  • Telephone Number: 0800 0234 567 (free for people phoning from a “fixed line”, for example, a landline at home)
  • Telephone Number: 0300 1239 123 (free for mobile-phone users who pay a monthly charge for calls to numbers starting 01 or 02)
  • E14 9SR
  • E-mail: complaint.info@financial-ombudsman.org.uk

  From outside the United Kingdom

  Telephone Number: +44(0)20 7964 1000

  Fax Number: +44(0)20 7964 1001

  The Financial Ombudsman Service can look into most complaints from consumers and small businesses. For more information, contact them on the above number or address, or view their website: www.financial-ombudsman.org.uk

  The European Commission also provides an online dispute resolution (ODR) platform that allows consumers to submit their complaint through a central site, which will forward the complaint to the right Alternative Dispute Resolution (ADR) scheme. The ADR scheme for XL Insurance Company SE is the Financial Ombudsman Service, which can be contacted directly using the contact details above. For more information about ODR, please visit http://ec.europa.eu/odr

  XL Insurance Company SE is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Firm Reference No. 202695).

  Registered Office - 20 Gracechurch Street, London, EC3V 0BG.

  Registered in England - Company Number SE000080

  Further details can be found on the FCA’s website at www.fca.org.uk which includes a register of all the firms they regulate or by calling the FCA on 0800 111 6768.

EXCLUSIONS

• Charges of any nature resulting from or occurring during the commission of a violation of law by the Covered Person, including without limitation, the engaging in an illegal occupation or act, but excluding minor traffic violations.
• Charges of any nature incurred in the Covered Person's Home Country.
• Charges of any nature resulting directly or indirectly from the use of any biological, chemical, non-medical radioactive or non-medical nuclear agent, material, device or weapon.
• Charges of any nature resulting from or occurring during the Covered Person's direct or indirect involvement in any war, Act of Terrorism, strike, riot or civil commotion, Kidnap and Ransom or while the Covered Person is a User of any military or para-military.
• Charges of any nature sustained when the Covered Person has entered and/or unreasonably failed or refused to depart a country within forty-eight (48) hours of the time an Evacuation Advisor has been issued by the Covered Person's Home Country.
• Charges of any nature which are not presented to the Claims Administrator for payment within 60 days of the date the charge is incurred.
• Charges of any nature and any claim (including Common Carrier Accidental Death) resulting from self-inflicted Injury or Illness and/or suicide or attempted suicide whether sane or insane.
• Pre-existing Conditions, except Emergency treatment of a Pre-existing Condition subject to the maximum limit stated in the Schedule of Benefits and Limits.
• Diagnosis or treatment of all forms of cancer/neoplasm.
• All charges related to Pregnancy, including but not limited to pre-natal care, Delivery, and post-natal care, and care of Newborns, except Emergency medical treatment subject to the maximum limit stated in the Schedule of Benefits and Limits.
• Treatment related to birth defects and congenital Illnesses. Birth defects are deemed to include hereditary conditions.
• Any drug, treatment or procedure that either promotes or prevents conception including but not limited to: artificial insemination, treatment for infertility or impotency, sterilization or reversal of sterilization.
• Any drug, treatment or procedure that either promotes, enhances or corrects impotency or sexual dysfunction.
• Abortions, except to save the life of the mother.
• All expenses of any cryogenic preservation and implantation or re-implantation of living cells.
• Treatment related to hypertension, hypotension, syncope or sequels.
• Organ or tissue transplants or related services.
• Treatment for acne, moles, skin tags, diseases of sebaceous glands, seborrhea, sebaceous cyst, unspecified disease of sebaceous glands, hypertrophic and atrophic conditions of skin, nevus.
• The following care, treatment or supplies for the feet: orthopaedic shoes, orthopaedic prescription devices to be attached to or placed in shoes, treatment of weak, strained, flat, unstable or unbalanced feet, metatarsalgia or bunions, and treatment of corns, calluses or toenails.
• Charges for treatment of Mental Health Disorders.
• Dental Treatment, except for Dental Treatment necessary to restore sound natural teeth lost or damaged in a covered accident or to resolve sudden onset of acute pain.
• Charges resulting from Accidents occurring while the Covered Person is participating in any of the following:
  • Contact Sports, intercollegiate, interscholastic, intramural, and club Amateur Athletics sports or athletic activities and Professional Sports. Non-contact and non-organized/non-sanctioned amateur athletics or athletic activities engaged in solely for leisure, recreational, entertainment or fitness purposes are not excluded unless they are excluded by (b) through (c) of this provision; and
  • Any one or combination of the following: abseiling, BMX, bobsledding, bungee jumping, caving, hang gliding, heli-skiing, high diving, parachuting, paragliding, parascending, piloting a non-commercial aircraft, rappelling, rock climbing or mountaineering normally involving ropes or guides or in excess of 4,500 meters, scuba diving in excess of 50 meters depth, skydiving, spelunking, whitewater rafting in excess of Class V; and
  • Any other sport or activity which is undertaken for thrill seeking and exposes the individual to abnormal risk of Injury.
• Weight modification or Surgical treatment of obesity, including but not limited to wiring of the teeth and all forms of intestinal bypass Surgery.
• Modifications of the physical body intended to improve psychological, mental or emotional well-being, including but not limited to sex-change Surgery.
• Corrective devices and medical appliances, including eyeglasses, contact lenses, hearing aids, hearing implants, dentures or dental appliances and any examination or fitting related to these devices.
• Orthoptic, visual eye training and eye Surgery, such as radial keratotomy, when the primary purpose is to correct nearsightedness, farsightedness or astigmatism.
• Treatment of the temporomandibular joint.
• Diagnosis or treatment of venereal disease, including all Sexually Transmitted Diseases and conditions.
• Routine Physical Exams and treatment, including but not limited to vaccinations, immunizations, annual check-ups, the issue of medical certificates and attestations, and examinations as to the suitability of employment or travel.
• Treatment by a chiropractor.
• Medical treatment for Substance Abuse or addiction or conditions that may be attributed to Substance Abuse or addictions and direct consequences thereof.
• Treatment of Covered Persons who are HIV+, have AIDS or ARC, and all diseases caused by and/or related to HIV.
• Charges for treatment of any condition(s) when the purpose of departing the Home Country was to obtain treatment in the Host Country(ies).
• Treatment, services or supplies that are not Medically Necessary and administered by or under the supervision of a Physician, and products that can be purchased without a Physician's prescription.
• Treatment, services or supplies provided at no cost to the Covered Person and any treatment, services or supplies performed or provided by a Relative of the Covered Person or any person who ordinarily resides with the Covered Person.
• Telephone consultations or failure to keep a scheduled appointment.
• Surgeries, treatments, services or supplies that are lnvestigational, Experimental or for Research Purposes.
• Charges incurred while confined primarily to receive Custodial Care, Educational or Rehabilitative Care, or any medical treatment in any establishment for the care of the aged.
• Surgeries, treatments, services or supplies for cosmetic or aesthetic reasons, except for reconstructive Surgery when such Surgery is directly related to an accident which is covered under this cover.
• Speech, vocational, occupational, biofeedback, acupuncture, recreational, sleep or music therapy, holistic care of any nature, massage and kinestherapy.
• Services, supplies, or treatment for hair loss including wigs, hair transplants or any drug that promises hair growth, whether or not prescribed by a Physician.
• Exercise programs, whether or not prescribed or recommended by a Physician.
• Treatment required as a result of complications or consequences of a treatment or condition not covered hereunder.
• Charges for travelor accommodation not specifically included as an Eligible Expense under this cover.
• Charges which exceed the Usual, Reasonable and Customary charge for the service or supply provided.
• Charges for any supply or service that is not Medically Necessary.
• Injury and/or Common Carrier Accidental Death sustained while under the influence of or due wholly or partly to the effects of intoxicating liquor or drugs other than drugs taken in accordance with treatment prescribed and directed by a Physician but not for the treatment of Substance Abuse.
• All benefits in the event the trip is undertaken with a visa other than a tourist visa, and/or with the intention of establishing temporary or permanent residence in the Host Country.
• All benefits in respect to professional activities undertaken for compensation, reward or profit.
• All benefits for Injury, Illness and/or Common Carrier Accidental Death relating to or resulting from hurricanes, earthquakes and other unexpected climate or natural phenomena.
• Charges for religious or funerary services or special coffins.
• Charges for treatment of Injury or Illness after the Covered Person abandons the medical facility or discontinues the course of treatment recommended by the attending Physician.
• Charges incurred before the Effective Date of Coverage or after the Termination Date of Coverage of the Covered Person, subject always to a maximum period of coverage of 120 days per Trip.
• Any claim or benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose the Claims Administrator 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.

