Applicability Of The Terms And Conditions
These terms and conditions form the contract between the USER and the BANK and shall be in addition to and not in derogation of other terms and conditions relating to any account of the USER and/or the respective product or the service provided by the BANK.
Eligibility And Registration
Any user of the Bank having a savings/ current/ cash credit/ overdraft account with the bank is eligible to avail the facility. Such a user should both be the account holder and the sole signatory or be authorised to act independently. Applicants, who are joint account holders, shall be required to obtain written mandates from other account holders authorising the Bank to provide the said facility to the applicant. An account in the name of minor, in which the minor is a joint account holder, is not eligible for the facility.
Eligible users desirous of availing the facility shall be required to visit the nearest Branch and submit an application in the specified form (as prescribed by the bank), duly completed or through any of the Automated Teller Machines ("ATMs") of the Bank.
Acceptance of any application made shall be subject to the verification of all the information provided by the user through any mode as decided by the Bank.
The applicant user shall only be allowed to use the facility after due processing of the application and the registration of the information furnished by the user with the bank. This activation period may extend to a minimum of 2 business days in case of application being made on the website http://www.axisbank.com or at the call centre or at any of the ATMs; and a period of 3 business days in case of printed form (as prescribed by the bank) from the date of receipt of the application at the Operation Cell, Mumbai.
The mobile number of the customer will be updated at customer ID (or Cust ID) level across all his bank relationship.
The alerts will be sent to the registered mobile number on various transactions as specified by RBI and the Bank from time to time. For all channel transactions, alerts will sent irrespective of the value of the transaction.
The user indemnifies the Bank against any fraudulent misuse of his mobile number or sim card for any financial transaction. The user is solely responsible to ensure the Mobile number is updated with the Bank and report any changes.
Effective from June 15, 2013 all Savings Account holders registered for SMS Banking (except NRI) will be charged Rs. 15 per quarter (exclusive of taxes).You can unsubcribe by visiting nearest branch till 15th July 2013. If you unsubscribe after 15th July, you will not be charged from subsequent billing cycle.
#Debit/Credit Card Transaction alerts sent as per regulatory guidelines and Internet Banking transaction alerts do not form part of SMS banking service. Customers who are not registered for chargeable SMS banking service will continue to get these alerts free of charge.
Process/ Usage Of SMS Banking
- The user shall use only a mobile phone registered in his name with the Mobile Phone Service Provider ("Service Provider") and should have the same address as provided to the Bank and the number of which has been informed to the bank to access the said facility.
- The user shall use the keywords for various information requests or any other request including requests for termination or suspension of the facility as may be provided for by the Bank, from time to time, including on the application forms, or available at Axis Phone Banking centers and/or on the website http://www.axisbank.com
- The user shall be required to acquaint himself with the detailed process for using the facility and the Bank shall not be responsible for any error made by the user while setting Triggers.
- The User acknowledges that Alert Facility will be implemented in a phased manner and Axis Bank may at a later stage, at its discretion, send Alerts over email, expand the available Triggers or Alerts to meet User requirements, or may discontinue all or any of the facility/features.
- Axis Bank may, from time to time, change the features of any Trigger or Alert. The User shall be required to keep himself updated and informed of the available Triggers or Alerts, which will be made available on the website http://www.axisbank.com or through the ATMs of the Bank. The User may, from time to time, modify the Triggers selected by him, without the necessity of a fresh registration.
- Any User availing the Facility will be provided with Alert Facility and/or Request Facility as may be decided by Axis Bank from time to time.
- Any user who sends keywords BAL and MINI on 5676782*/+919717000002 in order to know the Account Balance or the last 3 transaction details will receive a SMS informing him/her of the same. In addition to this, Axis Dial Menu will appear on the mobile screen through which banking services can be accessed.
Setting Triggers And Receiving Alerts
- The responsibility of the bank shall not exceed beyond effecting the instructions of the user in best possible ways and shall not be responsible to verify the authenticity of the TPIN or any password used to avail the facility or acknowledge receipt any instruction or trigger.
- The Bank may, in its discretion, not give effect to any Triggers if the Bank has reason to believe (which decision of the Bank shall be binding on the User) 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 User is responsible for intimating to the Bank any change in his Mobile Phone Number or the loss/ theft or disconnection of his mobile phone or email address or Account details and the Bank will not be liable for sending Alerts or other information over the User's mobile phone number/email address /fax number recorded with the Bank. Such information shall be informed to the Bank in writing or by Fax or e-mail and the Bank shall act on it within a reasonable time.
