Internet Banking Terms &
Conditions
IMPORTANT: Please note carefully the User’s
duties laid down in the Terms set out herein below. If the User
commits a breach of the duties the User may be liable for the
transactions even if the User did not authorise them. Please note
that by accepting the Terms you are requesting us to add all the
User’s Account, including joint accounts, to the Internet
Banking.
1.
Definitions
| In this document
the following words and phrases shall have the meanings as set
below unless the context indicates otherwise: |
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| Account(s) |
"Account(s)" refers to the user's bank account
including joint accounts, card account, Vastu Siddhi account,
car loan account, consumer durable loan account, depository
account and/or any other type of account (each account hereafter
referred to as an "Account" and collectively as
"Accounts"), so maintained with TJSB Bank or
its Affiliate which are eligible Account(s) for purposes of
Internet Banking. One of these Accounts shall be designated as
the Main Account and all other Accounts, if any, of the user
shall be referred to as other Account(s).
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| Affiliate |
"Affiliate" of TJSB Bank shall mean
and include (a) any company which is a subsidiary of TJSB
Bank. or (b) a person under the control of or under common
control with The TJSB Bank,
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| TJSB
Bank |
"TJSB Sahakari Bank Ltd.
Bank" refers to The
TJSB Sahakari Bank Ltd.
Bank Limited, a Scheduled Cooperative Bank registered under the
Maharashtra Co-operative Societies Act, 1960 and [licensed] as
a bank under the Banking Regulation Act, 1949 and having its
registered office at 1444, Shukrawar Peth, Thorale Bajirao
Road,Pune - 411 002, Maharashtra, INDIA.
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| Internet
Banking |
"Internet Banking" refers to the internet
banking service offered or provided by TJSB Bank to the
User and which are described in the Terms by which the User may
access information and give TJSB Bank instructions in
respect of certain of User’s Account(s) with the TJSB
Bank. Such Internet Banking may be provided by TJSB Bank
directly or through its associates or contracted service
providers or Affiliate.
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| User |
"User" refers to a customer of TJSB
Bank and/or of the Affiliate of TJSB Bank , authorised
to use Internet Banking or a person requesting the Internet
Banking. In case of the User being a minor, the guardian of such
minor shall be permitted to use Internet Banking.
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| Personal
Information |
"Personal Information" refers to the
information provided by the User to TJSB Bank.
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| Terms or E-Terms |
"Terms" or “E-Terms” refer to
these terms and conditions and any supplementary terms and
conditions which we will notify you of under Clause [21.1]
below, as amended from time to time . |
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| Website |
"Website" refers to the website owned,
established and maintained by TJSB Bank located at the
URL http://www.tjsbbank.co.in/
In this document all references to the
User refers to both masculine and feminine gender.
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2.
Applicability of Terms
| 2.1 |
These Terms form the contract between the
user and TJSB Bank for availing Internet Banking. The
user shall apply to TJSB Bank in the prescribed form for
use of Internet Banking. TJSB Bank shall be entitled at
its sole discretion to accept or reject such applications as may
be submitted by the users. In addition to what is provided
hereinbefore the User agrees that any use by the User of the
Internet Banking shall constitute the User’s acceptance of
the Terms. The User applying for Internet Banking will also be
deemed as acceptance of the Terms and acknowledged thereof.
Notwithstanding anything contained herein, all terms and
conditions stipulated by the Affiliates pertaining to the
Accounts shall continue to be applicable to the users provided
in the event of a conflict in the terms stipulated by the
Affiliates and the terms herein, the terms herein shall have
overriding effect. These terms will be in addition to and not in
derogation of the terms and conditions relating to any account
of the user. The TJSB Bank recommends to the User that
he should store or print off a copy of the Terms for his
records.
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3. Internet
Banking
| 3.1 |
For the purpose of availing Internet
Banking, the User would need to have legal and valid access to
the Internet. |
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| 3.2 |
The information provided to the User through the Internet
Banking is not updated continuously but at regular intervals.
