Business - Fulfilling Insurance Needs - Office Protection Plan

Office Protection Plan Terms & Conditions

N.B. For your own protection, please read this Policy carefully. If it is not in accordance with your intentions, please return it immediately for alteration.

Whereas the Insured named in the Schedule by a Proposal and Declaration which shall be the basis of this Contract and is deemed to be incorporated herein, has applied to the Company for the insurance hereinafter specified.

Now this Policy witnesseth that in consideration of the payment of premium by the Insured to the Company who hereby agrees, subject to the terms, limitations, exceptions and conditions contained herein, affixed hereto or endorsed herein (all of which are deemed to be incorporated herein) to indemnify the Insured in respect of any or all the accidents hereinafter mentioned happening during the Period of Insurance or during any subsequent period for which the Company shall have accepted the premium required for renewal of this insurance.

Provided always that the due observance and fulfilment by the Insured of all the Terms contained or incorporated herein shall be a condition precedent to any liability on the part of the Company under this Policy.

DEFINITIONS
The following terms, when used in this Policy, shall have the below-mentioned meaning:

Business
The business insured by this Policy is the business carried on at the Premises located at the situation as specified in the Schedule.

Earnings
As defined under the Employees' Compensation Ordinance such as wages, salaries, bonuses, allowances and all other benefits paid by the employer to the employee.

Employee
The meaning of employee shall be the same as defined under the Employees' Compensation Ordinance.

Money
Cash, bank and currency notes, cheques, postal orders, money orders, crossed bankers' drafts, current postage stamps, unexpired units in franking machines and credit card sales vouchers, all belonging to or for which the Insured is responsible.

Office Contents
Contents at the Premises, including but not limited to:

a)	Office furniture, fixtures, fittings and utensils
b)	Office equipment, appliance or machinery and internal telephone installations
c)	Interior decorations, tenants' improvements and landlords' fixtures and fittings for which the Insured is responsible
d)	Books, deeds, manuscripts, maps, architects' plans, documents, patterns, models, moulds, plans and designs
e)	Fixed glass, mirrors and Valuables
f)	Personal Effects (including Valuables) of the Insured, the Insured's directors, partners and employees so far as the same are not otherwise insured. Cover in respect of this item operates only whilst at the Premises
but excluding Money, securities or other negotiable documents, travel tickets, or property more specifically insured, unless specially mentioned in the Schedule.

Premises
The buildings of the Insured's office located at the Situation shown in the Schedule which are built and roofed with cement and concrete.

Stock
Stock in trade and samples of general merchandise. This item specifically excludes all high-value goods, including but not limited to mobile phone, electronic goods, video, audio and photographic equipment, precious metals & gems, jewelry & watch, fur, edible bird's nest, ginseng and the like.

Terms
All terms limitations exceptions and conditions contained or endorsed onto the Policy and Schedule.

SECTION 1 - OFFICE CONTENTS

Cover
The Company will subject to the Limits of Indemnity as stated below indemnify the Insured by payment, repair, reinstatement or replacement of property against accidental physical loss of or damage to Office Contents and Stock whilst contained in the Premises.

Limits of Indemnity
The Company's liability under this Section shall not exceed in respect of:

a)	any one item of office equipment, appliance or machinery		HKD100,000
b)	any one item of Stock		HKD2,000
c)	Computer systems' records:
	i)	any one item	HKD10,000
	ii)	any one occurrence	HKD100,000
d)	any one deed, document, book, map, plan, model, records, card, tape, file or transparency etc.:
	i)	any one item	HKD3,000
	ii)	any one occurrence	HKD25,000
Cover in respect of (c) and (d) is limited to the value of the materials together with the cost of clerical labour and time expended in writing up or reproducing the lost or damaged items (excluding any expenses in connection with the production of information to be recorded), and not for the value of the information contained therein.
e)	Valuables for business purpose belonging to or for which the Insured is responsible (other than Stock or Personal Effects specified under item (f) below)
	i)	any one item	HKD5,000
	ii)	any one occurrence	HKD20,000
f)	Personal Effects (including Valuables) belonging to the Insured, the Insured's partners, directors and employees:
	i)	any one person	HKD5,000
	ii)	any one occurrence	HKD10,000
g)	other article limit other than the above		HKD10,000
h)	all loss or damage during any one Period of Insurance		the Sum Insured as stated in the Schedule

Definitions

1.	Valuables Jewellery, gold, silver, precious stones or metals, watches, furs, antiques, pictures, works of art, sport equipment, stamps or coins.
2.	Personal Effects Clothing and articles of personal use that are designed to be either worn or carried excluding Money.

