NOTICE
Definitions
BANK refers to Punjab National Bank, a body corporate constituted in India under the Banking Companies (Acquisition and Transfer of Undertakings) Act,1970 and having its Head Office at Plot No.4, Sector-10, Dwarka, New Delhi – 110075 and includes its successors and assigns.
WEBSITE means website of the Bank with URL: http://www.pnbindia.in and/or https://ibanking.pnb.bank.in and/or https://iretail.pnb.bank.in and/or https://icorp.pnb.bank.in and as modified from time to time.
USER refers to a customer of the Bank authorized to use Internet Banking Services.
INTERNET BANKING SERVICES refers to a service offered by the Bank through which a registered Customer may conduct enquiries or perform transactions on the Bank’s website.
ACCOUNTrefers to the User’s Savings and/or Current Account and/or Fixed Deposit or any other type of account (existing or opened in future) so designated by the Bank to be eligible account(s) for the operations through the use of Internet Banking.
THIRD PARTY PRODUCT refers to any product and/or service of third party which is offered by or through the intermediary of the Bank.
PERSONAL INFORMATION refers to the information about the user obtained for providing Internet Banking Services.
CONFIDENTIAL INFORMATION refers to the information obtained by the customer through the Bank for availing Internet Banking services.
TERMS refer to Terms and Conditions for use of Internet Banking Services as specified herein and available at the Bank's website.
Applicability of TERMS
The user agrees that in the event the USER avails of any services offered by BANK through the website the user shall be bound by all the terms and conditions stipulated by BANK pertaining to such services offered by BANK from time to time and availed by the user through the aforesaid website(s).
The agreement shall remain valid until it is replaced by another agreement or terminated by either party or the account/s is/are closed, whichever is earlier.
Application for Internet Banking Services
The Bank may offer Internet Banking Services to select customers at its discretion. The customer would need to be a current Internet User or have legal access to the Internet and knowledge of its working. The acceptance of customer’s application and the acknowledgment thereof does not automatically imply the acceptance of application for providing Internet Banking Services by the Bank.
The Bank may, from time to time, advise the Internet software which are required for using Internet Banking Services by the customer. There will be no obligation on the part of the Bank to support all the versions of these Internet software and their updates.
Internet Banking Services
The Bank shall endeavor to provide various banking services to the user through Internet Banking Services, such as, inquiry about the balance in its account(s), details about transactions, statement of account(s), etc. These facilities may be offered in a phased manner at the discretion of the Bank. The Bank, at its sole discretion, may also make additions / deletions to the Internet Banking Services being offered to the user without giving any prior notices or reasons. The availability / non-availability of a particular service shall be advised through e-mail or web page of the Bank or written communication or any other mode as the Bank deems fit.
The information provided to the user through the Internet Banking Services is not updated continuously but at regular intervals. Consequently, any information supplied to the user through Internet Banking Services will pertain to the date and time when it was last updated and not as the date and time when it is supplied to the user. Bank shall not be liable for any loss that the user may suffer by relying on or acting on such information.
The Bank may keep or maintain its records of the transactions as prescribed under the law for the time being in force. In any dispute, Bank's records shall be binding as the conclusive and best evidence of the transactions carried out through Internet Banking Service in the absence of clear proof that Bank's records are erroneous or incomplete.
The Bank shall take reasonable care to prevent unauthorized access and ensure reasonable security of the Internet Banking Services by using technology reasonably available to the Bank in India.
The user shall not use or permit to use Internet Banking Services or any other related service for any illegal, fraudulent, dishonest or improper purposes.
Internet Banking Service Access
Login in Internet Banking will be allowed using a User ID and login password. In case of corporate customers, a Corporate ID will also be required. For authentication of the transactions, a transaction password will be required.
In addition to or in substitution of User ID and Password, the Bank may, at its discretion, advise the User to adopt such other means of authentication including but not limited to digital certification and / or smart cards issued by licensed Certifying Authorities or vendors. The user shall not attempt or permit others to attempt accessing the account information stored in the computers and computer networks of the Bank through any means.
