Ikhlas Bus Safe-Ride Takaful Certificate

Salam sejahtera and thank you for choosing Takaful IKHLAS General Berhad as your Travel cover Takaful provider.

Introduction ↑ Top

The Takaful Participant and the Company hereby agree that:

• The Proposal shall be incorporated and be the basis of the Takaful Certificate.
• The Takaful Participant agrees to pay the Takaful Contribution in accordance with the Schedule.
• The Proposal Form completed fully and faithfully shall be a condition precedent to any liability of the Company.
• The Takaful coverage is subjected to the terms of this Takaful Certificate including provisions in respect of territorial limits and the Period of Takaful coverage specified in the Schedule.
• The Schedule shows the coverage plan you have chosen, your sum covered and any special terms that apply to your Takaful Certificate. Please read the Takaful Certificate and Schedule carefully to ensure that it covers your need.
• The relationship between the Company and the Takaful Participant in this Takaful Certificate shall be governed by, and interpreted in accordance with Malaysian Law.

Duty Of Disclosure ↑ Top

Consumer Takaful Contracts (Takaful wholly for purposes unrelated to Your trade, business or profession)

• This Takaful Certificate is issued in consideration of the payment of Takaful Contribution specified in the Takaful Certificate/ Schedule and pursuant to the answers provided in Your Proposal Form (or when You applied for this Takaful Contribution) and any other disclosures made by You between the time of submission of your Proposal Form (or when You applied for this Takaful Contribution) and the time this contract is entered into. The answers and any other disclosures provided 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 provided by You, only the remedies in Schedule 9 of the Islamic Financial Services Act 2013 will apply.
• This Takaful Certificate reflects the terms and conditions of the contract of Takaful as agreed between You and Us.

Non - Consumer Takaful Contracts (Takaful for purposes related to Your trade, business or profession)

• This Takaful Certificate is issued in consideration of the payment of Takaful Contribution as specified in the Schedule and pursuant to the answers provided 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 provided by You shall form part of this contract of Takaful between You and Us. Any pre-contractual misrepresentation made in relation to Your answers or in any disclosures made by You, may result in voidance of Your contract of Takaful, refusal or reduction of Your claim(s), change of the terms or termination of Your contract of Takaful.
• This Takaful Certificate reflects the terms and conditions of the contract of Takaful as agreed between You and Us

Definitions ↑ Top

Under this Takaful Certificate:

• Accident/ Accidental means an event or incident that occurs which is unforeseen and unexpected which resulted directly in the death or injury of the Person Covered.
• Benefits the amount the Company will pay for a legitimate claim under this Takaful Certificate based on the Benefits description in the Schedule.
• Bodily Injury means Bodily Injury suffered by the Person Covered resulting from an event or incident that occurs which is unforeseen and unexpected resulting directly or indirectly from the non-deliberate actions or intentions of a person or persons over which the life had no control.
• the Company means Takaful IKHLAS General Berhad, its successors or assigns.
• Endorsement means written evidence of an agreed changed to the Takaful Certificate.
• Event means accidental Bodily Injury suffered by the Person Covered resulting from an event or incident that occurs which is unforeseen and unexpected resulting directly or indirectly from the non-deliberate actions or intentions of a person or persons over which the life had no control and results in death or permanent disablemen
• Person Covered means a person or persons who is covered under this Takaful Certificate as per listing lodged by the Takaful Participant.
• Proposal means the Proposal signed by the Person Covered and other information that the Person Covered or anyone acting on behalf of the Person Covered has given to the Company.
• Period of Takaful means the period of Takaful shown in the Schedule.
• Qard shall mean interest-free loan method.
• Risk Fund means a pool of fund based on the concept of Tabarru' providing mutual protection and indemnity among the Takaful Participants.
• Schedule means the information page that contains the details of the Takaful Participant, the Benefits, Takaful Contribution and period of Takaful attached to this Takaful Certificate.
• Tabarru means donation for the purpose of solidarity and cooperation among the Takaful Participants and to be used to help Takaful Participants in times of misfortune. In the context of Takaful IKHLAS, Tabarru' will be allocated into the Risk Fund.
• Takaful means a scheme based on brotherhood, solidarity and mutual assistance which provides for mutual financial aid and assistance to the Takaful Participants in case of need whereby the Takaful Participants mutually agree to contribute for that purpose.
• Takaful Certificate means consisting at all Proposals and Schedules attached hereto and annexed together with this Takaful Certificate shall be complementary with one another.
• Takaful Contribution means any amount the Company requires the Takaful Participant to pay to participate in a Takaful plan.
• the Takaful Participant/ You shall means the person or persons named in the Schedule as "the Takaful Participant".
• Wakalah refers to a contract where a party, as principal (muwakkil) authorizes another party as his agents (wakil) to perform a particular task on matters that may be delegated, with or without imposition of a fee. In the context of the Company, the wakalah contract involves a fee (wakalah bi al-ujrah) to be paid to the Company.

