DBS iBanking - Terms and Conditions
DBS iBanking - Terms and Conditions
Terms & Conditions for use of Internet Banking Services ("Banking Services")
These Terms & Conditions (T & Cs for iBanking/T&C) govern and apply to the use of the iBanking Services.
In these Terms and Conditions "you" and "your" mean the customer and Authorised User and the guardian of a minor in case of the customer being a minor. "We","our" and "us" refers to DBS Bank Ltd. and its successors and assigns or to any "Affiliate" (as defined in clause 78 below) if any services are being provided by an Affiliate under these Terms and Conditions. You must confirm that the iBanking Services shall be used only by you.
You and the Authorised User agree that in the event you and the Authorised User avail of any services / facilities offered by DBS Bank Ltd. through the Channel, you and the Authorised User shall be bound by all the Terms and Uonditions pertaining to such services / facilities, offered by DBS Bank Ltd. By clicking on the "I agree" button, you agree to be legally bound by these T&Cs.
- 1.The iBanking Services facilitate access to information of Account(s) and to carry out certain banking services (including but not limited to, funds transfer, selected payment and investment services, bill payment, and applications for new services) by electronic means, subject to these Terms and Conditions as may be amended or replaced from time to time.
- 2.We will provide iBanking Services to you only if you have an active Account(s)which we deem to be eligible and a valid and existing mobile number, mailing and email address and the same is available with us in our record. If at any time you cease to have an eligible Account or fail to provide an updated mobile number or address, we reserve the right to deny you access to the iBanking Services.
Charges and Fees
- 3.We reserve the right to and may at our sole discretion, charge and revise fees (for example, subscription fees, per transaction fees etc.) in relation to the use of the iBanking Services and for the provision of or any replacement of Security Codes for whatever reasons from time to time. We shall, in most cases, give reasonable notice of such days as may be prescribed by the Reserve Bank of India from time to time, to you, for any change in the rates, fees and charges before they become effective provided that such variation is within our control. The obligation to give you advance notice does not apply if variations are required in an emergency or where it is not practicable to give such advance notice.
- 4.You authorise us to debit your Account(s) for all fees for the provision and/or use (authorised or unauthorised) of the iBanking Services and any other liabilities to, and loss, damage or expense suffered by us as a result of our provision and/or your use (authorised or unauthorised) of iBanking Services (including your liability to us under Clause 59).
- 5.If any payment has been made by us as a result of your use or purported use of iBanking Services:
- and the Account was consequently debited, but the debit was reversed in error or the Account was not debited at all; or
- after any payment instruction was given on the Account but before such payment instruction has been honoured,
- then we shall be entitled to correct the Account by (i) debiting the Account with the amount paid by us; or (ii) by dishonouring or returning cheques or other instruments and reversing the payment instruction, if there are insufficient funds available in the Account, as the case may be.
- 6.If the Account has insufficient available funds to meet any request for payment of monies or to satisfy any liability, we may (but are not bound to) grant you over draft to meet such payment or liability. You undertake to pay interest and charges at such rates or amounts as determined by us.
- 7.Where an Electronic Instruction, or the debiting or crediting of any Account in connection with an Electronic Instruction, requires the conversion of one currency into another, we are authorised to effect such conversions at the rate determined by us and/or Providers.
- 8.If GST is charged on any payment, you will pay such GST in addition to all sums payable and indemnify us against any payment we are required by law to collect and make in respect of such GST. We may debit the Account for such GST, including default interest payable in the same manner as may be provided in these Terms and Conditions or in any related agreement for over draft facilities, and / or any other charges, as we may prescribe from time to time, even if such debiting results in the Account becoming overdrawn.
- 9.You understand that any access to the iBanking Services may also be subject to and governed by the relevant laws and regulations of that country from which the iBanking Services are accessed. You shall have free access to ibanking services except with respect to the stop payment facility which shall be charged. DBS has the right to amend or supplement this term at any time without prior notice and at its absolute discretion. The amended terms and conditions will be displayed on DBS website.
- 10.You shall be responsible for all fees, charges and expenses (including and not limited to charges such as roaming charges for overseas usage, and other charges which may be imposed by your telecommunications service provider) in connection with the use of the iBanking Services.
Conditions of Use
- 11.You agree to use the iBanking Services solely in accordance with these Terms and Conditions and only for your personal use. You are also required to follow the notices, guidelines and other instructions (such as operating rules and policies) relating to the use of the iBanking Services, the Security Codes and variations to these Terms and Conditions (See Clause 66).
- Services may be accessed through different devices. The iBanking Services may be made available through different devices (for example, personal computers, mobile devices, handsets and kiosks), and so the features of iBanking Services may vary and access and use of the iBanking Services may be subject to the specific conditions of use for the different devices.
We have the discretion from time to time to determine the type, specifications and/or configuration of telecommunications equipment acceptable for the purpose of providing the iBanking Services.
