Terms and conditions governing Internet Banking Service (www.onlinecub.net) of City Union Bank Ltd.,
1 CUB shall extend and the ONLINECUB Customers shall avail of Net Banking facilities on the terms and conditions contained hereinafter. Provided that CUB shall be entitled to withdraw the Net Banking Facility entirely or particularly to the ONLINECUB Customers at any time without assigning any reasons whatsoever. The ONLINECUB Customers acknowledges that CUB shall also be entitled to convert the Net Banking Facility into a paid facility at any time at such rates as CUB may determine from time to time.
2.1 "USER" shall mean and include an ONLINECUB Customer and collectively an ONLINECUB Customers together with the authorised person or persons of such ONLINECUB Customer.
2.2 "ACCOUNT" refers to the Savings Accounts, Current Account and or any other type of account so designated by CUB to be eligible account(s) for access by ONLINECUB Customers through the use of Net Banking Facilities and where such facility is availed of, for carrying out online banking transaction and other Online Services,
2.3 "AUTHORISED person of Onlinecub Customers" means one or more persons duly authorized by the User to use the Net Banking Facilities of ONLINECUB to View and operate the Onlinecub Customer?s bank account.
2.4 "Billing Companies" or "Merchants" means a company, organization or entity that offers products or services and requests a payment for the same; such entity may sometimes also electronically present a Bill, statement or invoice towards such product/services;
2.5 "Billing Information" means the information from a Billing Company that provides a BillPay Subscriber with the basic detail to understand the amount owed to the Billing Company. It may or may not include specific billing event information or invoice level detail;
2.6 "Commencement Date" means in respect of an Online Service shall refer to the date on which that particular Online Service has commenced.
2.7 "Commercially Reasonable Timeframe" means a period of time as prescribed by the respective biller.
2.8 "CUB" or "BANK" means City Union Bank Limited, having its registered office at 149, T. R Big Street, Kumbakonam 612001, Tamil Nadu, India and carrying on business through its various branches in India.
2.9 "CUSTOMER" means any person or persons, sole proprietary concerns, partnership firm, Association of Persons, Trust, Company, or any other legal entity/juristic person having any type of banking account with any one or more branches of CUB, including accounts in a Trading Style, and in the name of more than one person.
2.10 "ONLINECUB CUSTOMERS" or "USER" means a Customer who has opted for, has been given access to and is duly authorised to use the Net Banking Facilities of ONLINECUB, interalia for carrying out banking transactions and availing of available Online Services .
2.11 "DIGITAL SIGNATURE", like a paper signature, is an authentication mechanism, an electronic signature consisting of transformation of an electronic record using an electronic method (asymmetric crypto system and hash function). It means authentication of any electronic data and record by a subscriber by means of that method and can accurately determine whether the transformation was created using the private key that corresponds to the signer?s public key; and, whether the initial electronic record has been altered since the transformation was made. A message bearing a Digital Signature verified by the public key listed in the valid certificate is as valid, effective and enforeceable as if the message had been written on paper. That message can provide the same level of security and legal recognition.
2.12 "EBPP/BiIlPay Services" (or BilIPay) means the Bill Presentment and/or Payment Services that enables an Onlinecub Customer to know Billing Information and/or contains a mechanism that enables the Onlinecub Customer to pay the bill;
2.13 "EBPP/BilIPay Subscriber(s)" means the Onlinecub Customers who has sought EBPP/BillPay services from the Bank and has authorized the Bank to access all or part of their information from the Billing Companies;
2.14 "INTERNET BANKING SERVICE I NET BANKING FACILITY" means Internet Banking Service provided by CUB in the ordinary course of business to Onlinecub Customers including viewing or, viewing and conducting banking transaction through the CUB?s Internet Portal/Website and using any other Online Services that may be introduced from time to time by CUB.
2.15 "MASTER MERCHANT" shall mean merchants offering Products and Services through "Online Stores" on their own or their Sub-merchant?s websites and who have been approved by CUB from time to time for offering such products and services to its Onlinecub Customers
2.16 "ONLINECUB" is the trade name of the CUB?s Internet Banking Service to be operated through the Internet.
2.17 "ONLINE SERVICES" shall mean services such as BilIPay facility, E-commerce and other such online services that may be offered from time to time by CUB to its Onlinecub Customers.
2.18 "ONLINE STORE" shall mean the web-sites of the Master Merchant?s appointed Sub Merchant?s Websites displaying the particulars of the Products/Services for sale.
2.19 PASSWORDS: "LOGIN PASSWORD" shall mean the password required to login to ONLINECUB and "TRANSACTION PASSWORD" shall mean the password required to make any online transactions on ONLINECUB.
2.20 "PRIVATE KEY" means a key of key pair used to create a digital signature.
2.21 "PUBLIC KEY" means a key of key pair used to verify a digital signature.