General Provisions ↑ Top

It is hereby declared and agreed that this Takaful Certificate shall provide compensation in the event as described in the certificate during your travelling within the Period of Takaful, provided all trips must commence in Malaysia.

Takaful Contributions ↑ Top

Table of Benefits

Accidental death or total permanent disablement

• In the event of death or total permanent disablement of the Person Covered due to Road Accident during the travelling, a sum of monies per person are payable to beneficiary or next of kin.
• The Benefits provided by this section are as per Table of Benefit below. No amount is payable more than one (1) time of the mentioned item below for injury to a Person Covered arising out of the same event.

Partial permanent disablement

• A lump sum amount shall be payable in the event of partial permanent disablement of the Person Covered due to bodily injuries caused solely and directly from an accident while entering into, travelling in or alighting from the express bus the sum covered.
• The percentage of benefit payable by this section are as per scale of compensation below. No amount is payable more than one (1) time of the mentioned item below for injury to a Person Covered arising out of the same event.

SCALE OF COMPENSATION

Medical expense reimbursement

• A reimbursement of actual medical expenses incurred for treatment of a Bodily Injury due to an Accident whilst travelling up to the specified amount as described in the Table of Benefits

Accidental death or total permanent disablement

• This coverage provide reimbursement if a personal baggage deposited in the Bus's compartment is lost or damage due to road accident during the journey up to monetary limits as indicated in the Schedule

Conditions ↑ Top

The Proposal including all future or subsequent Proposal or Schedule thereof shall be read together and shall form as an integral part of this Takaful Certificate. Any word or expression to which a specific meaning has been attached in any part of the Proposal, in the Schedule, or the Takaful Certificate shall bear such meaning wherever it may appear.

1. Duty of disclosure

The duty of disclosure is different for a Consumer Takaful Certificate and for a Non-Consumer Takaful Certificate. They are separately outlined below:

Consumer Takaful Contracts

• Where You have applied for this Takaful wholly for purposes unrelated to Your trade, business or profession, You had a duty to take reasonable care not to make any 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 take reasonable care in answering the questions may result in voidance of Your contract of Takaful, refusal or reduction of your claim(s), change of the terms or termination of Your contract of Takaful in accordance with the remedies in Schedule 9 of the Islamic Financial Services Act 2013. You were also required to disclose any other matter that You knew to be relevant to Our decision in accepting the risks and determining the rates and terms to be applied.
• You also have a duty to tell Us immediately if at any time after Your contract of Takaful has been entered into, varied or renewed with Us any of the information provided in the Proposal Form (or when You applied for this Takaful) is inaccurate or has changed.

Non-Consumer Takaful Contract

• Where You have applied for this Takaful wholly for purposes related to Your trade, business or profession, You had 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 voidance of Your contract of Takaful, refusal or reduction of Your claim(s), change of the 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 provided in the Proposal Form (or when You applied for this Takaful) is inaccurate or has changed

2. Notice

Every notice or communication to be given or made under this Takaful Certificate shall be delivered in writing to the Head Office or any Branch Office of the Company. No changes in this Takaful Certificate shall be valid unless approved by the Company and duly endorsed by an authorized representative of the Company.

3. Age limit

The Person Covered shall not be less than one (3) years old or more than sixty-nine (69) years old at the time of the application.