Extensions and Clauses
Subject to the Company's maximum liability not exceeding the Limit of Indemnity applicable to Section 1, the Policy is extended to indemnify the Insured for:

1.	Temporary Removal Loss of or damage to Office Contents (other than deeds, non-negotiable documents, Personal Effects, portable phones or computer, fixed glass and mirrors) whilst temporarily removed from the Premises but within Hong Kong SAR for cleaning, renovation, repair or similar purpose subject to the Company's maximum liability not exceeding HKD100,000 in respect of any one occurrence and the respective Limits of Indemnity applicable to relevant items of the Office Contents.
2.	Damage to Premises Damage to the Premises, including replacement of locks and keys, for which the Insured is responsible caused by theft or attempted theft involving forcible and violent means of entry into or exit from the Premises for up to 10% of the Sum Insured on Office Contents in respect of any one occurrence.
3.	Damage to Fixed Mirror or Glass Accidental breakage of fixed mirror or glass whether installed in the windows, doors or otherwise, including the reasonable cost of temporary boarding-up arising from such breakage, for up to HKD5,000 in respect of any one occurrence. This extension specifically excludes damage caused by scratching and the cost of lettering or decoration of the glass or mirror.
4.	Removal of Debris The reasonable cost of removing debris of the Office Contents and Stock necessarily incurred following loss or damage covered under this Section for up to HKD100,000 in respect of any one occurrence.
5.	Fire Extinguishing Expenses The Sum Insured under this Section includes the costs and expenses necessarily and reasonably incurred by the Insured in the prevention of fire at or adjoining the Premises and threatening the insured Office Contents and Stock. Such expenses shall include fire brigade charges, the cost of recharging or replacing fire extinguishing equipment and all other costs and charges associated with the extinguishment or prevention of the fire subject to the maximum amount of HKD50,000 for any one occurrence.
6.	Alterations, Decoration or Repair Clause Loss of or damage to the Office Contents and Stock as insured under this Policy will not be prejudiced by any alteration, repair, decoration, or maintenance works performed by any outside contractor at the Premises, provided that the value of such works shall not exceed HKD500,000 each contract. In the event of any contract exceeding HKD500,000, prior notice must be given to the Company who reserves the right to charge an additional premium for inclusion of such contract in the coverage hereunder. For the purpose of this clause, this insurance shall not apply to the contract works or additional property incorporated unless such work has been completed and declared to be included in the Policy and the Sum Insured being revised to reflect the same. The Company shall not be liable for any claim which is recoverable under any other material damage policy or under any Contractors All Risks policy effected by the Insured or the Insured's contractors.
7.	Capital Additions Clause (not applicable to stock item) This Section extends to include additions and extensions to property insured, but not appreciation in value, made after the commencement of each period of insurance for an amount not exceeding 10% of the sum insured for Section 1. It being understood that the Insured shall declare annually the value of any such additions and extensions and shall pay the appropriate additional premium required from inception of the additional cover.

Errors & Omissions Clause
This Policy shall be voidable in the event of wilful misrepresentation, misdescription, or non-disclosure in any material particular, at the commencement of this insurance.
However, it is agreed that this policy will not be invalidated by:

a)	Any unintentional or inadvertent error or omission in name description or valuation of the interest hereby insured or statement of material particular, or
b)	Any breach of a policy condition or warranty or by reason of anything being done or omitted to be done in respect of any premises or portion of premises not occupied by the Insured, whether constituting an increase in risk or not.

Provided that the Insured shall upon becoming aware of such error, omission or breach of fact, inform the Company thereof as soon as reasonably practicable and the Insured shall pay an appropriate additional premium upon request by the Company from the date of any increase in risk.

Time Adjustment Clause
In the event of loss destruction or damage to the property insured caused by typhoon, storm, tempest, flood or earthquake the amount of Excess as specified in the Schedule in respect of each and every such claim shall apply afresh and be deducted again in respect of any loss or damage occurring after seventy two hours freedom from typhoon, storm, tempest, flood or earthquake.

