Article 1 – Coverage

In consideration of payment of the required Premium and subject to the terms, exclusions, limits and conditions contained herein, Bolttech Insurance (Hong Kong) Company Limited (the "Company") shall indemnify the Policy Holder against Accidental Damage and Liquid Damage to the Mobile Device due to external causes as defined except where specifically excluded by this insurance.

Here below is Coverage Summary of this Accidental Damage and Liquid Damage Device Insurance:

*The Deductible will be collected by the Xiaomi Authorized Service Centre through the payment method available in Hong Kong and will be collected for each individual valid repair service.

Article 2 – Eligibility and Applicable Conditions

The Company acknowledges and agrees that at all material times of the Period of Insurance, the Policy Holder and the Insured Members have an insurable interest over the subject matter insured in this Policy, subject to the terms, conditions and exclusions expressly provided for in this Policy and in the absence of fraud or the occurrence of a significant change to the business of the Policy Holder (as such business is conducted at the inception of the Policy).

As a condition precedent to any liability under this Policy, the conditions for eligibility stated below must be satisfied.

To be eligible for application as an Insured Member under this Insurance (“Application of Membership”),

the Insured Member must be the owner of the insured Mobile Device;

the Insured Member must be a Hong Kong resident with the age of 18 or above;

at the time of enrolment to participate in this Policy as an Insured Member, the insured Mobile Device is within 60 days old from the date of original purchase as brand new from the manufacturer, a telecommunication network provider or retail store with original warranty from the manufacturer in Hong Kong (“Original Manufacturer’s Warranty”);

(i) the Insured Member has satisfactorily completed the application of this Insurance prior to the occurrence of any Accidental Damage of the insured Mobile Device;

(ii) the Insured Member has provided declaration on the age of the insured Mobile Device at the time of application. Copy of original purchase invoice of the insured Mobile Device will be required in case of Claim incurred; and

a) Protection Coverage for Mobile Device will commence on the date of Membership and expires 24 months thereafter.

b) Coverage will be voided, whether before or after the loss, if the Insured Member has concealed or misrepresented any material fact or circumstance concerning this Insurance or providing fraudulent information to the Company.

c) Change of insured Mobile Device in the Policy is not allowed during the Period of Insurance except for the change of device as a result of (i) replacement of the damaged Mobile Device covered under this Insurance; (ii) or where the Mobile Device received from the manufacturer being dead on arrival or (iii) the Mobile Device is replaced by the manufacturer due to non-repairable state of the Mobile Device under the relevant Original Manufacturer’s Warranty  

Article 3 – Insurance Term

This Insurance shall take effect from the commencement date as set out in Policy Schedule unless terminated in accordance with the following terms:

Termination of Insurance

A.  Either the Company or the Policy Holder may terminate this Insurance unilaterally by giving thirty (30) calendar days' prior written notice to the other party.

B. Either the Company or the Policy Holder may terminate this Insurance without notice, providing that both the Company and the Policy Holder agree in writing to such termination.

C.  The Company may terminate this Insurance immediately if the Policy Holder fails to pay the Premium.

Termination of Protection Coverage for Mobile Device

A. The Company may terminate the Protection Coverage for Mobile Device at any time by giving the Insured Member at least 7 days’ prior notice in writing to the Insured Member’s address or by email, and in accordance with the law, including where the Insured Member has:

(i)   made a misrepresentation in application of this Insurance;

(ii)  failed to comply with the duty of disclosure;

(iii) made a fraudulent claim under this Insurance

B. In the event that this Insurance is terminated, the Company will not accept any Application of Membership from the date of termination and no further Protection Coverage for Mobile Device will be offered. For the avoidance of doubt, the Application of Membership approved by the Company before the termination date will not be affected by such termination.

C.  The Company shall have no liability to the Insured Member in respect of any Claim for reimbursement or Services by the Insured Member which commenced on or after the termination date of this Insurance.

D. The Membership and the Protection Coverage for Mobile Device will be automatically terminated once the Claims Limit or Limit of Liability has been reached.

Article 4 – Definitions

"Accidental Damage": means physical breakage, destruction or failure of the insured Mobile Device due to sudden, unforeseeable, and unexpected event which causes physical damage to the insured Mobile Device and that prevents it from operating correctly. Accidental Damage extends to include damage as a result of the Mobile Device being in contact with water and other liquids.

