Terms and Conditions

9. JOINT STOCK COMPANY OR PARTNERSHIP OR TRUST ACCOUNTS

• 9.1 In case of accounts of Companies/Trust or other juristic entity, (hereinafter referred to as "Corporate Accounts) for transactions through Net Banking, ONLINECUB Customer shall intimate to the bank the names of persons authorized to operate the Net Banking facility jointly or in combination with more than one person, along with the financial limit, if any, within which each such authorized persons and/or all of them shall collectively operate duly supported by resolutions of Board of Directors/Trust/Governing Body etc as the case may be to the satisfaction of the Bank. Any intimation of change of instruction to the Bank should be supported by resolutions of Board of Directors/Trust/Governing Body etc as the case may be. Any instruction for change in such instruction shall take a minimum of days to come into effect. For operation of Net Banking of such accounts, user-ID will be provided along with separate login password and transaction Password for each such authorized person of the ONLINECUB Customer.
• 9.2 In case of joint accounts of Individuals/HUF/Partnership Firms, (hereinafter referred to as "Joint Accounts) for transactions through Net Banking, the ONLINECUB Customer shall intimate to the bank the names of persons authorized to operate the Net Banking facility jointly or in combination of more than one person, along with the financial limit, if any, within which each such authorized persons and/or all of them shall collectively operate, duly supported by signed resolutions /letters etc., as the case may be to the satisfaction of the Bank. Any intimation of change of instruction to the Bank should be supported by duly signed resolutions/letters etc as the case may be to the satisfaction of the Bank. Any change in such instruction shall not come into effect before the expiry of 7 working days from the date of receipt of such instruction. For operation of Net Banking facility for such accounts, user-ID will be provided along with separate login password and transaction password for each such authorized person of the ONLINECUB Customer. The other joint account holders/Partners/Board of Directors/ Trustees/Governing Body Members shall expressly agree with the arrangement and give their consent on the application form for use of Internet Banking for such Corporate/Joint Accounts by the designated authorised persons.
• 9.3 All correspondence will be addressed to the first named person in the case of joint accounts and to the ONLINECUB customers in all other cases to the addresses provided to the Bank. All transactions arising from the use of Internet Banking in the joint account/Corporate Account shall be binding on all the joint account holders//Partners/Board of Directors/Trustees/ Governing Body Members of such Corporate Accounts, jointly and severally.

10. ACCURACY OF INFORMATION

• USER is responsible for the correctness of information supplied to CUB through the use of Net Banking Facility or through any other means such as electronic mail or written communication. CUB accepts no liability for the consequences arising out of erroneous information supplied. If USER suspects that there is an error in the information supplied to the Bank, the USER shall advise the Bank as soon as possible. CUB will endeavor to correct the error wherever possible on a *best efforts* basis. If USER notices an error in the account information supplied, the Bank shall be informed as soon as possible. The Bank will endeavor to correct the error promptly.

11. RESPONSIBILITY AND LIMITATION OF LIABILITY OF BANK

• 11.1 If USER suspecting that a User-Id or password is known to another person and or notices an unauthorised transaction in the account the same should be reported to the bank.
• 11.2 CUB does not endorse any "Shippin Data" or Uploaded Information nor assumes any duty to check or verify any such Shipping Data or Uploaded Information.
• 11.3 The Bank shall not be liable for any unauthorised transactions occurring which can be attributed to the fraudulent or negligent conduct of the USER/Authorised Persons of USER.
• 11.4 The Bank will take reasonably practicable steps to ensure that its systems used in the provisions of Services are installed with adequate security designs and to control and manage the risks in operating systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to the Bank from time to time.
• 11.5 In the absence of any gross negligence, willful default or fraud on the part of the Bank, the Bank does not assume any liability or responsibility arising out of or in connection with:
• 11.5.1 Access to use of, or inability to access or use, the ONLINECUB by the USER
• 11.5.2 Any interruption, suspension, delay or other failure in the provision of the Services
• 11.5.3 Any mechanical failure, malfunction or interruption of the Services
• 11.5.4 Loss or corruption of data or information (including without limitation the Shipping Data and the Uploaded Information) transmitted, stored, disseminated or uploaded as part of the Services.
• 11.5.5 Any information and/or data from third party providers provided and/or transmitted and/or disseminated via the Services.
• 11.5.6 Any virus or other destructive features contained in the Services or in the information, data, electronic files, software or other materials provided or sent to or downloaded by the User/Customer as part of the Services
• 11.5.7 Any failure or delay in the provision of information and/or data via the Services.
• 11.6 In no event shall the Bank be liable to the ONLINECUB Customer/User or any other person for any direct, indirect, incidental, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits or savings, whether or not such loss or damage was foreseeable by the Bank.
• 11.7 Notwithstanding any provision in these Terms & Conditions, the Bank's entire liability hereunder shall be limited to the transaction charges/fees or consideration paid by the User/ONLINECUB Customer within the previous 12 months period for Net Banking Services.
• 11.8 The Bank shall not be liable to the User/ONLINECUB Customer/any other person for any loss or damage except as stated in Clause 9 which sets out the Bank's entire liability to the User/Customer/any other person in connection with the Services.
• 11.9 The Bank shall in no circumstances be held liable to the USER if access is not available in the desired manner for reasons including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or Internet or network failure, software or hardware error or any other reason beyond the control of the Bank.

