IMPORTANT: Please note carefully the User’s duties laid down in the Terms set out
herein below. If the User commits a breach of the duties the User may be liable for the transactions
even if the User did not authorise them. Please note that by accepting the Terms you are requesting
us to add all the User’s Account, including joint accounts, to the Internet Banking.
|In this document the following words and phrases shall have the meanings as set below unless
the context indicates otherwise:
||"Account(s)" refers to the user's bank account including joint accounts, card account,
Vastu Siddhi account, car loan account, consumer durable loan account, depository account
and/or any other type of account (each account hereafter referred to as an "Account"
and collectively as "Accounts"), so maintained with KJSB Bank or its Affiliate
which are eligible Account(s) for purposes of Internet Banking. One of these Accounts shall
be designated as the Main Account and all other Accounts, if any, of the user shall be referred
to as other Account(s).
||"Affiliate" of KJSB Bank shall mean and include (a) any company which is a subsidiary
of KJSB Bank. or (b) a person under the control of or under common control with The KJSB
"The Kalyan Janata Sahakari Bank: Corporate Internet Banking Bank" refers to The
The Kalyan Janata Sahakari Bank: Corporate Internet Banking Bank Limited, a Scheduled
Cooperative Bank registered under the Maharashtra Co-operative Societies Act, 1960 and
[licensed] as a bank under the Banking Regulation Act, 1949 and having its registered
office at 1444, Shukrawar Peth, Thorale Bajirao Road,Pune - 411 002, Maharashtra, INDIA.
||"Internet Banking" refers to the internet banking service offered or provided by KJSB
Bank to the User and which are described in the Terms by which the User may access information
and give KJSB Bank instructions in respect of certain of User’s Account(s) with the
KJSB Bank. Such Internet Banking may be provided by KJSB Bank directly or through its associates
or contracted service providers or Affiliate.
||"User" refers to a customer of KJSB Bank and/or of the Affiliate of KJSB Bank , authorised
to use Internet Banking or a person requesting the Internet Banking. In case of the User
being a minor, the guardian of such minor shall be permitted to use Internet Banking.
||"Personal Information" refers to the information provided by the User to KJSB Bank.
||"Terms" or “E-Terms” refer to these terms and conditions and any supplementary
terms and conditions which we will notify you of under Clause [21.1] below, as amended from
time to time .
||"Website" refers to the website owned, established and maintained by KJSB Bank located
at the URL http://kalyanjanata.in
In this document all references to the User refers to both masculine and feminine gender.
2. Applicability of Terms
|| These Terms form the contract between the user and KJSB Bank for availing Internet Banking. The
user shall apply to KJSB Bank in the prescribed form for use of Internet Banking. KJSB Bank
shall be entitled at its sole discretion to accept or reject such applications as may be
submitted by the users. In addition to what is provided hereinbefore the User agrees that
any use by the User of the Internet Banking shall constitute the User’s acceptance
of the Terms. The User applying for Internet Banking will also be deemed as acceptance of
the Terms and acknowledged thereof. Notwithstanding anything contained herein, all terms
and conditions stipulated by the Affiliates pertaining to the Accounts shall continue to
be applicable to the users provided in the event of a conflict in the terms stipulated by
the Affiliates and the terms herein, the terms herein shall have overriding effect. These
terms will be in addition to and not in derogation of the terms and conditions relating to
any account of the user. The KJSB Bank recommends to the User that he should store or print
off a copy of the Terms for his records.
3. Internet Banking
||For the purpose of availing Internet Banking, the User would need to have legal and valid access
to the Internet.
The information provided to the User through the Internet Banking is not updated continuously
but at regular intervals. Consequently, any information supplied to the user through
Internet Banking will pertain to the date and time when it was last updated and not as
the date and time when it is supplied or the date on which the internet is viewed
by the User. KJSB Bank shall not be liable for any loss that the User may suffer by relying
on or acting on such information.