"Beyond Economic Repair": means the state of Mobile Device where it is estimated that cost of a repair is greater than 100% of the Mobile Device’s Recommended Retail Price.

"Breakdown": means a sudden unforeseeable internal mechanical or electronic defect causing the actual breaking or burning out of a part causing the failure of the Mobile Device to operate as intended by the manufacturer.

“Burglary or Robbery”: means aggravated theft of the Mobile Device, without the Insured Member’s permission and with the intention of permanently depriving of the Mobile Device from the Insured Member by use of threat of force or violence.

"Claim": means a notice of claim made in accordance with the Claims Handling Conditions set forth in Article 7. 

"Claims Limit": means the maximum number of claims made under this Insurance during the Period of Protection Coverage for Mobile Device.

"Deductible": means the first amount of the loss which the Insured Member must pay to the Company if the Insured Member had a Claim and the Company will only be liable for the amount which is over and above, subject to other clauses under this policy. It applies to each loss or Claim.

“DOA” (Dead on Arrival) :  where a Mobile Device or Replacement Device (whichever is applicable), upon first use out of the box, is found to be completely inoperative;

"IMEI": means the International Mobile Equipment Identity which is a unique identifier assigned to each mobile device.

"Insurance / Insurance Plan / Policy": means the insurance cover provided under this Accidental Damage and Liquid Damage Device Insurance Policy.

"Insured Member(s)": Individual customers of the Policy Holder registered for this Insurance Plan and named in the written confirmation email of enrolment.

"Limit of Liability": means the maximum amount payable under this Insurance Plan during the Period of Protection Coverage.    

"Liquid Damage": means liquid damage caused by unintentional spills in or on the Mobile Device.

"Malicious Damage": means deliberate damage caused to the Mobile Device by any person or party.

“Mobile Device": means the Xiaomi mobile device described on the confirmation email issued to the Insured Member detailing the IMEI number, manufacturer and model details purchased by the Insured Member as brand new from the manufacturer with original warranty from the manufacturer registered under this Insurance Plan. In the case of provision of Replacement of the damaged Mobile Device under this Policy, Mobile Device shall mean the Replacement Mobile Device as set out in the endorsement denoting the change of Mobile Device to the Replacement Mobile Device.  

“Period of Insurance”: As set out in the Policy Schedule

"Policy Holder": means Xiaomi H.K. Limited

"Premium": means the sum of money that the Policy Holder agrees to pay to the Company in return for the entitlements and benefits to be provided to the Insured Members.

"Recommended Retail Price": means the manufacturer’s recommended retail price of the Mobile Device at the time the device is first listed in the market.

"Replacement Mobile Device": means the device to replace the damaged Mobile Device

"Service Provider": means a third party company (BOLTTECH DIGITAL INSURANCE BROKERAGE HONG KONG LIMITED ) appointed by the Company for administration of the Claims and Services provided under this Policy.   

Article 5 – Exclusions

In addition to Article 6 – General Exclusions below, this Insurance does not apply to any claim which is due to, based upon, arising from or directly or indirectly as a consequence of any of the followings:

a) The Deductible stated in the written confirmation email of enrolment to be borne by the Insured Member in respect of each and every occurrence giving rise to loss or damage covered under this Insurance.

b) Any loss or damage that is covered by the Original Manufacturer’s Warranty, repairer's warranty, or any other warranty in effect.

c) Any defects that are subject to manufacturer's recalls.

d) Any costs incurred as per the manufacturer's recommended routine maintenance, inspection, cleaning, lubrication, adjustments or alignments.

e) Non-operating and cosmetic items (including but not limited to damage such as crack or scratch mark on the back of the insured Mobile Device), or product finish, and any matter or damage not affecting the insured Mobile Device's normal operation or functionality; consumables, accessories used in or with the insured Mobile Device; audio and video external cables and cords; add on options incorporated.

f) Software (including operation system, mobile applications and stored data), defects resulting directly from software installation and or removal, computer virus, virus prevention, and other peripherals.

g) Any damage occurring after repairs made by non-authorized repairers or service centres to the insured Mobile Device.

h) External faults such as wiring, electrical connection, power voltage or current, realigning of signal receivers (poor reception).

