ZGTMB Z-Driver CW - ENG Ho
ZGTMB Z-Driver CW - ENG Ho
Words in bold
You will notice that some words in the Certificate are printed in bold letters. This is because they have been given specific meaning in
Your Private Car Certificate. Please refer to Section F on pages 13 to 15 for the meaning of these words.
Duty of Disclosure
A. Consumer Takaful Contract
Where You have applied for this takaful wholly for purposes unrelated to Your trade, business or profession, You have a duty to take
reasonable care not to make a misrepresentation in answering the questions in the Proposal Form (or when You applied for this takaful) i.e
You should have answered the questions fully and accurately. Failure to have taken reasonable care in answering the questions may
result in avoidance of Your contract of takaful, refusal or reduction of Your claim(s), change of terms or termination of Your contract of
takaful in accordance with remedies of Schedule 9 of the Islamic Financial Services Act 2013. You were also required to disclose any
other matter that You knew to be relevant to Our decision in accepting the risks and determining the rates and terms to be applied.
You also have a duty to tell Us immediately if at any time after Your contract of takaful has been entered into varied or renewed with Us,
any of the information given in the Proposal Form (or when You applied for this takaful) is inaccurate or has changed.
ZDriverTakaful/CW-BI-062023 Page 1 of 25
What is covered?
Your takaful does not cover You against everything that can happen to Your Car. Check out the Schedule that We issued to You to know
the type of cover You obtained. The main types of cover are:
Third Party, Fire
Page Basic Cover Comprehensive
and Theft
6 to 7 Section A: Loss or Damage to Your Own Car
6 1a. What is Covered
(i) accidental collision or overturning ✓ X
(ii) collision or overturning caused by mechanical breakdown ✓ X
(iii) collision or overturning caused by wear and tear ✓ X
(iv) impact damage caused by falling objects subject to certain exclusions ✓ X
(v) fire, explosion or lightning ✓ ✓
(vi) breakage of windscreen, windows or sunroof including lamination /
✓ X
tinting film
(vii) burglary, housebreaking or theft ✓ ✓
(viii) malicious act ✓ X
(ix) while in transit (limited cover) ✓ X
6 1b. Events We Do Not Cover ✓ ✓
6 to 7 2. Basis of Settlement (how We will settle Your claim) ✓ ✓
7 3. Towing Costs (to an Approved Repairer or safe place) ✓ ✓
8 to 9 Section B: Liability to Third Parties
8 1. a. What is Covered (by this section) ✓ ✓
8 to 9 1. b. What is Not Covered (by this section) ✓ ✓
8 2. Limits of Our Liability (the maximum that We pay) ✓ ✓
8 3. Cover for Legal Personal Representatives (if You are dead) ✓ ✓
8 4. Maximum Legal Costs (if approved) ✓ ✓
8 5. Rights of Recovery ✓ ✓
9 Section C: No Claim Discount ✓ ✓
10 to 11 Section D: General Exceptions (what is not covered by the Certificate) ✓ ✓
11 to 13 Section E: Conditions (terms that You must comply with) ✓ ✓
14 to 15Section F: Definitions (explains the words in bold) ✓ ✓
Section G: Endorsements (additional terms that We may impose
16 to 25 on You or additional covers if You have made additional Optional Optional
contribution)
Key: ✓= applicable X = not applicable
There are generally three reasons why We put these exceptions in Your basic Private Car Certificate:
1. Cover is not provided for the exceptions. We have to charge additional contribution if You want to cover any of these exceptions.
Some examples of the exceptions which are not covered by Your basic Private Car Certificate but which can be covered if You
make additional contribution are:
▪ flood, storm {see Section A1b – ‘Events We Do Not Cover’ (page 6)};
▪ strike, riot, civil commotion {see Section D – ‘General Exception 8b’ (page 10)}; and
▪ use outside Malaysia, Singapore or Brunei {see Section D – ‘General Exception 6’ (page 10)}.
2. There are other risks which are not covered by the basic Private Car Certificate or by any of its extensions. We would have to
issue a different Certificate if You want these types of cover. For example, the following are not covered by Your Private Car
Certificate but can be covered under a different type of Certificate:
▪ carriage of goods must be covered under a commercial vehicle certificate; and
▪ hire or reward must be covered by taxi or hired car certificate.
ZDriverTakaful/CW-BI-062023 Page 2 of 25
3. We cannot and do not cover certain risks at all. Some examples of these can be seen in Section D – ‘General Exceptions’ (pages 10
to 11) such as:
▪ war, nuclear fission or fusion;
▪ risks that are against public certificate or against the law; and
▪ drunk driving.
How much should You cover Your Car for under a Comprehensive or Third Party, Fire and Theft Certificate?
To be safe, You should cover Your Car at its current Market Value (see definition in page 15). In simple terms, this is the current cost
to replace Your Car with another Car of the same make, model, age and general condition. The amount that You choose to cover is
called the Sum Covered. Please note that You could be penalised if Your Car is under-covered (see Section A2e – ‘Under-Covered in page
7).
For example, if the Market Value of Your Car is RM100,000 but You only covered it for RM80,000 then You could be penalised for under-
coverage. Assuming the loss is assessed at RM5,000, instead of the takaful operator paying the full amount, You could be paying to bear a
portion of the loss in proportion to the under-coverage as follows:
Sum Covered RM80,000
------------------- x Loss = ------------- x RM5,000 = RM4,000
Market Value RM100,000
Therefore, RM4,000 will be paid while the balance of RM1,000 will be borne by You.
You would be penalised as shown above if the Market Value of Your Car exceeds the Sum Covered by 10%. On the other hand, it would
be a waste of money to over-cover as Your takaful operator would not pay more than the Market Value. One way to protect Yourself from
being under or over coverage is to opt for the Sum Covered determined by a Market Valuation System approved by Persatuan Insurans
Am Malaysia (PIAM).
ZDriverTakaful/CW-BI-062023 Page 3 of 25
What is No Claim Discount (“NCD”)?
This is a form of discount on contribution for not having made a claim during the preceding period of Your takaful (provided the Period
of Takaful exceeds one year). The scale of NCD applied is specifically mentioned in the Certificate.
The applicable NCD can be checked with Us or the Central NCD Database (“CND”) at https://www.mycarinfo.com.my/ncdcheck/online before
You obtain Your Private Car Certificate.
What is an Excess?
This is the first amount that You have to bear Yourself for each and every claim that We approve, even if the Incident is not Your fault.
However, please note that the Excess does not apply to loss or damage caused by fire, explosion, lightning, burglary, housebreaking, theft,
third party property damage or bodily injury claims. Please check Your Certificate Schedule to find out the amount that You are liable to
pay. This is referred to as Endorsement 1 or 2 in Your Certificate.
In addition, there is also a Compulsory Excess (see page 7) where You have to bear an additional Excess of RM400 if You or the person
driving Your Car:
▪ is under 21 years old;
▪ holds a Provisional (P) or Learner (L) driver’s licence; or
▪ is not named in the Schedule as a Named Driver.