KJSB Bank may keep its records of the transactions in any form it wishes. The KJSB Bank’s
records, unless shown to be wrong, shall be evidence of User’s dealings with the
KJSB Bank in connection with the Internet Banking. User agrees not to object to the admission
of KJSB Bank’s records as evidence in any legal proceedings because such records
are not originals, are not in writing or are documents produced by a computer. Where
the User agrees to give the KJSB Bank an instruction or request a transaction through
the Internet Banking the Terms will apply in addition to the existing terms in respect
of your dealings with KJSB Bank either in respect of particular accounts or products
or generally. In the event of inconsistency the Terms will apply.
Any request for any service, which is offered as a part of Internet Banking, shall be binding
on the User as and when KJSB Bank receives such a request. If any request for a service
is such that it cannot be given effect to unless it is followed up by requisite documentation
on part of the User, KJSB Bank shall not be required to act on the request until it receives
such documentation from the User.
||The User shall ensure that Internet Banking or any related service is not used for any purpose
which is illegal, improper or which is not authorised under these Terms.
||The User shall be aware that KJSB Bank uses very high level of encryption. The use of such encryption
may be illegal in certain parts of the world. It is the Users responsibility to ensure that,
if outside India the User’s ability to use the Internet Banking is permitted by the
local laws and KJSB Bank shall not be liable for any loss or damage suffered by the User
as a result of not being able to use the Internet Banking in such parts of the world.
||Notwithstanding anything contained in the Terms, due to the nature of Internet Banking, KJSB
Bank shall not be responsible for any loss or damage to the User’s data, software,
computer, telecommunication or other equipment caused by using the Internet Banking.
4. Unauthorised Access
||The User shall take all necessary precautions to prevent unauthorized and illegal use of Internet
Banking and unauthorized access to the Accounts provided by Internet Banking.
||KJSB Bank shall take all commercially reasonable care to, ensure the security of and to prevent
unauthorised access to the Internet Banking using commercially reasonable technology available
in India to KJSB Bank.
5. Internet Banking Access
||The User would be allotted an Internet Banking user-id and upto two secret passwords by KJSB
Bank in the first instance. The User will be required to change the password assigned by
KJSB Bank on accessing Internet Banking for the first time. As a safety measure, the User
shall change the password as frequently thereafter as possible. In addition to user-id and
password KJSB Bank may, at its discretion, advise the User to adopt such other means of authentication
including but not limited to digital certification and/ or smart cards. The User shall not
attempt or permit others to attempt accessing the Account information stored in the computers
of KJSB Bank or Affiliate through any means other than the Internet Banking.
6. Internet Banking Password
||The User acknowledges, represents and warrants that the password which will be issued to it,
provides access to the Account and that User is the sole and exclusive owner and is the only
authorised user of the password and accepts sole responsibility for use, confidentiality
and protection of the password, as well as for all orders and information changes (i.e.,
change of address) entered into Accounts using such password. The User grants express authority
to KJSB Bank for carrying out transactions and instructions authenticated by such password.
The User unconditionally undertakes to have Internet Banking password of such number of letters/digits
as may be notified by KJSB Bank from time to time and ensure that the same is kept confidential;
and to not let any unauthorised person have access to the internet while the User is accessing
the Internet Banking. If the User forgets the Internet Banking password or the Internet Banking
Password gets locked after a number of incorrect attempts, upto such number as may be intimated
by KJSB Bank from time to time, then the User may within three days from the time he/she
is not able to access his/her Account for the reasons mentioned herein request for the issue
of a new password through the [24-Hour Help Desk], Internet Banking Channel or to the
Branch concerned during business hours and this shall not be construed as the commencement
of a new contract. Such Password may be issued within such time as may be intimated by KJSB
Bank from time to time. The user agrees and acknowledges that KJSB Bank shall in no way be
held responsible or liable if the user incurs any loss as a result of information being disclosed
by KJSB Bank regarding his Account(s) or carrying the instruction of the User pursuant to
the access of the Internet Banking and the User shall fully indemnify and hold harmless KJSB
Bank and the Affiliate in respect of the same. The User shall maintain the secrecy of all
information of confidential nature and shall ensure that the same is not disclosed to any
person voluntarily, accidentally or by mistake. The User shall comply with such guidelines,
instructions or terms as KJSB Bank may prescribe from time to time with respect to the User’s
7. Joint Accounts
||In case of Joint Accounts, transactions through Internet Banking, the facility of Internet Banking
shall be available to the 1st account holder in his account held with the KJSB Bank and if
he is the Account holder and sole signatory or authorised to act independently in case of
a joint account. For such joint accounts, one user-ID and password for Internet Banking will
be issued to the first account holder when requested. The other joint account holders
shall expressly agree with the arrangement and give their consent on the application form
for use of Internet Banking. All correspondence will be addressed only to the first named
person in the joint account . All transactions arising from the use of Internet Banking in
the joint account shall be binding on all the joint account holders, jointly and severally.