Basis of Settlement
The Company may at its option, repair replace reinstate or pay in cash the amount of the loss or damage. The amount payable will be the cost of repairing or replacing the property (other than for Stock) without deduction for wear and tear and depreciation provided that the costs have been incurred for replacement or reinstatement to a condition similar to but not better than new.
If two or more articles are insured under a single item or a set for the purpose of determining the Company's maximum liability per article the Basis of Settlement in respect of that item or set shall be deemed to have been apportioned equally between the said articles.
If at the time of loss destruction or damage the Sum Insured by this Section is less than the value of all property covered under this Policy, the Insured shall bear a share of the loss or damage corresponding directly to the proportion of underinsurance.

Automatic Reinstatement of Sum Insured
In the event of loss or damage recoverable under this Section the Sum Insured will be automatically reinstated from the date of notification of a claim. The Company reserves the right to charge an additional premium on a pro-rata basis from the date of the loss to the expiration of the Policy.

Exceptions

This Section does not cover:

1)	the first amount specified in the Schedule as Excess in respect of each and every claim,
2)	Money, securities or other negotiable documents, travel tickets, except specially insured under specific Section of this Policy,
3)	property more specifically insured under any other insurance,
4)	watercraft, aircraft, motor vehicles or other mechanically or electrically propelled vehicles or accessories licensed for road use,
5)	any part of the structure of the building unless specially extended under the Policy,
6)	explosives, animals or livestock, plant, property in the open,
7)	loss of or damage to property undergoing construction, erection, installation, or the imposition of abnormal conditions directly or indirectly resulting from testing, intentional overloading, or experiments,
8)	loss of or damage to property being worked on and directly arising from any process of manufacture, repair, alteration or servicing,
9)	the cost of normal upkeep or making good,
10)	breakage of china, porcelain or other brittle articles (other than sanitaryware, fixed glass or mirrors) unless due to fire or theft,
11)	loss of or damage to any boiler, economisers, turbines, or other pressure vessel including pipes, valves and other apparatus thereof, resulting from explosion, rupture, collapse, bursting, cracking, burning out or bulging thereof, provided that this Exception is limited to the aforementioned items immediately affected and does not extend to other property as a result of such explosion, rupture or bursting,
12)	consequential loss of any kind,
13)	any loss or shortage arising from unexplained disappearance, inventory shortage, misfiling or misplacing, accounting or clerical errors or omissions, or any claim which are not identifiable with a specific occurrence insured by this Section,
14)	any loss, damage or costs arising from false programming, punching, labelling or inserting, inadvertent cancelling of information or discarding of data carrying media, and loss of information caused by magnetic fields,
15)	the cost of rectifying defective design, materials or workmanship but this Exception will not apply to other property insured under this Policy which is lost or damaged in consequence of such defective design, materials or workmanship.

This Section does not cover loss or damage caused by or arising from:

16)	wear, tear, depreciation, inherent vice, latent defect, rust, corrosion, mildew, mould, fungus, wet or dry rot, gradual deterioration or slowly developing deformation or distortion, pollution or contamination, insects, larvae, moths, vermin, scratching of glass or any process of cleaning, dyeing, repairing, restoring or renovation,
17)	delay, confiscation, detention or destruction by Customs or other Officials or Authorities,
18)	fraud or dishonesty of any member of the Insured's directors, partners or employees,
19)	mechanical or electrical breakdown or derangement, but loss or damage by fire or explosion ensuing therefrom is not excluded,
20)	change in temperature or humidity, failure or inadequate operation or any variation in temperature of an air-conditioning, cooling or heating system,
21)	the failure of the supply of water, gas, electricity or fuel, or the deliberate act of the suppliers of water, gas, electricity or fuel,
22)	misuse or use contrary to manufacturers' instructions or specifications of office appliances and equipment,
23)	failure of design, fault, defect or omission in designs, plans or specifications,
24)	shrinkage, evaporation, loss of weight, change in flavour, colour, texture or finish, action of light, or exposure to weather conditions,
25)	total or partial cessation of work or the retarding or interruption or cessation of any process or operation caused thereby,
26)	the insured property's own fermentation, natural heating or spontaneous combustion, or by its undergoing any heating or drying process.

SECTION 2 - BUSINESS INTERRUPTION

Cover
If the Business is interrupted as a consequence of loss or damage by an insured event for which the Company has admitted liability under Section 1 of this Policy the Company will indemnify the Insured up to the Limit of Indemnity stated in the Schedule in respect of the Increased Cost of Working resulting from such interruption.

