1.
Definitions:
In this
document the following words and phrases have the meaning set opposite them
unless the context indicates otherwise:
Bank
refers to Baroda Gujarat Gramin Bank (BGGB), a banking company having its Head office at
Sky-Line Building, 2nd Floor, Near Shital Guest House, old N.H.No.8, Bharuch (Gujarat) including any branch / office thereof.
E-Banking is the Bank’s Internet Service, offering the various facilities to the
Retail User such as Accounts enquiry, Statement of account, Funds Transfer,
Utility Bills Payment, Stop payment, request for issuance of cheque book,
request for issuance of DD, other requests, etc., alerts, financial modelling
and other facilities as the bank may decide upon to provide from time to time.
User
refers to any individual user availing Internet banking facility of the Bank
and such user is identified as a Retail User.
Account
refers to the User’s Savings and / or Current Account and / or Time Deposit and
/ or Cash Credit,Kisan Credit Card, Overdraft, Loan Account and / or any other type of account as
available in the Bank to be covered under the e-banking facility.
Terms
refer to terms and conditions for use of e-banking as detailed in this
document.
2.
Applicability of terms:
These terms
form the contract between the User and the Bank. By applying for e-banking
of BGGB to access and utilize the various services so offered, the User
acknowledges and accepts these terms. These terms will be in addition and not
in derogation of the terms and conditions relating to any account of the User.
3. a)
Application for e-banking:
The Bank may
extend e-banking facility to selected customers at its discretion. The User
need to be a current legal Internet user or has access to the Internet and
knowledge of how the Internet works. The application form for e-banking
may either be downloaded and printed or the same can be received from any
branch of BGGB. The said form is to be filled up and duly signed by the
User and submitted either to Centralised E-Banking Division, Bharuch or any of
the BGGB branches. Upon receipt
of request in the bank’s prescribed application form for internet banking and
subject to the satisfaction of the eligibility criteria laid down by the Bank
from time to time, internet banking access shall be provided to the User by the
Bank. The User shall not attempt or permit others to attempt accessing the
account information stored in the bank’s computers through any means other than
e-banking. The User shall not attempt or permit others to attempt
accessing the account information stored in the bank’s computers which does not
relate to his/her account and / or for illegal and / or improper purposes
which, if done and proved to be so, will be liable for action under the
appropriate law and withdrawal of the e-banking facility.
b) Instructions:
Bank shall
provide all instructions for operating the e-banking facility to the
User. The user is also responsible for the accuracy and authenticity of the
instructions so provided to the Bank and the same shall be considered to be
sufficient to operate the internet banking facility. The Bank shall not be required to independently verify the
instructions and the instruction once given is effective unless countermanded
by further instructions. The Bank shall have no liability if it does not or is
unable to stop or prevent the implementation of the initial instructions. Where
the Bank considers the instructions to be inconsistent or contradictory, it may
seek clarification from the User or may act upon as it may think fit.
4.
Software:
The Bank will
advise from time to time the Internet software such as Browsers, which are
required for using e-banking. There will be no obligation on the Bank
to support all the versions of this Internet software. The User shall upgrade
his software, hardware and the operating systems at his own cost from time to
time and the Bank shall be under no obligation to support the software,
hardware, operating systems of the User and that the same shall be the sole
responsibility of the User.
5. Joint
Accounts:
E-banking facility can be availed
by the following persons for a Retail User:
1)
Individuals
2) Joint account holders with operating
instructions as Self, Either or survivor,
Anyone or survivors or survivor
clause
The user who
is desirous of availing the e-banking facility should authorise a single
signatory to act independently to operate the e-banking account
notwithstanding the fact that the joint accounts are operated on E or S /
Anyone or Survivors or survivor. The said e-banking user should submit
necessary authority duly signed by all accountholders, who in the normal
course, have to operate the accounts as per the operating instructions.
All
transactions arising from the use of e-banking in the above account shall be
binding on the account holders jointly and severally. The Bank, in no way,
shall be liable for any loss / damages whatsoever that may be incurred or
alleged to be incurred by the said account holders in such an event.
6.
