Mobile Banking Terms and Conditions
1. Definitions:
In this section, the following words and phrases have the meaning set opposite them unless the context indicates otherwise:
"MobileBanking or SMSBanking" means facility of access to information relating to the Saving / Current Account(s) / Fixed Deposit of the Customer and usage of products and/or other services as may be advised or made available on the Customer’s Mobile Phone by the Bank from time to time on / through MobileBanking. The words MobileBanking and MobileBanking Services are used interchangeably in this document.
"Mobile Phone" means the handset together with requisite accessories, equipment attachments and other software which is owned / possessed by the Cellular Service subscriber.
"User or I" refers to a Customer of the Bank authorized to use the MobileBanking Service provided by the Bank.
"Personal Information" refers to the information about the User obtained in connection with the MobileBanking Service.
"Cellular Service" hereafter referred to as "CSP" refers to the GSM/ CDMA / GPRS / EDGE Service provider (for operation of Mobile Phones) / any Aggregator who have entered into an agreement with the Bank for provision of MobileBanking Services to its customers.
2. Applicability of Terms and Conditions:
These Terms and Conditions form the contract between the User, the Bank and the Cellular Service Provider (hereinafter referred to as the CSP) and shall be in addition to and not in derogation of the Terms and Conditions relating to any account of the User and / or the respective product or the service provided by the Bank, or the CSP.
3. Eligibility :
Any customer of the Bank, having a saving and or current and or fixed deposit account authorised to operate singly or on either or survivor basis and who is also a current subscriber of the CSP. The User should have access to the Mobile Phone and knowledge of how the Mobile Phone works. The User should at all times possess the Mobile Phone software, which are required for using MobileBanking. In case of Minor accounts, only the natural guardian of the Minor shall be eligible to avail of this service.
4. Registration :
I agree that I shall be entitled to use the MobileBanking Service only if my application is found in order and the relevant particulars are registered by the Bank and the CSP. The Bank and the CSP shall be at liberty to reject my application without assigning any reason.
5. The Bank shall endeavour to provide to the user through MobileBanking, such services as the Bank may decide from time to time. The Bank reserves the right to decide the type of services, which a category of user may be offered on each account and may differ from category to category.
The Bank may also make additions /deletions to the services offered through MobileBanking at its sole discretion.
6. Only those accounts opened with the Bank and attached to the respective User's ID will be accessible through MobileBanking.
7. There will be no obligation on the Bank to support all the versions of this Mobile Phone software.
8. I agree that I shall use only my Mobile Phone to access the MobileBanking Service of the Bank. The access is restricted to me on the specific Mobile Phone Number only as registered with the Bank for MobileBanking. I must not let any other person have access to my Mobile Phone or leave the Mobile Phone unattended. I shall not attempt or permit others to attempt accessing the account information stored in the computers of the Bank through any unauthorised means.
9. I grant express authority to the Bank for carrying out the transactions performed by me through MobileBanking. The Bank shall have no obligation to verify the authenticity of any transaction received from me through MobileBanking or purporting to have been sent by me via MobileBanking other than by means of verification of the Mobile Phone Number. The display that is produced by me at the time of operation of MobileBanking is a record of the operation of the mobile access and shall not be construed as the Bank's records of the relative transactions. The Bank's own records of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes unless I point out any discrepancy within 15 days from the date of receipt of periodical statement. All transactions arising from the use of MobileBanking, in a joint account, shall be binding on all the joint account holders, jointly and severally.
10. I am responsible for the correctness of information supplied by me to the Bank through the use of or through any other means such as electronic mail or written communication. Neither the Bank nor the CSP accepts any liability for the consequences arising out of erroneous information supplied by me. If I suspect that there is an error in the information supplied to the Bank by me, I shall advise the Bank as soon as possible .The Bank will endeavour to correct the error promptly and adjust any interest or charges arising out of the error. All outputs of statements are duplicate statements of account and will be prepared by electronic means and the information contained therein will be extracted from a computerized back up system maintained by the Bank. While the Bank will take all reasonable steps to ensure the accuracy of the statement, the Bank is not liable for any error, which may happen due to reasons beyond its control like Data getting corrupted in transmission.
