Transcription

Internet BankingTerms & Conditions

Terms and Conditions for Internet Banking ServicesI.Definitions“Applicable Law” means any and all applicable laws, bye-laws, rules,regulations, circulars, notifications, ordinances, protocols, codes, guidelines,policies, notices, directions, orders, decrees or judgments of courts or otherrequirements of any governmental authority in any relevant and appropriatejurisdiction of India.“Bank” shall mean Fincare Small Finance Bank Limited, a companyincorporated under the Companies Act, 2013, having its registered office 301306, Abhijeet-V, Opp Mayor Bungalow ,Law Garden Road, MithakhaliAhmedabad-380006 and Corporate office at 5th Floor, Bren Mercury,Kaikondanahalli, Sarjapur Main Road, Bengaluru - 560035“Bank Website” shall mean www.fincarebank.com“Beneficiary / Payee” shall mean any person or entity to which you can requestthe Bank to make a payment from your account through Internet BankingServices."Confidential Information" refers to information obtained by the User, throughthe Bank, for availing of Internet Banking Services.“Corporate” shall mean any Firm/Company/Institution/Merchant collectingpayment from the User.“Current Account” means any current account maintained with the bank,which are opened in the name of an individual or a sole proprietorship.“Internet Banking Service” shall mean access to account information,products and other services through the website of the Bank.“Minor” shall mean a person who has not completed the age of eighteenyears.“Payment Gateway Facility” shall mean the payment mechanism facilitatedby the Bank, through Internet Banking Services, to the User for the purchase ofgoods/services from Corporate.Terms and Conditions for Internet Banking Services1

“Personal Information” means the information provided by the User to the Bankand/or obtained by the Bank through the User availing Internet BankingServices.“Savings Account” means any savings account maintained with the bank,excluding those accounts which are opened in the name minors, eitherindividually or jointly.“User” refers to any person who has an account with the Bank and who hasbeen authorised by the Bank to avail Internet Banking Services provided bythe Bank, including the person who uses these services for making anypayment to the Corporate for the services or goods availed.“User ID” shall mean the Customer ID which has a unique identification numbergiven by the Bank to every customer holding a Savings/Current Account in theBank.II.Applicability of the termsThe Terms and Conditions appearing hereinafter form the contract betweenthe User and the Bank. By applying for Internet Banking Service, the Useracknowledges and accepts these Terms and Conditions. These Terms andConditions will be in addition and not in derogation to the Terms andConditions relating to any account held by the User in the Bank. The Terms andConditions may be modified by the Bank from time to time without any noticeor consent of the User and the User can view the Terms and Conditions on theBank Website.III.Application for Internet Banking ServicesInternet Banking Services will be available to the Users who have a Savingsand/or Current account with the Bank. The User shall have knowledge aboutusage of Internet and have legal and valid access to the Internet. Theinformation provided by the User through the Internet Banking Services isupdated at regular intervals and hence will pertain to the date and time whenit was last updated by the User. The Bank shall not be liable for any loss that theUser may suffer by relying on or acting on such information. The Bank may keeprecords of the transactions in any form, which shall be evidence of thetransaction made by the User with the Bank in connection with the InternetBanking Services, unless proved to be wrong. The User agrees not to object toTerms and Conditions for Internet Banking Services2

