Terms & Conditions Governing Mobile Banking Facility

Terms & Conditions : Mobile Banking
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Definitions:

In this document the following words and phrases have the meaning set below unless the context indicates otherwise:

"Accounts" shall mean bank account and/or credit card account and /or any other type of account so maintained by the Customer with Vijaya Bank or any of its Affiliate for which the Facility is being offered or may be offered in future (each an "Account" and collectively "Accounts");

"Affiliate" of VIJAYA BANK shall mean and include:

  • any company which is the holding company or subsidiary of Vijaya Bank, or
  • a person under the control of or under common control with Vijaya Bank, or
  • any person, in which Vijaya Bank has a direct or beneficial interest or control in more than 26% of the voting securities of such person. For the purpose of this definition of Affiliate and terms and conditions, "control" together with grammatical variations when used with respect to any Person, means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise howsoever; and "Person" means a company, corporation, a partnership, trust or any other entity or organization or other body whatsoever.

"Customer" shall mean a customer of Vijaya Bank or of an Affiliate or any person who has applied for any product/service of Vijaya Bank.

"VIJAYA BANK " shall mean Vijaya Bank , a Banking company constituted under Acquisition and transfer of undertakings Act 1980 and licensed as a Bank under Banking Regulation Act, 1949 and having its registered office at 41/2, M.G. Road, Bangalore 560001. )

"Facility" shall mean mobile banking facility (which provides the Customers, services such as information relating to Account(s), details about transactions and such other services as may be provided on the Mobile Phone Number by Vijaya Bank from time to time.

"Mobile Phone Number" shall mean the number specified by the Customer on the Website, through the call centre or in writing either through any Form provided by Vijaya Bank or otherwise for the purpose of availing the Facility.

"Personal Information" shall mean the information about the Customer obtained in connection with the Facility.

"Website" refers to www.vijayabank.com or any other website as may be notified by Vijaya Bank from time to time.

“Debit Card” refers to the debit cards issued by Vijaya Bank to its customers.
In this document all reference to Customer in masculine gender shall be deemed to include the feminine gender.

Applicability of Terms and Conditions :

These terms and conditions together with the application made by the Customer and as accepted by Vijaya Bank shall form the contract between the Customer and Vijaya Bank, and shall be further subject to such terms as Vijaya Bank may agree with the other service providers . These terms and conditions shall be in addition to and not in derogation of the terms and conditions governing Vijaya Bank Phone Banking, Vijaya Bank Internet Banking and relating to any Account of the Customer and /or any other product/services provided by Vijaya Bank and its Affiliates.

Application :

The Customer shall apply to Vijaya Bank for use of the Facility (and/or for any changes to the options available under the Facility) by use of Vijaya Bank's ATMs or by any other method as provided by Vijaya Bank from time to time including application through forms as prescribed by Vijaya Bank from time to time for use of the Facility.

Application for the Facility made by use of Vijaya Bank's ATMs shall be accepted only after authentication of the Customer through any mode of verification as may be stipulated by Vijaya Bank from time to time as may be decided at the discretion of Vijaya Bank.


Eligible Customer :

The Customer desirous of using the Facility should be either a sole Account holder or authorised to act independently. All or any transactions arising from the use of the Facility in the joint account shall be binding on all the joint account holders, jointly and severally. An Account in the name of the minor, in which a minor is a joint account holder or any account where the mode of operation is joint, is not eligible for the Facility.


Availability & Disclosure :

Vijaya Bank shall endeavor to provide to the Customer through the Facility, such services as Vijaya Bank may decide from time to time. Vijaya Bank reserves the right to decide what services may be offered to a Customer on each Account and such offers may differ from Customer to Customer. Vijaya Bank may also make additions / deletions to the services offered through the Facility at its sole discretion. Only those Accounts opened with the Affiliates of Vijaya Bank and attached to the respective Customer's ID will be accessible through the Facility.