||KJSB Bank reserves the right to charge and recover from the User service charge for providing
the Internet Banking (including but not limited to the right of charging the User for the
use of funds transfer through e-Cheques). The User hereby authorises KJSB Bank to recover
the service charge by debiting one of the Accounts of the User or by sending a bill to the
User who will be liable to make the payment within the specified period. Failure to do so
shall result in recovery of the service charge by KJSB Bank in a manner as KJSB Bank may
deem fit along with such interest, if any, and/or suspension of the facility of Internet
Banking without any liability to KJSB Bank.
9. Maintenance of Sufficient Balance
||The User shall ensure that there are sufficient funds (or prearranged credit facilities) in any
Account for transactions through the Internet Banking, and KJSB 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 provided always that KJSB Bank shall at its sole discretion,
be entitled to carry out the instructions notwithstanding such inadequacy without seeking
the prior approval from or notice to the User and the User shall be responsible to repay
with interest the resulting overdraft, advance or credit thereby created and for all related
to costs and charges.
||KJSB Bank may, at its discretion, levy penal charges for non-maintenance of the minimum balance.
In addition to the minimum balance stipulation KJSB Bank may levy service charges for use
of Internet Banking which will be notified by KJSB Bank to the User from time to time in
the manner deemed fit to the KJSB Bank. Any change in such service charges will also be notified
to the user in the manner deemed fit to the KJSB Bank. The User authorises KJSB Bank to recover
all charges related to Internet Banking as determined by KJSB Bank from time to time by debiting
one of the Accounts.
||KJSB Bank may withdraw the provision of Internet Banking, wholly or partly, if at any time the
amount of deposit falls short of the required minimum as aforesaid and / or if the service
charges remain unpaid, without giving any further notice to the User and / or without incurring
any liability or responsibility whatsoever by reason of such withdrawal.
10. Funds Transfer Through Internet Banking
||The User accepts that he will be responsible for keying in the correct account number for the
fund transfer request. In no case, KJSB Bank will be held liable for any erroneous transactions
incurred arising out of or relating to the User entering wrong account numbers.
||The User shall not use or attempt to use the Internet Banking for funds transfer through eCheques
without sufficient funds in the relative Account or without a pre-existing arrangement with
KJSB Bank for the grant of an overdraft. KJSB Bank will endeavour to effect funds transfer
transaction received through Internet Banking subject to availability of sufficient funds
in the Account. KJSB Bank shall specify from time to time the limit for carrying out various
kinds of funds transfer or any other services through Internet Banking. The said facility
will be provided in accordance with the arrangement between KJSB Bank and the Affiliates
and as per conditions specified by KJSB Bank from time to time.
||KJSB Bank shall not be liable for any omission to make all or any of the payments or for late
payments due to circumstances beyond its reasonable control including non-confirmation of
Payee Registration. KJSB Bank reserves the right to charge the User for the use of funds
transfer through eCheques by giving due notice on the website about such charges.