Accounts in the names of minors:
In case of accounts opened
for and on behalf of minors, the natural guardian shall undertake
to give all instructions relating to the operation of the account and further
undertake not to reveal the User ID and Password to the minor, which if done
so, will be at the risk and consequences of the guardian and the Bank shall not
be liable for any loss on that account in case
the account is operated by the minor. In such an event the transaction
will be deemed to have been undertaken by the guardian.
7.
Security:
The Bank
shall take adequate and reasonable care to ensure the security of and prevent
unauthorised access to the e-banking service using 128 bit Secured
Socket Layer which is the highest level
of security available for the internet banking services.
8.
Password:
The user
accepts and unconditionally agrees to the following:-
i) Upon
approval of the account holder’s application, the customer will be allotted a
user Id and password to access the e-banking
facility.
ii) The user
id and password will be mailed separately by the Bank to the mailing address in
terms of the option exercised by the customer in the Application Form.
iii) The
password so mailed is not known to anyone including the Bank staff. In the
event of the mails containing user id and password reaches the customer in a
tampered / damaged condition, contact the Bank immediately.
iv) On accessing
e-banking for the first time, the user has to compulsorily change the
password assigned by the Bank through the relevant option. The user is at
liberty to change the password as many times as possible at his risk and
consequences. The user will be solely responsible for maintaining secrecy of
the password, so changed, and the Bank shall in no way be responsible for the
misuse of the said password by any person other than the authorised user.
v) The Bank
does not assume any responsibility in this behalf including against loss
incurred by the user as a result of misuse / unauthorised use of user Id /
password.
vi) In case
the user forgets the password, a new password may be obtained from the Bank
against a written request in the prescribed Bank’s format available on Internet
or from Bank’s branch. Such replacements shall not be construed / deemed as the
commencement of new contract. In such an event the Bank shall provide the new
password within a reasonable period of time. However, till such time no transactions
could be effected.
9. Charges:
The Bank reserves the right to charge and recover from the User
charges, if any fixed, for providing any service under e-banking facility.
The user hereby authorises the Bank to recover the service charges by debiting
one of the accounts of the user to make the payment within a specified period.
However, there are no charges levied to the customers for e-banking services at
present. Charges such as exchange on DD, commission on Bankers’ Cheque,
postages, courier charges, etc. be
borne by the customer.
10. Mailing Address:
All
correspondence / delivery of any instructions by the Bank or their
communication shall only be made at the normal postal address and / or e-mail
address as registered with the Bank. The Bank shall in no way be held
responsible for non-receipt of the same.
11.Cheque Book Issue:
The user can
request for issuance of a chequebook and the same will be mailed by the Bank to
the address given in the Request. The courier charges will be borne by the
customer.
12.Demand Draft/Bankers’ Cheque Request:
The user can
request for Demand Draft/Bankers’ Cheque and opt for mailing the DD / Bankers’
Cheque to the communication address of the customer or delivered to the
beneficiary’s address as given in request. The courier/postage charges,
exchange on DD and commission on Bankers’ Cheque will be borne by the customer.
13. Transaction Processing:
All the Fund
Transfers will be effected instantaneously in the account after invoking
Instant Funds Transfer.
All the
Scheduled Funds Transfer will be carried out on the scheduled dates subject
to availability of clear balance in
the account.
In case Funds
Transfers scheduled for effecting any transactions are received on weekly off /
holiday / public holidays, they shall be effected on the immediately succeeding
working day.
The user
shall not hold the Bank responsible for not processing/effecting any
transactions in case the Bank does not receive instruction to this effect even
though the customer has forwarded the same.
14.Funds Transfer:
The user shall not use or
attempt to use e-banking for funds transfer without sufficient funds in
his account or without a pre-existing
arrangement with the Bank by way of Cash Credit/overdraft. The Bank will
endeavour to effect such funds transfer transactions received through e-banking
provided there are sufficient funds available in the User’s account.
The Bank shall not be liable
for any omission to make funds transfer (s) due to circumstances beyond the
reasonable control of the Bank.
15.Bill Payments :
The user
shall maintain sufficient balance in his account for payment of bills on the
scheduled date. The Bank shall not be liable for non-payment due to
insufficient balance or circumstances beyond the reasonable control of the
Bank, including technical problems of connectivity, computer breakdown,
non-availability of communication links, etc.
