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BASEL III DISCLOSURES as on 31 March 2019
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Corporate FedMobile - Terms and Conditions
In this document, the following words and phrases have the meaning set below unless the context indicates otherwise:
The "Bank" shall mean The Federal Bank Ltd, a banking company within the meaning of Companies Act, 2013, having its registered office at Federal Towers, Aluva -683101, Ernakulam, Kerala.
"Customer" or "Entity" shall mean a customer of the Bank, either a natural person or a Non-Individual Entity which can be Sole Proprietorship, Partnership, Company, Trust or Association, who has requested for Corporate FedMobile service and/or will be availing such service and shall also include User and External User, wherever the context so requires.
"Account(s)" shall mean bank account and /or any other type of account so maintained by the Customer with The Federal Bank Ltd or any of its Affiliate for which the Facility is being offered or may be offered in future (each an "Account" and collectively "Accounts").
"Facility" or "Corporate FedMobile" shall mean mobile banking facility provided by the Bank, which enables the customers to access specified banking services including information relating to their Account(s), transaction details and such other services as may be made available by the Bank from time to time.
"Corporate FedMobile App" - Mobile application (similar to FedMobile) available in Android and IOS for doing mobile banking transactions herein referred as Mobile App.
"Corporate FedMobile Web" - Web based application (similar to FedNet and Corporate FedNet) for doing banking transactions digitally herein referred as Web Application or Web App.
"Corporate Customer ID" - Customer ID number available in the records of the Bank, opened in the name of entity.
"Corporate ID" - User ID for the entity, set or preferred by the entity for the purpose ofavailing Corporate FedMobile services, which will be linked to the ‘Corporate Customer ID'.
"Mobile Phone Number" or "Mobile Number" shall mean the last updated mobile number of the Customer or the last updated mobile number of the User, as may be applicable, in the records of the Bank, used by the customer to register for the Facility.
"User" – A natural person who uses the Mobile Application and has privilege to operate the account(s) pertaining to the entity. All Users should have a valid Customer ID registered with the Bank linked to Customer ID of the entity or ‘Corporate Customer ID'. All users should have a valid mobile number registered with the bank.
"User ID" - User ID set by users for the purpose ofavailing Corporate FedMobile services. Every User ID will be linked to a valid customer ID of the user in the Bank's records.
"External User" – Anatural person and an employee or otherwise authorizedby the entity, who has a limited privilege to view and initiate transactions in the web version of Corporate FedMobile (‘Corporate FedMobile Web'). External Users need not have a valid Customer ID in Bank's records.
"External User ID" - User ID preference given for the purpose ofavailing Corporate FedMobile facility for external users. External User ID will be linked to Corporate ID.
"Registering Entity"–A natural person who does registration process on behalf of the entity and users of the entity. Registering entity need not have a valid Customer ID in the Bank's records. Registering entity can be authorized operators of the account or an employee or other person duly authorized by the entity.
"Personal Information" shall mean the information about the Customer obtained in connection with the Facility.
"MPIN" shall mean the Personal Identification Number (Password) for the facility.
"Alert(s)" means the customised messages sent to the Customer over his mobile phone number as short messaging service ("SMS") in response to the Triggers sent by the Customer.
"Triggers" means the customised triggers that are required to be set by the Customer with The Bank which shall enable The Bank to send the Alerts relating to his Account.
"Mobile Banking Menu" shall mean the options in the Corporate FedMobile App which can be installed on the mobile phone handset to access information pertaining to the Account(s), by keying in digits representing the relevant menu options.
"GPRS" shall mean the General Packet Radio Service.
In this document, all reference to Customer in masculine gender shall be deemed to include the feminine and neutral genders.
APPLICABILITY OF TERMS AND CONDITIONS
These terms and conditions together with the application made by the Customer and as accepted by The Bank shall form the contract between the Customer and The Bank, and shall be further subject to such terms as The 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 the Telebanking facility, FedNet, ATM/ Debit Card Facility and those relating to any Account of the Customer and /or any other product/services provided by The Bank and its Affiliates.In addition to the terms and conditions contained herein all the terms and conditions governing the use of "FedMobile", the mobile banking service of The Federal Bank Ltd , shall also be applicable to and binding on the "Corporate FedMobile" customer/s and the authorized user/s to the extent the same are not inconsistent with the terms and conditions contained herein.
"The Customer shall apply to the Bank for availing the Facility (and/or for any changes to the options availing under the Facility) in the specified application form and/or by any other method as provided by the Bank from time to time for use of the facility. The Bank may provide an option to the Customers to apply for the Facility through the FedMobile Application by authentication with FedNet/ATM credentials. Application for the Facility shall be accepted only after authentication of the Customer through any mode of verification as may be decided at the discretion of the Bank.
