Certificate Wording
Takaful myHouseowners & Householders
CERTIFICATE FOR
TAKAFUL myHOUSEOWNERS &
HOUSEHOLDERS
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WHAT MAKES UP THIS CERTIFICATE
Takaful does not cover You against everything that can happen.
Please read Your Certificate carefully to make sure You understand what it covers, the terms and conditions applicable and
make sure You are satisfied with this Takaful.
The heading does not form part of the Certificate wording.
You as named in the Schedule agree to participate in Takaful myHouseowners and Householders and pay the
Contribution into the General Takaful Fund (GTF) based on Tabarru’. You authorize Us based on Wakalah to manage
the GTF and in return, We will receive the Wakalah Fee.
You also agree that a portion of distributable surplus arising from the GTF will be distributed to eligible participants
based on Hibah and a portion of the distributable surplus will be received by Us as a performance incentive based on
Ju’alah. If the GTF is in deficit, You agree to accept an interest-free loan which will be provided by Us to the GTF based
on Qard.
The benefit(s) payable under eligible product is(are) protected by Perbadanan Insurans Deposit Malaysia (PIDM) up to
limits. Please refer to PIDM’s Takaful & Insurance Benefits Protection System Brochure or contact Takaful Malaysia or
PIDM (visit www.pidm.gov.my).
Applicable for Consumer Takaful Contracts
This Certificate is issued in consideration of the payment of Contribution as specified in the Certificate Schedule
and pursuant to the answers given in Your Proposal and Declaration Form (or when You applied for the takaful) and
any other disclosures made by You between the time of submission of Your Proposal and Declaration (or when You
applied for the 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.
Applicable for Non - Consumer Takaful Contracts
This Certificate is issued in consideration of the payment of Contribution as specified in the Certificate Schedule
and pursuant to 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 made 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.
This Certificate reflects the terms and conditions of the contract of Takaful as agreed between You and Us.
This Certificate sets out what You are covered for as shown in the Schedule and the circumstances where You are not
protected or covered.
Some words and expressions have been printed out in bold because they have been given specific meaning in the Certificate.
You will find their meaning in the Glossary.
The coverage provided under this Certificate is subject to You fully observing and fulfilling the terms, provisions,
Endorsements and clauses of the Certificate.
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YOUR DUTY TO INFORM US
Duty of Disclosure
Applicable for Consumer Takaful Contracts
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 the
remedies in Schedule 9 of the Islamic Financial Services Act 2013.
You are 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.
Applicable for Non-Consumer Takaful Contracts
Where You have applied for this Takaful wholly for purposes related to Your trade, business or profession, You have
a duty to disclose any matter that You know to be relevant to Our decision in accepting the risks and determining the
rates and terms to be applied and any matter a reasonable person in the circumstances could be expected to know
to be relevant otherwise 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.
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.
Notice of Other Takaful/Insurances
You must inform Us of any other takaful/insurance that You have participated/bought at the time of participating in this takaful,
and also during the period of this takaful, covering any of the same property covered under this Certificate. Such notice
should be given and endorsed by Us in this Certificate before the occurrence of any loss or damage.
COVERING CLAUSE (APPLICABLE FOR BUILDINGS AND/OR CONTENTS)
We will cover the Buildings and/or Contents as shown in Your Schedule during the period of takaful after appointing Us under
Wakalah contract.
This cover will be given on the basis that You agree to pay Us the Contribution for the cover.
In respect of Covered events occurring during the period of takaful and subject to the limitations, exceptions and conditions
contained or endorsed in the Certificate, We will, by payment or by reinstatement or repair, indemnify You against loss or
damage to the property covered as per Schedule.
This Certificate covers You up to the amount of the sum covered as stated in the Schedule for loss or damage to Your
building and/or Your contents caused by a Covered event.
Your Schedule will show if You have covered Your building, Your contents or both.
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Your Building
“Buildings” means buildings of a Private Dwelling House at the premises and includes:
1. all domestic offices, stables,
2. garages and out-buildings on the same premises used solely in connection to it and on the same premises,
3. fixtures and fittings,
4. walls, gates and fences around the premises.
Private Dwelling House shall also refer to buildings of Flats and Apartments. When Blocks of Flats or Apartments are covered,
Private Dwelling House will refer to the Private Flats or Apartments.
Your Contents
“Contents” means Household goods and personal effects of every description, belonging to You or any member of Your
family normally residing with You contained in the Private Dwelling House, Flat or Apartment and all domestic offices, stables,
garages and out-buildings, used solely in connection to it, on the same premises specified in the Schedule.
What is Covered
What is Not Covered
The cover for the contents is limited to:
(a) No one article (furniture, pianos, organs, household appliances,
radios, television sets, video recorder sets, Hi-Fi equipment not
included) shall be of greater value than five (5) percent of the
Total Sum Covered on Contents, unless such article is
specially declared as a separate item,
(b) Total value of platinum, gold and silver articles, jewellery and
furs shall not exceed one third of the Total Sum Covered on
Contents.
The cover for the Contents will not include:
(a) Part of the structure or ceiling, wallpapers or
anything similar,
(b) Property covered under more specific
certificates/policies,
(c) Deeds, bonds, bills of exchange, promissory
notes, cheques, securities for money, stamps,
documents of any kind, cash, currency notes,
bank notes manuscripts, medals and coins,
motor vehicles and accessories or livestock
unless specifically mentioned in the Schedule.
APPLICABLE WARRANTIES (APPLICABLE FOR BUILDINGS AND/OR
CONTENTS)
This Certificate is subject to the following Warranties:
Restriction of Merchandise Warranty
No part of the premises should be used for the manufacture or deposit or storage of merchandise during the period of takaful.
Takaful Contribution Warranty
Contribution due to Us must be paid and received by Us within sixty (60) days from the inception date of this
certificate/endorsement/renewal certificate. If the condition is not complied with, this contract shall be automatically cancelled
and We shall be entitled to the pro-rated Contribution for the period We provide the cover.
Where the Contribution payable is received by Our authorized agent, the payment is deemed to be received by Us for the
purposes of this Warranty. The onus of proving that the Contribution payable was received by a person, including a takaful
agent who was not authorized to receive such contribution, shall lie with Us.
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COVERED EVENTS (APPLICABLE FOR BUILDINGS AND/OR CONTENTS)
What is Not Covered
We will not provide cover for loss or damage to Your
Building and/or Contents as follows:
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(a) The first RM50.00.
(b) Destruction or damage occurring while the
Private Dwelling House is left unoccupied.
(a) If the Private Dwelling House is unoccupied for
more than ninety (90) days whether
consecutively or not in any one period of
takaful, the cover will be suspended unless
agreed by Us by way of an endorsement.
(b) Loss or damage due to theft by Your domestic
servants or any member of Your family.
The first one percent (1%) of the Total Sum Covered
on Buildings or RM200.00 whichever is less.
(a) Loss or damage to:
(i) any building in the course of
construction, reconstruction or repair,
unless all outside doors, windows and
other openings are complete and
protected,
(ii) metal smoke stacks, awnings, blinds,
signs and other outdoor fixtures or
fittings including gates and fences.
The first one percent (1%) of the Total Sum Covered
on Buildings or RM200.00 whichever is less.
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(a) The first one percent (1%) of the Total Sum
Covered on Buildings or RM200.00 whichever
is less.
