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1.
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Definitions
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1.1
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In
these Terms and Conditions unless the context otherwise
requires the following words shall have the following
meanings:
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Account
means any account or accounts held at present or in the
future by us in your name or in the name of a person for
whom we have permitted you to validly act as guardian or
attorney, for which BRAC Bank Internet Retail Banking is available
in respect of which our normal terms and conditions in force
at the relevant time apply as they would in normal
circumstances and are therefore incorporated into these
Terms and Conditions insofar as is appropriate, including
but not limited to savings accounts and current accounts;
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Authorized
Officer means an officer of a Corporate Customer registered
with us as having, and deemed to have, full corporate and
constitutional authority to make an application for BRAC Bank
Internet Retail Banking on behalf of such Corporate Customer
and accordingly bind the Corporate Customer by these Terms
and Conditions;
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BRAC Bank
Internet Retail Bankingorthe Service means the
banking services made available at any point in time via the
internet to the Customer by us in our absolute discretion;
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e-Remittance
facility means the online service made available to BRAC Bank
account holders to transfer funds from your account to your
own account or to any other third party beneficiary accounts
maintained in India through the âBRAC Bank Internet Retail
Bankingâ facility.
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Bank
means the BRAC Bank whose principal address is at Near Yes Bank, T.Nagar, 58/1, Bazullah Rd, Parthasarathi Puram, T Nagar, Chennai, Tamil Nadu 600017
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Company
means, for the purposes of these Terms and Conditions, a
body corporate, partnership, sole proprietorship or other
unincorporated organization;
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Corporate
Customer means a Customer that is a body corporate,
partnership, sole proprietorship, or other unincorporated
organization;
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Customer
means an individual or Company that has been authorized by
us to operate an Account and access and use BRAC Bank Internet
Retail Banking and that is deemed to have agreed to be bound
by these Terms and Conditions by their access of the Site
and use of BRAC Bank Internet Retail Banking;
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Customer
Security Codes means your User ID and Security Number,
required for access to be granted to BRAC Bank Internet Retail
Banking and Telebanking;
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Security
Number means the security number allocated to you by us for
BRAC Bank Internet Retail Banking, which will be the same, where
applicable, as the security number allocated to you for use
of the BRAC Bank Telebank service;
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Authorization
Password
means the security number allocated to you by us for BRAC Bank
Internet Retail Banking per your request to grant approval
rights for adding beneficiaries and utilities.
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User
ID means the CPR number of a Customer resident in the
INDIA or, in all other cases, a user
identification number that will be provided to you by us.
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References
to we, us and our as appropriate are
references to the Bank; and References to you and your
as appropriate are references to you, the private individual
or Company who has accessed the Site.
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2
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Access
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2.1
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This
Site and Service are not directed to, or intended for
distribution to or use by, any person or entity who is a
citizen or resident of, or located or incorporated in, any
jurisdiction where such distribution, publication,
availability or use would be contrary to law or regulation
or which would subject the Bank to any additional
registration, authorization or licensing requirement within
such jurisdiction.
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3
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Eligibility
for use of BRAC Bank Internet Retail Banking
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3.1
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Only
existing Account holders can access and use BRAC Bank Internet
Retail Banking. Such Account holders (excluding Corporate
Customers) can access the Service immediately by use of
their existing Customer Security Codes.
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4
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Corporate
Customers - Access and use of BRAC Bank Internet Retail Banking
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4.1
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Before
a Corporate Customer can access and use BRAC Bank Internet Retail
Banking an Authorized Officer of the Company must present
himself in person with evidence of his corporate (or other,
as applicable) authorization to our satisfaction and
complete the relevant application form(s) as required by us.
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5
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The
Site and BRAC Bank Internet Retail Banking
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5.1
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We
recommend the following as a minimum specification for
access to the Site and access and use of BRAC Bank Internet Retail
Banking:
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5.1.1
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a
personal computer with Intel Pentium processor;
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5.1.2
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access
to the Internet; and
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5.1.3
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a
Java 1.1 enabled browser, for example, Netscape Navigator
4.6 (enabled for 128 bit SSL) or Internet Explorer 5.0
(incorporating latest patches to make it compatible with 128
bit SSL), or later versions.