Password
In the event of forgetting of User ID and / or passwords or expiry / disability of password(s), the User can request for User IDor change of the passwords. The selection of new passwords and / or replacement of User ID shall not be construed as the commencement of a new contract. The User agrees and acknowledges that Bank shall in no way be held responsible or liable if the User incurs any loss as a result of compromise of User ID and password by the User himself or User has failed to follow the Internet Banking Service instructions as published by the Bank on the website from time to time. The User agrees to fully indemnify and hold the Bank harmless in respect thereof.
Disable of User ID
Internet Banking User ID shall get disabled after a number of incorrect attempts, up to such number as may be decided by the Bank from time to time. The User ID / password can be unlocked through online mode or branch or any other mode decided by the Bank from time to time.
The Bank has the discretion to disable a User ID, if the same has not been used for a period defined by the Bank. Also, the Bank has the right to disable the Internet Banking login of User due to unsatisfactory behavior in the account.
Cyber Crime
The Internet itself is susceptible to various cyber-crimes like phishing, vishing (Voice phishing), SMSing (phishing through SMS), compromise of User’s system security etc., that could affect Payment Instructions / other instructions to the Bank. Whilst the Bank shall endeavor to protect the interest of the customers, there cannot be any guarantee from such cyber-crimes and other actions that could affect Payment Instructions / other instructions to the Bank including but not limited to delay or failure in processing the instructions. The User shall separately evaluate all such risks and the Bank shall not be held responsible for the losses arising out of such cyber-crimes. The User understands that doing a Net Banking transaction at a Cybercafe/shared computer terminal is risky and shall avoid using the services of a Cybercafe/shared computer terminal to do any NetBanking transactions.
The User shall go through the security-related guidelines provided on the website before using the services and shall keep themselves updated from time to time for the safe usage of Internet Banking services.
Technology Risks
The site of the Bank may require maintenance and during such time it may not be possible to process the request of the customers. This could result in delays and/or failure in the processing of instructions. The User understands that the Bank disclaims all and any liability, whether direct or indirect, whether arising out of loss or otherwise arising out of any failure or inability by the Bank to honor any customer instruction for whatsoever reason.
Joint Accounts
The Internet Banking Services will be available in case of Joint accounts only if the mode of operation is indicated as ‘either or survivor’ or ‘anyone or survivor’ or ‘former or survivor’. Internet Banking may be provided to each one of the joint account holders on their request provided they are primary account holder in at least 1 operative account with the Bank.
Limits
The User is aware that the Bank may from time to time impose maximum and minimum limits including daily limits on transfer of funds that may be transferred. The User acknowledges that the same is to reduce the risks on him/her.
Charges
The Bank may, at its discretion, from time to time specify charges for usage of Internet Banking Services and / or additional charges for select services which will be advised to the user at the time of opening the account and also be displayed on the website of the Bank. All out of pocket expenses, wherever applicable, will be borne by the user.
Any further change in the charges / fees shall be displayed on the Bank's website. The user authorizes Bank to recover all charges related to Internet Banking Services as determined by Bank from time to time by debiting Account held with the Bank.
The Bank may withdraw the Internet Banking Services, if at any time the amount of deposit falls short of the required minimum as aforesaid and/or if the service charges remain unpaid, without giving any further notice to the user and/or without incurring any liability or responsibility whatsoever by reason of such withdrawal.
Funds Transfer
The user shall not use or attempt to use Internet Banking Services for funds transfer without sufficient funds in the relative Internet Banking Services account or without prior arrangement with the Bank for grant of an overdraft facility.
The Bank will endeavor to effect such funds transfer transactions received through Internet Banking Services provided there are sufficient funds available in the user’s account. The Bank shall not be liable for any omission to make all or any of the payments or for late payments due to circumstances beyond the reasonable control of the Bank.
If due to technical errors or non-giving effects to certain instructions, the account results in overdraft, the user will be liable to refund the overdrawn amount along with interest as applicable to such type of accounts.