(b) Loss or damage to buildings caused by
subsidence or landslip, except as a result of
earthquake or volcanic eruption.
ADDITIONAL BENEFITS
This refers to additional benefits provided to You without any additional contribution, but which are subject to the terms and
conditions of the Certificate.
Applicable for Contents
Applicable if Your Certificate covers Your Contents only:
(A) Contents Temporarily Removed
What is Covered
What is Not Covered
You are covered for a Covered event when the contents are
temporarily removed from Your Private Dwelling, but remaining
within the Geographical Area, provided such contents are not
covered under another takaful certificate/insurance policy.
The limit of liability of this benefit is fifteen percent (15%) of the Total
Sum Covered on Contents.
(a) Contents removed for sale or exhibition.
(b) Contents placed at furniture storage area.
(c) Losses due to Covered event (7) (hurricane,
cyclone, typhoon, windstorm), Covered event
(8) (earthquake, volcanic eruption) and
Covered event (9) (flood) whilst the contents
are in transit.
(B) Breakage to Mirrors
What is Covered
What is Not Covered
You are covered for breakage of mirrors whilst in the Private
Dwelling.
The limit of liability is RM500 per piece any one accident.
(a) Hand Mirrors
(C) Compensation for Death
What is Covered
What is Not Covered
You are covered against fatal injury (death) occurring in the Private
Dwelling House due to external or visible violence caused by thieves
or by fire, if the death occurs within three (3) calendar months of
such injury.
If there is more than one (1) named Participant, We will be liable for
a pro-rate proportion of the compensation. For a Corporation, You
must nominate a person or persons and lodge their name(s) with
Us.
The limit of liability of this benefit is RM10,000.00 or one-half of the
Total Sum Covered on Contents, whichever is lesser.
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(D) Servants Property
What is Covered
What is Not Covered
You are covered for loss or damage caused by a Covered event
to clothing and personal effects of Your domestic servant(s), who
stay with You or Your family within the Geographical Area as stated
in the Schedule, provided such contents are not covered under
another takaful certificate/insurance policy.
(a) Cash, currency notes, bank notes and stamps.
Applicable for Buildings and/or Contents
Applicable if Your Certificate covers either Your Buildings and/or Contents:
(E) Rent Coverage
What is Covered
What is Not Covered
As an Owner, You are covered for loss of rent in the event Your
Private Dwelling house as stated in the Schedule is no longer
habitable, as a result of a Covered event for the period necessary
for reinstatement.
As an Occupier, We will pay for reasonable additional expenses
incurred at a hotel, lodging house or boarding house, as a result of
a Covered event, for the period necessary for reinstatement.
The total limit of liability shall not exceed ten percent (10%) of the
Total Sum Covered on Buildings and/or Contents.
This benefit is additional to the Total Sum Covered as stated in the
Schedule.
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(F) Liability to the Public
What is Covered
What is Not Covered
We will indemnify You or Spouse Your legal liability in respect of
accidents or series of accidents arising out of one occurrence,
during the period of takaful to property or bodily injury to another
person, who is not a member of Your family, Household or in Your
service:
(a) Liability as owner of the covered Building caused by a defect in
the buildings.
(b) Liability as an Occupier in respect of accidents which occur in
or about the private dwelling house.
(a) Any claims brought against You or Spouse, in
any country in courts outside Malaysia.
(b) All legal costs and expenses which are not
incurred in or recoverable in Malaysia.
(c) We shall not be liable for injury or damage
arising out of or incidental to:
Ownership, possession or use by or on
behalf of You or Spouse of any lift, vehicle,
vessel or craft of any kind,
The carrying out of alterations, additions,
repairs or decorations to Your buildings,
Damage to property by subsidence, fire or
explosion (other than explosion of any
domestic boiler fitted in an individual flat or
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Our limit of liability shall not exceed RM50,000.00 any one accident
or series of accidents constituting one occurrence in respect of
Buildings and Contents respectively.
We will also indemnify You or Spouse:
(i) Legal costs and expenses recoverable from You or Spouse by
any claimant, provided such legal cost and expenses were
incurred before the date We shall have paid or offered to pay
the full amount of the claim or the total amount recoverable in
respect of any one occurrence.
(ii) Legal costs and expenses incurred by You or Spouse with Our
consent.
If Buildings are for Blocks of Flats or Apartments, Our indemnity to
You is restricted to Your legal liability for claims made on You as
owner of the Buildings, as specified in the Schedule, but not as a
resident occupying any part of the covered Buildings in respect of
any accident occurring during the period of takaful.
We will indemnify Your personal representative in the event of Your
death, in respect of the liability incurred by You or Spouse, provided
the personal representative observes and fulfils and is subject to the
terms, conditions and limitations of the Certificate.
apartment in the covered Buildings), for
coverage for Private Flats or Apartments,
Any contractual agreement,
Asbestos or exposure or potential exposure
to asbestos, any actual or alleged asbestos
related injury or damage involving the use,
presence, existence, detection, removal,
elimination or avoidance of asbestos,
Any part of the covered Buildings used in
connection with Your profession or
business.
GENERAL EXCEPTIONS (APPLICABLE FOR BUILDINGS AND/OR CONTENTS)
You will not be covered under the following circumstances:
General Exception 1
We will not cover loss or damage or other contingency caused directly or indirectly by:
(a) War, invasion, act of foreign enemy, hostilities, or war like operations (whether war be declared or not), civil war.
(b) Mutiny, riot, military or popular uprising, insurrection, rebellion, revolution, military or usurped power, martial law or state of
siege or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege.
(c) Any act of terrorism.
For this purpose, 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 groups of persons, whether acting alone or on behalf of or in connection with any organizations
or governments, 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.
Any loss or damage or other contingency happening during the existence of abnormal conditions (whether physical or
otherwise) which are caused directly or indirectly, of any of the said occurrences shall be deemed to be loss, damage or
a contingency which is not covered by this takaful. You have to prove that such loss, damage or other contingency
happened independently of the existence of such abnormal conditions.
In any action, suit or other proceedings, where We allege that by reason of the provisions of this Condition any loss or
damage is not covered by this takaful, the burden of proving that such loss or damage is covered shall be upon You.
General Exception 2
We will not cover loss or damage:
(a) caused by cessation of work, or by confiscation, commandeering, requisition or destruction of or damage to the property
by order of the Government de jure or de facto or any Public Municipal or Local Authority of the country or area in which
the property is situated.
(b) to property by its own fermentation, natural heating or spontaneous combustion or by its undergoing any heating or drying
process.
(c) arising from or in consequence of or contributed to by nuclear weapons material.
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(d) arising from or in consequence of or contributed to by ionizing radiations or contamination by radioactivity from any nuclear
fuel or from any nuclear waste from the combustion of nuclear fuel. Solely for this purpose, combustion shall include any
self-sustaining process of nuclear fission.
General Exception 3
We will not cover Consequential loss or damage of any kind except Rent coverage.
HOW WE WILL SETTLE YOUR CLAIM
(APPLICABLE FOR BUILDINGS AND/OR CONTENTS)
1. Permissible Takaful Interest
Only You have rights to claim from Us, except upon Your death, or by operation of law, the passing of interest of this
takaful to another person shall only take effect after We have endorsed the Certificate.
2. No Right of Claim from Any Other Person
Whilst the Certificate covers property of Your family or domestic servant, only You can make a claim on their behalf.