Consequently, any information supplied to the user through
Internet Banking will pertain to the date and time when it was
last updated and not as the date and time when it is supplied
or the date on which the internet is viewed by the User.
TJSB
Bank shall not be liable for any loss that the User may suffer
by relying on or acting on such information.
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| 3.3 |
TJSB
Bank may keep its records of the transactions in any form it
wishes. The
TJSB
Bank’s records, unless shown to be wrong, shall be
evidence of User’s dealings with the
TJSB
Bank in connection with the Internet Banking. User agrees not
to object to the admission of
TJSB
Bank’s records as evidence in any legal proceedings
because such records are not originals, are not in writing or
are documents produced by a computer. Where the User agrees to
give the
TJSB
Bank an instruction or request a transaction through the
Internet Banking the Terms will apply in addition to the
existing terms in respect of your dealings with
TJSB
Bank either in respect of particular accounts or products or
generally. In the event of inconsistency the Terms will apply.
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| 3.4 |
Any request for any service, which is offered as a part of
Internet Banking, shall be binding on the User as and when
TJSB
Bank 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 User,
TJSB
Bank shall not be required to act on the request until it
receives such documentation from the User.
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| 3.5 |
The User shall ensure that Internet Banking or any
related service is not used for any purpose which is illegal,
improper or which is not authorised under these Terms. |
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| 3.6 |
The User shall be aware that TJSB Bank uses very
high level of encryption. The use of such encryption may be
illegal in certain parts of the world. It is the Users
responsibility to ensure that, if outside India the User’s
ability to use the Internet Banking is permitted by the local
laws and TJSB Bank shall not be liable for any loss or
damage suffered by the User as a result of not being able to use
the Internet Banking in such parts of the world.
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| 3.7 |
Notwithstanding anything contained in the Terms, due to
the nature of Internet Banking, TJSB Bank shall not be
responsible for any loss or damage to the User’s data,
software, computer, telecommunication or other equipment caused
by using the Internet Banking.
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4.
Unauthorised Access
| 4.1 |
The User shall take all necessary
precautions to prevent unauthorized and illegal use of Internet
Banking and unauthorized access to the Accounts provided by
Internet Banking. |
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| 4.2 |
TJSB Bank shall take all commercially reasonable
care to, ensure the security of and to prevent unauthorised
access to the Internet Banking using commercially reasonable
technology available in India to TJSB Bank. |
5. Internet
Banking Access
| 5.1 |
The User would be allotted an Internet
Banking user-id and upto two secret passwords by TJSB
Bank in the first instance. The User will be required to change
the password assigned by TJSB Bank on accessing Internet
Banking for the first time. As a safety measure, the User shall
change the password as frequently thereafter as possible. In
addition to user-id and password TJSB Bank may, at its
discretion, advise the User to adopt such other means of
authentication including but not limited to digital
certification and/ or smart cards. The User shall not attempt or
permit others to attempt accessing the Account information
stored in the computers of TJSB Bank or Affiliate
through any means other than the Internet Banking.
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6. Internet
Banking Password
| 6.1 |
The User acknowledges, represents and
warrants that the password which will be issued to it, provides
access to the Account and that User is the sole and exclusive
owner and is the only authorised user of the password and
accepts 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 password. The User grants express authority
to TJSB Bank for carrying out transactions and
instructions authenticated by such password. The User
unconditionally undertakes to have Internet Banking password of
such number of letters/digits as may be notified by TJSB
Bank from time to time and ensure that the same is kept
confidential; and to not let any unauthorised person have access
to the internet while the User is accessing the Internet
Banking. If the User forgets the Internet Banking password or
the Internet Banking Password gets locked after a number of
incorrect attempts, upto such number as may be intimated by TJSB
Bank from time to time, then the User may within three days from
the time he/she is not able to access his/her Account for the
reasons mentioned herein request for the issue of a new password
through the [24-Hour Help Desk], Internet Banking Channel
or to the Branch concerned during business hours and this shall
not be construed as the commencement of a new contract. Such
Password may be issued within such time as may be intimated by TJSB
Bank from time to time. The user agrees and acknowledges that TJSB
Bank shall in no way be held responsible or liable if the user
incurs any loss as a result of information being disclosed by TJSB
Bank regarding his Account(s) or carrying the instruction of the
User pursuant to the access of the Internet Banking and the User
shall fully indemnify and hold harmless TJSB Bank and
the Affiliate in respect of the same. The User shall maintain
the secrecy of all information of confidential nature and shall
ensure that the same is not disclosed to any person voluntarily,
accidentally or by mistake. The User shall comply with such
guidelines, instructions or terms as TJSB Bank may
prescribe from time to time with respect to the User’s
password.