SECTION II

• Any actual or alleged failure of the Covered Person to procure or maintain authorized/official immigrant status and, work, residence or similar visa, permits or other documentation unless the Covered Person can show that such allegations were intentionally false, malicious and made solely and directly to achieve a political, propaganda or coercive effect upon or at the expense of the Covered Person;
• Non-political evacuation from a country within 14 days after issuance of an Evacuation Advisor;
• Covered Persons having travelled to a region at a time when an Evacuation Advisor has been issued in respect of that region;
• Any Covered Person who is a User of any military or paramilitary organisation;
• Any act or alleged act which would be a criminal offence if committed by the same party in their country of residence, but excluding minor traffic violations.
• Directly or indirectly arising out of or in any way involving any nuclear radiation or radioactive contamination except for those approved processes or techniques that are approved by appropriate governmental or other applicable regulatory authority.
• Loss or damage by electronic means including but not limited to computer hacking or the introduction of any form of computer virus or corrupting or unauthorized instructions or code or the use of any electromagnetic weapon. However, this shall not apply to losses arising from the use of any computer, computer system or computer software programme or any other electronic system in the launch and/or guidance system and/or firing mechanism of any weapon or missile.
• Excluded Territories: Afghanistan, Chechnya, Iraq, Israel (West Bank, Gaza and the occupied territories), Venezuela, Myanmar, Haiti, Syria, Yemen, Libya, Pakistan, Lebanon, North and South Sudan and then Sub-Saharan Africa (as defined by United Nations but not including Botswana, Namibia, South Africa, Cape Verde, Mauritius, Seychelles and Malawi) and any US/UK/European Sanctioned Countries.

COVERAGE GENERAL INFORMATION

Additional Coverage or Assistance Program– Miles upperClub shall not pay any expense if there is additional coverage or another assistance program that would, or would but for the existence of this cover, pay such expense. Except, where benefit amounts insured elsewhere are less than the applicable benefit amount covered hereunder, Miles upperClub will pay the difference between the benefit amounts insured elsewhere and the applicable benefit amount of this coverage, subject always to the applicable Claims Excess. Miles upperClub shall not pay any claim in respect to care, treatment, services or supplies furnished by any program or agency funded by any government.

Authorization Requirements

For Section 6 and Section 7- StayCare:

To comply with the Authorization Requirements, the Covered Person must:

• Contact the Claims Administrator at the telephone number provided to the User as soon as possible before the expense is to be incurred; and
• Comply with the instructions of the Claims Administrator and submit any information or documents they require; and
• Notify all Physicians, Hospitals and other Medical Providers that this cover contains Authorization requirements and ask them to fully cooperate with the Claims Administrator.

If the Covered Person complies with the Authorization Requirements, and the expenses are authorized,Miles upperClubwill pay Benefits, subject to all terms, conditions, provisions and exclusions herein. If the Covered Person does not comply with the Authorization Requirements or if the expenses are not authorized, all Benefits hereunder are forfeited.

Additionally, for Section 6:

• In the event of an Emergency, authorization must be made within 48 hours, or as soon as is reasonably possible but no later than one week thereafter.
• The fact that expenses are authorized does not guarantee either the payment of Benefits or the amount of Benefits. Eligibility for and payment of Benefits are subject to all the terms, conditions, provisions and exclusions herein.
• For Inpatient stays of any kind, the Claims Administrator will authorize a limited number of days of confinement. Additional days of Inpatient confinement may later be authorized if the Covered Personreceives prior approval.

Currency - The monetary limits and Premiums stated in this cover are in US dollars. Benefits may be paid in local currency equivalents.

Notice- Any notice to the User shall be sent by registered mail and addressed to the mailing address on file with Miles upperClub on the date the notice is mailed. Notwithstanding the foregoing, Miles upperClub and the User may agree to electronic means of notice in which case any notice to the User shall be transmitted to the electronic address on file with Miles upperClub on the date the notice is sent. It is the responsibility of the User to advise Miles upperClub of any change in mailing address or electronic address.

Complaints Procedure- Complaints relating to claims should be notified to the Claims Administrator in the first instance.