3. Limit to Three (3) Paying Guests only
This Certificate is valid if the number of paying guests, boarders and lodgers does not exceed three (3) persons. For the
purposes of Additional Benefit – (F) Liability to the Public, these persons are deemed to be members of Your Household.
4. Market Value
We will indemnify You the covered value or the market value of the covered property whichever is lower subject to the
deduction of any Excess.
Market value means the value of the property covered at the time of loss or damage less allowance for wear and tear
and/or depreciation.
The market value shall be determined by a valuation obtained by Us from the:
manufacturer, or
authorized sole agent or agent, or
authorized broker, authorized distributor, or
building contractor, or
loss adjuster registered under the Islamic Financial Services Act 2013 (IFSA 2013), or
Registered Valuer under the Valuers, Appraisers and Estate Agents Act 1981 to be mutually appointed by both You
and Us.
The valuation so obtained shall be conclusive in any legal proceedings against Us.
5. Our Maximum Liability
Our total liability to You in respect of loss or damage during any one period of takaful will not exceed the amount stated
against each item or in the aggregate, the Total Sum Covered specified in the Schedule or such other sum or sums
endorsed in this certificate.
Average
If the market value of the property covered at the time of any loss is collectively of higher value than the sum covered
stated in the Schedule, then You will be responsible for the difference and bear a proportional share of the loss. The
sharing of proportional loss will apply separately to each item covered.
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6. Excess
For loss or damage (except by fire) to the Buildings of the Private Dwelling House by any Covered event where Excess
applies, Excess shall separately apply to:
(a) Each building. All covered buildings at the same premises stated in the Schedule are considered as one building.
(b) Each incident. If the same Covered event occurs within seven (7) consecutive days, it is considered the same incident.
7. Other Takaful/Insurance
If there are any other Certificates/insurance policies covering the same or part of the same loss, damage or liability, We
will only pay a share of the total loss, damage or liability proportionally.
8. Subrogation
We reserve the right to undertake in Your name and on Your behalf:
(a) the full conduct, control and settlement of any proceedings,
(b) recover compensation or secure indemnity from any third party in respect of anything covered by this Certificate.
at Our own expense and benefit.
9. Termination of This Certificate
This Certificate shall automatically terminate upon occurrence of any of the following:
a) upon cancellation of this Certificate by You; or
b) upon cancellation of this Certificate by Us; or
c) when there is fraud or misrepresentation of material fact during application; or
d) when the sum covered is fully paid; or
e) when the Certificate expires.
If the termination is due to (a) and (b), We will refund to You the Tabarru’ amount and Wakalah fee for the unexpired
period calculated on pro-rata basis subject to no claim. If the termination is due to (c), We will refund to You the
Contribution in full which includes the Tabarru’ amount and the Wakalah fee. If the termination is due to (d) and (e),
We will not refund to You the Wakalah fee.
Any Contribution receipt by Us after the termination of this certificate will not create any liability to Us but We will
refund such Contribution to You without profit.
10. Misrepresentation/Fraud
In the event of a misrepresentation by the Participant where the certificate has been in force for a period of two (2)
years or less, it will be handled in accordance with Schedule 9 of the Islamic Financial Services Act 2013, whereby
it may result in the following:
a) the certificate being voided and all claims refused; or
b) a variation of terms of the certificate; or
c) a change in the contribution amount; or
d) any other options that are appropriate based on the misrepresentation.
11. Right of Access and Control
On the happening of any loss or damage We are entitled to:
enter any building where the loss or damage has happened,
take and keep possession of the covered property,
deal with the salvage of the damaged covered property.
However, You shall not abandon the damaged covered property to Us.
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12. Benefits
All benefits specified in this Certificate will be payable from the GTF.
13. Customer Service Charter
You may visit Our website to know more about Our Customer Service Charter.
HOW TO MAKE A CLAIM (APPLICABLE FOR BUILDINGS AND/OR CONTENTS)
1. Notice and Proof of Claim
You must immediately notify in writing to Us of any loss or damage and:
at Your own expense and within thirty (30) days after the incident, deliver to Us a claim in writing with detailed
particulars and proofs as We may reasonably require,
for loss or damage by theft or attempted theft, You must immediately make a Police report.
2. Building Plans
If We elect to reinstate any building, You must furnish Us plans, specifications and quantities as We may reasonably
require.
3. Liability Claims
You shall upon receiving any notice of any accident or claim from other parties, give Us immediate notice in writing and as
soon as possible supply Us full particulars in writing.
You shall send to Us immediately any writ, summons or other legal process issued or commenced against You and
provide all necessary information and assistance to enable Us to settle or resist any claim or institute proceedings.
You shall not without Our written consent:
admit or repudiate any claim or liability,
offer or negotiate to pay a claim.
YOUR RESPONSIBILITY (APPLICABLE FOR BUILDINGS AND/OR CONTENTS)
1. Duty of care
You shall use all reasonable diligence and care to keep the premises in proper state of repair. As owner of the Private
Dwelling, You shall make good as soon as possible any defect discovered and shall, in the meantime, take additional
precautions to prevent injury, loss or damage.
We will not be liable for any injury, loss or damage caused by You failing to remedy such defect after receiving notice from
Us or from any person or public body.
2. Reinstatement of Sum Covered
After a loss, the full sum covered of this takaful shall be maintained.
You are required to pay an additional pro rata contribution based on the amount of loss calculated from the date of loss
to the expiry date of takaful.
3. Unvalued Certificate Clause
This is an unvalued Certificate. You must prove to Our satisfaction the value of the property at the time of the happening
of its destruction or the amount of such damage.
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HOW YOUR CERTIFICATE MAY BE CANCELLED
(APPLICABLE FOR BUILDINGS AND/OR CONTENTS)
You may cancel this Certificate at any time by giving Us notice in writing. You shall be entitled to a refund of contribution
after We have charged You based on Our customary short-period rates or minimum contribution payable under the
Certificate, whichever is higher.
We may cancel this Certificate at any time by giving You seven (7) days’ notice in writing and will refund the pro rata
contribution equal to the unexpired period of takaful.
CLAUSES/ENDORSEMENTS/WARRANTIES
(THESE APPLY TO THE WHOLE CERTIFICATE)
1. PROPERTY DAMAGE CLARIFICATION CLAUSE
Property damage covered under this Certificate shall mean physical damage to the substance of property. Physical
damage to the substance of property shall not include damage to data or software, in particular any detrimental change
in data, software or computer programs that is caused by deletion, a corruption or a deformation of the original structure.
Consequently the following are excluded from this Certificate:
A. Loss of or damage to data or software, but not limited to any detrimental change in data, software or computer
programs that is caused by a deletion, a corruption or a deformation of the original structure, and any business
interruption losses resulting from such loss or damage. Notwithstanding this exclusion, loss or damage to data or
software, which is the direct consequence of covered 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.
2. FOUNDATION EXCLUSION
The coverage on Building(s) excludes that part of any building below the under/upper surface of its lowest floor (and those
parts of the concrete foundations for machinery which extend above such level).
3. REINSTATEMENT VALUE CLAUSE
In the event of the property covered under the within Certificate being destroyed or damaged, the basis upon which the
amount payable under the Certificate is to be calculated shall be the cost of replacing or reinstating on the same site
property of the same kind or type by not superior to or more extensive than the covered property when new, subject to
the following Special Provisions and subject also to the terms and conditions of the Certificate except in so far as the
same may be varied hereby.
