Professional Documents
Culture Documents
CUSTOMERS MUST READ TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES. BY
USING THE SERVICES AND/ OR FACILITIES, CUSTOMERS SHALL BE DEEMED TO HAVE ACCEPTED
THE TERMS AND CONDITIONS AND SHALL BE BOUND BY ALL THESE TERMS AND CONDITONS.
This document lays down the Terms and Conditions which shall be applicable to all
the Services and / or accounts (TOS) for availing of banking services through
Internet as mentioned herein that are offered by IndusInd Bank Limited.
In this document the following words and phrases have the meaning set opposite them
unless the context indicates otherwise:
Bank refers to IndusInd Bank Limited, a banking company incorporated in India under
the Companies Act, 1956 and having its registered office at 2401 Gen. Thimmayya
Road (Cantonment), Pune � 411 001, Maharashtra, India and Corporate office at
701/801, Solitaire Corporate Park, 167, Guru Hargovindji Marg, Andheri (East),
Mumbai 4000 93 and including any branch / office thereof. The term includes the
successors and assigns of the IndusInd Bank Limited.
The words, I, me, my, Customer and User refer to the person(s) who open the account
and / or avail of the Services and / or facilities. It shall include both singular
and plural. Reference to masculine shall include the feminine and neuter gender.
These terms and conditions set out the rights and obligations of you, the User
and / or customer, and us, the Bank, in connection with your use of the Services
and/or Facilities.
If you are not a Resident Indian, you may access, use and avail of the
Services and / or Facilities only to the extent that the laws of India and those of
your country permit you to do so. Further, your use of the Service is based on the
understanding and agreement that by accessing and using the Services and / or
Facilities, you are not violating any of the local laws in India and/or your
country from where you are availing the facility and/or services. You agree that
you will be solely and absolutely liable for any liability incurred by you in this
regard and you will indemnify any other concerned third party or otherwise against
any liability incurred either by the bank and/ or any other third party in this
regard.
General:
The Bank is introducing the above services in a phased manner. While Phase-
I offers the following facilities, the facilities that are to be included in Phase-
II and subsequently Phases will be communicated at the appropriate time:
You expressly understand and agree that the Bank and / or any third service
provider and/ or its respective suppliers shall not be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any damages
whatsoever, including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses resulting from:
the use or performance of the service and / or facilities or the
inability to use or non performance of the services and / or facilities;
the provision of or failure to provide services and / or facilities
the cost of procurement of substitute goods and services and / or
resulting from any goods, data, information or services and / or facilities
purchased or obtained or messages received or transactions entered into through or
from the services and / or facilities;
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third party on the services and / or
facilities; or
any other matter relating to the services and / or facilities; whether
based on contract, tort, negligence, strict liability or otherwise, even if the
Bank and / or any third service provider and/ or its respective suppliers has been
advised of the possibility of damages.
To the extent possible, the disclaimers, limitations on liability and
indemnities available to the Bank and / or any third service provider and/ or its
respective suppliers under the TOS shall extend, mutatis mutandis, to the
affiliates and partners of the Bank and / or any third service provider and/ or its
respective suppliers and their respective directors, officers, employees, agents,
successors, assigns, involved in providing, delivering or managing the Service
and / or facilities (or any part thereof). However this clause shall not protect
the aforesaid affiliates / partners or extend to their obligations and liability to
the Bank and / or any third service provider and/ or its respective suppliers or
the Bank and / or any third service provider and/ or its respective suppliers '
claims against them.
If you are dissatisfied with any portion of the service, or with any of
these terms of use, your sole and exclusive remedy is to discontinue using the
service and its related web sites.
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 your
accounts whether in single name or joint name(s), to the extent of all outstanding
dues, whatsoever, arising as a result of the services and/ or facilities extended
to and/or used by you.
Proprietary and Intellectual Proprietary Rights:
You acknowledge that the software underlying the Services and / or
facilities as well as other Internet related software, which are required for
accessing services and /or facilities are the legal property of the Bank and /or of
the respective vendors who have developed and provided the software to the Bank for
providing these services and/ or facilities to you. The permission given by the
Bank to access services and /or facilities will not convey or confer any
proprietary or ownership rights in the above software. You shall in no way try to
alter / tamper or experiment with the said programme. Any breach on your part will
be dealt under the appropriate law and you shall be liable for damages that may be
incurred by the Bank.