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5.2
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We
do not warrant either the speed, resolution, or the
availability of the Site or BRAC Bank Internet Retail Banking.
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5.3
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You
may access the Site 7 days a week, 24 hours a day. At
certain times, the Site and/or the Service may not be
available due to systems maintenance or reasons beyond our
control. We do not warrant that the Site or the Service will
be available at all times.
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5.4
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We
cannot always carry-out a transaction immediately upon
receipt of your instructions. Some matters may take time to
process and certain instructions may only be processed
during normal banking hours even though BRAC Bank Internet Retail
Banking may be accessible outside such hours.
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5.5
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Although
we take reasonable precautions in ensuring our software and
materials are virus free, we cannot guarantee that the
materials or software you download or use from the Site are
free from viruses or other damaging codes or programs. It is
a condition of allowing you to download from the Site that
any liability on our part in respect of, or arising directly
or indirectly from, any virus or other damaging code or
program, or howsoever caused, is excluded to the extent
permitted by law and save for such defects caused by our
negligence. Therefore, you should run up to date virus
checking software as soon as you download any materials or
before installing any software.
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5.6
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When
you access the Site and use BRAC Bank Internet Retail Banking you
must ensure all the information you input is accurate and
truthful and you agree that you shall not access the Site or
use BRAC Bank Internet Retail Banking for any illegal or improper
purposes.
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5.7
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Subject
to the terms and conditions that apply to each of our
products and services, you hereby authorize us to accept and
act upon your electronic instructions, except that we may,
in our absolute discretion and without reason, choose not to
act upon any of your instructions and we exclude any and all
liability in relation to the exercise of this discretion. We
reserve the right to block or suspend your access to BRAC Bank
Internet Retail Banking if there is any failure or error in
relation to the use of your Customer Security Codes. In
making an assessment of cases of repeated entry failure, we
reserve the right to take into account any recent failed
attempts to access your Account via the BRAC Bank Internet Retail
Banking service, where applicable. We will normally block
access in the event of three consecutive Security Number
entry errors. In the event that access to BRAC Bank Internet
Retail Banking is blocked, you may present yourself in
person to the Bank or inform us by calling our helpline on +973
172077777 whereupon we will verify your identity and
determine, in our absolute discretion, whether your access
to BRAC Bank Internet Retail Banking shall be unblocked.
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5.8
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We
reserve the right to deem all those who use the Service on
behalf of a Corporate Customer as having full authority of
such Corporate Customer to access the Service and use any of
the facilities offered by it. Corporate Customers should
take precautions to avoid the unauthorised use of their
Customer Security Codes, and ensure that all company
officers and employees that they authorise to use the
Service agree to comply with the provisions of clause 6.
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5.9
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Subject
to the terms and conditions of each of our products and
services we reserve the right to decline to operate the
relevant Account, to refuse a deposit or to terminate the
relevant Account. Nothing on this site shall be construed as
a legal offer to you to operate any Account or to use BRAC Bank
Internet Retail Banking in relation to any Account that you
currently operate or intend to apply to operate.
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5.10
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Subject
to the terms and conditions applied to the e-Remittance
facility,
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5.10.1
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The
transfer of funds to the account in India will be made in
equivalent INR only. The amount of remittance will be
converted to equivalent INR at the appropriate rate as per
the exchange rate table maintained in the bankâs system.
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5.10.2
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In
the normal circumstances, once the customer request is
accepted by the system, the funds transfer will be executed
on the same day, however, not later than TWO working days.
The funds will be transferred to the beneficiary account
through NEFT (National Electronic Funds Transfer)/RTGS (Real
Time Gross Settlement) system or through any other
expeditious manner as deemed appropriate by the BRAC Bankâs
correspondent bank in India.
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5.10.3
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Requests,
if any, submitted by the customer on weekends or other
holidays, will be processed by the bank on the following
working day (subject to 5.10.2 above). The Bank shall not
assume any responsibility for any delay in effecting the
remittance of funds due to closure of the banks in India on
account of holidays, strikes, riots or civil commotions,
natural calamities or due to any other technical problems or
for reasons beyond the bankâs control.