- We may, from time to time, impose transaction limits (such as minimum/maximum transaction amounts) in connection with the iBanking Services or vary the frequency or manner of use of the iBanking Services.
- 12.You agree and undertake:
- not to use any equipment, device, software or material which you know or have reason to suspect contains any viruses, malicious code or damaging components which may interfere with the operation of the iBanking Services or corrupt data or software on or provided through the iBanking Services;
- not to transmit any materials or information through the iBanking Services which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses, malicious code or damaging components; and
- to use the iBanking Services in conformity with all applicable laws, the acceptable use policies of any connected computer networks and any applicable Internet standards.
Maintenance of Sufficient Balance
- 13.You shall ensure that there are sufficient funds (or prearranged credit facilities) in any Account for transaction through iBanking and we 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 we shall at our sole discretion, be entitled to carry out the instructions notwithstanding such inadequacy without seeking the prior approval from or notice to you and you shall be responsible to repay with interest the resulting overdraft, advance or credit thereby created and for all related costs and charges. We may withdraw the provision of iBanking, 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 you and/or without incurring any liability or responsibility whatsoever by reason of such withdrawal.
Other applicable terms
- 14.In addition to these Terms and Conditions, other Terms and Conditions may also apply to you:
- The use of iBanking Services is also subject to the Account Terms. If there is any conflict or inconsistency between these Terms and Conditions and the Account Terms, these Terms and Conditions will prevail with respect to iBanking Services;
- Certain services which we offer are only available if you request for such service in the manner prescribed and the use of these services offered or made available to you, within or through the iBanking Services may be subject to additional Terms and Conditions ("Additional Terms") that we may notify you of, from time to time, by such notification method as we may choose, including through the iBanking Services, in local newspapers, in displays at our branches or via publication through any media. Such Additional Terms shall be effective on and from the date specified in the notice. You will be required to indicate your acceptance of the Additional Terms prior to use of these services; and
- The use of certain products and services which we make available or offer or which our Providers make available or offer to you through the iBanking Services, may be subject to additional terms and conditions which will apply in full force and effect. In respect of third party products and services, under no circumstances should we be construed to be a party to any transaction, if any, between you and any third party products or services provider. We do not endorse, sponsor, certify, and are not involved in the provision of such third party products or services and we shall not be liable in any way for any products obtained and/or purchased from or services rendered by any such third party. You shall not involve us in any claims against or dispute with such third party.
- 15.The iBanking Services may not be available to you for security and/ or technical reasons and for which we may not give you prior notice or reason.
- 16.The iBanking Services may be withdrawn for security and/ or technical reasons without giving you any reason or notice. You may terminate the iBanking Services by giving us seven (7) days prior written notice. Termination will not affect any rights or obligations accrued prior to the effective date of termination. Upon termination, you will not use or attempt to use the Security Codes.
Security Codes & Security Devices
- 17.Use of the iBanking Services will require the use of Security Codes. Your Security Codes may be dispatched by us, at your risk: by mail to your address maintained in our record; to your mobile phone number recorded with us or in such other manner as we may prescribe. You agree to hold us harmless if any other person obtains possession of any of your Security Codes. Security Codes for your Authorised Users will be issued directly to your Authorised User and such issuance will be subject to these Terms and Conditions as applicable to the Authorised User in their personal capacity.
- 18.You are responsible for the confidentiality and use of your Security Codes. It is vital that you take steps to prevent disclosure or discovery of the Security Codes provided to you as you are liable for financial loss incurred or Transactions carried out in connection with any unauthorised use of the Security Codes and you may not claim against us in respect of any such use or purported use.
- 19.You must notify us immediately if you have lost any of your Security Devices or have knowledge or have reason for suspecting that the confidentiality of the Security Codes have been compromised or if there has been any unauthorised use of the Security Codes (such as where you notice any unauthorised transactions or unauthorised access to your Accounts through the iBanking Services) or your Security Code has got disabled after a number of incorrect password attempts upto such number as may be intimated by us to you from time to time. You may notify us of the loss/theft or unauthorized use by calling our 24 hour Customer Service Hotline at 18002094555 / 91-44-66854555 or by notifying us in writing by visiting the branch nearest to you during the working hours on working days of the branch or such other modes as may be acceptable to the Bank. After receipt of any such notice from you, we may suspend or cancel your use of the iBanking Services. You shall not be liable for any transactions carried out after we have been notified of the loss, theft or copy by calling on Hotline or upon receipt of the notice if we have been notified in writing. Following the occurrence of any event referred to in this Clause, we may at our discretion issue replacement Security Codes within such time as may be intimated by us from time to time and charge a replacement fee and this shall not be construed as the commencement of a new contract.
- 20.We may at our sole discretion require you to use and shall issue to you, replacement Security Codes.