Definitions

1)	Increased Cost of Working The additional expenditure necessarily and reasonably incurred by the Insured during the Indemnity Period for the sole purpose of maintaining in that period a turnover of business not exceeding that of the corresponding period in the twelve months immediately prior to the interruption.
2)	Indemnity Period The period beginning with the occurrence of the loss or damage causing the interruption and ending not later than the number of months specified in the Schedule thereafter during which the Increased Cost of Working shall be incurred in consequence of the interruption.

Extensions
This Section extends to cover:

1)	Professional Accountants' Charges Professional Accountants' charges up to HKD50,000 in respect of any one occurrence necessarily and reasonably incurred for producing and certifying any particulars, information or evidence required by the Company in connection with the investigation and verification of claim under this Section.
2)	Denial of Access Increased Cost of Working resulting from interruption of the Business in consequence of loss of or damage to property in the vicinity of the Premises which prevents or hinders the use of the Premises or access to it irrespective of whether the insured Premises or Office Contents are damaged or not provided that the Company shall not be liable for any claim relating to the first 48 consecutive hours of each such interruption.
3)	Failure of Public Utilities Loss as insured by this Section resulting from interruption of the Business in consequence of loss of or damage to property at any electricity station or sub-station, gas works or water works of the public utility undertakings from which the Insured obtains electricity, gas or water provided that the Company shall not be liable for any claim relating to the first 48 consecutive hours of each such failure.

Exception
Cover shall cease automatically once the Business is wound up or otherwise permanently discontinued or is carried on by a receiver or liquidator.

SECTION 3 - MONEY AND ASSAULT

Cover
The Company will indemnify the Insured against accidental loss of Money anywhere in Hong Kong SAR and Macau SAR up to the Limit of Indemnity specified below in respect of any one occurrence:

Limits of Indemnity

Crossed cheques, crossed money or postal orders, crossed bankers' drafts and credit card sales vouchers

HKD300,000

Money other than item (a) above:

i)	In transit or in a bank night safe	HKD50,000
ii)	At the Premises during business hours	HKD50,000
iii)	At the Premises after business hours - in a locked safe or strongroom - not in a locked safe or strongroom	HKD50,000 HKD5,000
iv)	In transit to and from the Premises and, whilst at the residence of directors, partners or authorized employees.	HKD2,500

Extensions
This Section extends to cover:

Personal Assault
Should the Insured or any of the Insured's partners, directors or employees aged between 18 and 65 years sustain bodily injury by violent external and visible means as a result of theft or attempted theft in the course of his duties in the Insured's Business the Company will pay to the Insured (or to his legal personal representative) HKD100,000 in respect of each such person should such injury solely and directly within 12 continuous months from the occurrence thereof resulting in death or total and permanent disablement from engaging in or attending to employment or occupations of any and every kind.
The Company's maximum liability under this Section is limited to HKD200,000 in respect of any one occurrence.

Damage to Safes
In the event of loss of or damage to safes or strongroom directly associated with any theft or attempted theft therefrom, the Company will indemnify against such loss or damage up to HKD50,000 in respect of any one occurrence and provided that the same claim cannot be made under the other Sections of the Policy.

Exceptions
This Section does not cover:

1)	any loss arising from fraud or dishonesty of the Insured or any of his directors, partners or employees
2)	shortage due to error or omission or any loss not identifiable with a specific event
3)	loss from any unattended vehicle
4)	any loss not notified to the Company within 14 days of its occurrence
5)	loss of Money entrusted to any person other than the Insured or an employee of the Insured
6)	loss of Money in transit by post
7)	loss resulting from a safe or strongroom being opened by the use of any key or combination code unless this has been obtained by violence or threat of violence to any person.
8)	loss due to depreciation in value
9)	loss more specifically insured under specific policy or policies

SECTION 4 - PUBLIC LIABILITY

Cover
The Company will subject to the Limit of Indemnity and the Jurisdiction Clause indemnify the Insured against all sums which the Insured shall become legally liable to pay as damages consequent upon

a)	accidental Injury to any person other than an Employee
b)	accidental loss of or damage to property other than
	i)	property belonging to the Insured or held in trust by or in his custody or control or
	ii)	property held in trust by or in the custody or control of an Employee or an agent of the Insured in the course of the Business

happening in the Premises during the effective period of insurance in connection with the Business.
The Company will also pay legal costs and expenses incurred with the written consent of the Company.