The Facility is made available to the Customer at his request, at the sole discretion of Vijaya Bank and may be discontinued by Vijaya Bank at any time, without notice. Vijaya Bank reserves the right to offer the Facility for those Customers who are availing the services of specific cellular service providers only. The Facility is currently available to only to the Customers holding Accounts with Vijaya Bank's branches in India. Vijaya Bank shall have the discretion to offer the Facility to Non Resident Indians subject to applicable laws

The access of the Customer to the Facility shall be restricted to Customer availing the Facility through the Mobile Phone Number.

The instructions of the Customer shall be effected only after authentication of the Customer by means of verification of the Mobile Phone Number and/or through verification of mPIN/ password allotted by Vijaya Bank to the Customer or through any other mode of verification as may be stipulated at the discretion of Vijaya Bank.
 

Vijaya Bank shall endeavor to carry out the instructions promptly provided that Vijaya Bank , shall not be responsible for the delay in carrying out the instructions due to any reason whatsoever including failure of operational system, failure at mobile operator end or due to any requirement of law.

Authority to Vijaya Bank :

The Customer irrevocably and unconditionally authorises Vijaya Bank to access all his Accounts for effecting banking or other transactions of the Customer through the Facility. The Customer further authorizes Vijaya Bank to share the Account information with Third Party for the purpose of accepting/ executing request of the Customers.

Records :

All records of Vijaya Bank generated by the transactions arising out of use of the Facility, including the time of the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transactions. The authority to record the transaction details is hereby expressly granted by the Customer to Vijaya Bank.


Instructions :

All instructions for availing the services under the Facility shall be provided through the Mobile Phone Number in the manner indicated by Vijaya Bank. The Customer is also responsible for the accuracy and authenticity of the instructions provided to Vijaya Bank and the same shall be considered to be sufficient for availing of the services under the Facility.

Where Vijaya Bank considers the instructions to be inconsistent or contradictory it may seek clarification from the Customer before acting on any instruction of the Customer or act upon any such instruction as it may deem fit. The Customer and Vijaya Bank shall have the right to suspend the services under the Facility if Vijaya Bank has reason to believe that the Customer's instructions may lead to direct or indirect loss or may require an indemnity from the Customer before continuing to operate the Facility.

The Customer accepts that all information /instructions will be transmitted to and /or stored at various locations and be accessed by personnel of Vijaya Bank (and its Affiliates). Vijaya bank is authorised to provide any information or details relating to the Customer or to third party to facilitate the providing of the Facility and so far as is necessary to give effect to any instructions.


Accuracy of Information :

The Customer undertakes to provide accurate information wherever required and shall be responsible for the correctness of information provided by him to Vijaya Bank at all times including for the purposes of availing of the Facility. Vijaya Bank shall not be liable for consequences arising out of erroneous information supplied by the Customer. If the Customer suspects that there is an error in the information supplied by Bank to him, he shall advise Vijaya Bank as soon as possible. Vijaya Bank will endeavor to correct the error wherever possible on a best effort basis.

While Vijaya Bank and its Affiliates will take all reasonable steps to ensure the accuracy of the information supplied to the Customer, Vijaya Bank and its Affiliates shall not be liable for any inadvertent error, which results in the providing of inaccurate information. The Customer shall hold Vijaya Bank harmless against any loss, damages etc. that may incurred / suffered by the Customer if the information supplied to the Customer turns out be inaccurate / incorrect.

Disclaimer of Liability :

Vijaya Bank shall not be responsible for any failure on the part of the Customer to utilise the Facility due to the Customer not being within the geographical range within which the Facility is offered;


If the Customer has reason to believe that his mobile phone number is / has been allotted to another person and / or there has been an unauthorised transaction in his account and / or his mobile phone is lost, he shall immediately inform Vijaya Bank under acknowledgment about the same.
The Customer agrees that Vijaya Bank shall not be liable if

  • a) the Customer has breached any of the terms and conditions herein or
  • b) the Customer has contributed to or the loss is a result of failure on part of the Customer to advise Vijaya Bank within a reasonable time about unauthorised access of or erroneous transactions in the Account; or
  • c) as a result of failure on part of the Customer to advise Vijaya Bank of a change in or termination of the Customer's Mobile Phone numbers.

