Use of the Mobile Banking Facility shall be considered to be deemed consent to all the terms and conditions set herein under. These terms and conditions (“Terms”) set herein under shall form part of agreed terms between Mobile Banking Services User and J&K Bank for usage of the Mobile Banking services. The Terms shall regulate the usage and availment of the specified products and services provided by J&K Bank through Mobile Banking. These Terms are in addition to and not in derogation to any of other terms and conditions as may be specified by J&K Bank from time to time for usage of its Mobile Banking Services by the customers.
- Definitions:
The following words and phrases have the meaning set opposite them unless the context indicates otherwise:
‘Account’: shall mean an account with the Bank in which a request for availing the Mobile Banking Service has been registered or re-registered with the Bank.
‘Customer’ : means the holder of an Account in J&K Bank.
‘MPIN’: shall mean the Personal Identification Number (password) for the Mobile Banking.
‘Mobile Banking’: means facility of access to information relating to the Saving / Current Account(s) /Loan Accounts/ Term Deposit of the Customer and usage of products and/or other services as may be advised or made available on the Customer’s Mobile Phone by the Bank from time to time on / through Mobile Banking. The words Mobile Banking and Mobile Banking Services are used interchangeably in this document.
‘User or Customer’: refer to any person who has an account with the Bank and who has been authorised by the Bank to avail the Mobile Banking Service provided by the Bank.
‘Bank’: shall mean Jammu and Kashmir Bank or any successor or assign of it.
‘Facility’: shall mean Mobile Banking facility provided by J&K Bank to the Customer.
‘Mobile Phone Number’: shall mean the Mobile number that has been used by the Customer to register for the Facility.
‘Application’: shall mean the Bank’s Mobile Banking application which will be downloaded onto the mobile phone of the Customer.
‘Mobile Phone’: means the handset together with requisite accessories, equipment attachments and other software which is owned / possessed by the Cellular Service subscriber .
‘Personal Information’: refers to the information about the User obtained in connection with the Mobile Banking Service.
‘TPIN’: shall mean the Transaction Personal Identification Number (password) for the Mobile Banking Service.
- General Business Rules Governing Mobile Banking Service
The following Business rules will apply to the Mobile Banking:
- The Facility will be available to Customers having a Savings/ Current/CC/SOD account with the Bank.
- The daily upper ceiling under the Facility, per Customer shall be Rs.10,00,000/- for aggregate of fund transfer (customer interlinked a/c transfers included), bill payment and merchant payment within an overall calendar month limit of Rs.40,00,000.00.
- Entering the wrong MPIN/TPIN thrice will block the Mobile Banking User.
- Any change in the business rules of any of the processes will be notified on Bank’s website www.jkbank.com which will be construed as sufficient notice to the Customer.
- In the case of a joint account, customer is required to get the required mandate duly authorized from the other holder. Accounts in the name of minor or where minor is a joint account holder are not eligible for Mobile Banking.
- The Bank reserves the right to reject a Customer’s request for Mobile Banking without assigning any reasons.
- The Bank may suspend the Facility, if the same has not been accessed by the Customer for three months or more. If the Facility has not been accessed for six months or more, the same will be cancelled.
- The Customer can request for termination of the Facility by de-registering at J&K Bank branch of the primary account enabled for Mobile Banking. The Customer shall remain accountable for all the transactions on the designated account made prior to confirmation of any such cancellation request by the Bank. It shall be the Bank’s endeavour to give a reasonable notice for withdrawal or termination of the facility, but the Bank may at its discretion withdraw temporarily or terminate the facility, either wholly or partially, anytime without giving prior notice to the Customer. The facility may be suspended for any maintenance or repair work for any breakdown in the Hardware/ Software of Mobile Banking, any emergency or security reasons without prior notice and the bank shall not be responsible if such an action has to be taken for reasons of security or emergency.
- The services offered under the Facility will be automatically terminated if the primary account linked for the Mobile Banking Services is closed. The Bank may also terminate or suspend the serviced under the facility without prior notice if the customer has violated the terms and conditions laid down by the Bank or the death of the customer when brought into notice of the Bank.
- Usage of Facility:
By accepting the terms and conditions while registering for the facility, the Customer:
- Agrees to use the Mobile Banking for financial and non-financial transactions offered by the Bank from time to time.
- Also irrevocably authorizes the Bank to debit the accounts which have been enabled for Mobile Banking for all transactions/services undertaken by using TPIN.
