FedBook - Terms & Conditions
In this document the following words and phrases have the meaning set opposite them unless the context indicates otherwise.
BANK refers to The Federal Bank Ltd, a banking company incorporated in India under the Companies Act 1956 and having its registered office at "Federal Towers", Bank Junction, Aluva 683101, Kerala, India and having branches/ offices all over India. The term includes the successors and assigns of The Federal Bank Ltd.
FedBook is the trade name of BANK's Digital Passbook Service, which provides access to account information to the BANK's customers through the mobile phones.
USER refers to a customer (Registered for mobile alerts) of the BANK authorized to use FedBook for availing any of the above services of the Bank.
New User- Resident individuals of Indian nationality who wish to open accounts with any branch of bank on-line through Fed book
ACCOUNT refers to the User's Savings and/or Current Account and/or any other type of account so designated by the Bank to be eligible account (s). All of these accounts should be Primary Account. The USER should be the main account holder and registered for mobile alerts
PERSONAL INFORMATION refers to the information about the USER obtained in connection with the FedBook service.
TERMS refer to Terms and Conditions for use of FedBook as specified in this document.
In this document, all references to the USER being referred in masculine gender will also include the feminine gender.
2. Applicability of TERMS
These TERMS form the contract between the USER and the BANK. By applying for FedBook and accessing the service the USER acknowledges and accepts these TERMS. These TERMS will be in addition to and not in derogation of the terms and conditions relating to any account of the customer.
3. Registration for FedBook
The BANK may offer FedBook to users at its discretion through internet app stores or Banks website. The customer would need to be a current Internet user or have legal access to the Internet and knowledge of how the Internet works. FedBook should be registered on-line through the user's mobile device with registered mobile number. The BANK will forward the FedBook Mobile PIN through SMS service to the registered mobile.
The BANK will advise time to time about FedBook mobile device support.
There will be no obligation on the BANK to support all type of mobile device.
The activation process shall be carried out based on parameters fixed by the BANK from time to time. An SMS shall be initiated from the user's mobile device with registered mobile number, to BANK's application server for verification. Alternatively, if the activation via SMS is not successful, an option will be available to the user for missed call based activation using the button provided in the FedBook, as per which the user can initiate a missed call from his mobile device with registered mobile number to BANK's servers and the call shall be terminated upon successful connection. The user shall bear the costs for the SMS as charged by the respective mobile service provider.
4. FedBook Service
The BANK shall endeavor to provide to the USER through FedBook, services such as enquiry about the balance in his account(s), details about transactions, Statement of Account. These facilities shall be offered in a phased manner at the discretion of the BANK. The BANK may also make additions/deletions to the services offered through FedBook at its sole discretion
The BANK shall take reasonable care to ensure the security of and prevent unauthorized access to the FedBook SERVICE using technology reasonably available to the BANK.
The USER shall not use or permit to use FedBook or any related services for any illegal or improper purposes.
5. FedBook Access
The USER would be allotted MPIN by the BANK in the first instance. The USER can change the MPIN assigned by the BANK through FedBook. As a safety measure the USER shall change the MPIN as frequently thereafter as possible.
6. Joint Accounts
The FedBook SERVICE will be available in case of joint accounts only for the Primary account holder
7. Accuracy of Information
If the USER notices an error in the account information supplied to him through FedBook or by the use of any of the FedBook services, he shall advise the BANK as soon as possible.
8. Liability of the USER and the BANK
The USER shall be liable for some or all loss from unauthorized information's in the FedBook accounts if he has breached the TERMS or contributed or caused the loss by negligent actions such as the following:
* Keeping a written or electronic record of FedBook PIN
* The personal information lose from the mobile device due to device or telecommunication security breach.
* Disclosing or failing to take all reasonable steps to prevent disclosure of the FedBook MPIN to anyone including BANK staff and/or failing to advise the BANK of such disclosure within reasonable time.
* Not advising the BANK in a reasonable time about unauthorized access to or erroneous transactions in the FedBook accounts.
The BANK shall not be liable for any unauthorized information sharing through the use of FedBook which can be attributed to the fraudulent or negligent conduct of the USER.
The BANK shall in no circumstances be held liable to the USER if FedBook access is not available in the desired manner for reasons including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or Internet or network failure or power failure, software or hardware error or any other reason beyond the control of the BANK. Under no circumstances shall the 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, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the USER or any other person.
The USER shall indemnify and hold the BANK harmless against any loss suffered by the BANK, other customers or a third party or any claim or action brought by a third party which is any way the result of the improper use of the FedBook by the USER and due to other factors beyond the control of the Bank.