SPECIAL PROVISIONS
1. The work of replacement or reinstatement (which may be carried out upon another site and in any manner suitable
to Your requirements subject to Our liability not being thereby increased) must be commenced and carried out with
reasonable despatch and in any case must be completed within twelve (12) months after the destruction or damage,
or within such further time as We may (during the said 12 months) in writing allow otherwise no payment beyond the
amount which would have been payable under the Certificate if this memorandum had not been incorporated therein
shall be made.
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2. Until expenditure has been incurred by You in replacing or reinstating the property destroyed or damaged We shall
not be liable for any payment in excess of the amount which would have been payable under the Certificate if this
memorandum had not been incorporated therein.
3. If at the time of replacement or reinstatement the sum representing the cost which would have been incurred in
replacement or reinstatement if the whole of the property covered had been destroyed exceeds the sum covered
thereon at the breaking out of any fire or at the commencement of any destruction of or damage to such property by
any other peril covered against by this Certificate, then You shall be responsible for the excess and shall bear a
rateable proportion of the loss accordingly. Each item of the Certificate (if more than one) to which this Memorandum
applies shall be separately subject to the foregoing provision.
4. This Memorandum shall be without force or effect if:
(a) You fail to intimate to Us within six (6) months from the date of destruction or damage, or such further times as
We may in writing allow, his intention to replace or reinstate the property destroyed or damaged.
(b) You are unable or unwilling to replace or reinstate the property destroyed or damaged on the same or another
site.
5. No payment beyond the amount which would have been payable under the Certificate if this memorandum had not
been incorporated therein shall be made if at the time of any destruction or damage to any property covered
hereunder such property shall be covered by any other takaful/insurances effected by or on Your behalf which is not
upon the identical basis of reinstatement set forth therein.
4. PAIRS AND SETS CLAUSE
A provision stating that if one-half of a pair or part of a set is lost or damaged, a reasonable and fair percentage of the
value of both will be assessed. We are not required to pay for the total value of the whole set.
5. DATE RECOGNITION CLAUSE
It is noted and agreed this Certificate is hereby amended as follows:
A. We will not pay for any loss or damage including loss of use with or without physical damage, injury (including bodily
injury), expenses incurred or any consequential loss directly or indirectly caused by, consisting of, or arising from, the
failure or inability of any computer, data processing equipment, media microchip, operating systems, microprocessors
(computer chip), integrated circuit or similar device, or any computer software, whether the property belongs to You
or not, and whether occurring before, during or after the year 2000 that results from the failure or inability of such
device and/ or software as listed above to:
1. correctly recognize any date as its true calendar date,
2. capture, save, or retain, and/or correctly manipulate, interpret or process any data or information or command or
instruction as a result of treating any date other than as its true calendar date, and/ or
3. capture, save, retain or correctly process any data as a result of the operation of any command which has been
programmed into any computer software, being a command which causes the loss of data or the inability to
capture, save, retain or correctly process such data on or after any date.
B. It is further understood that We will not pay for the repair or modification of any part of any electronic data processing
system or any part of any device and/or software as listed above in A.
C. It is further understood that We will not pay for any loss or damage including loss of use with or without physical
damage, injury (including bodily injury), expenses incurred or any consequential loss directly or indirectly arising from
any advice, consultation, design, evaluation, inspection, installation, maintenance, repair or supervision done by You
or for You or by or for others to determine, rectify or test, any potential or actual failure, malfunction or inadequacy
described in A above.
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D. It is further understood that We will not pay for any consequential loss resulting from any continuing inability of the
computer and equipment described in A above to correctly recognize any date as its true calendar date after the lost
or damaged property has been replaced or repaired.
Such loss or damage, injury (including bodily injury), expenses incurred or any consequential loss referred to in A, B, C,
or D above, is excluded regardless of any other caused that contributed concurrently or in any other sequence to the
same.
Subject otherwise to the terms and conditions of the Certificate.
6. SANCTIONS EXCLUSION CLAUSE
We shall not be deemed to provide cover nor be liable to pay any claim or pay any benefit hereunder to the extent that
the provision of such cover, payment of such claim or provision of such benefit would expose Us to any sanction,
prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the
European Union, United Kingdom or United States of America, or any of its states and any other locally applicable laws
and regulations.
We may terminate this Certificate with immediate effect and shall not thereafter be required to transact any business with
You in connection with this Certificate, including but not limited to, making or receiving any payments under this Certificate.
7. COMPLIANCE TO PROPERTY IN ACCORDANCE TO SHARIAH CLAUSE
It is hereby agreed and declared that this Certificate will not cover and is not intended to cover business, property,
materials, stock, cash or any other financial instrument (collectively "Property") and/or any liability of whatsoever nature,
whether temporary or permanent, arising from any such Property if at any time after the inception of the
Certificate We shall find such Property to be not Shariah-compliant. In any such case, We shall reserve the right to cancel
this Certificate and refund any contribution received in respect thereof.
Subject otherwise to the terms and conditions of the Certificate.
8. PERSONAL DATA PROTECTION ACT 2010 (PDPA 2010)
You may make inquiries or request for access to or correction of Your Personal Data or limit the processing of Your
Personal Data at any time hereafter by submitting such request to Us via email to csu@takaful-malaysia.com.my. We
will retain Your personal information only for as long as necessary to fulfil the purpose for which it was collected or to
comply with legal, regulatory or internal policy requirements.
You have expressly acknowledged and consent to Your Personal Data to be stored, processed and disclosed by Us for
the purposes and in accordance with Our Privacy Notice as published on Our website.
9. RIGHT TO TERMINATE DUE TO ANTI MONEY LAUNDERING AND COUNTER FINANCING OF TERRORISM
If We discover, or have justified suspicion, that the Certificate is exploited for money laundering activities or to finance
terrorism, We reserve the right to terminate the Certificate immediately. We shall deal with all contributions paid and all
Benefits or sums payable in respect of the Certificate in any manner which We deem appropriate, including but not limited
to handing it over to the relevant authorities.
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10. MANAGEMENT OF FUND
Pursuant to the authorization given to Us by You and the rest of the participants, We will manage the GTF in accordance
with Shariah and in a manner that preserve the interest of the participants. We have the discretion to conduct any actions
deemed necessary for the benefits of the participants and the fund, including but not limited to investing the fund and
securing adequate retakaful, subject to Shariah and regulatory requirements.
11. DEFICIENCY & LOSS RECTIFICATION
If the GTF is in deficit, We will provide an interest-free loan to the GTF based on Qard to rectify the deficit. Any profit
arising from the loan will be owned by GTF (pool of participants) and the loan will be repaid when the GTF returns to
surplus position. We may waive Our rights to receive the repayment of the loan. If the GTF is in deficit or suffers loss due
to our mismanagement or negligence, We will make an outright transfer to rectify the deficit or loss.
12. COMMUNICABLE DISEASE EXCLUSION
12.1 Notwithstanding any provision, clause or term to the contrary within this certificate and/or any endorsement
thereof, this certificate excludes any loss, damage, liability, claim, cost, expense or other sum of whatsoever
nature, directly or indirectly caused by a Communicable Disease or the fear or threat (whether actual or
perceived) of a Communicable Disease regardless of any other cause or event contributing concurrently or in
any other sequence thereto.