- 21.All Security Devices provided to you are and will remain our property and you must return all Security Devices promptly upon our request or upon cancellation or termination of the iBanking Services. Security Devices must not be altered, tampered with, disassembled or in any way copied or modified, and must not be dealt with or exploited in any way without our written authorisation.
- 22.You acknowledge and confirm that any person (such as a mandate holder ) that you have authorised to access and/or use the iBanking Services in relation to your Account (all such persons to be collectively referred to as the "Authorised Users"), are severally empowered and authorised to give orders or instructions through the iBanking Services on your behalf and shall act, without prejudice to any other capacity which such person may be transacting under, as your agent when accessing and/or using the iBanking Services, in relation to your Account. All use and/or access of the iBanking Services by the Authorised Users shall be deemed your use. All references to your use of the iBanking Services shall be deemed to include the Authorised User's use and/or access where applicable. You shall procure and ensure that each of your Authorised Users is aware of, subject to and complies with these Terms and Conditions in relation to your Account. If any Authorised User to whom the Security Codes are given is no longer authorised to use the iBanking Services in relation to your Account, you shall immediately notify us in writing in the manner provided for in clause 74 herein below.
- 23.You shall notify us immediately upon receipt of any data or information which is not intended for you and you shall delete such data or information from your telecommunications device or equipment immediately.
- 24.Section 3 of the information Technology Act 2000 prescribes the procedure for authentication of electronic records, which states that a subscriber may authenticate an electronic record by affixing his digital signature and section 5 provides legal recognition to digital signature for authentication of electronic records. However, we have adopted the mode of authentication by means of verification of the Security Code or through any other mode of verification as may be stipulated at our discretion, which are not recognized under the Information Technology Act 2000 for authentication of electronic records. Therefore you are solely responsible to maintain the secrecy and confidentiality of the Security Code without any liability on us in this regard.
Funds Transfer Through iBanking
- 25.Funds transfer to other accounts. If funds transfer is made available to you, it may be used for transfer of funds from Account to other accounts belonging to third parties maintained at DBS Bank Ltd. and/or at any other bank. In the event such transfer of funds is from the Account to accounts belonging to third parties maintained at any other bank, which falls under the network of Reserve Bank of India's Electronic Fund Transfer system, then the same shall be governed by the Terms and Conditions applicable to National Electronic Funds Transfer (NEFT) / Real Time Gross Settlement (RTGS) of the Reserve Bank of India as provided on our website. You shall be responsible for keying in the correct account number and IFSC Code for the fund transfer request. In no case DBS Bank Ltd. will be held liable for any erroneous transactions incurred arising out of or relating to your entering wrong account number and/or IFSC Code. DBS Bank Ltd. will endeavour to affect funds transfer transaction received through iBanking subject to availability of sufficient funds in the Account and confirmation of payee registration by you (i.e. confirmation to whom you will transfer funds). DBS Bank Ltd. shall specify from time to time the limit for carrying out various kinds of funds transfer or any other services through iBanking. This facility will be provided in accordance with the arrangement between DBS Bank Ltd., its Affiliates and Providers and as per conditions specified by DBS Bank Ltd. from time to time.
Terms and Conditions for Transfers between Non Resident Accounts
- 25A.By agreeing to be bound by these T & Cs for iBanking, you undertake that the transfers initiated by you and the transactions undertaken by you for either Non Resident External (NRE) Account or Non Resident Ordinary (NRO) Account or Foreign Currency Non Resident(FCNR) Account shall be in accordance with the requirements of Foreign Exchange Management Act, 1999 ("FEMA and all subsequent rules, regulations, notifications, directions, amendments or orders made thereunder. As per the declaration under Section 10 (5) of FEMA, you agree to abide by and be bound by all foreign exchange transactions as may be initiated by you from time to time. You confirm that the transactions shall not involve and shall not be designed for the purpose of any contravention or evasion of the provisions of FEMA or of any rule, regulation, notification, direction or order made thereunder. You also agree to undertake to give such information/documents as will reasonably satisfy us about the transaction in terms of the above declaration. You also understand that if you refuse to comply wholly or partly with any such requirement we shall, if we have reason to believe that any contravention / evasion is contemplated by you, report the matter to RBI. You also agree to be aware that relying upon your declaration we may not insist upon your giving specific declaration-cum-undertakings in case of each such transaction. You also undertake to strictly operate and use the iBanking Services in accordance with the Exchange Control Regulations as laid down by RBI or any other authority from time to time.
- Bill Payment
- The following are the Terms and Conditions which govern the Bill Payment Facility:
- You agree and accept the Bill Payment Facility is/shall be provided on your Account by us at your request.
- You agree to provide your correct identification details as registered with the billing company. You agree to indemnify us from any liability due to incorrect information in this regard. You also agree to communicate to us any change in identification details as registered with the billing company within the time specified by us from time to time.
- You consent to the billing company disclosing your billing details to us.
