Terms & Conditions
TERMS AND CONDITIONS OF IRIS®POWERED BY GENERALIIDENTITY PROTECTION PRODUCTS
Generali Global Assistance, Inc. dba Iris® Powered by Generali (“Iris” and “We”) provides the services listed below (“the Products”), which are part of Iris’s Identity Protection Program ("IDP"). The IDP Products may only be used by you in accordance with these Terms and Conditions (the “Terms”). The Services listed below are available for one person only “Member”.
Some IDP Product features may be provided through authorized third party providers and may be subject to additional terms and conditions implemented by those authorized providers.
“Member” and “You” means an individual person who has purchased IDP and is duly enrolled in compliance with the terms of enrollment. A Member must be at least 18 years of age to purchase IDP and a citizen or legal resident of the United States of America.
B. PREVENTION AND DETECTION PRODUCT SERVICES
IMPORTANT NOTICE: AS AN IDP MEMBER YOU ARE ENTITLED TO RECEIVE ANY OF THE IDP SERVICES LISTED BELOW THAT ARE INCLUDED IN YOUR IDP PROGRAM MEMBERSHIP PLAN. IN ORDER TO USE SOME SERVICES INCLUDED IN YOUR IDP MEMBERSHIP YOU MUST FIRST ACTIVATE THE INDICATED SERVICES BY PROVIDING US OR OUR APPROVED THIRD PARTY SERVICE PROVIDERS WITH ADDITIONAL INFORMATION ABOUT YOURSELF. PROVIDING SUCH INFORMATION IS ENTIRELY OPTIONAL, BUT IF YOU CHOOSE NOT TO PROVIDE THE REQUESTED INFORMATION, SOME INCLUDED SERVICES WILL NOT BE AVAILABLE FOR YOU TO USE OR YOU MAY NOT BE ABLE TO RECEIVE ALL THE FEATURES OF INCLUDED SERVICES. ALL PERSONAL INFORMATION WE RECEIVE FROM YOU WILL BE TREATED AS CONFIDENTIAL AND WILL BE USED ONLY BY IRIS AND ITS APPROVED SERVICE PROVIDERS TO HELP PROVIDE THE PRODUCT SERVICES YOU HAVE REQUESTED.
ScamAssist® Research Service: Iris will attempt to help you determine if an offer or solicitation you have received is an apparent scam, is from a malicious source, or is otherwise unsafe to engage with. You will be entitled to open up to four (4) ScamAssist cases in any given calendar month. Please see Section Limitations and Exclusions, ScamAssist® Research Service Limitations, for further information on these services.
C. IDENTITY THEFT RESOLUTION PRODUCT SERVICES
If you experience an identity theft incident (“Identity Theft”) our Identity Theft Resolution services can help. Upon notification of an Identity Theft of a Member and receipt of a duly completed and executed authorization form from the Member, we treat each Identify Theft as an emergency and will perform any or all of the following steps necessary to attempt to undo or prevent further damage to you:
1. Identity Theft Resolution Assistance: Our team of Identity Theft Resolution Specialists will provide expert advice on how to resolve concerns of identity theft, identity risk related incidents and on how to safeguard the information of a victim or potential victim. (Limitations may apply due to legal restrictions per country).
2. Spanish and French Support: Iris will provide support in English, Spanish, and French
3. Assist with Pre-Existing Incidents: Even if an incident of Identity Theft occurred prior to your joining our Program, as long as you were not aware of this incident at the time of your enrollment, our Resolutions Specialists will work to correct any identity-related issues you may be experiencing from this pre-existing incident. (INSURANCE COVERAGE IS EXCLUDED FOR THIS SERVICE).
4. Creditor Notification, Dispute and Follow-Up: In those countries, where available we’ll contact your creditors’ fraud departments with separate itemized account statements to dispute each fraudulent occurrence. We will also continue to follow-up until each matter has been properly handled keeping you notified throughout the process with a status report on a regular basis.
5. Inform Police/Legal Authorities: We'll provide resources such as telephone numbers, websites and connect victims to local authorities if needed to report the fraudulent activities.
