STANDARD CHARTERED BANK
ELECTRONIC BANKING TERMS AND CONDITIONS
These terms and
conditions set out the rights and obligations of you, the customer, and us, the
Bank, in connection with your use of the Service. All the terms and conditions of this agreement are legally
binding, so please read them through carefully before you agree to be bound by
them.
This
agreement:
·
replaces all earlier terms and conditions relating to the
Service (if any) except where we advise you otherwise;
·
is in addition to the terms and conditions that apply to the
individual accounts and company accounts, you may be accessing through the
Service If there is a conflict between the terms and conditions of this
agreement and any other relevant terms and conditions, the latest of the same
will prevail; and
· relates to (a) individual accounts in your sole name; (b) joint accounts but only if these may be operated by a single signing authority; and (c) business and corporate accounts (collectively "eligible accounts"). Account holders who do not have an eligible account for these purposes may nonetheless make account enquiries.
· By submitting the “I agree” button, for these terms and conditions at the time of login, you agree to be legally bound by the same.
· This agreement is subject to change from time to time and any changes will be notified to you online. By submitting the “I agree” button, for these revised clauses at the time of login, you agree to be legally bound by the same.
In the last
section of this agreement, you will find definitions of some of the words and
phrases used in these terms and conditions.
1. THE
ACCOUNTS ON WHICH YOU MAY USE THE SERVICES
1.1 By agreeing to be bound by the terms of
this agreement, you agree that the Service will be available on all eligible
accounts with us, whether open now or opened in the future, including any joint
accounts you hold with others. The
Service cannot be used on some types of accounts and we will advise you from
time to time as to which accounts are eligible.
1.2
In order to use the Service, you must be :
1.2.1 an
account holder with Standard Chartered Bank, India and aged 18 or over; and
1.2.2 registered by us to use the Service.
2.
FOLLOWING
OUR USER GUIDANCE
2.1
User Guidance on the operation of the Service will be made
available to you. User Guidance will cover (among other things) the times when
the Service is available, how to access and operate the Service, what things
you can and cannot do with the Service, and the time it usually takes to carry
out particular types of transactions.
You must follow all relevant User Guidance whenever you access and
operate the Service.
2.2
We may inform you from time to time about changes to the way
you should access or operate the Service.
You must observe all such changes when accessing or operating the
Service.
3.
YOUR
RESPONSIBILITIES FOR SECURITY - I/we have read through & hereby confirm having requisite knowledge and experience in using online/electronic mediums of banking.
3.1
To ensure
that you alone are able to access and give instructions on your accounts using
the Service, you must adopt and at all times maintain the following security
procedures.
3.2
To enable you to use the Service, we will give you a user
identification code and an initial password and you may then choose your own
Password for the Service. These are
your Security Codes and both will be used to identify you whenever you access
the Service. If you are agreeing to the
terms of this agreement jointly with
others, we will give each of you a unique user identification code and an
initial password and each of you may then choose your own individual Password.
Both of you will be jointly and severally liable to us for all dues payable to
us and/or in case of loss/ damage, whatsoever, caused/suffered to/by us due to
use of any or all of the service.
Safeguarding
your Password and Security Codes
3.3
In connection with your Security Codes:
3.3.1
you should change your Password regularly and may do so if
the Service requires you to do so. You
should not choose a Password you have used before;
3.3.2
whenever you choose a Password, you must take care not to
choose a number that is likely to be guessed by anyone trying to access the
Service pretending to be you. For
example, you should avoid your own or a relative’s birthday or any part of your
telephone number;
3.3.3
you must take all reasonable steps to ensure that you safeguard
your Security Codes at all times. You must not disclose any details of your
Password to anyone else, including to someone who is a joint account holder
with you, or to a member of our staff, or to someone giving assistance on a
technical helpdesk in connection with the Service;
3.3.4
you must not record your Security Codes in a way that could
make them recognisable by someone else as Security Codes;
3.3.5
if you discover or suspect that your Password or any part of
them are known to someone else, you must immediately change the Password
yourself through the Service. If this
is not possible, you must notify us immediately by telephoning us on our Phone
Banking Centre Numbers (or any other
number we may let you have from time to time for this purpose). We will suspend use of the Service until new
Security Codes have been set up. Any transaction done prior to such a
notification and done within1 working day after giving such notice, shall be
entirely at your risk and cost.