- authorizes the Bank to map the account number, User ID and Mobile Phone Number for the smooth operation of Mobile Banking offered by Bank and to preserve the mapping record in its own server or server of any other third party and to use such data at its discretion for providing/enhancing further banking/ technology products that it may offer.
- agrees that he/ she is aware and accepts that Mobile Banking offered by the Bank will enable him/her to transact using MPIN within the limit prescribed by the Bank and will be deemed as bonafide transaction.
- Agrees that the transactions originated using the mobile phones are non-retractable as these are instantaneous/real time.
- Understands and explicitly agrees that Bank has the absolute and unfettered right to revise the prescribed ceilings from time to time which will be binding upon him/her.
- Agrees to use the facility on a mobile phone properly and validly registered in his/her name only with the Mobile Service Provider and undertakes to use the Facility only through Mobile Phone Number which has been used to register for the Facility.
- agrees that while the Information Technology Act , 2000 prescribes that a subscriber may authenticate an electronic record by affixing his digital signature which has been given legal recognition under the Act, the Bank is authenticating the Customer by using Mobile Number, MPIN or any other method decided at the discretion of the Bank which may not be recognized under the IT Act, 2000 for authentication of electronic records and this is acceptable and binding to the Customer and hence the Customer is solely responsible for maintenance of the secrecy and confidentiality of the MPIN without any liability to the Bank.
- Responsibilities and obligations of the Customer
- Customer shall be responsible for all transactions, including fraudulent/erroneous transactions made through the use of their mobile banking application regardless of whether such transactions are authorized by them or not. In such a scenario, customer will be responsible for the loss/damage, if any suffered.
- Customer shall take all steps possible to ensure that his/her mobile phone is not shared with anyone and shall take immediate action to de- register the application by contacting the Branch or Customer Care department in case of misuse/ theft/loss of the mobile phone or SIM card.
- The Customer will use the services offered under the Facility using the MPIN/TPIN in accordance with the procedure as laid down by the Bank from time to time, including the terms and conditions contained herein.
- The Customer shall keep the TPIN and MPIN confidential and will not disclose these to any other person or will not record them in a way that would compromise the confidentiality of the same or the security of the service.
- It is the responsibility of the customer to provide correct information to the Bank through the use of the Facility or any other method. In case of any discrepancy in this information, the customer understands that the Bank shall not be in any way responsible for action taken based on the information. Bank shall endeavour to correct the error promptly wherever possible on a best effort basis, if the customer reports such error in information.
- It shall be the responsibility of the Customer to notify the Bank immediately if they suspect the misuse of their credentials. Customer shall immediately initiate the necessary steps to change the Login/Transaction Password / Pin.
- Customer accepts that any valid transaction originating from their mobile banking application shall be assumed to have been initiated by the Customer.
- Bank shall not be responsible for any loss arising due to unauthorized access or activities resulting from negligence on the customer's part.
- The Customer shall be liable for all loss or breach of the Terms and Conditions contained herein or contributed or caused the loss by negligent actions or a failure to advise the Bank within a reasonable time about any unauthorized access in the account.
- The Customer shall be liable and responsible for all legal compliance and adherence of all commercial terms and conditions in respect of the mobile connection/SIM card/mobile phone through which the facility is availed and the Bank does not accept/ acknowledge any responsibility in this regard.
- It is the responsibility of the Customer to notify the Bank, about any change in mode of operation, through a separate communication, making a specific reference to the Mobile Banking availed. It is also the responsibility of the Customer to notify the Bank, any other change in the operation of the account which will otherwise make the account ineligible for the Mobile Banking. Any failure on the part of the Customer to advise the Bank separately shall continue to bind all the account holders, jointly and severally for the transactions through this Facility.
- Applicability of Terms and Conditions
No Customer is entitled to use the Mobile Banking without understanding and agreeing to the Terms and Conditions for Mobile Banking Service. By using the Mobile Banking, the Customers thereby agree and consent to these Terms and Conditions, which form the contract between the Customer and Bank. Mobile Banking shall be governed by such terms and conditions as amended by the Bank from time to time. These terms and conditions shall be in addition to and not in derogation of other terms and conditions relating to any Account of the Customer and/or the respective product or the service provided by the Bank unless otherwise specifically stated.
By registering for J&K Bank’s Mobile Banking Services, customer acknowledges and agrees to abide by these terms and conditions:
- Eligibility:
The customer, utilizing mobile banking services, is an authorized account holder and he/she irrevocably authorizes the bank to debit the enabled accounts for all transactions using transaction PIN. The Facility shall be made available to the Customer subject to the condition that he/she downloads the application and sets his/her PIN (MPIN/TPIN). This Facility shall be made available only to the Customers satisfying the eligibility criteria and shall be provided at the sole discretion of J&K Bank and may be discontinued by J&K Bank at any time, with prior notice to the customer.