12.2 As used herein:
12.2.1 “Communicable Disease” means any infectious, communicable or contagious disease, or any
mutation or variation thereof, which can be transmitted by means of any substance or agent from
any organism to another organism including, but not limited to, where:
12.2.1.1 the substance or agent includes, but is not limited to, a virus, bacterium, parasite,
organism or other pathogen or any variation thereof, whether deemed living or not; and
12.2.1.2 the method of transmission, whether direct or indirect, includes but is not limited to,
airborne transmission, bodily fluid transmission, transmission from or to any surface or
object, solid, liquid or gas or between organisms.
12.2.2 “caused by” means relating to; in connection with; arising under; arising out of; arising from; as a
result of; resulting from; as a consequence of; attributable to; contributed to by; caused by; involving;
and any other term commonly used and/or understood to reflect or describe a nexus and/or
connection from one thing to another whether direct or indirect.
13. NOTICE
Any correspondence, notice, request, instruction required by Us must be in writing, whether by written notice or via
electronic means.
CLAUSES/ENDORSEMENTS/WARRANTIES
(ONLY APPLICABLE IF STATED IN THE SCHEDULE)
P001
OPTIONAL BENEFIT NO 1 – EXTENSION TO COVER LANDLORD’S HOUSEHOLD GOODS AND
FURNISHINGS IN BLOCKS OF FLATS/APARTMENTS (N.B THIS BENEFIT IS MEANT FOR LANDLORD
ONLY).
What is Covered
What is Not Covered
As the owner of the covered Buildings, We will cover You for
a sum as specified in the Schedule being the full value of the
Household goods and furnishings belonging to You. This
amount will apply in equal proportion to each Private
Flat/Apartment.
(a) Household goods, furnishings or
personal effects of any description
brought into the Private Flat/Apartment
by tenants.
(b) Gold or silver articles.
The Covered events pertaining to the loss or damage to the
Landlord’s Household goods and furnishing under this
extension are:
STMAB/Takaful HOHH/V1.0/(E)/09-2023 Page 16 of 25
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1. Fire, Lightning, Thunderbolt, Subterranean Fire.
2. Explosion.
3. Aircraft and Other Aerial Devices and/or Articles dropped
therefrom.
4. Impact with any of the buildings by any road vehicles or
animals not belonging to or under the control of:
-You or Your agent or servant.
-Any person resident in the Private Flats/ Apartments
or his agent or servant.
5. Bursting or Overflowing of Domestic Water Tanks,
Apparatus or Pipes
6. Theft but only if accompanied by actual forcible and
violent breaking into or out of the building or any such
attempt.
7. Hurricane, cyclone, typhoon and windstorm.
8. Earthquake and Volcanic Rupture.
9. Flood including overflow of the sea
(a) The first RM50.00.
(b) Destruction or damage occurring while
the Private Flat/Apartment are left
unoccupied
For Additional Benefit (E) Rent Takaful, this amount will be added to the Total Sum Covered on Buildings as
stated in the Schedule.
Additional Benefit (F) Liability to the Public will now include “cover for accidents caused by a defect in landlord’s
household goods and furnishings”.
P002
P003
P004
OPTIONAL BENEFIT NO. 2 – COVERAGE OF PLATE GLASS
What is Covered
This takaful is extended to cover accidental breakage of
Plate Glass, occurring during the period of takaful for:
1. The replacement of Plate Glass with glass of similar
manufacture or quality or at Our option, We will pay You
the cost of such replacement subject to a maximum sum
of RM1,000 per glass sheet.
2. The cost incurred in boarding up such breakage for
which We are liable.
What is Not Covered
(a) Breakage of or damage to frames or
framework of any description,
(b) Cost of removal or replacement of any
fittings or fixtures,
(c) Breakage of glass in conservatories, green
houses or outbuildings,
(d) Breakage of glass which is broken or
damaged at the commencement of this
takaful,
(e) Any consequential loss
OPTIONAL BENEFIT NO. 3 – EXTENSION TO COVER AGAINST LOSS OR DAMAGE BY HURRICANE,
CYCLONE, TYPHOON OR WINDSTORM TO METAL SMOKE STACKS, AWNINGS, BLINDS, SIGNS AND
OTHER OUTDOOR FIXTURES AND FITTINGS INCLUDING GATES AND FENCES
What is Covered
This takaful is extended to cover loss or damage to metal
smoke stacks, awnings, blinds, signs and other outdoor
fixtures and fittings including gates and fences under
Covered event 7(b).
What is Not Covered
-
OPTIONAL BENEFIT NO. 4 - EXTENSION TO COVER ALTERATIONS, REPAIRS AND ADDITIONS (BUT
NOT APPRECIATION IN VALUE IN EXCESS OF THE SUM COVERED)
What is Covered
This takaful is extended to cover alterations, repairs and
additions (but not appreciation in value in excess of the sum
covered) to Buildings for an amount not exceeding 25% of
the Total Sum Covered on Buildings.
Additional Benefit F - Liability to the Public will now include
cover for liability arising out of or incidental to the carrying out
of alterations, repairs and additions to the Buildings.
What is Not Covered
-
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P05A
OPTIONAL BENEFIT NO. 5A – EXTENSION FOR EXTENDED THEFT COVER BUT EXCLUDING THEFT
BY DOMESTIC SERVANTS OR ANY MEMBER OF YOUR FAMILY OR HOUSEHOLD
What is Covered
Covered event No. 6 will now read as follows:
Theft or any attempted theft.
For contents temporarily removed, theft is only covered:
(i) at any Bank, Safe Deposit or occupied private dwelling,
(ii) in any building where You or any member of Your family
is residing,
(iii) in the course of removal to or from any Bank or Safe
Deposit whilst You, a member of Your family or an
authorised person is in charge.
For contents temporarily removed to places other than (i), (ii)
and (iii) above, the contents will only be covered against theft
or any attempted theft, when accompanied by actual forcible
and violent breaking into or out of a building.
What is Not Covered
1. (a) If the building or any part of it are lent,
let or sub-let.
(b) If theft occurs in any outbuilding not
directly communicating with the
private dwelling house or private
flat/apartment/condominium.
(c) Theft of servant’s property outside
Your private dwelling house or private
flat/apartment/condominium.
UNLESS accompanied by actual forcible
and violent breaking into or out of a
building.
2. Theft from the open.
3. The first 1% of the Total Sum Covered or
RM250 whichever is lower.
4. Theft by Your domestic servants or any
member of Your family or Household.
5. If the Private Dwelling House was
unoccupied for more than ninety (90) days
consecutively in any one Period of takaful,
this cover will be suspended unless agreed
by Us by way of an endorsement.
P05B
P006
OPTIONAL BENEFIT NO. 5B – EXTENSION FOR EXTENDED THEFT COVER INCLUDING THEFT BY
DOMESTIC SERVANTS
What is Covered
Covered event No. 6 will now read as:
Theft or any attempted theft including theft by Your
domestic servant(s).
For contents temporarily removed, theft is only covered:
(i) at any Bank, Safe Deposit or occupied private dwelling,
(ii) in any building where You or any member of Your
family is residing,
(iii) in the course of removal to or from any Bank or Safe
Deposit whilst You, a member of Your family or an
authorised person is in charge.