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7.
Joint Accounts
| 8.1 |
In case of Joint Accounts, transactions
through Internet Banking, the facility of Internet Banking shall
be available to the 1st account holder in his account held with
the TJSB Bank and if he is 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 to the first account
holder when requested. The other joint account holders shall
expressly agree with the arrangement and give their consent on
the application form for use of Internet Banking. All
correspondence will be addressed only to the first named person
in the joint account . 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.
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8. Charges
| 8.1 |
TJSB Bank reserves the right to
charge and recover from the User service charge for providing
the Internet Banking (including but not limited to the right of
charging the User for the use of funds transfer through
e-Cheques). The User hereby authorises TJSB Bank to
recover the service charge by debiting one of the Accounts of
the User or by sending a bill to the User who will be liable to
make the payment within the specified period. Failure to do so
shall result in recovery of the service charge by TJSB
Bank in a manner as TJSB Bank may deem fit along with
such interest, if any, and/or suspension of the facility of
Internet Banking without any liability to TJSB Bank. |
9.
Maintenance of Sufficient
Balance
| 9.1 |
The User shall ensure that there are
sufficient funds (or prearranged credit facilities) in any
Account for transactions through the Internet Banking, and TJSB
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 TJSB Bank
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.
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| 9.2 |
TJSB Bank may, at its discretion, levy penal
charges for non-maintenance of the minimum balance. In addition
to the minimum balance stipulation TJSB Bank may levy
service charges for use of Internet Banking which will be
notified by TJSB Bank to the User from time to time in
the manner deemed fit to the TJSB Bank. Any change in
such service charges will also be notified to the user in the
manner deemed fit to the TJSB Bank. The User authorises
TJSB Bank to recover all charges related to Internet
Banking as determined by TJSB Bank from time to time by
debiting one of the Accounts. |
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| 9.3 |
TJSB Bank may withdraw the provision of Internet
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. |
10. Funds
Transfer Through Internet Banking
| 10.1 |
The User accepts that he will be responsible
for keying in the correct account number for the fund transfer
request. In no case, TJSB Bank will be held liable for
any erroneous transactions incurred arising out of or relating
to the User entering wrong account numbers.
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| 10.2 |
The User shall not use or attempt to use the Internet
Banking for funds transfer through eCheques without sufficient
funds in the relative Account or without a pre-existing
arrangement with TJSB Bank for the grant of an
overdraft. TJSB Bank will endeavour to effect funds
transfer transaction received through Internet Banking subject
to availability of sufficient funds in the Account. TJSB
Bank shall specify from time to time the limit for carrying out
various kinds of funds transfer or any other services through
Internet Banking. The said facility will be provided in
accordance with the arrangement between TJSB Bank and
the Affiliates and as per conditions specified by TJSB
Bank from time to time.
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| 10.3 |
TJSB Bank 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 Payee Registration. TJSB Bank
reserves the right to charge the User for the use of funds
transfer through eCheques by giving due notice on the website
about such charges. |
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| 10.4 |
If funds transfer is made available to the User, it may
be used for transfer of funds from Account to other accounts
belonging to third parties maintained at TJSB Bank
and/or at any other Bank which falls under the network of
[Reserve Bank of India's Electronic Fund Transfer] system.
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11.