- The User acknowledges that to receive Alerts, his mobile phone number must be active and accessible. The User acknowledges that if the User'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 the Bank, that particular message may not be received by the User. The Bank shall not be responsible for any such inaccessibility due to the above said reason or due to any force majeure circumstances.
- The user accepts that there shall be an activation period before the user can avail the facility to process the Trigger requests.
- The User acknowledges that the Facilities provided is dependent on the infrastructure, connectivity and services provided by service providers engaged by the Bank. The User accepts that timeliness, accuracy and readability of Alerts sent by the Bank will depend on factors affecting other service providers engaged by the Bank. The Bank shall not be liable for non-delivery or delayed delivery of Alerts, error, loss or distortion in transmission of Alerts to the User.
- The Bank shall endeavour to provide the Facility on a best effort basis and the User shall not hold The Bank liable for non-availability of the Facility or non-performance by service providers, if any, engaged by the Bank or any loss or damage caused to the User as a result of use of the Facility (including relying on the Alerts for the User's commercial, investment or business purposes) for causes which are not attributable to the Bank. The Bank shall not be liable in any manner to the User in connection with the use of the Facility.
- The User accepts that each Alert may contain certain Account information relating to the User. The User authorises the Bank to send Account related information, though not specifically requested, if the Bank deems that the same is relevant. The Bank shall not be held responsible for the confidentiality, secrecy and security of the Personal or Account information being sent through the Facility.
Fees Chargeable For Providing The Facility
The charges shall be payable on quarterly basis and shall be deducted from the user's account. The said fees shall be chargeable from the date of expiry of any scheme whereunder the said facility may be available to the User free of cost. In the absence of any such scheme being offered by the Bank, the fees chargeable shall be from the date of application for the facility being made by the User as specified in Clause II (b) hereinabove.
The fee structure shall be subject to change on the bank's discretion from time to time and shall made available on the website http://www.axisbank.com or through the ATMs of the Bank for the users' reference.
The user may at any time discontinue or unsubscribe to the said Facility after clearing any dues payable to the Bank in relation to the usage of the said facility.
- The user irrevocably and unconditionally authorises Bank to access all his Accounts for effecting Banking or other transactions of the user through the Facility.
- The user expressly authorises the Bank to disclose to the service provider or any other third party, all user information in its possession, as may be required by them to provide the services to the user.
- The authority to record the transaction details is hereby expressly granted by the User to Bank. All records of Bank generated by the transactions arising out of use of the Facility, including the time of the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transactions.
- User authorises Bank to send any message or make calls to his mobile phone to inform him about any promotional offers including information regarding banks' new products either now available or which the Bank may come up with in the future, greetings or any other message that the Bank may consider appropriate to the user.
- The User irrevocably and unconditionally agrees that such calls or messages made by the Bank and or its agents shall not be construed as a breach of the privacy of the user and shall not be proceeded against accordingly.
- The User authorises Bank to send any rejection message, if it finds that the request sent by the User is not as per the Bank's format/requirement.
- The Bank shall make all reasonable efforts to ensure that the user information is kept confidential. The Bank however shall not be responsible for any divulgence or leakage of confidential User information.
- The user expressly authorises the Bank to carry out all request(s) or transaction(s) for and/or at the request of the user as are available to the user through mobile Banking facilities without the Bank having to verify the authenticity of any request or transaction purporting to have been received from the user through Mobile Banking.
- The Bank shall have the option to introduce payment facilities including Bill payment facility through mobile Banking services at any time in future and the user shall be deemed to have expressly authorised the Bank to make payment of the same when a request is received from him.
Accuracy of Information
- The user takes the responsibility for the correctness of the information supplied by him to the Bank through the use of the said facility or through any other means such as electronic mail or written communication.
- The user herein accepts that in case of any discrepancy in the information provided by him with regard to this facility the onus shall lie upon the user only and thus agrees to furnish accurate information at all times to the bank. If the User suspects that there is an error in the information supplied by Bank to him, he shall inform the Bank immediately. The Bank will endeavor to correct the error promptly wherever possible on a best effort basis.
- The Bank agrees that it shall to the best of its ability and effort try to provide accurate information at all times. However, the Bank shall not be responsible for any inadvertent errors or omissions that may occur due to reasons beyond the control of the Bank.
- The Bank shall also not be responsible for any incidental error which occurs inspite of necessary steps being taken by the bank to ensure the accuracy of the information provided to the user and the user shall not have any claim against the bank in an event of any loss/damage suffered by the user as a consequence of the inaccurate information provided by the bank.