You acknowledge and agree that the Services and / or facilities and any
necessary software used in connection with the Services and facilities ("Software")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Services and / or
facilities or the Software, in whole or in part. Any unauthorized commercial use of
the Services and /or facilities or the resale of its Services and /or facilities or
the copying or reproduction of the Software to any other server or location for
further reproduction or redistribution is expressly prohibited and may result in
severe civil and criminal penalties.
You further acknowledge that you will not (nor will you allow any third
party to) copy, modify, de-compile, translate, create a derivative work of, reverse
engineer, reverse assemble the Software or otherwise attempt to discover any source
code, including (without limitation) or create any derivative product based on the
software for the purpose of obtaining unauthorized access to the Services and /or
facilities. You agree not to access the Services and /or facilities by any means
other than through the interface that is provided by the Bank and / or any other
concerned third party service provider and / or its respective suppliers for use in
accessing the Services and /or facilities.
Disclosure of Personal Information:
You agree that the Bank or its contractors may hold and process his
Personal Information on computer or otherwise in connection with Services and / or
facilities as well as for statistical analysis and credit scoring. You also agree
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:
For participation in any telecommunication or electronic clearing
network
In compliance with a legal directive
For credit rating by recognized credit rating / scoring agencies
For fraud prevention purposes.
Non-Transferability:
The grant of services and / or facilities as offered herein and upon the
same being availed by you is your personal service and shall not be transferable
under any circumstance and shall be used only by you. On death of individual or
dissolution of the company, corporation, trust or firm or Association of Firms
shall ipso facto terminate the services and/ or facilities availed by you.
You agree to indemnify, defend and hold IndusInd Bank Ltd., its officers,
directors, employees, agents, shareholders, licensors, suppliers, business partners
and any third party information providers to the Site, Services or Materials from
and against all losses, expenses, damages and costs, including reasonable
attorneys� fees, resulting from your improper use of any Services or Materials, or
any violation of this Agreement by you. The provisions of this paragraph are for
the benefit of IndusInd Bank Ltd. and its officers, directors, employees, agents,
shareholders, licensors, suppliers, business partners and any third party
information providers to the Site, Services or Materials. Each of these individuals
or entities shall have the right to assert and enforce these provisions directly
against you on its own behalf.
Disclaimers
You expressly understand and agree that:
Your use of the Services and / or facilities is at your sole risk. The
service is provided on an "as is" and "as available" basis. The Bank and / or other
third party service provider and/or its respective suppliers expressly disclaim all
warranties of any kind whether express or implied including without limitation, any
representation or warranty for accuracy, continuity, uninterrupted access,
timeliness, sequence, quality, performance, merchantability, fitness for any
particular purpose, non-infringement or completeness. Specifically, The Bank and /
or other third party service provider and/or its respective suppliers disclaim any
and all warranties including, but not limited to any warranties concerning the
availability, accuracy, usefulness, correctness or completeness of information, and
any warranties of title, warranty of non-infringement, freedom from computer virus,
warranties of merchantability or fitness for a particular purpose, other than those
warranties which are incapable of exclusion, restriction or modification under the
laws applicable to the TOS.
The Bank and / or other third party service provider and/or its
respective suppliers do not warrant or make any representations regarding the use
or the results of the Services and / or facilities in terms of its compatibility,
correctness, accuracy, reliability or otherwise. You assume total responsibility
and risk for your access and use of the Services and / or facilities.
Any material downloaded or otherwise obtained through the use of the
Services and / or facilities is done at your own discretion and risk and that you
will be solely responsible for any damage to your computer system or loss of data
that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from
the Bank and / or other third party service provider and/or its respective
suppliers or through or from the service shall create any warranty not expressly
stated in the TOS.