the admission of the records as evidence in any legal proceedings. The Bankmay, at any point of time restrict Internet Banking Services to certain Users atits discretion. An existing customer of the Bank who is not registered for InternetBanking Services may fill up the application form for Internet Banking Serivcesand submit it at any branch of the Bank. Upon receipt of the application formand subject to the satisfaction of the eligibility criteria notified by the Bank,from time to time, the Bank shall authorize such customer to access InternetBanking Services. The User shall not attempt or permit others to attempt accessthe account information stored in the Bank's computers through any meansother than the Internet Banking Services. Further, the User shall not attempt orpermit others to attempt an access to the account information stored in theBank’s computers which does not relate to his/ her/ their/ its account and/ orfor illegal and improper purposes.Internet Banking Services will not be available for those accounts which areclassified as ‘Dormant’ or ‘Inoperative’ accounts, and also for those accountswherein total or partial freeze of transaction are implemented.IV.Internet Banking ServicesThe Bank shall endeavour to provide to the User services such as inquiry aboutthe balance in his/ her/ their/ its account(s), details about transactions,statement of account, request for issue of cheque-books, request for transferof funds between accounts of the same User and other accounts and suchother facilities as the Bank may decide to provide from time to time. InternetBanking Service shall be offered in a phased manner at the absolute discretionof the Bank and the Bank at its sole discretion may make additions/deletionsto the Internet Banking Services being offered without giving any prior noticesor reasons to the User. The availability/ non-availability of a particular serviceshall be advised on the website of the Bank. The distinct Customer ID providedto each User by the Bank should be used by the User as his/ her/ their/ its Userlogin ID, however, the User shall have to create a distinctive and uniquepassword conforming to the password specifications as may be advised bythe Bank, to avail the Internet Banking Services and the Bank may, in additionto User login ID and password, at its discretion, advice the User to adopt anyother means of authentication including but not limited to smart cards, OneTime SMS password and/or digital certification issued by Bank, licensed orapproved Certifying Authorities or vendors for certain specific transactions andservices offered by the Bank as part of Internet Banking Services.Terms and Conditions for Internet Banking Services3

V.PasswordThe User accepts and unconditionally agrees that upon approval of theapplication for Internet Banking Services, the User will use the distinct CustomerID provided by the Bank to each User, as User login ID and create a distinctiveand unique password conforming to the password specifications advised bythe Bank to access the Internet Banking Services.The User shall refer the guidelines and follow the process defined/uploaded onthe Bank Website to create the password for Internet Banking Services. The Userexpressly undertakes that it shall be solely responsible for any loss incurred bythe User as a result of misuse/ unauthorised use of User login ID and/orpassword and the Bank shall not be responsible for any such loss whatsoever.In the event the User forgets the password, a new password may be createdby referring to the guidelines and following the process defined/uploaded onthe Bank Website.In the event the User enters an incorrect password 03 (Three) timesconsecutively, the Bank shall block the Internet Banking Services for next 24hours and the User will be able to access the Internet Banking Services with thesame password or new password created by the User after the said 24 hoursonly. However, if the User wishes to unblock the Internet Banking Services withinthat 24 hours, the User may approach the Bank (through the branch or phonebanking or e-mail) and get the Internet Banking Services unblocked byfollowing the procedure as may be advised by the Bank.VI.Security AnswersThe User understands and agrees that the Bank, at its discretion, mayadopt/implement Security Questions/Answers as an additional/mandatorymode of authentication for access to Internet Banking services. The Useraccepts and unconditionally agrees that the User sets answers to securityquestions for enhanced security of Internet Banking The User is at liberty tochange the security questions/answers as many number of times at his/ her/their/ its own risk and consequences in the Internet Banking.Terms and Conditions for Internet Banking Services4

The User will be solely responsible for maintaining secrecy of the securityquestions and answers, so changed, and the Bank shall in no way beresponsible for the misuse of the said security questions and/ or answers by anyperson/s other than the authorized User. The User undertakes that securityquestions and answers shall not be disclosed to third parties and shall not savehis/ her/ their/ its login password and security answer in a recognizable form.The User shall be liable for all claims, losses and consequences arising from orin connection with all transactions made by such third party if the securityquestions and answers are disclosed by the User to such third party in any form.The User expressly agrees that the Bank shall not be responsible in this behalfincluding loss incurred by the User as a result of misuse/ unauthorized use ofthese details.VII.SoftwareThe Bank will advise from time to time the software such as browsers, which arerequired for availing the Internet Banking Service. There will be no obligationon the Bank to support all the versions of the softwares. The User shall upgradehis/ her/ their/ its softwares, hardwares and the operating systems at his/ her/their/ its cost from time to time and the Bank shall be under no obligation tosupport the softwares, hardwares, operating systems of the User.VIII.Joint AccountThe Internet Banking Service will be available in case of joint accounts only ifthe mode of operation is indicated as ‘either or survivor’ or ‘anyone or survivor’,or ‘former or survivor’ or ‘later or survivor. The Customer ID issued by the Bankagainst such Joint accounts shall only be used by the authorized User to accessInternet Banking Services.The other joint account holders shall expressly agree with the arrangement andgive their consent to the same. All correspondence will be addressed to themailing address. All transactions arising from the use of Internet BankingServices in the joint accounts shall be binding on all the joint account holders,jointly and severally. The Bank shall in no way be liable for any loss/ damagewhatsoever that may be incurred or alleged to be incurred by the other jointholder in such an event.Terms and Conditions for Internet Banking Services5