|| If funds transfer is made available to the User, it may be used for transfer of funds from Account
to other accounts belonging to third parties maintained at KJSB Bank and/or at any other
Bank which falls under the network of [Reserve Bank of India's Electronic Fund Transfer]
11. Transactions in Depository Account through Internet Banking
||KJSB Bank will install adequate systems to restrict the access of the transaction statement of
depository account only to the User. The User shall take all the necessary steps to ensure
confidentiality and secrecy of the login name and password allotted by KJSB Bank in this
regard. The User permits KJSB Bank to provide the transaction statement of the depository
account through internet (web-based and/or email). The User is aware that the transaction
statement may be accessed by other entities in case the confidentiality / secrecy of the
login name and password is compromised. In case the User opts for transaction statement through
email, it shall immediately inform KJSB Bank about change in email address, if any. KJSB
Bank may verify and confirm with the User about the change. KJSB Bank shall confirm with
the User about validity of the email address atleast once in a year.
||The User agrees not to receive transaction statement in paper form from KJSB Bank. Provided however
that, in case when the KJSB Bank is not able to provide transaction statement to its Users
through internet (web-based / email) due to any unforeseen problems, KJSB Bank will ensure
that the transaction statement reaches to the User in physical form as per the time schedule
stipulated in the [Bye Laws & Business Rules of National Securities Depositary Limited].
||The above terms are in addition to and not in contravention of the terms and conditions forming
a part of the "AGREEMENT BETWEEN THE PARTICIPANT AND THE person SEEKING TO OPEN AN ACCOUNT
WITH THE PARTICIPANT" signed by the User at the time of opening the account with the
12. Hot Payment Facility
||[KJSB Bank provides the facility of payment for transactions executed on internet through different
sites. KJSB Bank will execute such transactions only for the sites specified on its website
“http://kalyanjanata.in” and will be responsible for transferring the amount
debited to the customer to the [Account maintained by the Service Provider] however it will
not be held responsible for any informational content on any other site.]
13. Application for Facilities through Internet Banking
||The User shall have the option of applying for facilities provided by KJSB Bank on Internet Banking.
The facility to a User shall be extended to the User subject to the User complying with KJSB
Bank’s credit parameters and submitting all documents required by KJSB Bank in a physical
form to KJSB Bank. KJSB Bank may in its sole discretion reject the application for the facility
by the User.
||The User can check the availability of a pre-approved offer by KJSB Bank to him through Internet
Banking. The eligibility of a User for a facility provided by KJSB Bank shall be decided
by KJSB Bank. Any pre-approved offer by KJSB Bank to the User does not constitute grant of
facility to the User and shall be subject to the User complying with KJSB Bank's credit parameters
and submitting all documents required by KJSB Bank in a physical form to KJSB Bank.
||The User shall be given a reference number on making an application for a facility provided by
KJSB Bank on Internet Banking. The reference number can be used by the User for checking
the status of his application for facility with KJSB Bank through Internet Banking or [by
calling the Call Centers of KJSB Bank]. The reference number given by KJSB Bank to the User
does not constitute grant of facility to the User.
||Not all Accounts can be accessed under the Internet Banking.
||The User authorises the KJSB Bank to add all Accounts (including joint accounts) that the User
holds with the KJSB Bank now or in the future, which are available on the Internet Banking,
to the Internet Banking.
14. Authority to KJSB Bank for Internet Banking
||The User irrevocably and unconditionally authorises KJSB Bank to access all his Account(s) for
effecting banking or other transactions performed by the User through the Internet Banking.