1. All KYC Compliant customers having satisfactory runningCurrent/Overdraft/Cash Credit accounts can avail of this service.
2. The facility will be available in case of account of a Customer operated singly or jointly. For jointly operated account, the facility will be provided to some or all the Users only after the Customer specifically authorizes the respectiveUsers to avail the Facility.
1. The last updated mobile number in the records of The Bank would be the registered Mobile number for the facility. The Customer agrees to use the facility on a Mobile Phone properly and validly registered in his/ her name only with the Mobile Service provider and undertakes to use the Facility only through Mobile number which has been used to register for the Facility.
2. Currently, Mobile Banking Facility is not offered for two Mobile numbers for the same user.
3. All accounts linked to a same Customer ID can be registered for the Facility, but the primary Current/Overdraft/Cash Credit account of the customer will be the Primary account of the Facility.
4. The Bank reserves the right to reject a customer's application for the Facility without assigning any reasons.
5. Entering the wrong MPIN thrice will block the Facility to the account for the day and three such consecutive blockages will deactivate the customer and the customer should re-register for the facility as per the procedure laid down for the same.
6. The Customer is responsible for intimating to The Bank any change in his Mobile Phone Number or email address or Account details and The Bank will not be liable for sending Alerts or other information over the Customer's mobile phone number/email address /fax number recorded with The Bank.
USE OF THE FACILITY
1. The Bank shall be entitled to use hardware, software and/or such other equipments as may deem fit by the Bank and modify the same as necessary or appropriate for providing the services. The Customer may also be required to modify/upgrade its systems/mobile devices/network to comply with the standards of the payment mechanisms (then in force) and the standards applicable to the various services provided by the Bank.
2. The Entity is free to choose a Corporate ID/User ID and the authorised User is free to choose a Password/MPIN of their choice as per the guidelines provided by the Bank. However, if due to technical or other reasons, Bank decides that the IDs/password/MPIN chosen by the Registering Entity/Authorised User cannot be allotted to him/her, the Registering Entity/Authorised User will have to choose another ID/password/MPIN. The Authorised User is advised to avoid choosing a password that is a dictionary word or is guessable/ inferable from personal data such as name, date of birth, address, telephone number, driving license/car number etc.
3. In the interest of customer safety, the system does not permit retrieval of a lost or forgotten Password. In case the Authorised User forgets his/herPassword, the authorized user will have to register for a duplicate password and a fresh Password will be issued to the authorized user.
4. In case of an unintended termination of a valid session due to break in Internet Connectivity/and /or mobile network connectivity, it is suggested that the Authorised User login afresh and verify the status of last requested transaction and ensure that it has been recorded successfully and correctly.
5. Transactions originated by the Users are logged and transmitted to the concerned Bank Branch database for fulfilment. The requests take effect from the time these are recorded / registered at the respective branch where the customer/ corporate is maintaining the account.
6. The bank presupposes and the Customer acknowledges that log-in using appropriate User ID and Password/MPIN is a valid session initiated by none other than the Authorised User to whom the said User ID and Password/MPIN belongs. The Bank shall rely upon all electronic communications, orders or messages to the Bank through the registered mobile number and the Bank shall take it for granted that the originator of the communication is the Authorised User to whom the User ID/Password has been issued.
7. The Bank is not bound to enquire as to whether or not the Authorised User has been duly authorised to access the Corporate FedMobile Service on behalf of the Customer by an appropriate or competent authority of the Customer/Corporate. Accordingly, a person using the Corporate FedMobile Service on behalf of the Customer shall be presumed by the Bank to have the authority to have access to the Corporate FedMobile Service.
8. Notwithstanding anything contained herein, where the Bank has reason to believe that any transaction/debits or marking of liens, have been fraudulently made (hereinafter referred to as a "suspect transaction"), the Bank shall be entitled to withhold payment pertaining to such suspect transaction in accordance with the regulatory laws relating to Money Laundering etc. If the Bank determines after due enquiry and investigation that the transaction is a valid transaction and not a suspect transaction, the Bank shall release such withheld payment. Provided that the Bank shall not withhold payment to the Customer without sufficient cause, which shall be informed by the Bank to the Customer on the finding of such sufficient cause. Provided further that if within the period of 6(six) months the Bank determines after due enquiry and investigation that any suspect transaction is not a valid transaction at all, the Bank shall reverse the invalid transaction, consequently the Customer shall be liable to the bank for the resulted outstanding balance, if any.
9. The Authorised User must keep the User ID and Password/MPIN strictly confidential and known only to himself. It is a good practice to commit the password/MPIN to memory rather than write it down somewhere. The Bank shall not be responsible for loss sustained by the Customer due to breach of this condition. The Authorised User is also cautioned against leaving the mobile device during a valid session and/or permit use of the mobile device by third parties.