• ClickHelpNet, LLC
• 55 NE 5th Avenue, Suite 501
• Boca Raton
• FL 33432
• USA
• Email: claim@clickhelpnetwork.com
• Tel: +1-866-894-8585

Any complaints which do not relate to claims should be notified to:

• novae Care & Connect Inc.
• 55 NE 5th Ave, Suite 501
• Boca Raton
• FL 33432
• USA
• Email: claim@clickhelpnetwork.com
• Tel: +1-866-894-8585

A written response will be provided to the Covered Person within fourteen (14) days.

Misrepresentation and Fraud Miles upperClub rely on the statements made by the Covered Person on the Claimant's Statement and in connection with the submission of any claim hereunder in determining whether or not and to what extent Benefits under this may be payable. Any misstatement, concealment or fraud in the making of any claim hereunder shall render this cover null and void and all claims hereunder shall be forfeited, in addition to any and all other remedies available to the Claims Administrator.

Proof of Claim - When the Claims Administrator receives notice of a claim, they will provide the Covered Person with forms for filing Proof of Claim. The following is considered to be Proof of Claim:

• A completed and signed Claimant's Statement and Authorization form, together with any/all required attachments; and
• Original itemized bills; and
• Original receipts for any expenses that have already been paid by or on behalf of the Covered Person.

Subsequent to receipt of Proof of Claim, the Claims Administrator may, at their sole discretion, request and require additional information, including but not limited to medical records, necessary to confirm the validity of any claim under Section I prior to payment thereof.

Appealing a Claim

• Time Limit: In the event the Claims Administrator denies all or part of a claim under this cover, the Covered Person shall have sixty (60) days from the date the notice of denial was mailed to the Covered Person's last known address, to file a written appeal with the Claims Administrator. The written appeal must include sufficient information to identify the claim under appeal and must specify the reason(s) for the appeal with supporting documentation, if applicable.
• Appeal Procedure: Within thirty (30) days of the Claims Administrator's receipt of the appeal, the Claims Administrator will review the claim. A written response will be forwarded to the Covered Person.

Legal Actions - No action of law or equity may be brought to recover Benefits under this cover until sixty (60) days after written Proof of Claim, as herein defined, has been provided to the Claims Administrator. No such action may be brought after the end of two (2) years after the time that written Proof of Claim, as herein defined, is required to be furnished.

Waiver of Rights - In the event that Miles upperClub do not enforce or require compliance with any provision herein, this will not invalidate, modify or render such provision unenforceable at any other time, whether or not the circumstances are the same.

Claims Cooperation - The Covered Person and their Physician(s), Hospital(s) and other Medical Providers shall cooperate fully with the Claims Administrator including granting full right of access to all related medical documentation, reports and evidence. The Claims Administrator may deny coverage for any claim where there has been a refusal or material failure to so cooperate.

Assignment - The Covered Person may assign Benefits under this cover to a Hospital, Physician or other Medical Provider. Any assignment shall not confer upon such Hospital, Physician or other Medical Provider, any right or privilege granted to the Covered Person under this cover except for the right to receive Benefits, if any, which are determined to be due and payable hereunder. No Hospital, Physician or other Medical Provider shall have any direct or indirect claim or right of action against the Claims Administrator orupperClub.

Claims Assistance - Every attempt will be made to help Covered Person understand the Benefits provided by this cover, however, any statement made by an employee of the Claims Administrator will be deemed a representation and not a warranty. Actual Benefit payment can only be determined at the time a claim is submitted and all facts are presented in writing. If a definite answer to a specific question is required, the Covered Person can submit a written request, including all pertinent information and a statement from the attending Physician (if applicable), and a written reply will be sent to the Covered Person and kept on file.

Affordable Care Act - Important Notice to US Citizens/Residents regarding the Patient Protection and Affordable Care Act: This cover is not subject to, and does not provide certain of the cover Benefits required by the United States' Patient Protection and Affordable Care Act ("ACA"). This cover does not provide, and Miles upperClub does not intend to provide, minimum essential coverage under ACA. In no event will Benefits be provided in excess of those specified in this cover. This is short-term limited duration travelbenefit that only provides coverage for Trips of up to 120 days. The Covered Person should consult their attorney or tax professional to determine if ACA's requirements are applicable to them.

SERVICE MODEL

At the time of requesting any type of protection, the Miles upperClub User must communicate through alle, our interactive contact tool, using their preferred channel such as chat or voice: Through these channels, you can also present the documentation and/or proof of the case, if necessary.

If the Miles upperClub Users coverage includes some type of compensation, it will be reflected in the Users "Miles Ahead" Digital Card account.

Once the compensation has been processed, the Miles upperClub partner will receive a confirmation email after the transaction, as well as a detailed description of that compensation.

GLOSSARY

Accident: A sudden, unintentional and unexpected occurrence caused by external, visible means and resulting in physical Injury to the Covered Person. The cause or one of the causes of such Accident is external to the Covered Person's own body and occurs beyond the Covered Person's control.

Accidental Death: Death of the Covered Person resulting from an Accident.

Act of Terrorism: For Section I and Section III: 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 purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.

For Section II: An unlawful act, including the use of force or violence, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s), committed for political, religious or ideological purposes including the intention to influence any government and/or to put the public in fear for such purposes.

AIDS: Acquired Immune Deficiency Syndrome as that term is defined by the United States centres for Disease Control.

ARC: AIDS-Related Complex as that term is defined by the United States centres for Disease Control.

Amateur Athletics: A sport or other athletic activity that is organized and/or sanctioned, involving regular or scheduled practices and/or regular or scheduled games. This definition does not include athletic activities that are non-contact and engaged in by a Covered Person solely for recreational, entertainment or fitness purposes and not for a wage, reward or profit.

Benefits: The Eligible Expenses which may be paid under this cover.

Claims Administrator: the entity stated as such at the start of this Evidence of Cover.

Claims Excess: The Dollar amount of Eligible Expenses specified in the cover that the Covered Person must pay before Benefits are paid hereunder.

Common Carrier: A licensed mode of public transportation.

Consultant(s): The consultant appointed by the Claims Administrator.

Contact Sports: A sport or other athletic activity that necessarily involves physical contact with opposing players as part of normal play. Contact Sports include, but are not limited to, American football, boxing, ice hockey, rugby, soccer, and wrestling.

Covered Person: A person who meets the Eligibility requirements stated in Part 1 – Coverage Provisions.

Custodial Care: That type of care or service, wherever furnished and by whatever name called, that is designed primarily to assist a Covered Person in performing the activities of Daily Living. Custodial Care also includes non-acute care for the comatose, semi-comatose, paralyzed or mentally incompetent patients until they are fit to return home.