If fund transfer is made available to the user, it may be used for transfer of funds from account of the user to other accounts belonging to third parties maintained at Bank (Intra- Bank transfers) and/or at any other Bank (Inter- Bank transfers), which falls under the network of Reserve Bank of India's Electronic Fund Transfer system and NPCI networks. Fund Transfers to accounts belonging to third parties maintained at any other Bank, which falls under the network of Reserve Bank of India’s Electronic Fund Transfer System shall also be governed by the Terms of Service (Terms & Conditions) applicable to National Electronic Fund Transfer ("NEFT") and Real-Time Gross Settlement System ("RTGS") of the Reserve Bank of India. Similarly, fund transfer on NPCI networks shall also be governed by NPCI guidelines.
The Bank provides the facility of payment on different merchant sites. The Bank will execute such transactions and will be responsible for transferring the amount debited from the User’s account to the Service /merchants’ account. The Bank shall not be held responsible for failure of such transactions. In no event shall the Bank be held responsible/liable for any informational content provided on any such site or for any deficiency in the services/products offered by such sites.
Account Administrator (For Corporate Internet Banking Services Only)
A Corporate Customerhas to appoint an account administrator and convey the same to Bank along with a copy of the mandate containing such authorization. Account Administrator will be the single point of contact for the Bank in all issues related to Internet Banking of the Corporate Accounts. If the customer avails option of Maker-Checker profile, the Account Administrator will be able to create new Corporate Users, allocate divisions to Corporate Users, maintain Corporate level accounts and allocate access of different accountsto different Users and enable/disable menu option. However, for creation / modification of division, roles, hierarchy and transaction limits, fresh mandate needs to be submitted at the branch. All operations and/or transactions performed by the Account Administrator will be binding on the corporate customer as he / she is the authorized person from the corporate customer for doing all the aforesaid activities. However, the Account Administrator representing a corporatecustomer may or may not be able to initiate a transaction depending upon the constitution of said Corporate/ type of profile (single-user/ maker-checker).
Authority to the Bank
Banking transactions in the Users account(s) are permitted through Internet Banking, only after authentication of the User-id, password/s of the User, OTP or any other additional factor of authentication introduced by the Bank from time to time. The USER (along with the joint account holder, if any) grants express authority to the BANK for carrying out the banking transactions performed by him through Internet Banking Services.
The BANK shall have no obligation to verify the authenticity of any transaction received from the User through Internet Banking Service or purporting to have been sent by the User via Internet Banking Services, other than by means of verification of the user credentials.
Authority to the Bank
The display or printed output that is generated by the user at the time of operation of Internet Banking Services is a record of the operation of the Internet access and shall not be construed as the Bank's record of the relative transactions. The Bank's own records generated by the transactions arising out of the use of the Internet Banking, including the time the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transaction and shall be accepted as conclusive and binding for all purposes. While Bank shall endeavor to carry out the instructions promptly, it shall not be responsible for any delay in carrying on the instructions due to any reason whatsoever, including due to failure of operational systems or any requirement of law. All transactions arising from the use of Internet Banking Services to operate a joint account, shall be binding on all the joint account holders, jointly and severally, notwithstanding that one amongst such joint account holders only operates the accounts through Internet Banking Services.
Instructions
All instructions for Internet Banking shall be given, through computer system or otherwise as advised by Bank for the purpose, by the User in the manner indicated by Bank. The User is also responsible for the accuracy and authenticity of the instructions provided to Bank and the same shallbe considered to be sufficient to operate the Internet Banking Services. The Bank shall not be required to independently verify the instructions, and the instruction shall remain effective till such time the same is countermanded by further instructions by the User. Bank shall have no liability if it does not or is unable to stop or prevent the implementation of an instruction, which is subsequently countermanded.
Where Bank considers the instructions to be inconsistent or contradictory it may seek clarification from the user before acting on any instruction of the user or act upon any such instruction as it deems fit. Bank states that it has no liability or obligation to keep a record of the instructions to provide information to the user or for verifying user's instructions.