10. The grant of Corporate FedMobile facilities to the customer through its authorized users is not transferable under any circumstances and shall be used only by the customer.
AVAILABILITY & DISCLOSURE
The Bank shall endeavour to provide to the Customer through the Facility, such services as The Bank may decide from time to time. The 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. The Bank may also make additions / deletions to the services offered through the Facility at its sole discretion. The Facility is made available to the Customer at his request, at the sole discretion of The Bank and may be discontinued by The Bank at any time, without notice. The Bank shall have the discretion to offer the Facility to Non-Resident Indians subject to applicable laws. 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 The Bank to the Customer or through any other mode of verification as may be stipulated at the discretion of The Bank.
All instructions for availing the services under the Facility shall be provided through the Mobile Phone Number in the manner indicated by The Bank. The Bank shall be entitled to act upon the instructions of the Customer provided through Users/External Users and the Bank shall not be under any obligation to seek any confirmation or clarification from the Customer before acting on any instruction of the Customer provided through Users/External Users. The Customer and The Bank shall have the right to suspend the services under the Facility if The 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 The Bank (and its Affiliates). The 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. The Customer accepts that each Alert may contain certain Account information relating to the Customer. The Customer authorises The Bank to send Account related information, though not specifically requested, if The Bank deems that the same is relevant. The Bank shall not be held responsible for the confidentiality, secrecy and security of the Personal or Account information being sent through the Facility.
FUND TRANSFER FACILITY
If fund transfer service is made available to the Customer through the Facility, it may be used for transfer of funds from Account/s to other accounts belonging to third parties or Customer himself maintained at The Bank and/or at any other Bank which falls under the network of Reserve Bank of India's Electronic Fund Transfer or National Electronic Fund Transfer system or Real Time Gross Settlement or Immediate Payment Service or such other permissible medium. In such an event, the terms applicable to such facilities, in addition to this facility, shall be applicable. Bank has the right to impose limits/cap on transaction (per transaction, daily, weekly, monthly), transaction velocity limit, etc. as may be decided by the Bank from time to time and such transaction limits shall be notified on the website of the Bank.
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 The Bank at all times including for the purposes of availing of the Facility. The 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 The Bank as soon as possible. The Bank will endeavour to correct the error wherever possible on a reasonable effort basis. While the Bank will take all reasonable steps to ensure the accuracy of the information supplied to the Customer, The Bank shall not be liable for any inadvertent error, which results in the providing of inaccurate information. The Customer shall hold The 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. 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.
AUTHORITY TO THE BANK
The Customer irrevocably and unconditionally authorises The Bank to access all his Accounts for effective banking or other transactions of the Customer through the Facility. The Customer further authorizes The Bank to share the Account information with Third Party for the purpose of accepting/ executing request of the Customers.
The Customer agrees that The 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 The 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 authorises Bank and its agents to send any message or make calls to his mobile phone to inform him about any promotional offers including information regarding banks' new products either now available or which the Bank may come up with in the future, greetings or any other message that the Bank may consider appropriate to the user.
The User irrevocably and unconditionally agrees that such calls or messages made by the Bank and or its agents shall not be construed as a breach of the privacy of the user and shall not be proceeded against accordingly.
The Bank shall have the discretion to charge 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, and the same shall be displayed on the Website which shall constitute sufficient 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 The 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. The Customer shall be required to refer to the schedule of fees put up on the Website from time to time.
1. The Bank and its group companies 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 other Account/s of the Customer maintained with the Bank and / or Affiliates, 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 the Bank and/or Affiliates (whether by way of security or otherwise pursuant to any contract entered/ to be entered into by the Customer in any capacity) towards the satisfaction of the Customer's liability under the Facility. The Bank and/ or Affiliates are entitled without any notice to the Customer, to settle any indebtedness whatsoever owed by the Customer to the Bank and/or Affiliates, (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 Customer with the Bank and/or Affiliates notwithstanding that the deposit(s)/ balances lying in such Account/s may not be expressed in the same currency as such indebtedness. The Bank's and its Affiliates' rights hereunder shall not be affected by the Customer's bankruptcy, death or winding-up. It shall be the Customer's sole responsibility and liability to settle all disputes/ objections with any such joint account holders.
2. In addition to the above mentioned right or any other right which the Bank and its Affiliates may at any time be entitled whether by operation of law, contract or otherwise, the Bank is authorized / will be entitled: (a) to combine or consolidate at any time all or any of the Accounts and liabilities of the Customer with or to any branch of the Bank and/or its Affiliates; (b) to sell or otherwise dispose off any of the Customers' securities or properties held by the Bank by way of public or private sale or otherwise without having to institute any judicial proceeding whatsoever and retain/appropriate from the proceeds derived there from the total amounts outstanding to the Bank and/or to the Affiliates from the Customer, including costs and expenses in connection with such sale or disposal;
The Bank has the absolute discretion to amend or supplement any of the terms and conditions at any time and any such amendment or revision to these terms and conditions shall be displayed on the Website, which shall constitute sufficient notice to the Customer. Such amended terms and conditions will thereupon apply to and be binding on the Customer.