i) Malicious Damage unless the incident having been reported to the police within twenty-four (24) hours of discovery.

j) Riot or strike.

k) Any Accidental Damage directly or indirectly caused by or attributable to:

(i)  any Breakdown, malfunction or Accidental Damage resulting from incorrect installation or re-installation, faulty software or programming, or otherwise not following the insured Mobile Device’s manufacturer's operating or guidance instructions;

(ii) wear and tear or gradual deterioration of the insured Mobile Device, or any damage that cannot be attributed to a single event;

(iii) humidity, sweat, corrosion, rust, condensation or evaporation, dampness, dust or change in         temperature, unless directly attributed to sudden and unforeseen Accidental Damage such as accidental contact with water or any other fluids;

(iv) any wilful act, misuse or negligent use of the insured Mobile Device by the Insured Member or anyone   authorized by the Insured Member to use the insured Mobile Device;

(v) any unlawful act committed or attempted by the Insured Member or by anyone authorised by the Insured Member to use the insured Mobile Device; or

(vi) as a result of any competitive professional sports activity; Professional sports mean sports in which athletes receive payment for their performance.

 l)  An act in contravention of a government prohibition or law.

m) Delay, confiscation, detention, destruction or requisition by Customs or Police or by the order of any Government or Public Body or Authority, whether as contraband, stolen goods or otherwise, or in consequence of illegal act or activity or otherwise.

n) Criminal Breach of Trust; and/or

o) The unforeseen loss of the Mobile Device during the Period of Protection Coverage caused by the Insured Member or any person authorized by the Insured Member to use their Mobile Device.

p) Pick pocketing, Burglary or Robbery loss of the Mobile Device

q) Theft by Deception.

r) Any loss or unexplained disappearance or misplacing of the Mobile Device.

s) Any additional cost incurred to the Insured Member in respect of:

(i) loss of value, loss of use, loss of information stored in memories, or any consequential loss (including        but not limited to any economic loss or other loss of turnover, profits, business, goodwill or expected        savings), except as set out elsewhere in this Insurance;

(ii) when repairing or replacing aerials, battery chargers or batteries where these items are the only part of the Mobile Device that have been damaged or stolen;

(iii) when replacing car kits or car phones and other accessories which can no longer be used with the       Mobile Device;

(iv) in returning the Mobile Device for repair or collecting the Mobile Device once it has been repaired;

(v) repairing or providing replacement Mobile Device where the damage to the Mobile Device is covered by the relevant Manufacturer's guarantee or warranty for either parts or labour;

(vi) Mobile Device being routinely serviced, inspected, adjusted or cleaned;

t) Any damage directly or indirectly caused by or attributable to:

(i) natural disasters, including (but not limited to) fire, flood, earthquake, storm, lightning, hurricane, tsunami or other natural disaster save and except to the extent such event results in Accidental Damage;

(ii) pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds.

u) Any damage where:

 (i) the Insured Member cannot present the damaged Mobile Device;

 (ii) the IMEI number cannot be identified and the nature of the damage does not substantiate damage to the IMEI number;

 (iii) the IMEI number has been tampered with.

v) Any loss or reimbursement for which the Insured Member has claimed or has received reimbursement    under any other form of indemnity, including but not limited to any other insurance policy or policies.

w) Any loss that do not occur during the Period of Protection Coverage.

x) Commercial use, rental, use for profits or products transferred to retail outlets.

y) Consequential damage or loss of any kind or description.

Article 6 – General Exclusions

A.  War and Terrorism Exclusion

Notwithstanding any provision to the contrary within this Policy or any endorsement thereto it is agreed that this Policy excludes loss damage cost or expense of whatsoever nature directly or indirectly caused by resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss:

a) war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising military or usurped power, nationalization, confiscation, requisition, seizure or destruction by the government or any public authority;

b) any act of terrorism

For the purpose of this exclusion an act of terrorism means an act including but not limited to the use of force or violence and/or the threat thereof of any person or group(s) of persons whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public or any section of the public in fear.

This exclusion also excludes loss damage cost or expense of whatsoever nature directly or indirectly caused by resulting from or in connection with any action taken in controlling preventing suppressing or in any way relating to a) and/or b) above.