As an example, if We assess the claim payable to be RM10,000 but Your Certificate carries an Excess of RM500, You will have to bear
the first RM500 Yourself and We will pay the balance of RM9,500. However, if the driver is below 21 years old, You have to bear an
additional Excess of RM400. Using the same example, You now have to bear RM900 (i.e. 500 + 400) and We will pay RM9,100.
You may choose to take a voluntary Excess in addition to any standard or compulsory Excess that may apply.
Don’t:
• negotiate, admit or repudiate any claim without Our consent (see Condition 2 in page 12); and
• authorise repair without Our consent (see Condition 2f in page 12).
Condition 2 of Your Certificate (see page 12) spells out the do’s and the don’ts after an accident or theft in more detail.
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Z-Driver Takaful
Enhanced Private Car Certificate
The Takaful Agreement
A. Where Your Car is used for any purpose that is not related to Your trade, business or profession, the following applies:
Consumer Takaful Contract
This Certificate is issued pursuant to:
▪ the contribution as specified in the Certificate Schedule to the General Risk Investment Account (GRIA) under the principle of
Tabarru’ to other participants of GRIA in the events defined in this Certificate.
▪ the answers given in Your Proposal Form (or when You applied for this takaful) and any other disclosures made by You between
the time of submission of Your Proposal Form (or when You applied for this takaful) and the time this contract is entered into. The
answers and any other disclosures given by You shall form part of this contract of takaful between You and Us. However, in the
event of any pre-contractual misrepresentation made in relation to Your answers or in any disclosures given by You, only the
remedies in Schedule 9 of the Islamic Financial Services Act 2013 will apply.
It is Our responsibility to manage the GRIA on behalf of the participants under the model of Wakalah. In the event of insufficient balance in
GRIA to pay Your takaful benefits during the Period of Takaful, We will make good the balance in the GRIA under the contract of Qard
(loan) provided that the insufficiency is not due to Our negligence. If the insufficiency is due to Our negligence, We will make the outright
transfer for the insufficiency. You further agree that Your future surplus arising from GRIA during Your takaful period can be used to
contribute to cover the outstanding Qard in GRIA (if any) to Us.
This Certificate reflects the terms and conditions of the contract of takaful as agreed between You, Us and the participants of the GRIA.
B. Where Your Car is used for purposes related to Your trade, business or profession, the following applies:
Non-Consumer Takaful Contract
This Certificate is issued pursuant to:
▪ the contribution as specified in the Certificate Schedule to the General Risk Investment Account (GRIA) under the principle of
Tabarru’ to other participants of GRIA in the events defined in this Certificate.
▪ the answers given in Your Proposal Form (or when You applied for this takaful) and any other disclosures made by You between
the time of submission of Your Proposal Form (or when You applied for this takaful) and the time this contract is entered into. The
answers and any other disclosures given by You shall form part of this contract of takaful between You and Us. In the event of any
pre-contractual misrepresentation made in relation to Your answers or in any disclosures given by You, it may result in avoidance
of Your contract of Takaful, refusal or reduction of Your claim(s), change of terms or termination of Your contract of Takaful.
It is Our responsibility to manage the GRIA on behalf of the participants under the model of Wakalah. In the event of insufficient balance in
GRIA to pay Your takaful benefits during the Period of Takaful, We will make good the balance in the GRIA under the contract of Qard
(loan) provided that the insufficiency is not due to Our negligence. If the insufficiency is due to Our negligence, We will make the outright
transfer for the insufficiency. You further agree that Your future surplus arising from GRIA during Your takaful period can be used to
contribute to cover the outstanding Qard in GRIA (if any) to Us.
This Certificate reflects the terms and conditions of the contract of takaful as agreed between You, Us and the participants of the GRIA.
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Section A: Loss or Damage to Your Own Car
This section spells out what We cover under Section A and is only applicable if You have Comprehensive cover.
2. Basis of Settlement
This section explains how We will settle Your claim once We accept that it is payable under Section A. If Your Car is damaged as a result
of any Incident, We have the option of doing the following:
a. If Your Car is Repairable
If in Our opinion Your Car is economical to repair, We have the option to:
▪ arrange for Your Car to be repaired at an Approved Repairer and pay the cost of repairing Your Car to the condition which is as
near as possible to the condition it was in before the loss happened;
▪ pay You in cash the amount We estimate it would cost to repair Your Car; or
▪ reinstate or replace Your Car with one of the same make, model, age and general condition.
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b. If Your Car is not Repairable
If in Our opinion, the damage to Your Car is so great that it would not be safe or economical to repair, We will declare Your Car
“Beyond Economic Repair” (“BER”) and We will pay You up to the maximum amount as stated in (d) below or offer You a settlement
sum equivalent to the Market Value. We may also opt to replace Your Car with one of the same make, model, age and general
condition. If We take any of these actions, this Certificate shall be automatically terminated once We make payment.
In cases where the valuation of the franchise-holder vary from Market Value by more than 10%, We would also have the option to
offer a settlement value which is equal to the cost of purchasing a replacement Car of the same make, model and age of the Car at
the time of loss. It is Our option to offer You a replacement of the Car, should You not agree with the offer.
c. Replacement Parts
If the spare parts or Accessories required to repair Your Car are not available in Malaysia, or if We choose to pay for the loss or
damage in cash, We will settle Your claim on the following basis:
▪ the last known parts price list issued in Malaysia by the manufacturer or their agent. If the price list in Malaysia does not exist, We
will use the price at the manufacturer’s production plant and include reasonable cost of transportation to Malaysia (but not the cost
of air freight); and
▪ the reasonable labour cost of fitting such spare parts or Accessories in Malaysia.
d. The Maximum Amount We will Pay You
If Your Car is BER or stolen and not recovered, the amount payable under the Certificate will be the Market Value at the time of the
loss or the Sum Covered as shown in the Schedule, whichever sum is the lesser. Upon Our payment of the said amount, this Certificate
shall be automatically terminated. The Market Value is to be determined according to clauses 17 and 18 of Section F.
e. Under-Coverage
If the Sum Covered of Your Car is less than the Market Value at the time of the loss, the Certificate will only bear part of the loss in
proportion to the difference between the Market Value and the Sum Covered as shown in the formula below:
Sum Covered x Assessed Loss
Market Value
The balance has to be borne by You. However, this will only apply if the under-covered amount is more than 10% of the Market Value.
f. Betterment
If new original parts are used to repair Your Car and as a result of which Your Car is in a better condition than it was before the
damage, You would be required to contribute to its betterment, a proportion of the costs of such new original parts. Your contribution
would be according to the following scale:
Age of Your Car (Years) Rate of Betterment
less than 5 0
5 15%
6 20%
7 25%
8 30%
9 35%
10 and above 40%
To determine the rate of betterment to be applied, the age of Your Car will be calculated based on when it was originally registered in
Malaysia:
a. as a locally assembled Car Date of Original Registration
b. as a new imported Completely Built Unit (CBU) Car Year of Manufacture
c. as an imported second-hand/used/reconditioned Car Year of Manufacture
3. Towing Costs
If Your Car cannot be driven as a result of any damage to it that is covered by this Certificate, We will pay up to a maximum of RM200 for
the necessary and reasonable costs to remove Your Car to the nearest Approved Repairer or to a safe place of storage while awaiting
repair or disposal.
