Definitions
In these Terms and Conditions, all the capitalised words and phrases have the meaning stated hereunder, unless indicated otherwise:
“Account” includes all existing, new and future (including any changed or altered form) Account(s), (in any form whatsoever, including, but not limited to usual banking and any kind of banking or financial relationship) either held, operated and/or transacted singly and/or jointly at the Bank.
“Bank” shall mean Deutsche Bank AG, India and includes, unless it is repugnant to the context or meaning thereof its officials, employees, agents, contractors, consultants, representatives, successors, content providers and any such persons or entities, who are affiliated or associated with the Bank for any purpose, in relation to any of the Accounts or provision of Services or any other Bank operations, except where the Bank has itself excluded any such person or entity here from.
“Business Hours” means the time period for which the Bank is open for business and the Business Hours may vary for each branch of the Bank, as notified from time to time.
“Charges” shall mean all charges, fees, interest, costs levied by the Bank or any law as modified from time to time with respect to any Account and/or Services and/or otherwise on the Customer and includes a Service Tax.
“Customer” refers to the person or person(s): (i) in whose name the Accounts(s) with the Bank are existing, may be opened (changed) now/any time in future; (ii) to whom the Services are made available at the sole discretion of the Bank; (iii) the Cardholder, wherever applicable, and includes both singular and plural, and for purposes of reference to Joint Account holders, individually and collectively.
“Internet” refers to a network of computers and other electronic devices that share and exchange information and is at once a worldwide broadcasting capability, a mechanism for information dissemination, a medium for collaboration and interaction between individuals and their computers without regard for geographic location.
“Instruction” means any instruction or command given by the Customer in reference to any Service.
“Internet Banking Service” or “Service” means the facilities offered by the Bank, at its sole discretion, to carry out various transactions or avail of information over the Internet including services such as enquiry about balance in the Account, details about transactions in the Account(s), statement of Account, transfer of funds and any other service as the Bank may decide to provide from time to time through the Internet. The availability/non-availability of a particular Service shall be communicated to the Customer through e-mail, web page of the Bank or in writing as may be deemed fit by the Bank. Such Internet Banking Services may be provided by the Bank directly or through its associates or contracted service providers.
“Password” means and includes any randomly generated secret and confidential code, allotted by the Bank to the Customer and/or selected by the Customer and/or subsequently changed by the Customer as per his choice, for operating the Account and/or to avail specified Services through Internet Banking.
“RBI” means the Reserve Bank of India.
“Technical Snags” includes any problems and difficulties arising due to routine maintenance requirements, excess demand, power and electricity failure, computer errors, programming errors, software or hardware errors, computer breakdown, Internet or network failure, power failure, faults in the telecommunications network, non-availability of Internet connection, communication problems between the Bank's server and Customer's computer network, shutting down of the Bank's server or Website, non-availability of communication links, corruption of the computer software, snags in the service providers infrastructure and telecommunication network, and arising due to any other technology related snags; any problems and difficulties for any reasons whatsoever including but not limited to natural calamity, floods, fire and other natural disasters, labour disputes, legal restraints or any other problem or difficulty beyond the control of the Bank.
“Username” or “User ID” means and includes an identification code which is selected by the Bank and/ or the Customer for operating the Account and/or to avail specified Services through Internet Banking.
“Website” means the website owned, established and maintained by the Bank and available at url ww.deutschebank.co.in or such other urls as may be specified by the Bank.
Applicability
These Terms and Conditions apply to each Customer accessing or using the Website.
The Customer acknowledges that he has read and understood these Terms and Conditions and by signing the Internet Banking Services application form or by acknowledging receipt of the Username and/or Password, the Customer unconditionally and irrevocably accepts these Terms and Conditions. These Terms and Conditions shall form the contract between the Customer and the Bank for availing of the Services and shall be subject to the Bank's General Business Conditions or the Cardholder Agreement or such other terms as the Bank may specify from time to time (“Specific Terms and Conditions”). Except as may be stated otherwise, in the event of any inconsistency between these Terms and Conditions and any Specific Terms and Conditions, the Specific Terms and Conditions shall prevail.
The Customer further acknowledges that any and all information provided through the Internet Banking Services or for the use of the Internet Banking Services (including the Username and Password(s)) shall remain the sole property of the Bank. Accordingly, the Customer acknowledges and accepts that the Bank may, in its absolute discretion, restrict the Internet Banking Services or withdraw the use of the Username, the Password(s) and /or any other services, authentication methods/devices that may have been provided by the Bank for the purposes of using the Internet Banking Services.