- While we will take all reasonable steps to ensure the accuracy of the billing details, we will not be liable for any error. You shall not hold us responsible for any loss, damages, etc. that may be incurred / suffered by you if the information provided by you or the Provider turns out to be inaccurate / incorrect.
- You agree that any disputes on bill details will be settled directly with the billing company and our responsibility is limited to provision of information received from the Provider.
- You shall make bill amount payments as required by the biller and shall not hold us responsible for the biller rejecting the bill amount because of incorrect or incomplete entries.
- You agree that the record of the instructions given and transactions with us shall be conclusive proof and binding for all purposes and can be used as evidence in any proceeding.
- You agree that we are at liberty to withdraw at anytime the bill payment facility, or any services provided thereunder, in respect of any or all the Account(s) without assigning any reason whatsoever, without giving me / us any notice.
- You acknowledge and recognize that DBS Bank Ltd is merely providing a platform for Bill Payment Services and in no way responsible and liable for any charges including late payment charges, loss, duplicate or incorrect payments made from your Account.
- 26.You agree to be bound by any access or use of the iBanking Services (whether such access or use are authorised by you or not) which are referable to your Security Codes or those of your Authorised User. You agree and acknowledge that any use of or access to the iBanking Services referable to your Security Codes or those of your Authorised Users and any Electronic Instructions shall be deemed to be, as the case may be:
- use of or access to the iBanking Services by you or your Authorised Users; or
- Electronic Instructions transmitted or validly issued by you or your Authorised Users.
- You further agree that we, our Affiliates and the Providers shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you or your Authorised Users and you waive all rights and remedies against us, our Affiliates and the Providers in respect of any loss, damage or expense thereby arising. You will be responsible and shall be liable for all Transactions.
- 27.We, our Affiliates and the Providers are under no obligation to investigate the authenticity or authority of persons affecting the Electronic Instructions or to verify the accuracy and completeness of the Electronic Instructions. Accordingly, we, our Affiliates and the Providers may treat the Electronic Instructions as valid and binding on you notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in the terms of the Electronic Instructions.
- 28.Any risk of misunderstanding, error, loss, damage or expense resulting from the use of the iBanking Services are entirely at your own risk and we shall not be liable therefor.
- All Electronic Instructions will be deemed to be irrevocable and unconditional upon transmission through the iBanking Services and we shall be entitled (but not obliged) to affect, perform or process such Electronic Instruction(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances you may request to cancel or amend the Electronic Instructions which we will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, we are not obliged to give effect to any request to cancel or amend any Electronic Instruction. In the event you give an instruction to debit your Account for payment of an amount from the Account, the instruction shall be executed on a real time basis unless otherwise specified by us. Hence, you shall not be able to give any instruction to us to stop the payment from the Account and the amount debited from the Account shall not be reversed to the Account. However, if you have scheduled a transaction to be processed on a future date and wish to cancel the transaction and / or give any instructions to us to stop the payment from the Account, you shall be required to make such cancellations / give stop payment instructions online two business days prior to the scheduled date of the transaction. If you have scheduled a transaction to be processed on a future date and such future date is a holiday in our branch where you maintain your Account(s), such transactions shall be executed on the next Business Day.
- 29.Unless otherwise provided, all Electronic Instructions are deemed "instructions" (as such term is used in the prevailing Terms and Conditions Governing Accounts) and accordingly shall be subject to the prevailing Terms and Conditions Governing Accounts which will apply in full force and effect to all Electronic Instructions.
- 30.You acknowledge and agree that we may at any time:
- at our sole discretion and without stating reasons, require that you identify yourself by alternative means;
- require any Electronic Instructions to be confirmed through alternative means (in writing given in person at a branch, by fax, and etc.);
- decline to act on the Electronic Instructions at any time without prior notice or giving any reason, including to:
- refrain from acting promptly upon any Electronic Instructions in order to verify the authenticity thereof; or
- decline to act on the Electronic Instructions where they are ambiguous, incomplete or inconsistent with your other Electronic Instructions or instructions, information and / or data; or
- decline to act on the Electronic Instructions which may have lapsed, been rendered invalid due to failure to comply with applicable conditions or are cancelled by the relevant regulatory or governmental body; or
- decline to act where any Electronic Instructions would cause you to exceed your applicable transaction or Account limits; or
- decline to act where any Electronic Instructions would result in any insufficiency of funds; or
- determine the order of priority in effecting the Electronic Instructions, the Transactions and other existing arrangements you have made with us (for example, cheques, standing orders and funds transfer to other accounts.),without incurring any responsibility for loss, liability or expense arising out of so declining to act.
- 31.You agree and acknowledge that Electronic Instructions may not be processed immediately, around the clock or in a timely manner, and that we will not thereby be liable for any loss, damage or expense.