If the Company alleges that by reason of this exclusion any loss, damage, cost or expense is not covered by this Policy, the burden of proving the contrary shall be upon the Insured Member.   

In the event any portion of this exclusion is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

B.  IT Clarification Clause

Property loss or damage covered under this Policy shall mean physical loss of or damage to the substance of property. Physical loss or damage to the substance of property shall not include loss of or damage to data or software in particular any detrimental change in data software or computer programs that is caused by a deletion a corruption or a deformation of the original structure.

Consequently the following are excluded from this Policy:

a) Loss of or damage to data or software in particular any detrimental change in data software or computer programs that is caused by a deletion or a corruption or a deformation of the original structure and any business interruption losses resulting from such loss or damage. Notwithstanding this exclusion loss of or damage to data or software which is the direct consequence of insured physical loss of or damage to the substance of property shall be covered.

b) Loss or damage resulting from an impairment in the function availability range of use or accessibility of data software or computer programs and any business interruption losses resulting from such loss or damage.

C. Full Nuclear Exclusion

This Policy does not cover damage directly or indirectly caused by or arising from or in consequence of or contributed to by:

a) nuclear weapons material.

b) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel or the radioactive, toxic, explosive or other hazardous properties of any explosives nuclear assembly or nuclear component thereof. Solely for the purpose of this paragraph combustion shall include any self-sustaining process of nuclear fission.

D. Sanctions Clause

The Company is not liable to make any payments for liability under any coverage sections of this Policy or make any payments under any extension:

For any loss or claim arising in, or where the Insured Member or any beneficiary under the Policy is a citizen or instrumentality of the government of, any country(ies) against which any laws and/or regulations governing this Policy and/or the Company, its parent company or its ultimate controlling entity have established an embargo or other form of economic sanction which have the effect of prohibiting the Insurer to provide insurance coverage, transacting business with or otherwise offering economic benefits to the Insured Member or any other beneficiary under the Policy.

It is further understood and agreed that no benefits or payments will be made to any beneficiary(ies) who is/are declared unable to receive economic benefits under the laws and/or regulations governing this Policy and/or the Insured Member, its parent company or its ultimate controlling entity.

E. Communicable Disease Exclusion Endorsement

1. Notwithstanding any provision to the contrary within this policy, this policy does not insure any loss, damage, liability, claim, cost, expense or other sum, directly or indirectly arising out of, attributable to, or occurring concurrently or in any sequence with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease.

2. For the purposes of this endorsement, loss, damage, claim, cost, expense or other sum, includes, but is not limited to, any cost to clean-up, detoxify, remove, monitor or test:

2.1. for a Communicable Disease, or

2.2. any property insured hereunder that is affected by such Communicable Disease.

3. As used herein, a Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where:

3.1. the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and

3.2. the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and

3.3. the disease, substance or agent can cause or threaten damage to human health or human welfare or can cause or threaten damage to, deterioration of, loss of value of, marketability of or loss of use of property insured hereunder.

4. This endorsement applies to all coverage extensions, additional coverages, exceptions to any exclusion and other coverage grant(s).

All other terms, conditions and exclusions of the policy remain the same.

Article 7 – Claims Handling Conditions

As a condition precedent to any liability under this Policy, the Insured Member shall comply with the Claims Handling Conditions set below:

A. Notice of Loss

B. The Insured Member shall notify the Company or the appointed Service Provider of the Company and provide required supporting documents and information of any Claim or loss or losses or circumstances which may give rise to a Claim or loss under this Policy within 14 days from the date of the occurrence of the Accidental Damage.

C. Replacement / Repair of the Damaged Mobile Deice

If the claim is approved by the Company, the Company shall be at liberty to elect whether to repair or replace the damaged Mobile Device. Replacement of the damaged Mobile Device will be provided if the damaged Mobile Device is Beyond Economical Repair.

If Replacement of the damaged Mobile Device is provided, with new unit may be used but may:

- be a different model;

- not include the identical features and functions as the damaged Mobile Device; and

- be of like kind and quality.

If the Company elect to repair the damaged Mobile Device, the Insured Member shall, at his own expenses, send the damaged Mobile Device to any authorised service centers of the Policy Holder for repair after the claim has been approved.