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Section B: Liability to Third Parties
This section explains what is covered and not covered under Section B.
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Liability for accidents caused by Your passengers
may be covered separately for additional contribution
under Endorsement 72. You will need to refer to the full
text of Endorsement 72: Legal Liability of Passengers
for Negligent Acts as to what this Endorsement covers
or excludes and the applicable conditions.
(vi) any claims brought against You by any driver of Your Car,
whether authorised or not;
(vii) any claims brought against any person in any country in
courts outside Malaysia, the Republic of Singapore or
Negara Brunei Darussalam; and/or
(viii) all legal costs and expenses which are not incurred in or
recoverable in Malaysia, the Republic of Singapore and
Negara Brunei Darussalam.
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Section D: General Exceptions – These apply to the whole Certificate
This section lists down circumstances under which this Certificate does not provide cover at the time of happening of the Incident. This is
in addition to those already listed in Sections A1b (see page 6) and B1b (see pages 8 and 9).
1. Unlicensed Drivers
There is no cover under this Certificate if You or Your Authorised Driver do not have a valid driving licence to drive Your Car. This
will not apply if You or Your Authorised Driver have an expired licence but are not disqualified from holding or obtaining such driving
licence under any existing laws, by-laws and regulations.
2. Alcohol, Drugs and Other Intoxicating Substances
There is no cover under this Certificate if You or Your Authorised Driver is under the influence of alcohol or intoxicating liquor,
narcotics, dangerous drugs or any other deleterious drugs or intoxicating substance to such an extent that You or Your Authorised
Driver are incapable of having proper control of Your Car.
You or Your Authorised Driver shall be deemed as incapable of having proper control of Your Car if after a toxicology or equivalent
test, it is shown that the alcohol level in the breath, blood or urine of You or Your Authorised Driver is higher than the prescribed
limit pursuant to Section 45G(1) of the Road Transport (Amendment) Act 2020 of 50mg of alcohol in 100ml of blood (or equivalent in
respect of breath or urine) or other equivalent legislation that is in force at the material time.
9. Nuclear Risk
There is no cover under this Certificate for any accident, loss or damage to any property or any loss or liability arising therefrom (including
consequential losses and costs of defending any actions) connected in any way with operations using the nuclear fission or fusion
process, or handling of radioactive material. This includes, but is not limited to:
a. the use of nuclear reactors such as atomic piles, particle accelerators or generators and similar devices;
b. the use, handling or transportation of radioactive material in relation to any Act of Terrorism;
c. the use, handling or transportation of any weapon or explosive device employing nuclear fission or fusion; or
d. the use, handling or transportation of radioactive material.
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10. Convulsions of Nature
There is no cover (unless specifically obtained) for any loss, damage or liability caused by flood, typhoon, hurricane, storm, tempest,
volcanic eruption, earthquake, landslide, landslip, subsidence or sinking of the soil/earth or other convulsions of nature.
For an additional contribution, Your Certificate can be extended to cover flood, typhoon, hurricane, storm, tempest volcanic
eruption, earthquake, landslide, landslip, subsidence etc. (Endorsement 57).
11. Contractual Liability
We will not pay for any liability that arises by virtue of an agreement but for which We would not have been liable in the absence of
such agreement.
12. Unauthorised Driver
We will not pay for any Incident, loss, damage or liability caused, sustained or incurred whilst Your Car, in respect of which indemnity
is provided by this Certificate, is being driven by any person other than an Authorised Driver or person driving on Your order or with
Your permission.
This section spells out the terms and conditions that You must observe to ensure this takaful remains effective. Basically these
conditions are of three types:
▪ What You must do
▪ What You must not do
▪ What We can do
Conditions Precedent to Certificate Liability
The following conditions are conditions precedent to the Certificate liability to indemnify You under this Certificate and have to be
observed by You strictly. We can repudiate this Certificate and/or will not pay claims under the Certificate if You breach any of the
relevant conditions. These conditions also apply to Your Authorised Driver and any legal representative who seek indemnity under this
Certificate.
1. Duty of Disclosure
The duty of disclosure is different for a Consumer Takaful Contract and for a Non-Consumer Takaful Contract. They are
separately outlined below:
A. Consumer Takaful Contract
Where You have applied for this takaful wholly for purposes unrelated to Your trade, business or profession, You have a duty to
take reasonable care not to make a misrepresentation in answering the questions in the Proposal Form (or when You applied for this
takaful) i.e. You should have answered the questions fully and accurately. Failure to have taken reasonable care in answering the
questions may result in avoidance of Your contract of takaful, refusal or reduction of Your claim(s), change of terms or termination of
Your contract of takaful in accordance with remedies of the Islamic Financial Services Act 2013. You were also required to disclose
any other matter that You knew to be relevant to Our decision in accepting the risks and determining the rates and terms to be
applied.
You also have a duty to tell Us immediately if at any time after Your contract of takaful has been entered into, varied or renewed with
Us, any of the information given in the Proposal Form (or when You applied for this takaful) is inaccurate or has changed.
ZDriverTakaful/CW-BI-062023 Page 11 of 25
2. Accidents and Claims Procedures
If Your Car is involved in any Incident that could lead to a claim under this Certificate, You must do the following:
a. Notify Our claims department of the Incident and get a Claim Form. You must notify Us of the Incident as soon as possible but
in any event:
▪ Within seven (7) days if You are not physically disabled or hospitalised following the Incident; or
▪ Within thirty (30) days or as soon as practicable if You are physically disabled and hospitalised as a result of the Incident.
We may allow a longer notification period if You can provide specific proof and justification for the delay.
b. Report the Incident to the police as required by law and do all that is required to assist the police authorities to secure a conviction
against the offender.
c. Complete the Claim Form in full and return it to Us within twenty-one (21) days from the date of Your notification as per (a) above.
You are required to answer all the questions in detail in all applicable sections and provide Us with all the necessary documents
to support Your claim. We will not be held responsible if there is any delay on Your part to submit the Claim Form duly completed
together with all the necessary documents.
A longer claims submission period may be allowed by Us subject to specific proof and justification by You for the delay.
d. If there are any claims made against You by a third party, You must immediately notify Us of the same and You must send to Us
any notification of claim, notice of impending prosecution or inquest, summons, writ or any letters from the solicitors of the third
party as soon as You receive such documents, but in any event within fourteen (14) days from the date of receipt of any of the
documents.
e. Send Your Car to an Approved Repairer so that We can inspect Your Car before We give approval to proceed with repairs or
take reasonable action to safeguard You Car from further loss or damage. Failure to remove Your Car to an Approved Repairer
would be a breach of this condition and Your Car will not be covered under Section A of the Certificate.
f. You must obtain Our consent in writing before You repair Your Car or incur any expenses in connection with a claim under this
Certificate.
