1. Definitions:
In this document the following words and
phrases have the meaning set opposite them unless the context indicates
otherwise:
Bank refers to Bank of Baroda (BOB), a banking
company having its Head office at Baroda House, P.B.No.506, Mandvi, Baroda -390
006, Gujarat, India and Corporate Office at Baroda Corporate Centre at C-26,
G-Block, Bandra-Kurla Complex, Bandra (East), Mumbai-400051 including any branch
/ office thereof.
E-Banking is the Bank’s Internet Service, offering the
various facilities to the Retail User such as Accounts enquiry, Statement of
account, Funds Transfer, Utility Bills Payment, Stop payment, request for
issuance of cheque book, request for issuance of DD, other requests, etc.,
alerts, financial modelling and other facilities as the bank may decide upon to
provide from time to time.
User refers to any individual user availing
Internet banking facility of the Bank and such user is identified as a Retail
User.
Account refers to the User’s Savings and / or
Current Account and / or Time Deposit and / or Cash Credit, Overdraft, Loan
Account and / or any other type of account as available in the Bank to be
covered under the e-banking facility.
Terms refer to terms and conditions for use of
e-banking as detailed in this document.
2. Applicability of terms:
These terms form the contract between the
User and the Bank. By applying for e-banking of BOB
to access and utilize the various services so offered, the User
acknowledges and accepts these terms. These terms will be in addition and not in
derogation of the terms and conditions relating to any account of the
User.
3. a) Application for
e-banking:
The Bank may extend e-banking facility
to selected customers at its discretion. The User need to be a current
legal Internet user or has access to the Internet and knowledge of how the
Internet works. The application form for e-banking may either be
downloaded and printed or the same can be received from any branch of
BOB. The said form is to be filled up and duly signed by the User and
submitted either to Centralised E-Banking Division, Mumbai or any of the
BOB branches. Upon receipt
of request in the bank’s prescribed application form for internet banking and
subject to the satisfaction of the eligibility criteria laid down by the Bank
from time to time, internet banking access shall be provided to the User by the
Bank. The User shall not attempt or permit others to attempt accessing the
account information stored in the bank’s computers through any means other than
e-banking. The User shall not attempt or permit others to attempt
accessing the account information stored in the bank’s computers which does not
relate to his/her account and / or for illegal and / or improper purposes which,
if done and proved to be so, will be liable for action under the appropriate law
and withdrawal of the e-banking facility.
b)
Instructions:
Bank shall provide all instructions for
operating the e-banking facility to the User. The user is also
responsible for the accuracy and authenticity of the instructions so provided to
the Bank and the same shall be considered to be sufficient to operate the
internet banking facility. The Bank shall not be required to independently verify the
instructions and the instruction once given is effective unless countermanded by
further instructions. The Bank shall have no liability if it does not or is
unable to stop or prevent the implementation of the initial instructions. Where
the Bank considers the instructions to be inconsistent or contradictory, it may
seek clarification from the User or may act upon as it may think
fit.
4. Software:
The Bank will advise from time to time the
Internet software such as Browsers, which are required for using
e-banking. There will be no obligation on the Bank to support all
the versions of this Internet software. The User shall upgrade his software,
hardware and the operating systems at his own cost from time to time and the
Bank shall be under no obligation to support the software, hardware, operating
systems of the User and that the same shall be the sole responsibility of the
User.
5. Joint Accounts:
E-banking
facility can be availed by the following persons for a Retail
User:
1) Individuals
2) Joint account
holders with operating instructions as Self, Either or
survivor,
Anyone or survivors or survivor clause
The user who is desirous of availing the
e-banking facility should authorise a single signatory to act
independently to operate the e-banking account notwithstanding the fact
that the joint accounts are operated on E or S / Anyone or Survivors or
survivor. The said e-banking user should submit necessary authority duly
signed by all accountholders, who in the normal course, have to operate the
accounts as per the operating instructions.