D. Claim Settlement

All indemnities under this Insurance Plan will be paid to authorised service centers of the Policy Holder or the Service Provider (on behalf of the Policy Holder) or the Policy Holder subject to the Limit of Liability specified in this Insurance Plan.

To get in touch with the Service Provider:

Online: https://www.mi.com/hk/support/service-centre/

Hotline:  30773620

Hours of operation: 9:00am to 6:00pm (HKT), Monday to Saturday, excluding public holidays

Article 8 – Contract (Rights of Third Parties) Ordinance

The Contracts (Rights of Third Parties) Ordinance (Cap 623 of the Laws of Hong Kong) does not apply to this Policy, and the only parties who may enforce the terms of the Policy are the Company and the Policy Holder or their authorised representatives, save and except for the entitlement to the Protection Coverage of Mobile Device under this Policy enjoyed by the Insured Member.

Article 9 - Salvage and Subrogation

A. Salvages and all recoveries (not including amounts due from any other insurance), shall be first deducted from any loss to arrive at the amount of liability attaching hereunder.

B. All salvages, recoveries or payments recovered or received subsequent to loss settlement hereunder shall be applied as if recovered or received prior to the aforesaid settlement, and all necessary adjustments shall be made by the parties hereto.

Article 10 – Currency

Where the word "Dollars" and/or the sign "$" appear in this Policy, they shall mean Hong Kong Dollars, unless otherwise indicated.

Article 11 – Notices

All notices hereunder will be given to the Policy Holder, Insured Member and to the Company either by email, express post, ordinary post or delivered by hand to their last known address. If sent by ordinary post, receipt will be deemed two (2) days after posting.

Article 12 – Territory

This Insurance Plan applies to territory anywhere in Hong Kong, subject to the terms, conditions and exclusions expressed in the Policy.

Article 13 – Arbitration

All differences arising out of this Policy shall be determined by arbitration in accordance with the Arbitration Ordinance as amended from time to time. If the parties fail to agree upon the choice of the arbitrator, then the choice shall be referred to the Chairman for the time being of the Hong Kong International Arbitration Centre. It is expressly stipulated that it shall be a condition precedent to any right of action or suit upon this Policy that an arbitration award shall be first obtained. If the Company shall disclaim liability to the Policy Holder for any claim hereunder and such claim shall not within twelve (12) calendar months from the date of such disclaimer has been referred to arbitration under the provisions herein contained, then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder. 

Article 14 – Governing Law

This Policy is subject to the exclusive jurisdiction of the Hong Kong SAR and is to be construed according to the laws of the Hong Kong SAR.

Any terms of this Policy which are in conflict with the applicable statutes, laws or regulations of the jurisdiction in which this Policy is delivered are amended to conform to such statutes, laws or regulations. It is agreed that this Insurance does not apply to the extent that trade or economic sanctions or other similar laws or regulations prohibit the coverage provided by this Insurance.

Article 15 – Entire Agreement

The Policy, together with all amendments and other attachments, if any, constitutes the entire Policy of Insurance.

The Policy shall not be modified except by written amendment attached hereto and signed by an authorised representative of the Company and the Policy Holder.

The terms and conditions of service relating to or arising from this Policy as published on the Company’s web-site and as may be amended from time-to-time shall supplement and qualify the terms and conditions of this Policy, but the terms and conditions of this Policy shall at all times take precedence.

Article 16 – Non-Waiver  

The failure of the Company or the Policy Holder to insist on compliance with this Policy or to exercise any right or remedy hereunder shall not constitute a waiver of any rights contained in this Policy nor prevent either party from thereafter demanding full and complete compliance nor prevent either party from exercising such remedy in the future.

Article 17 – Burden of Proof

Where the Company alleges that by reason of provision of any exclusion which may be applicable, any loss or damage that is not covered by the Policy, the burden of proving that such loss or damage is covered shall be upon the Policy Holder unless the law of Hong Kong SAR or the arbitration rules of the Hong Kong International Arbitration Centre provide otherwise.

.Article 18 – Regulatory Compliance

18.1   Each party shall, at all time, comply with all applicable laws and regulations presently in effect, or

          which may become effective in the future with respect to the performance of its obligations under this Insurance Plan and as set out in this Policy.

18.2   Either the Company or the Policy Holder will immediately cease to perform this Insurance Plan if: 

a. it is required by the Hong Kong Insurance Authority or any other relevant authorities; or

b. either party is in material breach of Article 17.1.