IX.MinorFor accounts where Minor is the sole operator and/or for joint accounts withMinor as one of the account holders, are not eligible for Internet BankingServices.X.SecurityThe Bank shall take reasonable care to ensure the security of and preventunauthorised access to the Internet Banking Services using technologyreasonably available to the Bank.XI.FeesAt present the Bank does not charge any fee for the use of Internet BankingServices. The Bank reserves the right to charge fees in relation to the use of theInternet Banking Services. The Bank shall give written intimation in line with theextant Applicable Laws, to the Users with regard to change in the fees, if any,from time to time before they become effective, which shall be binding on theUser. Such revisions/ changes to the Fee shall also be published by the Bank onits website from time to time. Fees may be collected from the User in suchmanner and at such intervals as the Bank may specify from time to time ontheir website or through separate correspondence in this regard. The Userhereby authorises the Bank to recover the fee by debiting one of the accountsof the User. Failure in recovery of the fee by the Bank on account of insufficientbalance in the account of the User or in a manner deemed fit by the Bankalong with interest, if any, will result in withdrawal of Internet Banking Serviceswithout any liability to the Bank.XII.Maintenance of sufficient balanceThe User shall ensure that there are sufficient funds (or pre-arranged creditfacilities) in his/ her/ their/ its account for transactions through the InternetBanking Services and the Bank shall not be liable for any consequences arisingout of its failure to carry out the instructions due to inadequacy of funds and/orcredit facilities provided always that the Bank shall at its sole discretion, carryout the instructions notwithstanding such inadequacy without seeking anyprior approval from or notice to the User and the User shall be responsible torepay with interest the resulting overdraft, advance or credit thereby createdand all related costs and charges related thereto. The Bank may, at itsTerms and Conditions for Internet Banking Services6

discretion, levy penal charges for non-maintenance of the minimum balancein the account. The Bank may withdraw the Internet Banking Services for theUser, if at any time the account holder does not maintain the requiredminimum balance and or if the penal charges, if any remain unpaid, withoutgiving any further notice to the User and/ or without incurring any liability orresponsibility whatsoever by reason of such withdrawal.XIII.Fund TransferThe User may use the funds transfer service to transfer funds from User’saccount to any third parties’ account in the Bank and/ or at any other bank,which falls under the network of Reserve Bank of India's Electronic Fund Transfersystem.The User shall not use or attempt to use the Internet Banking Services to transferfunds without sufficient funds in the account or without a pre-existingarrangement with the Bank for the grant of an overdraft. The Bank willendeavour to effect such funds transfer transactions received through InternetBanking Services provided there are sufficient funds available in the accountand the Bank shall not be liable for any omission to make all or any of thepayments or, for late payments due to circumstances beyond the reasonablecontrol of the Bank.The User accepts that for initiating an inter-bank and/or intra-bank fundtransfer, the Bank shall define a specific cooling period for newly addedBeneficiary/Payee; with a cap/limit on money transfer for a period defined bythe Bank. The User agrees and understands that modifying either the coolingperiod and/or cap/limit shall be at the sole discretion of the Bank. The Useragrees that transactions effected by the User using the Internet BankingServices are non-retractable as these are instantaneous/ real time. The Bankdoes not accept any ‘stop payment’ instructions as there is very little scope for thebank to act on stop-payment instructions and it shall not be held responsible or liablefor effecting any transaction.The User accepts that he/ she/ they/ it will be responsible for filling the correctaccount number for the fund transfer request. In no case, the Bank will be heldresponsible or liable for any erroneous transactions incurred arising out of orrelating to the User entering incorrect account numbers. The Bank willendeavour to effect funds transfer transaction received through InternetTerms and Conditions for Internet Banking Services7