The Customer agrees that the access to the Facility shall be only through the Mobile Phone Number and any transaction which originates from the same, whether initiated by the Customer or not, shall be deemed to have originated from the Customer.

Under no circumstance, Vijaya Bank shall be held liable if the Facility is not available for reasons including but not limited to natural calamities, legal restraints, system error, faults in the telecommunication network or network failure, or any other reason beyond the control of Vijaya Bank. Vijaya Bank shall not be liable under any circumstances 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 Customer or by any other person. Illegal or improper use of the Facility shall render the Customer liable for payment of financial charges as decided by Vijaya Bank or will result in suspension of the Facility to the Customer.

Vijaya Bank is in no way liable for any error or omission in the services provided by any cellular or any third party service provider (whether appointed by Vijaya Bank in that behalf or otherwise) to the Customer, which may effect the Facility.

Vijaya Bank, does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through the Facility. Vijaya Bank makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the Customer or by any person resulting from or in connection with the Facility.

Without limitation to the other provisions of this terms and conditions, Vijaya Bank, its employees, agent or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the Customer or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of Vijaya Bank in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the telecommunication equipment of the Customer and the network of any cellular service provider and Vijaya Bank's system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the Customer, Vijaya Bank's system or the network of any cellular service provider and/or any third party who provides such services as is necessary to provide the Facility.

Notwithstanding anything in the contrary provided in this terms and conditions, Vijaya Bank shall not be involved in or in any way liable to the Customer for any dispute between the Customer and a cellular services provider or any third party service provider (whether appointed by Vijaya Bank in that behalf or otherwise).

The Customer agrees that Vijaya Bank and / or its Affiliates may hold and process his personal information concerning his Accounts on computer or otherwise in connection with the Facility as well as for analysis, credit scoring and marketing. The Customer also agrees Vijaya Bank may disclose, in strict confidence, to other institutions, such information as may be reasonably necessary for reasons inclusive of but not limited to the participation in any telecommunication or electronic clearing network, in compliance with legal directive, for credit rating by recognized credit scoring agencies, and for fraud prevention.

The Customer shall not interfere with or misuse in any manner whatsoever the Facility and in the event of any damage due to improper or fraudulent use by the Customer, the Customer shall be liable for damages to Vijaya Bank.

The Customer is solely responsible for protecting his Mobile Banking Password Identification Number (PIN)/ Internet Banking or mobile phone number and any password given by Vijaya Bank for the use of the Facility.


Vijaya Bank will not be liable for:

  • any unauthorised use of the Customer's PIN or mobile phone or for any fraudulent, duplicate or erroneous instructions given by use of the Customer's PIN, or mobile phone number;
  • acting in good faith on any instructions received by Vijaya Bank ;
  • error, default, delay or inability of Vijaya Bank to act on all or any of the instructions
  • loss of any information/instructions in transmission;
  • unauthorized access by any other person to any information /instructions given by the Customer or breach of confidentiality;

Vijaya Bank will not be concerned with any dispute between the Customer and any cellular service provider and/ or any third party providing such services, through which the Facility is being provided by Vijaya Bank. Vijaya Bank makes no representation or gives no warranty with respect to the quality of the service provided by any cellular service provider.
 

Vijaya Bank may provide any other services as a part of the Facility and Vijaya Bank shall not be liable for the oversight on part of the Customer to update himself with the addition of services which have been included in the Facility and specific services for each product as may be provided on the website of Vijaya Bank and as will be available with the authorized call centers of Vijaya Bank.