Although the Bank and / or other third party service provider and/or
its respective suppliers adopt security measures it considers appropriate for the
offer of this Services and / or faclilities, it does not assure or guarantee that
no person will overcome or subvert the security measures and gain unauthorised
access to the Services and / or facilities or any Member Accounts. The Bank and /
or any third party service provider and / or its respective suppliers shall not be
responsible or liable if any unauthorised person hacks into or gains access to the
Services and / or facilities or to your accounts; and you shall be liable and
responsible for the same.
This disclaimer of liability applies also to any injury or damage
caused by any failure of performance, delay in processing or transmission, error,
omission, interruption, deletion, defect, computer virus, communication line
failure, unauthorized access to, alteration of, or use of record, whether for
breach of contract, negligence, or under any other cause of action.
The Bank and / or any third party service provider and / or its
respective suppliers shall not be responsible for unauthorized access to or
alteration of your transmissions or data, any material or data sent or received, or
not sent or not received, or any transactions entered into through the Services and
/ or facilities. You specifically agree that Bank and / or any third party service
provider and / or its respective suppliers is not responsible for any content,
data, information sent using and/or included in the Service by any third party.
Member Conduct
As a condition of your use of the Services and / or facilities, you warrant
to the Bank, any third party service provider and / or its respective suppliers
that you will not use the Services and / or facilities for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You agree to abide
by all applicable local, state, national and international laws and regulations and
are solely responsible for all acts or omissions that occur under your account or
password, including the content received and payments made through the Services and
/ or facilities. By way of example, and not as a limitation, you agree not to:
Create a false identity for the purpose of misleading others
Transmit or upload any material that contains viruses, trojan horses,
worms, time bombs, cancelbots, or any other harmful or deleterious programs.
Interfere with or disrupt networks connected to the Services and / or
facilities or violate the regulations, policies or procedures of such networks.
Attempt to gain unauthorized access to the Services and / or
facilities, other accounts, computer systems or networks connected to the Services
and / or facilities, through password mining or any other means.
Violate any applicable laws or regulations
Interfere with another member's use and enjoyment of the Services and /
or facilities or another individual's or entity's use and enjoyment of similar
Services and / or facilities.
The Bank, any third party service provider and / or its respective
suppliers have no obligation to monitor the Services and / or facilities or any
member's use thereof or retain the content of any member session. However, the
Bank, any third party service provider and / or its respective suppliers reserve
the right at all times to monitor, review, retain and/or disclose any information
as necessary to satisfy any applicable law, regulation, legal process or
governmental request.
Customer responsibilities
The bank shall not be held liable for transactions done using Indus
Pay:
If customer has acted negligently or fraudulently, he is liable for
all claims, losses and consequences arising from or in connection with use of the
Service
If customer let any other person use his password or have knowledge
of his welcome note, customer is liable for all claims, losses and consequences
arising from or in connection with all transactions made using the Service by or
with the consent of that person
If customer has contributed to an unauthorized transaction, he may
be liable for some or all of the losses resulting from the unauthorized
transaction. Ways the customer can contribute to an unauthorized transaction
include selecting an unsuitable password, keeping a written record of his password
and user ID, disclosing his Password or User ID to any other person, failing to
take reasonable steps to prevent disclosure of his Password or User ID to any other
person, failing to take reasonable steps to observe any of his security duties
referred to in these Terms and unreasonable delay in notifying the Bank of an
actual or possible disclosure to any other person of his Password or User ID.
The customer is not liable under these Terms for loss caused by
Negligent or fraudulent conduct by Bank�s employees or agents, or
parties involved in the provision of the Service;
System faults, including the systems used to provide the Service,
unless the faults are obvious or advised by a notice or message; unauthorized
transactions occurring before you have established a Password or Welcome note;
any other transactions where it is clear that customer could not
have contributed to the loss.
The customer is also not liable if the customer has promptly reported
to the Bank an actual or possible disclosure of customer�s Password or User ID by
the third party, AND the loss is occurring after reporting and noting by the Bank
save and except the customer have acted fraudulently or negligently.
Modifications of terms of service, member policies
The Bank and / or any third party service provider and / or their
respective suppliers reserve the right at any time and from time to time, at its
sole discretion, to modify or discontinue, temporarily or permanently, in part or
in whole, the Services and / or facilities, TOS or policies regarding the use of
the Service and / or facilities with or without notice. You agree that the Bank and
/ or any third party service provider and / or their respective suppliers shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of the Services and / or facilities. Your continued use of the
Services and / or facilities shall be deemed as an unconditional acceptance of
these changes.