Permit of Use
The Bank hereby grants to the Customer revocable, non-exclusive, non-transferable, limited permission to access, use and display the Website and the materials provided on it solely for the purposes specifically described herein and so long as the Customer complies with these Terms and Conditions. The Customer will not interrupt, or attempt to interrupt, the operation of the Website in any manner.
Disclaimer of Warranties
- The Bank may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to the Internet Banking Services. The Bank shall endeavor to use the best technology, but the Customer understands that due to the nature of technology, it may not be possible to keep the system foolproof and tamperproof at all times.
- The Customer acknowledges and unconditionally accepts and agrees that in no way shall the Bank be held responsible if the Customer incurs a loss as a result of technical snags or as a result of information being disclosed by the Bank regarding his Bank Account/s to any person or carrying out the transaction or instruction received by way of the Internet Banking Services by use of Passwords. If the Customer fails to observe the security and confidentiality requirements he may incur liability for unauthorised use. The Bank does not assume any responsibility on this behalf under any circumstance.
- The Customer shall indemnify the Bank promptly upon written demand by the Bank and keep the Bank indemnified against any liabilities, damages, costs, expenses, claims or demands or loss which may be incurred by the Bank as a consequence of any breach by the Customer of the terms of this Agreement.
- The Customer shall immediately report any fraudulent transactions affecting the Account, where a fraudulent transaction is carried out through Internet Banking, by calling the 24 hour Phone Banking number of the Bank. The Bank will forthwith deactivate the Customer's User Id immediately to prevent further misuse. The Customer is responsible for the security of the Password(s) and shall take all steps to ensure the safekeeping thereof, as provided herein. If the Password(s) are compromised, the Customer must file a First Information Report ("FIR") with the local police station and send a copy of the same to the local Bank branch immediately with a covering letter giving details of the loss along with such documents as may be required by the Bank. On receipt of communication from the Customer of any direct monetary loss ("Loss") along with requisite documents, prior to reporting of the Loss, the Bank is authorised to conduct its own investigation in respect of such fraudulent transaction(s). If such investigation reveals any direct or indirect involvement of the Customer his family members / relatives or his employees, the Bank shall take appropriate action against the Customer in addition to withdrawing any facilities offered to the Customer by the Bank. The findings of the Bank's investigation shall be final and binding on the Customer.
- The Website contains general information about the Bank’s products and services. The Web Site is not directed to any person in any country/jurisdiction where the publication or availability of the Bank's products or services mentioned in the Website is prohibited for any reason whatsoever (e.g. nationality, residency or otherwise). Persons to whom such restrictions apply must not access this Website. Moreover, products and/or services on this Website may not be available in all countries and in certain countries they may be offered by affiliates or licensees of the Bank, or under a different tradename of the Bank.
Accuracy and Reliability of Information
The Website and content is provided “as is”. Except to the extent that liability under any applicable law or regulation cannot be excluded and to the extent of its own wilful misconduct or gross negligence, the Bank or its licencors or other third party providers of information, that is accesible on or through the Website make no representations or warranties of any kind whatsoever regarding (1) the currency, accuracy or completeness of any information available by means of the Website , including prices; and (2) the results obtained by user or anyone else from the use of the Website. Except to the extent that liability under any applicable law or regulation cannot be excluded and to the extent of its own wilful misconduct or gross negligence, the Bank makes no representations or warranties of any kind whatsoever regarding any information provided by third parties and accessible on or through the Website. Any views expressed as the views of the Bank reflect the current views of the Bank and may change without notice. Except to the extent required by applicable law; the Bank (1) disclaims any express or implied warranties and conditions, including, without limitation, as to non-infringement, merchantability and suitability for a particular purpose; and (2) does not warrant that the Website or any services or content therein will be uninterrupted or error-free, that defects will be corrected or that the Website, the server on which it is made available or any connected system is free of viruses or other harmful components.
Links
The Website may contain links to other web sites, which in turn may contain material that has been produced by independent providers not affiliated with the Bank. The Bank accepts no responsibility for information provided on any web site that may be accessed through links on the Website.. Any opinions or recommendations expressed on such other web sites are solely those of the independent providers and are not the opinions or recommendations of the Bank. The existence of a link from the Website to any other such web sites does not constitute a recommendation or other approval by the Bank of such web sites or any provider thereof.
Changes to the Website
The Bank may change, suspend, terminate or discontinue any aspect of the Website at any time, including the availability of any services, information, features or functions accessible by means of the Website. The Bank may also impose limits to certain features, functions or services or restrict access to parts or all of the Website without notice or liability.