Checking
your statements
3.4
If you become
aware of any transaction on any of your accounts that has not been validly
authorised by you, you must notify us immediately by telephoning us on our
Phone Banking Centre Numbers (or any other number we may let you have from time
to time for this purpose). For this
purpose, you are reminded that you must, as is required of you for all your
accounts, check all bank Statements for any unauthorised transactions.
Other
security safeguards
3.5
You must
not allow anyone else to operate the Service on your behalf.
3.6
You must not leave Your System unattended while you are
on-line to the Service. This applies
whether Your System is a device you have sourced independently of us or a
device provided by us to access the Service in one of our branches. However, the public nature of our branches
makes it particularly important that if you access the Service from a device in
one of our branches you do not leave that device unattended while on-line and
you ensure that you have gone off-line before leaving the branch.
3.7
You must not access the Service from any device connected to
a local area network (or LAN), such as an office environment, without first
making sure that no one else is able to observe or copy your access or obtain
access to the Service pretending to be you.
3.8
You must comply with any other requirements designed to
protect the security of your use of the Service which are set out in the User
Guidance or notified by us to you in any other way.
3.9
We will not be liable in any manner whatsoever due to
unauthorised usage and for all purposes any usage will be construed as a proper
and authenticated usage.
4.
YOUR
AUTHORITY TO US TO CARRY OUT INSTRUCTIONS
4.1 You agree that the use of the Security Codes agreed between
us for the Service is adequate identification of you. We are entitled, but not obliged, to act on instructions (using
the Security Codes via the Service) without obtaining any further written or
other confirmation from you, even if those instructions are not actually given
or authorised by you (except in the circumstances described in section 4.2).
Your
liability for unauthorised instructions
4.2
You will be liable
for any or all misuse of your Password by someone to give unauthorised
instructions purporting to come from you except in case of wilful or negligent
act on our part. Further it is your responsibility to ensure:
4.2.1
that all the
security procedures described in sections 3.1 to 3.3.4 inclusive and 3.5 to 3.8
inclusive have been faithfully observed; and
4.2.2
You will be held liable for all losses due to unauthorised
use if you have acted fraudulently or with negligence or if you are in default
of any of the security obligations described in sections 3.1 to 3.3.4 inclusive
and 3.5 to 3.8 inclusive or the notification requirements of section 3.3.5.
4.3
You will not be responsible nor have any liability for any
instruction that is not authorised by you but is given using your Security
Codes if:
4.3.1
such instruction is given after you have notified us that
you have discovered or suspect that your Password is known to someone else in
accordance with section 3.3.5; or
4.3.2
your Password has become known to the person giving the
unauthorised instruction as a result of our failure to comply with clause 8.1
or any negligence or wilful default on our part.
Acting
on your instructions
4.4
You must
not use the Service to create an unauthorised overdraft on any of your accounts
and we are entitled to refuse to accept any instruction that would do so. If an unauthorised overdraft is created, we
may take any action we think fit and charge any interest and charges to the
account in question (in accordance with the terms and conditions of that
account). You agree that:
4.4.1
it is your
responsibility to make sure that no unauthorised overdrafts are created; and
4.4.2
you will not rely on the operation of the Service to prevent
an unauthorised overdraft being created.
In particular, you must remember that your cheques and any payment
instructions you have given via the Service might take time to clear and might
not always be immediately reflected in the balance on your account.
4.5
When we
receive a transaction instruction from you through the Service, we will be
entitled to debit any payment plus any charges payable for the transaction from
the account you have specified or any other account that you hold with us. Once you have given an instruction through
the Service, you will not be able to reverse it. We will be under no obligation:
4.5.1
to reverse an instruction you have given; or
4.5.2
to accept an instruction that is conditional or reversible or
which requires us to pay a third party sooner than we would be able to pay them
following our normal banking practices.
However,
if you do ask us to reverse an instruction after you have given it, we may at
our discretion try to do so to the extent that this is possible under the rules
and practices of the banking system.