The Customer may request for termination of the Facility any time by giving a written notice of at least 30 days to The 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.
The 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. The 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. The Bank shall endeavour to give a reasonable notice for withdrawal or termination of the Facility.
The Bank may suspend or terminate Corporate FedMobile facilities without prior notice to the customer if the customer or the authorized user has breached any of the terms and conditions contained herein or any modifications effected to the same or the Bank learns of the death, bankruptcy, lack of legal capacity or existence of any dispute affecting the customer which in the opinion of the Bank is having a bearing on permitting operation of the account through the Corporate FedMobile facility granted to the customer. The closure of the of the customer will automatically terminate the Corporate FedMobile facility.
The Bank and the Customer may give notice under these terms and conditions electronically (which will be regarded as being in writing)through e-mail. Any such notice shall be sent / received by the Customer through his e-mail id registered with the Bank. Any notice to the Bank may be forwarded to the e-mail id of the Bank, which is email@example.com. The Bank and the Customer may also give notice 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 The Bank at its office at The Federal Bank Ltd. Registered Office, Federal Towers, Aluva, Ernakulum District, Kerala, 683101. In addition, The 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 / User over his mobile phone number as short messaging service ("SMS"). Such notice will be deemed to have been served individually to each Customer.
All records of The 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 The Bank.
DISCLAIMER OF LIABILITY
The 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; Under no circumstance, The 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 The Bank. 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 The Bank under acknowledgment about the same.
The Customer agrees that The Bank shall not be liable if
1. the Customer has breached any of the terms and conditions herein or
2. the Customer has contributed to or the loss is a result of failure on part of the Customer to advise The Bank within a reasonable time about unauthorised access of or erroneous transactions in the Account;
3. as a result of failure on part of the Customer to advise The Bank of a change in or termination of the Customer's Mobile Phone numbers. The 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 The Bank in that behalf or otherwise) to the Customer, which may affect the Facility.
4. The Customer has not informed the Bank, at the earliest opportunity, about the suspension or termination of the authority of any of the users or external users to view/access/operate the account(s) of the entity.
The Bank does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through the Facility. The 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, The 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 The 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 The Bank's system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the Customer, The 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, The 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 The Bank in that behalf or otherwise). 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 The Bank.
The Customer is solely responsible for protecting his Mobile Banking Personal Identification Number (MPIN) mobile phone number and any password given by The Bank for the use of the Facility. The Bank will not be liable for:
(a) any unauthorised use of the Customer's MPIN, mobile phone or for any fraudulent, duplicate or erroneous instructions given by use of the Customer's MPIN or mobile phone number;
(b) acting in good faith on any instructions received by The Bank;
(c) error, default, delay or inability of The Bank to act on all or any of the instructions
(d) loss of any information/instructions in transmission;
(e) unauthorized access by any other person to any information /instructions given by the Customer or breach of confidentiality;
(f) any unauthorized transaction in the Account as a result of any other issue/default/error/technological problem in the telecommunication instrument (such as the mobile handset) or duplication of mobile number / SIM of the Customer such as but not limited to SIM card cloning, virus/malware in handset etc.
The Bank may provide any other services as a part of the Facility and The 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 The Bank and as will be available with the authorized call centres of The Bank.
In consideration of The Bank providing the Facility, the Customer agree to indemnify and keep safe, harmless and indemnified The Bank from and against all actions, claims, demands, proceedings, loss, damages, costs, charges and expenses whatsoever The 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 The 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 The Bank harmless for any losses occurring as a result of:
i. the Customer permitting any third parties to use the Facility.
ii. 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.
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 the facility shall be governed by the laws of the Republic of India and no other nation • The BANK accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than the Republic of India. The mere fact that the Facility can be accessed by a Customer in a country other than India shall not be interpreted to imply that the laws of the said country govern these terms and conditions and/or the operations in the Facility accounts of the USER/Entity and/or the use of the facility. Any dispute between Customer and the Bank with regard to the transactions done through Corporate FedMobile will be subject to the jurisdiction of the competent Courts where the concerned Bank branch maintaining the Account of the Customer is located.
The Bank may, at its sole discretion, utilize the services of external service provider/s or agent/s and on such terms as required or necessary, in relation to its products/services.
Customer/Authorised User understands that the Bank, IBA, RBI or any other regulators will never ask me/us to divulge the user-id, password or other personal credentials through email or other means. Bank or any of the regulators shall not be responsible for any loss that Customer /Authorised User may incur/have incurred due to divulging of Username/ password/other confidential information by Customer/Authorised User.