WARRANTY TERMS AND CONDITIONS
Definitions:
In this part of the software purchase agreement (the Warranty), the following expressions shall have the
following meanings:-
1. Software – MyCyberDNA and McAfee or Bitdefender products sold to the End User by
Cybercare4U.
2. End User – the customer who has purchased MyCyberDNA and McAfee or Bitdefender products
from Cybercare4U through its Distributor. Throughout the Warranty we will refer to the End
User as “You” / “Your” / “End User”
3. Financial Loss – the value of the Money stolen.
4. Keys to Your Digital identity – include any online device security, such as a password, a
passphrase, a Personal Identification Number (PIN), OTP (One time PIN), user name, account
number or any other authentication method uses to control and/or restrict and or allow access
to End Users Money.
5. Money – varying amounts of currency that is stored in a digital account and used for digital
payments (e.g. app payments, songs on-line, credit or debit card, electronic funds transfer (EFT).
The warranty intends to only make good losses in funds stolen due to a breach in the software
6. Fund transfer – online Money transfer from End User to 3rd party accounts on-line.
7. Bank – any bank, savings, association, credit union, or any other person or business that directly
holds End User’s Money. The Bank typically issues Keys to Digital identity to End Users (e.g. a
PIN code) to access and/or enable Fund transfers.
8. Digital identity –End User’s name, address, identification number, bank or credit card account
number, any other information relating to personal identification, any other method of End User
identification that is accessible online via a computer device on which Cybercare4U software is
installed. Your digital identity does not relate to the theft of, say, Your ID number where Your
physical ID card was stolen. For the avoidance of doubt, the Warranty intends to make good
losses, up to a limit, due to a security breach of the Software You purchased from us, and not
where the Keys to gain access to Your Digital Identity was surrendered in any other manner.
9. Digital identity theft – is limited to the fraudulent use of End User’s Digital Identity to establish
credit accounts, secure loans, enter into contracts or commit crimes. The information used in
the stolen identity event varies (e.g. End User name, address, identification number, bank or
credit card account number, personal identification information or other method of End User
identification).
10. Digital system –End Users digital system including desktop, laptop, smart phone and other
devices used by End User to access their Money.
Warranty:
The Warranty is solely applicable to cyber-security Software products MyCyberDNA and McAfee or
Bitdefender sold to the End User by Cybercare4U for the purpose of prevention of cyber-crime.
Under the terms of this Warranty Cybercare4U guarantees the integrity of the Software and the
ability of the Software to prevent cyber-crime, fraud and identity theft against the End User. The
warranty further commits to reimburse personal Financial Loss due to cyber-crime against the End
User subject to the following terms and conditions:
1. The Software sold to You is used in the appropriate manner and in accordance with the terms
and conditions of the warranty.
CYBERCARE4U WARRANTY TERMS AND CONDITIONS
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2. You respond to warning messages provided by the software, such as a notification stating that
Your Digital Identity has been compromised. You will be required to update all the Keys to Your
Digital Identity such as passwords and personal identification numbers (PIN’s) in these
circumstances. To the extent that You do not update Your passwords and PINs that is attached
to your Digital Identity, the Warranty will not pay out as the Software was not breached.
3. In the event that the Software, when used as specified, fails and therefore allows cyber-crime or
fraud caused by Digital Identity Theft and the End User suffers Financial Loss, then the
Cybercare4U Warranty will apply and Cybercare4U will compensate the End User for claims
made according to the terms set out in (4) below
4. Compensation:
4.1. Where approved by Cybercare4U, the warranty payment will be paid to the person who
purchased the software (the person that contracted with Cybercare4U (“Contracting
party”), and not any other person or entity, irrespective of the computerised device that
has the Software product installed. This also means that if you give your devices to another
person and your or their details are stolen from that device, the warranty due to a software
security breach would not respond.
4.2. The claims process:
4.2.1. Contact Cybercare4U, and submit a claim within 30 days of discovering that Money or
Digital identity has been stolen, The discovery date has to be within 180 days of the
date of actual loss of funds). This includes incidents where a future claim is anticipated;
prompt notification enables us to make sure that the circumstances that led to Money
being stolen qualifies for the Warranty Payment. To avoid doubt, if there is an event
that took place that you think may lead to the loss of money, you need to let us know;
4.2.2. Inform the Bank to check and verify the Financial Loss due to a Digital Identity Theft
event that occurred and provide proof of notification to the Bank to Cybercare4U;
4.2.3. Inform the police / authorities of the Financial Loss due to a Digital Identity Theft event
as soon as possible, but no later than 24 (twenty-four) hours after becoming aware of
the event;
4.2.4. We may log on to Your computer using remote software to verify the software on Your
computer and research the circumstances around the alledged Financial Loss due to a
Digital Identity Theft. You waive Your rights to privacy. The access to Your computer
will only be to verify details around the alleged breachof the software acquired form
us.
4.2.5. Cybercare4U will request documentation to verify that Money has been stolen. Any
cost associated with obtaining the required documentation will not be covered by us.
