|Terms and Conditions|
About Internet Banking:
The facility of Internet Banking is provided as a convenience to the Customer and the Customer avails the facility at his own risk. By having an Account with the Bank and / or using this facility the Customer agrees unconditionally not to contest any transaction carried out or not carried out by the Bank, over Internet Banking, and shall accept the record of the transaction maintained by the Bank, without any demur or protest, and hold the Bank harmless and blameless against any loss, or consequences thereof, arising from any transaction carried out or not carried out over Internet Banking. Against the above background, the Customer can use any service provided by the Bank over Internet. The Terms and Conditions governing Indian Bank's Internet Banking are given below:
In this document the following words and phrases have the meaning set opposite them unless the context indicates otherwise. In this document, all references to the Customer being referred in masculine gender will also include the feminine gender and corporate, individual and any authorized user of Internet Banking.
These Terms form the contract between the Customer and the Bank. By applying for Internet Banking and accessing the service the Customer acknowledges and accepts these Terms. These Terms will be in addition to the terms and conditions relating to any account of the Customer, agreed by the Customer at the time of opening the account with the Bank. In the event of any conflict between these terms and those agreed at the time of opening of such account, these terms will prevail for Internet Banking.
Acceptance of Application:
The Bank may provide Internet Banking to select Customers at its discretion. The Customer would need to be a current Internet user or should have access to the Internet and knowledge of how the Internet works. Application for Internet Banking has to be submitted to the Bank for processing and approval. The submission of the registration form does not automatically imply the acceptance of application for Internet Banking. The Bank may at its discretion allow access to the Internet Banking only after it is duly satisfied regarding completion all formalities to be fulfilled by the Customer.
The Bank may advise from time to time the Internet software such as Browsers, which are required for Internet Banking thru the Bank's website. There will be no obligation on the Bank to support all the versions of the Internet software. The Customer shall upgrade his software, hardware and the operating system at his cost from time to time so as to be compatible with those of the Bank. The Bank shall be at liberty to change, vary or upgrade its software, hardware, operating systems etc from time to time and shall be under no obligation to support the software, hardware, and operating systems of the Customer. It shall be the sole responsibility of the Customer / user to ensure support at his cost for the software/ hardware / operating systems, etc.
Where the Customer operates from a country other than Singapore, the Customer is responsible for complying with the local laws of that country, including (but not limited to) obtaining any license.
The Customer has to take appropriate measures at his cost to protect his systems from the likes of hackers, virus attacks, etc. Measures include installation of effective anti-virus scanners, firewalls, etc.
The Customer acknowledges that the software underlying the Internet Banking service as well as other internet related software which are required for accessing Internet Banking are the legal property of the respective vendors. The permission given by the Bank to access Internet Banking will not convey any proprietary or ownership rights in the above software to the Customer / user.
The Customer shall not attempt to modify, translate, disassemble, recompile or reverse engineer the software underlying Internet Banking or create any derivative product based on the software.
The Bank shall endeavor to provide to the Customer through Internet Banking such services as the Bank may decide from time to time. The Bank reserves the right to decide the type of services which a Customer may be offered through Internet Banking at its sole discretion. The availability/non-availability of a particular service may be advised through e-mail or web page of the Bank or written communication at the discretion of the Bank.
The Bank shall take reasonable care to ensure the security of and prevent unauthorized access to the Internet Banking service using technology as available to the Bank.
The Customer shall not himself use or permit others to use Internet Banking or any related service for any illegal or improper purpose.
The Customer would submit a registration form for Internet Banking and the Bank will allot a user_id and a password thru a PIN Mailer which should be acknowledge by the Customer and thereafter the Bank will activate the Customer's access to the Internet Banking. The Customer will be required to change the password at the first login as prompted and thereafter should keep the password secret and confidential through out his usage of Internet Banking. The Customer should change the password frequently, to ensure security.
".......such other means of authentication including but not limited to SMS through handphone, digital Certification ....."
In addition to user_id and password in the first instance, the Bank may, at its discretion, advise the Customer to adopt such other means of authentication including but not limited to digital certification and/or smart cards.
The Customer shall not attempt or permit others to attempt accessing the account information stored in the computers of the Bank through any means other than the Internet Banking Service.User_id / Password:
The Internet Banking service will be available in case of joint accounts only if the mode of operation is indicated as 'either or survivor' or ' anyone or survivor'. For these joint accounts one Internet Banking user-id will be issued to one of the joint account holders. Bank has the option to issue additional user-id and password for any type of accounts including joint accounts. The other joint account holder(s) shall expressly agree with this arrangement and give their consent on the application form for use of Internet Banking.
In case any of the joint account holder(s) gives instructions or request to discontinue Internet Banking service in respect of operations through the use of Internet Banking (or in writing) or by some other mode of authorized communication, on any of the Internet Banking -accounts held jointly by them, the Internet Banking service will be discontinued for the Customer. In case of addition of new name in an existing account, this will automatically apply on him. All transactions arising from the use of Internet Banking to operate a joint account, shall be binding on all the joint account holders, jointly and severally.
