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 to 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
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.Demand
Draft/Bankers’ Cheque Request:
The
user can request for Demand Draft/Bankers’ Cheque and opt for mailing the DD /
Bankers’ Cheque to the communication address of the customer or delivered to
the beneficiary’s address as given in request. The courier/postage charges,
exchange on DD and commission on Bankers’ Cheque will be borne by the
customer.
13.
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.
14.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.
15.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.
16.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.
17.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.
18.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.
19.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.
20.
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.
21.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.
22.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.
23.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.
24.
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.
25.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.
26.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.
27.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 Sultanate of Oman and
no other nation. The User and the Bank agree to submit to the exclusive
jurisdiction of the Courts located in Sultanate of Oman as regards any claims or
matter arising under these terms and conditions.
Any dispute or
difference arising between the User and the Bank shall be settled by mutual
consultation /discussion failing which, the same shall be referred to
Arbitration. The Arbitration proceedings shall be governed and conducted in
accordance with Sultanate of Oman Arbitration Laws and the Arbitration
proceedings shall take place in Sultanate of Oman.
The Bank accepts no
liability whatsoever, direct or indirect, for non-compliance or breach of the
laws of any country other than Sultanate of Oman. The mere fact that the e-banking
Service can be accessed through Internet by a User in a country other
than Sultanate of Oman 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
Sultanate of Oman will not alter the situation and the said user shall be deemed
to have submitted himself to the laws of the Sultanate of Oman and only the
Sultanate of Oman courts shall have the jurisdiction.
28.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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