3. Common Terms and Conditions applicable to both digibank e-wallet and digiSavings
3.1 digibank Services
The Bank will endeavour to provide to you through digibank Services such services as the Bank may decide from time to time. digibank reserves the right to make additions/deletions and decide the type of services that any particular category of customer may be offered on each Account and the same may differ from category to category. You can upgrade your digibank e-wallet Account to digiSavings Account. The Bank's decision in this regard will be final and binding. As on this date, these services are available only through the digibank app and Website.
digibank Services are provided for your convenience. You make use of the facility at your own risk. By opening an Account and/or use of the digibank Services you agree unconditionally not to contest any Electronic Statement unless disputed by you within 14 (fourteen) days of the Electronic Statement being made available for download.
Certain services which we offer are only available if you request for such services in the manner prescribed and the use of these services offered or made available to you, within or through the digibank app/Website may be subject to additional Terms and Conditions ("Additional Terms") that we may notify you of, from time to time, by such notification methods as we may choose, including through the digibank app or our Website or via publication through any media. Such Additional Terms will be effective on and from the date specified in the notice. You may be required to indicate your acceptance of the Additional Terms prior to use of those services.
digibank may provide you with various promotional offers/campaigns. digibank may cancel, suspend or vary any of the promotional offers/campaigns at any time without prior notice or assigning reason to you. If any disagreement or dispute arises from the promotional offer/campaign between the you and digibank, the decision of the digibank shall be final. digibank shall bear no responsibility or liability whatsoever in respect of any matter arising from or in connection with products and/or services provided by the merchants involved in the promotional offers/campaigns and/or any information provided by the merchants to you directly or through the digibank. You shall direct any dispute or complaint in respect of the products and/or services to the relevant merchant. Additional Terms with respect to the specific promotional offer/campaign shall apply in addition to these Terms and Conditions.
We collect information from or about the Mobile Phone/Device where you install or access our digibank Services, depending on the permissions you’ve granted. You authorise us to associate the information we collect from your Mobile Phone/Device to authenticate you and to provide consistent digibank Services to you.
3.2 Use of the digibank Services on Third Party websites for Products and Services
The balance in the Account can be used by you for various purposes including money transfer, recharge, and payment for purchase of goods or services from any merchant/Third Party that is associated/registered with digibank for digibank Services. Use of the Account represents a payment instrument used for the above purpose and does not represent sale, resale, or licensing any of the products or the services that digibank reviews, lists, or advertises on its websites/app, and DBS disclaims any responsibility for or liability related to them.
For your convenience, digibank 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 neither 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. 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.
In respect of Third Party products and services, your correspondence or related activities with Third Parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. Under no circumstances will 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 will not be liable in any way for any products obtained and/or purchased from or services rendered by any such third party. You will not involve us in any claims against or dispute with such third party. Any questions, complaints, or claims related to any Third Party product or service will be directed to the appropriate Third Party.
DBS may provide additional features and services which can be accessed using the digibank app/Website. These additional features and/or services are for your convenience and ease. You acknowledge that any feature which provides analysis or assistance is based on Transaction history, operation of the Account data, information and content available on the digibank app and may not reflect a completely accurate picture since all factors related to such analysis may not be available to digibank. DBS will not be held responsible or liable for any decisions made based on such data and analysis. Neither we, the Providers nor the Affiliates will 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 Content. All Content is made available for information purposes only, except where expressly provided otherwise. Specifically, such Content is not intended nor will 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 DBS 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. If some content is uploaded by you on the digibank app you will be responsible for such content and you will ensure that such uploaded content does not contravene any applicable laws in force.
3.3 Bill Payment
You may make a bill payment/s from your digibank app to certain Billing Organisations.
The Bill Payment facility is subject to the following:
- You acknowledge and recognise that DBS is merely providing a platform for Bill Payment facility at your request.
- DBS reserves the right to add or remove a Billing Organisation in the digibank app at any time.
- In order to make a bill payment, you will be required to enter the identification details, relevant consumer reference number and such other details as may be required by each Bill Payment transaction and you will be responsible for the accuracy of the details provided.
- You also agree to inform DBS of any change in identification details as registered with the Billing Organisation through the digibank app.
- You consent to the Billing Organisation disclosing your billing details to DBS.
- While DBS will take all reasonable steps to ensure the accuracy of the billing details, it will not be liable for bill payments with incorrect details including late payment charges, loss, duplicate or incorrect payments made from your Account. You will not hold DBS 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 and for the biller rejecting the bill amount because of incorrect or incomplete entries.