The Bank has the absolute discretion to amend or supplement any of the
Terms hereof and pertaining to the Services and / or facilities at any time and
will endeavor to give prior notice of fifteen days for such changes wherever
feasible except for changes to interest rates and / or Fees and/ or charges and /or
other variations that are subject to market changes.
The bank may introduce new services from time to time. The existence and
availability of the new functions will be notified to you as and when they become
available.
The changed terms and conditions applicable to the new services shall be
communicated to you by publishing it on the Website of IndusInd Bank Ltd.. By using
these new services, you agree to be bound by the terms and conditions applicable at
the time of availing of services and/or facilities.
Termination:
You may request for termination of the Services and / or facilities at any
time by giving a written notice of at least 15 days to the Bank. You will remain
responsible for any transactions made in his accounts in terms of the Service and /
or facilities prior to the time of such cancellation of the said services and / or
facilities. The Bank may, without assigning any reasons, withdraw and / or suspend
the Service and / or facilities at any time provided you are given reasonable
notice under the circumstances. The closure of all your Accounts and the withdrawal
of the Services and / or facilities thereof shall automatically stand terminated.
Notwithstanding anything-contained hereinabove, the Bank reserves it right to
suspend or terminate or withdraw the Services and / or facilities either temporary
or permanent without prior notice.
Notices, Transaction Records And Electronic Disclosures
The Bank and you may give notices under these Terms and Conditions:
Electronically to the mailbox of either party. Such notices will be
regarded as sufficient notice and shall be binding on you.
In writing by delivering them by hand or by sending them by post to the
last address given by you and in the case of the Bank to the address mentioned
above.
In addition, the Bank may also publish notices of general nature, which are
applicable to you in respect of the Services and / or facilities offered to you
through its web site. Such notices will have the same effect as a notice served
individually to each User and / or Customer and or that of a notice published in a
newspaper of print media.
The Services and / or facilities may also provide notices of changes, to
either the TOS or other matters, by way of publication in newspapers or by
displaying notices or links to notices on the Services and facilities. All such
notices will have the same effect as a notice served individually to you. Notices
and instructions will be deemed served 7 days after posting or upon receipt in the
case of hand delivery, cable, telex, through internet or facsimile (fax).
The Bank or any third party service provider may be required to provide to
you certain disclosures and notices, which are mandated by various laws and rules
and transaction related notifications such as receipt of bill details, payment
advices, payment return advices etc. You acknowledge and agree to receive all such
disclosures and notifications electronically, which, in most cases, will be done
through the Internet. If, for any reason, you do not wish to receive the
disclosures electronically, you must advise the Bank or any third party service
provider immediately. In such an event, the Bank or any third party service
provider reserves the right to discontinue/terminate the provision of the Service
and / or facilities to you, in whole or in part.
You acknowledge that the read-out, faxed, email or printed output, if any,
that is generated at the time of operation of your account under the Services and /
or facilities is a record of the operation by you. The records of the Bank or any
third party service provider, generated by the transactions arising out of the use
of the Services and / or facilities, including the time the transaction is recorded
shall be conclusive proof of the genuineness and accuracy of the transaction.
You acknowledge that the Bank or any third party service provider shall
have no liability or obligation to keep a record of the transactions carried
through the Service and/or facilities to provide information to you or for
verifying your Payment Instructions, other than records required to be kept or
information required to be provided statutorily by the Bank or any third party
service provider.
You acknowledge that the Bank or any third party service provider does not
pre-screen the data presented by Biller(s)/Payees(s), but that the Bank or any
third party service provider shall have the right (but not the obligation) in its
sole discretion to refuse or curtail any content/data that is available via the
Services and / or facilities. Without limiting the foregoing, the Bank or any third
party service provider shall have the right to remove any content/data that
violates the TOS or is otherwise in violation of any contract entered into by the
Bank or any third party service provider. You agree that you must evaluate, and
bear all risks associated with, the use of any content/data, including any reliance
on the accuracy, completeness, or usefulness of such content/data.