Limitation of Liability
Use of the Website is at Customer’s own risk, and the Customer assumes full responsibility and risk of loss resulting from downloading, use of or access to the Website and/or content.
Except to the extent that liability under any applicable law or regulation cannot be excluded and to the extent of its own willful misconduct or gross negligence: (i) the Bank or its licensors or other third party providers of information; that is accessible on or through the Website are not liable for loss or damage of any kind whatsoever arising as a result of (1) information published on the Website, or (2) any errors in or omissions from the Website; (ii) the Bank or its licensors or other third party providers of information, that is accessible on or through the Website shall have no liability arising from orders, investment decisions or purchases of third party goods or services (including financial instruments and currency) based on the information provided on the Website ; and (iii) under no circumstances shall the Bank or its licensors or other third party providers of information; that is accessible on or through the Website be liable for any damages whatsoever, whether direct, indirect, punitive, special or consequential, that are directly or indirectly attributable to the use of, or the inability to use, the Website, even if advised of the possibility of such damages or if such damages were foreseeable.
No Offer, No Advice
Except as otherwise specifically agreed in writing or provided in the Specific Terms and Conditions (i) nothing mentioned in this Website is an offer which can be accepted by the Customer so as to create contractual obligations without further action by the Bank; (ii) the Bank provides no advice with respect to the use of the Website (including, without limitation, regarding the execution of transactions or any legal, tax or accounting advice or advice regarding the suitability or profitability of a security, investment or transaction by means of the Website); and (iii) the Website provides only general information; it is not intended as financial, legal, tax or other advice or as an offer, solicitation or recommendation of securities or other financial products; the information provided to the Customer may not include the same information provided to other users of the Website or clients of the Bank, and the Customers should obtain independent specific professional advice including financial, tax and / or legal advice that addresses its particular investment objectives, financial situation and needs before making investment decisions. The Website may not be complete and up to date for Customer’s purposes. Products and / or services other than those mentioned on the Website are available on the market and they may be more suitable for your requirements.
Conflict of Interests
The Bank and its directors, officers and employees may have or have had interests or positions or traded or acted as market makers in securities or other values directly or indirectly referred to on the Website. Such entities or persons may have or have had a relationship or may provide or have provided services to companies directly or indirectly referred on the Website.
Customer Identification and Authentication
- The Internet Banking Services can be accessed only after authentication of the Customer by means of Password(s) /User ID or such other identification criteria as specified by the Bank.
- The Customer hereby grants express authority to the Bank for carrying out any transaction received by the Bank through the Internet (using his Password/ User ID), post authentication and the same will be deemed to have emanated from such Customer.
- The Customer agrees that he/she shall be solely responsible for the Instruction, transaction or information provided by the Customer by way of Internet Banking Services. The Customer acknowledges that the Bank shall have no obligation to verify the authenticity of any Instruction, transaction or information received by way of the Internet Banking Services or purporting to have been sent by the Customer other than by means of verification of the Password(s)/ User ID. The Bank will not be liable for acting in good faith on such Instructions.
- If the Bank is of the opinion that an Instruction over Internet may not have been properly authorized by the Customer, the Bank may, after making reasonable efforts to check whether it was properly authorized, refuse to carry out such Instruction or to take steps to reverse any action taken on the basis of that Instruction. The Bank may at its sole discretion decide not to carry out any Instruction/s through the Internet, where the Bank has reason to believe that the Instruction/s are not genuine or otherwise improper or unclear or raise a doubt. The Bank will not be responsible for any loss to any Customer / third party that results from such refusal to carry out Instructions or reversal of Instructions.
- The Customer agrees and acknowledges that he shall be solely responsible for maintaining secrecy of his Account details and Password(s). The Customer must comply with any other requirements designed to protect the security of his use of the Internet Banking Services, which are set out in the guidelines or notified to the Customer from time to time.
- To ensure that only the Customer is able to access and give instructions through the Internet, the Customer must at all times comply with the following security procedures: (i) the Customer should change his Password regularly or if so required by the Bank; (ii) not choose a Password, which he has used before or which is likely to be guessed by anyone; (iii) to safeguard his Password(s) at all times and not to disclose any details of his Password to anyone else (including to the joint account holder or a member of the Bank staff); (iv) not record Passwords in a way whereby it will be legible or accessible to any third party; (v) preferably memorize Passwords and then destroy any record of it; (vi) not allow anyone to operate the Internet Banking Services on his behalf; (vii) not leave any system unattended while he is logged on to the Internet and each time he goes away from such system to log-out from the Internet; (viii) not access the Internet Banking Services from any equipment or device connected to a local area network (or LAN), such as an office environment, without first ensuring that no one else is able to observe or copy his Password(s).
