| 1 |
I/We agree and accept the Online Payment Service provided
by Kotak Mahindra Bank Ltd. (“the Bank")
at my/our request to carry out the Online Payment through
Payment Gateway instructions on my/our account. |
| 2 |
I/We have no objection whatsoever, to the Merchant providing
billing details to the Bank. |
| 3 |
I/We hereby acknowledge that I/we am/are utilising this
service at my/our own risk. These risks would include
the following risks:
| 3.1 |
While the Bank will take all reasonable steps
to ensure the accuracy of the payment details,
the Bank is not liable for any error. I/We shall
not hold the Bank responsible for any loss, damages,
etc that may be incurred/suffered by me/us, if
the information contained turns out to be inaccurate/incorrect. |
| 3.2 |
The
technology for enabling the transfer of funds
and the other services offered by the Bank could
be affected by virus or other malicious, destructive
or corrupting code, programme or macro. It may
be possible that the site of the Bank may require
maintenance and during such time it may not be
possible to process the request of the customers.
This could result in delays in the processing
of instructions or failure in the processing of
instructions and other such failures and inability.
I/We understand that the Bank disclaims all and
any liability, whether direct or indirect, whether
arising out of loss or otherwise arising out of
any failure or inability by the Bank to honour
any customer instruction for whatsoever reason. |
|
| 4 |
I/We agree that the Bank shall assume no responsibility
for:
| 4.1 |
Transactions carried out under the service in
good faith relying on my instructions. |
| 4.2 |
Not carrying out transactions where the Bank has
reason to believe in its sole discretion that
the instructions are not genuine or are otherwise
unclear, improper, vague or doubtful. |
| 4.3 |
For the performance of any other entity involved
in the process; and for any loss or damage incurred
or suffered by me/us for any error, defect, failure
or interruption of the service or consequences
arising out of delayed payments. |
| 4.4.
|
Any
loss of damage arising or resulting from delay
in transmission delivery or non-delivery of Electronic
instructions or any mistake, omission or error
in transmission or delivery thereof or in deciphering
the instructions from any cause whatsoever or
from its misinterpretation received or the action
of the destination bank or any act or even beyond
control. |
|
| 5 |
Whilst utilising the Online Payment Service for making
any payments for any goods purchased or any services
obtained whether on-line or otherwise, I/we shall ensure
that
| 5.1 |
I/We have the full right and/or authority to access
and avail the services obtained and the goods
purchased and I/we shall observe and comply with
the applicable laws and regulations in each jurisdiction
in applicable territories. |
| 5.2 |
I/We shall provide the Bank with such information
and/or assistance as is required by the Bank for
the performance of the service and/or any other
obligations of the Bank under this service. |
|
| 6 |
I/We shall not at any time provide to any person, with
any details of the accounts held by me/us with the Bank
including the passwords, account number which may be
assigned to me/us by the Bank from time to time. |
| 7 |
I/We agree that any disputes on payment details will
be settled directly with the Merchant and the Bank’s
responsibility is limited to provision of information
only. |
| 8 |
I/We agree that I/we will make the bill amount payments
as required by the Merchant. I/We will not hold the
Bank responsible for the Merchant rejecting the payment
amount because of incorrect or incomplete entries. |
| 9 |
I/We
agree that the record of the instructions given and
transaction with the Bank shall be the conclusive proof
and binding for all purposes and can be used as evidence
in any proceeding.
|
| 10 |
I/We agree that the Bank will not be held responsible
for the delivery of goods and provision of services
by him or the condition of the item when it is delivered
or if the Merchant inadvertently delivers goods or services
to some other customer. The Bank’s role is restricted
to provision of information and Payment Gateway Service
only. All disputes regarding delivery/condition/quality
of goods and services are to be taken up directly with
the Merchant. |
| 11 |
I/We agree that charges if any for the Online Payment
Services will be at the sole discretion of the Bank
and the Bank is at the liberty to vary the same from
time to time, without giving any notice. |
| 12 |
I/We agree that the Bank will be liable to reverse any
debit to my/our account due to non-delivery of goods/rejection
of the goods or any other reason only upon my/our specific
request made in this regard setting out the reason and
on confirmation of the same by the Merchant. |
| 13 |
I/We agree not to use or permit the use of the Payment
Gateway Service or any related services for any illegal
or improper or unlawful purposes. |
| 14 |
I/We agree that if our account with the Bank is closed/blocked
for any reason whatsoever, I/we shall settle the transaction
directly with the Merchant. |
| 15 |
I/We confirm that in the event of any dispute with the
Merchant, I/we shall not make the Bank a party to the
dispute. All matters arising out of or in any way relating
to this service shall be subject to Mumbai jurisdiction
only. |
| 16 |
I/We acknowledge and agree that the Bank remains a mere
facilitator for this service and that the Bank does
not warrant or claim any responsibility for this service
nor does the Bank endorse any such service and/or its
standing or reputation whatsoever and the Bank is not
liable for any deficient or bad services in any manner
whatsoever and for any loss, whatsoever that I/we may
suffer. The risk in this regard is entirely on me/us.
I/we agree that the debits or credits to my/our NRI/PIO
account are further subject to restrictions and limits
as are specified for NRI/PIO operated accounts as also
by the Bank and RBI. |
| 17 |
I/We
agree that the Bank is at the liberty to withdraw at
anytime the Online Payment Service, or any services
there under, in respect of any or all or any of the
accounts without assigning any reason whatsoever, without
giving any notice. |
| 18 |
I/We agree that the Bank may also make additions/deletions
to the service offered through any of its channels at
its sole discretion. |
| 19 |
I/We may request for termination of the service any
time by giving a written notice of at least “3”
working days to the Bank. The termination shall take
effect on the completion of the “3rd” working
day. I/We will remain responsible for any transactions
made through the service until the time of such termination.
The Bank may withdraw or terminate the Online Payment
Service anytime either entirely or with reference to
a specific Merchant or user; or in case of breach of
Terms by me/us without a prior notice; or if the Bank
learns of my/our demise, bankruptcy or lack of legal
capacity of the user or for any reason whatsoever. |
| 20 |
I/We agree that by use of this Online Payment Service,
I/we shall be deemed to have agreed to all the above
terms and conditions and such terms and conditions shall
be binding on me/us in the same manner as if I/we have
agreed to the same in writing. |
| 21 |
These
terms & conditions are to be read in conjunction
with Terms and Conditions and Rules for Accounts and
Services of the Bank. |