2.22 "TERMS" refer to Terms and Conditions for use of Net Banking service as specified in this document. These TERMS form the contract between the Onlinecub Customers and the Bank. By applying for and accessing the service, the Onlinecub Customers irrevocably acknowledges and accepts these TERMS. These TERMS will be in addition to and not in derogation of the terms and conditions relating to any account of the customer.
2.23 "PRODUCTS/SERVICES" shall mean (a) goods and/or services offered for sale by approved Master Merchants and their Sub Merchants to Onlinecub Customer.
2.24 "SECURE ELECTRONIC RECORD": Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification.
2.25 "Sub-Merchants" shall mean merchants appointed from time to time by the Master Merchant.
3. NET BANKING FACILITY:
3.1 The minimum requirement for an Onlinecub Customer availing of Net Banking Facility are
3.1.1 A legal and valid access to the Internet.
3.1.2 Software such as Browsers, Operating Systems as may be notified by CUB from time to time, installed on the computer(s) accessing the ONLINECUB
3.1.3 CUB will advise USERS from time to time about the software such as Browsers, Operating System, which are required for accessing ONLINECUB. There will be no obligation on the Bank to support all the versions of recommended Internet software (Browsers and Pixels).
3.2 Net Banking Facility is based on Customer ID (BP ID)/Corporate ID, login password and transaction passwords and not on the mandates given for manual operation of the accounts through Bank Branches. All the Bank Accounts Linked to the Customer ID will be reflected on ONLINECUB. Separate registration is required for accounts maintained at different branches or if the Customer has Different Customer IDs, such as in the case of customers operating bank accounts in different capacities.
3.3 USER ID and passwords: Onlinecub Customers will be allotted user-id and secret login password for viewing bank account details through Net Banking. ONLINECUB Customers opting for net based transaction and each of the Authorised person of such Onlinecub Customers would be allotted a set of secret log-in passwords and Transaction Password by CUB in the first instance. On first ?login? after receiving the new password(s) USER shall change both the login and transaction passwords of own choice so as to ensure confidentiality. In the event of failure to change the passwords on first login, CUB shall not be responsible for any loss or damage arising on account of misuse of the same. As a safety measure, USER shall change the password as frequently thereafter as possible. In addition to user-id and passwords, CUB may, at its discretion, require USER to adopt such other means of authentication including but not limited to digital certification and or smart cards, in which event USER shall be allowed access to ONLINECUB only after adopting such other means of authentication. USER shall not attempt or permit others to attempt accessing the Account information stored in the computers/servers of CUB through any means other than by logging in through Net Banking.
3.4 Forgotten Password: There is no way to retrieve either the login Password or transaction Password from the ONLINECUB website. In case USER forgets the Password(s), or gets locked out after five times of incorrect attempts, or up to such number of times as may be fixed by the Bank from time to time, then the USER may request to use Instant Password or Forgot password or to approach the branch where the USER maintains Bank Account for re-setting and issuance new passwords. Such Password may be issued within such time as may be intimated by the BANK from time to time. On first logging in after receiving the new password(s) USER shall change both the login and transaction passwords of own choice so as to ensure confidentiality. The selection of a new password and or the replacement of User-ID shall not be construed as the commencement of a new contract. In the event of such USER failing to change the passwords on first login, CUB shall not be responsible for any loss or damage arising on account of misuse of the same.
3.5 Obligation to maintain secrecy of passwords:
3.5.1 USER acknowledges, represents and warrants that the IDs and passwords issued to USER provides access to USER?S Bank Account(s), that USER is the sole and exclusive owner and only persons authorised to use the ID and passwords assigned/selected by such USER and accepts the sole responsibility for use, confidentiality and protection of the password, as well as for all orders and information changes (i.e., change of address) entered into Accounts using such ID and password.
3.5.2 USER grants express authority to CUB for giving effect to transactions and instructions authenticated by such IDs and passwords as per mandate mentioned in Clause 9 USER unconditionally undertakes to choose Login password of such number of letters/digits as may be notified by the Bank from time to time and ensure that the same is kept confidential; and not to allow any unauthorised person to have access to the internet while the USER is accessing ONLINECUB.
3.5.3 USER agrees and acknowledges that the BANK shall in no way be held responsible or liable if the USER incurs any loss as a result of information being disclosed by the BANK regarding his Account(s) or carrying out the instruction of the USER given through Net Banking. USER hereby fully indemnifies and undertakes to keep indemnified and hold harmless the BANK and its affiliates for any damages arising there from. USER shall maintain secrecy of all information of confidential nature and shall ensure that the same is not disclosed to any person voluntarily, accidentally or by mistake. USER shall comply with such guidelines, instructions or terms as the BANK may prescribe from time to time with respect to the password.