Banking Services subject to availability of sufficient funds in the account. TheBank shall specify from time to time the limit for carrying out various kinds offunds transfer or any other services through Internet Banking Services. The saidfacility will be provided in accordance with the conditions specified by theBank from time to time. The Bank shall not be liable for any omission to makeall or any of the payments or for late payments due to circumstances beyondits reasonable control including non-confirmation of payee registration.XIV.Authority to the BankThe User (along with the joint account holder, if any) irrevocably/unconditionally and expressly authorises to the Bank to carry out the bankingtransactions performed by him/ her/ them/ it through Internet Banking Servicesprovided by the Bank. The Bank shall have no obligation to verify theauthenticity of any transaction received from the User through InternetBanking Services or purporting to have been sent by the User via InternetBanking Services other than by means of verification of User login ID and thepassword. Illegal or improper use of Internet Banking Services shall render theUser liable for payment of charges as may be decided by the Bank or will resultin the suspension Internet Banking Services for the User.The display or printed output that is produced by the User at the time ofoperation of InternetBanking Services is a record of the operation of the User and shall not beconstrued as the Bank’s record. The Bank's own record of transactionsmaintained through computer systems or otherwise shall be accepted asconclusive and binding for all purposes unless any discrepancy is pointed outwithin 48 hours from the date of access of his/ her/ their/ its account by theUser or from the date of sending the periodical statement to the User,whichever is earlier.XV.InstructionsAll instructions for operating the Internet Banking Services shall be given by theUser through internet in the manner as may be indicated by the Bank. The Usershall be solely responsible for the accuracy and authenticity of the instructionsso provided to the Bank and the same shall be considered to be sufficient tooperate the Internet Banking Services. The Bank shall not independently verifythe instructions and the instruction once given by the User shall be consideredTerms and Conditions for Internet Banking Services8

effective unless countermanded by further instructions from the User. The Bankshall not be responsible and shall have no liability if it does not or is unable tostop or prevent the implementation of the initial instructions. Where the Bankconsiders the instructions to be inconsistent or contradictory, it may seekclarification from the User or may act upon any instructions as it may think fit.XVI.Accuracy of informationThe User is responsible for the correctness of information provided to the Bankfor use of the Internet Banking Services while using any facility of InternetBanking Service or through any other means such as electronic mail or writtencommunication. The Bank accepts no liability for the consequences arising outof erroneous information supplied by the User. TheUser shall at periodic intervals check the correctness of the statement and shallnotify theBank about any discrepancies that may occur. If the User notices an error inthe information supplied to the Bank either in the application form or any othercommunication, he shall immediately advise the Bank which will endeavour tocorrect the error wherever possible on a "reasonable efforts" basis.All outputs of statements are duplicate statements of account and will beprepared by electronic means and the information contained therein will beextracted from a computerized backup system maintained by the Bank. Whilethe Bank will take all reasonable steps to ensure the accuracy of thestatement, the Bank is not liable for any error and the User shall hold the Bankharmless against any loss, damages, etc. that may be incurred / suffered bythe User if the information contained in the above said outputs turns out to beinaccurate/ incorrect.XVII.Liability of the UserThe User shall be solely responsible and liable for:a) any loss arising out of unauthorized transactions while availing theInternet Banking Services;b) breach of the Terms and Conditions;c) contributing or causing the loss by negligent actions of the User;Terms and Conditions for Internet Banking Services9