Transactions in Depository
Account through Internet Banking
| 11.1 |
TJSB Bank will install adequate
systems to restrict the access of the transaction statement of
depository account only to the User. The User shall take all the
necessary steps to ensure confidentiality and secrecy of the
login name and password allotted by TJSB Bank in this
regard. The User permits TJSB Bank to provide the
transaction statement of the depository account through internet
(web-based and/or email). The User is aware that the transaction
statement may be accessed by other entities in case the
confidentiality / secrecy of the login name and password is
compromised. In case the User opts for transaction statement
through email, it shall immediately inform TJSB Bank
about change in email address, if any. TJSB Bank may
verify and confirm with the User about the change. TJSB
Bank shall confirm with the User about validity of the email
address atleast once in a year. |
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| 11.2 |
The User agrees not to receive transaction statement in
paper form from TJSB Bank. Provided however that, in
case when the TJSB Bank is not able to provide
transaction statement to its Users through internet (web-based /
email) due to any unforeseen problems, TJSB Bank will
ensure that the transaction statement reaches to the User in
physical form as per the time schedule stipulated in the [Bye
Laws & Business Rules of National Securities Depositary
Limited].
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| 11.3 |
The above terms are in addition to and not in
contravention of the terms and conditions forming a part of the
"AGREEMENT BETWEEN THE PARTICIPANT AND THE person SEEKING
TO OPEN AN ACCOUNT WITH THE PARTICIPANT" signed by the User
at the time of opening the account with the Depositary. |
12. Hot
Payment Facility
| 12.1 |
[TJSB Bank provides the facility of
payment for transactions executed on internet through different
sites. TJSB Bank will execute such transactions only for
the sites specified on its website “http://www.tjsbbank.co.in/” and
will be responsible for transferring the amount debited to the
customer to the [Account maintained by the Service Provider]
however it will not be held responsible for any informational
content on any other site.]
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13.
Application for Facilities
through Internet Banking
| 13.1 |
The User shall have the option of applying
for facilities provided by TJSB Bank on Internet
Banking. The facility to a User shall be extended to the User
subject to the User complying with TJSB Bank’s
credit parameters and submitting all documents required by TJSB
Bank in a physical form to TJSB Bank. TJSB Bank
may in its sole discretion reject the application for the
facility by the User.
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| 13.2 |
The User can check the availability of a pre-approved
offer by TJSB Bank to him through Internet Banking. The
eligibility of a User for a facility provided by TJSB
Bank shall be decided by TJSB Bank. Any pre-approved
offer by TJSB Bank to the User does not constitute grant
of facility to the User and shall be subject to the User
complying with TJSB Bank's credit parameters and
submitting all documents required by TJSB Bank in a
physical form to TJSB Bank.
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| 13.3 |
The User shall be given a reference number on making an
application for a facility provided by TJSB Bank on
Internet Banking. The reference number can be used by the User
for checking the status of his application for facility with TJSB
Bank through Internet Banking or [by calling the Call Centers of
TJSB Bank]. The reference number given by TJSB
Bank to the User does not constitute grant of facility to the
User.
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| 13.4 |
Not all Accounts can be accessed under the Internet
Banking. |
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| 13.5 |
The User authorises the TJSB Bank to add all
Accounts (including joint accounts) that the User holds with the
TJSB Bank now or in the future, which are available on
the Internet Banking, to the Internet Banking.
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14. Authority
to TJSB Bank for Internet Banking
:
| 14.1 |
The User irrevocably and unconditionally
authorises TJSB Bank to access all his Account(s) for
effecting banking or other transactions performed by the User
through the Internet Banking. The instructions of the User shall
be effected only when such instruction is in accordance with the
prescribed procedure.
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| 14.2 |
TJSB Bank shall have no obligation to verify the
authenticity of any transaction / instruction received or
purported to have been received from the User through Internet
Banking or purporting to have been sent by the User other than
by means of verification of the Internet Banking user-I D and
the password. |
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| 14.3 |
The read-out, the faxed /email output or the printed
output, if any, that is received by the User at the time of
operation of Internet Banking is a record of the operation of
the computer by the User and shall be accepted as conclusive and
binding for all purpose. All the records of TJSB Bank
generated by the transactions arising out of the use of the
Internet Banking, including the time the transaction recorded
shall be conclusive proof of the genuineness and accuracy of the
transaction. While TJSB Bank and the Affiliates shall
endeavour to carry out the instructions promptly, they shall not
be responsible for any delay in carrying on the instructions due
to any reason whatsoever, including due to failure of
operational systems or any requirement of law. All the
transactions arising through the use of the Internet Banking to
operate a joint account shall be binding on all the joint
account holders, jointly and severally.
