Terms & Conditions for
These
Terms of Service form an agreement between the customer and Karnataka Bank Ltd
(hereafter referred to as the Bank) that governs the access to and use of our
Payment through Mobile Service - Paymate (hereinafter
referred to as the Service Provider).By Submitting a signed application form to
the branch or through Internet Banking or ATM you agree to be bound by these
terms of service.
1. Requirements for Registration: Your valid mobile number in the
application which will be mapped to your account number or to the ATM/ Debit
card issued by the Bank against your bank account as a Payment Instrument to
make Payment Transactions and pay fees and other obligations arising from your
use of the Service. You must provide current, complete and accurate information
and maintain it as current and accurate. Bank may require you to provide
additional information as a condition of continued use of the Service, or to
assist in determining whether to permit you to continue to use the Service.
Bank in its sole and absolute discretion, may refuse to approve or may
terminate existing registrations with or without cause or notice, other than
any notice required by any applicable law, and not waived herein. By agreeing
to these Terms of Service for Buyers, you represents that you are:
a. 18 years old or older; and
b. capable of entering into a legally binding agreement
2. Username and Password Information: You are responsible for:
1) maintaining the
confidentiality of your PIN,
2) any and all
transactions by persons that you give access to or that otherwise use such PIN,
and
3) any and
all consequences of use or misuse of your PIN.
You agree to notify us
immediately of any unauthorized use of your PIN or any other breach of security
regarding the Service of which you have knowledge. You also undertake to delete
all messages relating to the service from the inbox/sent items folder in the
mobile phone. You shall be responsible for all actions by agents,
representatives and others, regardless of whether authorized by you to access
the Service using your PIN.
3. Permissible Payment
Transactions: You may only use the Service to process a Payment Transaction for a
Product that is purchased from a Merchant through a legitimate, bona fide sale
of the Product. The Service shall not be used to process a Payment Transaction,
or otherwise transfer money between you and a Merchant, that is unrelated to a
purchase of a Product. The Service may not be used to receive cash advances
from Merchants or to facilitate the purchase of cash equivalents (travelers cheques, prepaid cards,
money orders, etc.). You may not use the Service to process Payment
Transactions in connection with the sale or exchange of any illegal goods or
services or any other underlying illegal transaction. In particular, you shall
not use the Service or process Payment Transactions in connection with the sale
or purchase of goods or services, or other remittances that are prohibited
under the (Indian) Foreign Exchange Management Act, 1999 and the regulations
made there under, as may be amended from time to time. You agree that you will
not use the Service to process Payment Transactions for any Products that
violate these Terms of Service, other policies or rules applicable to the
Service, or applicable law. The current policy that establishes the Products and
other transactions that may not be paid for with the Service include 1)
Firearms 2) Alcohol 3) Explosives 4) Pornography materials and services of any
kind whatsoever 5) Live animals 6) Banned / illegal drugs or other controlled
substances 7) Fireworks or pyrotechnic devices or supplies 8) Hazardous
materials, combustibles, corrosives 9) Web site access and / or web site
memberships of pornography or illegal sites. 10) Gambling transactions. Failure
to comply with these limitations may result in suspension or termination of
your use of the Service.
4. Payment Transaction
Processing: The
Service facilitates the processing of Payment Transactions to complete a
payment for a purchase between you and a Merchant. The service will store
information from you, such as your Payment Instruments and shipping
information, and will process Payment Transactions on behalf of Merchants
through the appropriate payment gateway network. You authorize Bank to charge
or debit your payment instruments to complete processing of a Payment
Transaction. You also authorize the crediting to your Payment instrument in
connection with reversals, refunds, or adjustments through the Service. You
acknowledge and agree that your purchases of Products are transactions between
you and the Merchant and not with the Bank. Bank is not a party to your
purchase of Product/services, and Bank is not a buyer or a Merchant in
connection with any Payment Transaction. You agree that as all the transactions
in M-Commerce is instantaneous in nature and will be acted upon by Bank
immediately on receipt of necessary instructions from me over my mobile phone,
no stop-payment instructions from me could be accepted and acted upon by Bank.