Limit of Indemnity
The liability of the Company shall not exceed the limits as stated in the Schedule. Provided always that in respect of any one claim or a series of claims resulting from or arising out of one original cause the Company's liability to the Insured under this Section, including costs and expenses incurred with the Company's written consent, and irrespective of the number of party or parties claiming to be indemnified under this Section, shall not in aggregate exceed the amounts specified in the Schedule as the Limit of Indemnity for any one accident and any one period of insurance.

Definition
The Business
For the purpose of this Section only, the Business hereunder will also include the provision and management of canteens, social sports and welfare organizations for the benefit of the Insured's Employees and internal first aid, fire and ambulance services.

Extensions
This Section extends to cover:

1)	Overseas Commercial Visits The indemnity is extended to apply to legal liability incurred by the Insured or any of the Insured's directors, partners or employees during occasional visits outside Hong Kong SAR in connection with the Business provided that the cover hereunder shall not apply to manual working assignments abroad and the Insured or any of the Insured's directors, partners or employees who normally reside in Hong Kong SAR shall observe, fulfil and be subject to the Terms, Limits and Jurisdiction Clause of the Policy.
2)	Food and Drink Extension The Company hereby agrees to extend cover the Insured's legal liability for bodily injury or illness directly caused by food or drink poisoning or the presence of deleterious matter in such food or drink provided that such food and drink are supplied free of charge as a service to employees or visitors for consumption in the Premises.
3)	Tenants Liability Notwithstanding anything herein contained to the contrary it is hereby agreed that the Company will subject to its terms, limitations and conditions extend to cover the Insured's legal liability as tenant to the landlord against loss of or damage to the Premises or fixtures or fittings thereof hired or rented to the Insured provided that this extension shall not apply to any liability assumed under a tenancy or other agreement but which would not have attached in the absence of such agreement.
4)	Independent Contractor's Liability This policy extends to indemnify all sums which the Insured shall become legally liable to pay as damages consequent upon Injury to person or damage to property arising out of or caused by or in connection with the alteration and/or addition to the Premises owned occupied or managed by the Insured provided always that the value of such works does not exceed the total of HKD500,000. It is further agreed that the Company shall not be liable for any claim recoverable from any valid third party liability insurance or the third party liability section of any Contractors' All Risks insurance held by the Insured or the Insured's contractors.

Exceptions
This Section does not cover liability in respect of:

Injury to or illness of

any person employed under a contract of service or apprenticeship with the Insured if such bodily injury or illness arises out of and in the course of the employment

any person by whom or by whose dependants any claim is brought against the Insured under the Employees' Compensation Ordinance or any Workmen's Compensation Legislation

any liability which attaches by virtue of an agreement but which would not have attached in the absence of such agreement

Injury or loss or damage caused by vibration or by the removal or weakening or interference with support to land buildings or any other property

expenditure incurred in doing or re-doing or making good any work which the Insured or any employee or agent of the Insured is or has been working on

any claim arising from caused by in connection with resulting from or attributable to

the ownership or possession or use by or on behalf of the Insured of

i)	any mechanically propelled vehicle or any trailer except the use within confined premises of a vehicle or trailer which is not licensed for road use and is not subject to compulsory insurance requirements under any road traffic legislation
ii)	any aircraft or watercraft

crane, lift, elevator, hoist or other lifting equipment

the explosion of any boiler or other pressure vessels or apparatus

any goods (or the container thereof) sold and supplied by the Insured except food and drinks supplied under Extension 2) of this Section

pollution or contamination of any kind

asbestos

Injury loss or damage caused by sub-contractors to the Insured or any person in the service of and/or acting on behalf of such sub-contractor

any breach of professional duty service advice or treatment and the dispensing of any medicine or drug by the Insured, his partners, directors, employees or agents

fines, penalties, punitive or exemplary damages

any liability arising directly or indirectly out of, caused by or in connection with the existence, handling, processing, manufacturing, mining, sale, transportation, distribution, storage, use, removal, remediation, treatment, disposal or escape of:

asbestos or silica dust

asbestos, asbestos products or any product containing asbestos

SECTION 5 - EMPLOYEES' COMPENSATION
(Please refer to the Schedule to see if this Section is insured.)