3.6 In the case of Joint/Partnership/Corporate Accounts/accounts of other Juristic persons, USER shall Choose passwords which shall be at least 8 characters long and consisting of a mix of alphabets, numbers and special characters. USER expressly warrants that the USER?s password will not relate in any way to any readily accessible personal data such as the USER?s name, address, telephone number, driver license etc. or easily guessable combination of letters and numbers. USER shall undertakes not to record the User-ID and password in a written or electronic form but commit them to memory and Keep the User-ID and password totally confidential and not reveal the same to other USER, to any third party or even to the employees of the Bank. USERS undertake not to let any unauthorised person have access to his/her computer or leave the computer unattended whilst accessing ONLINECUB. USER shall take all care so that the USER?s Login ID and passwords are not used by any other person. And user has to instructed to keep their computer virus /Trojan Free and instructed to update their virus programme frequently.
3.7 The information displayed, including balance and transaction details of bank accounts on the ONLINECUB website assessed through Net Banking Facility is not necessarily in real time but updated periodically. Consequently, any information displayed to the user through Net Banking will pertain to the date and time when last updated. The Bank shall not be liable for any loss that the user may suffer by relying upon or acting on such information.
3.8 ONLINECUB Customer have the option to choose their preferred Login ID instead of the ID originally assigned by the Bank. The choosing of the Login ID is a one-time option only. ONLINECUB Customer will not be able to change the Login ID thereafter. The choosing of Login ID by the ONLINECUB Customer is subject to availability of the Login ID . If a Login ID desired has already been chosen by any other customer, the ONLINECUB Customer will have to choose some other Login ID. No ONLINECUB Customer shall have a right to claim a particular Login ID , if already chosen by some other USER.
3.9 ONLINECUB service cannot be claimed as a right. The Bank may also convert the Service into a discretionary service anytime, if so warranted, after it has been made available to the USER.
3.10 CUB may keep its records of the transactions in any form it wishes. In the event of any dispute, the CUB?s records shall be binding as the conclusive evidence of the transactions carried out through Net Banking in the absence of clear proof that the Bank?s records are erroneous or incomplete.
3.11 Any request for any service, which is offered as a part of ONLINECUB shall be binding on the USER as and when CUB receives such a request. If any request for a service is such that it cannot be given effect to unless it is followed up by requisite documentation on part of the ONLINECUB Customer, the Bank shall not be required to act on the request until it receives such documentation from the ONLINECUB Customers.
3.12 USER shall ensure that Net Banking or any related service is not used for any purpose which is illegal, improper, in contravention of any law for the time being in force or which is not authorised under these Terms.
3.13 USER shall not, and shall not attempt to decompile, reverse-engineer, copy, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with or damage, or gain access to, the Services or the Web Site or any software comprised or provided in them, otherwise than as provided for in this agreement.
3.14 The ONLINECUB Customers agrees to pay the scale of charges to CUB for providing the Services in such manner and at such intervals as the Bank may specify from time to time. The Bank may vary the charges and the frequency and dates of payment after giving the ONLINECUB Customers reasonable notice.
3.16 USER for own interest, agrees to maintain a soft copy of the transactions and Bank will collect Customer system details,Browser properties and IP address thereof for future reference.
3.17 ONLINECUB Customer acknowledges and agrees that the Net Banking Facilities offered by the Bank is only an optional service and cannot be demand as a right.
4. SERVICES OFFERED:
The Online Services offered by CUB to the ONLINECUB Customer are -
4.1 Account Summary (Enquiry about the balance in bank account(s),
4.2 Transaction Details.( Statement of Account)
4.3 Pending Out Station Cheques Sent for Collection.
4.4 Pending Out Station Bills Purchased Details.
4.5 Inward Bills Received for the Customer Accounts.
4.6 Inward Clearing Details. and for
ONLINECUB Customer who have opted for net based transactions, the additional services are -
4.7 CITY UNION BANK InstaPay Online Payment Service
4.8 EPC/BillPay Services.
4.10 Fund Transfer with in cub or to any bank
4.11 Such other facilities as the Bank may decide to provide from time to time.
These facilities shall be offered at the discretion of the Bank. CUB may also make additions or deletions to the services offered through at its sole discretion. The availability or non-availability of a particular service shall be advised through e-mail, Web page of the Bank or written communication. CUB shall take reasonable care to ensure the security of and prevent unauthorised access to the SERVICE using technology reasonably available to the Bank. USER shall not use or permit to be used any related service for any illegal or improper purposes.