- 32.You shall be solely responsible for ensuring the accuracy, adequacy and completeness of the Electronic Instructions and we shall not be obliged to verify the accuracy, adequacy and completeness of such instructions. You agree that we shall not be liable for any loss, damage or expense suffered by you as a result of:
- Electronic Instructions being inaccurate, inadequate or incomplete in any way; or
- any failure, refusal, delay or error by any third party through whom any such Electronic Instruction is transacted.
- 33.Where we choose to act on Electronic Instructions, we act on a commercially reasonable effort basis and are not responsible for any acts and omissions while acting in a reasonable manner in discharging the Electronic Instructions.
- 34.Notwithstanding the termination of the iBanking Services (see Clause 15), we may (but are not obliged to) carry out any outstanding Electronic Instructions made prior to the termination of the iBanking Services.
- 35.Where you are using your Security Codes in relation to the account of another person (such as where you are accessing or using the iBanking Services as a mandate holder), you agree:
- that these Terms and Conditions shall apply to any such use; and
- that you shall be bound by and shall comply with all other Terms and Conditions applicable to you in connection with such use (including being responsible for payments thereunder).
Consent to disclosure / Provision of information
- 36.You consent to us and / or any of our personnel disclosing any Information, whether in India or otherwise:
- to any of our Affiliates or Providers who have a legitimate business purpose for obtaining such information, including offering you products or services in connection with or to facilitate the use of the iBanking Services or for risk management purposes;
- to any of our Providers, Affiliates or any other third party as we may consider necessary in order to give effect to any Electronic Instructions or Transaction or to comply with any order or request of any court or government or regulatory authority in any jurisdiction;
- to any person using the iBanking Services purporting to be you or your Authorised User where such disclosure is reasonably regarded by us to be necessary to complete any Transaction or to carry out the Electronic Instructions; and
- to any other joint account holder of your Account;
- to any information gathering or processing organisation or department conducting survey(s) on our behalf;
- to any Provider for the purpose of or in connection with the sale, supply, marketing or promotion of any services or products or investigating any complaint or dealing with any query relating to the sale, supply, marketing or promotion of any services or products; and
- to the Police or other governmental or regulatory authorities, credit bureaus for the purpose of making a report or facilitating any investigation.
- Our authority to disclose Information as set out in this Clause shall survive the termination of the iBanking Services.
- 37.Neither we nor any of our personnel shall be liable for any loss, damage or expense suffered by you as a result of :
- any disclosure of any Information which you have consented to us and/or any of our personnel disclosing; or
- any access by a third party to Information obtained through your use of the iBanking Services.
- 38.You will provide us with any information or documentation that we may reasonably request relating to your use of the iBanking Services and shall cooperate with us in any related investigation or litigation. You shall be responsible to notify us in the event of a change of your mailing address, email address, mobile number, otherwise we shall have the right to rely on your last known such address and mobile number.
- 39.You shall be responsible for obtaining and using the necessary software and / or device, hardware and / or equipment necessary to obtain access to the iBanking Services at your own risk and expense.
- 40.You acknowledge the following Internet-related risks:
- Insufficient technical knowledge and lack of safety precautions can make it easier for unauthorised third parties to access your systems or devices (for example, insufficiently protected storage of data on the hard disk, file transfers and monitor emissions), and it is your responsibility to take the necessary security precautions.
- Your usage patterns may be monitored by third parties.
- Third parties could gain unnoticed access to your computer system and detect your access to the iBanking Services and your communications with us.
- Viruses and other malicious code may interfere with the iBanking Services, the Channel, the web browser or any relevant telecommunication device or computer systems.
- 41.For your convenience, the iBanking Services may include, refer to or make available hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not responsible for the contents of or the consequences of accessing any such linked website, nor for any goods or services provided through any such linked websites.
- 42.Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
Information available through the Channel
- 43.Neither we, the Providers nor the Affiliates shall be liable to you (whether based on an action or claim in contract, negligence, tort or otherwise) for any decision made or action taken by you in reliance on or use of any information, images, links, sounds, graphics, video, software or other materials, including quotes, news and research data, made available through the iBanking Services (collectively the "Content").
- 44.All Content is made available for information purposes only, except where expressly provided otherwise. Specifically, such Content is not intended nor shall it be construed as financial, tax or other advice or as an offer, solicitation or recommendation of securities or other financial products. You acknowledge and agree that the Content is provided by us for your personal use and you undertake not to redistribute or transmit all or any of the Content to any third party (whether free of charge or for consideration, in any manner or form whatsoever), without our prior written consent.
- 45.Account Balance and Transaction History: The data or information relating to the Accounts provided by us (statements of accounts etc.) via the iBanking Services may not be conclusive as to the latest current balance as certain transactions may have been made without the relevant entry being made in time when the data or information is provided. The data or information provided is therefore not binding except where expressly stated. Further, the information provided to you through iBanking is not updated continuously but at regular intervals. Consequently, any information supplied through iBanking will pertain to the date and time when it was last updated and not as the date and time when it is supplied to you.