For contents temporarily removed to places other than (i),
(ii) and (iii) above, the contents will only be covered against
theft or any attempted theft, when accompanied by actual
forcible and violent breaking into or out of a building.
What is Not Covered
1. (a) If the Building or any parts of it are lent,
let or sub-let.
(b) If theft occurs in any outbuilding not
directly communicating with the private
dwelling house or private
flat/apartment/condominium.
(c) If theft of servant’s property other than
from the private dwelling house or
private flat/apartment/ condominium.
UNLESS accompanied by actual forcible
and violent breaking into or out of a building.
2. Theft from the open.
3. The first 1% of the Total Sum Covered or
RM250 whichever is lower.
4. If the Private Dwelling House was
unoccupied for more than ninety (90) days
consecutively in any one Period of
takaful, this cover will be suspended
unless agreed by Us by way of an
endorsement.
OPTIONAL BENEFIT NO. 6 – INCREASE OF INDEMNITY LIMITS UNDER ADDITIONAL BENEFIT E –
RENT COVERAGE
What is Covered
The limit of liability under the Additional Benefit E- Rent
Coverage is increased to the percentage of the Total Sum
Covered on Buildings and /or Contents as per Schedule.
What is Not Covered
-
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B07A
B07B
P008
OPTIONAL BENEFIT NO. 7 – INCREASE OF INDEMNITY LIMITS UNDER THE ADDITIONAL BENEFIT
F - LIABILITY TO THE PUBLIC
What is Covered
The limit of liability under the Additional Benefit F- Liability
to the Public is increased as per Schedule for any one
accident or series of accidents out of one Occurrence.
What is Not Covered
-
OPTIONAL BENEFIT NO. 8 – EXTENSION TO COVER RIOT, STRIKE AND MALICIOUS DAMAGE
What is Covered
This takaful is extended to cover Riot, Strike, Malicious
Damage.
Loss or damage to property covered directly caused by:
1. The act of any person taking part together with others
in any disturbance of the public peace (whether in
connection with a strike or lock-out or not) not an
occurrence mentioned in items (a), (b) and (c) under
the section “What is Not Covered” of this extension.
2. The action of any lawfully constituted authority in
suppressing or attempting to suppress any such
disturbance or in minimising the consequences of any
such disturbance.
3. The wilful act of any striker or lock-out worker done in
furtherance of a strike or in resistance to a lock-out.
4. The action of any lawfully constituted authority in
preventing or attempting to prevent any such act or in
minimising the consequences of any such act.
5. The malicious act of any person (whether or not such
act is committed in the course of a disturbance of the
public peace) not being an act amounting to or
committed in connection with an occurrence mentioned
in items (a), (b) and (c) under the section “What is Not
Covered” of this extension.
Average
If the property covered shall at the breaking out of any fire
or at the commencement of any destruction of or damage
to such property by any other peril covered against by this
extension is collectively of greater value than the sum
covered, then You will be responsible for the difference
and will bear a pro-rated share of the amount of loss. This
average condition will apply separately for each item
covered.
Subject otherwise to the terms and conditions of the
Certificate.
What is Not Covered
Loss or damage occasioned by or through or in
consequence, directly or indirectly, of any of the
following occurrences, namely:
(a) War, invasion, act of foreign enemy,
hostilities, or warlike operations (whether
war be declared or not), civil war.
(b) Mutiny, civil commotion assuming the
proportions of or amounting to a popular
uprising, military uprising, insurrection,
rebellion, revolution, military or usurped
power.
(c) Any act of terrorism.
For this purpose an act of terrorism means
an act, including but not limited to the use of
force or violence and/or the threat of any
person or groups of persons, whether
acting alone or on behalf of or in connection
with any organisations or governments,
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.
In any action, suit or other proceedings,
where We allege that by reason of the
provisions of this Condition any loss or
damage is not covered by this takaful, the
burden of proving that such loss or damage
is covered shall be upon You.
(d) In respect of malicious acts, We shall not be
liable for any loss or damage by fire or
explosion nor for any loss or damage
arising out of or in the course of burglary,
housebreaking, theft or larceny or any
attempt of such acts or caused by any
person taking part.
(e) Loss of earnings, loss by delay, loss of
market or other consequential or indirect
loss or damage of any kind or description
whatsoever.
(f) Loss or damage due to total or partial
cessation of work or the retarding or
interruption or cessation of any process or
operation.
(g) Loss or damage caused by permanent or
temporary dispossession resulting from
confiscation, commandeering or requisition
by any lawfully constituted authority.
(h) Loss or damage caused by permanent or
temporary dispossession of any building
resulting from the unlawful occupation by
any person of such building.
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P09A
P09B
For g) or h) above, We are not relieved of any
liability to You in respect of physical damage to
the property covered occurring before
dispossession or during temporary
dispossession.
OPTIONAL BENEFIT NO. 9A – EXTENSION TO COVER SUBSIDENCE AND LANDSLIP
What is Covered
This takaful is extended to cover loss or damage to the
property covered caused by:
(i) subsidence and/or heave of the site on which the
buildings stand or land belonging thereto, or
(ii) landslip.
Subject otherwise to the terms and conditions of the
Certificate.
What is Not Covered
We will not pay for loss or damage:
(a) to swimming pools, terraces, patios, drives,
footpath, walls, gates or fences unless the
building, its outbuilding or garages are
damaged by the same cause and at same
time,
(b) to or resulting from movement of solid floor
slabs, unless the foundation beneath the
external walls of the buildings are damaged
by the same cause and at the same time,
(c) Directly or indirectly caused by:
-Coastal or river erosion,
-Demolition, structural alteration or
structural repair,
-Defective design or inadequate
construction of foundations.
(d) This Optional Benefit is subject to the
following excess, and is applicable for each
and every loss:
- 5% of the total sum covered or
RM25,000 whichever is the lower,
ascertained after the application of any
condition of average.
OPTIONAL BENEFIT NO. 9B – EXTENSION TO COVER SUBSIDENCE AND LANDSLIP (EXCLUDING
PROVISO (A))
What is Covered
This takaful is extended to cover loss or damage to the
property covered caused by:
(i) subsidence and/or heave of the site on which the
buildings stand or land belonging thereto, or
(ii) landslip.
Subject otherwise to the terms and conditions of the
Certificate.
What is Not Covered
We will not pay for loss or damage:
(a) to or resulting from movement of solid floor
slabs, unless the foundation beneath the
external walls of the buildings are damaged
by the same cause and at the same time,
(b) Directly or indirectly caused by:
-Coastal or river erosion,
-Demolition, structural alteration or
structural repair,
-Defective design or inadequate
construction of foundations.
(c) This Optional Benefit is subject to the
following excess, and is applicable for each
and every loss:
- 5% of the total sum covered or
RM25,000 whichever is the lower,
ascertained after the application of any
condition of average.
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C05A
MORTGAGEE (CHARGEE) CLAUSE 1
Loss, if any payable to the Mortgagee (Chargee) as per Schedule as interest may appear in this takaful shall not
be invalidated by any act or neglect of the Mortgagor (Chargor) or the Owner of the within described property nor
any foreclosure or other proceedings or notice of sale relating to the property or by the occupation of the premises
for purposes more hazardous than are permitted by this Certificate, or by the non-occupation thereof, or by any
other increase of risk taking place in the property covered hereunder.
