Standard terms and conditions for the provision of travel security, identity theft and other information to Hiscox policyholders by Control Risks Group Limited
1. Interpretation and Application of Terms
1.1 The supply by Control Risks Group Limited ( ‘ the Company’) of its applicable travel security and other services ( ‘ the Services’) is made available to eligible Hiscox home contents policyholders (‘ the Client’) on these Terms and Conditions .
2. Services
2.1 The Company gives no warranty or guarantee that its advice and information will secure any specific result intended by the Client.
2.2 The Company will use all reasonable endeavours to ensure availability of the services. The Company reserves the right to make changes to the Services which are necessary to comply with statutory requirements or which do not materially affect the nature or quality of the Services. The Company reserves the right to prioritise access to the Services at any time, particularly in the case of a major crisis or emergency.
2.3 The Company grants the Client a non-exclusive licence to use the online services applicable to the Services whilst it remains an eligible Hiscox policyholder.
2.4 The Company will issue the necessary passwords to enable the Client to access the Services.
2.5 Reports, alerts and briefs and their subject matter are for the benefit of the Client only and may not be disclosed to any third parties without the prior written consent of the Company.
3. Intellectual Property
The Client acknowledges that the Company is the proprietor of all intellectual property in the Services.
4. Call Monitoring
The Company shall automatically record telephone calls to and from the Control Risks Operations Centre for the purpose of quality control and establishment of the facts.
5. Warranties and Liability
5.1 The Company warrants to the Client that the Services will be provided using reasonable care and skill .
5.2 Except in respect of death or personal injury caused by the Company’s negligence, or as expressly provided, the Company will not be liable for any implied warranty, condition or other term, or any duty at common law, for any of the following: loss of profit, or indirect, special or consequential loss, damage, costs, expenses or other claims
5.3 The entire liability to the Client in connection with the provision of the Services will not ( to the extent permitted by law ) exceed £ 25,000 per incident or series of connected incidents.
5.4 The Company shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Services if the delay or failure was due to any cause beyond the Company’s reasonable control.
5.5 The Company does not warrant or guarantee that the functions or services performed by any network will be uninterrupted or error free or that defects in the network will be corrected or that files available for down loading from a network or contained in a diskette or other computer media will be free of viruses or other code manifesting destructive properties.
5.6 Information provided by the Company is compiled from sources that the Company considers to be reliable or are expressions of its opinion. Whilst the Company has made every effort to ensure the accuracy of information, this is provided ‘as is’ and represents the best judgement of the Company in the circumstances prevailing at the time. To the fullest extent permitted by law, the Company expressly disclaims, on behalf of itself and all of its employees and agents, any and all warranties, express or implied, relating to the Services.
6. Termination
6.1 Either party may terminate the Agreement immediately upon written notice if the other party commits any continuing or material breach of any of the provisions of these terms and, in the case of such a breach which is capable of remedy, fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;
6.2 Either party’s right to terminate as provided under this clause shall not prejudice any other right or remedy it has in respect of the breach concerned (if any) or any other breach.
6.3 The Client may terminate the provision of the Services at any time by giving not less than 30 days written notice to the Company.
6.4 Upon termination of this Agreement, the Client shall cease to have any right to use any of the Services.
7. Identity Fraud advice
7.1 The Company will provide advice on request relating to :-
– when an individual is likely to become a target ;
– how to put in place measures to reduce the risk of identity fraud;
– how to identify when it is happening ;
– what to do when it is suspected that identity theft is occurring .
7.2 The Company can advise and assist the Client on how to resolve an incident of identity fraud but cannot undertake the work except as may be agreed expressly by the Company.
8. Emergency deployment of a consultant
8.1 Control Risks will deploy a consultant in the event of a potentially life threatening situation of a security nature affecting a Hiscox Household Policyholder or immediate family member. Deployment will be to any region of the UK and any other country worldwide, subject to the restrictions set out below. Deployment will occur in any situation of a security nature that poses a credible threat to life such as but not exclusively civil unrest, criminal or terrorist activity or emergency evacuation.
8.2 Policy holders will include any individual indicated by Hiscox as being covered under a home contents policy. Control Risks will also provide services to any immediate family member of eligible policy holders to include: spouses or civil partners, children or step children, parents and any other person deemed by Control Risks to be an immediate family member of the policy holder.