Waiver:
The Bank�s and / or any �s third party service provider�s failure, delay or
omission to insist upon or enforce strict performance of any provision of these
Terms of Use pertaining to the services and facilities offered herein shall not be
construed as a waiver of any provision or right.
The general provisions of the Terms of Service shall be read with the other
terms and conditions which are specially applicable to the Services and / or
facilities offered herein to you to the extent of both being consistent with each
other. In the event of any inconsistency between the general provisions and the
special provisions hereto, the special provisions in respect of the Services and /
or facilities offered herein shall prevail.
Force Majeure
If at any time, during the continuance of the Services and / or facilities,
the performance in whole or in part, of any obligation under it shall be prevented
or delayed by reason of disconnection or non availability of internet connectivity
for any reasons whatsoever or war, hostility, act of the public enemy, civil
commotion, sabotage, fire, flood, explosion, epidemic, quarantine restriction,
strikes, lockout or Change of Laws and Rules and Regulations of Government and/or
Regulatory Authorities or Act of God etc. you will not have any claim for damages
against the Bank in respect of such non-performance or delay in performance of the
Services and facilities.
You hereby declare that you have read these terms and conditions completely
and that you unconditionally agree to abide by these terms and conditions.
The use of this service shall mean that you has read, understood and
accepted these Terms and Conditions.
Governing Law:
The terms and conditions and/or the operations in your accounts maintained
by the Bank and/or the appropriate laws of the Republic of India and no other
nation shall govern the use of the services and / or facilities provided through
website of IndusInd Bank Limited. The Bank and you agree to submit to the exclusive
jurisdiction of the Courts located in Mumbai, India as regards any claims or matter
arising under these terms and conditions as pertaining to the services and / or
facilities.
Any dispute or difference arising between the Bank and you shall be settled
by mutual consultation /discussion failing which the same shall be referred to the
Sole Arbitrator appointed by the Bank. The Arbitration proceedings shall be
governed and conducted in accordance with the Indian Arbitration and Conciliation
Act, 1998 and that the Arbitration proceedings shall take place in Mumbai. The
arbitration proceeding shall be held in English. The Arbitration Award shall be
binding upon you.
TERMS AND CONDITIONS APPLICABLE TO SPECIFIC SERVICE OR FACILITY
VANILLA NET BANKING (INDUS NET)
IndusNet is the Bank�s Internet Service, offering the following
facilities / services to the User:
Balance enquiry, statement of account, request for issue of
chequebook, request for issue of draft, request for issue statement, notification
of stop payment, notification of lost/stolen card, notification of address change,
view personal account information, funds transfer from the customers one account to
another account and funds transfer from any of the eligible account of customer to
the credit in the account of any other person and other facilities/ services as the
bank may decide to provide from time to time.
User and / or Customer refers to any person who has an account with
the Bank and who has been authorized by the Bank to avail of IndusNet.
Account means and refers to the User�s Savings and / or Current
Account and / or Fixed Deposit and / or Cash Credit Account and / or any other type
of account so designated by the Bank to be covered under the IndusNet facility.
Terms refer to terms and conditions for use of IndusNet as detailed
in this document as well as general terms and conditions which are published on the
website of Bank for use of IndusNet facility
Applicability of terms:
These terms form the contract between the Bank and you. By applying for
IndusNet and accessing the facilities and / or services, you acknowledge and accept
these Terms. These terms will be in addition and not in derogation of the terms and
conditions relating to any of your accounts.
A) Application for IndusNet:
The Bank may extend IndusNet facility to select customers at its
discretion. You would need to be a current legal Internet User or have access to
the Internet and knowledge of how the Internet works. The registration form for
IndusNet may be filled and submitted at any of the bank�s branches. Upon receipt of
request in the bank�s prescribed form and subject to the satisfaction of the
eligibility criteria notified by the bank, from time to time, the bank at its
discretion shall provide access. You shall not attempt or permit others to attempt
accessing the account information stored in the bank�s computers through any means
other than IndusNet. You shall not attempt or permit others to attempt accessing
the account information stored in the banK�s computers which does not relate to his
or its account and / or for illegal and improper purposes which, if done and proved
so, will be liable for action under the appropriate law and withdrawal of the
facility enjoyed.
