Mobile Banking

Terms and Conditions for Mobile Phone Banking

Terms and conditions governing the use of the Mobile phone banking Services provided by PRERANA CO OP Bank Limited:

1.    Definitions:

In this document the following words and phrases have the meaning set below unless the context indicates otherwise:

“Accounts” refers to the account/s of the Client(s) with PRERANA CO OP Bank for which the Client is availing of the online Mobile phone banking service of PRERANA CO OP Bank Ltd; Thergaon;

“Authorized User” shall mean the Client and / or persons authorized by the Client to have access to the Account through online Mobile phone banking Service.

“Facility” shall mean the mobile phone banking facility of PRERANA CO OP Bank availed of by the Client, providing information relating to Account(s), details about transactions and such other information and or services as may be offered  by PRERANA CO OP Bank Ltd, and available to a Client through a  mobile phone device,  from time to time.

“Mobile Phone Number” shall  mean  the mobile phone number specified and registered with Prerana Coop Bank by  the Client or  on behalf of the Client through application/email/SMS or over bank’s authorised phone against the name of an Authorised User for availing the Facility.

“Personal  Information”  shall mean information in relation to or pertaining to the Account.

“Terms and Conditions  for  Mobile Phone  Banking”   refers  to  the terms and conditions for use of the Mobile phone banking service of PRERANA CO OP Bank, as amended from time to time. Capitalized words and phrases used but not  defined hereunder shall have the meanings assigned to  them  in the Terms and Conditions for MobileBanking.

2.  Applicability of Terms and Conditions

These terms and conditions together with the application made  by the Client and as accepted by PRERANA CO OP Bank shall form the contract between the Client and PRERANA CO OP Bank, and shall be further subject to such terms as PRERANA CO OP  Bank may agree with the other service providers, aiding PRERANA CO OP Bank in providing the Facility. These terms and conditions shall be in  addition to and  not  in derogation of the terms and conditions governing and  related  to PRERANA CO OP Bank and the Account and / or any other product / services provided by PRERANA CO OP Bank and  its Affiliates. By applying for and allowing Authorized Users access to the Facility, for the first time (and every time thereafter), the Client acknowledges and accepts (and reaffirms his acknowledgment and acceptance of) these terms and conditions, to the fullest extent possible.

3.  Application

Clients may avail of the Facility (and/ or for any changes to the options available under the Facility) in the following ways :

• • • • • • • • if the person authorized to operate any checking Account or the Persons authorized to sign various documents on behalf of the Client for availing the checking account Banking Services applies  to  PRERANA CO OP Bank requesting PRERANA CO OP Bank to provide the facility to the Authorized Users, Such application may be made by filling  in  such  forms,  request letters etc as PRERANA CO OP Bank may prescribe from time to time; or

4. Each Authorized User may by themselves physically or through the  use  of bank’s web site fill in such forms as may be required and prescribed by PRERANA CO OP Bank, requesting PRERANA CO OP Bank to provide such Authorized User with access to the An Authorized User can avail of the Facility on behalf of the Client only for itself and not on behalf of any other Authorized User and would necessarily need to authenticate the application with specimen signature recorded for that account. Mobile phone banking Facility shall be activated after a minimum of 4 working days from the date of receipt of the application to the Mobile phone banking Application processing desk at Head Office of the bank.

5.  Eligibility

All Clients availing checking account Banking  Services  of  PRERANA CO OP Bank may avail of the Facility. Only Authorized Users of all Clients would   be eligible to avail of the Facility. All or any transactions arising from the use of the Facility shall be binding on the Client.

6.  Availability of the Facility

• • • • PRERANA CO OP Bank shall endeavor to provide to the Client through the Facility, such services as PRERANA CO OP Bank may decide from time to   PRERANA CO OP Bank reserves the right to  decide what services may be offered  to a Client on the Account and such offers may differ from Client to Client. PRERANA CO OP Bank may also make additions /  deletions  to  the  services offered through the Facility at its sole discretion.

• • • • The Facility is made available to Authorized Users on behalf of the Client, at the request of the Client, at the sole discretion of  PRERANA CO OP  Bank and may be  discontinued by  PRERANA CO OP Bank at  any time, without  any notice or communication of any PRERANA CO OP Bank reserves  the right to offer the Facility to only those Authorized  Users  of any Client who are availing the services of specific cellular service providers. The Facility is currently available to all checking Accounts (Current/Saving/Cash Credit/Overdraft/FD CC) held with PRERANA CO OP Bank’s branches in India.