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5.10.4
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The
customer should ensure that there are sufficient funds (or
prearranged credit facilities) in his/her account for the
e-Remittance transactions and the Bank 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.
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5.10.5
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The
customer accepts that he/she will be responsible for keying
in the correct information for all the requests. Under no
circumstances, the bank will be held liable for any
erroneous transactions incurred arising out of the customer
entering wrong information. The bank is not bound to act on
such requests and will not be responsible for any delay,
omission or mistake in processing the requests. Under
no circumstances, the customer will be able to revoke his/her
request through the Internet Banking, once accepted by the
system.
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5.10.6
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In
case the funds could not be remitted to the beneficiary
account or if the funds are returned by the beneficiary bank
for reasons of non-availability of sufficient information
including wrong account details or for any other reason, the
INR amount so returned will be credited to the customerâs
account converted at the appropriate rate by the system.
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5.10.7
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The
Bank shall recover the standard service charges, as per its
Schedule of Fees & Service Charges or any pre-approved
special charges as applicable for each outward remittance or
for any returned funds in addition to the amount of
remittance. The customer hereby authorizes the bank to
recover the service charges by debiting his/her
account(s) as deemed appropriate.
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5.11
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If
you encounter any difficulties accessing or using the Site,
you should telephone our helpline for assistance on +044
6698 6698 (during normal working hours) or email
us on demobank@clayfin.com (6.6)
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6
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Security
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6.1
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You
may only access BRAC Bank Internet Retail Banking by entering your
Customer Security Codes as and when prompted to do so on the
Site. You must not allow anyone else to use the Service on
your behalf.
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6.2
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You
must take all reasonable precautions to prevent the theft,
disclosure or unauthorized use of your Customer Security
Codes. In particular, you should never write down your
Security Number, and you should immediately destroy any
correspondence from us notifying you of your Security
Number. In addition, you should never reply to fraudulent
emails requesting to update Customer information that
entails you to enter your Customer Security Codes. We insist
that you should enter our website directly and not through
links from emails, advertisements or other variety of
mediums. When we give you the opportunity to change your
Security Number, you should not choose a number which may be
easy to guess, such as dates of birth, telephone numbers
etc.
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6.3
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Once
you have accessed BRAC Bank Internet Retail Banking you must not
at any time leave the internet terminal unattended from
which you are using the Service or let any other person use
such terminal before you have completely exited the Site.
You are responsible for ensuring that you always log-off the
Site at the end of every session. You should ensure that any
facility of your internet browser to save your password
automatically or prompt you in any way is not enabled when
you use BRAC Bank Internet Retail Banking.
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6.4
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You
must inform us immediately by either telephoning the Bank
normal security desk on +973 17207485 (or such
other number as may be published from time to time), or our
helpline on +973 17207777, or by informing the
counter staff at one of our branches if you become aware of
any unauthorized access to your Account or of the loss or
theft of a record of any of your Customer Security Codes or
if you suspect that any of your Customer Security Codes have
become known to someone else.
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6.5
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You
should check your Account records carefully and immediately
inform us as soon as you become aware of any transactions
that you think are errors or are transactions that you did
not authorize, or you think were made by someone else
without your permission, or if you become aware of any
abnormal delays in processing your transactions.
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6.6
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You
should note that the sending of personal information via
email and over the Internet may not be secure and can be
intercepted by third parties or incorrectly delivered. We
will not be responsible or held liable for any losses
suffered as a result of information intercepted en-route to
us or mis-delivered.
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6.7
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We
will take such reasonable precautions as may be necessary to
ensure that information concerning your Account used in
relation to the Service will remain confidential and
protected from unauthorized access but we will not otherwise
be liable for any unauthorized access by any means to that
information. In the event you suffer losses as a result of
unauthorized access to your Account or use of your Customer
Security Codes you may be liable for all losses that you
incur as a result or any losses suffered or incurred by the
Bank.