Daily Living: A twenty-four (24) hour period during which a Covered Person engages in normal daily activities including but not limited to eating, drinking and washing.

Delivery: Procedures concerning childbirth.

Dental Treatment: Treatment of the teeth and gums.

Dependent Child(ren): The individual Users child who meets all of the following conditions:

• is unmarried;
• is a natural child, legally adopted child, or a child who has been placed under the legal guardianship of the User;
• has not yet reached their 19th birthday. The age requirement is waived if the child is at least 19 years of age and not yet 25 years of age, is dependent on the individual User for support, and is a Full-time Student who resides with the individual User. The age requirement is also waived for any mentally retarded or physically handicapped child who is incapable of self-sustaining maintenance, provided the child suffered such incapacity prior to attaining 19 years of age. Proof of incapacity must be furnished to the Claims Administrator, and additional proof may be required from time to time.

The term Dependent Child(ren) does not include the following: a person who is emancipated from the User; any person who is on active duty with any military, and/or any person who is covered hereunder as an individual User.

Dependent Parent(s): The natural or adopted mother and/or father of the User who is wholly dependent on the User for support.

Durable Medical Equipment: A standard basic hospital bed and/or a standard basic wheelchair.

Educational or Rehabilitative Care: Care for restoration (by education or training) of one's ability to function in a normal or near normal manner following an Illness or Injury. This type of care includes, but is not limited to, vocational or occupational therapy and speech therapy.

Eligible Expenses: Expenses for services and supplies which are covered under this cover.

Eligible Spouse: An individual who is married to the User. The marriage must have met all of the requirements of a valid marriage contract in the jurisdiction of the marriage of the individuals. The term Eligible Spouse does not include the following: a person who is legally separated or divorced from the User, any person who is on active duty with any military, and/or any person who is covered hereunder as an individual User.

Emergency: A medical condition manifesting itself by acute signs or symptoms which could reasonably result in placing the Covered Person's life in danger if medical attention is not provided within twenty-four (24) hours.

Emergency Room: That part of a Hospital designated for the immediate care of Emergency medical conditions.

Enforced Political Evacuation: The evacuation of Covered Person(s) from the Country in which they are visiting/staying as a result of an Evacuation Advisory triggered by a Political Event for travel being any journey outside of the Covered Persons Home Country.

Evacuation Advisory: An instruction issued to the Covered Person by a civil or military authority of the Covered Person’s Home Country to the effect that the Covered Person should evacuate from the country in which the Covered Person is situated.

Extended Care Facility: An institution, or a distinct part of an institution, which is licensed as a Hospital, Extended Care Facility or rehabilitation facility by the jurisdiction in which it operates; and is regularly engaged in providing twenty four (24) hour skilled nursing care under the regular supervision of a Physicianand the direct supervision of a Registered Nurse; and maintains a daily record on each patient; and provides each patient with a planned program of observation prescribed by a Physician; and provides each patient with active treatment of an Illness or Injury. Extended Care Facility does not include a facility primarily for rest, the aged, Substance Abuse treatment, Custodial Care, nursing care or for care of Mental Health Disorders or the mentally incompetent.

Family: All Relatives of a User.

Full-time Student: A person who is enrolled in and regularly attends an accredited college or university or other educational institution, but not including colleges, universities or other educational institutions operated primarily via the internet, for the minimum number of credit hours required by the accredited college or university or other educational institution in order to maintain Full-time Student status.

Gadgets: Mobile/smartphones, tablet computers, laptops, computers, smart watches, satellite navigation systems (GPS), Personal Digital Assistants (PDAs), games consoles (including handheld consoles) and all accessories for these items.

HIV+: Laboratory evidence defined by the United States Centers for Disease Control as being positive.

Home Country: The country where the Covered Person resides permanently.

Hospital: A place that is legally licensed for the purpose of providing medical or surgical care and treatment to sick or injured people in the country in which it is located. Hospital does not mean a long-term care facility, spa, hydroclinic, sanatorium, nursing home for the aged or any other facility which is not a Hospital.

Host Country: The country being visited by the Covered Person, or where the Covered Person resides temporarily. Host Country does not include the Covered Person’s Home Country.

Illness: A sickness, disorder, pathology, abnormality, ailment, disease or any other medical, physical or health condition. Illness does not include learning disabilities, attitudinal disorders or disciplinary problems.

Injury: Identifiable physical harm to the body caused by an Accident that requires medical treatment.

Inpatient: A patient who occupies a Hospital bed for more than twenty-four (24) hours for medical treatment and whose admission was recommended by a Physician.

Intensive Care Unit: A Cardiac Care Unit or other unit or area of a Hospital hat meets the required standards of the Joint Commission on Accreditation of Hospitals for Special Care Units.

lnvestigational, Experimental or for Research Purposes: Terms used to describe procedures, services or supplies that are by nature or composition, or are used or applied, in a way which deviates from generally accepted standards of current medical practice.

Kidnap and Ransom: Unlawful detention of a Covered Person against their will, whether hijacked, kidnapped or detained, by any person or persons not known to him/her.

Medical Provider: A Hospital, Physician or other person or organization which provides medical services and/or supplies.

Medically Necessary: A service or supply which is necessary and appropriate for the diagnosis or treatment of an Illness or Injury based on generally accepted current medical practice as determined by the Claims Administrator. A service or supply will not be considered Medically Necessary if it is provided only as a convenience to the Covered Person or Medical Provider, and/or is not appropriate for the Covered Person'sdiagnosis or symptoms, and/or exceeds in scope, duration or intensity that level of care which is needed to provide safe, adequate and appropriate diagnosis or treatment of an Illness or Injury.

User: An individual who meets the Eligibility requirements stated under Part I but who is not an Eligible Spouse, Dependent Child or Dependent Parent.

Mental Health Disorder: A mental or emotional disease or disorder which generally denotes a disease of the brain with predominant behavioural symptoms; or a disease of the mind or personality, evidenced by abnormal behaviour; or a disorder of conduct evidenced by socially deviant behaviour. Mental Health Disorders include but are not limited to: psychosis, those psychiatric Illnesses listed in the current edition of the diagnostic and Statistical Manual for Mental Disorders of the American Psychiatric Association.

Newborns: Babies under the age of one month.

Outpatient: A Covered Person who receives Medically Necessary treatment by a Physician for Injury or Illness that does not require overnight stay in a Hospital.