You agree that you will be responsible for any costs we incur as a
result.
4.6
You hereby confirm and acknowledge that payments
through electronic transfer of funds are subject to Sec.40A (3) of the Income
Tax Act, 1961.
4.7
We may, when we believe we are justified in doing so:
4.7.1
refuse to carry out an instruction given via the Service; or
4.7.2
require written confirmation from you of a particular
instruction.
If
we come to believe that an instruction may not have been properly authorised by
you, we will be entitled, after making reasonable efforts to check whether it
was properly authorised, to take steps to reverse any action taken on the basis
of that instruction. We will not be
responsible for any loss to you that results from such a reversal.
4.8
When you
give an instruction via the Service, we will act on that instruction in
accordance with the cut-off times notified to you through the Service. From time to time we may notify you of
changes to these cut-off times.
Instructions given at any other time may not be acted on until the next
Business day.
4.9
The bank shall endeavour to provide to you through the
electronic banking service, (but will not give any commitment on its part)
services such as balance enquiry, transaction details, statement of accounts,
funds transfer, bill payments, requests for issuance of cheque book and demand
drafts, stop payment instructions as well as opening of new deposit accounts
and such other facilities as the bank may decide to provide form time to time.
These facilities may be offered in a phased manner at the discretion of the
Bank.
4.9.1
The Bank shall endeavour to effect fund transfer and payment
transactions received through the service provided there are sufficient funds
available in your account. The Bank will not be liable for any omission to make
any of these payments or for late payments due to circumstances beyond the
reasonable control of the Bank,
4.9.2
The Bank may choose to offer existing or added services through
any of its group companies or a third party with whom the Bank has entered into
an agreement for the same. It will be Bank’s aim to protect your interest in
all such arrangements and agreements.
4.9.3
For all the services, products and facilities offered through
the service,
·
Standard terms, conditions of the Bank and / or RBI rules
apply
·
All loans and deposits are at the sole discretion of the
Bank
·
All rates, tariffs, and charges are subject to change at the
sole discretion of the Bank
5.
IF
YOU HOLD ANY JOINT ACCOUNTS
5.1
In
connection with any account which you hold jointly (provided that this may
be operated on a single signing authority basis) with others, you agree that:
5.1.1
any single party to a joint account may validly give
instructions via the Service in connection with that joint account.
5.2
The
provisions of section 5.1 above override any other existing arrangements in
connection with your authority to operate joint accounts.
5.3 In connection with any account which you hold jointly with
others and requires two or more authorised signatories to be operated, you and
the joint signatories will only be able to utilise such part of the Service
which allows you to obtain information about the account, including but not
limited to the balance of the account.
5.4 All of you
will be jointly and severally liable to us for all dues payable to us and / or
in case of loss / damage, whatsoever,
caused / suffered to / by us due to use of
any or all of the service.
6.
OPERATING
TIMES, CHANGES AND DISRUPTIONS
6.1
The Service
will usually be available for use at the times given in the User Guidance or at
other times notified to you. You
accept, however, that routine maintenance requirements, excess demand on the
systems and circumstances beyond our control may mean it is not always possible
for the Service to be available during its normal operating hours.
6.2
In
connection with the Service, we are entitled at any time to:
6.2.1
change the mode of operation; or
6.2.2
add to, remove or otherwise change, end or suspend any of
the facilities available; or
6.2.3
end the Service.
If
we decide to change or end the Service, we will try to give you 30 days notice
or whatever shorter period of notice may be reasonable in the circumstances. We
will in no way be liable in case of such termination / end of service and / or
for any loss caused / suffered in this regard.
7. SERVICE
SOFTWARE AND HARDWARE
Software
compatibility
7.1
Each time
you access the Service, it may automatically provide Your System with the
Service Software necessary to enable you to access and operate the
Service. Alternatively, the Service
Software may be supplied to you in some other way. It is your responsibility to ensure that the Service Software
supplied to you is compatible with any computer or other device from which you
access the Service and any software on that computer or other device. If it is not, you must compensate us for any
loss we suffer as a result. We shall
not be liable to you for any loss you suffer as a result of any incompatibility
between the Service Software and any computer or other device from which you
access the Service.