In case of Joint Accounts, transactions through Internet Banking, shall be available if the mode of operation is indicated as 'either or survivor' or 'anyone or survivor'. The user desirous of using the Internet Banking should either be the Account holder and sole signatory or authorised to act independently in case of a joint account. For such joint accounts, one user-ID and password for Internet Banking will be issued. The other joint account holders shall expressly agree with the arrangement and give their consent on the application form for use of Internet Banking. In case of joint accounts operated by more than one user, CITY UNION BANK shall act on the instruction received first and any subsequent instruction shall be neglected. All correspondence will be addressed to the first named person only. All transactions arising from the use of Internet Banking in the joint account shall be binding on all the joint account holders, jointly and severally. In case any of the joint account holder(s) gives "stop payment instructions in respect of operations through the use of OnLineCUB Service in writing, on any of the accounts held jointly by them, the SERVICE will be discontinued for the USER.
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.
5. E-SHOPPING, E-COMMERCE, BILLPAY AND RESPONSIBILITY OF USER:
5.1 USER undertakes and agrees to use at own risk and option, the Net Banking Facilities offered by the Bank for making payment for purchase of goods and services offered by various Master Merchants and Sub-Merchants through their websites under various schemes like Bilidesk, Online Store, e-shopping etc.
5.2 USER understands and agrees that when purchasing Goods and Services from Merchants through e-shopping and making payment through the Net Banking Services provided by CUB, CUB?s responsibility is restricted to debiting the customer account and making payment to the Merchant Account.
5.3 USER agrees that under no circumstances, CUB shall be held responsible for the quality or performance or merchantability of any products sold or services offered to USER by various Master Merchants or Sub-Merchants through their websites. Any disputes regarding quality, merchantability, non-delivery and delay in delivery of the products/services or otherwise will be dealt with, by and between Master Merchant/Sub-Merchants and the USER directly and the Bank shall not be a party to such dispute.
5.4 USER understands that, the Bank as a part of Net Banking facility to its customers facilitates payments for bills under electronic BiIIPay service offered by various billing companies, either directly or through services providers contracted by CUB. USER may choose those services at USER?s own risk and volition. USER understands and acknowledges that the Billing information as provided by BillPay Services is not generated by CUB. USER undertakes and accepts that under no circumstances will CUB be held responsible for the timeliness, sequence, accuracy, completeness, reliability or content of the billing information provided by various billing companies. Any such disputes regarding timeliness, sequence, accuracy, completeness, reliability-or content of the billing information or otherwise will be dealt with by and between Billing Companies and USER directly and the Bank shall not be a party to such dispute.
5.5 In no event will CUB be liable for any direct, indirect, special, punitive, consequential or incidental damages, or damages for the loss of use, profits or other intangibles or the cost of procurement of substitute services whether based on breach of contract, tort (including negligence), under statute, in equity, at law or otherwise, whether or not the Party has been advised of the possibility of such damage.
6. FUNDS TRANSFER THROUGH INTERNET BANKING:
USER accepts responsibility for keying in the correct account number for the fund transfer request. In no case, will CUB be liable for any erroneous transactions arising out of or relating to the USER entering wrong account numbers. Further, CUB shall not be liable if the USER wrongly keys the Beneficiary Account Number while adding. USER shall check the Name of the Beneficiary while adding. USER acknowledges that there is No validation done for Beneficiary address with ONLINECUB. For Security and secrecy, ONLINECUB will not validate the Beneficiary Address mentioned by the user and the user alone shall be held liable for adding the beneficiary.
6.1 If USER has given Standing Instruction for debits, USER shall maintain sufficient Balance on the due date for carrying out such Standing Instruction, as other wise Standing Instruction will not be carried out. CUB will not be liable for carrying out the said Standing Instruction. Bank will not be responsible for failure of standing instruction due to any technical problem.
6.2 In Overdraft Account the Amount allowed to be transferred will be upto the sanctioned Overdraft Limit. In Cash Credit Account the amount allowed to transfer will be up to the Limit or up to ?the Drawing power. Drawing power is calculated on the basis of the Stock statement furnished by the customer on Monthly basis.
6.3 USER shall not use or attempt to use the Net Banking for funds transfer without sufficient funds in their Account or without a pre-existing arrangement with the Bank for the grant of an overdraft. CUB will endeavor to effect funds transfer transaction received through Net Banking subject to availability of sufficient funds in the Account and Confirmation of Beneficiary Registration by the USER.
6.4 CUB shall be entitled to specify from time to time the limit for carrying out various kinds of funds transfer or any other services through Net Banking.
6.5 CUB shall not be liable for any omission to make all or any of the payments or for late payments due to circumstances beyond its reasonable control including non-confirmation of Beneficiary Registration. CUB reserves the right to charge the USER for the use of funds transfer through Funds Transfer facility between their accounts or to the Beneficiary accounts.