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15.
Instructions
| 15.1 |
All instructions for Internet Banking shall
be given, through computer or any other medium/channel enabled
by TJSB Bank for the purpose, by the User in the manner
indicated by TJSB Bank. The User is also responsible for
the accuracy and authenticity of the instructions provided to TJSB
Bank and/or Affiliates and the same shall be considered to be
sufficient to operate the Internet Banking. TJSB Bank
shall not be required to independently verify the instructions,
and the instruction shall remain effective till such time the
same is countermanded by further instructions by the User. TJSB
Bank shall have no liability if it does not or is unable to stop
or prevent the implementation of an instruction which is
subsequently countermanded. Where TJSB Bank considers
the instructions to be inconsistent or contradictory it may seek
clarification from the User before acting on any instruction of
the User or act upon any such instruction as it deems fit. TJSB
Bank states that it has no liability or obligation to keep a
record of the instructions to provide information to the User or
for verifying User's instructions. TJSB Bank may refuse
to comply with the instructions without assigning any reason and
shall not be under any duty to assess the prudence or otherwise
of any instruction and have the right to suspend the operations
through the Internet Banking if it has reason to believe that
the User's instructions will lead or expose to direct or
indirect loss or may require an indemnity from the User before
continuing to operate the Internet Banking.
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| 15.2 |
Any instruction, order, direction, request entered using
the password of the user shall be deemed to be an instruction,
order, directive, request received from the User. All
instructions, requests, directives, orders, directions, entered
by the User, either electronically or otherwise, are based upon
the User's decisions and are the sole responsibility of the
User. The User understands that entering an instruction,
direction, order, request with TJSB Bank, either
electronically or otherwise, does not guarantee execution of
such instruction, direction, order, request. TJSB Bank
shall not be deemed to have received any instruction, direction,
order, request electronically transmitted by the User until it
confirms the receipt of such instruction, direction, order,
request.
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16. Accuracy
of Information
| 16.1 |
The User is responsible for the correctness
of information supplied to TJSB Bank for use of the
Internet Banking / while using any facility of Internet Banking
or through any other means such as electronic mail or written
communication. TJSB Bank accepts no liability for the
consequences arising out of erroneous information supplied by
the User. If the User notices an error in the information
supplied to TJSB Bank either in the application form or
any other communication, he shall immediately advise TJSB
Bank which will endeavour to correct the error wherever possible
on a "reasonable efforts" basis.
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17.
Liability of the User and TJSB Bank
| 17.1 |
Neither TJSB Bank nor the Affiliates
shall be liable for any unauthorised transactions occurring
through the Internet Banking and the User hereby fully
indemnifies and holds TJSB Bank and the Affiliates
harmless against any action, suit, proceeding initiated against
it or any loss, cost or damage incurred by it as a result
thereof. TJSB Bank shall under no circumstance be held
liable to the User if the Internet Banking is not available in
the desired manner for reasons including but not limited to
natural calamities, legal restraints, faults in the
telecommunication network or network failure, or any other
reason beyond the control of TJSB Bank. Under no
circumstances shall TJSB Bank 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, interruption of business or any loss of any
character or nature whatsoever and whether sustained by the User
or by any other person. Illegal or improper use of the Internet
Banking shall render the User liable for payment of financial
charges as decided by TJSB Bank or will result in
suspension of the operations through the Internet Banking.
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18.
Disclaimer of Warranties
| 18.1 |
The 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. |
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| 18.2 |
Except as warranted in the Terms, TJSB Bank
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.