Protecting
against Viruses
7.2 You must take all reasonably practicable
measures to ensure that any computer or other device from which you access the
Service is free of any computer virus or similar device or software including,
without limitation, devices commonly known as software bombs, Trojan horses and
worms (together “Viruses”) and is adequately maintained in every way. The Service can be accessed through the
Internet or other communication channels as the case may be, public systems
over which we have no control. You must
therefore ensure that any computer or other device you use to access the
Service is adequately protected against acquiring Viruses.
Using
other people’s devices
7.3
You must
not access the Service using any computer or other device which you do not own
unless you have first obtained the owner’s permission to do so. If you break this rule, you must compensate
us for any loss we suffer as a result.
Access
through third party services
7.4
We cannot be responsible for any services through which you
access the Service that are not controlled by us, or for any loss you may
suffer as a result of you using such a service. You must comply with all the terms and conditions of such a
service and pay all the charges connected with it.
Ownership
rights in connection with the Service Software and other information
7.5
By
supplying you with the Service Software to access the Service, we are granting
you a non-exclusive, non-transferable, temporary licence to use the Service
Software for the purpose of accessing the Service, and for no other
purpose. The Service Software and all
other material and information supplied to you, including the User Guidance,
contains valuable information that belongs to us or others. You must not:
7.5.1
use them except in connection with accessing the Service;
7.5.2
take copies, sell, assign, commercially rent, sub-license,
otherwise transfer them to any third party; or
7.5.3
try to decompile, reverse engineer, input or compile any of
the Service Software.
7.6
If you access the Service from a country outside India, you
are responsible for complying with the local laws of that country, including (but
not limited to) obtaining any licence needed for the import / export of the
Service Software to that country.
8.
EXTENT OF LIABILITY FOR LOSS OR DAMAGE
8.1
We will take reasonably practicable steps to ensure that our
systems in connection with the Service are installed with adequate security
designs and to control and manage the risks in operating the systems, taking
into account any law, rules, regulations, guidelines, circulars, codes of
conduct and prevailing market practices which may be applicable to us from time
to time.
8.2
We will not be liable for any loss or damage to you as a
result of making / not making the Service available to you or as a result of
loss of service to you, including any direct, indirect, consequential or
special loss, even if we have been advised of the same. Examples of
circumstances in which we will NOT be liable to you for loss or damage
resulting to you through the use of the Service include (but are not limited
to):
8.2.1
acting on an instruction which has been validly authenticated
as coming from you but which in fact was given by somebody else (but please see
sections 4.2 and 4.3 which explain the exceptions to this rule); and
8.2.2
any incompatibility between Your System and the Service; and
8.2.3
any machine, system or communications failure (except where
such failure should have been prevented
by the risks control and arrangement measures had we adopted such measures in
accordance with clause 8.1), industrial dispute or other circumstances beyond
our control that leads either to the Service being totally or partially
unavailable or to instructions given via the Service not being acted upon
promptly or at all; and
8.2.4
you relying on any financial information provided as part,
or by means, of the Service; and
8.2.5
any misuse of Your System by you or anyone else; and
8.2.6
any access to information about your accounts which is
obtained by a third party as a result of your using the Service (except where
that access is obtained as a result of our negligence or our wilful default).
8.2.7
loss / distortion of data during transmission, any loss /
delay due to circumstances beyond our control.
8.2.8
unavailability of Service during normal operating hours as
covered under point 6.
8.3
In the event that we are liable for any loss or damage to
you as a result of your use of the Service, we shall only be liable for direct
loss or damage which, in the ordinary course of events, might reasonably be
expected to result from the circumstances in question and only if such loss or
damage is caused by our gross negligence or wilful default.
Please
note that the Service has no facility for you to let us know that it is
especially important to you that a transaction is carried out by a particular
time. If you need to be completely
certain that an instruction has reached us and that it will be carried out by a
particular time, you must speak to our staff on our Phone Banking Centre
Numbers or inform us in any other way we notify you about from time to
time.