The Bank
shall in no way be responsible for the non-payment of the User's bills within
the time stipulated and the User alone shall be bound to pay or discharge
interest, penalty or any such charges. Further, the Bank shall not be called
upon to indemnify the user. All disputes such as excess billing, disconnection
of service or facility, wrong credit or debit, shall be resolved by the User
only, and the Bank shall in no way be responsible for the same.
16.Authority to the Bank:
E-banking transactions in the User’s Account(s) are permitted only after
authentication of the User Id and transaction Password of the User. The User
grants express authority to the Bank for carrying out the banking transactions
performed by him through e-banking. The Bank shall have no obligation to
verify the authenticity of any transaction received from the User
through e-banking or purporting to have been sent by the User via
e-banking other than by means of verification of the User-Id and the
transaction password.
Illegal or
improper use of the e-banking facility shall render the user liable for payment
of financial charges as decided by the Bank or will result in the suspension of
the operations through e-banking.
The display
or printed output that is produced by the User at the time of operation
of e-banking is a record of the
operation of the Internet transactions.
17.Accuracy of Information:
The User
is responsible for the correctness of information provided to the Bank through
the use of e-banking or through any other means such as electronic mail
or written communication. The Bank accepts no liability for the consequence
arising out of erroneous information provided by the User. The user shall at
periodic intervals check the correctness of the statement and shall inform the
Bank about any discrepancies that may occur. However, Bank does not accept any
liability.
All outputs
of statements are duplicate statements of account and will be prepared by
electronic means and the information contained therein will be extracted from a
computerised back-up system maintained by the Bank. While the Bank will take
all reasonable steps to ensure the accuracy of the statement, the Bank is not
liable for any error. The User shall hold the bank harmless against any
loss, damages, etc. that may be incurred /suffered by the User if the
information contained in the above said outputs turns out to be inaccurate /
incorrect.
18.Liability of the User:
The User
alone shall be liable for any loss from unauthorised transactions in the e-banking
accounts if he has breached the terms or contributed or caused the loss by
negligent actions such as the following:
Keeping a
written or electronic record of e-banking password.
Disclosing or
failing to take all reasonable steps to prevent disclosure of the e-banking
password to anyone including any minor, Bank staff and/or failing to advise the
Bank of such disclosure within reasonable time.
Not advising
the Bank in a reasonable time about unauthorized access to or erroneous
transactions in the e-banking accounts.
The Bank
shall in no circumstances be held liable by the User if e-banking access
is not available in the desired manner for reasons including but not limited to
natural calamity, floods, fire and other natural disasters of any kind, legal
restraints, faults in the telecommunication network or Internet or network
failure, power breakdown or UPS breakdown, software or hardware failure and or
error or any other reason beyond the reasonable control of the Bank. The Bank
shall in no way be liable for any loss or damage that may occur due to hacking
of the account by any persons other than the user, which fits in the
definitions of a 'Cyber Related Crime' as accepted internationally. The Bank
shall under no circumstances be liable for any damages whatsoever whether such
damages are direct, indirect, incidental, consequential and irrespective of
whether any claim is based on loss of revenue, investment, production,
goodwill, profit, interruption of business or any other loss of any character
or nature whatsoever and whether sustained by the User or any other
person.
19.Indemnity:
The User shall indemnify and
hold the Bank harmless against all actions, claims, demands, proceedings,
losses, damages, costs, charges and expenses whatsoever which the Bank may at
any time incur, sustain, suffer or be put to as a consequence of or by reason
of arising out of providing e-banking facility or by reason of the Bank
in good faith taking or refusing to take or omitting to take action on any
instruction given by the User.
20. Disclosure of Personal Information:
The User
agrees that the Bank may hold and process his Personal Information on computer
or otherwise in connection with e-banking services as well as for
statistical analysis and credit scoring. The User also agrees that the Bank may
disclose, in strict confidence, to other institutions, such Personal Information
as may be reasonably necessary for reasons inclusive of, but not limited to,
the following:
·
participation
in any telecommunication or electronic clearing network
·
compliance with
a legal directive
·
credit rating
by recognized credit rating / scoring agencies
·
fraud
prevention purposes.