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| 18.3 |
TJSB Bank does not warrant that access to the
Website and Internet 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 Internet Banking. |
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| 18.4 |
TJSB Bank will not be liable for any virus that
may enter the User's system as a result of the User using
Internet Banking. TJSB Bank does not guarantee to the
User or any other third party that Internet Banking would be
virus free. |
19.
Indemnity
| 19.1 |
In consideration of TJSB Bank
providing the User the Internet Banking, the User shall, at his
own expense, indemnify and hold TJSB 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 TJSB Bank may incur, sustain,
suffer or is likely to suffer in connection with TJSB
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 Internet Banking for any
action taken or omitted to be taken by TJSB Bank and /or
the Affiliates, its officers, employees or agents, on the
instructions of the User. The User will pay TJSB Bank
and /or the Affiliates such amount as may be determined by TJSB
Bank and/or the Affiliates to be sufficient to indemnify it
against any such, loss or expenses even though they may not have
arisen or are contingent in nature.
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| 19.2 |
Further, the User agrees, at its own expense, to indemnify,
defend and hold harmless
TJSB
Bank, its directors and employees, representatives, agents, and
its Affiliates against any claim, suit, action or other
proceeding brought against
TJSB
Bank, 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
TJSB
Bank, its directors and employees, representatives, agents, and
Affiliates is based on or arises in connection with the user of
Internet Banking with reference to:
- a violation of the Terms contained herein by the User;
- any deletions, additions, insertions or alterations
to, or any unauthorized use of, Internet Banking by the User;
- any misrepresentation or breach of representation or
warranty made by the User contained herein; or
- any breach of any covenant or obligation to be
performed by the User hereunder.
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| 19.3 |
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, action or
proceeding attributable to any such claim. |
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| 19.4 |
The User hereby agrees that under no circumstances, TJSB
Bank's aggregate liability for claims relating to Internet
Banking, whether for breach of in tort (including but not
limited to negligence) shall be limited to the transaction
charges/fees or consideration paid by the User within the
previous twelve (12) months for Internet Banking, excluding any
amount paid towards transactions.
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20.
Disclosure of Information
| 20.1 |
The User agrees that TJSB Bank
and/or Affiliates or their contractors may hold and process his
personal Information and all other information concerning his
Account(s) on computer or otherwise in connection with the
Internet Banking as well as for analysis, credit scoring and
marketing. The User also agrees that TJSB Bank may
disclose, in strict confidence, to other institutions or
persons, such personal Information as may be reasonably
necessary for reasons inclusive of but not limited to
participation in any telecommunication or electronic clearing
network, in compliance with a legal directive, for credit rating
by recognised credit scoring agencies, for fraud prevention
purposes to regulatory bodies, government agencies, law
enforcement bodies and courts, for legal proceedings to Users
executors, administrator or legal representatives.
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| 20.2 |
In certain circumstances TJSB Bank may not be
able to disclose to the User what personal information is held
about the User including where
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- it will threaten the privacy of other individuals;
- the information relates to anticipated legal
obligations;
- the information relates to anticipated legal
proceedings;
- the information would reveal TJSB Bank’s
commercially sensitive decision making process
- the law prevents TJSB Bank from disclosing the
information
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21. Change
of Terms
| 21.1 |
TJSB Bank shall have the absolute
discretion to amend or supplement any of the Terms at any time
and will endeavour to give prior notice of fifteen days for such
changes wherever feasible. Such change to the Terms shall be
communicated to the User. By using any new services as may be
introduced by TJSB Bank, the User shall be deemed to
have accepted the changed Terms. |
22.
Non-Transferability
| 22.1 |
The grant of Internet Banking to a User is
not transferable under any circumstance and shall be used only
by the User. |
23.
Termination of Internet
Banking
| 23.1 |
The User may request for termination of the
Internet Banking any time by giving a written notice of at least
15 days to TJSB Bank. The termination shall take effect
on the completion of the fifteenth day. The User will remain
responsible for any transactions made through the Internet
Banking until the time of such termination. For the access of
Depository Account through Internet Banking User and TJSB
Bank shall have the right to terminate the applicability Clause
11 of this agreement after giving a notice of at least 10 days
to the other party.