8.4 You shall indemnify us, our employees and our nominees or
agents promptly and on a full indemnity basis from or against all actions,
omissions, negligence, proceedings, claims, demands, damages, losses (including
direct, indirect or consequential losses), costs and expenses including all
duties, taxes, or other levies and legal costs as between solicitor and client
(on a full indemnity basis) and other liabilities which we may incur or suffer
from or by reason of your use of the Service.
8.5
You are aware of the risks, responsibilities and
liabilities involved in Internet / Electronic Banking and have after due
consideration requested us to offer you the Electronic / Internet Banking
Services
9. IF YOU BREAK A TERM OF THIS AGREEMENT
You must compensate
us for any loss we suffer as a result of your breaking any term of this
agreement.
10. ENDING YOUR USE OF THE SERVICE
10.1 You may cancel your use of the Service at
any time by giving us written notice
(or in any other way we notify you about from time to time). Any
transaction / liability incurred by you prior to such cancellation shall be
paid / reimbursed by you.
10.2
If you have multiple accounts, you
may not cancel the Service solely in respect of any one account, unless you are
notified to the contrary in the User Guidance or otherwise in writing.
10.3 We have the right to end or suspend your
use of the Service at any time. We will
usually give you at least 30 days notice.
However, we may give you a shorter period of notice or no notice if we
consider it necessary, for example because of security concerns in connection
with your use of the Service or because we are concerned that you have used or
may use the Service to create an unauthorised overdraft or otherwise to operate
any of your accounts in breach of your arrangements with us.
10.4 We will be entitled to end your use of the
Service immediately on all your accounts if any of your joint account holders
notifies us:
10.4.1 that the joint account can no longer be
operated on your instructions alone; or
10.4.2 that he/she is no longer prepared to accept
that you may operate the joint account using the Service.
10.5
If your use
of the Service comes to an end for any reason, this will not affect any
instructions you have already given via the Service. If more than one person has signed this agreement and one of you
withdraws from the Service, this will not affect the use of the Service by the
others (except in the circumstances outlined in section 10.4).
11. ABOUT OUR CHARGES
11.1 We are entitled:
11.1.1 to charge you fees and charges for the
Service; and
11.1.2 to change those fees and charges from time to
time by giving you at least 30 days notice.
If we give you such a notice, you will not have to pay any proposed
increase so long as you cancel your use of the Service during the 30 day notice
period. However, your continued use of the Service after the 30 day notice
period shall be conclusively deemed to be your acceptance of such changed fees
and charges.
11.2 To avoid any doubt, please note that the
references to fees and charges in section 11.1 only apply to our charges for
providing the Service. They do not
apply to any charges for particular banking or other services we might provide
in response to your requests via the Service.
We will be happy to provide you with details of our charges for
particular banking or other services on request.
12. OUR RIGHT TO MAKE CHANGES TO THIS
AGREEMENT
12.1
We have the right to change the terms of this agreement at
any time by giving you notice either in writing, by placing prominent notices
at our offices or branches or by sending you a message via the Service.
12.2 We
will give you 30 days notice of any change before it takes effect, except when
notice has to be shorter in order to protect the security of the Service or in
other circumstances beyond our control.
Once you have received notice of any change in the terms of this
agreement, we will treat your subsequent use of the Service as your acceptance
of the change
13. THE VALIDITY OF THE TERMS OF THIS
AGREEMENT
13.1 If any one or
part of the terms of this agreement proves to be legally unsound or
unenforceable in any way, this will not affect the validity of the remaining
terms.
13.2
We believe the terms of this
agreement are fair. If any one or part
of them proves to be not legally valid because it is unfair or for any other
reason, we are entitled to treat that term as changed in a way that makes it
fair and valid.
13.3
If one of the terms of this agreement
is unenforceable against one of the customers signing this agreement, this will
not in any way affect the enforceability of that term against the other
signatories.
13.4
If we relax any of the terms of this
agreement once, this may be on a temporary basis or as a special case
only. Such relaxation will not affect
our right to enforce that term strictly at any other time.
14. COMMUNICATIONS BETWEEN US
14.1
Except for situations where this
agreement refers to your giving us notice by telephone, you should give us any
other formal notice in connection with the Service in writing (in hard copy
form) to any of our branches in India (or any other address we may notify to
you from time to time for this purpose).