- You agree that any disputes on bill details will be settled directly with the Billing Organisation and DBS's responsibility is limited to provision of information received from the Providers.
- You agree that the record of the instructions given and Transactions with DBS will 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 any time the Bill Payment facility, or any services provided there under, in respect of any or all digiSavings(s) without assigning any reason whatsoever, without giving you any notice.
3.4 Electronic Instructions
You further agree that DBS, its Affiliates and the Providers will be entitled (but not obliged) to act upon or rely on Electronic Instructions received from your registered communication address and/or using your Security Codes or Soft Token ID on digibank app and hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you and you waive all rights and remedies against DBS, its Affiliates and the Providers in respect of any loss, damage or expense thereby arising. You will be responsible and will be liable for all Transactions.
Any risk of misunderstanding, error, loss, damage or expense resulting from the use of digibank Services are entirely at your own risk and DBS will not be liable therefore.
You irrevocably and unconditionally authorise digibank to access your Account(s) for effecting banking (including digibank Services) or other transactions performed by you through the digibank app/Website. digibank will have no obligation to verify the authenticity of any transaction/instruction received or purported to have been received from you through the digibank app/Website or purporting to have been sent by you other than by means of authenticating through User ID/Password.
All Electronic Instructions will be deemed to be irrevocable and unconditional upon transmission through the digibank app/Website and DBS will 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. 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 will be executed on a real time basis unless otherwise specified by DBS. You will not be able to give any instruction to DBS to stop payment from the Account and the amount debited from the Account will not be reversed to the Account. If you have scheduled a transaction to be processed on a future date and such future date is a holiday in the Branch linked to your Account, such transactions will be executed on the next Business Day.
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 DBS to stop payment from the Account, you will be required to make such cancellations/give stop payment instructions online five (5) business days prior to the scheduled date of such transaction.
You will ensure that there are sufficient funds in the Account for
Transactions and we will not be liable for any consequences arising out of failure to carry out the instructions due to inadequacy of funds provided always that we will 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 will be responsible to repay with interest the resulting overdraft, advance or credit thereby created and for all related costs and charges.
3.5 Processing of Transactions
Certain facilities/services/Transactions that may be offered by the Bank over the digibank app/Website may be carried out instantaneously. However, such facilities/services/Transactions may not be effected instantaneously or may not be available to be carried out instantaneously or otherwise at all times due to failure of the requisite systems and/or discontinuation of the same by the Bank, which will be the sole and absolute discretion of the Bank and will also be subject to such limitations and restrictions as mentioned elsewhere in these Terms and Conditions.
You will not hold DBS responsible for not processing/effecting any transactions transmitted by you over digibank or any consequences thereof since digibank is only provided as a convenience to you and DBS neither assumes nor intends to assume any liability for any transactions carried/not carried over digibank. Without prejudice to the foregoing, digibank will also not be available during the period the systems of the Bank are not functioning for any reason whatsoever.
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;
- decline to act on the Electronic Instructions at any time without prior notice or giving any reason, including;
- to verify the authenticity thereof; or
- where they are ambiguous, incomplete or inconsistent with your other Electronic Instructions or instructions, information and/or data; or
- 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
- will cause you to exceed your applicable transaction or Account limits, if applicable; or
- will result in any insufficiency of funds.
- determine the order of priority in effecting the Electronic Instructions, the Transactions and other existing arrangements you have made with DBS (for example, standing instructions and funds transfer to other accounts.) without incurring any responsibility for loss, liability or expense arising out of so declining to act.
You agree that we will 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.
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.
Notwithstanding the termination of digibank Services, we may (but are not obliged to) carry out any outstanding Electronic Instructions made prior to the termination of digibank Services.
You hereby agree that you will not attempt or permit others to attempt accessing your Account with the Bank through any unauthorised means and you will not part with your User ID and Password and/or Security Codes.
3.6 Fund Transfer Through the digibank App
When the fund transfer facility is made available to you, it may be used for transfer of funds from digiSavings to other accounts/prepaid payment instruments belonging to third parties maintained at DBS and/or at any other bank or third party in India. In the event such transfer of funds is from digiSavings 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 will be governed by the Terms and Conditions applicable to National Electronic Funds Transfer (NEFT)/Real Time Gross Settlement (RTGS)/Immediate Payment Service (IMPS) of RBI as provided on the Website. You will be responsible for keying in the correct account number, Mobile Money Identifier (MMID) and Indian Financial System Code ("IFSC") and other details, as required, for the fund transfer request.