• 12. Notwithstanding anything contained herein in the event of either Party suffering any liability, losses, claims, costs or expenses (Suffering Party) due to any direct fault and/or negligence of the other Party (Neglecting Party) then such Neglecting Party shall indemnify the Suffering Party against the same. The expression Suffering Party and Neglecting Party shall mean and include the employees of such Party.

13. INDEMNITY

• 13.1 In consideration of CUB providing the USER the Net Banking, USER shall, at USER's own expense, indemnify and hold the BANK, its directors and employees, representatives, agents and/or the Affiliates, as the case may be, indemnified against all losses and expenses on full indemnity basis which the BANK may incur, sustain, suffer or is likely to suffer in connection with the BANK or Affiliates execution of the user's instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason of providing a service through Net Banking for any action taken or omitted to be taken by the BANK and /or the Affiliates, its officers, employees or agents, on the instructions of the user. The user will pay the BANK and br the Affiliates such amount as may be determined by the BANK and/or the Affiliates to be sufficient to indeninify it against any such, loss or expenses even though they may not have arisen or are contingent in nature.
• 13.2 Further, USER agrees, at USER's own expense, to indemnify, defend and hold harmless CUB, its directors and employees, representatives, agents, and its Affiliates against any claim, suit, action or other proceeding brought against CUB, its directors and employees, representatives, agents, and Affiliates by a third party, to the extent that such claim, suit, action of other proceeding brought against CUB, its directors and employees, representatives, agents, and Affiliates is based on or arises in connection with the user of Net Banking with reference to:
• 13.2.1 a violation of the Terms contained herein by the user;
• 13.2.2 any deletions, additions, insertions or alterations to, or any unauthorized use of, Internet Banking by the user;
• 13.2.3 any misrepresentation or breach of representation or warranty made by the user contained herein;
• 13.2.4 or any breach of any covenant or obligation to be performed by the user hereunder.
• 13.3 The USER agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, and action or proceeding attributable to any such claim.
• 13.4 The USER hereby agrees that under no circumstances, CUB's aggregate liability for claims relating to Net Banking, whether for breach of in tort (including but not limited to negligence) shall exceed the transaction charges/fees or consideration paid by the USER within the previous twelve (12) months for availing Net Banking, excluding any amount paid towards transactions.

14. DISCLOSURE OF PERSONAL INFORMATION

• USER acknowledges that CUB or its contractors may hold and process USER's personal information on computer or otherwise in connection with services as well as for statistical analysis and credit scoring. USER agrees that the Bank may disclose, in strict confidence, to other institutions, such personal information as may be reasonably necessary for reasons, inclusive of, but not limited to, the following:
• 14.1 For participation in any telecommunication or electronic clearing network.
• 14.2 In compliance with a legal directive.
• 14.3 For credit rating by recognised credit scoring agencies.
• 14.4 For fraud prevention purposes

15. CUB s LIEN

• To the extent of all outstanding dues, whatsoever, arising as a result of the using ONLINECUB Service extended to and/ or used by the ONLINECUB customer, the Bank shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future on the deposits held in the ONLINECUB customers Primary Account and/ or Secondary Account(s) or in any other account, whether in single name or joint name(s) of the the ONLINECUB customer.