6.6 If funds transfer facility is made available to the USER, it may be used for transfer of funds from ONLINECUB customer?s Account to other accounts belonging to third parties maintained at the Bank and/or at any other Bank (as maybe specified from time to time). In the event such transfer of funds is to accounts belonging to third parties maintained at any other Bank, which falls under the network of Reserve Bank of India?s National Electronic Fund Transfer system, then the same shall be governed by the terms and conditions applicable to National Electronic Funds Transfer (*NEFT *) of the Reserve Bank of India as provided on the Website. In the event such transfer of funds is to accounts belonging to third parties maintained at any other Bank, which falls under the network of Reserve Bank of India?s RTGS/CFMS/CFTS, then the same shall be governed by the terms and conditions applicable to the respective rules of the Reserve Bank of India as provided on the Website.
7. UNAUTHORISED ACCESS:
7.1 USER shall take all necessary precautions to prevent unauthorized and illegal use of Net Banking and unauthorized access to the Bank Accounts through Net Banking. If the Bank account is to be operated jointly by more than one person, it shall be the sole responsibility of the USER to ensure that each of the USERS jointly authorised to access and operate the Net Banking facility does so by using the unique passwords assigned to/chosen by such person and that such person or persons do not reveal or make available such unique passwords to any other person, including to the other joint account holder/USER so as to circumvent the joint operation of the account(s).
7.2 USER shall be liable for any loss from unauthorised transactions in the ONLINECUB Customer?s accounts if such unauthorized transactions has occurred on account of any breach by USER or if USER contributed or caused the loss by negligent actions.
7.3 CUB shall take all commercially reasonable care to, ensure the security of and to prevent unauthorised access to Net Banking using commercially reasonable technology available in India.
8. The Parties hereto have agreed that their respective rights and obligations with regard to their business relationship between them interse will be interpreted, acted upon and governed solely in accordance with the terms and conditions of this Agreement.
9. JOINT STOCK COMPANY OR PARTNERSHIP OR TRUST ACCOUNTS:
9.1 In case of accounts of Companies/Trust or other juristic entity, (hereinafter referred to as "Corporate Accounts) for transactions through Net Banking, ONLINECUB Customer shall intimate to the bank the names of persons authorized to operate the Net Banking facility jointly or in combination with more than one person, along with the financial limit, if any, within which each such authorized persons and/or all of them shall ?collectively operate duly supported by resolutions of Board of Directors/Trust/Governing Body etc as the case may be to the satisfaction of the Bank. Any intimation of change of instruction to the Bank should be supported by resolutions of Board of Directors/Trust/Governing Body etc as the case may be. Any instruction for change in such instruction shall take a minimum of days to come into effect. For operation of Net Banking of such accounts, user-ID will be provided along with separate login password and transaction Password for each such authorized person of the ONLINECUB Customer.
9.2 In case of joint accounts of Individuals/HUF/Partnership Firms, (hereinafter referred to as "Joint Accounts) for transactions through Net Banking, the ONLINECUB Customer shall intimate to the bank the names of persons authorized to operate the Net Banking facility jointly or in combination of more than one person, along with the financial limit, if any, within which each such authorized persons and/or all of them shall collectively operate, duly supported by signed resolutions /letters etc., as the case may be to the satisfaction of the Bank. Any intimation of change of instruction to the Bank should be supported by duly signed resolutions/letters etc as the case may be to the satisfaction of the Bank. Any change in such instruction shall not come into effect before the expiry of 7 working days from the date of receipt of such instruction. For operation of Net Banking facility for such accounts, user-ID will be provided along with separate login password and transaction password for each such authorized person of the ONLINECUB Customer. The other joint account holders/Partners/Board of Directors/ Trustees/Governing Body Members shall expressly agree with the arrangement and give their consent on the application form for use of Internet Banking for such Corporate/Joint Accounts by the designated authorised persons.
9.3 All correspondence will be addressed to the first named person in the case of joint accounts and to the ONLINECUB customers in all other cases to the addresses provided to the Bank. All transactions arising from the use of Internet Banking in the joint account/Corporate Account shall be binding on all the joint account holders//Partners/Board of Directors/Trustees/ Governing Body Members of such Corporate Accounts, jointly and severally.
10. ACCURACY OF INFORMATION:
USER is responsible for the correctness of information supplied to CUB through the use of Net Banking Facility or through any other means such as electronic mail or written communication. CUB accepts no liability for the consequences arising out of erroneous information supplied. If USER suspects that there is an error in the information supplied to the Bank, the USER shall advise the Bank as soon as possible. CUB will endeavor to correct the error wherever possible on a *best efforts* basis. If USER notices an error in the account information supplied, the Bank shall be informed as soon as possible. The Bank will endeavor to correct the error promptly.
11. RESPONSIBILITY AND LIMITATION OF LIABILITY OF BANK:
11.1 If USER suspecting that a User-Id or password is known to another person and or notices an unauthorised transaction in the account the same should be reported to the bank.