- Registration:
The Bank shall endeavour to provide to the user through Mobile Banking, such services as the Bank may decide from time to time. The Bank reserves the right to decide the type of services, which a Category of user may be offered on each account and may differ from category to category. The Bank may also make additions /deletions to the services offered through Mobile Banking at its sole discretion.
J&K Bank reserves the right to choose the devices, software platforms, versions, networks, methods, and data services that will be supported. The Customer will comply with these terms and conditions at all times.
During the process of registration of Mobile Banking Application user will be asked to set MPIN/TPIN and the User is at liberty to change the m-PIN/ T-PIN as many number of times as possible at his risk and consequences. The User will be solely responsible for maintaining secrecy of the MPIN/TPIN, so changed, and the Bank in no way shall be responsible for the misuse of the said MPIN/TPIN by any person other than the authorized User.
The Bank does not assume any responsibility in this behalf including against loss incurred by the User as a result of misuse / unauthorised use of Mobile Banking Facility.
In case the User forgets the MPIN/TPIN, the Mobile Banking application has a feature to set new MPIN/TPIN with help of Debit card credentials.
- Account Security:
Customers are responsible for maintaining the confidentiality of their mobile banking credentials, including usernames and passwords/pins. Any unauthorized access or transactions must be reported to the bank immediately. Transactions initiated using customer credentials (MPIN/TPIN/OTP) shall be considered authorized by the customer.
- Device Security:
Customers shall ensure the security of the device used for mobile banking. This includes implementing appropriate security measures such as passwords or biometric features to prevent unauthorized access. Customers shall follow recommended security practices, including regular password/pin changes for enhanced security.
- Notification Settings:
Customers shall enable transaction notifications and alerts to stay informed about account activities. Any discrepancies or suspicious transactions shall be reported promptly to the bank.
Change in the business rules of any of the processes shall be notified on Bank’s website www.jkbank.com which will be construed as sufficient notice to the customer.
- Disclosure of Personal Information:
By using the App, customer shall authorize Bank to collect and use technical information about the equipment and related software, hardware and peripherals and any data and information stored in the equipment, whether internet-based or wireless, to improve its products and to provide Services to customers.
By using the application, customer shall consent the bank to share these information to any of its agents, Service providers, affiliates or any other third party as the Bank may deem fit. Customers shall also authorize bank’s affiliates, agents, service providers to transmit, collect, retain, maintain, process and use all aforementioned data to determine its credit scoring, services offered to customers, or to improve our Services and/or customer experience while using the App or for submission to statutory and regulatory authorities.
To allow the bank offer customer a superior experience, bank shall need permission to access and the user takes a conscious call in giving permission to following:
- Location: To display the ATMs/Branches and Offers near customers.
- Contacts: To retrieve phone number, email address from contacts to send money or recharge.
- Phone: To allow a call to be made to J&K Bank Customer service from the app.
- Calendar: To sync scheduled payments
- SMS: To auto read OTP/MVC/DVC related SMS. Also used in phone verification to send SMS on users behalf.
Bank shall not be held liable for any loss suffered by the customer due to disclosure of the personal information to a third party by the Bank, for reasons inclusive but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for statistical analysis or for credit rating.
- Transaction Limits:
The bank shall impose transaction limits for security and operational reasons. Customers shall adhere to these limits. Further bank reserves the right to modify these limits as deemed necessary and customers shall be notified of any changes.
- Service Charges
The Bank reserves the right to charge the Customer a fee for the use of the services provided under the Facility and change the fee structure at its discretion. Display of such charges on Bank’s websites and its prior intimation through SMS would serve as sufficient notice and the same is binding on the customer.
- Application Updates:
Customers shall keep their mobile banking app updated to the latest version provided by the bank. This ensures access to the latest security features, enhancements, and bug fixes.
- Communication Channels:
Official communications from the bank shall be conducted through designated channels such as SMS alerts. Users shall exercise caution and only respond to communications received through official channels to avoid falling victim to phishing attempts.
- Liability for Losses:
Customers shall be held liable for losses incurred due to their negligence, such as sharing credentials or failing to report unauthorized transactions promptly. The bank shall investigate the reported incidents in accordance with applicable laws and regulations.
- Liability of Customer and Bank:
- Neither Bank nor the Affiliates shall be liable for any unauthorized transactions occurring through the Mobile Banking.