In the case of "Either or Survivor" account or "Anyone or Survivor", if one party instructs the Bank to stop the operation of the account the Bank shall not permit both / any of the parties to operate the account until both / all the parties give a joint request to allow resumption of operation of the account.
The Customer acknowledge and agrees that where an application for the Internet Banking Service has been accepted by the Bank and that the application is in respect of a joint account, each joint account holder shall be jointly and severally liable to the Bank for any instructions effected or performed or processed through the Internet Banking Service.
All correspondence / delivery by the Bank shall only be made at the address and / or e-mail address as registered with the Bank. Bank shall not be held responsible or liable for not sending or for delay in sending any information or Alert on such e-mail address and the Customer shall keep the Bank harmless and indemnified against any loss or consequences thereof arising there from.
Bank has created specific procedures / options for processing transactions over the Internet. If the Customer gives instructions through other mechanisms (such as mail within Internet Banking, normal e-mail etc.), the Bank shall not be held liable to process these transactions. If the Bank does process these transactions for any reason however, the Bank shall not be held liable for any associated consequences.
The display or printed output that is produced by the Customer at the time of operation of Internet Banking is a record of the operation of the Internet access and shall not be construed as the Bank's record of the relative transactions. The Bank's own record of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes unless any discrepancy is pointed out within one week from the date of access of his / her / their / its account by the Customer.
The Customer is responsible for the correctness of information supplied to the Bank through the use of Internet 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 supplied by the Customer. If the Customer suspects that there is an error in the information supplied to the Bank by him, he shall advise the Bank immediately. The Bank will endeavour to correct the error wherever possible and to the best of efforts, provided the Bank has not yet acted on the basis of such information.
All outputs of statements are duplicate statements of account and will be prepared by electronic means and the information contained will be extracted from a computerized back up system maintained by the Bank. While the Bank will take all reasonable steps to ensure the accuracy of the statement / balances / information etc, the Bank will not be liable for any error. The Customer shall keep the Bank harmless and indemnified against any loss, damages etc., which may be incurred / suffered by the Customer if the information contained in the above said outputs turns out to be inaccurate / incorrect.
Obligation / Liability of the Customer and Rights of the Bank:
The Customer shall be liable for all losses from unauthorized transactions in the Internet Banking accounts if he has breached the Terms or contributed to or caused the loss by negligent actions such as:
The Bank may apply such technology as it deems fit to ensure the security of and prevent unauthorized access to the Internet Banking service. However it is universally understood that there is no way to verify the technologies foolproof or tamperproof qualities and / or to keep up with the latest technology as available at any particular time. The Customer shall use the Internet Banking with the full knowledge that it is not a secure medium and therefore all transactions on this medium shall be at Customer's risk. The Bank is / shall, not be liable or responsible for any transaction carried over Internet Banking or of any loss or consequences thereof, whatsoever.
The Customer shall have no claim if Internet Banking access is not available in the desired manner for any reasons whatsoever 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. It shall also 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 / suffered by the Customer or any other person due to any transaction carried out or not carried and / or incorrectly / incompletely carried out and / or being carried out with or without the Customer's knowledge or authority in the Account of any Customer and / or due to non-availability or partial availability of any medium of Internet Banking and / or due to any misuse of password(s) of the Customer by any other person or persons. The Transaction risk shall be to the account of the Customer accepting what is stated to be to the account of the Bank hereinabove.
Records of the Bank:
The Customer acknowledge and agree that the Bank's records and any records of the instructions, communications, operations or transactions made or performed, processed or effected through the Interactive Information Exchange Service - Customer Information System (IIES-CIS) by the Customer or any person purporting to be the Customer, acting on Customer's behalf or purportedly acting on the Customer's behalf, with or without the Customer's consent, or any record of transactions relating to the operations of the Interactive Information Exchange Service - Customer Information System (IIES-CIS) and any record of any transactions maintained or by any relevant person authorized by the Bank relating to or connected with the Interactive Information Exchange Service - Customer Information System (IIES-CIS) shall be binding and conclusive on the Customer for all purposes whatsoever and shall be conclusive evidence of the transactions and the Customer's liability to the Bank. The Customer hereby agree that all such records are admissible in evidence and that the Customer shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and / or set out in electronic form or were produced by or are the output of a computer system, and hereby waive any of the Customer's rights (if any) to so object.
Disclosure of Personal Information:
The Customer agrees that the Bank may hold and process the Personal Information on computer or otherwise in connection with Internet Banking services as well as for statistical analysis and credit scoring. The Customer 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:
The Bank cannot be held liable for any act or transaction based upon the Digital Signature Certificate issued by the Certifying Authority in the event of wrong certification of the Digital Signature.
