Terms & Conditions: Mobile Banking

These terms and conditions ("Mobile Banking - Terms") set out the rights and obligations of you, the customer, and us, the bank, in connection with your use of the Mobile Banking-Service. All the terms and conditions of these Mobile Banking-Terms are legally binding, so please read them through carefully before you accept and agree to the said terms and conditions.

General:
These terms and conditions shall be read together with any other terms and conditions governing the use of other facilities, benefits, products or services which the IndusInd Bank may make available to you from time to time in connection with Mobile Banking. In the event of any conflict, these terms and conditions shall prevail.

Definitions:

"Account" means any one or more accounts held and/or facilities provided by the Indusind Bank including but not limited to savings accounts, current accounts, credit card or debit card accounts, loans, investments or such other accounts and/or facilities as may be determined by the IndusInd Bank from time to time.

"Content" shall mean proprietary and non-proprietary information and works of text, hypertext, music, voice, video, multi-media work or art for banking and financial services, promotional, educational, informational and/or entertainment purposes made available on Mobile Banking.

"Customer" shall mean a customer of IndusInd Bank or of an Affiliate or any person who has applied for any product/service of IndusInd Bank including Mobile Banking.

"IndusInd Bank" shall mean INDUSIND BANK LIMITED.,a banking company registered under the Companies Act, 1956 and having license to carry on Banking Business under the Banking Regulation Act, 1949 and having its registered office at 2401 Gen. Thimmayya Road (Cantonment), Pune – 411 001, and having its corporate Office at
701/801 Solitaire Corporate,
Guru Hargovindji Marg,
Andheri-Ghatkopar Link Road,
Andheri (East), Mumbai 400 093.

"Mobile Banking" or "Service" means the banking service(s) or such other services of the IndusInd Bank as may be offered from time to time made available through the use of mobile phones and any other such devices as may be approved from time to time.

"Network Service Provider" means telecommunications service providers or any other network service provider that provides the Customer with telecommunications and connectivity services necessary for the provision of Mobile Banking.

"SMS" means Short Messaging Service which is the transmission of short text messages to and from SMS enabled devices including but not limited to mobile phones.

"Terms and Conditions" means these terms and any amendments and/or variations thereto for access and/or use of Mobile Banking.

"Web Site" means the web site located at URL: http://www.IndusInd.com:

Application:
The Customer shall apply to IndusInd Bank for use of the Mobile Banking through a prescribed format of application made available by the IndusInd Bank from time to time. The same shall only be accepted only after authentication of the Customer through any mode of verification as may be stipulated by IndusInd Bank from time to time as may be decided at the sole discretion of indusInd Bank. The Mobile Banking shall be activated only on receipt of such application and after completion of verification process laid down by the IndusInd Bank.

Please Note: IndusInd Bank has the absolute/sole discretion to accept and/or reject any application for Mobile Banking and without giving any reason thereof.

Eligibility for Mobile Banking:
Mobile Banking is available to accountholders/customers of IndusInd Bank who holds existing valid account(s) subject to restrictions that may be imposed by IndusInd Bank from time to time.

Mobile Banking – Service Scope:

• Mobile Banking Facility is available only for accessing
• The Customer acknowledges that alert facility will be implemented in a phased manner and IndusInd Bank may at a later stage, at its discretion, expand the available triggers or alerts to meet customer requirements, or may discontinue all or any of the facility/features. IndusInd Bank may, from time to time, change the features of any trigger or alert. The customer shall be required to keep himself informed of the available triggers or alerts, which will be made available on the website. The customer may, from time to time, modify the triggers selected by him, without the necessity of a fresh registration
• Customer query or service delivery is based on off-line day-end data of specific date and time
• Balance in the account, if found to be discrepant, the same should be brought to the notice of the bank immediately. Incase of discrepancy not brought to the notice of the bank, the balance available in the account would be acceptable as final
• Any customer availing the Facility will be provided with Alert Facility and/or Request Facility as may be decided by IndusInd Bank from time to time keywords for various information requests shall be as may be provided for, from time to time, or available at and/or on the website
• IndusInd Bank will not acknowledge receipt of any instructions or triggers nor shall IndusInd Bank be responsible to verify any Instructions or triggers or Mobile Phone Number/s. IndusInd Bank will endeavour to give effect to instructions and triggers on a best effort basis and as soon as practically possible for IndusInd Bank
• IndusInd Bank may, in its discretion, not give effect to any triggers if IndusInd Bank has reason to believe (which decision of IndusInd Bank shall be binding on the customer) that the triggers are not genuine or otherwise improper or unclear or raise a doubt or in case any Triggers cannot be put into effect for any reasons whatsoever
• The customer is responsible for intimating to IndusInd Bank any change in his Mobile Phone Number or Account details, and IndusInd Bank will not be liable for sending Alerts or other information over the customer's mobile phone number recorded with IndusInd Bank
• The customer acknowledges that to receive alerts, his mobile phone number must be active and accessible. The Customer acknowledges that if the customer's mobile phone number remains inaccessible for a continuous period (such period dependent upon service providers) from the time an Alert message is sent by IndusInd Bank, that particular message may not be received by the Customer
• Triggers will be processed by IndusInd Bank after receipt and IndusInd Bank shall have the discretion to determine the time taken to process such request. The customer acknowledges that there shall be an intervening period between receipt of triggers by IndusInd Bank, process of the triggers and the time that the alerts are sent
• IndusInd Bank reserves the right to charge for the Alert Facility and revise such charges and such updates in charges shall be intimated to the Customer through Alerts/ display on the website depending upon the discretion of IndusInd Bank