B) Instructions:
All instructions for operating the IndusNet facility shall be given to
you by Internet in the manner indicated by the Bank. You are 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 IndusNet facility. The
Bank shall not be required to independently verify the instructions and the
instruction once given is effective unless countermanded by further instructions,
within a short span of time. 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 you or may act upon any instructions as it may think fit.
Authority to the Bank:
IndusNet transactions in your Account(s) are permitted only after
authentication of the Login ID and Password/s as applicable to the respective
accounts. You (along with the joint account holder, if any) grants express
authority to the Bank for carrying out the banking transactions performed by him
through IndusNet. The Bank shall have no obligation to verify the authenticity of
any transaction received from you through IndusNet or purporting to have been sent
by you via IndusNet other than by means of verification of the Login Id and the
password/s. Illegal or improper use of the IndusNet facility shall render you
liable for payment of financial charges as decided by the Bank or will result in
the suspension of the operations through IndusNet.
In case of you making a request for issuance of Draft, then the bank
shall issue the draft in the name of beneficiary mentioned therein and shall
dispatch the draft at the mailing address given by you. The User shall in no way
hold the Bank responsible for any delay or non-receipt of the same. The User shall
bear the courier charges and other service charges levied by the bank.
Cheque Book Issue:
You can request for an issue of a chequebook and the chequebook will be
mailed to the address as on the Bank�s records. The courier charges will be borne
by you as per schedule of charges decided by the Bank.
Transaction Processing (As and when introduced by the Bank):
All the requests for instantaneous financial transactions will be given
effect promptly.
All the requests for others like issue of Drafts, opening of Fixed
Deposit account, etc. will be carried out at the end of the day on first-in-first-
out basis subject to availability of clear balance in the account authorized for
debit. In case requests for effecting any transactions are received on weekly off /
holiday / public holidays, they shall be effected on the immediately succeeding
working day on the terms and conditions prevailing on that day.
You 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 you have forwarded the same.
Issue of Demand Drafts:
Demand Draft will be issued on the locations where the Bank either has
a branch or has an arrangement with its correspondent bank at that location. The
bank shall issue the draft in the name of beneficiary mentioned therein and shall
dispatch the draft at the mailing address given by you. You shall in no way hold
the Bank responsible for any delay or non-receipt of the same. You shall bear the
courier charges and other service charges levied by the bank.
Funds Transfer:
You shall not use or attempt to use IndusNet for funds transfer without
sufficient funds in the relative account or without a pre-existing arrangement with
the Bank for the grant of an overdraft. The Bank will endeavor to effect such funds
transfer transactions received through IndusNet provided there are sufficient funds
available in your account. The funds transfer shall be allowed from your account to
any other account belonging to you and / or any other customer of the Bank. Funds
transfer in the account of third person shall only be allowed for credit of the
funds in the third party and not for transferring the funds from the account of
third party to you. 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.
Stop Payment Request:
The bank will take all effective steps to implement your instructions
for IndusNet stop payment of instrument immediately. The bank will communicate to
the base branch for effective implementation of the instructions given by you. The
Bank or its Officers, however, will not be responsible if any payment takes place
takes place till such confirmation is received and noted by the base branch.
Notification of Lost or Stolen ATM Card:
Service to be activated by ATM channel and not effected online.
Confirmation from ATM channel would be communicated once received. Bank will not be
responsible for any payment made after lodging the request till confirmed by the
ATM Channel. All the terms and conditions of the Agreement of ATM facility will
also be applicable for IndusNet customers.
BILL DESK
The bank thorugh the service provider IndiaIdeas.com Limited shall provide
the services of Bill Desk to the eligible customers on following terms and
conditions.
DEFINITIONS
IndiaIdeas refers to IndiaIdeas.com Limited, a company incorporated
under the Indian Companies Act 1956 having its registered office at E-510, Crystal
Plaza, New Link Road, Andheri (W), Mumbai-400 053, and includes its successors and
assigns. IndiaIdeas owns and manages the website www.billdesk.com and is offering
the service and / or facility in the capacity of being a third party service
provider..