11.2 CUB does not endorse any "Shippin Data" or Uploaded Information nor assumes any duty to check or verify any such Shipping Data or Uploaded Information.
11.3 The Bank shall not be liable for any unauthorised transactions occurring which can be attributed to the fraudulent or negligent conduct of the USER/Authorised Persons of USER.
11.4 The Bank will take reasonably practicable steps to ensure that its systems used in the provisions of Services are installed with adequate security designs and to control and manage the risks in operating systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to the Bank from time to time.
11.5 In the absence of any gross negligence, willful default or fraud on the part of the Bank, the Bank does not assume any liability or responsibility arising out of or in connection with:
11.5.1 Access to use of, or inability to access or use, the ONLINECUB by the USER;
11.5.2 Any interruption, suspension, delay or other failure in the provision of the Services;
11.5.3 Any mechanical failure, malfunction or interruption of the Services;
11.5.4 Loss or corruption of data or information (including without limitation the Shipping Data and the Uploaded Information) transmitted, stored, disseminated or uploaded as part of the Services.
11.5.5 Any information and/or data from third party providers provided and/or transmitted and/or disseminated via the Services.
11.5.6 Any virus or other destructive features contained in the Services or in the information, data, electronic files, software or other materials provided or sent to or downloaded by the User/Customer as part of the Services: and
11.5.7 Any failure or delay in the provision of information and/or data via the Services.
11.6 In no event shall the Bank be liable to the ONLINECUB Customer/User or any other person for any direct, indirect, incidental, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits or savings, whether or not such loss or damage was foreseeable by the Bank.
11.7 Notwithstanding any provision in these Terms & Conditions, the Bank?s entire liability hereunder shall be limited to the transaction charges/fees or consideration paid by the User/ONLINECUB Customer within the previous 12 months period for Net Banking Services.
11.8 The Bank shall not be liable to the User/ONLINECUB Customer/any other person for any loss or damage except as stated in Clause 9 which sets out the Bank?s entire liability to the User/Customer/any other person in connection with the Services.
11.9 The Bank shall in no circumstances be held liable to the USER if access is not available in the desired manner for reasons including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or Internet or network failure, software or hardware error or any other reason beyond the control of the Bank.
12. Notwithstanding anything contained herein in the event of either Party suffering any liability, losses, claims, costs or expenses (?Suffering Party?) due to any direct fault and/or negligence of the other Party (?Neglecting Party?) then such Neglecting Party shall indemnify the Suffering Party against the same. The expression Suffering Party and Neglecting Party shall mean and include the employees of such Party.
13.1 In consideration of CUB providing the USER the Net Banking, USER shall, at USER?s own expense, indemnify and hold the BANK, its directors and employees, representatives, agents and/or the Affiliates, as the case may be, indemnified against all losses and expenses on full indemnity basis which the BANK may incur, sustain, suffer or is likely to suffer in connection with the BANK or Affiliates? execution of the user?s instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason of providing a service through Net Banking for any action taken or omitted to be taken by the BANK and /or the Affiliates, its officers, employees or agents, on the instructions of the user. The user will pay the BANK and br the Affiliates such amount as may be determined by the BANK and/or the Affiliates to be sufficient to indeninify it against any such, loss or expenses even though they may not have arisen or are contingent in nature.
13.2 Further, USER agrees, at USER?s own expense, to indemnify, defend and hold harmless CUB, its directors and employees, representatives, agents, and its Affiliates against any claim, suit, action or other proceeding brought against CUB, its directors and employees, representatives, agents, and Affiliates by a third party, to the extent that such claim, suit, action of other proceeding brought against CUB, its directors and employees, representatives, agents, and Affiliates is based on or arises in connection with the user of Net Banking with reference to:
13.2.1 a violation of the Terms contained herein by the user;
13.2.2 any deletions, additions, insertions or alterations to, or any unauthorized use of, Internet Banking by the user;
13.2.3 any misrepresentation or breach of representation or warranty made by the user contained herein;
13.2.4 or any breach of any covenant or obligation to be performed by the user hereunder.
13.3 The USER agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys? fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, and action or proceeding attributable to any such claim.
13.4 The USER hereby agrees that under no circumstances, CUB?s aggregate liability for claims relating to Net Banking, whether for breach of in tort (including but not limited to negligence) shall exceed the transaction charges/fees or consideration paid by the USER within the previous twelve (12) months for availing Net Banking, excluding any amount paid towards transactions.
14. DISCLOSURE OF PERSONAL INFORMATION:
USER acknowledges that CUB or its contractors may hold and process USER?s personal information on computer or otherwise in connection with services as well as for statistical analysis and credit scoring. USER 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:
14.1 For participation in any telecommunication or electronic clearing network.
14.2 In compliance with a legal directive.
14.3 For credit rating by recognised credit scoring agencies.
14.4 For fraud prevention purposes
15. CUB s LIEN:
To the extent of all outstanding dues, whatsoever, arising as a result of the using ONLINECUB Service extended to and/ or used by the ONLINECUB customer, 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 ONLINECUB customer?s Primary Account and/ or Secondary Account(s) or in any other account, whether in single name or joint name(s) of the the ONLINECUB customer.