Physician: A doctor of Medicine (MD), doctor of Dental Surgery (DDS), doctor of Dental Medicine (DDM) or a licensed Physical Therapist or Physiotherapist. Physician does not include a doctor of Chiropractic (DC), a doctor of Osteopathy (DO), a doctor of Psychology (Ph.D.), a doctor of Psychiatry (Psy.D.) or any other degree or designation. A Physician must be currently licensed by the jurisdiction in which the services are provided, and the services provided must be within the scope of that license. A Physician must be a person other than the Covered Person, the Covered Person's Relative, or one who ordinarily resides with the Covered Person.

Political Event: means an incident that may lead to a loss arising out of an:

• Act of Terrorism
• "Sabotage": Sabotage shall mean wilful physical damage or destruction perpetrated for political reasons by known or unknown person(s).
• "Riots": Riots shall mean any act committed in the course of a disturbance of the public peace (where such disturbance is motivated by political reasons) by any person taking part together with others in such disturbance or any act of any lawfully constituted authority for the purpose of suppressing or minimizing the consequence of such act.
• "Strikes": Strikes shall mean any wilful act of any striker or locked-out worker in the furtherance of a strike or in resistance to a lock-out or any act of any lawfully constituted authority for the purpose of suppressing or minimizing the consequence of such act.
• "Civil Commotion": Civil Commotion shall mean the same as Riots as defined in this Cover.
• "Malicious Damage": Malicious Damage shall mean all physical loss or physical damage resulting directly from an act(s) by anyone during a disturbance of the public peace where such malicious act is perpetrated for political reasons by known or unknown person(s).
• "Insurrection, Revolution and Rebellion": Insurrection, Revolution and Rebellion shall mean a deliberate, organized and open resistance, by force and arms, to the laws or operations of a sovereign government, committed by its citizens or subjects and/or a rising against a sovereign government or other authority.
• "Mutiny": Mutiny shall mean a wilful resistance by Users of legally armed or peace-keeping forces to a superior officer.
• "Coup d’état": Coup d’état shall mean the sudden, violent and illegal overthrow of a sovereign government or any attempt at such overthrow.
• "Civil War": Civil War shall mean an internecine war, or a war carried on between or among opposing citizens of the same country or nation.

Pre-existing Condition: (1) Any condition for which medical advice, diagnosis, care, or treatment (includes receiving services and supplies, consultations, diagnostic tests or prescription medicines) was recommended or received during the two (2) years immediately preceding the Effective Date of Coverage for any covered Trip; (2) condition that had manifested itself in such a manner that would have caused a reasonably prudent person to seek medical advice, diagnosis, care, or treatment (includes receiving services and supplies, consultations, diagnostic tests or prescription medicines) within the two (2) years immediately preceding the Effective Date of Coverage for any covered Trip; (3) Injury, Illness, disease, or other physical, medical, mental, or nervous conditions, disorder or ailment (whether known or unknown) that, with reasonable medical certainty, existed within the two (2) years immediately preceding the Effective Date of Coverage for any covered Trip.

Pregnancy: The physical condition of being pregnant.

Principal Residence: The location where the Covered Person, ordinarily resides, not including locations in the Host Country.

Professional Sports: A sporting activity undertaken for wage, reward or profit.

Proof of Claim: A completed and signed Claimant's Statement and Authorization form, together with any/all required attachments, original receipts for any expenses which have already been paid by or on behalf of the Covered Person, and any other documentation that is deemed necessary by the Claims Administrator. For claims under Section I the original itemized bills must be from Physicians, Hospitals and other Medical Providers.

Public Transport: Any type of transport which conveys Users of the public including, but not limited to, coach, bus, train and aircraft.

Registered Nurse: A graduate nurse who has been registered or licensed to practice by the local authority Board of Nurse Examiners or any other authority, and who is legally entitled to place the letters "RN" after his or her name.

Relative: Biological or stepparent or grandparent; biological or stepchild or grandchild; Eligible Spouse;biological or stepsibling; parent, children, or sibling in law; aunt, uncle or cousin; fiancé or betrothed individual.

Routine Physical Exam: Examination of the physical body by a Physician for preventative or informative purposes only, and not for the diagnosis or treatment of any condition.

Scheduled Trip: A Trip which has been booked in advance.

Sexually Transmitted Diseases: Syphilis, gonorrhoea, lymphogranuloma venereum, chancroid, granuloma inguinale, chlamydiosis, pelvic inflammatory disease, trichomoniasis, genital candidiasis, genital herpes, genital warts, amebiasis, viral hepatitis, scabies, crab lice, cervical dysplasia, and bacterial vaginitis.

Substance Abuse: Alcohol, drug or chemical abuse, overuse or dependency.

Surgery: An invasive diagnostic procedure, or the treatment of Illness or Injury by manual or instrumental operations performed by a Physician while the patient is under general or local anaesthesia.

Trip: The period of time within the Usership Period beginning on the Effective Date of Coverage for a Covered Person and ending on the Termination Date of Coverage for a Covered Person as Part 1 – Coverage Provisions.

Unattended: Not in the Users direct sight and control.

Usual, Reasonable and Customary: The most common charge for similar services, medicines or supplies within the area in which the charge is incurred, so long as those charges are reasonable. What is defined as Usual, Reasonable and Customary charges will be determined by the Claims Administrator. In determining whether a charge is Usual, Reasonable and Customary, the Claims Administrator may consider one or more of the following factors: the level of skill, extent of training, and experience required to perform the procedure or service; the length of time required to perform the procedure or services as compared to the length of time required to perform other similar services; the severity or nature of the Illness or Injury being treated; the amount charged for the same or comparable services, medicines or supplies in the locality; the amount charged for the same or comparable services, medicines or supplies in other parts of the country; the cost to the Medical Provider of providing the service, medicine or supply; such other factors as the Claims Administrator in the reasonable exercise of discretion, determine are appropriate.

PRIVACY NOTICE

This Privacy Notice is intended to describe how Novae Care & Connect Inc. (“Novae Care” or “we” or “us”) collects, uses, and shares Personal Data that you submit to us and that we collect through our website http://www.wearenovae.com the My Rewards mobile applications available through the Apple Store and Google Play, and related online services (collectively, the “Services”). The notice also gives you choices about the collection and use of your information. 

This Privacy Notice applies to anyone accessing our Services (collectively, “you” or “users”), including visitors to our website or apps (“Visitors”) as well as customers who create an account through the Services for loyalty and rewards program management and related services (“Registered Users”). 