Bill Desk Service (or 'the Service') refers to the Bill Presentment and
Payment Service and other services that may be offered from time to time by
IndiaIdeas for use with the BillDesk account member name (each feature individually
and collectively referred to as the "Service").
Payment Date refers to the date the Biller/Payee actually receive the
payment of the bill after due processing of the Payment Instruction set up by a
Member. Pay On Date or Scheduled Date refers to the date for which the Member has
scheduled the Payment Instruction(s) and also represents the last date before which
the Member can choose to cancel/modify his/her Payment Instruction(s).
Your Registration Obligations
In consideration of your use of the Service, you agree to:
provide true, accurate, current and complete information about
yourself ("Registration Data"), your Payment accounts and Payment Instruction(s)
("Payment Data"), your Biller & Payee details ("Authentication Data") and
maintain and promptly update the Registration Data, Payment Data
and Authentication Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete, or
IndiaIdeas has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, IndiaIdeas has the right to suspend or
terminate your account and refuse any and all current or future use of the Service
(or any portion thereof).
Member Account, Password, And Security
To open an account, you must complete the registration process by
providing us with your Registration Data, including your choice of password, an
account name and a secret question & answer ("Secret Key", to be used by you in
case you forget your password). You are responsible for maintaining the
confidentiality of the Registration Data, Payment Data and Authentication Data, and
are fully responsible and liable for all activities that occur under your password
or account or Secret Key. You agree to
immediately notify BillDesk of any unauthorized use of your
password or account or Secret Key or any other breach of security, and
ensure that you exit from your account at the end of each session.
Any transaction or activity pursuant to use of your account or password shall be
deemed to be your transaction or activity and IndiaIdeas shall have no obligation
to verify the authenticity of any such transaction or activity. IndiaIdeas does not
assume any responsibility and cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section.
If you forget your password, you can use the Secret Key to request for
a new password. On BillDesk being satisfied of your identity (which satisfaction
shall be entirely at the discretion of BillDesk), BillDesk shall communicate a new
password to you at the e-mail address registered by you with BillDesk. You shall be
responsible for continuing to maintain this e-mail address. BillDesk shall not be
liable if it declines to furnish the password by reason of it not being satisfied
as to your identity.
For your security reasons you have to change this new password as soon
as it is received by you, and until then this password shall be deemed to be your
password and you will be responsible and liable for all transactions pursuant
thereto. Upon generation of the new password, BillDesk shall discontinue the use of
the old password. However, you shall be responsible and liable for all transactions
that are carried out by the use of the old password, till the time of
discontinuation of the old password.
For payments where the ECS mechanism is not used, the Payment
Instruction(s) shall be processed in the manner as may be indicated by IndiaIdeas
from time to time.
If you wish to terminate your account, you may request for termination
of the BillDesk service any time by submitting a request to IndiaIdeas or at
support@billbesk.com. You agree that you shall remain responsible for all Payment
Instruction(s) submitted prior to the termination date.
General Information
The section titles in this agreement are for only for convenience
and do not affect the meaning of the relative clause.
IndiaIdeas may sub-contract and employ agents to carry out any of
its obligations under this contract. IndiaIdeas may transfer or assign its rights
and obligations under this contract to any other entity.
The Service would operate during timings specified by the
IndiaIdeas. Any Payment Instruction(s) received after the specified time on any day
shall be deemed to have been received on the next Business Day.
The Service is governed by the guidelines issued by the RBI from
time to time.
A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
INDUS PAY
Services Offered
The Bank shall provide you subject to these Terms and Conditions,
Services and facilities, for transacting on their accounts through specific
websites.
You use these Services and facilities to give instructions to the
Bank and communicate with the bank for the purpose of conducting banking business
and other transaction and dealings of various natures.
The Bank maintains the web-site www.IndusInd.com (the site) to
provide you with information about the Services and facilities and products of the
Bank, and to facilitate communication with the Bank.
The Bank may impose maximum / minimum limits per transaction as
well as total value in a day that may be transferred through this mechanism. This
is a risk containment measure and you will strictly comply this condition.
Not all the products and Services and facilities are available in
all geographic locations, the Bank reserves the right to determine the eligibility
for any product or service.