Disclaimer - No Warranty:
Please note that Mobile Banking is provided "as is" and "as available", without any warranty of any kind, either express, implied or statutory. IndusInd Bank specifically disclaims any warranty of merchantability or fitness for any particular purpose, warranty of title, non-infringement of intellectual property rights or third party rights and that any information transmitted through your network service provider for Mobile Banking is secure or confidential.

Customers are advised to evaluate and ensure that the quality of the products and/or services accessed through Mobile Banking meets with your expectation. IndusInd Bank shall not be responsible for any electronic or mechanical defect, data failure or corruption, computer viruses and bugs or related problems that may be attributable to your telecommunications equipment and/or the services provided by any relevant network service provider.

To the fullest extent permitted by law, IndusInd Bank does not warrant that Mobile Banking will be provided uninterrupted or free from errors or that any identified defect will be corrected and that any information provided by Mobile Banking is adequate, accurate, complete, current or reliable.

NOTHING PROVIDED UNDER MOBILE BANKING IS TO BE CONSTRUED AS AN OFFER OR
SOLICITATION TO SELL OR BUY SECURITIES OR OTHER FINANCIAL INSTRUMENTS, OR AS ADVICE OR
RECOMMENDATION WITH RESPECT TO SUCH SECURITIES OR OTHER FINANCIAL INSTRUMENTS.

Disclosure of Information:
Customer hereby authorize the disclosure of any information regarding their your Account(s) to any third party in order for IndusInd Bank to execute your Instructions under Mobile Banking.

Customer hereby authorize the disclosure of information regarding yourself or your Account(s) to any entity within the Indus Group to enable the cross selling or servicing of Indus Group's products and services to you.

However if Customer are not agreeable to sharing your information for the purposes and/or to the parties stated in these terms and conditions, Customers are advised to cease using Mobile Banking immediately.

Customers hereby agree and understand that the IndusInd Bank, or any third party to whom the IndusInd bank has transmitted information about customers account(s), may disclose this information if required or authorized by any law, regulation, court order or other legal process to do so. Customer hereby also authorise and permit IndusInd Bank to transmit messages, information, data, SMS and content to mobile phones or any such devices as may be approved from time to time under Mobile Banking, irrespective of whether the same has been initiated or requested by the customer.

Fees and Charges:
Customer hereby acknowledges that IndusInd shall be entitled to levy or impose service charges or transaction fees and/or to vary such fees from time to time upon prior written notice of such variation in respect of the Mobile Banking rendered to you. Your continued use of Mobile Banking to which such charges and fees relate to shall be deemed to be acceptance of the same.

Customer hereby also authorizes IndusInd Bank to debit your Account with such fees, commissions and charges.
Notwithstanding the service charges or transaction fees imposed by IndusInd Bank you are further liable for any charges levied by any of Network Service Providers and/or any other third party as a result of the use of Mobile Banking.