4. Condition precedent to the liability

This Takaful Certificate shall be automatically null and void when:

• If the Proposal or Declaration of the Person Covered is found untrue in any respect, or if any material fact on the Person Covered be incorrectly stated therein or omitted therefrom;
• if this Takaful Certificate or any renewal hereof shall be obtained through any misstatement, misrepresentation or suppression of any facts;
• if any claim made shall be fraudulent or exaggerated or if any false declaration or statement shall be made in support to any claim.

5. Changes

• The Person Covered shall give immediate written notice to the Company of any change of address, occupation, pursuits or any injury, disease, physical defect or infirmity by which the Person Covered has become affected.
• All notices required to be given by the Person Covered to the Company must be in writing addressed to the Company and neither alteration in terms of this Takaful Certificate nor endorsement thereon will be held valid unless the same is signed or initialed by an authorized representative of the Company.
• The Person Covered shall give notice to the Company of any other Takaful Operator (excepting coupon or in connection with a Motor Takaful Certificate) effected against the Accident and/or incapacity.
• Notwithstanding the above, the Company may at its absolute discretion vary, amend or modify any part of the whole Takaful Certificate not limited to the Schedules or Proposal by giving the Person Covered sufficient days' notice on such amendments and changes.

6. Claims procedure

• In the case of death or permanent disablement to which this Takaful Certificate relates:-
• Where You have applied for this Takaful wholly for purposes unrelated to Your trade, business or profession, You had a duty to take reasonable care not to make any 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 take reasonable care in answering the questions may result in voidance of Your contract of Takaful, refusal or reduction of your claim(s), change of the terms or termination of Your contract of Takaful in accordance with the remedies in Schedule 9 of the Islamic Financial Services Act 2013. You were also required to disclose any other matter that You knew to be relevant to Our decision in accepting the risks and determining the rates and terms to be applied.
• You also have a duty to tell Us immediately if at any time after Your contract of Takaful has been entered into, varied or renewed with Us any of the information provided in the Proposal Form (or when You applied for this Takaful) is inaccurate or has changed.
• Failure to give notice within the time provided in this Takaful Certificate shall not summarily invalidate the claim if it shall be shown by the Person Covered that it was not reasonably possible to have given such notice within the said time period and that notice was forthwith given as soon as reasonably possible.
• In the event of non-payment of Takaful Contribution, the outstanding Takaful Contribution will be deducted from the amount of settlement of which the benefit amount shall be lesser than the sum covered stipulated in the Schedule.
• No action at law or in equity shall be brought to recover the Compensation under this Takaful Certificate prior to expiration of thirty (30) days written proof of loss has been furnished in accordance with the requirements of this Takaful Certificate. No such action shall be brought after the expiration of one year from the time written proof of loss is required to be furnished.
• All Takaful Certificates information and evidence required by the Company shall be furnished at the expense of the Person Covered or his legal personal representative and shall be in such form and of such nature as the Company may prescribe. The Person Covered as often as required shall undergo medical examination at the Person Covered's own expense in respect of any claim of Bodily Injury. In case of death of a Person Covered, reasonable notice shall be given to the Company before interment or cremation and the Company may require that the Company be represented at a post mortem examination on the body of the Person Covered. The Company shall have the right and opportunity to conduct an autopsy at its own expense where it is permitted by law. Immediate notice of time and place of an autopsy to a Person Covered shall be given to the Company as soon as known to the Takaful Participant.

7. Receipt of discharge

Payment of any sum made by the Company shall be a valid discharge of liability to the Company and shall release the Company of all claims and demands whatsoever in respect thereof.

8. Cancellation

Person Covered is not entitled for a refund of contribution in the event of cancellation of cover.