• • • • The Client agrees that access to  the  Facility shall only  be  through the Registered Mobile Phone Numbers and any transaction  which  originates or purporates to be originated from the same, whether initiated by the Authorized User or not, shall be deemed to have been originated from such Authorized User and shall be binding upon the

• • • • The instructions received by PRERANA CO OP Bank from any of the  Mobile  Phone Numbers (or purporting to have originated from any Mobile Phone Number) shall be effected only after such authentication as  may be required by PRERANA CO OP Bank, generally or specifically for any particular type of instruction, from time to time, including thorough verification of password allotted by PRERANA CO OP Bank or any other details of the client provided by client at the time of opening of any account, may it be PAN No/DOB or any other secret question to the  Authorized User against whose name the Mobile Phone Number is registered.

7.  Availability of the Facility

• • • • The Client irrevocably and unconditionally authorizes PRERANA CO OP Bank to access the Accounts and the Personal Information for effecting the instructions and providing the Facility to the Client, as well as for analysis, credit scoring and

• • • • The Client and the Authorized User agree that PRERANA CO OP Bank may disclose, to other institutions, such information in relation to the Client as may be necessary for any reason inclusive of  but  not  limited to the participation in any telecommunication or electronic clearing network, in compliance with legal directive, for credit rating by recognized credit scoring agencies, and for fraud prevention.

8.  Records

All records of PRERANA CO OP Bank relating to the Account and / or arising out of the use of the Facility, including the recorded time of the transaction and the Authorized User originating the transaction, shall be  conclusive proof of  the genuineness and accuracy of the transactions in the Account. The authority to record the transaction details is hereby expressly granted by  the Client to PRERANA CO OP Bank.

9.  Instructions

• • • • The Facility shall be availed  through the  Mobile Phone Number in  the manner indicated by  PRERANA CO OP The Client availing the Facility is solely responsible and liable for the accuracy and authenticity of  the instructions provided to PRERANA CO OP Bank and the use of the Facility by the Authorized Users or any other person on behalf of the Client.

• • • • Where PRERANA CO OP Bank considers the instructions to be inconsistent or contradictory it may seek clarification from the  Authorized  User from whom the instructions have originated before acting on such PRERANA CO OP Bank may however, in its discretion, act upon any such instruction as it may deem fit and the  Client  agrees  to  be  bound to such actions of  PRERANA CO OP  Bank. PRERANA CO OP Bank shall have the right to suspend the Facility, whether generally or  specifically in  relation  to an Authorized User or a particular Client, if PRERANA CO OP Bank has reason  to believe that the operation of the Facility or acting upon any instructions of an Authorized User may lead to direct or indirect loss  or may require an indemnity from Client(s) before continuing to operate the Facility.

• • • • The Client accepts that all information / instructions will be transmitted to and / or stored at  various locations and  be  accessed by personnel of PRERANA CO OP Bank (and its Affiliates). PRERANA CO OP Bank is authorised to provide any information or details relating to  the  Client to a third party to facilitate PRERANA CO OP Bank in the providing the Facility and so far as is necessary to give effect to any instructions.

10.  Accuracy of Information

• • • • The Client undertakes ( and further undertakes to require Authorized Users) to provide accurate information and disclosures wherever required and shall be responsible for the correctness of the information provided by him to PRERANA CO OP Bank at all times including for the purposes of availing of the PRERANA CO OP Bank shall not be liable for consequences arising out of erroneous information supplied by  the Client or the Authorized Users. The Client shall indemnify and hold PRERANA CO OP Bank harmless against any loss, damage or costs suffered/ incurred by PRERANA CO OP Bank as  a  result erroneous information supplied  by the Client or the Authorized Users. If the  Client  /  Authorized Users suspect that there is an error in the information supplied  by PRERANA CO OP Bank to them, they shall advise PRERANA CO OP Bank as soon as possible. PRERANA CO OP Bank, without any liability of any kind, will endeavor to correct the error wherever possible on a best effort basis.

• • • • While PRERANA CO OP Bank and its Affiliates will take all reasonable steps  to ensure the accuracy of the  information  supplied  to  the  Customer,  PRERANA CO OP Bank and its Affiliates shall not be  liable  for  any  inadvertent error, which results in the providing of inaccurate information.  The Client and  /  or  any Authorized User shall not  hold PRERANA CO OP  Bank liable  for any loss, damages that may be  incurred  /  suffered  by  the  Client / Authorized User, if the information  supplied  to  the  Client turns out be inaccurate / incorrect.