Please read this notice carefully before you use our Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us, meet any eligibility requirements in the Terms & Conditions, and agree to be bound and abide by the Terms & Conditions and this notice. If you do not agree to the Terms & Conditions and this notice, or if you violate them in any way, your right to access or use the Services is terminated. We may revise and update this notice from time to time at our sole discretion. Where appropriate, we may provide advance notice of an update. You agree that we may provide notice of updates by posting a new notice on the Services and that your subsequent use of the Services constitutes agreement to the updated policy. 

1. 1. PERSONAL DATA WE COLLECT 

As described in this Privacy Notice, we may collect certain Personal Data from or about you in connection with your use of, or your submissions to, the Services. You are not required to provide all Personal Data identified in this Privacy Notice; however, please be advised that if you do not provide the Personal Data requested, we may be unable to provide some or all of the Services to you. 

1.1 Personal Data 

We may collect information including your name, address, telephone number, email address, and passwords. We may also collect certain information related to your travel and event bookings when you redeem rewards, which may include date of birth, country of residence, nationality, government-issued identification information (e.g., passport country, number and expiration), and details of travel reservations and arrangements used in connection with our Services. We may facilitate or be notified of payment transactions on your behalf but do not store cardholder data, such as credit card numbers. 

1.2 Special Categories of Personal Data 

We generally do not collect or require special categories of Personal Data (e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health information, biometric data, or sexual orientation), in order to access our Services. In the event we may need to collect data that would constitute special categories of Personal Data in order to provide a specific service to you, we will obtain your consent as required by law.

1.3 Cookies and Similar Technologies 

We may collect certain Personal Data using cookies and other technologies, such as web beacons, device IDs, geolocation, HTML5 local storage, Flash cookies, and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, marketing and advertising. When you visit the Services, our systems may automatically collect additional data about your device, including information about your web browser, IP address, and time zone. Additionally, as you use the Services, we may collect information about the individual web pages or products that you view, what websites or search terms directed you to the Services, and information about how you interact with the Services. The “Use of Cookies and Similar Technologies” section of this Privacy Notice contains more information and options to control or opt-out of certain data collection or uses related to cookies and similar technologies. 

1.4 Anonymous Data 

We may create de-identified or anonymous data from Personal Data by removing data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you or through obfuscation or through other means. Our use of anonymized data is not subject to this Privacy Notice.

2. 2. HOW WE COLLECT PERSONAL DATA

We may collect Personal Data as follows: 

2.1 Account Creation and Interactions with our Services 

We may collect Personal Data, such as your name, email address, username and password and other information you specifically provide to us when you create an account or otherwise use our Services. If you choose to sign up, log into, access, or otherwise connect to the Services through a social media or other third-party account (e.g. Facebook) (“Social Media Network”), we may collect Personal Data that you have provided to that Social Media Network, such as your user ID and/or user name associated with that Social Media Network, and any information or content you have permitted the Social Media Network to share with us, as well as information you have made public in connection with your Social Media Network account. If you want to control or limit sharing data from Social Media Networks, you should adjust the privacy settings on your Social Media Network account. 

2.2 Communications with us and Submissions to the Services 

We collect Personal Data, such as your name, email address, and other contact information, when you communicate with us, including when you email or call us, submit information through the Services, and when you sign up to receive emails or other information or materials. 

2.3 Online Communities and Forums 

We may collect Personal Data when you engage with our online communities, blogs, and forums, including any information you may provide through your interaction with or participation in our social media pages and groups. Please note that online forums may be publicly accessible, and other users may view the information you post in the forums. We encourage you to exercise care in deciding what information and content you wish to disclose on the areas of the Services that are accessible to the general public. Public forums provided by our Services are not permitted for users under 18 years of age. 

2.4 Program Partners, other Third Parties, and Publicly Available Sources 

We may obtain certain data about you from third-party sources, as well as publicly available sources, in order to help us provide and improve the Services and to offer you more personalized Services. For example, we may receive certain data from our featured partners (“Program Partners”) in order to verify your identity and eligibility to participate in certain programs and utilize the Services. We may combine your Personal Data with data we obtain from our Services, other users, or third parties to enhance your experience and improve the Services. 

2.5 Cookies and Other Tracking Technologies 

We may collect certain Personal Data using cookies and other technologies, such as web beacons, device IDs, geolocation, HTML5 local storage, Flash cookies, and IP addresses, as further described in this Privacy Notice. The “Use of Cookies and Similar Technologies” section of this Privacy Notice contains more information and options to control or opt-out of certain data collection or uses. 

3. 3. USE OF COOKIES AND SIMILAR TECHNOLOGIES 

The Services may use cookies and similar technologies to improve user experience, for performance and analytics, and to improve our content and Services. We may also use cookies and similar technologies for purposes of marketing and advertising. Where required by law, we allow users to give explicit permission or to deny the use of certain categories of cookies.

A “cookie” is a small text file that a web server stores in browser software. A browser sends cookies to a server when the browser makes a connection to the server (e.g. when requesting a web page from the same domain that created the cookie). The purpose of cookies is to remember the browser over time and distinguish one browser instance (or user) from all others. Some cookies and other technologies may serve to track Personal Data previously entered by a user on our Services. Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them. Cookies can remember login information, preferences, and similar information. 

Cookies, as well as other tracking technologies, such as HTML5 local storage, and Local Shared Objects (e.g. “Flash” cookies), and similar mechanisms, may record information such as a unique identifier, the information you enter in a form, your IP address, and other categories of data.

We may also use web beacons or “pixels,” and in certain circumstances may collect IP address, screen resolution and browser software and operating system types, clickstream patterns, dates and times that our Services is accessed, and other categories of data.

If you wish to block the use and saving of cookies from the Services on to the computer’s hard drive, you should take the necessary steps within your web browser’s settings to block all cookies from the Services and its external serving vendors, (or use the cookie control system, if provided to you upon your first visit). Please note that if you choose to erase or block your cookies, certain parts of our Services may not function correctly. For information on how to disable cookies, refer to your browser’s documentation. 

4. 4. HOW WE USE THE COLLECTED DATA 

We may use Personal Data for a variety of different purposes as set out in further detail in this Privacy Notice. In some cases, we may ask for express consent to process your Personal Data. In certain circumstances, applicable data protection laws may allow us to process Personal Data without needing to obtain consent. Subject to applicable law, the purposes for which we may use and process Personal Data, and the legal basis for such processing, are set forth below.

4.1 For the Performance of a Contract 

We may use Personal Data to perform our contractual obligations to you, including to fulfill your request for Services, to contact you in relation to any issues with the Services, where we need to provide your Personal Data to our service providers in relation to the Services or to take steps in response to information or inquiries you may submit prior to entering into a contract or agreement with us. 