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| 23.2 |
TJSB Bank may withdraw or terminate the Internet
Banking anytime either entirely or with reference to a specific
service or User; or in case of breach of Terms by the User
without a prior notice; or if it learns of the death, bankruptcy
or lack of legal capacity of the User. Clause 13 & 16 shall
survive the termination of the Internet Banking for any reason
whatsoever. |
24. Notices
| 24.1 |
Notices under these Terms may be given by TJSB
Bank and the User 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 TJSB Bank to its corporate office address
as set out hereinabove. In addition, TJSB Bank may also
publish notices of general nature, which are applicable to all
Users in a newspaper or on its web site located at "http://www.tjsbbank.co.in/".
Such notices will have the same effect as a notice served
individually to each User. Notice and instructions will be
deemed served 7 days after posting or upon receipt in the case
of hand delivery, cable, telex or facsimile.
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25.
Governing Law
| 25.1 |
These Terms and/or the operations in the
Accounts of the User shall be governed by the laws of India. The
Parties hereby agree that any legal action or proceedings
arising out of the Terms for Internet Banking shall be brought
in the courts or tribunals at Mumbai in India and irrevocably
submit themselves to the jurisdiction of such courts and
tribunals. TJSB Bank may, however, in its absolute
discretion, commence any legal action or proceedings arising out
of the Terms for Internet Banking in any other court, tribunal
or other appropriate forum, and the User hereby consents to that
jurisdiction. Any provision of the Terms for Internet Banking
which is prohibited or unenforceable in any jurisdiction shall,
as to such jurisdiction, be ineffective to the extent of
prohibition or unenforceability but shall not invalidate the
remaining provisions of the Terms or affect such provision in
any other jurisdiction.
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26.
Applicability To Future
Accounts
| 26.1 |
TJSB Bank and the User agree that if
the User opens further Accounts with/subscribes to any of the
products/services of TJSB Bank or any of the Affiliates,
and TJSB Bank extends the Internet 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 Internet Banking by the User. |
27. General
| 27.1 |
The clause headings herein are only for convenience and do not
affect the meaning of the relative clause.
TJSB
Bank may sub-contract and employ agents to carry out any of its
obligations under this contract. Internet Banking service would
be available to the Users in certain cities only and during
timings specified by
TJSB
Bank from time to time and transactions would be carried out on
the same day or on the next working day depending upon the time
of logging of the transaction. The User would have to ensure
that the equipment used for availing of Internet Banking meets
the criteria as may be specified by
TJSB
Bank from time to time. All costs incurred by the User
including telecommunication costs to use the Internet Banking
would be borne by the User.
As a tool to correct misunderstandings, the User understands,
agrees and authorises
TJSB
Bank, at its discretion, and without further prior notice to
the User, to monitor and record any or all telephone
conversations or electronic communications between the user and
TJSB
Bank and any of its employees or agents.
These terms
and conditions contain
TJSB
Bank's entire agreement (except as otherwise expressly provided
herein) and supersede and replace any previously made
proposals, representations, understandings and agreements,
express or implied, either oral or in writing between the user
and
TJSB
Bank for Internet Banking. The User acknowledges that it has
not relied on any representation made by
TJSB
Bank or any of its employees or agents and has made its own
independent assessment of Internet Banking. No third party will
have any rights or claims under these terms and conditions.