Liabilities And Responsibilities Of The User
- The user shall be responsible for the accuracy of any information provided by the user for availing the facility.
- The user shall be responsible for activating the service after the Bank intimates him and the Bank shall not be responsible for any delay on the user's part.
- The User is solely responsible for protecting his Telephone Banking Password Identification Number (TPIN)/ Internet Banking password or mobile phone number and any password given by Bank for the use of the Facility.
- The User shall not interfere with or misuse in any manner whatsoever the Facility and in the event of any damage due to improper or fraudulent use by the User, the User shall be liable for damages to the Bank.
- The user shall be liable to the bank for any kind of unauthorised or unlawful use of any of the abovementioned passwords or of the said facility or any fraudulent or erroneous instruction given and any financial charges thus incurred shall be payable by the user only.
- The user accepts that for the purposes of the said facility any transaction emanating from the given mobile phone and mobile number shall be assumed to have initiated by the user.
- The user shall request the Bank, in writing or through the ATMs of the Bank, to suspend the said facility, if his mobile phone has been lost or has been allotted to some other person. Also he shall be obliged to inform the Bank about any change in the mobile number or any unauthorised transaction in his account of which he has knowledge.
- It shall be the responsibility of the user to update himself with regard to any information relating to the services as the Bank may decide to provide certain other additional services under the said facility. The Bank shall not be responsible for any disregard on the part of the user.
- The user shall be liable for all loss if he has breached the Terms and conditions contained herein or contributed or caused the loss by negligent actions or a failure on his part to advise the Bank within a reasonable time about any unauthorised access in the account.
The bank shall be absolved of any liability in case-
- The user fails to avail the facility due to not being in the required geographical range or any other reason including natural calamities, legal restraints any technical lapses in the telecommunication network or any other reasons beyond the actual control of the Bank the Bank shall not be accountable. Also the bank is herein absolved of any kind of liability arising due to a loss; direct or indirect incurred by the user or any other person due to any lapse in the facility owing to the above-mentioned reasons.
- There is loss of any information during processing or transmission or any unauthorised access by any other person or breach of confidentiality.
- 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, does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through the Facility. The 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 User or by any person resulting from or in connection with the Facility.
- The bank is acting in good faith on any instructions received by the Bank.
- 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 User 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 User 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 User, 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.
- Notwithstanding anything in the contrary provided in this terms and conditions, the Bank shall not be involved in or in any way liable to the User for any dispute between the User and a cellular services provider or any third party service provider (whether appointed by the Bank in that behalf or otherwise).
- Any loss incurred by the user due to use of the facility by any other person with an express or implied permission of the user. The bank shall not be held responsible for the confidentiality, secrecy and security of the personal or account information being sent through the facility for effecting the user's instructions.
- The bank shall not be held liable for any loss suffered by the user 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.
- The Bank shall not held liable for any misuse of the facility of cheque book through SMS.
- The Bank shall not be held liable in the cases of Delay in receipt of the SMS. SMS alerts are generated at the Bank’s end and sent to operator (via aggregator) for onward delivery to the customer’s inbox. However, multiple factors extrinsic to the Bank might cause delay in the delivery of the SMS in the above process
- Mobile Banking applications are handset specific and can be downloaded on Java enabled handsets. An attempt has been made to develop mobile banking applications for as many mobile models as possible. The list of models and specific mobile application compatible for that model is placed in this emailer for downloading for customers. Despite this, there may be some models which may not be appearing in the list.
- On downloading Axis Mobile, the Customer will be responsible for all transactions, including fraudulent/erroneous transactions made through Axis Mobile application regardless of whether such transactions are in fact entered into or authorized by him/ her or not and the customer will be responsible for the loss/damage, if any suffered. The products and services offered by Axis Bank are subject to applicable law and regulations and would be modified / discontinued based on the prevailing law / regulation at any point of time.
In consideration of the Bank providing these facilities, the user agrees to indemnify and hold the Bank harmless against all actions, claims, demands proceedings, loss, damages, costs, charges and expenses which the Bank may at any time incur, sustain, suffer or be put to as a consequence of or arising out of or in connection with any services provided to the user pursuant hereto. The user shall indemnify the Bank for unauthorized access by any third party to any information/instructions/triggers given by the User or breach of confidentiality.
Modification/ Alterations To The Facility
The Bank reserves the absolute discretionary right to make any amendments in the given terms and condition at any time as it may deem fit with a prior notice of 15 days to the user. Any such amendment shall be communicated to the user via email or by displaying on the website http://www.axisbank.com or through the facility which ever is suitable; and shall be applicable to the User availing the facility.