16. PROPRIETARY RIGHTS:
USER shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying or create any derivative product based on the software. USER acknowledges that the software underlying the ONLINECUB SERVICE as well as other Internet related software which are required for accessing are the legal property of the respective vendors. The permission given by CUB to access will not convey any proprietary or ownership rights in the above software.
17. CHANGE OF TERMS AND CONDITIONS:
CUB has the absolute discretion to amend or supplement any of the TERMS for providing Net Banking Facility at any time without any prior notice for such changes. CUB may introduce new services within ONLINECUB from time to time. The existence and availability of the new functions will be notified to USER as and when they become available. The changed terms and conditions applicable to the new ONLINECUB services shall be communicated to the USER. By using these new services, the USER agrees to be bound by the terms and conditions applicable.
The ONLINECUB service shall be used only by the USER and it is not transferable under any circumstances.
19. TERMINATION OF SERVICE:
The ONLINECUB service can be terminated on the following grounds:
19.1 Request by the USER by giving a written notice of at least 15 days to the Bank.
19.2 The Bank may withdraw the facility anytime provided the USER is given at least 15 days notice..
19.3 Either party may also terminate this agreement with immediate effect by notice in writing to the other party if the other party commits a breach of any obligation, warranty, representation or any other terms of these Terms and Conditions, ceases or disposes of its business or threatens to do so, begins proceedings for voluntary winding up, is subject to proceedings under the laws of any country or territory relating to insolvency, bankruptcy, distress, receivership, administration or for the relief of creditors, enters into arrangements benefiting its creditors,
19.4 If the service is withdrawn by the Bank for a reason other than the breach of the terms and conditions by the USER, the Bank?s liability shall be restricted to the prorata return of the annual charges, if any, recovered from the USER for the period in question.
19.5 The closure of all accounts of the USER will automatically terminate the Service.
19.6 Termination of these Terms & Conditions will not affect the rights and remedies of either party accrued to the date of such termination.
19.7 Upon termination of this agreement USER shall forthwith return to the Bank any document or other materials supplied to the Customer/User for or in connection with the use of Services as required by the Bank. Notwithstanding such termination, the USER/Customer shall continue to be bound by the provisions of these Terms & Conditions to the extent they relate to any obligations or liabilities of the USER/Customer which remain to be performed or discharged.
Notices under these Terms and Conditions may be given by the Bank and the
20.1 Electronically to the mail box of either party. Such notices will be regarded as being in writing
20.2 In writing by delivering them by hand or by sending them by post to the last address given by the USER and in the case of the Bank to the address mentioned in the heading above. The Bank shall in no way be held responsible for any non receipt of the same.
20.3 In addition, the Bank may also publish notices of general nature which are applicable to all USERS of ONLINECUB on its web site. Such notices will have the same effect as a notice served individually to each USER.
This agreement and or the operations in the accounts of the USER maintained by the Bank and or the use of the services provided through ONLINECUB shall be governed by the laws of the Republic of India and no other nation. USER and the Bank agree to submit to the exclusive jurisdiction of the Courts of competent jurisdiction in Chennai, Tamilnadu, India as regards any claims or matters arising under these terms and conditions. The Bank accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the 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 govern these terms and conditions and or the operations in the accounts of the USER and or the use of. Notwithstanding anything stated elsewhere in this Agreement, this Agreement shall also be subject to any / all present or future Rules, Regulations, Directives, Instructions and Advice of the Reserve Bank of India or any other concerned Regulatory Authorities as applicable from time to time. The aforesaid Rules, Regulations, Directives, Instructions and Advice shall over-ride any terms of this Agreement, as from the date they are applicable. In particular, the Bank?s obligations under this Agreement shall always be subject to the aforesaid Rules, Regulations, Directives, Instructions and Advice.
22.APPLICABILITY TO FUTURE ACCOUNTS:
CUB and the USER agree that if the USER opens further Accounts with/subscribes to any of the products or services of CUB or any of the Affiliates, and CUB extends the Net Banking to such Accounts or products or services and the USER opts for use thereof, then the Terms shall automatically apply to such further use of the Net Banking by the USER.
23. MAINTENANCE OF SUFFICIENT BALANCE:
USER shall ensure that there are sufficient funds (or prearranged credit facilities) in any Account for transactions through the Net CUB BANK shall not be liable for any consequences arising out of its failure to carry out the instructions due to inadequacy of funds and/or credit facilities provided always that CUB shall at its sole discretion, be entitled to carry out the instructions notwithstanding such inadequacy without seeking the prior approval from or notice to the USER and the USER shall be responsible to repay with interest the resulting overdraft, advance or credit thereby created and for all related to costs and charges.