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| 27.2 |
- TJSB Bank and its group companies,
subsidiaries, if any, shall have the paramount right of
set-off and lien, irrespective of any other lien or charge,
present as well as future on the deposits of any kind and
nature (including fixed deposits) held/ balances lying in any
accounts of the User/s, whether in single name or joint
name(s) and on any monies, securities, bonds and all other
assets, documents and properties held by/ under the control of
TJSB Bank and/or its group companies (whether by way
of security or otherwise pursuant to any contract entered/ to
be entered into by the User/s in any capacity) to the extent
of all outstanding dues, whatsoever, arising as a result of
any of TJSB Bank's or its group companies’
services extended to and/or used by the User/s and/or as a
result of any other facilities that may be granted by TJSB
Bank and/or its group companies to the User/s. TJSB
Bank and/ or its group companies are entitled without any
notice to the User/s to settle any indebtedness whatsoever
owed by the User/s to TJSB Bank and/or its group
companies, (whether actual or contingent, or whether primary
or collateral, or whether joint and/or several) hereunder or
under any other document/ agreement, by adjusting, setting-off
any deposit(s) and/or transferring monies lying to the balance
of any account(s) held by the User/s with TJSB Bank
and/or its group companies notwithstanding that the
deposit(s)/ balances lying in such account(s) may not be
expressed in the same currency as such indebtedness. TJSB
Bank's and its group companies’ rights hereunder shall
not be affected by the User/s’ bankruptcy, death or
winding-up. It shall be the User/s’ sole responsibility
and liability to settle all disputes/ objections with any such
joint account holders.
- In addition to the above mentioned right or any other
right which TJSB Bank and its group companies may at
any time be entitled whether by operation of law, contract or
otherwise, the User authorises TJSB Bank: (a) to
combine or consolidate at any time all or any of the accounts
and liabilities of the User with or to any branch of TJSB
Bank and/or its group companies; (b) to sell any of the
User/s’ securities or properties held by TJSB
Bank by way of public or private sale without having to
institute any judicial proceeding whatsoever and
retain/appropriate from the proceeds derived there from the
total amounts outstanding to TJSB Bank and/or it group
companies from the User/s, including costs and expenses in
connection with such sale; and (c) in case of cross currency
set-off, to convert an obligation in one currency to another
currency at a rate determined at the sole discretion of TJSB
Bank and/or its group companies.
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28.
Assignment
| 28.1 |
TJSB Bank shall be entitled to sell,
assign, securitise or transfer TJSB Bank's right and
obligations under the Terms and any security being in favour of
TJSB Bank (including all guarantee/s) to any person of TJSB
Bank's choice in whole or in part and in such manner and on such
terms and conditions as TJSB Bank may decide. Any such
sale, assignment, securitisation or transfer shall conclusively
bind the User and all other persons. The User, his heirs, legal
representatives, executors, administrators and successors are
bound by the Terms. TJSB Bank may sub-contract and
employ agents to carry out any of its obligations under this
contract. However, the User shall not be entitled to transfer or
assign any of his rights and obligations hereunder. |
29. Right of
set-off and Lien
| 29.1 |
TJSB 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/scrips held in the
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 extended
to and/ or used by the User. |
30.
Proprietary Rights
| 30.1 |
TJSB Bank shall make reasonable
efforts to advise from time to time the Internet software such
as browsers, which are required for availing of Internet
Banking. There will be no obligation on TJSB Bank to
support all or any versions of the Internet software as may be
required for offering Internet Banking. The User acknowledges
that the software underlying the Internet Banking 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 TJSB Bank to access
Internet Banking will not convey any proprietary or ownership
rights in such software. The User shall not attempt to modify,
translate, disassemble, decompile or reverse engineer the
software underlying Internet Banking or create any derivative
product based on the software. |
31.
Communications through
Electronic means
| 31.1 |
Documents sent by electronic delivery will
contain all the information as it appears in the printed hard
copy version as prepared and distributed by the originator, with
the possible exception of graphic insertions such as photographs
or logotypes. Electronic delivery may be in the form of an
electronic mail, an attachment to the electronic mail, or in the
form of an available download from the Website. TJSB
Bank would be deemed to have fulfilled its legal obligation to
deliver to the user any document if such document is sent via
electronic means. Failure to advise TJSB Bank of any
difficulty in opening a document so delivered within twenty-four
(24) hours after delivery shall serve as an affirmation
regarding the acceptance of the document.
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32
Copyrights, Trademarks And
Copying Materials
| 32.1 |
Please note that TJSB Bank, http://www.tjsbbank.co.in/
and the logo are exclusive property of the TJSB Bank.
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| 32.2 |
The TJSB Bank has the licence for or own all
copyrights for its internet web site(s) through which the User
accesses the Internet Banking and all trademarks and other
materials used on it.
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