21.Bank’s Lien:
The Bank
shall have the right of set-off and lien, irrespective of any other lien or
charge, present as well as future on the deposits held in the User’s accounts
whether in single name or joint name(s), to the extent of all outstanding dues,
whatsoever, arising as a result of the e-banking service extended to
and/or used by the User.
22.Proprietory Rights:
The User
acknowledges that the software underlying the e-banking service as well
as other Internet related software which are required for accessing e-banking
are the legal property of the respective vendors. The permission given by the
Bank to access e-banking will not convey or confer any proprietory or
ownership rights in the above software. The user shall in no way try to alter /
tamper or experiment with the said program. Any breach on the part of the user
will be dealt under the appropriate law and user shall be liable for damages
that may be incurred by the Bank.
The User shall not attempt to
modify, translate, disassemble, decompile or reverse engineer the software
underlying e-banking or create any derivative product based on the software.
23.Change of Terms and Conditions:
The bank has
the absolute discretion to amend or supplement any of the Terms at any time
without prior notice to each user about the same. The changes so made will be
available on the website of the bank which the customers are requested to refer
to from time to time. Proposed and existing users to the services are advised
to confirm themselves about the terms and conditions contained therein to take
note of any changes, modifications and/or amendments which may be made to the
scheme from time to time by the Bank. The bank may introduce new services
within e-banking from time to time. The existence and availability of
the new functions will be displayed on the bank’s website along with the
revised/changed terms and conditions applicable to such other e-banking
services. By using the services, it is deemed that the User agrees to be bound
by the terms and conditions applicable.
24. Non-Transferability:
The grant of
facility of e-banking to a User is not transferable under any
circumstance and shall be used only by the User who will be responsible
for all the consequences thereof.
25.Cancellation / Termination of e-banking:
The User
may request for cancellation of the e-banking facility any time by
giving a reasonable notice to the Bank. The User will remain responsible
for any transactions made in his accounts through e-banking prior to the
time of such cancellation of the e-banking Service as informed by Bank
after accepting such request. The Bank may withdraw the e-banking facility
anytime provided the User is given reasonable notice. The closure of all
Accounts of the User will automatically terminate the e-banking
service. The Bank may suspend or terminate e-banking facilities without
prior notice if the User has committed breach of these terms and conditions or
the Bank learns of the death, bankruptcy or legal incapacity of the User.
26.Notices:
The Bank and
the User may give notices under these Terms and Conditions:
·
Electronically to the mailbox of either
party. Such notices will be regarded as being in writing.
·
In writing by delivering them by hand or by
sending them by post to the last address given by the User
In addition,
the Bank may also publish notices of general nature, which are applicable to
all Users of e-banking on its web site. Such notices will have
the same effect as a notice served individually to each User and or that
of a notice published in a newspaper of print media.
27.Governing Law:
The terms and
conditions and/or the operations in the accounts of the User maintained
by the Bank and/or the use of the services provided through e-banking
shall be governed by the appropriate laws as prevalent in India and no other
nation. The User and the Bank agree to submit to the exclusive
jurisdiction of the Courts located in Bharuch, India as regards any claims or
matter arising under these terms and conditions.
Any dispute
or difference arising between the User and the Bank shall be settled by mutual
consultation /discussion failing which, the same shall be referred to
Arbitration. The Arbitration proceedings shall be governed and conducted in
accordance with the Indian Arbitration and Conciliation Act, 1996 and that the
Arbitration proceedings shall take place in Bharuch.
The Bank
accepts no liability whatsoever, direct or indirect, for non-compliance or
breach of the laws of any country other than the Republic of India. The mere
fact that the e-banking Service can be accessed through Internet by a User
in a country other than India shall not be interpreted to imply that the laws
of the said country shall govern these terms and conditions and/or the
operations in the e-banking accounts of the User and/or the use
of e-banking. The user of the e-banking facility by a person from
any place other than India will not alter the situation and the said user shall
be deemed to have submitted himself to the laws of the Republic of India and
only the Indian courts shall have the jurisdiction.
28.General:
The clause headings
in this agreement are only for convenience and do not effect the meaning of the
relative clause. The User shall not assign this agreement to anybody
else.
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