Indemnity :

In consideration of Vijaya Bank providing the Facility, the Customer agree to indemnify and keep safe, harmless and indemnified Vijaya Bank from and against all actions, claims, demands, proceedings, loss, damages, costs, charges and expenses whatsoever Vijaya Bank may incur, sustain, suffer or be put to at any time as a consequence of acting on or omitting or refusing to act on any instructions given by use of the Facility.


The Customer holds Vijaya Bank/ its Affiliates, harmless against any loss incurred by the Customer due to failure to provide the services offered under the Facility or any delay in providing the services due to any failure or discrepancy in the network of the cellular service provider.

The Customer agrees to indemnify and hold Vijaya Bank harmless for any losses occurring as a result of the:

  • the Customer permitting any third parties to use the Facility.
  • the Customer permitting any other person to have access to his mobile phone or as a consequence of leaving the mobile phone unattended or loss of mobile phone.


Fees :

Vijaya Bank shall have the discretion to charge such fees as it may deem fit from time to time and may at its sole discretion, revise the fees for use of any or all of the Facility, by notice to the Customer. The Customer may at any time discontinue or unsubscribe to the said Facility. The Customer shall be liable for payment of such airtime or other charges which may be levied by any cellular service provider in connection with availing of the Facility and Vijaya Bank is in no way concerned with the same. The charges payable by the Customer is exclusive of the amount payable to any cellular service provider and would be debited from the account of the Customer on a monthly basis. The Customer shall be required to refer to the schedule of fees put up on the Website from time to time.


Modification :

Vijaya Bank has the absolute discretion to amend or supplement any of the terms and conditions at any time and will endeavour to give prior notice of fifteen days by email or by displaying on the Website depending upon the discretion of Vijaya Bank, whichever feasible, and such amended terms and conditions will thereupon apply to and be binding on the Customer.

Termination :

The Customer may request for termination of the Facility any time by giving a written notice of at least 15 days to Vijaya Bank. The Customer will remain responsible for any transactions made through his Mobile Phone Number through the Facility prior to the time of such cancellation of Facility

Vijaya Bank may, at its discretion, withdraw temporarily or terminate the Facility, either wholly or in part, at any time without giving prior notice to the Customer. Vijaya Bank may, without prior notice, suspend the Facility at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons, which require the suspension of the Facility. Vijaya Bank shall endeavour to give a reasonable notice for withdrawal or termination of the Facility.

The closure of all Accounts of the Customer will automatically terminate the Facility. Vijaya Bank may suspend or terminate Facility without prior notice if the Customer has breached these terms and conditions or Vijaya Bank learns of the death, bankruptcy or lack of legal capacity of the Customer.

Notices :

Vijaya Bank and the Customer may give notice under these terms and conditions electronically to the mailbox of the Customer (which will be regarded as being in writing) or in writing by delivering them by hand or by sending them by post to the last address given by the Customer and in case to Vijaya Bank at its Head office at Vijaya Bank, 41/2, M.G. Road, Bangalore 560001. In addition, Vijaya Bank shall also provide notice of general nature regarding the facility and terms and conditions, which are applicable to all customers of the Facility, on its Website and/ or also by means the customised messages sent to the Customer over his mobile phone as short messaging service ("SMS"). Such notice will be deemed to have been served individually to each Customer.

Governing Law :

Any dispute or differences arising out of or in connection with the Facility shall be subject to the exclusive jurisdiction of the Courts of Bangalore.

Vijaya Bank accepts no liability whatsoever, direct or indirect for non-compliance with the Laws of any country other than that of India. The mere fact that the Facility can be accessed by a Customer in a country other than India does not imply that the laws of the said country govern these terms and conditions and / or the operations in the accounts of the Customer and / or the use of the Facility.

For suggestions and queries customers can send mail to below mentioned e mail id. mobilebanking@vijayabank.co.in

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