Provided that in case the Mortgagor (Chargor) or Owner shall neglect to pay any contribution due under this
Certificate, the Mortgagee (Chargee) shall on demand pay the same.
Provided also that the Mortgagee (Chargee) shall notify the Company of any non-occupancy or any change of
ownership or occupancy or increase of hazard which shall come to the knowledge of the said Mortgagee
(Chargee) and unless permitted by this Certificate it shall be noted thereon and the Mortgagee (Chargee) shall on
demand pay the contribution for such increased hazard for the term thereof otherwise this Certificate shall be null
and void.
And it is further agreed that whenever the Company shall pay the said Mortgagee (Chargee) any sum in respect
of loss or damage under this Certificate and shall claim that as to the Mortgagor (Chargor) or Owner no liability
therefore existed, the Company shall become legally subrogated to all the rights of the Mortgagee (Chargee) to
the extent of such payment but not so as to impair the right of the said Mortgagee (Chargee) to recover the full
amount of any claim it may have on such Mortgagor (Chargor) or Owner or on any other party or parties covered
hereunder or from any securities or funds available.
NON CANCELLATION CLAUSE
And it is further agreed that cancellation of this Certificate shall not be effected by the Participant except upon prior
notification to the Mortgagee (Chargee) in writing giving fourteen (14) days’ notice to the last known address of
the Mortgagee (Chargee).
C013
ESCALATION CLAUSE
In consideration of the payment by the Participant to the Company of an additional takaful contribution amounting
to 50% of the contribution produced by applying the specified percentage to the first or the annual contribution as
appropriate on the item(s), the sum(s) covered as per Schedule thereby shall, during the period of takaful, be
increased each day by an amount representing 1/365
th
of the specified percentage increase per annum.
Unless specifically agreed to the contrary, the provisions of this Clause shall only apply to the sums covered in
force at the commencement of each period of takaful.
At each renewal date, the Participant shall notify the Company:
(i) the sums to be covered under each item above, but in the absence of such instructions, the sums covered
by the above items shall be those stated on the Certificate (as amended by any endorsements effective
prior to the aforesaid renewal date) to which shall be added the increases which have accrued under this
clause during the period of takaful up to that renewal date, and
(ii) the specified percentage increase(s) required for the forthcoming period of takaful, but in the absence of
instruction to the contrary prior to renewal date, the existing percentage increase shall apply for the period
of takaful from renewal.
All the conditions of the Certificate except insofar as they may be hereby expressly varied shall apply as if they
had been incorporated herein.
CTAK
CO-TAKAFUL CLAUSE
The Takaful/Insurance Companies hereby severally agree, each for their respective proportion or share of
participation set against its name, to indemnify the Participant/Insured by payment or at the option of the
Takaful/Insurance Companies by reinstatement, repair or replacement in accordance with the terms exclusions,
exceptions and conditions hereunder or endorsed herein or contained in the Certificate of Takaful/Insurance
Policy.
Provided that:
1. The liability of the Takaful or Insurance Company(s) under this contract is several and not joint with other
Takaful or Insurance Company(s) being party to this contract. The Takaful or Insurance Company(s) is
liable only for the proportion of liability it has underwritten. The Takaful or Insurance Company(s) is not
jointly liable for the proportion of liability underwritten by any other Takaful or Insurance Company(s) nor is
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a Takaful or Insurance Company(s) otherwise responsible for any liability of any other Takaful or Insurance
Company(s) that may underwrite this contract.
2. The liability of each of the Takaful/Insurance Company individually in respect of such loss shall be limited
to the proportion set against its name.
It is further agreed that the Follower Takaful/Insurance Companies shall be subject to and follow the same
intention, risks, terms, exclusions, exceptions, conditions, warranties, clauses, valuation, amendments and or
alteration of any description or any decisions as may be made by the Leader Takaful/Insurance Company
irrespective of any variation or difference in terminology under either the Islamic Financial Services Act (IFSA)
2013 or the Financial Services Act (FSA) 2013 as the case may be or as applicable thereof.
Notwithstanding that the Takaful/Insurance Companies hereby attest to the intention and meaning of the Special
Memorandum as lodged with them, the Leader shall be entitled to investigate, settle, compromise, control,
discharge or repudiate any claims and to institute, prosecute, defend, settle and compromise any proceedings in
respect of any risk and/or interest arising from this Certificate under the applicable provisions of either the IFSA
2013 or FSA 2013 or both as the case may be or as applicable therefor.
To the extent the Leader is liable to pay under this Certificate to that extent the Follower shall follow the fortunes
of the Leader in all respects all loss or damage provided for by this Certificate. Name of Leader and Follower(s)
together with the Share of Participation are as per Schedule.
SPECIAL MEMORANDUM
The Special Memorandum serves to encapsulate the intentions and arrangements that were discussed and
agreed upon between the parties as per Schedule and with whom it shall be lodged with or without altering,
reducing or amending the rights and duties of each party under the Takaful Certificate or Co Takaful Certificate
No as stated in the Schedule issued or signed accordingly under the provisions of the IFSA 2013 and/or FSA
2013.
It has been agreed that:
1. For the purpose of determining any liability to indemnify the Participant under a certificate of Takaful
including as prescribed by any endorsement attaching thereto, all parties shall primarily refer to a certificate
or conventional language as normally issued under the provisions of the IFSA 2013 or FSA 2013 and
signed on by all company for their respective share of participation of such liability, all loss or damage
provided for by this Certificate.
2. For the purpose of determining any entitlement under Cash Back to the favour of the Participant, the Co
Takaful Certificate(s) and any attachment thereto issued by Syarikat Takaful Malaysia Am Berhad (STMAB)
shall be referred to and it is hereby understood that the rate of Cash Back returns shall be proportionate to
the Co Takaful share of participation.
3. In as far the required presence of representatives of the company is concerned, in particular for meetings
with the Participant or its representative or for any other official occasion or functions related to matter of
Takaful, STMAB may be called upon to act as the spokesperson without prejudice to the rights and duties
of each Takaful Operator.
4. The Leader shall perform its obligations as prescribed under the CoTakaful Clause and shall be entitled to
conduct an annual inspection or survey relating to risk management for and on behalf of all Followers for
their own rightful purpose or for the benefit of the Participant.
5. The Leader and Follower shall agree to nominate an internationally recognised and licensed loss adjuster
or panel of such loss adjusters which is/are acceptable to the Participant.
6. Notwithstanding the above arrangement, the Broker (as named in the Schedule) shall retain its rights and
perform its duties as the appointed Takaful Broker for the Participant.
Provided that all arrangements as set hereon or herewith are not against the provisions of any acts of law in
Malaysia or guidelines or regulations that may be prescribed or to be prescribed from time to time by the Malaysian
Authorities.
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OTHER PROVISIONS (APPLICABLE FOR BUILDINGS AND/OR CONTENTS)
1. DISTRIBUTION OF SURPLUS
50% of the distributable surplus arising from the GTF as determined by us will be distributed to eligible participants
in the form of cash back based on Hibah. We will receive 50% of the distributable surplus as performance
incentive based on Ju’alah.
2. CASH BACK
Your entitlement to the Cash Back is subject to the following terms and conditions:
no claim has been made during the current period of takaful; and
no benefit has been received during the current period of takaful.