9. Arbitration

• All differences arising out of this Takaful Certificate shall be referred to the decision of a single Arbitrator appointed in writing by the parties or if cannot be agreed upon within thirty (30) days from the date of disagreement, two Arbitrators, one to be appointed in writing by each of the parties within thirty (30) days after having been required in writing so to do by either of the parties. In case where the parties or the Arbitrators deem it expedient, the Arbitrators may agree to appoint an Umpire before entering upon the reference. The Umpire shall sit with the Arbitrators and preside at their meetings and the making of an Award shall be a condition precedent to any right of action against the Company. The costs and other costs in connection with the arbitration shall be in accordance with the finding of the Arbitrators or Umpire. However all initial costs for the appointment and reference shall be borne and paid forthwith by the Takaful Participant. If the Company shall disclaim liability to the Takaful Participant for any claim hereunder and such claim shall not within twelve (12) calendar months from the date of such disclaimer have been referred to arbitration under the provision herein contained then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder.
• The death of any party shall not revoke or affect the authority or powers of the Arbitrator, Arbitrators or Umpire respectively; and in the event of the death of an Arbitrator or Umpire, another shall in each case be appointed in his stead by the party or Arbitrators (as the case may be) by whom the Arbitrator or Umpire so dying was appointed. And it is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this Takaful Certificate that the award by such Arbitrator, Arbitrators or Umpire of the amount of the loss or damage if disputed shall be first obtained.
• In no case whatever shall the Company be liable for any loss after the expiration of twelve (12) months from the happening of the loss unless the claim is the subject of pending court action or arbitration.

10. Takaful contribution allocation

Payment of the Takaful Contribution paid by the Person Covered as shown in the Schedule shall be placed in the GRIA where the Company will manage according to the Wakalah principle as defined by the Company and in accordance with Shariah principles. The Company will charge up to 80% of the Takaful Contribution as an upfront Wakalah Fee and the balance shall be allocated into the Risk Fund at inception for Tabarru' charges and be used to help other Takaful Participants in time of misfortune.

11. Surplus

• At each financial year-end, the Actuary will assess the surplus position of the Risk Fund, to preserve long term sustainability of the fund. The Company will charge a Surplus Administration Charge (SAC) of 50% of the gross distributable surplus arising at the end of the financial year. However, the Company may at its discretion and where appropriate charge the SAC for less than 50% of the gross distributable surplus.
• Any net distributable surplus arising (after deducting the SAC) from the Risk Fund will be allocated in full (100%) to the Takaful Participant. If the amount due to Takaful Participant is less than the threshold, the amount shall either be retained in the Risk Fund or donated to charity on behalf of the Takaful Participants. Both the threshold and the treatment of such amount shall be as defined in the Surplus Management Policy.
• Any deficit in the Risk Fund would be met through an interest free loan (Qard) from the Shareholders' Fund. Such loan would be a first charge against the future surplus arising from the Risk Fund. If there is a deficit in the Risk Fund due to the Company's negligence, then it is the responsibility of the Company to ensure that the fund is stable through outright transfer method and not

12. Observance and fulfillment of conditions

The due observance and fulfillment of the terms, conditions and endorsements of this Takaful Certificate in so far as they relate to anything to be done or complied with by the Person Covered and the truth of any statement or declaration in the Proposal and Declaration shall be deemed conditions precedent to any liability of the Company for which compensation is payable.

13. Governing law

This Takaful Certificate including all its Proposals and Schedules is subject to Bank Negara Malaysian guidelines or any at other subsidiary legislation, rules, regulation, directions or orders from other regulatory authority.

14. Time

Time wherever mentioned in this Takaful Certificate, shall be of the essence of the agreement.

15. Assignment

No assignment of interest under this Takaful Certificate shall be binding on the Company unless agreed to by the Company and save further, where a certified true copy of the assignment and the original Takaful Certificate is furnished to the Company at the head Office.

16. Tax

Any contributions, fees and/or monies payable under this Takaful Certificate are subject to any taxes, levies, or charges imposed by the relevant authorities in Malaysia unless otherwise stated.