In no case will DBS be held liable for any erroneous transactions incurred arising out of or relating to your entering the wrong account number and/or IFSC Code. DBS will endeavour to effect funds transfer transactions received through the digibank app subject to availability of sufficient funds in the digiSavings. DBS will specify from time to time the limit for carrying out various kinds of funds transfer or any other services through digibank app/Website. This facility will be provided in accordance with the arrangement between DBS, its Affiliates and Providers and as per conditions specified by DBS from time to time.
3.7 Account Balance and Transaction History
You will monitor the balance in your Account and examine all entries in your Transaction history. You will report/notify the Bank as soon as you notice any transactions wrongly made or made without authority or inaccurate entries in the Transaction history or of any matter concerning your Account that may invite suspicion. Unless disputed by you within 14 (fourteen) days of the Electronic Statement being made available for download, the same will be deemed to be correct. DBS will be free from all claims in respect of and any and every Transaction shown in the Transaction history.
You also irrevocably authorise DBS to debit the Account for all Transactions/services undertaken by your User id and Password.
3.8 Security Codes and Security Devices
- Use of the digibank app/Website will require the use of Security Codes or Soft Token ID. Security Codes will be issued directly to you and such issuance will be subject to these Terms and Conditions as applicable to you in your personal capacity. Soft Token ID will be assigned to your Mobile Phone/Device on which you have installed the digibank app and You agree that Soft Token ID will be used to authenticate your transaction/s.
- You are responsible for the confidentiality and use of your Security Codes. You must use your digibank app User name and Password to access and use the digibank app and to perform transaction(s) on the Website. You are responsible for safekeeping and maintaining the confidentiality of your Security Codes. You must not disclose to any person your Security Codes and will not authorise any person to use your Security Codes for any purpose whatsoever. You agree to take reasonable measures and all due care to protect your Password against misuse by third parties. You will, as soon as possible, reset your Password should you notice that your digibank app has been accessed or used without your knowledge, authority or consent. As a matter of abundant precaution you should change your Passwords at periodic intervals.
- 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 will not claim against DBS in respect of any such use or purported use.
- You must notify DBS immediately if you 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) or your Security Code has been disabled after a number of incorrect password attempts up to such number as may be communicated by DBS to you from time to time.
- Section 3 of the Information Technology Act, 2000 (and amendments thereafter) prescribes the procedure for authentication of electronic records, which states that a subscriber may authenticate an electronic record by affixing his/her digital signature, and Section 5 provides legal recognition to digital signatures for authentication of electronic records. However, we have adopted the mode of authentication by means of verification of the Security Code, Soft Token ID or through any other mode of verification as may be stipulated at our discretion, which may or may not be recognised 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 DBS in this regard.
- We will send you Alerts notifying you of transactions conducted on your Account. The nature of transactions for which Alerts are generated, the timing of Alerts and the mode of notification will be determined at our discretion. We will be forced to push these notifications to you regardless of whether your mobile number is registered in the Do Not Call registry or the National Customer Preference Register (“NCPR”).
3.9 Security Issues, Software and Hardware
You will at your cost, procure, maintain and update/upgrade all such software, and/or device, hardware and/or equipment , as applicable, from time to time, to avail, access and use the services of digibank and be compatible with the Bank's system at your own risk and expense. You undertake to ensure that computer systems you use to access digibank Services are free from any malware, virus, Trojan or such other computer contaminants. The Bank will be at liberty to change, vary or upgrade its software, hardware, operating systems, etc., from time to time and will be under no obligation to support your software, hardware, operating systems and that the same will be your sole responsibility. DBS will not be liable for any losses that may be suffered by you as a result of any incompatibility between the Service software and any computer, mobile phone or other device from which you may use to access the Service.
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. You acknowledge the risks of spoofing, identity theft/masking etc..
- Your usage patterns may be monitored by third parties.
- Third parties could gain unnoticed access to your digibank app/Account and detect your access to digibank Services and your communications with us.
- Viruses and other malicious code may interfere with digibank Services, the Channel, the web browser or any relevant telecommunication device or computer systems.