Termination OR Suspension of Services:
Notwithstanding anything herein to the contrary, IndusInd Bank may at any time, in its absolute discretion suspend or terminate your right of access to any of the Mobile Banking / Services without notice for any reason whatsoever and without any obligation to give any reasons: IndusInd Bank will automatically terminate customer's right of access to the Mobile Banking once customer cease to maintain any Account with IndusInd Bank which can be accessed via the Mobile Banking or should your access to such Account be restricted by IndusInd Bank or any other party for any reason;

Customer can terminate the Mobile Banking by giving prior written notice to IndusInd Bank. The Mobile Banking will be cancelled within 7 days from the date of receipt of such notice of termination and customer agrees that IndusInd Bank shall not be obliged to effect any Instruction received on any day falling after the receipt of notice of termination. IndusInd reserves the right to terminate the Mobile Banking for any reasons whatsoever, provided the Bank gives you 15 days prior written notice.; Customer also acknowledges that termination will not affect the liability or obligations in respect of Instruction processed by IndusInd Bank by and on behalf of customer.

Liabilities:
Customer shall be responsible for and liable for any loss or damage suffered by IndusInd as a result of any breach of any of the Terms and Conditions stipulated herein.
Under no circumstances and under no legal theory, tort, contract, or otherwise shall IndusInd Bank be liable to customer or any person for any direct or indirect, special, incidental, or consequential damages of any character, including and without any limitation, damages for loss of goodwill, loss of use, data, profits, work stoppage, injuries or any and all damages or losses or expenses that arise by accessing and/or using Mobile Banking including but not limited to any one of the following circumstances:
Where IndusInd Bank has reason to doubt the authenticity of the Instruction(s). In such an instance, IndusInd Bank is under no obligation to investigate the authencity or authority of person(s) effecting, the Instructions or verify the accuracy and completeness of your Instruction(s);

• where the IndusInd Bank is required by law to prohibit withdrawals from your Account(s);
• where your Account(s) is frozen or closed;
• where customer is unable to access or use Mobile Banking;
• where customer fails to provide necessary and/or accurate information or Instruction(s) for the performance or completion of transactions;
• where there is a system, server or connection failure, error, omission, interruption, delay in operation or transmission, or computer virus, malicious codes, Trojan horses or corruption or delay in performance or non-performance of any obligation of the IndusInd Bank herein due to any cause beyond the control of the IndusInd Bank including but not limited to technical breakdown, strikes or other industrial action or communications or power failure;
• where customer fails to maintain sufficient funds in your account(s) to perform any instructions given by the customer;
• where customer fail to follow the current instructions, procedures and directions for using Mobile Banking;
• where there is any loss or damage caused by third parties or any circumstances beyond IndusInd Bank reasonable control;
• where there are errors, alterations or destruction of any Instruction(s), data or information transmitted through Mobile Banking;
• where there is a failure or delay caused by any of network service providers; IndusInd Bank will not be held responsible for any losses and/or damages suffered by you due to error in giving Instruction (s) by the customer.

Indemnity:
Customer hereby agree to indemnify and keep fully indemnified IndusInd Bank, its employees, agents, cobranders against any action, claim, demand, expenses (including legal fees on a full indemnity basis) suffered or incurred arising from customer's access and/or use of Mobile Banking save and except for such losses and damages directly caused by IndusInd Bank gross negligence or fraudulent conduct including but not limited to:-

• use or misuse of Mobile Banking or the contents therein;
• breach or non-observance of the terms and conditions herein; and
• infringement of rights of any third party in conjunction with your use or access to Mobile Banking.

Modification of the Terms & Conditions
IndusInd Bank reserves the right to amend the terms and conditions herein at its sole discretion at any time. Notice of such amendments shall be given in advance in such manner as the IndusInd Bank may deem fit and proper.

Notices:
Customer consent that all notice(s) and other communication required under these Terms and Conditions or which concern Mobile Banking shall be deemed to have been delivered:

• On receipt, if sent by SMS through Mobile Banking;
• On the date of publication of the advertisement, published in any newspaper;

All notices from customer to IndusInd Bank concerning Mobile Banking and/or these Terms and Conditions shall be in writing, signed by customer and sent to the address provided below or in any such other way or to such other address as IndusInd Bank may notify you from time to time.

Governing Law:
Any dispute or differences arising out of or in connection with the Mobile Banking shall be subject to the exclusive jurisdiction of the Courts of Mumbai.
IndusInd Bank accepts no liability whatsoever, direct or indirect for non-compliance with the Laws of any country other than that of India. The mere fact that the Mobile Banking can be accessed by a Customer in a country other than India does not imply that the laws of the said country govern these terms and conditions and / or the operations in the accounts of the customer and /or the use of the Mobile Banking services.