Addendum:
This Policy is subject to following amendments.

1. Article 6 – General Exclusions B IT Clarification Clause is deleted and replaced by Property Cyber and Data Endorsement.

1. Notwithstanding any provision to the contrary within this Policy or any endorsement thereto this Policy excludes any:

1.1 Cyber Loss, unless subject to the provisions of paragraph 2;

1.2 loss, damage, liability, claim, cost, expense of whatsoever nature directly or indirectly caused by, contributed to by, resulting from, arising out of or in connection with any loss of use, reduction in functionality, repair, replacement, restoration or reproduction of any Data, including any amount pertaining to the value of such Data, unless subject to the provisions of paragraph 3;

regardless of any other cause or event contributing concurrently or in any other sequence thereto.

2. Subject to all the terms, conditions, limitations and exclusions of this Policy or any endorsement thereto, this Policy covers physical loss or physical damage to property insured under this Policy caused by any ensuing fire or explosion which directly results from a Cyber Incident, unless that Cyber Incident is caused by, contributed to by, resulting from, arising out of or in connection with a Cyber Act including, but not limited to, any action taken in controlling, preventing, suppressing or remediating any Cyber Act.

3. Subject to all the terms, conditions, limitations and exclusions of this Policy or any endorsement thereto, should Data Processing Media owned or operated by the Insured suffer physical loss or physical damage insured by this Policy, then this Policy will cover the cost to repair or replace the Data Processing Media itself plus the costs of copying the Data from back-up or from originals of a previous generation. These costs will not include research and engineering nor any costs of recreating, gathering or assembling the Data. If such media is not repaired, replaced or restored the basis of valuation shall be the cost of the blank Data Processing Media. However, this Policy excludes any amount pertaining to the value of such Data, to the Insured or any other party, even if such Data cannot be recreated, gathered or assembled.

4. In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

5. This endorsement supersedes and, if in conflict with any other wording in the Policy or any endorsement thereto having a bearing on Cyber Loss, Data or Data Processing Media, replaces that wording.

Definitions

6. Cyber Loss means any loss, damage, liability, claim, cost or expense of whatsoever nature directly or indirectly caused by, contributed to by, resulting from, arising out of or in connection with any Cyber Act or Cyber Incident including, but not limited to, any action taken in controlling, preventing, suppressing or remediating any Cyber Act or Cyber Incident.

7. Cyber Act means an unauthorised, malicious or criminal act or series of related unauthorised, malicious or criminal acts, regardless of time and place, or the threat or hoax thereof involving access to, processing of, use of or operation of any Computer System.

8. Cyber Incident means:

8.1 any error or omission or series of related errors or omissions involving access to, processing of, use of or operation of any Computer System; or

8.2 any partial or total unavailability or failure or series of related partial or total unavailability or failures to access, process, use or operate any Computer System.

9. Computer System means:

9.1 any computer, hardware, software, communications system, electronic device (including, but not limited to, smart phone, laptop, tablet, wearable device), server, cloud or microcontroller including any similar system or any configuration of the aforementioned and including any associated input, output, data storage device, networking equipment or back up facility, owned or operated by the Insured or any other party.

10. Data means information, facts, concepts, code or any other information of any kind that is recorded or transmitted in a form to be used, accessed, processed, transmitted or stored by a Computer System.

11. Data Processing Media means any property insured by this Policy on which Data can be stored but not the Data itself.

2. Article 6 – General Exclusions D Sanction Clause is amended to read as follows.

Notwithstanding anything to the contrary in this Policy the following shall apply:                                                         

If, by virtue of any law or regulation which is applicable to either the Company or the Insured at the inception of this Policy or becomes applicable at any time thereafter, the performance of any obligation under this Policy, including providing coverage to the Insured or making any payment, is or would be unlawful or would expose either Party 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, United States of America or The People's Republic of China/Hong Kong SAR, the affected Party shall not be required to perform such obligation to the extent that it would be in breach of such law or regulation.

For the avoidance of doubt, this clause shall not affect any valid claim arising from an insured event that occurred prior to the relevant unlawful act or the imposition of the relevant sanctions

 

Subject otherwise to the terms, conditions and exclusions of the Policy.