• • • • If the Authorized User / Client has reason to believe that the Mobile Phone Number is / has been allotted to another  person  and  /  or there has been an unauthorised transaction in  the Account and  /  or the Mobile Phone Number is lost, the Client / Authorized User shall immediately inform PRERANA CO OP Bank under acknowledgement about the same.

11.  Disclaimer of Liability

• • PRERANA CO OP Bank shall not be responsible to the Client or the Authorized User for any failure of the Client and / or the Authorized User to  utilize the Facility due to the Client and / or the Authorized User not being within the geographical range within which the Facility is offered;

• • The Client agrees that PRERANA CO OP Bank shall not be liable if :

• • • • the Client has breached any of the terms and conditions herein or
    • • the Client has contributed to or caused the loss or the loss is a result of failure on part of the Client to advise PRERANA CO OP Bank within a reasonable time about unauthorised access of or

    erroneous transactions in the Account or

    • • any loss is caused as a result of failure on part of the Client to advise PRERANA CO OP Bank of a change in or termination of the Mobile Phone Numbers / SIM Card.

• • PRERANA CO OP Bank is in no way liable for any error or omission in the  services provided by any cellular or any third party service provider (whether appointed by PRERANA CO OP Bank in that behalf or otherwise) to the Client, which may affect the Facility.

• • PRERANA CO OP Bank, does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through the PRERANA CO OP Bank makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the Client or  by any  person resulting from or in connection with the Facility.

• • PRERANA CO OP Bank shall under no circumstance be held l iable to the Client or the Authorized User if the Facility is not available or there is any  delay in the carrying out of the instructions for any reasons whatsoever 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  PRERANA CO OP    Without limitation to the other provisions of these Terms and Conditions, PRERANA CO OP 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 Client or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of PRERANA CO OP 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 Client and the network of any cellular service provider and PRERANA CO OP Bank’s system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the Client, PRERANA CO OP Bank’s system or the network of any cellular service provider and/or any third party who provides such services as is necessary to provide the Facility. Illegal or improper use of the  Facility by the Authorized User or any other person shall render the Client and the Authorized User liable for payment of  financial charges as  decided by  PRERANA CO OP Bank and /  or  will result in suspension of the Facility to the Client.

• • Notwithstanding anything to the contrary stated herein, PRERANA CO OP Bank shall not be involved in or in any way be liable to the Client for any dispute between the Customer and a cellular services  provider  or any third party service provider (whether appointed by PRERANA CO OP Bank in that behalf or otherwise).

• • The Client and the Authorized User are solely responsible for protecting any password given by PRERANA CO OP Bank for the use of the PRERANA CO OP Bank will not be liable for :

• • any unauthorised use of any password(s) given to any Authorized User or Mobile Phone Number or for  any fraudulent, duplicate or erroneous instructions given by use of the Client’s password or Mobile Phone Number;

• • acting in good faith on any instructions received by  PRERANA CO OP  Bank;

• • error, default, delay or inability of PRERANA CO OP Bank to act on all or any of the instructions; and

• • loss of any information / instructions in transmission.

• • PRERANA CO OP Bank will not be concerned with any dispute between the Client and any cellular service provider and / or any third party providing such PRERANA CO OP Bank makes no representation or gives no warranty with respect to the quality of the service provided by any cellular service provider.

• • PRERANA CO OP Bank shall not be liable for the oversight on part of the Client to update itself with the products which are provided through the Facility.

12.  Indemnity

• In consideration of PRERANA CO OP Bank providing the Facility, the Client  agrees to indemnify and keep PRERANA CO OP Bank safe and harmless from and against all actions, claims, demands, proceedings, loss, damages, costs, charges and expenses whatsoever which  PRERANA CO OP  Bank  may at any time incur, sustain, suffer or be put to as a consequence of or arising out in good faith for acting on or omitting or  refusing to  act  on any instructions given by use of the
• The Client holds PRERANA CO OP Bank / its Affiliates, harmless against any loss incurred by the Client due to failure in the network of the cellular service The Client agrees to indemnify and hold PRERANA CO OP Bank harmless for any losses occurring as a result of :
• the Client permitting persons other than the Authorized Users to use the Facility through any means; and
• any Authorized User permitting any other person to have access, whether deliberately or inadvertently, to the Mobile Phone