All reasonable information and documentation we ask from You must be provided
within the timeframe we set. The documentation needed includes, but is not limited
to, the following:
4.2.5.1. The police report;
4.2.5.2. The police case number and name and contact details of investigating officer;
4.2.5.3. Bank statement for validation of transaction;
4.2.5.4. A letter from the Bank stating that they will not reimburse the Finacial Loss
incurred;
4.2.5.5. Evidence that End User has complied with the requirements for the latest version
of software on the device. This would entail a screen shot of Your McAfee or
Bitdefender security software and Your operating system, and what Your latest
software and operating system version is and when it was last updated.
4.2.5.6. Should any further verification need to take place, Cybercare4U will need to
check the infected device or the device that the incident took place on.
The process will be as follows –
4.2.5.6.1. Cybercare4U will send a digital indemnity and consent form to End User to
allow access to the affected device. Cybercare4U technical team will then
access the problematic device and investigate.
4.2.5.6.2. A digital forensic tool is used, which gathers information about the
operating system and hardware component, to generate a report a report
of affected systems. The forensic tool simply scans the backend of the
system for any incompatibilities and points out the breach point and any
issues which may have arisen from this, including outdated drivers,
incompatible software etc.
4.2.5.6.3. The technical team then advises End User on steps to take to resolve issues
found on the system and how to further protect the device.
4.2.5.6.4. Depending on the outcome of investigation the Warranty will make good
the Financial Loss up to the agreed limit of the Warranty.
4.2.6. Inform Cybercare4U in the event of or awareness of any possible prosecution, legal
proceedings or claim that could be lodged against the End User as a result of the same
incident during or since their claim to us
4.3. The Warranty will only be paid against personal Financial Loss only and will be paid within
30 days of approval by Cybercare4U.
4.4. The Warranty covers a MAXIMUM amount of Rxxx per annum (counted from the date of
purchase or renewal of licenses to the Software Product) and will only be paid where there
was a Financial Loss verified by Cybercare4U.
4.5. The Warratny will only be paid to person that purchased the Software from us and who can
prove that the computerised device storing their Digital Identity was loaded with our
software and the failure of our Software contributed in some way in the stealing of their
Digital Identity.
5. Please note Warranty covers the following, subject to You using the Software in
accordance to the prescriptions set out under the heading “Warranty”, as set out above:
5.1. Fraudulent Online Purchases – When neither You or Your actual credit card are present at
the point of sale
5.2. Fraudulent In-App Purchases – When Your credit card details are used to pay for mobile
applications not authorised by Yourself
5.3. Phishing Scams – Fraudsters con You into providing Your personal information and use it to
perpetrate fraud
5.4. Virus Attacks – Malware or viruses unwittingly downloaded on Your computer or device
that harvest Your personal data
5.5. Fraudulent EFT’s – Someone gains access to Your banking details by computerised means
and transfers money from Your account without Your knowledge.
6. Please note Warranty does not cover the following:
6.1. Claims submitted after 30 days of discovery of the alleged Financial Loss or 180 days after
actual Financial Loss, whichever is the earlier date.
6.2. Claims for interest, damages, 3rd party claims, fees incurred and other costs that may be a
consequence of the alleged Financial Loss.
6.3. Claims found to be fraudulent or where the End User has attempted to derive financial
benefit or where the Financial Loss was recovered from a 3rd party .
6.4. Claims made where the End User has deliberately or inadvertently shared or given their
digital identity and / or Keys to Digital Identity to any third party irrespective of the reason.
6.5. Claims where MyCyberDNA and McAfee or Bitdefender Software have been purchased
from vendors other than Cybercare4U.
6.6. In-store purchases (e.g. shop) that lead to a theft of the End User’s Digital Identity.
6.7. Cash transactions
6.8. Currencies or accounts such as the Bitcoin ledger or other crypto-currency ledgers that
store digital value but are not a Bank
6.9. When End-User’s government or quasi government takes claimants Money for whatever
reason (or as part of war-like acts and military uprisings, terrorists activities or syndicated
on-line fraud schemes);
6.10. Any claim against loss due to use of unlicensed software, computer viruses or similar
destructive media introduced onto Your device for use of unlicensed software.
6.11. Where End User’s device operating system is not up to date or in line with the requirements
of the version of the Software purchased from Cybercare4U
7. Term of Warranty agreement
7.1. This Warranty is valid for 12 months from the date of purchase or latest upgrade of the
Software by the End User
7.2. This Warranty is automatically renewed for 12 months from the date of renewal and
payment of the End User product software licence agreement
8. Good faith
8.1. This Warranty is given on the premise that all information provided is true and complete
and that premise applies to any other party that may act on behalf of the End User.
Cybercare4U acts on the information provided, therefore any information which is
misleading, incorrect or false will prejudice warranty adjudication and/or compensation
Pay-out.
9. Confidentiality
9.1. Cybercare4U respects the confidentiality of personal and End User information and will
never misuse it.
9.2. Cybercare4U, McAfee or Bitdefender and MyCyberDNA will never share any information
with any entity, natural person or third party unless we are provided with written
permission to do so, other than enabling Cybercare4U to perform its duties in this
agreement.
9.3. The End User, agrees that Cybercare4U can access any relevant personal information and
share it with the specialists they employ to determine if the warranty claim is valid and may
be approved for a warranty payment.