The Bank shall be protected against the disclosure of the details of the account to Government of Singapore or other Government or Public Authorities or Inland Revenue, Commercial Affairs Department etc., when required by law.
The Bank shall not be held liable for any unauthorized transactions by any intruder without knowledge of the Bank provided the Bank acts upon the Digital Signature Certificate issued by the Certifying Authority.
The Customer indemnifies and holds the Bank harmless against any loss suffered by the Bank, its Customers or a third party or any claim or action brought by a third party which is in any way the result of the improper use of Internet Banking by the 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 Customer's primary account and / or, secondary account(s) or in any other account, whether in single name or joint name(s), to the extent of all outstanding dues, whatsoever, arising as a result of the Internet Banking service extended to and / or used by the Customer.
Change in Terms:
The Bank has the absolute discretion to amend or supplement any of the Terms at any time and will endeavor to give prior notice for such changes wherever feasible except for changes, which are subject to market / regulatory changes. The Bank may introduce new services within Internet Banking from time to time. The existence and availability of the new functions may be notified to the Customer as and when they become available. The changed terms and conditions applicable to the new Internet Banking services may be communicated to the Customer. By using these new services, the Customer agrees to be bound by the terms and conditions applicable. The communication on the above, either changed Terms or additional services may at the discretion of the Bank posted on its website hosting Internet Banking or thru any correspondence to the Customer will be deemed to be sufficient notice of information to the Customer.
The Customer shall maintain, at all times, such minimum balance in Internet Banking account(s), as the Bank may stipulate from time to time. The Bank may, at its sole discretion, levy penal charges and / or service charges for non-maintenance of minimum balance. In addition to the minimum balance stipulation the Bank may also levy service charges for use of Internet Banking at its sole discretion. The Customer authorizes the Bank to recover all charges related to Internet Banking as determined by the Bank from time to time by debiting one of his Internet Banking accounts.
The Customer will pay any goods and services tax or any other taxes, levies or charges whatsoever (collectively "the taxes") now or hereafter imposed by law or required to be paid in respect of any monies payable on in respect to the services or pertaining to Customer instructions carried out pursuant to this Agreement and we shall reimburse the Bank for any such payment by the Bank which reimbursement shall be made in the same manner and together with the fees or charges to which the taxes relate.
Termination of Internet Banking Access:
The closure of all Accounts of the Customer will automatically terminate the Internet Banking service.
The Customer may request for termination of the Internet Banking facility any time by giving a written notice of at least 15 days to the Bank. The Customer will remain responsible for any transactions made on his Internet Banking account(s) through Internet Banking prior to the time of such cancellation of the Internet Banking service.
The Bank may withdraw the Internet Banking facility anytime provided the Customer is given reasonable notice under the circumstances. If the Internet Banking service is withdrawn by the Bank for a reason other than the breach of the terms and conditions by the Customer, the Bank's liability shall be restricted to the return of the annual charges, if any, recovered from the Customer for the period in question.
The Bank may suspend or terminate Internet Banking facilities without prior notice if the Customer has breached these terms and conditions or the Bank learns of the death, Bankruptcy or lack of legal capacity of the Customer or lack of mandate / authority to operate / access his account.
These terms and conditions and / or the operations in the accounts of the Customer maintained by the Bank and / or the use of the services provided through Internet Banking shall be governed by the laws of the Republic of Singapore and no other nation. The Customer and the Bank agree to submit to the exclusive jurisdiction of the courts in Singapore under whose jurisdiction the branch in which the account is maintained function, 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 Singapore. The mere fact that the Internet Banking service can be accessed through internet by a Customer in a country other than Singapore shall not be interpreted to imply that the laws of the said country govern the Bank and / or these terms and conditions and / or the operations in the Internet Banking accounts of the Customer and / or the use of Internet Banking.Disclaimer of Warranties:
The Bank may publish notices of general nature, which are applicable to all Customers of Internet Banking on its website. Such notices will have the same effect as a notice served individually on each Customer.
In the event of any dispute, the court in Singapore will have exclusive jurisdiction to adjudicate such dispute and no other court shall have jurisdiction over the same.
The failure on the part of the Bank to exercise any rights as herein under in this premises or otherwise, lawfully, contractually or legally, available to it, or to exercise any option, right or remedy herein contained or otherwise, shall not be construed as a waiver or as a relinquishment of such term, provision, option, right or remedy, but the same shall continue and remain in full force and effect.
Further no single or partial exercise of any right, power, or remedy by the Bank shall limit / exclude any other or further exercise thereof or the exercise of any other right, power or remedy.
If any provision of these Terms is held invalid or unenforceable for any reasons, the invalidity shall not affect the validity of the remaining provision of these Terms. The Bank waiver of any provision of these Terms by notice or otherwise shall not constitute a waiver of its rights under that provision in future or of any other right.
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. The Bank may transfer or assign its rights and obligations under this contract to any other company.