You must not do any of the following:
• Admit any responsibility for any Incident; or
• Negotiate or settle any claims made against You by a third party, unless We write and inform You that You can.
We will decide whether to negotiate, defend or settle, in Your name, Your Authorised Driver’s name and/or on Your behalf, any claims
made against You or Your Authorised Driver by a third party. If in Our assessment the third party claim made against You or Your
Authorised Driver for property damage will exceed the limit of liability of RM3 million, the full amount of Our liability will be pay to You
or the third party and hand over the further conduct of any defence, settlement or proceeding to You completely. After doing so We will
not be liable under this Certificate to make any more payments to You or any claimant or any other person arising from the same
Incident.
The conditions above also apply to anyone else who wishes to claim under the terms and conditions of this Certificate. “Anyone else”
may refer to personal representative or administrator/estate of the participant.
3. Cancellation
Either You or We may cancel this Certificate at any time during the Period of Takaful:
a. Cancellation by You:
• You can cancel this Certificate at any time by returning the Original Certificate of Takaful (CT) to Us or, if the CT has been
lost or destroyed, You must provide Us with a duly certified Statutory Declaration (SD) to confirm this.
• After returning the CT or SD You will be entitled to a return of contribution if no claim was incurred prior to cancellation. Your
return will be the difference between the total contribution and Our customary short-period rates calculated for the time Your
Car was covered until the date We received the CT or SD:
Period of Takaful Return of Contribution
Not exceeding 1 week 87.5% of the total contribution
Not exceeding 1 month 75.0% of the total contribution
Not exceeding 2 months 62.5% of the total contribution
Not exceeding 3 months 50.0% of the total contribution
Not exceeding 4 months 37.5% of the total contribution
Not exceeding 6 months 25.0% of the total contribution
Not exceeding 8 months 12.5% of the total contribution
Exceeding 8 months No return of contribution allowed
• The Certificate will automatically lapse once You sell or dispose off Your Car because Your permissible takaful interest in the
Car will cease. If You want to transfer the Certificate to the new buyer, You have to get Our prior consent.
b. Cancellation by Us:
• We may also cancel this Certificate with a valid reason, by giving You fourteen (14) days notice in writing by registered post
to Your last address known to Us.
• After returning the CT or SD You will be entitled to a return contribution for the unexpired period calculated on a pro-rata basis
from the date We receive the CT or SD from You to the expiry date of the Certificate.
There will not be any return of contribution for any cancellation of Certificate (either by You or by Us) if You have made the
Minimum Contribution only or if a claim has been made on this Certificate.
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4. If there is More Than One Takaful or Insurance Covering the Same Car
a. You must inform Us in writing if You have taken out any other takaful or insurance in respect of Your Car during the Period of
Takaful.
b. If a claim arises under this Certificate and such a loss is also claimable under the other takaful certificate(s) or insurance policy(ies)
taken by You, We will only contribute Our rateable proportion of the whole loss. We will not be liable to make the claim first and
then seek recovery from the other co-takaful operators or insurers who is/are also liable for the loss.
This clause is not applicable to Endorsement 200 – Personal Accident Basic as Condition 4 relates only to “The Car”.
5. Subrogation
We are entitled to take over all rights and remedies that You may have against any third party who caused the loss. We shall have the
absolute discretion in the conduct of any proceedings, at Our own costs, against the third party and in the settlement of any such claim
and You shall give Us such information and assistance as We may require from time to time including assigning all rights to take action
in Your name. You must however give Us Your full cooperation to protect these rights and provide all assistance and take such steps
as We require.
6. Dispute Resolution
If there are differences or disputes on any matters relating to this Certificate involving amounts exceeding RM250,000, an Arbitrator
shall be jointly appointed by You and Us in writing to resolve the differences or disputes. If no agreement is reached on who is to be
the Arbitrator within one month of being required to do so then You and We shall be entitled to appoint an Arbitrator each. Both
Arbitrators shall then proceed to hear the difference or dispute together with an Umpire to be jointly appointed by them. If the Arbitrators
cannot agree on an Umpire within thirty (30) days, then the Asian International Arbitration Centre shall appoint an Umpire.
If the disputed sum is less than RM250,000, You may refer the matter to the Ombudsman for Financial Services to resolve the
dispute.
7. Other Matters
We will only be liable to pay You any indemnity under this Certificate if You:
a. Comply with all the terms and conditions of this Certificate. These conditions are also applicable to Your Authorised Driver and
any legal representative who seek assistance under this Certificate;
b. Maintain Your Car in a reasonably efficient and roadworthy condition. You must get Our consent if You make any modification
that will enhance or in any way affect the performance of Your Car;
c. Take reasonable care to avoid any situation that could result in a claim. This Certificate will not cover You if You or Your
Authorised Driver are reckless i.e. where You recognise a serious risk but deliberately do not take steps to prevent it. This
includes but is not limited to leaving Your Car unattended while unlocked or with ignition keys left in or on Your Car; and
d. Make Your Car available to Us for inspection at all reasonable times upon request.
8. Sanction
Notwithstanding any other terms under this agreement, We shall not be deemed to make any payments or provide any service or benefit
to any participant or other party to the extent that such cover, payment, service, benefit and/or any business or activity of the participant
would violate any applicable trade or economic sanctions law or regulation under the sanctions regimes of UNSC, MOHA, and OFAC.
9. Surplus Sharing
We will manage Your takaful contributions by charging a Wakalah Fee as approved by the regulatory authorities under the model of
Wakalah, and subsequently continue to invest into takaful fund through a special account known as the GRIA. If at end of the Period
of Takaful stated in the Schedule attached to the Certificate, there is a net surplus in GRIA, the net surplus shall be shared at 50:50
ratio between Us and Participants that have not incurred any claim and/or not received any benefits under the same class of risk as
stated in the aforesaid Schedule whilst the Certificate is in force.
10. Tax Provision
All contribution and fees that should be made under this Certificate may be subject to Tax. If Tax is imposed, it will be stated in
the invoice and We reserves the right to claim or collect the Tax from You in addition to the contribution and/or fees that should be
made under this Certificate.
11. Treatment of Small Amount
Small Amount shall mean any amount below Ringgit Malaysia Ten (RM10) arises from contribution excess, cancellation, surplus
distribution or claims that are to be made other than by way of electronic payment. The Small Amount shall be channeled to charity.
However, if You decide otherwise, You are required to submit a formal request to Us.
We may review the applicability of the above stated small amount and any change to the amount will be subjected to Our Shariah
Committee approval.
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Section F: Definitions of words highlighted in the Certificate
This section explains what We mean by the words printed in bold in this Certificate.
In this Certificate, Schedule and Certificate of Takaful, unless the context otherwise requires, the following words shall have the meanings
as defined below.
1. Accessories
This refers to the standard factory-fitted tools of the Car including air-conditioners and spare tyres and may include radio / cassette
player / compact disc player and the like if specified in the Schedule.