The bank may require you to nominate or record specific account(s)
for the purpose of the Services and facilities.
The Bank reserves the right to change and vary, from time to time,
the terms, conditions and notices applicable to the use of the Site and reserves
the right to modify any features of any products or Services and facilities offered
by Bank on the site and any information found on the site, without limitation to �
On selection of this service it is deemed that you shall abide by
all the terms and conditions with regards to the terms of use.
If any of these terms contradict any other applicable terms, these
terms (with respect to your using this service) shall override to the extent that
there is a contradiction.
Your Responsibilities
The bank shall not be held liable for transactions done using Indus
Pay.
If you has acted negligently or fraudulently, you will be liable
for all claims, losses and consequences arising from or in connection with use of
the Service.
If you let any other person use your password or have knowledge of
your welcome note, you is liable for all claims, losses and consequences arising
from or in connection with all transactions made using the Service by or with the
consent of that person
If you has contributed to an unauthorized transaction, you may be
liable for some or all of the losses resulting from the unauthorized transaction.
Ways you can contribute to an unauthorized transaction include selecting an
unsuitable password, keeping a written record of your password and user ID,
disclosing your Password or User ID to any other person, failing to take reasonable
steps to prevent disclosure of your Password or User ID to any other person,
failing to take reasonable steps to observe any of your security duties referred to
in these Terms and unreasonable delay in notifying the Bank of an actual or
possible disclosure to any other person of your Password or User ID.
You is not liable under these Terms for loss caused by
Negligent or fraudulent conduct by Bank�s employees or agents,
or parties involved in the provision of the Service;
System faults, including the systems used to provide the
Service, unless the faults are obvious or advised by a notice or message;
unauthorized transactions occurring before you have established a Password or
Welcome note;
any other transactions where it is clear that you could not
have contributed to the loss.
You will also not liable if you has promptly reported to the Bank
an actual or possible disclosure of you�s Password or User ID by the third party,
AND the loss is occurring after reporting and noting by the Bank save and except
you have acted fraudulently or negligently.
MUTUAL FUNDS
You shall be provided with the data and / or the latest status of your
investments in the mutual funds by way of publication of the same on the website.
This will be provided only by way of information.Nothing contained herein shall
constitute or be deemed to constitute an advise, an offer to sell/purchase or as an
invitation or solicitation to do so for any securities of any entity. The Bank
and/or its Affiliates make no representation as to the accuracy, completeness or
reliability of any information contained herein or otherwise provided and hereby
disclaim any liability with regard to the same.
The information contained herein may not be altered in any way, transmitted
to, copied or distributed, in part or in whole, to any other person or to the media
or reproduced in any form, without prior written consent of the Bank or the
relevant owner of the intellectual property, as the case may be. The Bank or its
officers, employees, personnel, directors may be associated in a commercial,
professional or personal capacity or may have a commercial interest including as
proprietary traders in or with the securities and/or companies or issues or matters
as contained in this publication and such commercial capacity or interest whether
or not differing with or conflicting with this publication, shall not make or
render the Bank liable in any manner whatsoever and the Bank or any of its
officers, employees, personnel, directors shall not be liable for any loss, damage,
liability whatsoever for any direct or indirect loss arising from the use or access
of any information that may be displayed on the website from time to time.
You should exercise due care and caution in respect of the information as
displayed herein on the website (including if necessary, obtaining of advise of
tax/ legal/ accounting/financial/ other professionals) prior to taking of any
decision, acting or omitting to act, on the basis of the information contained
herein.
The Bank does not accept any responsibility for any errors whether caused
by negligence or otherwise or for any loss or damage incurred by anyone in reliance
on anything set out on the website. The information in this web site reflects the
existing status of the investments made as of this date, all of which are expressed
without any responsibility on our part and are subject to change in future. The
Bank has relied upon and assumed, without independent verification, the accuracy
and completeness of all information which was provided to or which was otherwise
reviewed by the Bank, in course of collation of the information. No reliance may be
placed for any purpose whatsoever on the information published on the website or on
its completeness. The information set out herein may be subject to updating,
completion, revision, verification and amendment depending upon market conditions
and such information may change materially in such case.
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