3.10 Maintenance and preservation of records
DBS at its sole option and discretion will maintain such records of transactions carried out by you in your Accounts, as the Bank may deem fit or as mandated by law and regulations. You will not be entitled to question the Bank about the records that are maintained by the Bank or those that are not maintained or preserved by the Bank. In case of conflict between the records kept by DBS and those of yours, the records of DBS will be conclusive and binding. The period for preservation of such records will be as DBS may in its sole discretion deem fit or as dictated by any statutory enactment or regulations.
Due to inherent features of some of the Channels over which the facility of digibank Services is availed by you, you may be able to take out a print of the transaction attempted to be effected by you over digibank Services. 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 digibank Services and any record of any Transactions maintained by us or by any relevant person authorised by us relating to or connected with digibank Services will be binding and conclusive on you for all purposes whatsoever and will be conclusive evidence of any Electronic Instructions, information and/or data transmitted using digibank Services. You hereby agree that all such records are admissible in evidence and that you will 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.
As a tool to correct misunderstandings, you understand, agree and authorise us to, 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.
3.11 Charges and Fees
Please refer to the "Rates and Fees" page on the Website. The same may be revised from time to time and will be made available on the Website.
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 digibank Services and for the provision of or any replacement of Security Codes or Soft Token ID for whatever reasons from time to time. We will, in most cases, give reasonable notice of such days, as may be prescribed by RBI 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. Provided that any changes made in the Charges and Fees whereby your liability has increased such an increase will be applicable only after notice. It is clarified that for digiSavings holders certain charges will be applicable if you visit the branch for certain Transactions.
You authorise us to debit your digiSavings(s) for all fees for the provision and/or use (authorised or unauthorised) of digibank 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 digibank Services (including any of your liability to us).
digibank is deemed to have sent notifications and SMS notifications ("Electronic Advice/Notification") to you, even if you are unable to or do not receive the Notification for whatever reason.
If any payment has been made by us as a result of your use or purported use of digibank Services:
- and the Account was consequently debited, but the debit was reversed in error or the Account was not debited at all; or
- consequent to submission of any payment instruction on the Account but before honour of such payment,
then we will be entitled to correct the Account by (i) debiting the Account with the amount paid by us; or (ii) by dishonouring or returning payment instructions and reversing the payment instruction, if there are insufficient funds available in the Account, as the case may be.
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.
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.
You understand that any access to digibank Services may also be subject to and governed by the relevant laws and regulations of that country from which digibank Services are accessed. You will be responsible for all fees, charges and expenses (including and not limited to charges such as download roaming for overseas usage; for any upgrades in relation to access and use of digibank app; and other charges which may be imposed by CSP in connection with the use of digibank Services.
3.12 Right to Lien and Set Off
The Bank will have an absolute and paramount right of lien and set-off, irrespective of any other lien or charge, present as well as future on the accounts, including amounts lying in Term Deposit linked to your digiSavings or balance lying in digiSavings and also over any and all securities of your lying or that may come into the possession of the Bank from time to time for safe keeping or otherwise in any of your accounts maintained with DBS (singly or jointly) to the extent of all outstanding dues, whatsoever, and howsoever arising.
Without prejudice to the contents of the preceding paragraph, DBS has and will have a paramount and irrevocable right to reverse any entry (debit or credit) made in the Account with reference to any transaction carried out on the ATM, EDC, Point Of Sale, digibank app, Phone banking, cheque deposit, Kiosk, Website or otherwise whatsoever, where in the course of any scrutiny, verification, checking, investigation, audit or otherwise for whatsoever reason or action by DBS, it is found or determined that the entry was incorrect, was not accompanied by proper supporting documents/authorisations, or for whatsoever reason was incorrect or did not meet any rules or regulations or specifications including but not limiting to those of DBS or otherwise. DBS will have and will continue to have a lien on your Account to recover such costs, damages or liability that the Bank may incur or be imposed and will further have the right to claim and recover any shortfall from you.
digibank Services may not be available to you for security and/or technical reasons and for which DBS may not give you prior notice or reason. digibank Services may be suspended or withdrawn for security and/or technical reasons without giving you any reason or notice. If at any time you cease to have an eligible Account or fail to provide your updated details, or fail to confirm your status/KYC verification as deemed by the Bank at periodic intervals we reserve the right to deny you access to digibank Services.
We may withdraw the provision of digibank Services wholly or partly, if at any time the amount of deposit falls short of the required Minimum Balance 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.