Cover
If any employee in the Insured's immediate service shall sustain bodily injury by accident or disease arising out of and in the course of his employment by the Insured in the Business the Company will subject to the Jurisdiction Clause and the other Terms of this Policy indemnify the Insured against liability at law (including liability under the Legislation) to pay compensation and claimant's costs and expenses in respect of such injury or disease.
Provided always that in the event of any change in the liability of the Insured under the Legislation this Policy shall remain in force but the liability of the Company shall be limited to such sum as the Company would have been liable to pay if the Insured's liability had remained unaltered.

Limit of Indemnity
The liability of the Company shall not exceed the limit as stated in the Schedule. Provided always that in respect of any one claim or a series of claims resulting from or arising out of one event the Company's liability to the Insured under this Section, including costs and expenses incurred with the Company's written consent, and irrespective of the number of persons or Insureds claiming to be indemnified under this Section, shall not in aggregate exceed the amount specified as the Limit of Indemnity in the Schedule.
The term "any one event" has the meaning assigned to it by the Legislation specified in the Policy.

Definition
Legislation means the Employees' Compensation Ordinance of Hong Kong SAR.

Avoidance of Certain Terms and Right of Recovery
If the Company is obliged by the Legislation to pay an amount for which the Company would not otherwise be liable under this Policy the Insured shall repay the amount to the Company.
Exceptions
The Company shall not be liable in respect of:

a)	the Insured's liability to employees of contractors to the Insured
b)	any liability of the Insured which attaches by virtue of an agreement but which would not have attached in the absence of such agreement
c)	any sum which the Insured would have been entitled to recover from any party but for an agreement between the Insured and such party
d)	any employee who by nature of his duty habitually or permanently carried out the Insured's Business in construction sites or engaged in any construction related business unless such employee involves only in clerical and non-manual activities
e)	any person who is not an "employee" within the meaning of the Legislation
f)	any liability arising from pneumoconiosis or noise-induced deafness
g)	any late payment surcharges or fines for which the Insured may become liable under the Legislation
h)	all bodily injury losses to self-employed persons or sole proprietors
i)	any liability arising directly or indirectly out of, caused by or in connection with the existence, handling, processing, manufacturing, mining, sale, transportation, distribution, storage, use, removal, remediation, treatment, disposal or escape of: 1. asbestos or silica dust 2. asbestos, asbestos products or any product containing asbestos

Terrorism Endorsement
Notwithstanding any provision to the contrary in this Policy or any endorsement thereto it is hereby declared and agreed that this Policy excludes, and no amount shall be payable by the Company in respect of any loss, damage, cost, expense or claim of whatsoever nature ("Loss") directly or indirectly caused by, resulting from or in connection with terrorism (except Terrorism otherwise specified below) regardless of any other cause or event contributing concurrently or in any other sequence to the Loss.

The Company shall only be liable to make any payment in respect of any Loss caused by, resulting from or in connection with Terrorism (regardless of any other cause or event contributing concurrently or in any other sequence to the Loss) subject to the following terms and conditions:

1)	The Policy Limit of Indemnity shall be such amount which the Company actually receives from the Government of the Hong Kong Special Administrative Region of the People's Republic of China ("the Government") pursuant to an Agreement for Provision of Facility dated 11th January 2002 between the Government and the Company under which the Government agreed to make available to the Company and other direct insurance companies authorized to underwrite employees' compensation insurance business in Hong Kong SAR a facility to enable them to meet claims for Loss under employees' compensation insurance policies arising out of an event of Terrorism ("the Facility Agreement");
2)	The Company will only be required to make payment after it has received from the Government (i) an approval letter confirming that the Company should settle the claim and (ii) payment under the Facility Agreement;
3)	For the avoidance of doubt, the Company shall have no obligation to make payment if for whatever reason it does not receive payment from the Govemment under the Facility Agreement, whether or not due to the Government's contention that the Loss does not fall within the scope of the Facility Agreement or the Company's breach of the Facility Agreement; and
4)	The Company's liability is limited to the minimum cover required under the Employees' Compensation Ordinance. "Terrorism" means the use of force or violence or other means or the threat thereof, of any person or persons, whether acting alone or on behalf of or in connection with any organization or government, for political, religious, or ideological purposes with an intention to influence any government and/or to put the public, or any section of the public, in fear. If the Company alleges that the Loss relating to Terrorism is not covered by this Policy, the burden of proving the contrary shall be upon the Insured. In the event any part of this Endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. Words and phrases in this Endorsement shall have the same meaning as in the Policy.