8.3 Verification. Control Risks shall take reasonable steps to verify the validity of any claimant of Services under the Hiscox policy holder cover.
8.3.1 Control Risks shall question claimants to ascertain the name of the claimant and the name of the policy holder if different, also;
a The policy number if known, or
b The postcode of the primary address listed on the policy, and any other supporting identifying information such as full address, broker details, and documentation as is deemed reasonable to ascertain that a claimant is genuine.
8.4 In the case of a deployment being considered, callers may be informed that their call is being recorded and may be asked to state for the record that they are a policy holder or immediate family member and that they have a current policy. They will also have the terms and scope of a deployment explained to them and will be required to confirm their liability for all costs of a deployment should they not have the cover as claimed. In such a case, the recipient of the Services will reimburse the Company on request for all reasonable costs relating to the deployment.
8.5 Control Risks reserves the right to abbreviate or bypass verification in cases where an extreme risk makes this impracticable. In these circumstances critical advice and assistance will be rendered and verification steps will be undertaken as soon as is practicable.
8.6 Deployment. Control Risks will make the final decision whether to deploy any consultant(s) to Hiscox policy holders.
The following exclusions will apply and Control Risks reserves the right not to authorise deployment in the following situations:-
a To any part of any country that is rated as an extreme risk for either travel or security by Control Risks Information Services (CRIS). Changes in risk ratings will be published on a dedicated website made available to Hiscox and Hiscox policy holders.
b Where the policy holder or immediate family member of the policyholder is subject to detention, illegal or otherwise.
c Where the policy holder or immediate family member of the policyholder is involved in a child custody dispute.
d Where the policy holder or immediate family member of the policyholder is accused of any crime or is/has taken part in anti-government or other protest activity resulting in investigation by police or other agencies.
e Where the policy holder or immediate family member of the policyholder is undertaking any form of professional security or military activity or other risk considered to be in excess of normal business travel.
f To any part of any country where an official evacuation or relief effort is in place provided by the UK government or any other Government that is open to the policy holder and effected immediate family members.
g Repatriation for financial or medical reasons.
8.7 All cases will be considered on an individual basis and Control Risks will continue to provide appropriate assistance by telephone, email and any other means deemed necessary in any of the above situations where a deployment is not made.
8.8 Deployment will be undertaken as quickly as possible appropriate to the nature of the emergency but will be subject to elements outside of Control Risks control, including:-
a Provision of visas and other documentation required.
b Availability of scheduled travel services and tickets.
8.9 Limitations All costs of deployment will be met by Hiscox according to the terms of its agreement with the Company ( except as provided in clause 8.4 above) including : daily consultancy fees, travel, subsistence and accommodation expenses including VAT as applicable. Control Risks will not exceed 5 days (not including travel days) without obtaining prior authorisation from Hiscox.
9. General
9.1 Force majeure - Neither party shall be under any liability for any loss or any failure to perform any obligation under the Contract which is due to causes beyond its reasonable control (including, without limitation, the failure of any third party in connection with the provision of the Services, acts of God, war or military operations of any character or acts of government).
9.2 Waiver - Any failure by the Company to exercise (or any delay in exercising) a right or remedy provided by the Contract or by law does not constitute a waiver of the right or remedy or a waiver of any other rights or remedies available to the Company.
9.3 Notices - Any notice or other communication given shall be in writing and signed by or on behalf of the party giving it and may be served by delivering it personally or sending it by pre-paid recorded delivery or registered post (or registered airmail in the case of an address for service outside the United Kingdom) or fax to the address of the relevant party notified by that party to the other. Any such notice shall be deemed to have been received:
9.3.1 If delivered personally, at the time of delivery;
9.3.2 In the case of pre-paid recorded delivery or registered post, 48 hours from the date of posting
9.3.3 In the case of registered airmail, seven days from the date of posting; and
9.3.4 In the case of fax, at the time of transmission.
9.4 Governing law and jurisdiction – These terms shall be governed by and construed in accordance with the laws of England and any dispute arising under the Agreement shall be submitted to the exclusive jurisdiction of the Courts of England.
December 2006