Any instruction, order, direction, request entered using the password of the user shall be deemed to be an instruction, order, directive, request received from the user.All instructions, requests, directives, orders, directions, entered/initiated by the user, either electronically or otherwise, are based upon the user's decisions and are the sole responsibility of the user. The user understands that entering /initiating an instruction, direction, order, request with Bank, either electronically or otherwise, does not guarantee execution of such instruction, direction, order or request. Bank shall not be deemed to have received any instruction, direction, order, request electronically transmitted by the User until it confirms the receipt of such instruction, direction, order, request.
Bank may refuse to comply with the instructions without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any instruction and have the right to suspend the operations through the Internet Banking if it has reason to believe that the User's instructions will lead or expose to direct or indirect loss or may require an indemnity from the customer before continuing to operate the Internet Banking Services.
Accuracy of Information
The customer is responsible for the correctness of information supplied to the Bank through the use of Internet Banking Services or through any other means, such as, electronic mail or written communication. The Bank accepts no liability for the consequences arising out of erroneous information supplied by the customer. The filling in of applicable data for transfer of funds and other online services would require proper, accurate and complete details.
For instance, the customer is aware that:
In the event of any inaccuracy in this regard, the funds could be transferred to incorrect accounts and there is no guarantee of recovery of the same thereafter. The User shall therefore take all care to ensure that there are no mistakes and errors and that the information given by him/her to the Bank in this regard is error free, accurate, proper and complete at all points of time. The User indemnifies the Bank from any loss due to an error on his/her part. On the other hand in the event of the User’s account receiving an erroneous credit by reason of a mistake committed by some other person or for any other reason, the Bank shall be entitled to reverse the erroneous credit at any time whatsoever without his/her consent. The User 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 him/her as a result of the same.
If the customer suspects that there is an error in the information supplied to the Bank by him/her, he/she shall advise the Bank by the quickest means of communication. The Bank will endeavor to correct the error, wherever possible, on a 'best efforts' basis. If the customer notices an error in the information supplied to him through Internet Banking Service, he shall advise the BANK by the quickest means of communication. The Bank will endeavor to correct the error promptly, and adjust any interest or charges arising out of the error occurred at its end. The Bank accepts no liability for the consequences arising out of erroneous information supplied by the User and shall not adjust any interest or charges arising out of such error.
Liability of the Corporate and the Bank
If the user has complied with the terms and advised the Bank in writing under acknowledgment of an authorized person of the Bank immediately after he / she suspects that his / her User ID or password(s) is / are known to another person and / or notices an unauthorized transaction(s) in his / her account, he / she shall not be liable for losses arising out of the unauthorized transaction(s) occurring in the accounts after the receipt of such advice by the Bank.
The user shall be liable for all loss of unauthorized transactions in the account(s) if he / she has breached the terms and conditions or contributed to or caused the loss by negligent actions, such as, the following:
The Bank shall not be liable for any unauthorized transaction(s) occurring through the use of Internet Banking Services, which can be attributed to the fraudulent or negligent conduct of the user.
The Bank shall not be liable to the account holder(s) 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 account holder(s) or any other person, if Internet Banking Services access is not available in the desired manner for reasons including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or Internet or network failure, software or hardware error or any other reason(s) beyond the control of the Bank.
Bank, for valid reasons, may refuse to execute any instructions placed by the User.
The Bank shall endeavor to take all reasonable steps to maintain secrecy and confidentiality of its customers’ data/information but shall not be liable to the account holder(s) for any damages, whatsoever, caused on account of breach of secrecy/ confidentiality due to unauthorized access, damage, disruption, hacking, phishing, cyber attacks or technological errors in the system or due to reasons beyond the control of the Bank.
The Bank shall not be liable for any loss due to unauthorized transfer of funds through unauthorized access, phishing attacks, hacking, cyber attacks etc.