Special Provision
It is understood and agreed that no policy liability shall attach in respect of the following unless the Company agrees to extend the insurance by separate endorsement and subject also to the Insured having paid the agreed additional premium:
a) any Injury happening outside Hong Kong SAR
b) truck or van drivers and delivery workers
c) any employee who works permanently or constantly outside the Insured's Premises

Special Condition
The first premium and all renewal premiums that may be accepted are to be regulated by the number of employees and the total Earnings paid by the Insured to employees during each period of insurance. The name of every employee together with his Earnings shall be properly recorded and the Insured shall at all times allow the Company to inspect such records and shall supply the Company with a correct account of the number of employees and all such Earnings paid during any period of insurance within one month from the expiry date of the policy. If the number of employees and the amount so paid shall differ from the amount on which premium has been paid the difference in premium shall be met by a further proportionate payment to the Company.
In the event of the number of employees or the total Earnings on which the premium is based being insured or declared is less than the actual, the amount of compensation payable shall be reduced proportionately.

GENERAL EXCEPTIONS (Applicable to all sections)

This insurance does not cover any claim of whatsoever nature:

occasioned by or through or in consequence directly or indirectly of mutiny, strike, riot or martial law

occasioned by or through or in consequence directly or indirectly of confiscation or detention by customs or other officials or authorities

directly or indirectly caused by or arising from or in consequence of or attributable to:
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;
c) pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds.

caused by or resulting from unexplained or mysterious disappearance

in respect of consequential loss or damage of any kind except as otherwise provided for in this Policy

HIV related illness including AIDS and/or any mutant derivatives or variations thereof however caused

including:

i)	loss, destruction or damage
ii)	consequential loss, additional expenditure, extra expenses, lost profits
iii)	legal liability
iv)	other fees, costs, disbursements, awards or other expenses
of whatsoever nature directly or indirectly caused by or contributed to by or consisting of or arising in whole or in part from

a)	the way in which any DATA PROCESSING SYSTEM responds to or deals with or fails to respond to or fails to deal with any TRUE CALENDAR DATE
b)	any DATA PROCESSING SYSTEM responding to or dealing in any way with
	i)	any data denoting a calendar date or dates as if such data did not denote a calendar date or dates
	ii)	any data not denoting a calendar date or dates as if such data denoted a calendar date or dates whether such DATA PROCESSING SYSTEM is the property of the Insured or not and whether operating before during or after the Year 2000.

But this shall not exclude subsequent loss destruction or damage or consequential loss additional expenditure extra expenses lost profits (not otherwise excluded) which itself results from a DEFINED PERIL otherwise covered by this Policy.

Definitions
For the purposes of this Endorsement, the following special meaning shall apply:-

-	DATA PROCESSING SYSTEM" shall mean any computer or data processing equipment or media or microchip or integrated circuit or any similar device or any computer software or computer firmware.
-	"TRUE CALENDAR DATE" shall mean the then-current calendar date or any other calendar date intended by the user of the DATA PROCESSING SYSTEM, irrespective of how such date may be interpreted or processed by the DATA PROCESSING SYSTEM.
-	"DEFINED PERILS" shall mean fire, lighting, explosion, aircraft or other aerial devices or articles dropped therefrom, riot, civil commotion, strikers, locked-out workers, persons taking part in labour disturbances, malicious persons, earthquake, subterranean fire, storm, tempest, flood, overflow of water from any tank apparatus or pipe, impact by any vehicle or by goods falling therefrom or animal.

SUBJECT OTHERWISE TO THE TERMS, CONDITIONS AND LIMITATIONS OF THE POLICY.
If the Company alleges that by reason of these General Exceptions any claim is not covered by this Policy, the burden of proving that such claim is covered shall be upon the Insured.

II. War and Terrorism Exclusion (including Contamination and Explosives) Endorsement
Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance 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:

1)	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; or
2)	any act of terrorism; or
3)	biological or chemical contamination, missiles, bombs, grenades, explosives due to any act of Terrorism.
For the purpose of this insurance: (a) 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; (b) "contamination" means the contamination, poisoning, or prevention and/or limitation of the use of objects due to the effects of chemical and/or biological substances. This insurance 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 (1), (2) and/or (3) above. If the Company allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Insured. In the event any portion of this exclusion is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

III. Property Damage Clarification Clause
Property damage covered under the Policy shall mean physical damage to the substance of tangible property. Physical damage to the substance of tangible property shall not include damage to data or software, in particular any alteration of, deletion of, loss of data, software or computer programs.
Consequently the following are excluded from the Policy:

	a)	Loss of or damage to data or software, in particular any alteration of, deletion of, loss of data, software or computer programs 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 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.