11. Liability of the User :
I shall not be liable for losses arising out of the unauthorized transactions occurring in my accounts if I have complied with the Terms and advised the Bank in writing under acknowledgement immediately after I suspect that my Mobile Phone number is / has been allotted to another person and/or notice an unauthorized transaction in my account, after a maximum of 2 days from the receipt of such advice by the Bank.
I agree that the access to MobileBanking is through my Mobile Phone and any transaction, which originates from the same, whether initiated by me or not shall be deemed to have originated from me. I shall be liable for all loss from unauthorized transactions in my accounts if I have breached the Terms or contributed or caused the loss by negligent actions such as the
Following:
Not advising the Bank in a reasonable time about unauthorized access to or erroneous transactions in the MobileBanking accounts.
In case of change in or termination of the Mobile Phone number/SIM Card, not informing the CSP and the Bank about the change/ termination.
I understand that in the event of loss of my Mobile Phone or it falling in the wrong hands, it can be misused. I indemnify the Bank for any such misuse arising out of the same. I shall not hold Bank responsible for any loss that I may suffer in these circumstances.
12. Liability of the Bank :
The Bank shall, in no circumstances, be held liable to me, if access is not available in the desired manner for reasons including natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or network failure, non delivery of SMS, software or hardware error or any other reason beyond the control of the Bank. Under no circumstances shall the Bank be liable for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the User or any other person. The Bank is in no way liable for the services provided by the CSP in relation to the Mobile Phone. The Bank is in no way responsible/liable for the charges levied by the CSP in relation to MobileBanking transaction.
13. Liability of the CSP:
Due to limitations of the SMS (Short Messaging Services) Technology and of WAP (Wireless Application Protocol) Technology, the CSP and the Bank do not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through MobileBanking Service. The CSP makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and however suffered or incurred by the User or by any person resulting from or in connection with the MobileBanking Service or the CSP network. Without limitation to the other provisions of this agreement, the CSP, its employees, agents or contractors, shall not be liable for any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profits, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the User or any other person howsoever arising from or relating to any delay, interruption, suspension, resolution of error of the Bank and the MobileBanking Service in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction or error in the transmission of any information or message to and from the telecommunication equipment of the User and the CSP network and the Bank's system or any break down, interruption, suspension or failure of the telecommunication equipment of the User, the Bank's system or the CSP network. Notwithstanding herein to the contrary, the CSP shall not be involved in or in any way liable to the User for any dispute between the Bank and the user.
14. Indemnity :
I shall indemnify and hold the Bank and the CSP harmless against any loss suffered by the Bank, its customers or a third party or any claim or action brought by a third party which is in any way the result of the MobileBanking transactions done by me. I agree that the MobileBanking Service uses the network provided by the CSP. I hold the Bank harmless against any loss incurred by me due to failure in this network.
15. Disclosure of Personal Information:
I agree that the Bank or its contractors may hold and process my Personal Information on computer or otherwise in connection with MobileBanking Services as well as for statistical analysis and credit scoring.
16. Termination of MobileBanking Service:
I can request for termination of the MobileBanking Services at any time by giving a written notice of at least 15 days to the Bank from the time the Notice is delivered to the Bank. I agree that I will remain responsible for any transactions made on my MobileBanking account(s) through MobileBanking until the termination of my MobileBanking Service.
The Bank may withdraw the MobileBanking Services anytime and shall endeavour to give a 30 days’ notice to me. The closure of all my accounts will automatically terminate the MobileBanking Service. Similarly the Bank may suspend or terminate MobileBanking Services without prior notice if I have breached these Terms and Conditions or if the Bank notices some errors / omissions / fraudulent transactions related to my account or Cust id.