- 46.At our discretion, we may, upon your request, allow you to receive specific and timely prompts (collectively, the "Alerts") in respect of certain Content provided by us from time to time. Each Alert may be notified by e-mail, pop-up screen in your browser and / or mobile devices (if and when launched) (supported by certain service provider(s) only) subject to the relevant terms and charges of your network or mobile phone service provider(s). You agree and acknowledge that an Alert may be delayed or prevented by factors affecting the service providers, stock exchanges, currency markets, and other relevant entities and we do not guarantee the delivery, timeliness or accuracy of the Alert. You also acknowledge that the information in respect of any Alert may be subject to certain time lags and / or delays. We reserve the right to vary the features of any Alert and / or to terminate any request for any Alert at any time. We shall not be liable to you or anyone else for losses, damages or expenses arising from (a) non-delivery, delayed delivery or wrong delivery of an Alert; (b) inaccurate or incomplete content of an Alert; or (c) use or reliance by you on the contents of an Alert for any purpose, including investment and business purposes.
- We may also send you Alerts notifying you of transactions conducted on your Account, and the nature of transactions for which Alerts are generated, the timing thereof and mode of notification shall be determined at our discretion.
Limits of Responsibility and Liability
- 47.Provided that you have notified us in reasonable detail and in a timely manner of any problems experienced in the use of the iBanking Services, the Security Codes and the Content, we will use commercially reasonable efforts to correct such problems within a reasonable period of time (but without further liability if we are unable to do so). Notwithstanding the aforesaid provision or any other provision of this Part, the Channel, the iBanking Services, the Security Codes and the Content are provided on an "as is" and "as available" basis. Neither we nor our licensors (including contributors of articles, reports, surveys and news) warrant the accuracy, adequacy, completeness, timeliness, quality, currency, reliability, performance, or continued availability of the iBanking Services, the Security Codes or the Content and each of us and our licensors (including contributors of articles, reports, surveys and news) expressly disclaim liability for errors or omissions or any delays in the delivery of the Content, or for any action taken in reliance on the Content. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the iBanking Services, the Security Codes or the Content.
- 48.We may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the Channel, the iBanking Services, the Security Codes, the methods available for access to the iBanking Services, or any information, services or products provided therein and shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing the iBanking Services. The information provided through the iBanking Services including the specifications, prices, availability and other details of the products and services provided through the iBanking Services may be modified, deleted, or replaced from time to time and at any time at our absolute discretion.
- 49.We do not warrant that the iBanking Services or any of the Content or the Security Codes will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no warranty is given that the iBanking Services, the Security Codes and the Content is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.
- 50.We do not warrant the security of any information transmitted by you or to you through the iBanking Services or via email or mobile phone and you acknowledge and accept the risk that any information transmitted or received through the Channel and the iBanking Services or via email may be lost, altered, misused or accessed by unauthorised third parties.
- 51.We, our Affiliates and the Providers shall in no event be liable to you or any other person for;
- any direct, indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use the Channel, the iBanking Services, the Content, or reliance on the Content, howsoever caused and regardless of the form of action (including tort or strict liability);
- any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and / or
- any loss or damage arising as a result of improper usage or malfunction of any computer or mobile phone or other telecommunications equipment used to access the iBanking Services or incompatibility thereof with our systems.
- even if we are advised of, or otherwise might have anticipated, the possibility of such loss, damage or expense.
- 52.We shall be under no liability for any damage, loss or expense, or for any obligation to pay or reimburse interest to you for unsuccessful crediting or debiting of money through the use of the iBanking Services
- We shall not be liable to you for losses, damages or expenses arising from non-delivery, delayed delivery or otherwise relating to delivery of the Security Code.
- 53. You acknowledge that the intellectual property rights in or to the Channel, the iBanking Services and the Content are owned by us, our Affiliates, or the Providers.
- 54.No part or parts of the Channel, the iBanking Services or any Content may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission. You may view, print or use the Content for personal, non-commercial use only, provided further that you do not modify the Content and that you retain all copyright notices and other proprietary notices contained in the Content.
- 55.The trade marks, service marks, and logo (the "Trade Marks") used and displayed on or through the Channel or the iBanking Services are registered and unregistered Trade Marks of ours and others.
- 56.Nothing on the Channel or the iBanking Services should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trade Marks displayed on or through the Channel or the iBanking Services, without our written permission.
- 57.You acknowledge and agree that our records and any records of the Electronic Instructions or the Transactions, or any record of transactions relating to the operation of the iBanking Services and any record of any Transactions maintained by us or by any relevant person authorised by us relating to or connected with the iBanking Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any Electronic Instructions, information and / or data transmitted using iBanking Services. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or are produced by or were the output of a computer system, and you hereby waive any of your rights (if any) to so object.
- 58.As a tool to correct misunderstandings, you understand, agree and authorise us at our discretion and without further prior notice to you, monitor and record any or all telephone conversations or electronic communications between you and us and any of our employees or agents.