The Bank and the user may give notice under these terms and conditions electronically to the mailbox of the user (which will be regarded as being in writing) or in writing by delivering them by hand or by sending them by post to the last address given by the User and in case of Axis Bank at its office at Mobile Banking Division, Axis Bank, 17th Floor, E-Wing, Maker Tower, Cuffe Parade, Colaba, Mumbai 400 005. In addition, the Bank shall also provide notice of general nature regarding the facility and terms and conditions, which are applicable to all users of the Facility, on the website http://www.axisbank.com and/ or also by means the customised messages sent to the user over his mobile phone as short messaging service ("SMS"). In addition the bank may also publish notices of general nature, which are applicable to all users of the facility.
Such notices will be deemed to have been served individually to each user.
Termination Of The Facility
The user may request for termination of the facility any time by giving a written notice of at least 15 days to the bank or through a request through the ATMs or by sending the keyword, in terms of Clause III (b) hereinabove, as a short messaging service ("SMS") to the Axis Bank Phone Banking Number. In case the User requests termination of the facility, the facility shall stand terminated only from that time when the User receives an SMS from Axis Phone Banking confirming the termination of the said facility.
Notwithstanding the termination of the said facility, the user shall remain accountable for all the transactions made prior to any such cancellation on the user's account.
The 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 User. The 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. The Bank shall endeavour to give a reasonable notice for withdrawal or termination of the Facility.
The closure of all Accounts of the User will automatically terminate the Facility. The Bank may suspend or terminate Facility without prior notice if the User has breached these terms and conditions or Axis Bank learns of the death, bankruptcy or lack of legal capacity of the User.
Any dispute or differences arising out of or in connection with the said facility, between the user and the Bank shall be settled in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the Courts of Mumbai. The Bank is absolved of any liability arising, direct or indirect, for non-compliance with the laws of any country other than India where the facility is accessible.
The following words and phrases shall have the meanings set out hereinbelow in this document unless repugnant to the context:
- "Account(s)" shall mean a bank account/ credit card account and/ or any savings/ current/ overdraft/ cash credit account maintained by the user with the Bank and for which the facility is being offered.
- "Alerts" shall mean the customized messages sent to the User over his mobile phone as short messaging service ("SMS") in response to the Triggers sent by the User.
"Bank" and "Axis Bank" shall mean Axis Bank Limited, a company incorporated under the Companies Act 1956 and licensed as a bank under Banking Regulation Act, 1949 having its registered office at 'Trishul', 3rd Floor, Opposite Samartheshwar Temple, Law Garden, Ellis Bridge, Ahmedabad 380 006, Gujarat and corporate office at 131, Maker Towers 'F', Cuffe Parade, Mumbai.
This term shall be inclusive of any 'affiliates' of the Bank which shall mean and include any company which a holding company or a subsidiary of UTI Bank; a person under the control of the Bank or any person in which the bank has a direct/ beneficial interest in more than 26% of the voting securities of such person. For the purpose of this definition "control" when used with respect to any person would mean the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise howsoever; and "person" would mean a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever.
- "Facility" shall mean the mobile banking service/ facility provided by the Bank of access to information relating to the saving/ current account(s) of the users and usage of product and other services as may be made available on the mobile phone by the bank from time to time through mobile phone.
- "Mobile Phone Number" shall mean the number specified by the User on the website http://www.axisbank.com, through the call centre or in writing either through any Form provided by Axis Bank or otherwise for the purpose of availing the Facility.
- "Mobile Phone" shall mean the handset and the SIM card along with the accessories and necessary software for the GSM and CDMA phones, which is owned by the user.
- "Personal information" shall mean any information about the user provided by the user and obtained by the Bank in relation to the facility.
- "Pull request facility" means service provided by the bank of access to information relating to the savings/ current/ account, cash credit/overdraft account (or any other type of account the Bank may include in this definition later) of the user and usage of products / services as may be made available by the bank from time to time.
- "Push Alert Facility" shall mean the service provided by the Bank whereby a user can obtain specific information relating to his account on his mobile phone number.
- "Triggers" means the customised triggers that are required to be set by the user with Bank, which shall enable Bank to send the Alerts relating to his Account.
- "User" shall mean a user of the Bank who has applied for any product/ service of the Bank and who is authorised to use the mobile banking service.
For the purposes of this document all reference to the user in masculine gender shall be deemed to include feminine gender also.