All transactions arising from the use of
e-banking in the above account shall be binding on the account holders jointly
and severally. The Bank, in no way, shall be liable for any loss / damages
whatsoever that may be incurred or alleged to be incurred by the said account
holders in such an event.
6.
Accounts in the names of minors:
In case of accounts
opened for and on behalf of minors, the natural guardian shall undertake to give all instructions
relating to the operation of the account and further undertake not to reveal the
User ID and Password to the minor, which if done so, will be at the risk and
consequences of the guardian and the Bank shall not be liable for any loss on
that account in case the account is
operated by the minor. In such an event the transaction will be deemed to have
been undertaken by the guardian.
7. Security:
The Bank shall take adequate and reasonable
care to ensure the security of and prevent unauthorised access to the
e-banking service using 128 bit Secured Socket Layer which is the highest level of security available for
the internet banking services.
8. Password:
The user accepts and unconditionally agrees
to the following:-
i) Upon approval of the account holder’s
application, the customer will be allotted a user Id and password to access the
e-banking facility.
ii) The user id and password will be mailed
separately by the Bank to the mailing address in terms of the option exercised
by the customer in the Application Form.
iii) The password so mailed is not known to
anyone including the Bank staff. In the event of the mails containing user id
and password reaches the customer in a tampered / damaged condition, contact the
Bank immediately.
iv) On accessing e-banking for the
first time, the user has to compulsorily change the password assigned by the
Bank through the relevant option. The user is at liberty to change the password
as many times as possible at his risk and consequences. The user will be solely
responsible for maintaining secrecy of the password, so changed, and the Bank
shall in no way be responsible for the misuse of the said password by any person
other than the authorised user.
v) The Bank does not assume any
responsibility in this behalf including against loss incurred by the user as a
result of misuse / unauthorised use of user Id / password.
vi) In case the user forgets the password, a
new password may be obtained from the Bank against a written request in the
prescribed Bank’s format available on Internet or from Bank’s branch. Such
replacements shall not be construed / deemed as the commencement of new
contract. In such an event the Bank shall provide the new password within a
reasonable period of time. However, till such time no transactions could be
effected.
9. Charges:
The Bank reserves the right to charge and
recover from the User charges, if any fixed, for providing any service under
e-banking facility. The user hereby authorises the Bank to recover the
service charges by debiting one of the accounts of the user to make the payment
within a specified period. However, there are no charges levied to the customers
for e-banking services at present. Charges such as exchange on DD, commission on
Bankers’ Cheque, postages, courier charges, etc. be borne by the
customer.
10.
Mailing Address:
All correspondence / delivery of any
instructions by the Bank or their communication shall only be made at the normal
postal address and / or e-mail address as registered with the Bank. The Bank
shall in no way be held responsible for non-receipt of the
same.
11.Cheque
Book Issue:
The user can request for issuance of a
chequebook and the same will be mailed by the Bank to the address given in the
Request. The courier charges will be borne by the
customer.
12.
Transaction Processing<:
All the Fund Transfers will be effected
instantaneously in the account after invoking Instant Funds
Transfer.
All the Scheduled Funds Transfer will be
carried out on the scheduled dates subject to availability of clear
balance in the account.
In case Funds Transfers scheduled for
effecting any transactions are received on weekly off / holiday / public
holidays, they shall be effected on the immediately succeeding working
day.
The user shall not hold the Bank responsible
for not processing/effecting any transactions in case the Bank does not receive
instruction to this effect even though the customer has forwarded the
same.
13.Funds
Transfer:
The user shall not use
or attempt to use e-banking for funds transfer without sufficient funds
in his account or without a
pre-existing arrangement with the Bank by way of Cash Credit/overdraft. The Bank
will endeavour to effect such funds transfer transactions received through
e-banking provided there are sufficient funds available in the User’s
account.
The Bank shall not be
liable for any omission to make funds transfer (s) due to circumstances beyond
the reasonable control of the Bank.