CUB may at its discretion, levy penal charges for non-maintenance of the minimum balance. In addition to the minimum balance stipulation CUB may levy service charges for use of Net Banking, which will be notified by the CUB to the USER from time to time. Any change in such service charges will also be notified to the USER through Net Banking. The USER authorises CUB to recover all charges related to Net Banking as determined by CUB from time to time by debiting one of the Accounts. CUB may withdraw the provision of Net Banking, wholly or partly, if at any time the amount of deposit falls short of the required minimum as aforesaid and / or if the service charges remain unpaid, without giving any further notice to the user and or without incurring any liability or responsibility whatsoever by reason of such withdrawal.
The ONLINECUB Customer hereby authorize CUB to debit one of the Accounts of the ONLINECUB Customer with such fees, charges, disbursements and any amounts payable by the ONLINECUB Customer to the Bank under these Terms & Conditions including, but not limited to, the service fees and charges payable for providing the Net Banking and any transactional charges (if any) payable by the ONLINECUB Customer to the Bank under any Trade Documents.
25. DISCLAIMER OF WARRANTIES:
25.1 USER expressly agrees that use of the Website is at its sole risk. The Website is provided on an "as is" and "as available" basis. Except as warranted in the Terms, CUB expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement in Internet Banking.
25.2 CUB does not warrant that access to the Website and Net Banking shall be uninterrupted, timely, secure, or error free nor does it make any warranty as to the results that may be obtained from the Website or use, accuracy or reliability of Net Banking.
25.3 CUB will not be liable for any virus that may enter the user?s system as a result of the user using Net Banking. The BANK does not guarantee to the user or any other third party that Net Banking would be virus free.
No act, delay or omission by CUB shall affect its rights, powers and remedies under these terms and conditions or any further or other exercise of such rights, powers or remedies. The rights and remedies under these Terms & Conditions are cumulative and not exclusive of the rights and remedies provided by law.
Each of the provisions of these Terms and Conditions is severable and distinct from the others and, if at any time one or more of such provisions is or become illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.
28. ENTIRE AGREEMENT:
These Terms and Conditions are the entire agreement between the parties concerning the use of the ONLINECUB and online services. It supersedes all previous agreements, communications, representations and discussions between the ONLINECUB Customer and CUB concerning the use of online Services. Neither party will have a right of action against the other arising from any previous agreement, communication, representation and discussion.
29. FORECE MAJEURE:
CUB shall not be liable for delay in performing or failure to perform any of its obligations under these Terms and Conditions due to any cause beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communications and computer systems and services over which it has no control, war, hostilities, invasions, civil unrest, strikes, lock-outs other industrial action or trade disputes (whether involving CUB?s employees or a third party) or any law or government order (whether or not having the force of law). Any delay or failure of this kind will not be a breach of these Terms and Conditions and the time of performance of the affected obligation will be extended by a period which is reasonable in the circumstances.
30. RELATIONSHIP BETWEEN THE PARTIES:
The Services provided by CUB are as an independent contractor and nothing in the provision of the Services shall be deemed to create any partnership, joint venture or relationship of principal and agent between the parties or creates or gives rise to any fiduciary relationship of any nature between the parties.
In the event of any disputes, differences or claims arising between the parties out of this Agreement or in any way relating to any term, condition or provision herein mentioned or in the construction or interpretation of any of the clauses, the parties hereto shall first endevour to settle such disputes, differences, or claims by friendly consultation, failing which the same shall be referred to arbitration by a Sole Arbitrator appointed by CUB who?s decision shall be final and binding on all parties to this agreement. The venue of the arbitration proceedings shall be Chennai, India and shall be governed by the rules of the Arbitration and Conciliation Act of 1996. The language used in the arbitration shall be English.
The clause headings in this agreement are only for convenience and do not affect the meaning of the relative clause. The USER shall not assign this agreement to anybody else. The Bank may sub-contract and employ agents to carry out any of its obligations under this contract.
33. SECURITY MEASURE FOR SECURE INTERNET BANKING TRANSACTION:
1. Never Disable Multifactor authentication (MFA). MFA is a additional layer of Security Solution provided by Bank.
2. Never Share your Phone or SIM Card or E-Mail ID / Password.
3. While your Phone is repair, kindly remove your SIM Card before giving to service center.
4. If you have any problem with your SIM Card, Kindly inform the Banker to remove/ Change the Mobile Number in the Bank records immediately.
5. Never store your Net Banking Login / Transaction Password in your Mobile Phone or Computer or Never write down Login ID and your Password