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6.8
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For
your protection, we reserve the right to refuse access and
block your Account if:
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6.8.1
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incorrect
Customer Security Codes are used cumulatively for either BRAC Bank
Internet Retail Banking or the BRAC Bank Telebank service more
than three times to attempt to access; or
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6.8.2
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we
suspect an unauthorized person is attempting or has
attempted to access BRAC Bank Internet Retail Banking.
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7
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Use
and Disclosure of Personal and Company Information
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7.1
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You
agree that we may hold and process by computer or otherwise
any personal or Company information provided by you and you
further agree that personal and Company information may be
used by us in providing or improving the BRAC Bank Internet Retail
Banking service or to respond to your queries.
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7.2
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You
agree that we can use personal and Company information as
follows:
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7.2.1
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for
assessment and statistical analysis for our business; and
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7.2.2
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to
identify products and services which may be of interest to
you and which may be offered by message, telephone or other
means of communications, by us, our associates or any other
carefully selected organisation or company.
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7.3
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We
may not disclose personal or Company information except:
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7.3.1
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to
our agents, insurers and sub-contractors who have agreed to
keep your personal information strictly confidential;
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7.3.2
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to
credit reference agencies including full information about
any Accounts;
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7.3.3
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to
linked suppliers to the extent that they need your personal
information to provide their services to you and/or for the
purposes set out in clause 7.2;
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7.3.4
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for
debt tracing or fraud prevention;
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7.3.5
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to
any person to whom we assign or transfer our rights and/or
obligations; and
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7.3.6
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if
required or compelled to do so by law, or requested to do so
by the police.
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7.4
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Although
we take reasonable care to ensure the security of BRAC Bank
Internet Retail Banking and the confidentiality of the data
stored and used by it, we cannot guarantee the privacy or
confidentiality of any information relating to you passing
over the internet.
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7.5
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We
may store some information on your own hard disk (a cookie).
This helps us to match the Service to your preferences. You
can choose to accept or delete cookies. Deleting them may
mean the Service does not work properly.
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8
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Fees
and Charges
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8.1
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Subject
to the terms and conditions of our other products and
services, our standard fees and charges shall apply in
respect of BRAC Bank Internet Retail Banking. We may alter our
fees and charges from time to time. You will be notified of
any such changes.
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8.2
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BRAC Bank
Internet Retail Banking is a free service, but we reserve
the right to charge a fee for certain services in the
future. You will at all times be responsible for your own
costs of accessing this Site.
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9
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Copyrights,
Trademarks and Copying Materials on this Site
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9.1
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We
own, or are licensed in relation to, all intellectual
property on this Site and all rights are reserved.
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9.2
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You
may only print, copy, download or temporarily store extracts
from the Site for your personal information when you access
this Site and use BRAC Bank Internet Retail Banking to operate
your Account. Any use of this Site otherwise than in
accordance with these Terms and Conditions is not permitted.
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10
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Information
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10.1
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The
information provided on the Site is provided for your
information and general interest only. We disclaim all
express or implied representations or warranties that this
Site is accurate, free from errors, complete, up to date or
that the products or services available through the Site are
suitable for you and the Site is subject to change and
update by us from time to time without notification to you.
We shall not be liable for any loss or damage howsoever
caused arising as a result of use of, or reliance on, any
information, whether provided by us or third parties
(including anything linked to this Site), whether authorized
or not, to the maximum extent permitted by the applicable
law.
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10.2
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Nothing
on this Site should be construed as an advertisement or
solicitation for any products or services or their use which
is not authorized by the applicable laws and regulations of
your place of citizenship, domicile, incorporation or
residence.
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11
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Links
to other Websites
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11.1
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The
provision by us of a link to another website does not
constitute any authorization by us for you to access
material held at that location, nor is it evidence of any
endorsement by us of the material held there. We accept no
responsibility or liability in relation to your access and
use of such websites, as these are beyond our control. We
will accept no responsibility or liability in respect of any
materials on any website which is not under our control.