The instructions of the User shall be effected only when such instruction is in accordance
with the prescribed procedure.
||KJSB Bank shall have no obligation to verify the authenticity of any transaction / instruction
received or purported to have been received from the User through Internet Banking or purporting
to have been sent by the User other than by means of verification of the Internet Banking
user-I D and the password.
||The read-out, the faxed /email output or the printed output, if any, that is received by the
User at the time of operation of Internet Banking is a record of the operation of the computer
by the User and shall be accepted as conclusive and binding for all purpose. All the records
of KJSB Bank generated by the transactions arising out of the use of the Internet Banking,
including the time the transaction recorded shall be conclusive proof of the genuineness
and accuracy of the transaction. While KJSB Bank and the Affiliates shall endeavour to carry
out the instructions promptly, they shall not be responsible for any delay in carrying on
the instructions due to any reason whatsoever, including due to failure of operational systems
or any requirement of law. All the transactions arising through the use of the Internet Banking
to operate a joint account shall be binding on all the joint account holders, jointly and
||All instructions for Internet Banking shall be given, through computer or any other medium/channel
enabled by KJSB Bank for the purpose, by the User in the manner indicated by KJSB Bank. The
User is also responsible for the accuracy and authenticity of the instructions provided to
KJSB Bank and/or Affiliates and the same shall be considered to be sufficient to operate
the Internet Banking. KJSB Bank shall not be required to independently verify the instructions,
and the instruction shall remain effective till such time the same is countermanded by further
instructions by the User. KJSB Bank shall have no liability if it does not or is unable to
stop or prevent the implementation of an instruction which is subsequently countermanded.
Where KJSB Bank considers the instructions to be inconsistent or contradictory it may seek
clarification from the User before acting on any instruction of the User or act upon any
such instruction as it deems fit. KJSB Bank states that it has no liability or obligation
to keep a record of the instructions to provide information to the User or for verifying
User's instructions. KJSB Bank may refuse to comply with the instructions without assigning
any reason and shall not be under any duty to assess the prudence or otherwise of any instruction
and have the right to suspend the operations through the Internet Banking if it has reason
to believe that the User's instructions will lead or expose to direct or indirect loss or
may require an indemnity from the User before continuing to operate the Internet Banking.
||Any instruction, order, direction, request entered using the password of the user shall be deemed
to be an instruction, order, directive, request received from the User. All instructions,
requests, directives, orders, directions, entered by the User, either electronically or otherwise,
are based upon the User's decisions and are the sole responsibility of the User. The User
understands that entering an instruction, direction, order, request with KJSB Bank, either
electronically or otherwise, does not guarantee execution of such instruction, direction,
order, request. KJSB Bank shall not be deemed to have received any instruction, direction,
order, request electronically transmitted by the User until it confirms the receipt of such
instruction, direction, order, request.
16. Accuracy of Information
||The User is responsible for the correctness of information supplied to KJSB Bank for use of the
Internet Banking / while using any facility of Internet Banking or through any other means
such as electronic mail or written communication. KJSB Bank accepts no liability for the
consequences arising out of erroneous information supplied by the User. If the User notices
an error in the information supplied to KJSB Bank either in the application form or any other
communication, he shall immediately advise KJSB Bank which will endeavour to correct the
error wherever possible on a "reasonable efforts" basis.
17. Liability of the User and KJSB Bank
||Neither KJSB Bank nor the Affiliates shall be liable for any unauthorised transactions occurring
through the Internet Banking and the User hereby fully indemnifies and holds KJSB Bank and
the Affiliates harmless against any action, suit, proceeding initiated against it or any
loss, cost or damage incurred by it as a result thereof. KJSB Bank shall under no circumstance
be held liable to the User if the Internet Banking is not available in the desired manner
for reasons including but not limited to natural calamities, legal restraints, faults in
the telecommunication network or network failure, or any other reason beyond the control
of KJSB Bank. Under no circumstances shall KJSB Bank be liable for any damages whatsoever
whether such damages are direct, indirect, incidental consequential and irrespective of whether
any claim is based on loss of revenue, interruption of business or any loss of any character
or nature whatsoever and whether sustained by the User or by any other person. Illegal or
improper use of the Internet Banking shall render the User liable for payment of financial
charges as decided by KJSB Bank or will result in suspension of the operations through the
18. Disclaimer of Warranties
||The User expressly agrees that use of the Website is at its sole risk. The Website is provided
on an "as is" and "as available" basis.