4.2 To Comply with Legal Obligations 

We may use Personal Data to comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process. 

4.3 Legitimate Interests 

We may use Personal Data in order to operate and provide the Services, other than in performing our contractual obligations to you, for our “legitimate interests” for the purposes of applicable law, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Legitimate interests may include: 

• To maintain, provide and improve the Services, including the administration of the rewards programs and to better tailor the features, content, performance, security, and support of our Services and for technical support;
• To communicate with you regarding the Services and to address and respond to your requests, inquiries, and complaints; 
• To protect the confidentiality or security of information;
• For our direct marketing purposes and to send surveys in connection with the Services; 
• For fraud, loss, and other crime prevention purposes, to assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third parties;
• To enforce our Terms & Conditions, this Privacy Notice, or agreements with you or third parties; 
• To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process; and 
• Subject to applicable contractual or legal restrictions, in connection with a contemplated reorganization or an actual reorganization of our organization. 

4.4 To Protect Data Subjects’ 

Vital interests. 

4.5 We May Use Personal Data 

Where we believe it is necessary to protect the vital interests of you or another person. 

4.6 Additional Purposes 

In some cases where we are not already authorized to process the Personal Data under this Privacy Notice and applicable law, we may ask for additional consent to process your Personal Data.

5. 5. HOW WE MAY DISCLOSE DATA 

We may disclose Personal Data as described in this Privacy Notice, including: 

5.1 Affiliates 

We may disclose some or all of your Personal Data to our subsidiaries, joint ventures, and other companies under our common control (collectively, "Affiliates"), for the purposes described in this Privacy Notice. Where we share Personal Data with our Affiliates, we will require our Affiliates to honor this Privacy Notice. 

5.2 Service Providers and Business Partners 

We may engage third parties to perform certain functions on our behalf. To do so, we may disclose Personal Data to our third-party business partners, as well as service providers and vendors, in order to operate, improve, and personalize the Services, including to administer rewards programs. We may also share Personal Data for other technical and processing functions, such as sending e-mails on our behalf or on behalf of our Program Partners, fulfilling orders, technical support, for analytics, and for marketing and advertising purposes. Where we share Personal Data with our Service Providers and Business Partners, we will require them to honor this Privacy Notice. 

5.3 Program Partners 

Where you have agreed to participate in a particular program, or where you have provided or requested information regarding a particular product or service offered by our Program Partners, we may share certain Personal Data with those Program Partners. For example, when you create an account through the Services, we may share certain information with our Program Partners to verify your identity and eligibility to participate in certain rewards programs and utilize the Services. In addition, when you redeem rewards, we may share certain data with Program Partners in order to complete your transaction. 

5.4 Pursuant to Legal Process 

We may also disclose Personal Data to comply with applicable laws and regulations, to respond to a subpoena, a search warrant, or other lawful request for information we receive, or as otherwise pursuant to legal process. 

5.5 Protection of Rights and Interests 

We may also use and disclose Personal Data to establish or exercise our legal rights, to enforce our Terms & Conditions, this Privacy Notice, or agreements with you or third parties, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person. 

5.6 Business Transactions 

Subject to applicable law, we reserve the right to transfer some or all Personal Data in our possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale or transfer of all or a portion of our assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction. If any such transaction occurs, the purchaser will be entitled to use and disclose the Personal Data collected by us in the same manner that we are able to, and the purchaser will assume the rights and obligations regarding Personal Data as described in this Privacy Notice. 

6. 6. DO-NOT-TRACK 

Some browsers support the configuration of a Do-Not-Track (DNT) signal that a user may activate to notify websites that the user does not wish to be “tracked” by third parties in connection with the web browsing activities. We do not support the use of DNT signals and handle all Personal Data consistent with our Terms & Conditions and this Privacy Notice. 

7. 7. SOCIAL NETWORK WIDGETS 

Our Services may include social network sharing widgets that may provide information to their associated social networks or third parties about your interactions with our web pages that you visit, even if you do not click on or otherwise interact with the plug-in or widget. Information may be transmitted from your browser or device and may include an identifier assigned by the social network or third party, information about your browser type, operating system, device type, IP address, and the URL of the web page where widget appears. If you use social network tools or visit social networking sites, we encourage you to read their privacy disclosures, to learn what information they collect, use, and share. 

8. 8. LINKS TO OTHER SITES 

Our Services may contain links or otherwise provide access to another website, mobile application, or Internet location (collectively “Third-Party Sites”). For example, when you redeem your rewards to make a travel reservation or booking, you are providing information (including Personal Data) directly to third parties to complete the reservation. Please note that we have no control over and are not responsible for Third-Party Sites, their content, or any goods or services available through the Third-Party Sites. Our Privacy Notice does not apply to Third-Party Sites.We encourage you to read the privacy policies of any Third-Party Site with which you choose to interact, including any Third-Party Sites utilized for event registration or travel bookings.

9. 9. DATA SUBJECT RIGHTS 

Users in various states or countries (e.g. California, European Economic Area (“EEA”) have certain rights under applicable data protection law, including the right to make certain requests about the Personal Data we maintain about them, and who we disclose it to. 

9.1 Request Access 

You may have the right under applicable law to request a copy of your Personal Data including: (1) The categories of Personal Data we collected about you; (2) The categories of sources from which the Personal Data is collected; (3) The business or commercial purpose for collecting or selling the Personal Data; (4) The categories of third parties with whom we share Personal Data; and (5) The specific pieces of Personal Data we have collected about you. We may be required to provide a portable copy of your data, where practical, so it can be transmitted to another service provider.

9.2 Request Modification or Rectification, or Deletion

You may have the right to request access to, modification of, or deletion of your Personal Data we maintain (subject to certain exceptions). Registered Users may be able to make certain changes to their Personal Data by logging into their account and updating their profile information. 

9.3 Request Restriction of Processing 

You may have the right to request that we restrict the processing of your Personal Data in certain circumstances, such as where you believe that the Personal Data we hold about you is inaccurate or our processing is unlawful. 9.3 Object to Processing In certain circumstances, you may have the right to request that we stop processing your Personal Data, such as a request to stop sending you direct marketing communications. To opt-out of direct marketing communications, please see the instructions in the “Withdrawing Your Consent” section of this Privacy Notice. 