6. Locate Authorities Nearby: When you are away from home, we will assist in locating local authorities for you to report any incidents of fraudulent activity.
7. Lost Wallet Assistance: We'll provide resources such as telephone numbers, websites or addresses of appropriate institutions depending on the issues that need to be addressed, such as replacing stolen or missing items such as credit/debit card, driver’s license, Social Security card, or passport.
8. Medical Identity Theft Assistance: In the event you become the victim of medical identity theft, we’ll provide help with fraudulent medical claims placed in your name and medical care that was received fraudulently by another individual in your name. We will help you to ensure that healthcare, insurance claims and medical records are corrected and we will involve our in-house medical staff if necessary. If your identity is fraudulently used to obtain medical services and treatment, we’ll work with your healthcare providers and insurers to attempt to resolve the issues, ensuring that your claims and medical records are corrected. We will involve our in-house medical staff if necessary.
9. Emergency Cash Advance: If you experience Identity Theft more than 100 miles from your primary place of residence, we’ll provide you an emergency cash advance of up to $500. All costs associated with this service will be your responsibility. These services must be secured by a valid credit card. Any advance made to you, not otherwise secured by a valid credit card and paid to Iris by the credit card company within 30 days of such advance, must be reimbursed by you to us within 45 days from the date such advance is made. Thereafter any amount due will accrue interest at a rate of 1.5% per month. Notwithstanding anything to the contrary herein, Iris shall be under no obligation to advance funds not otherwise secured by a valid credit card.
10. Emergency Travel Arrangements and Journey Continuation: If you experience Identity Theft while traveling more than 100 miles away from home, we’ll assist with making emergency travel arrangements, including airline, hotel, and car rental reservations. Costs associated with these arrangements are your responsibility.
11. Global IDP Kit: Provides valuable information on how to approach various types of identity theft or identity risk related incidents.
D. LIMITATIONS AND EXCLUSIONS:
1. General Limitations
EXCEPT FOR EXPRESS WARRANTIES, IF ANY, STATED IN THESE TERMS AND CONDITIONS, ANY SOFTWARE USED OR SERVICES PROVIDED IN CONNECTION WITH THE IDP AND ASSOCIATED PRODUCTS, IS PROVIDED “AS IS,” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU, THE USER. IN ADDITION, IRIS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SUITABILITY FOR YOUR INTENDED PURPOSES.
2. Identity Theft Resolution Services Limitations
a. Identity Theft(s) discovered by Members prior to enrollment in the IDP program are not eligible for services nor for insurance.
b. Iris does not guarantee that its intervention on behalf of the Member duly enrolled in the IDP will result in a particular outcome or that its efforts on behalf of the Member will lead to a result satisfactory to the Member.
c. Iris services do not include, and Iris shall not assist the Member for, thefts involving non-US bank accounts.
d. Some creditors may require the Member to provide their authorization over the telephone before our Resolution Specialists can begin to work with the creditor directly in resolving an identity theft case.
e. Iris provides its Emergency Cash, Travel Arrangements, Translation and Lost Wallet Assistance services in all countries of the world. However, Iris may determine that services cannot be provided in certain countries or locales because of situations such as war, natural disaster, political instability or regulatory restrictions. Iris will attempt to assist a Member consistent with the limitations presented by the prevailing situation in the area.
f. Services cannot always be assured if conditions such as war, disaster or political instability render assistance Services difficult or impossible to provide. In such instances, Supplier reserves the right to suspend, curtail or limit its services in any area in the event of rebellion, riot, military uprising, war, terrorism, labor disturbance, strikes, nuclear accidents, acts of God or refusal of authorities to permit Supplier to fully provide Services or inclusion on an economic or trade sanction list (such as, but not limited to the U.S. Department of the Treasury’s Office of Foreign Assets Control List).
g. Iris shall not be responsible for failure to provide, or for delay in providing services when such failure or delay is caused by conditions beyond its control, including but not limited to labor disturbance and strike, rebellion, riot, civil commotion, war, terrorism, or uprising, nuclear accidents, natural disasters, acts of God, inclusion on an economic or trade sanction list or where rendering services is prohibited by local law or regulations.