GENERAL CONDITIONS (Applicable to all sections)

Identification
This Policy and the Schedule shall be read together as one contract and any word or expressions to which a specific meaning has been attached in any part of this Policy or of the Schedule shall bear such specific meaning wherever it may appear. In this Policy any reference to the singular will include the plural and vice versa and any reference to one gender will include the other gender.

Mis-statement or Fraud
Any false statement made by the Insured in the application of this insurance or making a false or fraudulently inflated claim shall entitle the Company to repudiate liability and all covers under this Policy shall be forfeited.

Reasonable Precautions
The Insured shall use all reasonable diligence and care to keep the premises and property in a proper state of repair and additional precautions to be taken for the prevention of accident Injury loss or damage as the circumstances may require and shall comply with all statutory obligations. The Company shall not be liable for any claim caused by a defect which the Insured has failed to remedy after having received notice of such defect either from the Company or any person or public body.

Alteration in Risk
Unless the written consent of the Company has been obtained before the occurrence of any claim, the insurance ceases to attach if there is any alteration in the Business or Premises or their occupancy or the duties of employees or any circumstances which will increase the risk to Injury loss or damage or legal liability covered under this Policy.

Jurisdiction Clause
The insurance provided by this Policy shall not apply in respect of judgements which are not in the first instance delivered by or obtained from a Court of competent jurisdiction within Hong Kong SAR, nor to orders obtained in the said Court for the enforcement of judgements made outside Hong Kong SAR, whether by way of reciprocal agreements or otherwise.

Cancellation
This Policy may be cancelled:

a)	at any time by the Insured on written notice being given to the Company, in which case the Company shall retain the customary short period rate for the time the Policy has been in force or charge the customary minimum premium;
b)	by the Company on seven days' written notice being given to the Insured's last known address, in which case the Company will repay a ratable proportion of the premium for the unexpired period of insurance.

Claims Settlement Conditions
In the event of any happening which may give rise to a claim under this Policy, the Insured or the Insured's personal representatives shall:

a)	give immediate notice in writing to the Company;
b)	give immediate notice to the Police if there has been theft or any attempt thereat;
c)	at the Insured's own expense supply the Company with full particulars in writing as soon as reasonably practicable after the occurrence of the event;
d)	send to the Company any writ summons or other legal process issued or commenced against the Insured and the Insured shall give all necessary information and assistance to enable the Company to settle or resist any claim or to institute proceedings;
e)	not incur any expense in making good any loss or damage without the written consent of the Company and shall not negotiate, pay, settle, admit or repudiate any claim without the Company's consent;
f)	give the Company all such information and assistance as may reasonably require.

Other Insurance
The Company shall not be liable for any loss damage or liability which at the time of the happening of such loss damage or liability is insured by any other policy or policies except in respect of any excess beyond the amount which would have been payable under such other policy or policies.

Indemnity to Other Persons
In the event of the death of the Insured the Company will in respect of the liability incurred by the Insured indemnify the Insured's legal personal representatives provided that such representatives shall as though they were the Insured observe fulfill and be subject to the Terms of this Policy insofar as they can apply.

10)

Claims Disposal
In respect of any liability claims, the Company is entitled to pay at any time to the Insured the full amount of the Limit of Indemnity or any lesser amount for which any claim or claims can be settled and upon such payment, the Company shall relinquish conduct and control of and be under no further liability under this Policy in connection with such claim or claims except for costs and expenses incurred with the written consent of the Company in respect of the conduct of such claim or claims before the date of such payment.

11)

Subrogation
The Insured shall at the request and at the expense of the Company do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the Company for the purpose of enforcing any rights and remedies or of obtaining relief or indemnity from any other parties to which the Company shall be or would become entitled or subrogated upon its providing I indemnity for any claim covered under this Policy whether such acts and things shall be or become necessary or required before or after indemnification by the Company.

12)

Unpaid Premium
Upon the payment of a claim under this Policy, any unpaid premium may be deducted from such claim payment.

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 Insured for any claim hereunder and such claim shall not within twelve calendar months from the date of such disclaimer have 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.