TERMS AND CONDITIONS
Created on September 2, 2022
These Terms and Conditions govern the use and terms of service of the “Siren Guarantee” (“the Product”) in association with the “Siren” mobile application, provided by BUREAU Inc (“BUREAU”). The Terms and Conditions shall be used in conjunction with the End User Licence Agreement (EULA) and Privacy Policy provided by Bureau Inc. For avoidance of doubt, where there are any Clauses found to be conflicting, the Clause containing terms and conditions most favourable to BUREAU shall prevail.
Location
Only Users in the countries listed below are eligible to participate in the Guarantee programme and Claim against the Guarantee:
Coverage& Fees
Price (“Guarantee Fees”)
200 INR (Indian Rupees Two Hundred only) per month
Coverage Amount
Up to a maximum of 50,000 INR per claim or the equivalent value of the loss; whichever is lower.
A user is only allowed to claim up to a maximum of 50,000 INR per year of policy subscription. This can be comprised of separate or a lump sum claim.
In the event a User has multiple Siren accounts and active policies (e.g. on different devices), the total claims amount allowed per User per annum (regardless of number of active Siren accounts and policies) shall be capped at INR50,000 per annum.
Eligible for Claims
Losses due to Account Takeover (ATO)
- ATO resulting from Siren’s failure to block or flag an incoming call, message or email as dangerous / containing dangerous content causing user to engage
- ATO from theft of personal data from downloaded malware or applications via SMS or email links that Siren did not flag as dangerous
Non Coverage
- False or misleading claims
- Losses arising from incidents of gross negligence or collusion by the user
- Theft of the users’ device or physical payment cards details
- Where the user received warning from Siren, but persisted in interacting with the call/message/email resulting in fraud
- ATM fraud
- ATO from personal data purchased by third party from the dark web
- SIM Swap
- Breach of information from third party site (government database, employee records , medical records etc)
- Social engineering fraud not resulting from communications via the mobile device (call, message or email)
- Fraud losses on devices without an active Siren account and Guarantee
- Account takeover or device takeover due to malicious applications or software installed prior to Siren installation and activation
- Losses due to installation of applications or software apart from Siren, including from unverified developers or sources
- Ransomware
- Cyber extortion or bullying
- Cyber terrorism
- Losses incurred outside of India
Terms & Conditions
- The Subscription Fees for subscribing to the Product shall be as listed in the Coverage & Fees Section 2 and are non refundable. Subject to the exceptions listed under this Guarantee Plan below, in case You subscribe to the Guarantee plan for the Product as provided by BUREAU under the Siren EULA details of which shall also be provided under the Product, BUREAU shall reimburse You for such losses which you may incur as per the terms more specifically provided hereinbelow in accordance with these Terms and Condition of the Guarantee. The Guarantee can only be claimed in the event of direct financial loss resulting from digital ID theft due to BUREAU failing to provide reasonable warning to the User via the application.
- A User shall be entitled to one (1) Siren User Account and Active Guarantee policy per unique username, phone number and device. Any attempts to copy, clone or share an account details or policy coverage across users or devices, will result in termination of service.
- A User may cancel the Guarantee subscription at any time by writing in to help@bureau.id.
- When claiming the Guarantee, please electronically send the (1) proof of unauthorised transaction from the affected accounts (2) a note describing the incident, and the hardware and system on which You are running the Product, (3) Copy of a report to your bank, card issuer, or payments provider or a cybercell report or FIR , whichever is available. (4) Bank account number for funds to be deposited . BUREAU has the right to conduct due diligence as part of the Claims assessment, and will request additional information to verify the claim which You shall comply with, and assist BUREAU by providing the same; where available a digital form shall be provided to you via the Siren mobile application for the purposes of submitting a Claim.
- Till such time as You have subscribed to the Siren Guarantee and respective payment of Guarantee Fees has been received by BUREAU, BUREAU shall not be liable and/or responsible directly or indirectly to the individual Users or You for any losses as per the Guarantee plan. It is clearly agreed by the User that other than the subscription amount as advised by BUREAU no other amount, whether as services charges or administrative charges/fees or otherwise be collected by BUREAU from Users under this Agreement.
- For eligible Users, they shall be eligible to claim for any losses up till the limits described in the Terms and Conditions. The Term of Eligibility shall be from the Guarantee Inception Date and till the End Date which shall be as per the dates and details of the first day of Payment, and as indicated in the profile section of the mobile application. The User is not entitled to and shall not receive any Certificate of Insurance nor shall the services under this Agreement be construed as equivalent to an insurance policy.
- User undertakes and agrees that they or any such user shall not transfer, assign, or otherwise convey their rights and duties under the Guarantee plan to any other person whatsoever. The Guarantee plan is for only such User who subscribes to the plan as per the SIREN EULA and accordingly can only be used by such User who is registered with BUREAU. Further, once subscribed by any User, the same cannot be transferred, assigned or otherwise conveyed by BUREAU and/or any of its affiliates
- The liability of BUREAU is limited to the cost of subscription or Guarantee Fees received from by the User up to the point of action being filed, or not more than to a maximum of INR 10,000 (Indian Rupees Ten Thousand only), whichever is lower as the same shall be decided basis the claim of such user, and the total Guarantee Fees paid by such user. However, in case all payments towards the Guarantee Fees have been paid by the user, BUREAU shall be liable for a maximum of INR 10,000 (Indian Rupees Ten Thousand only).
