Terms and Conditions
 
Online Payment Services

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.
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