2. Act of Terrorism
This refers to an act by any person(s) or group that uses force or violence and / or the threat of force or violence, whether they are
acting alone or on behalf of or in connection with any organisation(s) or government(s) and done for political, religious, ideological,
ethnic or similar purposes or reasons, including the intention to influence any government and / or to put the public, or any section of
the public, in fear.
3. Adjuster
This refers to a person or entity registered under the Islamic Financial Services Act 2013 who is appointed by Us to investigate the
cause and circumstances of a loss and to determine the amount of loss.
4. Approved Repairer
This shall mean:
a. motor repair workshops approved by Us;
b. any Repairer that We have given You a special permission to use.
5. Authorised Driver
This refers to any person who drives Your Car with Your consent or permission provided he or she holds a valid driving licence of the
relevant type and is not disqualified to drive by law or for any other reason.
6. Car
This refers to the motor vehicle described in the Schedule and includes the manufacturer’s standard options and Accessories fitted
to it and any other non-standard options or descriptions that are specifically listed in the Schedule.
7. Certificate
Certificate includes the Schedule, the Certificate of Takaful and all Endorsements specifically listed in the Schedule.
8. Certificate of Takaful (CT)
This Certificate is a prescribed form that We are required to issue to You under the Road Transport Act 1987 and it outlines
the particulars of any conditions subject to which the Certificate is issued.
9. Cheating
This follows the meaning as defined under Section 415 of the Penal Code which is as follows:
Whoever by deceiving any person, whether or not such deception was the sole or main inducement:
a. fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person
shall retain any property; or
b. intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were not
so deceived and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation,
or property, is said to “cheat”.
10. Criminal Breach of Trust
This follows the meaning as defined under Section 405 of the Penal Code which is as follows:
Whoever, being in any manner entrusted with property, or with any dominion over property either solely or jointly with any other person,
dishonestly misappropriates, or converts to his own use, that property, or dishonestly uses or disposes of that property in violation
of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which
he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”.
11. Endorsement
This refers to the document that We issue to You to confirm any changes or extensions of the coverage to the basic Certificate.
12. Excess
This refers to the amount that must be borne by You first for each claim. The amount of the Excess is shown in the Schedule. You
have to pay the Excess irrespective of who is at fault in the Incident.
13. Household
This refers to all members of Your or Your Authorised Driver’s immediate family i.e. spouse, children including legally adopted
children, parents, brother(s) and sister(s) staying under one roof with You in the case of Your immediate family, or with Your
Authorised Driver, in the case of his immediate family.
14. General Risk Investment Account (GRIA)
This refers to a fund established to pool portion of contributions made by participants, on the basis of Tabarru’ for the pur pose of meeting
claims associated with events or risks specified in this Certificate. This fund is collectively owned by all participants.
15. Incident
Any event which could lead to a claim under this Certificate.
ZDriverTakaful/CW-BI-062023 Page 14 of 25
16. Limitations as to Use
According to Your Certificate of Takaful (CT), Your Car can only be used for “Social, domestic and pleasure purposes and for the
participant's business”. The CT also states that “The Certificate does not cover use for hire or reward, racing, pacemaking, reliability,
trial speed-testing, the carriage of goods other than samples in connection with any trade or business”.
17. Market Value
This refers to the reasonable cost to buy another car of the same make, model, age and general condition similar to Your Car at
the time of loss. The Market Value of Your Car at the time of loss would be determined according to the terms of the option that You
had chosen at the time You obtained this takaful. If You had opted for a Market Valuation System to determine Your Sum Covered
then the Market Value would be based on that valuation system as described in clause 18 below. However, if You had not opted
for a Market Valuation System then the Market Value of Your Car in the event of dispute would be determined by the Head Office
of the Car franchise-holder and this value should be equal to the cost of purchasing a replacement car of the same make, model and
age of Your Car at the time of loss. If this valuation is not available or appears in Our opinion to be unduly low or high then valuation
will be determined by an Adjuster, agreed by both You and Us.
18. Market Valuation System
This refers to the motor vehicle Market Valuation System approved by Persatuan Insurans Am Malaysia (PIAM) to determine the
Market Value of Your Car at the time You obtained/renewed this Certificate as well as at the time of the loss. You can opt to use
the valuation recommended by this system as the Sum Covered to avoid the consequences of under-coverage as described in
Section A2e. Alternatively, You may choose to determine the Sum Covered Yourself but You would be subject to Section A2e
if You are under-covered.
19. Minimum Contribution
The minimal contribution described in the Schedule.
20. MOHA
Shall mean Ministry of Home Affairs.
21. Named Driver
This refers to the persons named in the Certificate who are authorised by You to drive Your Car. The compulsory excess of RM400
stated in Section A2g will not apply if Your Car is driven by a Named Driver provided they hold a valid full driving licence of the
relevant type and are not disqualified to drive by law or for any other reason and are aged above 21 years old at the time of the Incident.
22. OFAC
Shall mean Office of Foreign Assets Control.
23. Ombudsman for Financial Services (OFS)
This is an independent body that provides a free and efficient avenue to help settle financial disputes between You and Us under
this Certificate as an alternative to the courts.
24. Period of Takaful
The period shown in the Schedule when the cover provided by this Certificate is operative. Cover is only valid from the actual
time of participation of the takaful Certificate or from when You and We agree that cover should commence.
25. Road
Section 2 of the Road Transport Act 1987 defines “Road” as “any public road and any other road to which the public has access and
includes bridges, tunnels, lay-bys, ferry facilities, interchanges, round-abouts, traffic islands, road dividers, all traffic lanes, sidetables,
median strips, overpasses, underpasses, approaches, entrance and exit ramps, toll plazas, service areas, and other structures
and fixtures to fully effect its use”.
26. Schedule
This document shows Your name and address, the Period of Takaful, the sections of this Certificate which apply, the contribution
You have made, the Car which is covered, the Sum Covered and details of any extensions or Endorsements.
27. Sum Covered
This is the maximum that We will pay You for a claim under Section A. This amount is shown in the Schedule. The Sum Covered
must be sufficient to cover the cost to replace Your Car in the event of an Incident that completely destroys it.
28. Tax
Tax shall mean any present or future, direct or indirect, Tax, levy or duty, including consumption Tax or any tax of similar nature, which
is imposed on goods and services by government or Tax authority.
29. UNSC
Shall mean United Nations Security Council.
30. We, Our, Us
This refers to Zurich General Takaful Malaysia Berhad that is issuing You this Certificate representing the participants of GRIA.
31. You, Your, Yourself
This refers to the participant or person described in the Schedule as “the Participant”.
ZDriverTakaful/CW-BI-062023 Page 15 of 25
Section G: Endorsements – applicable only if the Endorsement number is printed in the Certificate Schedule
The following is a list of additional terms and conditions (known as Endorsements) that We may impose on You or optional covers
available that You may want to add to Your basic Certificate by making additional contribution. Note that only Endorsements with their
numbers specifically printed in the Schedule shall apply to this Certificate.