13.  Fees

PRERANA CO OP Bank shall have the discretion to charge such fees as it may deem fit from time to time and may at its sole discretion, revise the fees for use of  any or  all  of  the Facility. Such fees shall be  notified on the Website and the Client would be expected to apprise itself  of  the  same.  Any transactions conducted on behalf of the Client, post such notification, shall imply the Clients acknowledgement and acceptance  of  the  fees posted on the Website. The Client may at any time discontinue or unsubscribe from the Facility either fully or in respect of certain of its Authorized Users by following the procedure  prescribed  in  Term  14 hereof. The Client shall be liable for payment of airtime or other charges which may be levied by  any  cellular service provider in  connection with  the Facility and PRERANA CO OP Bank shall in no way  be  concerned with the same.  The fees payable by the Client is exclusive of the amount payable to any cellular service provider and would be debited from the account of the  Client on a monthly basis. The Customer shall be required to refer to the schedule of fees put up on the Website from time to time.

14.  Termination

• The Client may request for termination, in part or in whole, of the Facility any time by giving a written notice of at least 15 days  to  PRERANA CO OP The Client will remain responsible for any transactions originating from a  Mobile Phone Number through the  Facility prior  to the conclusion of the aforementioned 15 days.
• PRERANA CO OP Bank may, at its discretion, withdraw temporarily or terminate the Facility, either wholly or in part, at any time without giving prior notice to the PRERANA CO OP Bank may, without prior notice, suspend the Facility at any time during which any maintenance work or  repair is required to be carried out or in case of any emergency  or  for security reasons, which require the suspension of the Facility  or  if the Customer has breached these terms and conditions or PRERANA CO OP Bank learns of the existence of any circumstance which in its  opinion  would result in the Customer being unable  to  carry  on  its obligations herein to the fullest extent possible.
• The closure of the Accounts and / or termination of mobile phone banking Services by the Client will automatically terminate the Facility.

15.  Notices

PRERANA CO OP Bank and the Client may give notice under these  terms  and  conditions electronically to the mailbox of the Client and or by text message on registered mobile number or alternate mobile no provided by client at the time of availing facility or afterwards (which will be  regarded as  being in the writing) or in  writing by delivering them by hand or by sending them by post to the last address given by the Client and  in  case to PRERANA CO OP Bank at i ts head office at PRERANA CO OP Bank Ltd, Dange Chowk, Laxmannagar, Thergaon Pune 411 033 In addition, PRERANA CO OP Bank may also publish notice of general nature regarding the Facility, which are applicable to all Clients on its  Website. Such notice will be deemed to have been  served  individually  to  each Client.

16.  Governing Law

Any dispute or differences arising out of or in connection with the Facility shall be subject to the exclusive jurisdiction of the Courts of Pune and shall be governed by the laws of India.

PRERANA CO OP 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 Facility can be accessed by a Client 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 and / or  the use of the Facility.

Definitions:

In these Terms and Conditions, the following terms shall  have  the following meanings:

” Alert(s)” means the customized messages sent to the Client  over  his  mobile phone as short messaging service (” SMS”) in response  to  the Triggers sent by the Client.

” Alert/ Push  Facility” shall  mean  the service provided by  PRERANA CO OP  Bank  wherein a Client can obtain specific information pertaining to his Account  on  his  Mobile Phone number.

” Request/ Pull Facility” shall mean facility through which Clients will be able to make requests about their Accounts by sending “key words” through SMS to Mobile Phone Number provided by PRERANA CO OP Bank for the purpose.

“Triggers” means the customized triggers that are required to be set by the Client with PRERANA CO OP Bank which shall enable PRERANA CO OP Bank to send the Alerts relating to his Account.

1.  Applicability

All Clients having checking accounts (Current, savings, Cash Credit, Overdraft, FD CC) relationship with PRERANA CO OP Bank can avail of this service. The last updated mobile number in  the records  of PRERANA CO OP Bank would be used to send the Alerts. Currently,  Alert Facility is not offered for two Mobile numbers for the same account. Such Alerts will be available to the Client only if the Client is within  the cellular service range of the  particular cellular  service provider  or within such area which forms part of the roaming network of such cellular service provider providing services to  the  Client  availing such roaming facility from respective cellular service provider.