||Except as warranted in the Terms, KJSB Bank expressly disclaims all warranties of any kind, whether
express or implied or statutory, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose, data accuracy and completeness, and any
warranties relating to non-infringement in Internet Banking.
||KJSB Bank does not warrant that access to the Website and Internet Banking shall be uninterrupted,
timely, secure, or error free nor does it make any warranty as to the results that may be
obtained from the Website or use, accuracy or reliability of Internet Banking.
||KJSB Bank will not be liable for any virus that may enter the User's system as a result of the
User using Internet Banking. KJSB Bank does not guarantee to the User or any other third
party that Internet Banking would be virus free.
||In consideration of KJSB Bank providing the User the Internet Banking, the User shall, at his
own expense, indemnify and hold KJSB 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 KJSB Bank may incur, sustain, suffer or is likely to suffer
in connection with KJSB 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 Internet Banking for any action
taken or omitted to be taken by KJSB Bank and /or the Affiliates, its officers, employees
or agents, on the instructions of the User. The User will pay KJSB Bank and /or the Affiliates
such amount as may be determined by KJSB Bank and/or the Affiliates to be sufficient to indemnify
it against any such, loss or expenses even though they may not have arisen or are contingent
Further, the User agrees, at its own expense, to indemnify, defend and hold harmless KJSB
Bank, its directors and employees, representatives, agents, and its Affiliates against
any claim, suit, action or other proceeding brought against KJSB Bank, 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 KJSB Bank, its directors
and employees, representatives, agents, and Affiliates is based on or arises in connection
with the user of Internet Banking with reference to:
- a violation of the Terms contained herein by the User;
- any deletions, additions, insertions or alterations to, or any unauthorized use of, Internet
Banking by the User;
- any misrepresentation or breach of representation or warranty made by the User contained
- any breach of any covenant or obligation to be performed by the User hereunder.
||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, action or proceeding attributable to any such
||The User hereby agrees that under no circumstances, KJSB Bank's aggregate liability for claims
relating to Internet Banking, whether for breach of in tort (including but not limited to
negligence) shall be limited to the transaction charges/fees or consideration paid by the
User within the previous twelve (12) months for Internet Banking, excluding any amount paid
20. Disclosure of Information
||The User agrees that KJSB Bank and/or Affiliates or their contractors may hold and process his
personal Information and all other information concerning his Account(s) on computer or otherwise
in connection with the Internet Banking as well as for analysis, credit scoring and marketing.
The User also agrees that KJSB Bank may disclose, in strict confidence, to other institutions
or persons, such personal Information as may be reasonably necessary for reasons inclusive
of but not limited to participation in any telecommunication or electronic clearing network,
in compliance with a legal directive, for credit rating by recognised credit scoring agencies,
for fraud prevention purposes to regulatory bodies, government agencies, law enforcement
bodies and courts, for legal proceedings to Users executors, administrator or legal representatives.
||In certain circumstances KJSB Bank may not be able to disclose to the User what personal information
is held about the User including where
- it will threaten the privacy of other individuals;
- the information relates to anticipated legal obligations;
- the information relates to anticipated legal proceedings;
- the information would reveal KJSB Bank’s commercially sensitive decision making
- the law prevents KJSB Bank from disclosing the information
21. Change of Terms
||KJSB Bank shall have the absolute discretion to amend or supplement any of the Terms at any time
and will endeavour to give prior notice of fifteen days for such changes wherever feasible.
Such change to the Terms shall be communicated to the User. By using any new services as
may be introduced by KJSB Bank, the User shall be deemed to have accepted the changed Terms.
|| The grant of Internet Banking to a User is not transferable under any circumstance and shall
be used only by the User.