9.4 Lodge a Complaint 

You may have the right to lodge a complaint with a supervisory authority. To exercise your rights, you may contact us at privacy@wearenovae.com. We will respond as required by applicable law and as otherwise deemed appropriate in our reasonable discretion under the circumstances. Where permissible, we may charge reasonable fees to facilitate your request. We do not discriminate against users who exercise such rights, and do not offer financial incentives in connection with the exercise of such rights. To protect your privacy and security, we may take steps to verify your identity in order to respond to your request.

10. 10. CALIFORNIA PRIVACY RIGHTS 

Under Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of Personal Data (as defined by California law) the business shares with third parties for those third parties’ direct marketing purposes, and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To exercise your rights, you may make one request each year by emailing us at privacy@wearenovae.com with "Request for California Privacy Information" in the subject line and in the body of your message. Be sure to provide in the request sufficient information to properly identify you and/or the members of your family. 

To the extent we sell or share your Personal Data with third parties (excluding service providers, facilitating transactions, legal purposes and other such circumstances), you may have the right under California or other applicable laws to direct us not to do so. To exercise this right, please contact us at privacy@wearenovae.com. We will respond as required by applicable law and as otherwise deemed appropriate in our reasonable discretion under the circumstances.

11. 11. GENERAL DATA PROTECTION REGULATION

As part of the policies, it is obliged to comply with every one of the current legal requirements related to the protection of Personal data during the provision of services, which includes the regulations applicable in the place of origin, transfer or treatment of Personal Data, including compliance with the General Data Protection Regulation (GDPR) issued by the European Union, when applicable.

12. 12. WITHDRAWING YOUR CONSENT

Users in various states or countries (e.g., European Economic Area (“EEA”) may also be able to withdraw consent to use their Personal Data, and where such consent is the legal basis for processing your Personal Data, you may at any time withdraw your consent by contacting us at privacy@wearenovae.com. If you withdraw your consent or otherwise object to processing, or if you choose not to provide certain Personal Data, we may be unable to provide some or all of the Services to you. Also note that in many instances, we need your Personal Data to perform our contractual obligations to you and for our legitimate interests. We may in some instances be permitted by applicable law to keep or use your Personal Data even where you object, such as where there are compelling legitimate grounds that override your interests and rights, or where processing is necessary to establish, exercise, or defend legal claims. 

If you would like to stop receiving marketing or promotional messages, notifications, or updates from us, you may do so by following the unsubscribe instructions that appear in these email communications. Alternatively, you may contact us at privacy@wearenovae.com to opt-out of direct marketing. Registered Users may also be able to manage certain communications preferences by logging into their account and adjusting their account settings. Please be advised that you may not be able to opt-out of receiving certain service or transactional messages from us, including legal notices and certain communications related to the provision of the Services. 

13. 13. INFORMATION FROM CHILDREN UNDER 18 YEARS OF AGE 

We do not knowingly collect or store information received from individuals under the age of 18 years without parental consent. If you become aware that an individual under 18 years of age has provided us with Personal Data without parental consent, please contact us at privacy@wearenovae.com. If we become aware that an individual under 18 years has provided us with Personal Data without parental consent, we will take steps to remove the data as permitted and required by law. 

Note: Within our services and in accordance with the provision of the Terms and Conditions, we do not allow underage users to register. 

14. 14. INTERNATIONAL CONSIDERATIONS AND DATA TRANSFERS

We have developed data practices designed to assure information is appropriately protected but we cannot always know where Personal Data may be accessed or processed. While our primary data centers are in the United States. In addition, we may employ other companies and individuals to perform functions on our behalf. If we disclose Personal Data to a third party or to our employees outside of the United States, we will seek assurances that any information we may provide to them is safeguarded adequately and in accordance with this Privacy Notice and the requirements of applicable privacy laws. If you are visiting from the European Economic Area or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your Personal Data, including sensitive data, by us from your region to countries which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area, including the United States. By providing your Personal Data, you consent to any transfer and processing in accordance with this notice. 

If you use our Services to make travel arrangements or reservations on your behalf, we will transfer your Personal Data to third parties such as a booking agent, airline, hotel, travel insurance, or car rental service as reasonably necessary to facilitate your travel requests, and those parties may reside in another country. In such cases, your Personal Data will be subject to that entity’s own privacy practices. 

15. 15. DATA RETENTION

We will generally retain your Personal Data for as long as you maintain an account or subscription, for as long as is necessary to provide the Services, or for such longer period as may be required or otherwise permitted by applicable law. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We use the following criteria to set our retention periods: (i) the duration of our relationship with you; (ii) the purposes for processing your Personal Data and associated legal bases; (iii) the existence of a legal obligation as to the retention period; (iv) our contractual obligations; and (v) the advisability of retaining the information in light of our legal position (for example, in light of applicable statutes of limitations, litigation, or regulatory investigations).

16. 16. SECURITY 

We implement technical and organizational security measures designed to secure and protect Personal Data. Please note, however, we cannot fully eliminate security risks associated with the storage and transmission of Personal Data. Novae Care & Connect Inc. will comply with due diligence of the following items: 

16.1 Novae Care & Connect Inc. takes the legal, technical and organizational measures deemed necessary to maintain the security of your personal information, with due compliance of the corresponding obligations and exceptions, according with current legislation. 

16.2 Novae Care & Connect Inc. protects your personal information during its usage and storage, if the latter is necessary, with encryption methods, among other existing or future techniques that guarantee the security of the information. 

16.3 Novae Care & Connect Inc. revises its policies for collection, storage, and treatment of your personal data, including physical security measures to block unauthorized or fraudulent tampering, loss, consultation, usage or access of your personal information. 

16.4 Novae Care & Connect Inc. limits the access of contractors, agents and employees to the personal information that they must process. Only authorized employees of Novae Care & Connect Inc., its affiliates, subsidiaries and service providers will be able to access personal information in order to carry out their job duties. Novae Care & Connect Inc. ensures that these follow the strict confidentiality obligations, established in the contract and will hold them subject to contractual and legal consequences that said infringement can generate. 

17. 17. UPDATES TO THIS PRIVACY NOTICE 

We may update this Privacy Notice from time to time. The most recent version of the Privacy Notice is reflected by the version date located at the beginning of this Privacy Notice. We encourage you to review this Privacy Notice often to stay informed of how we may process your information. 

18. 18. CONTACT US 

For more information about our privacy practices, or if you have questions or concerns, please contact us by e-mail at privacy@wearenovae.com or by mail using the details provided below: 601 Brickell Key Dr., Suite 501, Miami, FL 33131.