3.14 Your Liability
You acknowledge and agree that:
- Access to digibank Services is through your Mobile Phone and any Transaction, which originates from the same using your User ID and Password/Security Codes, whether initiated by you or not will be deemed to have originated from you.
- You will be liable for all loss from unauthorised transactions in the digibank app if you compromised the digibank app with your credentials. You agree that you will not hold the Bank responsible for any loss that you may suffer in these circumstances.
- Illegal or improper use of digibank Services by you or any other person will render you liable for payment of financial charges as decided by the Bank and/or will result in suspension of digibank Services provided to you.
- You are aware that email is not a secure or error-free medium of communication and of the possible risks involved in connection with the transmission of information via email.
- You are aware that universally it is understood that there is no way to verify that technologies are fool proof or tamper proof and/or to keep up with the latest technology as available at any particular time.
- You understand and agree that the Bank does not accept liability for any errors or omissions in the content of the email messages and its attachments. You undertake to keep us indemnified at all times against, and to save us harmless from all actions, proceedings, claims, loss, damage, costs and expenses including consequential losses/damages which may be brought against us and which will have arisen either directly or indirectly out of or in connection with us sending account statements and other documents on email.
3.15 Accuracy of information
You will be responsible for the correctness of information supplied by you to DBS through the use of digibank or through any other means such as electronic mail or written communication. DBS accepts no liability for the consequence arising out of erroneous, incorrect or incomplete information supplied by you. If you suspect that there is an error in the information supplied to DBS by you, you will advise DBS as soon as possible. DBS will endeavour to correct the error wherever possible on a ‘best effort' basis. All outputs of statements are duplicate statements of account and will be prepared by electronic means and the information contained therein will be extracted from a computerized backup system maintained by the Bank in its ordinary course of business. While DBS will take all reasonable steps to ensure the accuracy of the statement, DBS is not liable for any error. You will hold DBS harmless against any loss, damages, etc. that may be incurred/suffered by you if the information contained in the above said outputs turns out to be inaccurate/incorrect/incomplete.
DBS will not be obliged to verify the accuracy, adequacy and completeness of Electronic Instructions. Accordingly, DBS, its Affiliates and the Providers may treat the Electronic Instructions as valid and binding on you notwithstanding any error, fraud, and forgery, lack of clarity or misunderstanding in the terms of the Electronic Instructions.
3.16 Limitation of Responsibility and Liability
DBS is not liable for any loss suffered by you or any third party arising from and in connection with your registration of, access to and use of the digibank app/Website except where such loss is attributable to our negligence or wilful default. Without prejudice to the foregoing, DBS will not be liable for any inconvenience, loss, cost, damage or injury suffered by you or any third party arising from or caused by:
- Our compliance with any instruction given or purported to be given by you relating to a Transaction, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment will not have been apparent to a reasonable person receiving such instruction;
- Use of the digibank app by third parties, whether authorised or unauthorised by you;
- Your transfer of funds to the wrong mobile number or to the wrong recipient;
- Theft or loss of your Mobile Phone/Device, hardware and/or equipment on which the digibank app is installed;
- Your inability to effect or complete any Transaction due to system maintenance or breakdown/non-availability of the digibank app/Website or any network;
- You being deprived of the use of the digibank app/Website as a consequence of any action by us;
- Any failure by us to perform any obligation or observe any of these Terms if such failure arises from a failure of, or any unauthorised and/or unlawful access to, any machine, data processing system or transmission link or any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors, or any event outside our control;
- Any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing; or
- Any act or omission by DBS in compliance with any applicable laws and/or regulations, including laws governing personal data protection, and any instructions and/or directions given by any local or foreign regulatory body, government agency, statutory board, ministry, departments or other government bodies and/or its officials.
Any downloading of data from the digibank app is done solely at your risk, and DBS will not be liable for the integrity or use of any data downloaded in any way.
Provided that you have notified us in reasonable detail and in a timely manner of any problems experienced in the use of digibank Services and the Security Codes, DBS 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 aforementioned provision or any other provision of the Terms and Conditions, digibank 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 digibank Services, the Security Codes, the Soft Token ID 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 digibank Services, the Security Codes, the Soft Token ID or the Content.
DBS 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, digibank Services, the Security Codes,the Soft Token ID the methods available for access to digibank Services, or any information, services or products provided therein and will not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing digibank Services. The information provided through digibank Services including the specifications, prices, availability and other details of the products and services provided through digibank Services may be modified, deleted, or replaced from time to time and at any time at our absolute discretion. You may be required to update your details periodically as required by the Bank from time to time.