17. Notices :
The Bank may give notices under these Terms and Conditions, electronically to my mailbox (which will be regarded as being in writing), or in writing by hand-delivery, or by sending them by post to the last address given by me and in the case of the Bank to its registered office. In addition, the Bank may also publish notices of general nature, which are applicable to all Users of MobileBanking on its website. Such notices will have the same effect as a notice served individually to me.
17.1 Risks:
I hereby acknowledge that I am availing the Payment Instruction Services at my own risk.
17.2 Misuse of Mobile Device and Authentication Credentials:
I acknowledge that if any third person obtains access to my mobile device and MobileBanking authentication credentials (such as password, PIN, or biometric information), such third person would be able to provide Payment Instructions / other instructions to the Bank. I shall ensure that the Terms and Conditions applicable to the use of the mobile device and authentication credentials as contained herein are complied with at all times.
MobileBanking Access and Frauds:
To access MobileBanking App, I understand that I must use a mobile device with the registered SIM card inserted, complete a one-time registration process, and may log in using a password, PIN, or biometric authentication.
MobileBanking Applications per se are susceptible to a number of frauds, misuse, hacking and other actions that could affect Payment Instructions / other instructions to the Bank. Whilst the Bank shall aim to provide security to prevent the same, there cannot be any guarantee from such Internet frauds, hacking and other actions that could affect Payment Instructions / other instructions to the Bank including result in delay or failure in processing the instructions. I shall separately evolve/ evaluate all risks arising out of the same and the Bank shall not be responsible for the same.
Avoid clicking on unsolicited or suspicious links, avoid downloading unverified apps or sharing their screens, and never disclose sensitive information such as passwords, OTPs, PINs, CVV, or card/account details to anyone.
I understand that using MobileBanking App over public/unsecured Wi-Fi networks or on rooted/jailbroken mobile devices or installing any malicious applications on device is risky, and I shall avoid using the MobileBanking App under such circumstances.
Mistakes and Errors:
The filling in of applicable data for transfer of funds and/or issue of Demand Drafts would require proper, accurate and complete details.
For instance, I am aware that:
• I would be required to fill in the correct account number of the person to whom the funds are to be transferred;
• I would be required to fill in the correct Credit Card number while making Credit Card payments;
• I would be required to fill in the correct details such as the name of the payee (who may or may not have an account with the Bank), mailing address, amount of the Demand Draft and the city/state where the Demand Draft is payable.
In the event of any inaccuracy in this regard, the funds could be transferred to incorrect accounts or the Demand Draft may be incorrectly issued or sent to a wrong address and there is no guarantee of recovery of the same thereafter. I shall therefore take all care to ensure that there are no mistakes and errors and that the information given by me to the Bank in this regard is error free, accurate, proper and complete at all points of time. I indemnify the Bank from any loss due to an error on my part.
On the other hand, in the event of my account receiving an incorrect credit by reason of a mistake committed by some other person, the Bank shall be entitled to reverse the incorrect credit at any time whatsoever without my consent. I shall be liable and responsible to the Bank and accede to accept the Bank's instructions without questions for any unfair or unjust gain obtained by me as a result of the same.
Transactions via MobileBanking App:
The transactions, which may require the transfer of the funds or issue of Demand Draft, may not fructify or may not be completed by the parties to whom I request the Bank to transfer the funds or issue the Demand Draft. The Bank is not in any manner involved in the said transactions and contracts, and my sole recourse in this regard shall be with the party with whom I have the transactions. The Bank is merely providing me services through the MobileBanking App whereby the said funds would be transferred on my instructions.
Technology Risks in MobileBanking App:
The technology for enabling the transfer of funds and the other services offered by the Bank could be affected by virus or other malicious, destructive or corrupting code, program, or macro. It may also be possible that the MobileBanking App or related services may require maintenance, and during such time it may not be possible to process the request of the customers. This could result in delays in the processing of instructions or failure in the processing of instructions. I understand that the Bank disclaims all and any liability, whether direct or indirect, whether arising out of loss or profit or otherwise, arising out of any failure or inability by the Bank to honour any customer instruction for whatsoever reason.