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12
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General
Indemnity
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12.1
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You
agree to indemnify us (and our agents) and hold us harmless
against all reasonable costs and expenses, damages,
liabilities and losses which we (or our agents) may suffer
or incur directly or indirectly as a result, or in
connection with, or arising out of this Site, or these Terms
and Conditions or BRAC Bank Internet Retail Banking or any
transaction effected on your instructions and against any
claims which may be made against us in the performance of
our powers or duties (including in any such case any costs
of enforcing the same), to the extent allowable by law and
save in the case of our negligence.
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13
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Liability
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13.1
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Subject
to the Terms and Conditions of our other products and
services, we shall not be liable for any loss resulting from
any act or omission made under or in relation to or in
connection with this Site or these Terms and Conditions or
by BRAC Bank Internet Retail Banking.
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13.2
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We
shall not be liable to you for any delay in performance, or
for the non-performance of any of the obligations under
these Terms and Conditions by reason of any cause beyond our
reasonable control, including but not limited to any
downtime, unavailability, failure, malfunction, distortion,
hacking or interruption of the Site, or for any losses
caused by the occurrence of any contingency beyond our
reasonable control.
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13.3
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We
shall not be liable for any losses or delays in the
transmission of instructions caused by any other person,
including, without limitation, any Internet Service
Provider, or by any software failure.
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14
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Amendments
of Terms and Conditions
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14.1
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We
reserve the right to amend these Terms and Conditions from
time to time without notice and you must read these Terms
and Conditions at regular intervals to ensure that you are
familiar with their content.
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15
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Severability
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15.1
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If
any provision of these Terms and Conditions is void or
unenforceable, such ineffectiveness or unenforceability
shall not affect the validity or enforceability of any other
provision.
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16
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Waiver
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16.1
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We
may waive any term or provision of these Terms and
Conditions at any time or from time to time, but any such
waiver shall not be deemed a waiver of such term or
provision in the future.
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17
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Contacting
each other
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17.1
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You
may contact us by post, telephone, or e-mail as directed by
us and subject to changes you may be informed of from time
to time, and we will contact you using the latest details
you have given us. You shall inform us immediately if your
name, address, telephone, e-mail or any other details
change. If you do not do this we may charge you any expenses
we may incur in tracing you and we cannot be held
responsible for mis-delivered personal information sent
using your old contact details or any loss or damage
suffered as a result thereof.
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17.2
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If
you send us an e-mail as permitted by the Site, you are
responsible for ensuring that it reaches us and you accept
the risk of the e-mail being undelivered or misdelivered. No
communication, instruction, offer or acceptance of an offer
will have any affect whatsoever until such time as it is
received by us.
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18
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Notices
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18.1
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All
notices that we require to be sent to you in relation to BRAC Bank
Internet Retail Banking and the Terms and Conditions of our
other products and services may be sent in writing or
electronically via email. All such notices will be deemed to
have been received by you:
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18.1.1
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in
the case of posting, 5 days from dispatch to the last postal
address provided by you; and
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18.1.2
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in
the case of notification by email, 5 days from dispatch of
the email.
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19
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Termination
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19.1
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Subject
to the Terms and Conditions of our other products and
services, each party shall have the right at all times by
giving not less than 15 daysâ prior written notice to the
other to terminate these Terms and Conditions. In addition
to any blocking or suspension of access under clauses 5 or
6, we may terminate access to BRAC Bank Internet Retail Banking
immediately and without notice should we become aware of,
suspect, or anticipate your breach of any of these Terms and
Conditions or of the terms and conditions that apply to any
of your Accounts.
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19.2
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Termination
shall be without prejudice to all accrued rights and
remedies under these Terms and Conditions.
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20
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Assignment
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20.1
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You
shall not assign or transfer your rights or obligations
under these Terms and Conditions to any third party.
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21
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Records
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21.1
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You
agree that our records, unless shown to be wrong, will be
evidence of your dealings with us in connection with BRAC Bank
Internet Retail Banking.
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22
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Governing
Law, Submission to Jurisdiction
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22.1
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These
terms and conditions are governed by and will be construed
in accordance with Bahrain Law. When you use this Site you
accept that your use of this Site and any information on the
Site will be governed by the Laws of Bahrain and you submit
to the non-exclusive jurisdiction of the competent courts of
Bahrain.
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