While DBS may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to the digibank Service, DBS does not warrant that digibank Services or any of the Content or the Security Codes, the Soft Token ID will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no warranty is given that digibank Services, the Security Codes, the Soft Token ID and the Content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.
DBS does not warrant the security of any information transmitted by you or to you through digibank Services or via email or mobile phone.
DBS, its Affiliates and the Providers will 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 digibank app, digibank 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 digibank 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.
DBS will 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 digibank Services.
Except where DBS has been grossly negligent, that is for events or acts attributable to its own omission, or lack of due care, it will also under no circumstances 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/suffered by you or any other person due to any transaction carried out or not carried and/or incorrectly/incompletely carried out and/or being carried out with or without your knowledge or authority on the digibank app/Website and/or due to non-availability or partial availability of any medium of digibank and/or due to any loss/misuse of Debit Card and/or use of your Security Code/password(s) by any other person or persons. The Transaction risk will be yours, except what is stated above. In cases where DBS is led to believe that an instruction may not have been properly authorised by you, DBS will be entitled, after making reasonable efforts to check whether the instruction was properly authorised, to take steps to reverse any action taken on the basis of that instruction. DBS will not be responsible for any losses suffered by you due to such reversals.
3.17 Data Processing
You accept that all information/instructions will be transmitted to and/or stored at various locations and be accessed by personnel of DBS and/or its Affiliates. DBS is authorised to provide any information or details relating to you to a third party to facilitate DBS in providing digibank Services as may be necessary to give effect to any instructions. You agree that DBS and/or Affiliates or their contractors may hold and process your Personal Information and all other information concerning your digiSavings on computers or otherwise in connection with the use of/access to digibank app/Website/availing digibank Service as well as for analysis, credit scoring and marketing.
3.18 Consent to Disclosure/Provision of Information
You consent to DBS 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 digibank 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 digibank Services purporting to be you where such disclosure is reasonably regarded by DBS to be necessary to complete any Transaction or to carry out the Electronic Instructions.
- 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.
- To the police or other Governmental or regulatory authorities, credit bureaus for the purpose of making a report or facilitating any investigation.
3.18.1: You hereby unconditionally agree that DBS or its contractors may hold and process your personal information on computers or otherwise in connection with digibank Services, other services as well as for statistical analysis and credit scoring and for providing certain value added services.
3.18.2: You agree that DBS may disclose, to other institutions, such information in relation to you as may be necessary for any reason inclusive of but not limited to the participation in any telecommunication or electronic clearing network, in compliance with legal directive, for credit rating by recognised credit scoring agencies, and for fraud prevention.
3.18.3: You irrevocably and unconditionally authorise DBS to access the Account(s) and the Personal Information for effecting the instructions and providing the facility, as well as for analysis, credit scoring and marketing.
3.18.4: DBS's authority to disclose Information as set out in this Clause will survive the termination of digibank Services.
3.18.5: Neither DBS nor any of its personnel will 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 DBS and/or any of our personnel disclosing; or
- Any access by a third party to Information obtained through your use of digibank Services.
- You will provide DBS with any information or documentation that we may reasonably request relating to your use of digibank Services and will cooperate with it in any related investigation or litigation.
3.18.6: You will be responsible to notify DBS in the event of a change of your mailing address, email address, mobile number, otherwise, DBS will have the right to rely on your last known such address and mobile number.
3.18.7: You consent to DBS calling you on your registered Mobile Phone for the purpose of verification of information provided by you, irrespective of your mobile number being registered in the Do Not Call registry or the NCPR.
3.18.8: Notwithstanding any registration by You on the Do Not Call registry or the NCPR and/or Do Not Disturb (DND) database, You consent to DBS, it’s personnel and all such third parties as duly authorised by DBS to contact/get in touch with You by way of E-mail/telephone call/SMS/In-app notification for the purposes of administering or servicing (including for feedback, experience surveys, usability studies and for any other form of market research, survey or studies) any of the Bank’s products/services.
You agree and accept that these Terms and Conditions, the obligations and rights arising under these Terms and Conditions, may be assigned or otherwise transferred to a third party by DBS Bank India Limited without notice and/or your prior written consent.
3.21 Intellectual Property
You acknowledge that the intellectual property rights of DBS are owned by DBS, its Affiliates, or the Providers.
No part or parts of the digibank app 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.