14.2
Any complaints in connection with the
Service should be directed to any of our branches in India (or any other
address we may notify to you from time to time for this purpose).
14.3 Electronic mail is not a completely reliable or secure method of communication and you must not use it for sending us:
14.3.1 notices in connection with the terms of
this agreement; or
14.3.2 sensitive communications, such as payment
instructions (payment instructions should be sent through the Service in
accordance with the User Guidance or in accordance with the terms of the
relevant account which you hold with us).
14.3.2 The personal details that you have given to
us most recently through the service or any other way are deemed to be bonafide
and the bank has the right to communicate with you based on these details that
you have furnished. If we need to send you a notice, we will use the address
you have given us most recently in connection with your bank accounts and any
notice/communication sent to such address shall be deemed to be proper service
of the same for all purpose. It is your duty to update and keep us informed of
any changes in your personal details/address.
15. SERVICE QUALITY: RECORDING YOUR CALLS
AND INSTRUCTIONS
15.1
To protect both our customers and our
staff, and to help resolve any disputes between you and us, you acknowledge
that:
15.1.1
we will record all telephone
conversations between us and customers of the Service; and
15.1.2 we will keep a record of all instructions
given by customers via the Service; and
15.1.3
we may listen to telephone calls made in
respect of the Service in order to assess and improve the quality of the
Service.
16. OUR ADVERTISING
From time to time we may advertise
our own products and services, and those of other companies in the Standard
Chartered Bank Group or any other advertisement as we deem fit, through the
Service. If, in connection with other
agreements with us, you have asked us not to send you any marketing material
(or if you do so in the future), you agree that this restriction will not apply
to these advertisements.
17. THE LAW GOVERNING THIS AGREEMENT
The laws of India
govern this agreement. Both parties
agree to submit to the jurisdiction of the Indian Courts in connection with any
dispute. This does not affect our right
to pursue our remedies in the courts of any other jurisdiction which is
appropriate.
Any
dispute arising between the parties hereto in connection with the validity,
interpretation or implementation of this agreement shall be referred to
arbitration in accordance with the Arbitration and Conciliation Act, 1996 or
any other amendments thereto or any enactments in substitution thereof. The
venue of arbitration shall be Mumbai.
19. DEFINITIONS : THE MEANING OF SOME WORDS
AND PHRASES USED IN THIS AGREEMENT
Some
words and expressions used in this agreement have particular meanings as
follows:
Business
day means any day except a Saturday, Sunday or public holiday
in India. Otherwise defined as any day on which banks are open for transaction
of business in India.
Password means the
Electronic Banking personal identification number or secret number chosen by
you (or if you do not elect to change it, the initial secret number given to
you) that is used to confirm your identity whenever you use the Service.
Security
Codes means the user identification code together with the
Password details agreed between you and
us that are used to identify you whenever you use the Service.
Service means the
services provided by us which enable you to obtain information from us and give
instructions to us by computer, telephone, mobile telephone, personal digital
assistant or other device linked to our system by any means (among other
things).
Service
Software means any software supplied to you whenever you access the
Service and any other software we supply to you for the purpose of accessing
the Service from time to time.
Statement means bank
statement, contract or transaction note, confirmation notice for Investment
Services, or any of these or similar documentation, as applicable, depending on
the Service.
User
Guidance means the guidelines we provide from time to time in
connection with your operation of the Service, which may include guidance:
·
in hard copy form (for example, in a user manual or by
letter); and
·
spoken guidelines (e.g. by any technical helpdesks we may
operate); and
·
through any on-line help service available as part of the
Service.
We/us/our/Bank refer to Standard Chartered Bank, a company incorporated in England and Wales with limited liability by Royal Charter 1853, under reference ZC18 and whose Registered Office is situated in England at 1 Aldermanbury Square, London, EC2V 7SB and having a branch office in India inter alia at 23-25 MG Road, Mumbai, India 400 001.
You/your
means you, the customer(s), who are registered by us to use the Service.
Your
System means the equipment and software contained on it used by
you to access the Service.