10. Disclosure of the PERSONAL INFORMATION
The USER agrees that the BANK or its contractors may hold and process his PERSONAL INFORMATION on mobile or otherwise in connection with FedBook 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:
* for participation in any telecommunication or electronic clearing network
* in compliance with a legal directive
* for credit rating by recognized credit scoring agencies
* for fraud prevention purposes
11. Proprietary Rights
The USER acknowledges that the software underlying the FedBook SERVICE as well as other Internet related software which are required for accessing FedBook are the legal property of the respective vendors. The permission given by the Bank to access FedBook will not convey any proprietary or ownership rights in the above software.
The USER shall not attempt to modify, translate, disassemble, de-compile or reverse engineer the software underlying FedBook or create any derivative product based on the software.
12. Change of Terms and Conditions
The Bank has the absolute discretion to amend or supplement any of the TERMS at any time and will endeavor to give prior notice of fifteen days for such changes wherever feasible except for changes to interest rates and/or other variations that are subject to market changes. The Bank may introduce new services within FedBook from time to time. The existence and availability of the new functions will be notified to USER as and when they become available. The changed terms and conditions applicable to the new FedBook services shall be continued to the USER. By using these new services, the USER agrees to be bound by the Terms and Conditions applicable.
13. Non Transferability
The grant of facility of FedBook to a USER is not transferable under any circumstances and shall be used only by the USER.
14. Termination of FedBook Service
The BANK may withdraw the FedBook facility provided to a USER at anytime without assigning any reason and no prior notice shall be required to given to the USER in this regard. The User shall remain responsible for any transactions made on his FedBook account(s) through FedBook prior to the time of such cancellation of the FedBook Service.
If the FedBook service is withdrawn by the BANK for a reason other than the breach of the terms and conditions by the USER, the Bank's liability shall be restricted to the return of the annual charges, if any, recovered from the USER for the period in question.
The closure of all FedBook accounts of the USER will automatically terminate the FedBook service.
The Bank may suspend or terminate FedBook facilities without prior notice if the USER has breached any of these terms and conditions or the Bank learns of the death, bankruptcy or lack of legal capacity of the USER.
Notices under these Terms and Conditions may be given by the BANK and the USER, electronically to the mail box 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 and in the case of the BANK to the address mentioned below:
The Federal Bank Limited, FedBook Services, Registered Office: Aluva, Kerala, India 683 101.
In addition, the BANK may also publish notices of general nature, which are applicable to all USERS of FedBook on its web site. Such notices will have the same effect as a notice served individually to each USER.
16. Governing Law
The rights and obligations of the Parties under, or pursuant to, this terms and conditions shall be under the exclusive jurisdiction of the courts located at Ernakulam District, Kerala. These 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 FedBook 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 non-compliance with the laws of any country other than the Republic of India. The mere fact that the FedBook Service can be accessed through Internet by a USER 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 FedBook accounts of the USER and/or the use of FedBook.
The clause headings in this agreement are only for convenience and do not affect the meaning of the relative clause.
The USER shall not assign this agreement to anybody else. The BANK may sub-contract and employ agents to carry out any of its obligations under this contract. The BANK may transfer or assign its rights and obligations under this contract to any company.
18 Account opening through FedBook
· The facility provides opening of savings account for Resident Indian individuals only. The process flow for opening of the account on-line through FedBook is as provided in the on-line application form
· The account number allotted to the New User on filling up the online application shall be in debit freeze status to avoid any unauthorized transactions . Transactions shall be permitted in the account post activation of the account after completion of all account opening formalities. In case documents submitted/uploaded by the New User do not comply with the KYC guidelines of the Bank, Bank is entitled to reject the application of the New User and Bank will not be liable to pay any interest on amounts , if any , deposited in the account by the New User and the amounts so deposited shall be refunded by the Bank to the source account.
· In case the New User fails to complete the account opening formalities within 30 days of filling up of the on-line application, the Bank reserves the right to reject the account opening request and disable the ‘Fed Book " facility granted to New User, without further notice.
· The New User shall make initial payment to the account opened with the Bank only from an account held in his own name with any other bank
· The Bank shall have the unfettered right to close the account if it comes to the notice of the Bank or the Bank has a reasonable apprehension that any information submitted or representation made by the New User is false /in correct/misleading."
· The New User agrees and acknowledges that the Bank may at its sole discretion and without notice to the New User discontinue/terminate/cancel /modify the account opening service if in the opinion of the Bank continuation of the service is prejudicial to the interests of the Bank and Bank shall not be liable to the New User for any consequences including but not limited to compensation for loss , if any, incurred by the New User due to closure of the account .
· The New User shall indemnify and keep the Bank indemnified against any loss /damage/expenses that may be suffered /incurred by the Bank on account of dishonor of cheques after the closure of account.