- The Customer agrees to hereby fully indemnify and hold 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.
- The Customer shall keep the MPIN/TPIN confidential and will not disclose these to any other person or will not record them in a way that would compromise the confidentiality of the same or the security of the service.
- The Customer will be responsible for all transactions, including unauthorised /erroneous/ wrong/ incorrect/mistaken/false transactions made through the use of his/ her mobile phone, SIM card and MPIN/TPIN, regardless of whether such transactions are in fact entered into or authorized by him/ her. The Customer will be responsible for the loss/damage, if any suffered in respect of all such transactions.
- The Customer shall take all possible steps to ensure that the Application and his/her mobile phone are not shared with anyone and shall take immediate action to de-register from mobile banking services as per procedure laid down in case of misuse/ theft/loss of the mobile phone or SIM card.
- It will be the responsibility of the Customer to notify the Bank immediately if he/ she suspect the misuse of the MPIN/TPIN. He/She will also immediately initiate the necessary steps to change his MPIN/TPIN.
- The Customer accepts that any valid transaction originating from the USER ID and / or registered mobile phone number shall be assumed to have been initiated by the Customer and any transaction authorized by the MPIN/TPIN is duly and legally authorized by the Customer.
- The Bank shall under no circumstance be held liable to the customer if the Mobile 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 the Bank.
- Under no circumstances shall the 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 customer or by any other person.
- Illegal or improper use of the Mobile Banking shall render the customer liable for payment of financial charges as decided by the Bank or will result in suspension of Mobile Banking services.
- The User shall ensure that the transaction carried through Mobile Banking Services do not violate any law including but not limited to Prevention of Money Laundering Act, 2002. In case, it is brought to the notice of the Bank that services are being used for any unlawful activities or in contravention of any law, the services shall be immediately withdrawn without any notice. The Customer shall keep Bank and its officers and employees indemnified from any claim, suit, civil or criminal proceedings which may arise from any unlawful usage of Mobile Banking Services of the Bank.
- The Bank is in no way liable for the services provided by the CSP in relation to the Mobile Phone. The Bank is in no way responsible/ liable for the charges levied by the CSP in relation to Mobile Banking transaction.
- Service Availability:
The bank does not guarantee continuous availability of mobile banking services. Services may be temporarily suspended for maintenance or other reasons without prior notice. The bank shall make reasonable efforts to notify users of scheduled maintenance.
- Accuracy of Information:
It is the responsibility of the Customer to provide correct information to the Bank through the use of the Facility or any other method. In case of any discrepancy in this information, the Customer understands that the Bank will not be in any way responsible for action taken based on the information. The Bank will endeavour to correct the error promptly wherever possible on a best effort basis, if the customer reports such error in information
The Customer understands that the Bank will try, to the best of its ability and effort, to provide accurate information and shall not hold the Bank responsible for any errors or omissions that may occur due to reasons beyond the control of the Bank.
The Customer accepts that the Bank shall not be responsible for any errors which may occur in spite of the steps taken by the Bank to ensure the accuracy of the information and shall not have any claim against the Bank in an event of any loss/ damage suffered as a consequence of an information provided by the Bank found to be not correct.
- Dispute Resolution:
Procedures for disputed transactions, reporting errors, or addressing concerns related to mobile banking services are outlined in the bank's customer service policy. Customers can contact customer support at 1800 890 2122 for assistance with disputes or other issues.
- Bank’s Lien
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 Customer’s Primary Account and/ or; Secondary 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 Mobile Banking extended to and/ or used by the Customer.
- Disclaimer of Warranties
- Except as warranted in the Terms and Conditions, 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 the Facility.
- Bank shall not be liable for any virus that may enter the customer’s system as a result of the customer using the facility.
- Bank shall not be liable in case there is any kind of loss, direct or indirect, incurred by the Customer or any other person due to any failure or lapse in the Facility which are beyond the control of the Bank.
- Bank shall not be liable if there is any failure or delay in transmitting of information or there is any error or inaccuracy of information or any other consequence arising from any cause beyond the control of the Bank which may include technology failure, mechanical breakdown, power disruption, etc
- Bank shall not be liable if there is any lapse or failure on the part of the service providers or any third party affecting the said Facility and that the Bank makes no warranty as to the quality of the service provided by any such provider.
- The Bank, its employees, agent or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the Customer or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of the Bank in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the telecommunication equipment of the Customer and the network of any service provider and the Bank's system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the Customer, the Bank's system or the network of any service provider and/or any third party who provides such services as is necessary to provide the Facility.