Endorsement 1: Excess All Claims (please see page 4 for explanation and page 14 for definition)
The Excess amount shown in the Schedule is the amount that You have to pay for each and every claim under Section A arising out of
one Incident. This means that We have the right to deduct the Excess from the amount that We would otherwise have to pay. If We
are not able to deduct the Excess, We have the right to demand that You pay Us the Excess first, before We pay any payment.
We will not deduct this Excess for loss or damage in respect of third party claims.
Endorsement 3(q): Third Party, Fire and Theft Takaful (please see page 2 - “What is Covered?)
The cover that You have chosen for Your Car is called ‘Third Party, Fire and Theft’ takaful. This means that the cover provided to Your
Car under Section A is limited to any loss or damage caused by fire, explosion, lightning, burglary, housebreaking or theft only. For that
reason, all the remaining covers under Section A1a are deleted and Section B coverage has been obtained and is available to You.
ZDriverTakaful/CW-BI-062023 Page 16 of 25
Endorsement 24(c): Reliability Trials, Competitions etc.
In consideration of the additional contribution that You made for this endorsement, We agree that the takaful provided under this
Certificate shall cover Your Car while it is being used for [state either reliability trials, competition] to be held at [state place / location] on
[state date] organized by [state name of organizer] including officially conducted practice for the event.
ZDriverTakaful/CW-BI-062023 Page 17 of 25
Endorsement 89(a): Cover for Windscreens, Windows and Sunroof – Enhanced (Non-Tariff)
In consideration of the additional contribution that You made for this endorsement, We agree that the takaful provided under Section A
of this Certificate will cover the cost to replace or repair any glass in the windscreen, window or sunroof of Your Car that is accidentally
damaged including the cost of lamination / tinting film (if any) provided no other claim is submitted for this Incident. The maximum
amount that We will pay under this endorsement is the amount mentioned in the Schedule under the heading ‘Endorsement 89(a)’.
If Your claim is for the damaged glass only and no other damage, We will not deduct any Excess, and You will not lose Your No
Claim Discount entitlement.
If the damaged glass is either replaced or repaired, this cover will continue but the limit of the amount payable will be reduced by the
amount of the replacement or repair cost. To restore the cover to the original limit You must make additional pro-rated contribution to Us.
If the damaged glass is repaired, and the total repair cost is less than 30% of the available amount to claim, We will not reduce the limit of
the amount payable for one (1) time only during the Period of Takaful.
ZDriverTakaful/CW-BI-062023 Page 18 of 25
If the number of passengers carried at the time of the happening of an Incident is more than the maximum number permitted in
the vehicle by law, We will not pay their claim in full. Any payment We pay to any claimant under this endorsement will be rateably
reduced in the proportion of the legally permitted maximum number of lawful passengers over the actual number of passengers carried,
at the time of the Incident. The difference between the sum paid by Us and the claim to be paid to each passenger claimant shall be
borne by You or Your Authorised Driver. The proportion We pay shall be calculated in accordance with the following formula:
Number of passengers permitted by law X Total Claim Awarded
Actual number of passengers carried at time of Incident
Endorsement 105: Limits of Liability for Third Party Property Damage (TPPD)
In consideration of the additional contribution that You made for this endorsement, We agree to increase the limit of liability provided
under Section B2(ii) of this Certificate to RM [state new limit] with effect from [state date].
Limits of liability in excess of RM3 million up to RM20 million is allowed subject to additional contribution stated as below:
TPPD limits of Liability
From RM3 million up to RM4 million - 15% of Third Party Contribution
Up to RM6 million - 30% of Third Party Contribution
Up to RM10 million - 45% of Third Party Contribution
Up to RM20 million - 60% of Third Party Contribution
Endorsement 109: Extension of Cover for Ferry Transit to and/or from Sabah and the Federal Territory of Labuan
In consideration of the additional contribution that You made for this endorsement, We agree that the takaful provided under Section A
of this Certificate shall cover loss or damage to Your Car when in transit to and / or from Sabah and Federal Territory of Labuan.
You must bear the first 1% of the Sum Covered or RM500 (whichever is higher) for each and every claim arising out of one transit for
every claim payable under this endorsement. We have the right to deduct this amount in addition to the Excess mentioned in the
Schedule of this Certificate.
Endorsement 111: Current Year “No Claim Discount” Relief (only applicable to Comprehensive Private Car Certificate)
In consideration of the additional contribution that You made for this endorsement, We agree to compensate You the No Claim
Discount that You may forfeit due to a claim being made under this Certificate. The amount is equal to Your No Claim Discount
entitlement shown in the Schedule of this Certificate for the current Period of Takaful.
The cover provided under this endorsement is terminated automatically when:
a. We pay a claim under this endorsement;
b. the ownership of this Certificate is transferred to another party; or
c. You withdraw Your No Claim Discount entitlement from this Certificate.
We will not return any portion of the additional contribution that You made to Us if the cover under this endorsement is
terminated as mentioned above or if You cancel this endorsement at any time.
ZDriverTakaful/CW-BI-062023 Page 19 of 25
Endorsement 112: Compensation for Assessed Repair Time (CART)
In consideration of the additional contribution that You made for this endorsement, We will pay compensation for the number of
days assessed by Us as required to repair Your Car under Section A of this Certificate (‘the assessed repair time’). We agree that
payment will be based on the assessed repair time by the Adjuster or the maximum amount provided in the Schedule whichever is the
lesser.
The maximum rate per day and the maximum number of days that We will pay under this endorsement is limited to the amounts
mentioned in the Schedule under the heading ‘Endorsement 112’.
For any claim that We agree to pay under this endorsement We will not deduct any Excess and You will not lose Your No Claim Discount
entitlement.
We will not pay:
a. if Your claim is only for breakage of glass that is payable under Endorsements 89 or 89(a);
b. for any delay in the time taken to repair Your Car (beyond the assessed repair time) due to any reason at all. The final decision
on the time required to repair Your Car will be decided by Us irrespective of whether Your claim is lodged directly with Us
or against a third party;
c. if Your claim is for theft or total loss of Your Car; or
d. if Your claim is under a BER process.
We will not return any portion of the additional contribution that You made to Us if You cancel this endorsement at any time.
ZDriverTakaful/CW-BI-062023 Page 20 of 25
We will not pay if the death, disablement, injury or loss caused directly or indirectly by:
a) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection,
military or usurped power, self-inflicted injury, suicide (whether felonious or not) or any attempt thereat, provoked assault,
deliberate exposure to exceptional danger (except in an attempt to save human life), You/Driver/Passenger(s) criminal act,
intoxication, drugs or insanity and in the event of any claim hereunder You shall prove that the claim arose independently of and was
in no way connected with or occasioned by or contributed to by or traceable to any of the said occurrences or any
consequences thereof and in default of such proof We shall not be liable to pay any payment in respect of such a claim;
b) any pre-existing physical defects or infirmity, fits of any kind, disease or sickness of any kind;
c) childbirth, miscarriage, pregnancy or any complications thereof unless caused solely and directly by the accident to You/the
Authorised Driver and/or passenger(s) while driving, riding, alighting or boarding Your Car;
d) ionizing radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of
nuclear.