2.  Process

To receive Alerts, the Client may select and set all or any of the Triggers by submitting an application in the prescribed format as applicable or by any other mode as notified by  PRERANA CO OP Bank from time to time. The Client shall be required to acquaint himself with the detailed process for using Mobile Alerts and PRERANA CO OP Bank shall not be responsible for any error made by the Client while setting the  Triggers. In setting of the Triggers by the Client, the terms and conditions as applicable to PRERANA CO OP Bank Mobile Phone Banking, PRERANA CO OP Bank Internet Banking(when started) shall also apply. The Client acknowledges that Alert Facility will be implemented in a phased manner and PRERANA CO OP  Bank  may  at  a  later stage, at i ts discretion, send Alerts over email, expand the available Triggers or Alerts to meet Client requirements, or  may  discontinue  all or any of the facility/ features. PRERANA CO OP Bank may, from time to time, change the features of any Trigger or Alert. The Client shall be  required to keep himself informed of the  available  Triggers  or  Alerts, which will be made available on the Website. The Client may, from time to time, modify the Triggers selected by him, without the necessity of a fresh registration. Any Client availing the Facility will  be provided with Alert Facility and/ or Request Facility as may be decided by PRERANA CO OP Bank from time to time. Keywords for various information requests shall be as may be provided for, from time to time, including on the application forms, or available at PRERANA CO OP BANK’s Website.

3.  Setting Triggers and Receiving Alerts

When setting of triggers facility by clients on their own will be made available by PRERANA CO OP Bank, it will not acknowledge receipt of any instructions or Triggers nor shall PRERANA CO OP Bank be responsible to  verify  any Instructions or Triggers or the Client’s TPIN or password or Mobile Phone Number. PRERANA CO OP Bank will endeavor to  give  effect  to Instructions and Triggers on a best effort basis and as soon as practically possible for PRERANA CO OP Bank. PRERANA CO OP Bank may, in its discretion, not give effect to any Triggers i e PRERANA CO OP Bank has reason to believe (which decision of PRERANA CO OP Bank shall be binding on the Client) 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 Client is responsible for intimating to PRERANA CO OP Bank any change in his Mobile Phone Number or email address or Account details and PRERANA CO OP Bank  will not be  liable for  sending Alerts  or other information over the Client’s mobile phone number/ email address /fax number recorded with PRERANA CO OP Bank. The Client acknowledges that to receive Alerts, his  mobile phone number must  be active and accessible. The Client acknowledges that if the Client’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 PRERANA CO OP Bank, that particular message may not  be received by the Client. Triggers will be processed by PRERANA CO OP Bank  after receipt and PRERANA CO OP  Bank shall have the discretion to determine  the time taken to process such  request.  The  Client  acknowledges that there shall be an intervening period between receipt of  Triggers by PRERANA CO OP Bank, process of the Triggers  and  the time that  the Alerts  are sent. The Client acknowledges that the Facilities provided is dependent on the infrastructure, connectivity and services provided by service providers engaged by PRERANA CO OP Bank. The Client accepts that timelines, accuracy and readability of Alerts sent by PRERANA CO OP Bank will depend on factors affecting other  service  providers  engaged  by  PRERANA CO OP Bank. PRERANA CO OP Bank shall not be liable for non-delivery or delayed delivery of Alerts, error, loss or distortion in transmission of  Alerts  to the Client. PRERANA CO OP Bank shall endeavor to provide the Facility on a best effort basis and the Client shall not hold PRERANA CO OP Bank liable for non-availability of the Facility or non-performance by service providers, if any, engaged by PRERANA CO OP Bank or any loss  or  damage caused to the Client as a result of use  of  the  Facility  (including relying on the Alerts for the Client’s commercial, investment or  business purposes) for causes which are not attributable to PRERANA CO OP Bank. PRERANA CO OP Bank shall not be liable in any manner to the Client in connection with the use of the Facility. The Client accepts that each Alert may contain certain Account information relating to the Client. The Client authorises PRERANA CO OP Bank to send  Account  related information, though not specifically requested, if PRERANA CO OP Bank deems that the same is relevant. PRERANA CO OP Bank  shall not  be  held responsible for the confidentiality, secrecy and security of the Personal  or  Account information being sent through the Facility.

4.  Fees

PRERANA CO OP Bank reserves the right to charge for the  Alert  Facility  and revise such charges and such  updates in charges shall  be  intimated to the Client through Alerts/ display on the Website depending upon the discretion of PRERANA CO OP Bank.