The trademarks, service marks, and logo ("Trade Marks") used and displayed in or through the digibank app/Website are registered or unregistered Trade Marks of DBS/others.
Nothing in the digibank app/Website will be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trade Marks displayed in or through the Channel or digibank app/Website, without our written permission.
You agree and undertake to fully indemnify DBS, its 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 digibank Services, and will pay such monies to DBS upon its demand.
DBS reserves the right to use any service providers, subcontractors and/or agents on such terms as it deems appropriate. DBS will provide you digital assistance/system to answer your queries. In case digital assistance is unable to resolve your query then you will have an option to chat with our contact centre staff.
You acknowledge that you have not relied on any representation made by DBS or any of its employees, Affiliates, service providers, subcontractors or agents and have made independent assessment of digibank Services. Except for our Affiliates, service providers, subcontractors and agents, no person or entity who is not a party to these Terms and Conditions will 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 will not affect the rights of any permitted assignee or transferee of these Terms and Conditions.
3.24 Variation in Terms and Conditions
DBS may by notice through the Channel or by such other method of notification as it may designate (which may include notification by way of email), vary these Terms and Conditions, whereupon such a variation will take effect on the date specified by us (which will generally be no less than thirty (30) days from the date of the notice). If you use digibank Services including any new services after such date, you are deemed to have accepted such variations and such amended Terms and Conditions will be binding on you. If you do not accept the variation, you must stop using digibank Services and terminate digibank 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 and Conditions.
DBS, its Affiliates and Providers will 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 digibank Services' operation, or for any inaccuracy, unreliability or unsuitability of digibank 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 DBS, its Affiliates or Providers are not responsible for.
If at any time any provision of these Terms and Conditions will be or will become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions will not be affected or impaired thereby, and will continue in force as if such illegal, invalid or unenforceable provision was severed here from. Our waiver of any of the covenants to be performed by you or any breach by you will 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.
DBS agrees that if you open further accounts with/subscribe to any of the products/services of DBS or any of its Affiliates or Providers DBS extends 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) will automatically apply to such further use of digibank by you.
3.26.1 Communication from digibank
You hereby authorise DBS or its agents to send promotional messages including the products of the digibank app/digibank Services, greetings or any other messages/communications which DBS may consider appropriate from time to time, by way of SMS and/or Email.
DBS is entitled to send you "notifications in the digibank app and SMS notifications" ("Notifications") relating to your access to and use of the digibank app and any updates on related services. Such messages may also be sent to numbers registered in the Do Not Call registry or NCPR, if the Bank deems fit to do so and as the Customer you indemnify our act.
3.26.2 Communications through electronic means
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. DBS will be deemed to have fulfilled its legal obligation to deliver to you any document if such document is sent via electronic means. Failure to advise DBS of any difficulty in opening a document so delivered within twenty-four (24) hours after delivery will serve as an affirmation regarding the acceptance of the document.
It may be noted that alerts if sent through SMS will be sent to the registered mobile number only.
All communication by DBS will be in English and will be through email to your email address as per our records; or using electronic services or any other electronic media or through your cell phone. Where necessary, DBS may also give any notice and communication through the press, radio, television, internet or any other media at the discretion of DBS's choice. Any communication from DBS to you will be deemed to have been received by you and complete:
- If sent by email – at the time of sending to your email address.
- If sent by electronic services – at the time it was sent.
- If made through the press, radio, television or internet – at the time it was made.
- If made over the digibank app or on the Website – at the time of publishing.
3.26.3 Communication from you
Any notice, instruction, correspondence or other communication you give to DBS must be in writing and must be received by DBS. DBS may accept instructions over the digibank app or the Website or by phone (for limited purposes) or over the counter (for limited purposes), electronic services or by any other mode that DBS may agree with you. You must provide to DBS any application forms, authorisations or other documents as may be required by DBS.
3.27 Feedback and Complaint Mechanism
You have the option to give your feedback in the digibank app at any time with our 24x7 virtual assistant, powered by artificial intelligence.
You have the option to put a complaint through the digibank app or to refer to the Website for grievance redressal.
DBS reserves the right to investigate complaints regarding the use of the digibank app, digibank Service or reported violations of these Terms and to take any action DBS deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, the appropriate authorities or regulators and disclosing any information necessary or appropriate to such officials, authorities or regulators, whether located in India or outside of India.
3.28 Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of India and you irrevocably submit to the non-exclusive jurisdiction of the Mumbai courts.