Exclusions ↑ Top

This Takaful Certificate is not intended to and does not cover:

1. Death or Disablement or any other loss caused directly or indirectly by:-
• war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, mutiny or usurped power, strike, riot, civil commotion, military or popular uprising where the Person Covered directly or indirectly participates or is involved howsoever in such activities;
• 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 group(s) of persons, whether acting alone or on behalf of or in connection with any organization(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.
• insanity, suicide (whether sane or insane) or any attempt thereat by the Person Covered;
• pre-existing physical or mental defect or infirmity to the Person Covered;
• bacterial or viral infections, any disease or sickness, medical or surgical treatment (except such as may be necessitated solely by injuries covered by this Takaful Certificate and performed within the time provided in the Takaful Certificate) to the Person Covered;
• provoked murder or assault on the Person Covered;
• any breach of Civil or Shariah Law and principles by the Person Covered.
• pre-existing disablement or Bodily Injury to the Person Covered;
• from misuse or abuse of substance, alcohol and/or drugs by the Person Covered ; unless the drug is taken in accordance with an authorized medical prescription.
• from the committing of any criminal acts or any other causes prohibited by Shariah Law and principles.
2. Death or Disablement or any other loss sustained by the Person Covered while committing or attempting to commit any unlawful act.
3. Death or Disablement directly or indirectly arising out of or consequent upon or contributed to by Acquired Immune Deficiency Syndrome (AIDS) or AIDS Related Complex (ARC) howsoever this syndrome has been acquired or may be named.
4. Death or Disablement directly or indirectly caused by or contributed to by arising from:
• ionisation radiation or contamination by radioactivity from any nuclear waste from the combustion of nuclear fuel. For the purpose of this exception combustion shall include any self-sustaining process of nuclear fission;
• nuclear weapons material.
5. Losses caused directly or indirectly, wholly or partly by:
• any other kind of disease
• by medical or surgical treatment (except such as may be necessary as a result of injuries covered by this Takaful Certificate and performed within the time provided in this Takaful Certificate);
• while the vehicle is used for illegal purposes (including where used as an unlicensed common carrier or for any unlawful purposes).
6. Any Bodily Injury which shall result from hernia.
7. Claims at common law for damages obtained by passengers against drivers for the driver's negligence, recklessness or default.
8. Deliberate exposure to exceptional danger (except in an attempt to save human life), or the Person Covered's own criminal act.
9. Death or Disablement directly or indirectly caused by or contributed to by arising from:
• any illegal activities, loss resulting directly or indirectly from action taken by Government Authorities including confiscation, seizure, destruction and restriction
• loss of or damage to hired or leased equipment; testing any kind of conveyance.
10. Consequential loss or damage of any kind.
11. Claims caused or resulting:
• the Person Covered is traveling on, or against medical advice, or when the trip is made solely
• from mental and nervous disorders, including insanity.
12. Loss of or damage to luggage consist of fragile items, cash or personal money, jewelry, notebooks, laptops, IPAD, handphones, smartphones, camera

Cash Before Cover Warranty ↑ Top

• It is fundamental and absolute special condition of this Takaful Certificate that the Takaful Contribution due must be paid and received by the Company before cover commences. If this condition is not complied with then this Takaful Certificate is automatically null and void.
• Where the Takaful Contribution payable pursuant to this warranty is received by an authorized agent of the Company, the payment shall be deemed to be received by the Company for the purposes of this warranty and the onus of proving that the Takaful Contribution payable was received by a person, including a Takaful agent, who was not authorized to receive such Takaful Contribution shall lie on the Takaful operator.
• Subject otherwise to the terms and conditions of this Takaful Certificate.

THIS TAKAFUL CERTIFICATE AND ITS CONDITIONS SHOULD BE EXAMINED IMMEDIATELY UPON RECEIPT HEREOF BY THE TAKAFUL PARTICIPANT AND IF INCORRECT RETURNED AT ONCE FOR ALTERATION. AND THE TAKAFUL PARTICIPANT CONTINUANCE SUBSCRIPTION OF THE TAKAFUL COVERAGE PLANS DEEMED AS THE TAKAFUL PARTICIPANT ACCEPTANCE AND AGREE TO BE BOUND AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS TAKAFUL CERTIFICATE.

Important Notice ↑ Top

We care about the service that we provide for our customers, and our staff makes every effort to maintain as high a standard as possible. In the event that we do not meet your expectations and you are dissatisfied in some way, we would like to know and would ask you to write to our: