In this document the following words and phrases have the meaning set opposite them unless the Context indicates otherwise:
Bank refers to Bank of Baroda, a banking company having its head office at Mandvi, Baroda, Gujarat, India with the Sydney Branch at Suite 701,702, Level-7, 265 Castlereagh Street, Sydney NSW 2000.
E-Banking is the Bank’s Internet Service, offering the various facilities to the Corporate User such as Accounts enquiry, Statement of account and other requests, etc. alerts, financial modelling and other facilities as the bank may decide upon to provide from time to time.
User refers to any individual user availing Internet banking facility of the Bank and such user is identified as a Corporate User.
Account refers to the User’s Savings and / or Current Account and / or Time Deposit and / or Cash Credit, Overdraft, Loan Account and / or any other type of account as available in the Bank to be covered under the E-Banking facility.
Terms refer to terms and conditions for use of E-Banking as detailed in this document.
2. Applicability of terms:
These Terms form the contract between the User and the Bank. By applying for access to E-Banking and utilizing the various services so offered, the User acknowledges and accepts these Terms. These Terms will be in addition and not in derogation of the terms and conditions relating to any Account of the User.
3. A) Application for E-banking:
The Bank may extend E-Banking facility to selected customers at its discretion. The User must be a current legal Internet user. The application form for E-Banking may either be downloaded and printed from the Bank’s website or the same can be received from any branch of the Bank.
The said form is to be filled up and duly signed by the User and submitted to the branch of the Bank. Upon receipt of request in the bank’s prescribed application form for internet banking and subject to the satisfaction of the eligibility criteria laid down by the Bank from time to time, internet banking access shall be provided to the User by the Bank. The User shall not attempt or permit others to attempt accessing the account information stored in the bank’s computers through any means other than E-Banking. The User shall not attempt or permit others to attempt accessing the account information stored in the bank’s computers which does not relate to the User’s Account or for illegal or improper purposes which, if done and proved to be so, will be liable for action under the appropriate law and withdrawal of the E-Banking facility.
The Bank shall provide all instructions for operating the E-Banking facility to the User. The User is also responsible for the accuracy and authenticity of the instructions so provided to the Bank and the same shall be considered to be sufficient to operate the internet banking facility. The Bank shall not be required to independently verify the instructions and the instruction once given is effective unless countermanded by further instructions. The Bank shall have no liability if it does not or is unable to stop or prevent the implementation of the initial instructions. Where the Bank considers the instructions to be inconsistent or contradictory, it may seek clarification from the User or may act upon such instructions as it may think fit at its sole discretion.
C) Level of Access- Initially Bank is only providing the viewing access to all the accounts a customer holds with the bank. The features like funds transfer and bill payments etc. will be added at a later stage and solely depend on the Bank’s discretion.
The Bank will advise from time to time the Internet software (such as Browsers) which are required for using E-Banking. There will be no obligation on the Bank to support all the versions of this Internet software. The User shall upgrade his software, hardware and the operating systems at his own cost from time to time and the Bank shall be under no obligation to support the software, hardware, or operating systems of the User and the same shall be the sole responsibility of the User.
5. Joint Accounts:
E-banking facility can be availed by the following persons for a Corporate User:
2) Joint account holders with operating instructions as Self, Either or survivor,
Anyone or survivors or survivor clause
A User who wishes to use the E-Banking facility must authorize a single signatory to act independently to operate the E-Banking Account notwithstanding the fact that the joint accounts are operated on either or Survivor / Anyone or Survivors or survivor. The said E-Banking User must submit the Bank’s prescribed authority form duly signed by all accountholders who, in the normal course, must operate the Accounts as per the operating instructions.
All transactions arising from the use of E-Banking in the above Account shall be binding on the account holders jointly and severally. The Bank, in no way, shall be liable for any loss / damages whatsoever that may be incurred or alleged to be incurred by the said account holders in such an event.
6. Accounts in the names of minors:
In case of Accounts opened for and on behalf of minors, the minor’s natural guardian shall undertake to give all instructions relating to the operation of the Account and further undertake not to reveal the User ID and Password to the minor which, if done so, will be at the risk and consequences of the guardian and the Bank shall not be liable for any loss on that account in case the Account is operated by the minor. In such an event the transaction will be deemed to have been undertaken by the guardian.
The Bank shall take adequate and reasonable care to ensure the security of and prevent unauthorised access to the E-Banking service using 128 bit Secured Socket Layer which is the highest level of security available for the internet banking services.
The User accepts and unconditionally agrees to the following:-
i) Upon approval of the account holder’s application, the customer will be allotted a User ID and password to access the E-Banking facility.
ii) The User ID and password will be mailed separately by the Bank to the mailing address in terms of the option exercised by the customer in the Application Form.
iii) The password so mailed will not be disclosed to anyone, including the Bank staff. In the event of the mails containing User ID and password reaches the customer in a tampered or damaged condition, the User must contact the Bank immediately.
iv) On accessing E-Banking for the first time, the User must compulsorily change the password assigned by the Bank through the relevant option. The User is at liberty to change the password as many times as possible at his or her own risk. The User will be solely responsible for maintaining secrecy of the password so changed, and the Bank shall in no way be responsible for the misuse of the said password by any person other than the authorised User.
v) The Bank does not assume any responsibility in this behalf including against loss incurred by the User as a result of the misuse or unauthorised use of any User ID / password.
vi) If the User forgets the password, a new password may be obtained from the Bank against a written request in the prescribed Bank’s format available on Internet or from the Bank’s branch. Such replacements shall not be deemed as the commencement of new contract. In such an event the Bank shall provide the new password within a reasonable period of time.
The Bank reserves the right to charge and recover from the User a fee (if such fee is fixed at the time of the provision of the services) for providing any service under E-Banking facility. The User hereby authorises the Bank to recover the service charges by debiting one of the accounts of the User to make the payment within a specified period. However, there are no charges levied to the customers for E-banking services at present.
10. Mailing Address:
All correspondence or delivery of any instructions by the Bank or their communication shall only be made at the normal postal address or e-mail address as registered with the Bank. The Bank shall in no way be held responsible for non-receipt of the same.
11. Transaction Processing:
> No Bill payments.
> No Funds transfer.
Initially Bank of Baroda (Sydney Branch) is not giving any access for internet transaction processing as a safety measure for both the Customer and Bank but the features like transfer of funds, bill payments etc. will be added in the internet banking at a later stage which depends on the discretion of Bank.
12. Authority to the Bank:
E-Banking monitoring access to a customer will be permitted only after authentication of the User Id and Password of the User. Illegal or improper use of the E-Banking facility shall render the User liable for payment of financial charges as decided by the Bank or will result in the suspension of the operations through E-Banking. The display or printed output that is produced by the User at the time of operation of E-Banking is a record of the operation of all the transactions.
13. Accuracy of Information:
The User is responsible for the correctness of information provided to the Bank through the use of E-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 provided by the User. The User shall at periodic intervals check the correctness of the statement and shall inform the Bank about any discrepancies that may occur. However, the Bank does not accept any liability for any such discrepancies. All outputs of statements are duplicate statements of account and will be prepared by electronic means and the information contained therein will be extracted from a computerised back-up system maintained by the Bank. While the Bank will take all reasonable steps to ensure the accuracy of the statement, the Bank is not liable for any error. The User shall hold the bank harmless against any loss, damages, etc. that may be incurred or suffered by the User if the information contained in the above said outputs turns out to be inaccurate or incorrect.
14. Liability of the User:
The User alone shall be liable for any loss from unauthorised transactions in the E-Banking Accounts if he has breached the terms or contributed or caused the loss by negligent actions such as the following:
The User shall indemnify and hold the Bank harmless against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses whatsoever which the Bank may at any time incur, sustain, suffer or be put to as a consequence of or by reason of arising out of providing E-Banking facility or by reason of the Bank in good faith taking or refusing to take or omitting to take action on any instruction given by the User.
16. Disclosure of Personal Information:
The User agrees that the Bank may hold and process his Personal Information on computer or otherwise in connection with E-Banking services as well as for statistical analysis and credit scoring. The User 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:
· participation in any telecommunication or electronic clearing network.
· compliance with a legal directive,
· credit rating by recognized credit rating / scoring agencies
· fraud prevention purposes.
The user agrees that above disclosures do not constitute a breach of privacy principles under the Privacy Act 1988.
17. Bank’s Lien:
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 User’s Accounts whether in single name or joint name(s), to the extent of all outstanding dues, whatsoever, arising as a result of the E-Banking service extended to and/or used by the User.
18. Proprietary Rights:
The User acknowledges that the software underlying the E-Banking service as well as other Internet related software which are required for accessing E-Banking are the legal property of the respective vendors. The permission given by the Bank to access E-Banking will not convey or confer any proprietary or ownership rights in the above software. The User shall in no way try to alter, tamper with or experiment with the said program. Any breach on the part of the User will be dealt under the appropriate law and the User shall be liable for damages that may be incurred by the Bank. The User shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying E-Banking or create any derivative product based on the software.
19. Change of Terms and Conditions:
The Bank has the absolute discretion to amend or supplement any of the Terms at any time without prior notice to each User about the same. The changes so made will be available on the website of the Bank which the customers are requested to refer to from time to time. Proposed and existing Users to the services are advised to confirm themselves about the terms and conditions contained therein to take note of any changes, modifications and/or amendments which may be made to the scheme from time to time by the Bank. The bank may introduce new services within E-Banking from time to time. The existence and availability of the new functions will be displayed on the bank’s website along with the revised/changed terms and conditions applicable to such other E-Banking services. By using the services, it is deemed that the User agrees to be bound by the terms and conditions applicable.
The grant of facility of E-Banking to a User is not transferable under any circumstance and shall be used only by the User who will be responsible for all the consequences thereof.
21. Cancellation or Termination of e-banking:
The User may request for cancellation of the E-Banking facility any time by giving a reasonable notice to the Bank. The User will remain responsible for any transactions made in his/her accounts through E-Banking prior to the time of such cancellation of the E-Banking Service as informed by the Bank after accepting such request. The Bank may withdraw the E-Banking facility anytime provided the User is given reasonable notice. The closure of all accounts of the User will automatically terminate the E-Banking service. The Bank may suspend or terminate E-Banking facilities without prior notice if the User has committed breach of these terms and conditions or the Bank learns of the death, bankruptcy or legal incapacity of the User.
The Bank and the User may give notices under these Terms and Conditions:
> Electronically to the mailbox of either party. Such notices will be regarded as being in writing.
> In writing by delivering them by hand or by sending them by post to the last address given by the User.
In addition, the Bank may also publish notices of general nature, which are applicable to all Users of E-Banking on its web site. Such notices will have the same effect as a notice served individually to each User and or that of a notice published in a newspaper of print media.
23. Governing Law:
The terms and conditions and/or the operations in the Accounts of the User maintained by the Bank and/or the use of the services provided through E-Banking shall be governed by the appropriate laws as prevalent in Australia. The User and the Bank agree to submit to the exclusive jurisdiction of the Courts located in Australia as regards any claims or matter arising under these terms and conditions. Any dispute or difference arising between the User and the Bank shall be settled by mutual good faith consultation and discussion, failing which, the same shall be referred to Arbitration. The Arbitration proceedings shall be governed and conducted in accordance with the Arbitration Act 1974 and such Arbitration proceedings shall take place in Sydney, Australia.
The Bank accepts no liability whatsoever, direct or indirect, for non-compliance or breach of the laws of any country other than Australia. The mere fact that the E-Banking Service can be accessed through Internet by a User in a country other than Australia shall not be interpreted to imply that the laws of the said country shall govern these Terms or the operations in the E-Banking Accounts of the User or the use of E-Banking. The use of the E-Banking facility by a person from any place other than Australia will not alter the situation and the said User shall be deemed to have submitted himself to the laws of Australia and only Australian courts shall have the jurisdiction.
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.