5. Service Fees: You agree that the service charges levied for
the use of the facility/services may be debited to your account from time to
time. Bank is at liberty to change/ modify the service charges associated with
the facility/service. These changes or modifications will be communicated
through Bank’s Web Site (www.karnatakabank.com).
6. Refunds: Bank is only
a facilitator in making payments to the Merchants. Any refunds related to
non-delivery/ defective goods/ services should be taken up with the
Merchant/service provider concerned.
7. Limitations on the
Use of Service: Bank may establish general practices and limits concerning use of the
Service, including without limitation individual or aggregate transaction
limits on the rupee amount or number of Payment Transactions during any
specified time period(s). Bank reserve the right to change, suspend or
discontinue any aspect of the Service at any time, including hours of operation
or availability of the Service or any Service feature, without notice and
without liability. Bank also reserve the right to
impose limits on certain Service features or restrict access to parts or all of
the Service without notice and without liability. Bank may decline to process
any Payment Transaction without prior notice to you or a Merchant. Bank
does not warrant that the functions contained in the Service will be
uninterrupted or error free and shall not be responsible for any service
interruptions (including, but not limited to, power outages, system failures or
other interruptions that may affect the receipt, processing, acceptance,
completion or settlement of Payment Transactions or the Service). Bank may
limit or suspend your use of the Service at any time, at our sole and absolute
discretion. If Bank suspends your use of the Service, Bank will attempt to
notify you by electronic mail. Suspension of the use of the Service will not
affect the rights and obligations pursuant to these Terms and Condition of
Service arising before or after such suspension.
8. No Endorsement of
Products: Bank does not
represent or endorse, and shall not be responsible for: (i)
the safety, quality, accuracy, reliability, integrity or legality of any
Product, the truth or accuracy of the description of Products, or of any
advice, opinion, offer, proposal, statement, data or other information
(collectively, “Content”) displayed or distributed, purchased or paid through
the Service, or the Merchant Web Sites/Electronic Catalogues/Retail
establishments; or (ii) the ability of you to buy Products or Merchants to
deliver Products. Bank hereby disclaims any liability or responsibility for
errors or omissions in any Content or in the Service. Bank reserves the right,
but shall have no responsibility, to edit, modify, refuse to post or remove any
Content, in whole or in part, that in Bank’s sole and absolute discretion is objectionable,
erroneous, illegal, fraudulent or otherwise in violation of these Terms of
Service.
9. Use of Electronic
Communications: Bank may communicate with you regarding the Service by means of electronic
communications, including (i) sending electronic
mail/text message to the email address/Mobile Number provided by you during
registration, or (ii) posting notices or communications on a Bank’s Web Site (www.karnatakabank.com). You agree that Bank may communicate
with you by means of electronic communications the following: (a) Terms of
Service (and revisions or amendments), (b) notices or disclosures regarding the
Service, (c) payment authorizations, (d) communications on new
services/offers/promotions and any other matter relating to your use of the service.
You should maintain copies of electronic communications by printing a paper
copy or saving an electronic copy. Electronic communications shall be deemed to
be received by you when Bank sends the electronic communication to the email
address/mobile number provided by you at the time of registration or as revised
by you thereafter in accordance with these Terms of Service, or when we post
the electronic communication on a Bank’s Web Site (www.karnatakabank.com).
10. Your Responsibility
for Taxes: The
reporting and payment of any applicable taxes arising from the use of the
Service is the responsibility of the customer. The customer hereby agrees to
comply with any and all applicable tax laws, including the reporting and
payment of any taxes arising in connection with Payment Transactions.
11. Indemnification: You agree to indemnify, defend and hold
harmless the Bank and its directors, officers, owners, agents, co-branders or
other partners, employees, information providers, licensors, licensees, consultants,
contractors and other applicable third parties (collectively "Indemnified
Parties") from and against any and all claims, demands, causes of action,
debt or liability, including
reasonable attorneys fees, and costs incurred by the Indemnified Parties
arising out of, related to, or which may arise from: (a) your use of the Service (b) any breach or non-compliance by you of
any term of these Terms of Service or any of the Bank’s policies; (c) any
dispute or litigation caused by your actions or omissions; or (d) your
negligence or violation or alleged violation of any law or rights of a third
party.