- 59.You agree and undertake to fully indemnify us, our Affiliates, service providers, subcontractors, and agents, and to hold each of the aforementioned parties harmless, from and against all liabilities (including settlement sums), losses, charges and expenses (including legal fees and disbursements on a solicitor-client basis), claims, demands, actions and proceedings which we, our Affiliates, service providers, subcontractors and agents may incur, suffer or sustain directly or indirectly from or by reason of or in relation to the use, misuse or purported use or misuse of the iBanking Services, and shall pay such monies to us upon our demand.
- 60.In case of Joint Accounts, transactions through iBanking, shall be available only if the mode of operation is indicated as 'either or survivor' or 'anyone or survivor'. For such joint accounts, one user-id and password for iBanking will be issued to each of the joint account holders when requested. The other joint account holders shall expressly agree with the arrangement and give their consent on the application form for use of iBanking. In case of joint accounts operated by more than one user, we shall act on the instruction received first and any subsequent instruction shall be executed in the order the instructions are received and shall be subject to sufficient funds in the Account. All correspondence will be addressed to the first account holder only. All transactions arising from the use of iBanking in the joint account shall be binding on all the joint account holders, jointly and severally.
- 61.We may at any time require all joint account holders to expressly give their consent to us in such manner as we deem appropriate before we choose to act upon any Electronic Instruction in relation to any joint account.
- 62.You acknowledge and agree that we may suspend or terminate your access to (including your ability to view) any joint account of yours through the iBanking Services.
- 63.You acknowledge and agree that we are entitled to decline to act upon any Electronic Instructions in respect of any joint account without incurring any responsibility for loss, liability or expense arising out of so declining to act.
- 64. We reserve the right to use any service providers, subcontractors and / or agents on such terms as we think appropriate.
- 65.You acknowledge that you have not relied on any representation made by us or any of our employees, Affiliates, service providers, subcontractors or agents and have made independent assessment of iBanking. Except for our Affiliates, service providers, subcontractors and agents, no person or entity who is not a party to these Terms & Conditions shall have any right to enforce these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms and Conditions.
- 66.We may by notice through the Channel or by such other method of notification as we may designate (which may include notification by way of e-mail), vary these Terms and Conditions, such variation to take effect on the date specified by us (which shall generally be no less than thirty (30) days from the date of the notice). If you use the iBanking Services including any new services after such date, you are deemed to have accepted such variation and such amended Terms and Conditions shall be binding on you. If you do not accept the variation, you must stop using the iBanking Services and terminate the iBanking Services. Our right to vary these Terms and Conditions in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to this Terms & Conditions.
- 67. We, our Affiliates and Providers shall not be liable for any non-performance, error, interruption or delay in the performance of any obligations under this Part or in the Channel's or the iBanking Services' operation, or for any inaccuracy, unreliability or unsuitability of the iBanking Services and / or the Content if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes acts of God, natural disasters, acts of terrorism, embargoes, epidemics, acts of any government or authority, power failures, and the acts or a party for whom we, our Affiliates or Providers are not responsible for).
- 68.These Terms and Conditions are governed by Indian law. You irrevocably submit to the exclusive jurisdiction of the Courts of Mumbai, India.
- 69.If at any time any provision of these Terms and Conditions shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed here from.
- 70.Our waiver of any of the covenants to be performed by you or any breach by you shall not be construed to be a waiver of any succeeding breach by you or of any other covenant. Our rights and remedies in these terms and conditions are cumulative and not exclusive of any other rights or remedies provided by law.
- 71.We agree that if you open further accounts with / subscribe to any of the products / services of DBS Bank Ltd. or any of its Affiliates or Providers and DBS Bank Ltd. extends iBanking to such accounts or products or services and you opt for use thereof, then these Terms and Conditions (as may be amended from time to time) shall automatically apply to such further use of iBanking by you.
- 72.We 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 Account 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 iBanking extended to and / or used by you.
- 73.All notices or other communications given by us to you under these Terms and Conditions if:
- sent by post to an address within India will be deemed to be received by you three days after the date of posting, seven days after the date of posting (if sent by post to an address outside India) or immediately (if delivered personally, by facsimile transmission or by email); or
- communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast.
- 74.You may only give notice to us under these Terms and Conditions in writing sent to our designated address, and we shall be deemed to have received such notice only upon actual receipt by us.
- 75.Notwithstanding Clauses 73 and 74, we may from time to time designate other acceptable modes of giving notices for the purposes of these Terms and Conditions (including but not limited to text messaging or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
- 76.Communications through electronic means: 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 electronic mail, an attachment to the electronic mail, or in the form of an available download from the Channel. We will be deemed to have fulfilled our legal obligation to deliver to you any document if such document is sent via electronic means. Failure to advice us 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.