The Bank will in no way be held responsible or liable for delay, failure and/or untimely delivery of SMS password and/or SMS Alerts due to but not limited to network congestions, network failure, systems failure or any others reasons beyond the reasonable control of the Bank or its service provider(s).
Notwithstanding anything contained herein, where Bank has reason to believe that any transaction or marking of liens, have been fraudulently made (hereinafter referred to as a “suspect transaction”), Bank shall be entitled to withhold payment pertaining to such suspect transaction in accordance with regulatory laws relating to Money Laundering or otherwise. If Bank determines after due enquiry and investigation that the transaction is a valid transaction and not a suspect transaction, Bank shall release such withheld payment subsequently.
The customer agrees that the authentication of transactions effected by him/her on Internet Bankingis done using 'User ID', 'passwords',OTP or any other mode of authentication implemented by the Bank. It is expressly agreed that any operation done in customer accountsusing theInternet Banking user credentials will be deemed to be genuine operation by the customer.
Disclaimer of Warranties
The User expressly agrees that use of the Internet Banking website is at its sole risk and cost. The services offered on the said website is provided on an "as is" and "as available" basis. Except as warranted in the Terms, Bank expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement in Internet Banking. Bank does not warrant that access to the website and Internet Banking shall be uninterrupted, timely, secure, or error free nor does it make any warranty as to the results that may be obtained from the website or use, accuracy or reliability of Internet Banking. Bank will not be liable for any virus or computer contaminant that may enter the user's system as a result of the user using Internet for accessing Internet Banking. Bank does not guarantee to the user or any other third party that access to Internet Banking using Internet would be virus or computer contaminant free.
Indemnity
In consideration of Bank providing the Internet Banking Services, the customer shall, at his own expense, indemnify and hold Bank, its directors and employees, representatives, agents and/or sub-agents as the case may be, indemnified against all losses and expenses on full indemnity basis which Bank may incur, sustain, suffer or is likely to suffer in connection with Bank execution of the customer’s instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason of providing a service through Internet Banking for any action taken or omitted to be taken by Bank, its officers, employees, agents and/or sub-agents on the instructions of the customer. The customer will pay Bank such amount as may be determined by Bank to be sufficient to indemnify it against any such, loss or expenses even though they may not have arisen or are contingent in nature. Further, the customer agrees, at its own expense, to indemnify, defend and hold harmless Bank, its directors and employees, representatives, agents, and sub-agents against any claim, suit, action or other proceeding brought against Bank, its directors and employees, representatives, agents, and sub-agents by a third party, to the extent that such claim, suit, action of other proceeding brought against Bank, its directors and employees, representatives, agents, and sub-agents is based on or arises in connection with the user of Internet Banking with reference to:
The user hereby agrees that under all circumstances, Bank's aggregate liability for claims relating to Internet Banking, whether for breach of in tort (including but not limited to negligence) shall be limited to the transaction.
Disclosure of Personal Information
The user agrees that the Bank or its contractors/sub-contractors, agents/sub-agents may hold and process its NON PUBLIC INFORMATION on computer, computer network or otherwise in connection with Internet 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 NON PUBLIC INFORMATION as may be reasonably necessary for reasons inclusive of, but not limited to, the following:
Proprietary Rights
The User acknowledges that the software being used for the Internet Banking Services as well as other Internet related softwares, which are required for accessing Internet Banking Services, are the legal property of the respective vendors. The permission given by the Bank to access Internet Banking Services will not convey any proprietary or ownership rights in the above software to the User. The User shall not attempt to modify, translate, disassemble, recompile or reverse engineer the software being used for Internet Banking Services or create any derivative product based on the software.
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. The Bank may introduce new services, or withdraw any of the existing services from Internet Banking Services, whenever considered necessary. The existence and availability of the new functions will be visible to the User as and when the same become available. By using these new services, the User agrees to be bound by the applicable terms and conditions.The User shall keep himself/herself regularly updated with these Terms including amendments thereto as may be posted on the website.If in the opinion of the User, the changes are to their disadvantage, the User may at its discretion opt to close the Account and/or discontinue with the Internet Banking, intimating Bank of the same.