12. Disclaimer of
Warranties: The
service, including all content, software, functions, materials, and information
made available on, provided in connection with or accessible through the
service, is provided "as is." to the fullest extent permissible by
law, Bank makes no representation or warranty of any kind whatsoever for the
service or the content, materials, information and functions made accessible by
the software used on or accessed through the service, or for any breach of
security associated with the transmission of sensitive information through the
service. Bank disclaims without limitation, any warranty of any kind with
respect to the service, non-infringement, merchantability, or fitness for a
particular purpose. Bank does not warrant that the functions contained in the
service will be uninterrupted or error free. Bank shall not be responsible for
any service interruptions, including, but not limited to, system failures or
other interruptions that may affect the receipt, processing, acceptance,
completion or settlement of payment transactions or the service.
13. Termination of
Service: Bank may, at
its sole and absolute discretion without liability to you or any third party,
terminate use of the Service for any reason, including without limitation
inactivity or violation of these Terms of Service or other policies Bank may
establish from time to time. Upon termination of your use of the Service, you remain
liable for all Payment Transactions and any other obligations you have
incurred. Upon termination, Bank has the right to prohibit your access to the
Service, including without limitation by deactivating your PIN, and to refuse
future access to the Service by you (or your relatives or known acquaintances
or if a business entity, its parent, affiliates or subsidiaries or its or their
successors).
14. Limitations of
Liability; Force Majeure:
To the fullest extent
permissible by law, in no event shall Bank be responsible or liable to you or
any third party under any circumstances for any indirect, consequential,
special, punitive or exemplary, damages or losses, including but not limited to
damages for loss of profits, goodwill, use data, or other intangible losses
which may be incurred in connection with any goods, services, or information
purchases, received, sold, or paid for by way of the service, regardless of the
type of claim or the nature of the cause of action, even if the Bank has been
advised of the possibility of such damage or loss Each party acknowledges that
the other party has entered into these Terms of Service relying on the
limitations of liability stated herein and that those limitations are an
essential basis of the bargain between the parties. In addition to and without
limiting any of the foregoing, Bank shall not have any liability for any
failure or delay resulting from any condition beyond the reasonable control of
such party, including but not limited to governmental action or acts of
terrorism, earthquake, fire, flood or other acts of
God, labour conditions, power failures and Internet
disturbances.
15. Modification of
Terms of Service for Buyers: Bank has the right, at its sole and absolute discretion, to
change, modify, or amend any portion of these Terms of Service at any time by
posting notification on Bank’s Website (www.karnatakabank.com)
or otherwise communicating the notification to you. The changes will become
effective, and shall be deemed accepted by you, after the initial posting and
shall apply on a going-forward basis with respect to Payment Transactions
initiated after the posting date. In the event that you do not agree with any
such modification, your sole and exclusive remedy is to terminate the use of
the Service.
16. Disputes: You agree to release Bank and its
directors, and our agents, contractors, officers, and employees, from all
claims, demands and damages (actual and consequential) arising out of or in any
way connected with a dispute/s. You agree that you will not involve Bank in any
litigation or other dispute arising out of or related to any transaction,
agreement, or arrangement with any Merchant, other Buyer, advertiser or other
third party in connection with the Service. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of the Bank
and shall provide indemnification as set forth herein, and (ii) the
jurisdiction for any such litigation or dispute shall be limited as set forth
below. In case, if you file a complaint with the Bank disputing transaction,
Bank will inform the same to the Service Provider. The complaints/grievances
arising out of mobile banking facility will be covered under the Banking
Ombudsman Scheme.
17. Jurisdiction;
Governing Law: This agreement shall be governed by and construed in
accordance with the laws of
For any query, feedback
or suggestion you may contact the branch. For any direct queries with M/s Paymate,
contact at: Phone No. 022-67242626,
E-mail ID: contact @ paymate.co.in.
Contact details of Karnataka
Bank (Toll free): 1800 – 425 - 1444. Or visit our website www.karnatakabank.com
I/We confirm having read and understood Karnataka Bank’s Terms
& Conditions for use of the Paymate Mobile
Payment facility.
Primary Account Holder Joint Account Holder 1 Joint
Holder 2
Signature:
Name:
Date: _______________