- The User, in making a claim for the Guarantee, shall furnish the requisite information and documents for making a claim as required by BUREAU wherein all such information and documents should clearly highlight as to how any such claim incurred. For claims that are approved, the User shall provide BUREAU with the User’s Bank details for remittance of the claim amount. The settlement of the Guarantee, including the final amount paid out to the claimant, shall be solely decided at the sole discretion of BUREAU, and BUREAU shall not be required to describe the reasons for rejection of the claim of the User.
- Further, BUREAU is under no liability to the respective Users or to his/her legal heirs, except as per and in terms of Section 5 of the EULA. BUREAU reserves the right to ask for claim documentation and proof of association by the claimant/ and associated parties, as per the merits of the claim and the same shall be furnished by the respective User to BUREAU, and ensure the required help, assistance and co-operation to review the claim is provided.
Exceptions: The Guarantee can only be claimed in the event of direct financial loss resulting from digital ID theft due to BUREAU failing to provide reasonable warning to the User via the application.
The Guarantee does not cover situations in which:
- User suffers any financial loss from digital Digital Identification or Personally Identifiable Information (PII) theft, despite or even after the SIREN APP PRODUCT having provided reasonable warning to the User of potentially fraudulent or, untrustworthy messages, content and/or, calls. Such warnings or alerts shall be limited to the available features of the mobile application / software as per the User’s region.
- Digital / Personal Identification theft due to circumstances which are outside of such use cases available in the PRODUCT or such breach or Identification theft which occurs due to such methods which are outside the limitations of technology, software, processes and/or methods used by BUREAU to protect such information of their Users.
- User account breach due to gross negligence and/or wilful misconduct by the User.
- Digital ID Identification theft Theft or and/or any financial loss due to theft of personal devices, virus attack, major malfunction(s) in device and/or network used by the user, QR code fraud, payments cards fraud, unauthorized ATM card(s) usages, unauthorized withdrawal of funds via ATM fraud.
- Indirect, third party damages, or damages to physical persons or property.
- The User has orchestrated the loss from their accounts; including having colluded or knowingly provided his/her Personal Identifiable Information to a third party, for the purposes of defrauding BUREAU by unlawfully making a Claim. In such instances, BUREAU reserves the right to claim damages from the User or proceed with legal action against the User.
- Other conditions as stated in Section 2 of this agreement.
All of BUREAU’s obligations under the Guarantee shall be null and void in the event the User attempts to or successfully defrauds BUREAU, or the User causes damages either direct or indirect to BUREAU. BUREAU shall terminate the policy and the Users rights under the policy agreement. The User shall not be entitled to any payments or reimbursement of monies paid to BUREAU.
Claims
- Please inform us via the “Claims” section of our website or application should you fall victim to any identity theft that results in loss of your personal finances,. E.g.for instance if you were to become a victim of account takeover of an e-wallet, and funds were withdrawn without your consent.
- You shall have 14 (fourteen) days from the time of the incident to report the incident to BUREAU and file a claim for the Guarantee.
- Please provide BUREAU with a detailed description about the incident, and proof of unauthorized loss of funds.
- Depending on the complexity of the claim, or the need for investigation, your Guarantee will be processed anywhere between 1 to 15 (fifteen) working days.
- The decision by BUREAU with respect to your Claim shall be final and binding.
- This Guarantee applies only to paid subscribers of the Siren mobile application.
- You must be an active subscriber to be eligible to claim the Guarantee. Users shall still be eligible to make a claim within 15 (fifteen ) days of the subscription expiration date, provided that the loss was incurred during the active subscription period.
- The Siren app must have been downloaded and active on Your device during the incident. You must have had all permissions granted to the application at that time.
- In the event You received prior warning or an alert from us regarding a suspicious communication via your mobile (e.g. an SMS, email, call or URL), but wherein you did not take the recommended actions when as advised, BUREAU shall not be held liable and/or be responsible to pay for any of your claims or losses as may be raised by You. (For instance, we will advise you to take remedial action in the event there is a likelihood of your passwords or data being leaked, for instance, changing your passwords or contacting your bank.)
- BUREAU has the right to request usage logs of the application from you, a copy of a cybercell report, a copy of a report to your bank, an FIR, and evidence where required, to verify if your claim is genuine.
- A User has the right to claim the Guarantee amount up to INR10,000 per annum irrespective of the number of active accounts or policies the User may hold on different devices.
Law, Jurisdiction and Dispute Resolution
If you have any Dispute with the services and/or with the Product or with Bureau, you must send written notice describing the Dispute to BUREAU to allow BUREAU an opportunity to resolve the Dispute informally through negotiation. Your notice must be sent to the following address: Flat No.1002 ,10th Floor,Safal heights, Moti Baug,next to Ratna Market, Chembur, Mumbai, Maharashtra 400071. If we have a Dispute with you, we will send written notice (email or letter) describing the Dispute to you. The parties agree to negotiate resolution of a Dispute in good faith for no fewer than 30 days after notice of a Dispute has been provided.
If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Bureau may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (“Act”). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Mumbai and the language of this arbitration shall be English. Either You or BUREAU may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai, India necessary to protect the rights or the property belonging to You or BUREAU (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor BUREAU may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Bureau. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against BUREAU must be resolved by a court having jurisdiction in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