23. Termination of Internet Banking
||The User may request for termination of the Internet Banking any time by giving a written notice
of at least 15 days to KJSB Bank. The termination shall take effect on the completion of
the fifteenth day. The User will remain responsible for any transactions made through the
Internet Banking until the time of such termination. For the access of Depository Account
through Internet Banking User and KJSB Bank shall have the right to terminate the applicability
Clause 11 of this agreement after giving a notice of at least 10 days to the other party.
||KJSB Bank may withdraw or terminate the Internet Banking anytime either entirely or with reference
to a specific service or User; or in case of breach of Terms by the User without a prior
notice; or if it learns of the death, bankruptcy or lack of legal capacity of the User. Clause
13 & 16 shall survive the termination of the Internet Banking for any reason whatsoever.
|| Notices under these Terms may be given by KJSB Bank and the User in writing by delivering them
by hand or by sending them by post to the last address given by the User and in the case
of KJSB Bank to its corporate office address as set out hereinabove. In addition, KJSB Bank
may also publish notices of general nature, which are applicable to all Users in a newspaper
or on its web site located at "http://kalyanjanata.in". Such notices will have the same effect
as a notice served individually to each User. Notice and instructions will be deemed served
7 days after posting or upon receipt in the case of hand delivery, cable, telex or facsimile.
25. Governing Law
||These Terms and/or the operations in the Accounts of the User shall be governed by the laws of
India. The Parties hereby agree that any legal action or proceedings arising out of the Terms
for Internet Banking shall be brought in the courts or tribunals at Mumbai in India and irrevocably
submit themselves to the jurisdiction of such courts and tribunals. KJSB Bank may, however,
in its absolute discretion, commence any legal action or proceedings arising out of the Terms
for Internet Banking in any other court, tribunal or other appropriate forum, and the User
hereby consents to that jurisdiction. Any provision of the Terms for Internet Banking which
is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective
to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions
of the Terms or affect such provision in any other jurisdiction.
26. Applicability To Future Accounts
||KJSB Bank and the User agree that if the User opens further Accounts with/subscribes to any of
the products/services of KJSB Bank or any of the Affiliates, and KJSB Bank extends the Internet
Banking to such Accounts or products or services and the User opts for use thereof, then
the Terms shall automatically apply to such further use of the Internet Banking by the User.
The clause headings herein are only for convenience and do not affect the meaning of the
relative clause. KJSB Bank may sub-contract and employ agents to carry out any of its
obligations under this contract. Internet Banking service would be available to the Users
in certain cities only and during timings specified by KJSB Bank from time to time and
transactions would be carried out on the same day or on the next working day depending
upon the time of logging of the transaction. The User would have to ensure that the equipment
used for availing of Internet Banking meets the criteria as may be specified by KJSB
Bank from time to time. All costs incurred by the User including telecommunication costs
to use the Internet Banking would be borne by the User.
As a tool to correct misunderstandings, the User understands, agrees and authorises KJSB
Bank, at its discretion, and without further prior notice to the User, to monitor and
record any or all telephone conversations or electronic communications between the user
and KJSB Bank and any of its employees or agents.
These terms and conditions contain KJSB Bank's entire agreement (except as otherwise
expressly provided herein) and supersede and replace any previously made proposals, representations,
understandings and agreements, express or implied, either oral or in writing between
the user and KJSB Bank for Internet Banking. The User acknowledges that it has not relied
on any representation made by KJSB Bank or any of its employees or agents and has made
its own independent assessment of Internet Banking. No third party will have any rights
or claims under these terms and conditions.
- KJSB Bank and its group companies, subsidiaries, if any, shall have the paramount
right of set-off and lien, irrespective of any other lien or charge, present as well
as future on the deposits of any kind and nature (including fixed deposits) held/
balances lying in any accounts of the User/s, whether in single name or joint name(s)
and on any monies, securities, bonds and all other assets, documents and properties
held by/ under the control of KJSB Bank and/or its group companies (whether by way
of security or otherwise pursuant to any contract entered/ to be entered into by
the User/s in any capacity) to the extent of all outstanding dues, whatsoever, arising
as a result of any of KJSB Bank's or its group companies’ services extended
to and/or used by the User/s and/or as a result of any other facilities that may
be granted by KJSB Bank and/or its group companies to the User/s. KJSB Bank and/
or its group companies are entitled without any notice to the User/s to settle any
indebtedness whatsoever owed by the User/s to KJSB Bank and/or its group companies,
(whether actual or contingent, or whether primary or collateral, or whether joint
and/or several) hereunder or under any other document/ agreement, by adjusting, setting-off
any deposit(s) and/or transferring monies lying to the balance of any account(s)
held by the User/s with KJSB Bank and/or its group companies notwithstanding that
the deposit(s)/ balances lying in such account(s) may not be expressed in the same
currency as such indebtedness. KJSB Bank's and its group companies’ rights
hereunder shall not be affected by the User/s’ bankruptcy, death or winding-up.