- The Bank will not be responsible if the Application is not compatible with/ does not work on the mobile handset of the Customer.
- Bank does not warrant that access to the Facility will be uninterrupted, timely, secure, or error free nor does it make any warranty as to the results that may be obtained from use of the Facility or as to the accuracy or reliability of the Facility.
- Indemnity
In consideration of the Bank providing the Facility, the Customer, at his/her own expense, agrees to indemnify, defend and hold harmless, the Bank , its directors and employees, representatives, agents and/or the affiliates, as the case may be, against all losses, damages, expenses, actions, claims, demands and proceedings whatsoever, that the Bank may incur, sustain, suffer or be put to at any time as a consequence of acting on or omitting or refusing to act on any instructions given to the Customer or otherwise for use of the Facility.
The Customer agrees to indemnify, defend and hold harmless the Bank and/or its affiliates, against any loss incurred by the Customer due to failure to provide the services offered under the Facility or any delay in providing the services due to any failure or discrepancy in the network of the mobile phone service provider. The Customer agrees to indemnify, defend and hold harmless, the Bank from any losses occurring as a result of:
- The Customer permitting any third parties to use the Facility.
- The Customer permitting any other person to have access to his mobile phone or as a consequence of leaving the mobile phone unattended or loss of mobile phone.
- Any deletions, additions, insertions or alterations to, or any unauthorized use of, the facility by the customer.
- any misrepresentation or breach of representation made by the customer contained herein; or
- Any breach of any covenant or obligation to be performed by the customer hereunder and violation of the Terms and Conditions contained herein by the customer. The customer 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.
- Funds Transfer
The Customer shall not use or attempt to use Mobile Banking for funds transfer without sufficient funds in the relative account or without a pre-existing arrangement with J&K Bank for the grant of an overdraft.
J&K Bank will endeavour to effect such funds transfer transactions received through Mobile Banking provided there are sufficient funds available in the Account. J&K Bank shall not be liable for any omission to make all or any of the payments or for late payments due to circumstances beyond the reasonable control of the Bank.
- Fee structure for the Facility:
The facility shall be provided free of any charges. However, the Bank reserves the right to charge the Customer a fee for the use of the services provided under the Facility and change the fee structure at its discretion. Display of such charges on Bank’s websites would serve as sufficient notice and the same is binding on the customer.
- 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.Bank would be deemed to have fulfilled its legal obligation to deliver to the Customer any document if such document is sent via electronic means. Failure to advise 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.
- Others
- The Bank reserves the right to decide what services may be offered. Additions/ deletions to the services offered under the facility are at its sole discretion.
- The instructions of the Customer shall be effected only after authentication under his/her USER ID and MPIN or through any other mode of verification as may be stipulated at the discretion of the Bank.
- While it shall be the endeavour of the Bank to carry out the instructions received from the Customers promptly, it shall not be responsible for the delay/ failure in carrying out the instructions due to any reasons whatsoever including failure of operational system or due to any requirement of law. The Customer expressly authorizes the Bank to access his/her account information required for offering the services under the Facility and also to share the information regarding his/ her accounts with the service provider/ third party as may be required to provide the services under the Facility.
- The transactional details will be recorded by the Bank and these records will be regarded as conclusive proof of the authenticity and accuracy of transactions.
- The Customer hereby authorizes the Bank or its agents to send promotional messages including the products of the Bank, greetings or any other messages the Bank may consider from time to time.
- The Customer understands that the Bank may send „rejection‟ or „cannot process‟ the request messages for the service request(s) sent by the Customer which could not be executed for any reason.
- The Bank shall make all reasonable efforts to ensure that the Customer information is kept confidential but shall not be responsible for any inadvertent divulgence or leakage of confidential Customer information for reasons beyond its control or by action of any third party.
- It is the responsibility of the Customer to advise the Bank of any change in his mobile number or loss/ theft of mobile phone by adopting the procedure laid down by the Bank for the purpose.
- The Telecom Service provider of the customer may levy charges for each SMS/ dial/GPRS and the Bank is not liable for any dispute that may arise between such telecom service provider and the Customer.
- Applicable Governing Law
The Terms and conditions agreed herein shall be governed by the laws of India. All disputes shall be subject to the jurisdiction of the courts where the Customers bank branch is located in India. The Bank however, may in its absolute discretion commence any legal action or proceedings arising out of these terms and conditions in any other jurisdiction before court, tribunal or other appropriate forum, and the Customer hereby consents and submits to that jurisdiction.