For the purpose of this exclusion only, combustion shall include any self-sustaining process of nuclear fission;
e) to any person while the Car is used for hire, racing, road rally, pace-making, speed-testing or used for any purpose in
connection with motor trade;
f) while the Car is used for illegal business pursuit as an unlicensed common carrier.
Endorsement 221: E-Hailing Private Hire Car (Non-tariff) (only applicable to Comprehensive Private Car Certificate)
In consideration of the additional contribution that You made for this endorsement, the Certificate shall provide coverage on the following
five (5) “Additional Extended Covers” during the time the Car is On Call while providing an E-Hailing Service, subject to the definitions,
terms, conditions and exclusions as stated in this endorsement:
i. Loss or Damage to Your Own Car (as expressed under Section A of the Certificate)
ii. Liability to Third Parties (as expressed under Section B of the Certificate)
iii. Legal Liability to Fare-Paying Passengers
iv. Legal Liability of Fare-Paying Passengers for Negligent Acts
v. Personal Accident Cover for Authorised E-Hailing Driver
Additional Extended Covers
i. Loss or Damage to Your Own Car
Coverage for Loss or Damage to Own Car will follow the terms and conditions provided under Section A with the exception that cover
now applies when the Car is On Call.
ii. Liability to Third Parties
Coverage for Liability to Third Parties will follow the terms and conditions provided under Section B with the exception that cover now
applies when the Car is On Call.
iii. Legal Liability to Fare-Paying Passengers
We shall indemnify towards You or Your Authorised E-Hailing Driver's liability to any Fare-Paying Passengers being carried in or
upon or entering or getting into or onto or alighting from the Car during On Call except for:
a) death or bodily injury to any person where such death or injury arises out of and in the course of the employment of such person
by You or by Your Authorised Driver;
ZDriverTakaful/CW-BI-062023 Page 21 of 25
b) damage to property belonging to or in the custody of or control of or held in trust by You or Your Authorised E-Hailing Driver
and/or any member of Your or Your Authorised E-Hailing Driver's Household unless these are being carried for hire or
reward during the E-Hailing Service;
c) any claims brought against any person in any country in courts outside Malaysia, the Republic of Singapore or Negara Brunei
Darussalam;
d) all legal costs and expenses which are not incurred in or recoverable in Malaysia, the Republic of Singapore and Negara Brunei
Darussalam;
e) all liability arising from any assault, battery, robbery, medical assistance rendered in an emergency and /or any delay caused
by or contributed to by You or Your Authorised E-Hailing Driver;
f) all liability caused by or contributed to by the E-Hailing Service provider and/or failure of the E-Hailing App;
g) consequential loss of any kind arising from any of the above; and
h) any claims brought against You by any driver of Your Car, whether authorised or not.
iv. Legal Liability of Fare-Paying Passengers for Negligent Acts
We agree that the takaful provided under Section B will include legal liability incurred by any passenger during his ride as a Fare-
Paying Passenger in Your Car on condition that the passenger:
a) is not driving Your Car;
b) is not entitled to indemnity under any other Certificate of takaful; and
c) complies with all the terms and conditions of this Certificate as though he were You.
We will not cover:
a) death or Bodily Injury to any person who is employed by You or the passenger, and who dies or is injured in the course of
such employment;
b) damage to any property that belongs to or is held in trust or in the custody or control of You or the passenger or which is being
carried in Your Car; and / or
c) death or bodily injury to the driver or any other passenger travelling in Your Car at the same time.
v. Personal Accident Cover for Authorised E-Hailing Driver
We will pay the amount as stated below if the Authorised E-Hailing Driver sustains Bodily Injury whilst On Call resulting in any of
the following events within twelve (12) months from the date of accident, whichever occurs first:
c) No compensation shall be payable if the Bodily Injury is directly or indirectly caused by self-inflicted injury, suicide (whether
felonious or not) or any attempt thereat, provoked assault, deliberate exposure to exceptional danger (except in an attempt to
save human life), insanity, any pre-existing physical defects or infirmity, fits of any kind, disease or sickness of any kind and
pregnancy
d) No compensation shall be payable if the Authorised E-Hailing Driver is not authorised by You.
Conditions of Cover
1. Any restriction to cover with regards to Private Hire as mentioned in this Certificate is therefore cancelled when this endorsement is in
force.
2. No refund shall be allowed for the cancellation of this endorsement.
3. Effective date and expiry date of this endorsement are as specified in the Schedule.
Definitions
1. Authorised E-hailing Driver shall refer to any driver who is registered and licensed with APAD and/or CVLB and is authorised by an
E-Hailing Service provider for the purpose of performing E-Hailing Services using this Car and with Your permission to do so.
2. Bodily Injury shall refer to bodily injury sustained in accident directly and independently of all other causes.
3. CVLB shall refer to the licensing authority in East Malaysia for public service vehicles, i.e. Commercial Vehicle Licensing Board.
4. E-Hailing App shall refer to the electronic mobile application provided by an intermediation business.
5. E-Hailing Services shall refer to the legitimate business as licensed by APAD and/or CVLB of carrying passengers in a private car for
a fee organised through an E-Hailing App. The description of E-Hailing Services and Private Hire are synonymous and applies in
context.
6. Fare-Paying Passenger(s) shall refer to passenger(s) who pay a fare to be transported in the Car pursuant to an E-hailing Service
call together with every person who accompanies them in the same ride.
ZDriverTakaful/CW-BI-062023 Page 22 of 25
7. On Call shall refer to the period between the point the Authorised E-hailing Driver logs on to the E-Hailing App, until:
i. the last Fare-Paying Passenger of the last trip has fully disembarked or alighted from the e-hailing Car, or
ii. when the last trip on the E-Hailing App has ended or has been cancelled through the E-Hailing App, or
iii. when the E-Hailing Driver logs off the E-Hailing App (i.e. the Authorised E-hailing Driver is no longer available for Private Hire
or to accept any trips for e-hailing,
whichever occurs later.
8. Permanent Total Disablement shall refer to disablement that result solely, directly and independently of all other causes from Bodily
Injury and which occurs within three hundred sixty-five (365) consecutive days will in all probability entirely prevent the Authorised E-
Hailing Driver from engaging in employment of any and every kind for the remainder of his/her life and from which there is no hope of
improvement.
9. Private Hire shall refer to the license granted by APAD and/or CVLB which permits a private car to be used for the business of carriage
of passengers for a fee under an E-Hailing Service.
10. APAD shall refer to the licensing authority for public service vehicles, i.e. Land Public Transport Agency (also known as Agensi
Pengangkutan Awam Darat).
Subject otherwise to the terms and conditions of this Certificate.