14.Bill
Payments :
The user shall maintain sufficient balance in
his account for payment of bills on the scheduled date. The Bank shall not be
liable for non-payment due to insufficient balance or circumstances beyond the
reasonable control of the Bank, including technical problems of connectivity,
computer breakdown, non-availability of communication links,
etc.
The Bank shall in no way be responsible for
the non-payment of the User's bills within the time stipulated and the User
alone shall be bound to pay or discharge interest, penalty or any such charges.
Further, the Bank shall not be called upon to indemnify the user. All disputes
such as excess billing, disconnection of service or facility, wrong credit or
debit, shall be resolved by the User only, and the Bank shall in no way be
responsible for the same.
15.Authority
to the Bank:
E-banking transactions in the User’s Account(s)
are permitted only after authentication of the User Id and transaction Password
of the User. The User grants express authority to the Bank for
carrying out the banking transactions performed by him through e-banking.
The Bank shall have no obligation to verify the authenticity of any transaction
received from the User through e-banking or purporting to have
been sent by the User via e-banking other than by means of verification of the
User-Id and the transaction password.
Illegal or improper use of the e-banking
facility shall render the user liable for payment of financial charges as
decided by the Bank or will result in the suspension of the operations through
e-banking.
The display or printed output that is
produced by the User at the time of operation of e-banking is a record of the
operation of the Internet transactions.
16.Accuracy
of Information:
The User is responsible for the
correctness of information provided to the Bank through the use of
e-banking or through any other means such as electronic mail or written
communication. The Bank accepts no liability for the consequence arising out of
erroneous information provided by the User. The user shall at periodic intervals
check the correctness of the statement and shall inform the Bank about any
discrepancies that may occur. However, Bank does not accept any
liability.
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 computerised 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. The
User shall hold the bank harmless against any loss, damages, etc. that
may be incurred /suffered by the User if the information contained in the
above said outputs turns out to be inaccurate / incorrect.
17.Liability
of the User:
The User alone shall be liable for any loss
from unauthorised transactions in the e-banking accounts if he has
breached the terms or contributed or caused the loss by negligent actions such
as the following:
Keeping a written or electronic record of
e-banking password.
Disclosing or failing to take all reasonable
steps to prevent disclosure of the e-banking password to anyone including
any minor, Bank staff and/or failing to advise the Bank of such disclosure
within reasonable time.
Not advising the Bank in a reasonable time
about unauthorized access to or erroneous transactions in the e-banking
accounts.
The Bank shall in no circumstances be held
liable by the User if e-banking access is not available in the desired
manner for reasons including but not limited to natural calamity, floods, fire
and other natural disasters of any kind, legal restraints, faults in the
telecommunication network or Internet or network failure, power breakdown or UPS
breakdown, software or hardware failure and or error or any other reason beyond
the reasonable control of the Bank. The Bank shall in no way be liable for any
loss or damage that may occur due to hacking of the account by any persons other
than the user, which fits in the definitions of a 'Cyber Related Crime' as
accepted internationally. The Bank shall under no circumstances 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.
18.Indemnity:
The User shall
indemnify and hold the Bank harmless against all actions, claims, demands,
proceedings, losses, damages, costs, charges and expenses whatsoever which the
Bank may at any time incur, sustain, suffer or be put to as a consequence of or
by reason of arising out of providing e-banking facility or by reason of
the Bank in good faith taking or refusing to take or omitting to take action on
any instruction given by the User.
19.
Disclosure of Personal Information:
The User agrees that the Bank may hold and
process his Personal Information on computer or otherwise in connection with
e-banking services as well as for statistical analysis and credit
scoring. The User also agrees that the Bank may disclose, in strict confidence,
to other institutions, such Personal Information as may be reasonably necessary
for reasons inclusive of, but not limited to, the
following:
·
participation
in any telecommunication or electronic clearing network
·
compliance with
a legal directive
·
credit rating
by recognized credit rating / scoring agencies
·
fraud
prevention purposes.