Non-Transferability
The grant of facility of Internet Banking Services to a User is not transferable under any circumstances and shall be used by the User only.
Termination of Internet Banking Service
The User may request for termination of the Internet Banking Services facility any time by giving a written notice. The User will remain responsible for any transactions made on his / her account(s) prior to the time of such termination of the Internet Banking Services.
The Bank may at its sole discretion, at any time without giving notice or reasons suspend or terminate all or any of the Internet Banking services offered by the Bank or there use by the User including for reasons such as-
The closure of account by the user will automatically terminate the Internet Banking Services.
In case of Corporate User, the Bank may suspend or terminate the Internet Banking Services without prior notice if the user has committed breach of these terms and conditions or the Bank comes to know about:
(a) appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or in respect of all or substantially all its assets, or
(b) resolution passed for its winding-up, official management or liquidation (other than pursuant to a consolidation, amalgamation or merger), or
(c) becoming insolvent or is unable to pay its debts or fails or admits in writing its inability generally to pay its debts as they become due, or
(d) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the making of an order for its winding-up or liquidation, or
(e) proposed acquisition of assets by financial institution(s),
The termination of the Internet Banking Service shall be without prejudice to the execution of all outstanding Transactions entered into between the Parties. The Bank shall be entitled to receive all fees and other monies becoming due up to the date of such termination. Bank shall be entitled to deduct any sum payable to it from any amounts Bank may have to remit to the user on termination of the Service. Bank reserves the right to interrupt, suspend or terminate, at any time, without specifying any reason, the access of the user to the Internet Banking Services and will make best efforts to give the user appropriate notice of the same without assigning any reason and without being liable for any loss/damage/cost of any nature whatsoever to the user.
Notices
Notices under these terms and conditions may be given by the Bank and the user in the following manner: Electronically to the mailbox of either party. Such notices will be regarded as being in writing or alternativelyDelivering them by hand or sending them by post to the user address as per our record and in case of Bank to the address mentioned below-
Internet Banking Department, Digital Banking Transformation Division, Punjab National Bank Head Office- Plot No. 4, Sector-10, Dwarka, New Delhi-110075
The Bank may display notices of general nature applicable to all users of Internet Banking Services on its website. Such notices will have the same effect as a notice served individually to each user. The usersare hereby advised that in the event they choose to send a notice electronically to the mailbox of the Bank, a true copy of the same notice shall also be delivered to the Bank's aforementioned address either by hand or by post. Notice and instructions will be deemed served 7 days after publication on website or upon receipt in the case of hand delivery.
Governing laws and Jurisdiction
These terms and conditions and / or operations in the accounts of the user maintained by the Bank and / or the use of services provided through Internet Banking Services, shall be governed by the laws of Republic of India. The user agrees to abide by prevailing laws in respect of Internet Banking Services applicable in Republic of India. Bank accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than Republic of India. The mere fact that Internet Banking Services can be accessed through Internet by a user from a country other than India shall not be interpreted to imply that the laws of the said country govern these terms and conditions and/or the operations in the accounts of the User through Internet and/or the use of Internet Banking Services. It is the responsibility of the user to comply with any regulations prevailing in the country from where he is accessing the Internet. The Parties hereby agree that any legal action or proceedings arising out of the Terms for Internet Banking shall be brought in the courts, tribunals or forums at New Delhi in India and irrevocably submit themselves to the jurisdiction of such courts, tribunals or forums.