It shall be the User/s’ sole responsibility and liability to settle all disputes/
objections with any such joint account holders.
- In addition to the above mentioned right or any other right which KJSB Bank and its group
companies may at any time be entitled whether by operation of law, contract or otherwise,
the User authorises KJSB Bank: (a) to combine or consolidate at any time all or any
of the accounts and liabilities of the User with or to any branch of KJSB Bank and/or
its group companies; (b) to sell any of the User/s’ securities or properties
held by KJSB Bank by way of public or private sale without having to institute any
judicial proceeding whatsoever and retain/appropriate from the proceeds derived there
from the total amounts outstanding to KJSB Bank and/or it group companies from the
User/s, including costs and expenses in connection with such sale; and (c) in case
of cross currency set-off, to convert an obligation in one currency to another currency
at a rate determined at the sole discretion of KJSB Bank and/or its group companies.
||KJSB Bank shall be entitled to sell, assign, securitise or transfer KJSB Bank's right and obligations
under the Terms and any security being in favour of KJSB Bank (including all guarantee/s)
to any person of KJSB Bank's choice in whole or in part and in such manner and on such terms
and conditions as KJSB Bank may decide. Any such sale, assignment, securitisation or transfer
shall conclusively bind the User and all other persons. The User, his heirs, legal representatives,
executors, administrators and successors are bound by the Terms. KJSB Bank may sub-contract
and employ agents to carry out any of its obligations under this contract. However, the User
shall not be entitled to transfer or assign any of his rights and obligations hereunder.
29. Right of set-off and Lien
||KJSB 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/scrips held in the Account(s) or in any other
account, whether in single name or joint name(s), to the extent of all outstanding dues,
whatsoever, arising as a result of the Internet Banking extended to and/ or used by the User.
30. Proprietary Rights
||KJSB Bank shall make reasonable efforts to advise from time to time the Internet software such
as browsers, which are required for availing of Internet Banking. There will be no obligation
on KJSB Bank to support all or any versions of the Internet software as may be required for
offering Internet Banking. The User acknowledges that the software underlying the Internet
Banking as well as other Internet related software which are required for accessing Internet
Banking are the legal property of the respective vendors. The permission given by KJSB Bank
to access Internet Banking will not convey any proprietary or ownership rights in such software.
The User shall not attempt to modify, translate, disassemble, decompile or reverse engineer
the software underlying Internet Banking or create any derivative product based on the software.
31. Communications through Electronic means
||Documents sent by electronic delivery will contain all the information as it appears in the printed
hard copy version as prepared and distributed by the originator, with the possible exception
of graphic insertions such as photographs or logotypes. Electronic delivery may be in the
form of an electronic mail, an attachment to the electronic mail, or in the form of an available
download from the Website. KJSB Bank would be deemed to have fulfilled its legal obligation
to deliver to the user any document if such document is sent via electronic means. Failure
to advise KJSB Bank of any difficulty in opening a document so delivered within twenty-four
(24) hours after delivery shall serve as an affirmation regarding the acceptance of the document.
32 Copyrights, Trademarks And Copying Materials
||Please note that KJSB Bank, http://kalyanjanata.in and the logo are exclusive property of the
||The KJSB Bank has the licence for or own all copyrights for its internet web site(s) through
which the User accesses the Internet Banking and all trademarks and other materials used