Endorsement 221A: E-Hailing Private Hire Car- Daily (Non-tariff) (only applicable to Comprehensive Private Car Certificate)
In consideration of the additional contribution that You made for this endorsement, the Certificate shall provide coverage on the following
five (5) “Additional Extended Covers” during the time the Car is On Call while providing an E-Hailing Service, subject to the definitions,
terms, conditions and exclusions as stated in this endorsement:
i. Loss or Damage to Your Own Car (as expressed under Section A of the Certificate)
ii. Liability to Third Parties (as expressed under Section B of the Certificate)
iii. Legal Liability to Fare-Paying Passengers
iv. Legal Liability of Fare-Paying Passengers for Negligent Acts
v. Personal Accident Cover for Authorised E-Hailing Driver
Additional Extended Covers
i. Loss or Damage to Your Own Car
Coverage for Loss or Damage to Own Car will follow the terms and conditions provided under Section A with the exception that
cover now applies when the Car is On Call.
ii. Liability to Third Parties
Coverage for Liability to Third Parties will follow the terms and conditions provided under Section B with the exception that cover
now applies when the Car is On Call.
iii. Legal Liability to Fare-Paying Passengers
We shall indemnify towards You or Your Authorised E-Hailing Driver's liability to any Fare-Paying Passengers being carried in
or upon or entering or getting into or onto or alighting from the Car during On Call except for:
a) death or bodily injury to any person where such death or injury arises out of and in the course of the employment of such
person by You or by Your Authorised Driver;
b) damage to property belonging to or in the custody of or control of or held in trust by You or Your Authorised E-Hailing Driver
and/or any member of Your or Your Authorised E-Hailing Driver's Household unless these are being carried for hire or
reward during the E-Hailing Service;
c) any claims brought against any person in any country in courts outside Malaysia, the Republic of Singapore or Negara Brunei
Darussalam; and
d) all legal costs and expenses which are not incurred in or recoverable in Malaysia, the Republic of Singapore and Ne gara
Brunei Darussalam; and
e) all liability arising from any assault, battery, robbery, medical assistance rendered in an emergency and /or any delay caused
by or contributed to by You or Your Authorised E-Hailing Driver; and
f) all liability caused by or contributed to by the E-Hailing Service provider and/or failure of the E-Hailing App; and
g) consequential loss of any kind arising from any of the above
h) any claims brought against You by any driver of Your Car, whether authorised or not;
iv. Legal Liability of Fare-Paying Passengers for Negligent Acts
We agree that the takaful provided under Section B will include legal liability incurred by any passenger during his ride as a Fare-
Paying Passenger in Your Car on condition that the passenger:
a) is not driving Your Car;
b) is not entitled to indemnity under any other Certificate of takaful; and
c) complies with all the terms and conditions of this Certificate as though he were You.
We will not cover:
a) death or Bodily Injury to any person who is employed by You or the passenger, and who dies or is injured in the course of
such employment;
b) damage to any property that belongs to or is held in trust or in the custody or control of You or the passenger or which is
being carried in Your Car; and / or
c) death or bodily injury to the driver or any other passenger travelling in Your Car at the same time.
v. Personal Accident Cover for Authorised E-Hailing Driver
We will pay the amount as stated below if the Authorised E-Hailing Driver sustains Bodily Injury whilst On Call resulting in any
of the following events within twelve (12) months from the date of accident, whichever occurs first:
ZDriverTakaful/CW-BI-062023 Page 23 of 25
Events Amount (RM)
1. Death 50,000
2. Permanent Disablement
- Injuries resulting in being permanently bedridden.
- Any other injuries causing Permanent Total Disablement 50,000
- Total and irrecoverable loss of sight in one eye.
- Total loss of use or physical severance of one hand or one foot.
3. Weekly Benefit RM 50 per week up to a maximum of
26 consecutive weeks
Provided always that:
a) If You suffer Bodily Injury that results in more than one (1) of the events listed above, We will only pay for one (1) event.
Our total liability shall not exceed RM50,000 during any one (1) Period of Takaful.
b) Weekly Benefit is payable if the Authorised E-Hailing Driver suffers total disablement that prevents him or her from
attending any portion of his or her ordinary occupation, profession or business for a continuous and uninterrupted of time.
c) No compensation shall be payable if the Bodily Injury is directly or indirectly caused by self-inflicted injury, suicide (whether
felonious or not) or any attempt thereat, provoked assault, deliberate exposure to exceptional danger (except in an attempt
to save human life), insanity, any pre-existing physical defects or infirmity, fits of any kind, disease or sickness of any kind
and pregnancy
d) No compensation shall be payable if the Authorised E-Hailing Driver is not authorised by You.
Conditions of Cover
1. Any restriction to cover with regards to Private Hire as mentioned in this Certificate is therefore cancelled when this endorsement is
in force.
2. No refund shall be allowed for the cancellation of this endorsement.
3. Effective date and expiry date of this endorsement are as specified in the Schedule.
Definitions
1. Authorised E-hailing Driver shall refer to any driver who is registered and licensed with APAD and/or CVLB and is authorised by an
E-Hailing Service provider for the purpose of performing E-Hailing Services using this Car and with Your permission to do so.
2. Bodily Injury shall refer to bodily injury sustained in accident directly and independently of all other causes.
3. CVLB shall refer to the licensing authority in East Malaysia for public service vehicles, i.e. Commercial Vehicle Licensing Board.
4. E-Hailing App shall refer to the electronic mobile application provided by an intermediation business.
5. E-Hailing Services shall refer to the legitimate business as licensed by APAD and/or CVLB of carrying passengers in a private car for
a fee organised through an E-Hailing App. The description of e-hailing services and Private Hire are synonymous and applies in
context.
6. Fare-Paying Passenger(s) shall refer to passenger(s) who pay a fare to be transported in the Car pursuant to an E-hailing Service
call together with every person who accompanies them in the same ride.
7. On Call shall refer to the period between the point the Authorised E-hailing Driver logs on to the E-Hailing App, until:
i. the last Fare-Paying Passenger of the last trip has fully disembarked or alighted from the e-hailing Car, or
ii. when the last trip on the E-Hailing App has ended or has been cancelled through the E-Hailing App, or
iii. when the E-Hailing Driver logs off the E-Hailing App (i.e. the Authorised E-hailing Driver is no longer available for Private
Hire or to accept any trips for e-hailing,
whichever occurs later.
8. Permanent Total Disablement shall refer to disablement that result solely, directly and independently of all other causes from Bodily
Injury and which occurs within three hundred sixty-five (365) consecutive days will in all probability entirely prevent the Authorised E-
Hailing Driver from engaging in employment of any and every kind for the remainder of his/her life and from which there is no hope of
improvement.
9. Private Hire shall refer to the license granted by APAD and/or CVLB which permits a private car to be used for the business of carriage
of passengers for a fee under an E-Hailing Service.
10. APAD shall refer to the licensing authority for public service vehicles, i.e. Land Public Transport Agency (also known as Agensi
Pengangkutan Awam Darat).
Subject otherwise to the terms and conditions of this Certificate.
ZDriverTakaful/CW-BI-062023 Page 24 of 25
LODGING COMPLAINT & GRIEVANCE
If You have any complaint of unfair market practices by the company, You may call or write to:
IMPORTANT
You shall read this Certificate carefully, and if any error or mis-description be found herein, or if the cover be not in accordance with
Your wishes, advice should at once be given to Us and the Certificate returned for attention.
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