The Cash Back amount will be paid directly to Your bank account. The Cash Back is only payable/claimable up
to six (6) months from the declaration date. Thereafter, Your entitlement to the said Cash Back shall immediately
be forfeited and such Cash Back amount will be credited to the GTF by Us.
3. WAKALAH FEE
The Wakalah Fee chargeable under this Certificate is 50% of the Contribution.
4. TREATMENT OF SMALL PAYMENT AMOUNT
For any amount due and payable to You resulting from refund/ surrender/maturity/termination/claim that is to be made
other than by way of electronic payment, such payment will only be made if the amount due and payable is Ringgit
Malaysia Ten (RM10.00) and above. For any amount less than Ringgit Malaysia Ten (RM10.00), We will donate to
charity.
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ENQUIRIES/COMPLAINTS AND CLAIM APPEAL
1. ENQUIRIES /COMPLAINTS HANDLING
If You have any enquiry or complaint pertaining to any matter related to Your Certificate, You may refer to Our
Customer Service Unit (CSU) at:
Customer Service Unit (CSU)
Syarikat Takaful Malaysia Am Berhad
27
th
Floor, Annexe Block,
Menara Takaful Malaysia
No. 4, Jalan Sultan Sulaiman,
50000 Kuala Lumpur
P.O. Box 11483,
50746 Kuala Lumpur
Tel: 1-300 88 252 385
Fax: 603 - 2274 0237
Email: csu@takaful-malaysia.com.my
Website: takaful-malaysia.com.my
2. AVENUE OF CLAIM APPEAL
If You need further clarification or You are not satisfied with Our claim decision, please contact Our Customer
Service Centre at 1-300-88-252-385 or email Us at csu@takaful-malaysia.com.my and We will provide Our
response accordingly. For appeal cases, We will escalate the same to Our senior management for review and
provide Our response once Your appeal has been decided / concluded by Us.
In the event that You are not satisfied with the final decision with regard to Your appeal, You may refer the case
either to the Ombudsman for Financial Services (OFS) or to BNMTELELINK, Bank Negara Malaysia (BNM) at
the following addresses within six (6) months from Our decision.
Ombudsman for Financial Services (664393P)
Level 14, Main Block, Menara Takaful Malaysia
No. 4, Jalan Sultan Sulaiman
50000 Kuala Lumpur
Tel: 603 2272 2811
Fax: 603 2272 1577
Email: enquir[email protected]
Website: www.ofs.org.my
BNM Laman Informasi Nasihat dan Khidmat (LINK)
Ground Floor, Blok D, Bank Negara Malaysia
Jalan Dato’ Onn
50480 Kuala Lumpur
Tel: 1-300-88-5465 (LINK)
Fax: 03-2174 1515
Email: bnmtelelink@bnm.gov.my
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GLOSSARY
Some words and expressions in this Certificate have a specific meaning which is given below. Each word is printed in bold
where it appears.
“Certificate” means Your takaful contract which consists of this Certificate wording and Schedule.
“Consequential loss” means financial loss.
“Consumer Takaful Contracts” means takaful wholly for purposes unrelated to the Participant’s trade, business or
profession.
“Contribution” means any amount We require You to pay under the Certificate and includes Government charges.
“Covered event” means one of the perils listed under this Certificate.
“Depreciation” means the reduction in the value of the item or property due to wear and tear.
“Endorsement” means a written alteration to the terms, conditions and limitations of this certificate which is shown in the
Schedule.
“Erosion” means being worn or washed away by water or wind.
“Excess” means the amount You must pay towards a claim before We pay. The amount will be stated in the Schedule or in
any selected Optional Benefits.
“Flood” means the overflowing or deviation from their normal channels of either natural or artificial water courses, bursting or
overflowing of public water mains and any other flow or accumulation of water originating from outside the building.
“Family” and “Household” means any person(s) who normally reside with You.
“Fixtures” and “Fittings” means items that are permanently attached to Your building.
“General Takaful Fund” or “GTF” refers to a fund established to pool portion of contributions paid by participants, on
the basis of Tabarru’ for the purpose of meeting claims associated with events or risks specified in this Certificate.
This fund is collectively owned by the pool of participants.
“Hibah” refers to a transfer of ownership of an asset from a donor to a recipient without any consideration. Under this
Certificate, the benefits payable from GTF is based on Hibah. The Nominee may receive the Benefit payable
under this Certificate if the Nominee is a beneficiary under conditional Hibah.
“Indemnity” means putting You back to Your same financial position immediately before the loss.
“Ju’alah” refers to a contract where a party offers a specified reward to another party who achieved a determined
result. Under this Certificate, You allow Us to receive a portion of distributable surplus arising from the GTF as
performance incentive for Our achievement in managing the GTF which results in the surplus.
“Non-Consumer Takaful Contracts” means takaful for purposes related to the Participant’s trade, business or
profession
“Occurrence” means the exact period when the incident took place.
“Open” means anywhere at the premises not fully enclosed by walls and a roof and which is not able to be secured, also any
outbuildings on the premises if such buildings are not able to be secured.
“Period of takaful” means the period for which You are covered. It commences at the time We agree to give You cover and
finishes at midnight on the day of expiry. The expiry date is shown in the Schedule.
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“Personal Effects” means personal items regularly worn or carried on the person for his/her personal use, for example
clothing, watch, and wallet.
“Plate glass” means glass fitted to the structure of the building.
“Qard” refers to a contract of lending money by a lender to a borrower where the latter is bound to repay an equivalent
replacement amount to the lender. Under this Certificate, We will lend an amount of money to the GTF without
interest if the GTF is in deficit.
“Robbery and hold up” means that the items covered are either taken away or surrendered; in both instances due to
force, menaces or threat of physical violence made against You, or persons living with You in a common
household, or other persons authorized to be on Your premises.
“Schedule” means the Certificate Schedule where both the covered items and sum covered are specified.
“Secured” means locked so as to prevent entry other than by using force.
“Tabarru” refers to a donation for charitable purposes. Under this Certificate, You donate a portion of the Contribution
to the GTF based on Tabarru’ to help other participants. Tabarru’ takes into effect when You contribute to the
GTF.
“Takaful” refers to a mutual assistance scheme based on the principles of brotherhood, solidarity and cooperation
where each participant agrees to contribute a sum(s) of money on the basis of Tabarru’ into a common fund to
provide financial assistance payable to the participant, person covered or beneficiary on the Occurrence of pre-
defined events.
“ “Premises” means the land at the address shown in the Schedule on which the building is built, including the yard or garden
used only for domestic purposes.
“Sum covered” means the amount You have covered on either Your building, Your contents (including specified contents)
as shown in the Schedule. This shall include the Additional Benefits and any of the Optional Benefits selected by You.
“Wakalah“ refers to a contract where a party, as principal authorizes another party as his agent to perform a particular
task on matters that may be delegated, with or without imposition of a fee. Under this Certificate, You authorize
Us to manage the GTF based on Wakalah and in return, We will receive a Wakalah fee.
“Warranties” means either restriction or obligation that the Certificate imposes on You. A breach of a warranty will entitle Us
to reject the claim for loss or damage or liability.
“Wear and tear” means damage or a reduction in value through age, ordinary use or lack of maintenance.
“We, Our and Us” means the Syarikat Takaful Malaysia Am Berhad.
“You and Your” means the person(s) named in the Schedule as the participant