20.Bank’s
Lien:
The Bank shall have the right of set-off and
lien, irrespective of any other lien or charge, present as well as future on the
deposits held in the User’s accounts whether in single name or joint name(s), to
the extent of all outstanding dues, whatsoever, arising as a result of the
e-banking service extended to and/or used by the
User.
21.Proprietory
Rights:
The User acknowledges that the
software underlying the e-banking service as well as other Internet
related software which are required for accessing e-banking are the legal
property of the respective vendors. The permission given by the Bank to access
e-banking will not convey or confer any proprietory or ownership rights
in the above software. The user shall in no way try to alter / tamper or
experiment with the said program. Any breach on the part of the user will be
dealt under the appropriate law and user shall be liable for damages that may be
incurred by the Bank.
The User shall not
attempt to modify, translate, disassemble, decompile or reverse engineer the
software underlying e-banking or create any derivative product based on the
software.
22.Change
of Terms and Conditions:
The bank has the absolute discretion to amend
or supplement any of the Terms at any time without prior notice to each user
about the same. The changes so made will be available on the website of the bank
which the customers are requested to refer to from time to time. Proposed and
existing users to the services are advised to confirm themselves about the terms
and conditions contained therein to take note of any changes, modifications
and/or amendments which may be made to the scheme from time to time by the Bank.
The bank may introduce new services within e-banking from time to time.
The existence and availability of the new functions will be displayed on the
bank’s website along with the revised/changed terms and conditions applicable to
such other e-banking services. By using the services, it is deemed that
the User agrees to be bound by the terms and conditions
applicable.
23.
Non-Transferability:
The grant of facility of e-banking to
a User is not transferable under any circumstance and shall be used only
by the User who will be responsible for all the consequences
thereof.
24.Cancellation
/ Termination of e-banking:
The User may request for cancellation
of the e-banking facility any time by giving a reasonable notice to the
Bank. The User will remain responsible for any transactions made in his
accounts through e-banking prior to the time of such cancellation of the
e-banking Service as informed by Bank after accepting such request. The
Bank may withdraw the e-banking facility anytime provided the User is given
reasonable notice. The closure of all Accounts of the User will
automatically terminate the e-banking service. The Bank may suspend or
terminate e-banking facilities without prior notice if the User has
committed breach of these terms and conditions or the Bank learns of the death,
bankruptcy or legal incapacity of the User.
25.Notices:
The Bank and the User may give notices
under these Terms and Conditions:
·
Electronically to the mailbox of either
party. Such notices will be regarded as being in writing.
·
In writing by delivering them by hand or
by sending them by post to the last address given by the User
In addition, the Bank may also publish
notices of general nature, which are applicable to all Users of
e-banking on its web site. Such notices will have the same effect as a
notice served individually to each User and or that of a notice published
in a newspaper of print media.
26.Governing
Law:
The terms and conditions and/or the operations in the accounts of the User maintained by the Bank and/or the use of the services provided through e-banking shall be governed by the appropriate laws as prevalent in Mauritius and no other nation. The User and the Bank agree to submit to the exclusive jurisdiction of the Courts located in Mauritius as regards any claims or matter arising under these terms and conditions..
The Bank accepts no liability whatsoever, direct or indirect, for non-compliance or breach of the laws of any country other than Mauritius. The mere fact that the e-banking Service can be accessed through Internet by a User in a country other than Mauritius shall not be interpreted to imply that the laws of the said country shall govern these terms and conditions and/or the operations in the e-banking accounts of the User and/or the use of e-banking. The user of the e-banking facility by a person from any place other than Mauritius will not alter the situation and the said user shall be deemed to have submitted himself to the laws of Mauritius and only the Mauritian courts shall have the jurisdiction.
27.General:
The clause headings in this agreement are
only for convenience and do not effect the meaning of the relative clause. The
User shall not assign this agreement to anybody
else.
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