Proprietary and Intellectual Property Rights
The copyright, trademarks, logos, slogans and service marks displayed on the Internet Banking website are registered and unregistered intellectual property rights of Bank or of respective intellectual property right owners. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property displayed on the website without the written permission of Bank or such third party that may own the intellectual property displayed on the website. The Bank neither warrants nor represents that the use of materials displayed on the website by the user will not infringe patent, copyright or any intellectual property rights or any other rights of third parties not owned by Bank. Bank grants the right to access the website to the user and use the Internet Banking Services in accordance with these Terms. The User acknowledges that the Services including, but not limited to, text, content, photographs, video, audio and/or graphics, are either the property of, or used with permission by, Bank and/or by the content providers and may be protected by applicable copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of India and other countries, and the applicable Terms and Conditions.The user should assume that everything it sees or reads on the website (collectively referred to as "content") is copyrighted/ protected by intellectual property laws unless otherwise provided and may not be used, except as provided in these Terms, without the prior written permission of Bank or the relevant copyright owner.
Any breach of the restrictions on use provided in these terms is expressly prohibited by law and may result in severe civil and criminal penalties. Bank shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary) over and above all other remedies available to it, to protect its interests therein. The user acknowledges that the software underlying the Internet Banking Services as well as other Internet related software which are required for accessing service are the legal property of the respective vendors. The permission given by Bank to access the Services shall not convey any patent, copyright and license, proprietary, trade secret or ownership rights or other intellectual property rights in the above software.The USER shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying Internet Banking Services or create any derivative product based on the software.
Force Majeure / Technical Difficulties
The user specifically agrees to hold Bank harmless from any and all claimsfor delay in performing or failure to perform any of its obligations under these Terms of Service (Terms & Conditions), and agrees that Bank shall not be liable for any loss, actual or perceived, caused directly or indirectly by government restriction, exchange or market regulation,lock-outs or other industrial action or trade disputes (whether involving the Bank’s employees or those of a third party), war, strike, virus attacks, denial of service attacks, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorised access, hacking, theft, phishing, or any problem, technological or otherwise or other conditions beyond Bank's control, that might prevent user from accessing/operating or Bank from executing/validating an instruction, order, direction. User further agrees that the it will not be compensated by Bank for "lost opportunity" in the form of notional profits/gains on orders, instructions, directions which could not be executed.
Links to Websites
This website may contain links to other websites operated by other third parties. Such links are provided for the convenience of the user only and Bank does not control or endorse such websites, and is not responsible for their contents. The use of such website is also subject to the terms of use and other terms and guidelines, if any, contained within each such website. The linked websites are not under the control of Bank and it is not responsible for the contentsand availability of any linked website or any link contained in a linked website, advertisements appearing in or Services offered by or any changes or updates to such websites.
Amendments and Modifications
The Bank has the absolute discretion to amend or supplement these Terms herein, by modifying or rescinding any of the existing provisions or conditions or by adding any new provision or condition, by posting notice of such amendment on the website for a limited period.Continued use of Internet banking Services after such notice will constitute acknowledgment and acceptance of such amendment.
Notices
Notices under these Terms of Service (Terms & Conditions) to the customer may be given through any medium of communication as may be deemed appropriate by the Bank i.e. Bank’s website or email, sms, public notification at Branches, or through newspapers, radio, TV etc. Such notices will have the same effect as a notice served individually to each customer.
Survival of Obligations
The obligations of the Parties under these Terms shall survive the termination of any Transaction and/or this Agreement.
Remedies Cumulative
Except as provided in these Terms, the rights, powers, remedies and privileges provided in these Terms are cumulative and not exclusive of any rights, powers, remedies and privileges provided by law.
No Waiver of Rights
A failure or delay in exercising any right, power or privilege in respect of these Terms will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
Severability
If any provision or condition of these Terms shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions of this Agreement shall not be affected thereby and these Terms shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.
Legality of the Terms
Bank's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Bank's right to comply with governmental, court and law enforcement requests or requirements relating to the use of this website by the user or information provided gathered by Bank in respect of such use.
General
These Terms contain Bank's entire arrangement (except as otherwise expressly provided herein) and supersede and replace any previously made proposals, representations, understandings and agreements, express or implied, either oral or in writing between the user and Bank for Internet Banking. The user acknowledges that it has not relied on any representation made by Bank or any of its employees or agents and has made its own independent assessment of Internet Banking. No third party will have any rights or claims under these Terms.