3. ScamAssist® Research Service Limitations
a. In the ScamAssist Research Service, Iris Resolution Specialists research and attempt to determine whether the offer or solicitation a Member has received is an apparent scam, is from a malicious source, or is otherwise unsafe to engage with. Members should be aware that no system used to detect scammers, malware or dangerous items is entirely successful or foolproof. Accordingly, Members who use ScamAssist and any findings and/or safety assessment provided to Members in the content of the email do so entirely at the Members’ own risk.
b. Iris’s ScamAssist services are provided to Members on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, IRIS AND ITS AFFILIATES, AGENTS, PARTNERS AND SUBSIDIARIES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT IN CONNECTION WITH SCAMASSIST®.
c. Iris may use or rely upon third-party websites or resources to perform ScamAssist. By using ScamAssist, the Member acknowledges and agrees that Iris is not responsible or liable for: (i) the availability or accuracy or effectiveness of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Usage by Iris of such resources, or links to such websites or resources that may be found on the Iris website, does not imply any endorsement by Iris of such websites or resources or the content, products, or services available from such websites or resources. By using ScamAssist, the Member acknowledges sole responsibility for and assumes all risk arising from Member’s reliance on Iris’s findings based on Iris’s use of any such websites or resources.
4. Services availability country limitations
Please, check below if the service is available in your region before completing your purchase.
Identity Theft Resolution Services and ScamAssist® Research Service are available only in: USA, United Kingdom, Ireland, Canada, Australia, New Zealand, Germany, France, Italy, Spain, Switzerland, Belgium, Austria, South Africa, Mexico.
E. GOVERNING LAW AND JURISDICTION
These Terms shall be deemed to be made in the State of New York and shall in all respects be interpreted, construed and governed by and in accordance with its laws without application of conflicts of law provisions. For any disputes arising out of the Terms, the parties irrevocably submit to the jurisdiction of the local and federal courts of New York, which shall serve as the exclusive forum for the purposes of any suit, action or other proceeding, except for a suit by Iris seeking injunctive relief, which Iris may pursue in any appropriate forum. By enrolling in the IDP Program or by using any of the IDP Products, you as the Member hereby expressly and irrevocably agree that regardless of your place of legal residency or your physical location at the time the IDP Products are utilized, the IDP Program and the IDP Products are provided to Members subject exclusively to the privacy and ID protection laws, rules and regulations of the United States and the State of New York (the “Applicable Laws”). Other countries and jurisdictions may have privacy and ID protection laws (“Other Laws”) that provide greater or different protections than those provided by the Applicable Laws. To the extent you may lawfully do so, you as the Member hereby expressly and irrevocably waive the application of all Other Laws to these Terms and Conditions, the IDP Program and the IDP Products provided to you.
F. LIMIT OF LIABILITY
By enrolling in the IDP and/or by using any of the services, you, as Member agree that the total and exclusive liability of Iris and its employees, officers, directors, attorneys, agents, assigns and third-party contractors (the “Iris Parties”) to any Member for any claims, demands or damages relating to or arising out of IDP, the provision of services or any failure to provide services, shall be limited, in the aggregate, to fifty dollars (U.S. $50.00) (“Limit of Damages”). You, as Member agree to indemnify and hold the Iris Parties harmless for all damages, costs and expenses, including reasonable attorneys’ fees and costs, incurred by Iris in or relating to any legal proceeding brought by or on behalf of any Member for any claim, demand or damages in excess of the Limit of Damages. To the maximum extent permitted by law, notwithstanding any other provision of these Terms, in no event shall Iris be liable to you or any Member for any exemplary or punitive damages, any remote or consequential damages or any damages not arising directly and proximately from the provision of services, regardless or whether or not such damages were reasonably foreseeable by Iris at the time of the provision of services or the Member’s enrollment in the IDP.