- 77.In these Terms and Conditions (a) references to Clauses shall be deemed to be references to the Clauses of these Terms and Conditions, unless otherwise expressly provided; (b) Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions; (c) words importing the singular only shall also include the plural and vice versa where the context requires; (d) whenever the words "include", "includes" or "including" are used in these Terms and Conditions, they will be deemed to be followed by the words "without limitation"; (e) unless otherwise provided, any reference to any statute or legislation shall be deemed a reference to such statute or legislation as amended from time to time or to a newly adopted statute or legislation replacing a repealed statute or legislation and be deemed to include any subsidiary legislation made thereunder; and (f) a reference to a person shall include a corporate entity or other legal entity.
- 78.In these Terms and Conditions, unless otherwise required:
- "Account" means any account of yours (including your joint accounts) maintained with us which is accessed by you through the iBanking Services, and includes any other Account in addition to or in substitution for the Account originally accessed by you through the iBanking Services;
- "Account Terms" means our prevailing Terms and Conditions Governing Accounts and our other prevailing Terms and Conditions governing use of the Account;
- "Affiliate" means, in relation to any person, a person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, such person;
- "Alert" is defined in Clause 46;
- "Authorised Users" is defined in Clause 22;
- "Business Day shall mean a day on which we are open for business in the branch where you maintain your Account/s;
- "Channel" means the Internet websites at www.dbs.com/in (or such other replacement or substitute address or location as may be prescribed by us from time to time) as well as such other prescribed location, venue or resource of ours on the Internet which is similar or functionally analogous or associated to such Internet website, that may be accessed through any electronic or computerized device, and / or telecommunication devices (such as cellular/ wireless mobile telecommunications equipment). "Channel" includes the Content;
- "Content" is defined in Clause 43;
- "DBS PIN means the PIN issued by us to you at your request in relation to the use of the DBS Card;
- "DBS Card or "Debit Card refers to the DBS Bank Visa International Debit Card including any replacement or renewed card issued by us to you at your request;
- "Electronic Instructions" means any communication, instruction, order, message, data, information or other materials received by us via the iBanking Services and referable to your Security Codes or those of your Authorised Users (including use of your Security Codes or those of your Authorised Users by any person, whether authorised or unauthorised by you or your Authorised Users), from you or purporting to come from you or from your Authorised Users or purporting to come from your Authorised Users;
- "GST" means taxes including any goods and services, or other tax that may replace it or be levied in addition to it, by whatever name called;
- "iBanking Services" means the Channel and the Internet banking services relating to the Account or other services and facilities relating to the Account provided or made available to you by us from time to time via the Channel including services such as enquiry about balance in the Account, details about transactions in the Account(s), statement of Account, transfer of funds, bill payment and any other services as we may decide to provide from time to time through internet;
- "Information" means any information or particulars relating to you, or the Account, the Electronic Instructions or any Transaction;
- "Payment Date" refers to the date indicated for a credit into the Account by you in the Payment Instruction.
- "Payment Instruction" refers to instructions given by you for a credit transaction to the Account.
- "Provider" means:
- any person, firm, company or organisation in India or otherwise, including any third party, which, from time to time, participates or is involved, directly or indirectly, in providing services or products through the iBanking Services;
- any person or organisation to whom we outsource certain functions or activities or who provide administrative, telecommunication, computer, payment, collection, security, clearing, credit reference or checking, or other services or facilities to us relating to operation of our business;
- any digital certification authority, regulatory authority, electronic, computer, telecommunication, financial or card institution, data centre, facilities management or hosting service provider, call centre, outsourced service provider, Internet service provider, equipment and software providers and other service provider and / or network provider involved in providing the iBanking Services or any other ancillary or supporting service from time to time; and
- our agents or storage or archival service providers (including but not limited to any provider of any electronic storage, archival or recording facility) for the purpose of making, printing, mailing, storage, and / or filing any documents or items on which your name and / or other particulars appear, or any data or records or any documents whatsoever
- "Security Codes" means personal or log-on identification numbers, Security Devices and other codes and access procedures including short messaging service (SMS) for use in connection with access to and use of the iBanking Services issued by us from time to time. For existing DBS Bank customers, your DBS PIN and / or DBS Card issued to you before iBanking Services came into effect shall be deemed to be "Security Codes" for the purposes of these Terms and Conditions;
- "Security Devices" means any smartcards, tokens, electronic devices, hardware or any other equipment given by us to you from time to time in order to enable you to access and / or use the iBanking Services;
- "Trade Marks" is defined in Clause 55; and
- "Transaction" means any transaction or operation made or performed, processed or effected through the iBanking Services by you or any person purporting to be you, by any of your Authorised Users or any person purporting to be your Authorised User, acting on your behalf or purportedly acting on your behalf, with or without your consent, including:
- any payment or fund transfers from the Account; and
- any administrative function including without limitation the request for issuance of new Security Code and unlocking of any Account or Security Device; and
- any other banking transaction that may be made available through iBanking from time to time (including making bill payments).