d) Disclosing or failing to take all reasonable steps to prevent disclosure ofthe User login ID and password to relatives, third party/ies including anyminor, Bank staff and/ or failing to inform the Bank of such disclosurewithin reasonable time; ande) Failure to inform the Bank within a reasonable time about unauthorizedaccess to or erroneous transactions in the account of the User.XVIII.Liability of the BankFincare Small Finance Bank shall not be liable for any unauthorizedtransactions occurring through the Internet Banking and the user hereby fullyindemnifies and holds Fincare Small Finance Bank harmless against any action,suit, proceeding initiated against it or any loss, cost or damage incurred by itas a result thereof. Fincare Small Finance Bank shall under no circumstance beheld liable to the user if the Internet Banking is not available in the desiredmanner for reasons including but not limited to natural calamities, legalrestraints, faults in the telecommunication network or network failure, or anyother reason beyond the control of Fincare Small Finance Bank. Under nocircumstances shall Fincare Small Finance Bank be liable for any damageswhatsoever whether such damages are direct, indirect, incidentalconsequential and irrespective of whether any claim is based on loss ofrevenue, interruption of business or any loss of any character or naturewhatsoever and whether sustained by the user or by any other person. Illegalor improper use of the Internet Banking shall render the user liable for paymentof financial charges as decided by Fincare Small Finance Bank or will result insuspension of the operations through the Internet Banking.Notwithstanding anything contained in the terms, due to the nature of InternetBanking, Fincare Small Finance Bank shall not be responsible for any loss ordamage to the User's data, software, computer, telecommunication or otherequipment caused by using the Internet Banking.a) The Bank will in no way be held responsible or liable for delay, failureand/ or untimely delivery of SMS notification and/ or SMS Alerts includingbut not limited to network congestions, network failure, systems failure orany others reasons beyond the reasonable control of the Bank or itsauthorised service provider(s).b) Bank shall not be responsible, in any way, for the quality ormerchantability of any product/merchandise or any of the services, ofwhatsoever nature, offered to the User by the Corporate. Any disputesTerms and Conditions for Internet Banking Services10

regarding the same or the delivery of the product/merchandise/Serviceor otherwise will be settled between Corporate and the User and Bankshall not be a party to any such dispute. Any request for refund by theUser on any grounds whatsoever should be initiated by the User directlywith the Corporate and the User shall not make any refund requestdirectly to the Bank.c) Bank takes no responsibility in respect of the services provided by theCorporate and User shall not be entitled to make any claim against theBank for deficiency in the services provided by the Corporate for whichthe User has made payment through the Payment Gateway Facility.d) Bank does not guarantee or warrant the accuracy or completeness ofthe information, materials, services or the reliability of any service,advice, opinion, statement or other information displayed or distributedon the Corporate’s website/ mobile application. User shall access Bank’swebsite/mobile application solely for purposes of payment for thepurchase of goods/services and acknowledges that availing of anygoods/services offered on the website/mobile application of theCorporate or any reliance on any opinion, advice, statement,memorandum, or information available on the website/mobileapplication of Corporate shall be at sole risk of the User. Bank and itsaffiliates, subsidiaries, employees, officers, directors and agents,expressly disclaim any liability for any deficiency in the services offeredby Corporate whose website/mobile application User is about toaccess. Neither Bank nor any of its affiliates nor their directors, officersand employees will be liable to or have any responsibility of any kind forany loss that User incurs in the event of any deficiency in the services ofCorporate to whom the website/mobile application belongs, failure ordisruption of the website/mobile application of Corporate, or resultingfrom the act or omission of any other party involved in making thiswebsite/mobile application website/mobile of the Corporate or thedata contained therein available to User, or from any other causerelating to User access to, inability to access, or use of thewebsite/mobile application website/mobile of the Corporate or thesematerials.a) The Bank does not warrant that access to the Internet Banking Servicesprovided by the Bank will be uninterrupted, timely, or secure. However,Terms and Conditions for Internet Banking Services11

to the extent possible, advance notifications will be provided in bank’swebsite and/or Internet Banking portal for any scheduled downtime ofInternet Banking Service. The Bank will not be liable for anyvirus/malware that may enter the User's system as a result of the Userusing Internet Banking Services provided by the Bank.b) The Bank shall not be liable to the User for any error or delay in, oromission of (a) any such data, information or message or instructionswhich may arise , or (b) the transmission or delivery of any such data,information or message or instructions; or any loss or damage arisingfrom or occasioned by (i) any such error, delay or omission, (ii) nonperformance, or (iii) interruption in any such data, information ormessage or instructions to the Corporate with regard to the PaymentGateway Facility, under any circumstances beyond the control of theBank.c) User agrees that the Bank is at liberty to withdraw at any-time thePayment Gateway Facility, or any services provided thereunder, inrespect of any or all the account(s) without assigning any reasonwhatsoever, without giving the User any notice.d) The Bank shall endeavour to provide the Internet Banking Service withthe given technology. The User agrees that he/she/they/it shall not holdthe Bank or Bank’s strategic partner(s) liable for incidents of systemfailure or incompatibility or non-availability of any particular feature inBank’s system.e) Notwithstanding anything contained herein, where Bank has reason tobelieve that any transaction or marking of liens, have been fraudulentlymade (hereinafter referred to as a “suspect transaction”), the Bank shallbe entitled to withhold payment pertaining to such suspect transactionin accordance with regulatory laws relating to Money Laundering orotherwise. If Bank determines after due enquiry and investigation thatthe transaction is a valid transaction and not a suspect transaction, theBank shall release such withheld payment subsequently.XIX.IndemnityThe User shall indemnify and hold the Bank harmless against all actions, claims,demands, proceedings, losses, damages, costs, charges and expensesTerms and Conditions for Internet Banking Services12

whatsoever which the Bank may at any time incur, sustain, suffer or be put toas a consequence of or by reason of or arising out of (i) usage of InternetBanking Service by the User in violation of the Terms and Conditions and theApplicable Law; (ii) the Bank, in good faith, taking or refusing to take oromitting to take action on any instruction given by the User; and (iii) illegal/improper use of the Internet Banking Services.XX.Disclosure of Personal InformationThe User agrees that the Bank or its authorised service providers may hold andprocess his/ her/ their/ its Personal Information on computer or otherwise, inconnection with the Internet Banking Services as well as for statistical analysisand credit scoring. The User also agrees that the Bank may disclose, in strictconfidence, to other institutions, such Personal Information as may bereasonably 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; andFor prevention of fraud or under an obligation for any reason to regulatorybodies, government agencies, law enforcement bodies, courts,executors/administrators or legal representatives of the User.The Bank shall endeavor to take all measures to keep confidential andmaintain secrecy of the Personal Information of its Users. However, the Bankshall not be held liable for any damages whatsoever caused on account ofbreach of confidentiality obligations due to reasons beyond the control of theBank.XXI.Proprietary RightsThe User acknowledges that the software/s underlying the Internet Banking aswell as related software/s, which are required for accessing Internet BankingServices is the property of the Bank or third-party licensors. The permission givenby the Bank to the Users to access Internet Banking Services does not conveyor confer any proprietary or ownership rights in the software/s used forproviding Internet Banking Services. The User shall not attempt to modify,translate, disassemble, decompile or reverse engineer the software underlyingthe Internet Banking Services or create any derivative product based on suchTerms and Conditions for Internet Banking Services13

software/s. Any breach on the part of the User will be dealt under appropriatelaw and User shall be liable for damages that may be incurred by the Bankand or the vendors.XXII.Right to set off and LienBank shall have the right to set off and lien, irrespective of any other lien orcharge, present as well as future, on the account(s) held by User(s) or in anyother account, whether held by the User in Sole Account or Joint Account inthe Bank, to the extent all outstanding dues, whatsoever arising from the useof Internet Banking Services extended to and/or used by the User.XXIII.AmendmentsThe Bank may r

consecutively, the Bank shall block the Internet Banking Services for next 24 hours and the User will be able to access the Internet Banking Services with the same password or new password created by the User after the said 24 hours only. However, if the User wishes to unbl