- The Customer shall indemnify the Bank if any loss is suffered by the Bank due to his failure to comply with the above security procedures.
- If the Customer discovers or suspects that his Password or any part of it is known to someone else or is lost or stolen, he must immediately change the Password himself through the Internet. If this is not possible, the
- Customer must notify the Bank immediately in writing at the Bank branch during Business Hours or through the phone. The Bank may suspend use of the Internet Banking Services until new Password(s) has been set up. Any transaction done prior to such a notification shall be entirely at Customer's risk and cost.
- The Bank shall not be liable for any losses and/or damages arising directly or indirectly as a result of such loss or theft or failure by the Customer to notify the Bank of such incident.
Record of Transactions
The Customer agrees and acknowledges that the Bank's own record of transactions in relation to the Internet Banking Services maintained through its computer systems or otherwise shall be accepted by the Bank as conclusive and shall be binding on the Bank and the Customer for all purposes and the Customer recognizes, undertakes and agrees to accept such record of the Bank without demur or protest. Due to some of the inherent features of the Internet, the Customer may be able to take out a print of the transaction attempted to be effected by the Customer over the Internet. In case of inconsistency, records maintained by the Bank shall prevail. The Customer unconditionally acknowledges and agrees not to contest any transaction carried out or not carried out by the Bank after posting Instructions on the Website.
Copyright and Trademark
The Website was created in 2005 and is protected by copyright, database rights and other intellectual property rights. The Bank and/or its suppliers, if any, retain all rights, title and interest in and to all data, text images, software and other elements (including multimedia elements) displayed on, distributed from, made available for downloading by means of, or used to provide any of, the Website's functionalities (the “Content”). Use of the Website and the Content does not grant the Customer any ownership rights on this Website or Content. The Customer may copy or print out as a hard copy these Terms and Conditions or other limited portions of the Content exclusively for private, non-banking purposes. All such copies will be subject to the use limitations specified in these Terms and Conditions and must contain a copy of the Bank's copyright notice. The Customer may not download, display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, time-share, lend or transfer or in any way exploit the Website or Content except as permitted by these Terms and Conditions . The Customer may not (i) use the Website (including without limitation to any Third Party Software) to operate a service bureau for the benefit of any third party, (ii) remove or obscure any copyright notice of the Bank or any of its suppliers, (iii) use any trademarks, service marks, domain names, logos, or other identifiers of the Bank or any third party without the prior written permission of the Bank or the relevant third party (iv) Customer may not (a) copy, down-load or store any market data (i.e., but not limited to, information on security quotes, business news, security indices) except in the normal course of ‘caching' the market data when viewing them on this Website; (b) redistribute or permit access to the market data; (c) use the market data to create an index if that index will be used as a tradable instrument in the nature of a security.
Miscellaneous
Governing Law and Jurisdiction
Except as might otherwise be stated in any Specific Terms and Conditions, these Terms and Conditions are governed by and shall be construed in accordance with the laws of India. (ii) Territorial coverage
The content of the Website is at no times intended for users in any territories other than India.
Assignment
These Terms and Conditions shall be for the benefit of the Bank for itself and on trust for each of the affiliates of the Bank, and shall inure to the benefit of the successors and assigns of any of the foregoing persons. The Bank shall have the right to assign these Terms and Conditions or any of its rights or obligations under these Terms and Conditions to any other affiliate, business partner or third party.
Investment Results
Statements on the Website regarding investment are based on past experience which is not necessarily a guide to the future performance of an investment. The value of investments can fall or rise and investors may not even get back the invested amount. Also, fluctuations of foreign exchange rates can cause the value of investments to go up or down.
Delegation
The Bank (i) may delegate the performance of any function in connection with the Website and (ii) reserves the right to use any agents on such terms as it thinks appropriate.
Amendments
The Bank reserves the right to vary or amend these Terms and Conditions in any manner as it may deem fit and proper. It is Customer’s responsibility to familiarize himself/herself/itself with these Terms and Conditions and any Specific Terms and Conditions and any amendments thereto on accessing the Website or any part thereof.
No Waiver
No failure or delay on part of the Bank in exercising any right shall operate as a waiver of, or impair, any such right. No single or partial exercise of any such right shall preclude any other or further exercise thereof or the exercise of any other rights. No waiver of any such right shall be deemed a waiver or modification of any other right under these Terms and Conditions.
Severability
If at any time any provision (or part of any provision) of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that or any other jurisdiction of any other provision (or any other part of that provision) of these Terms and Conditions.
Compliance with Export Laws
Use of the Website may require the distribution of cryptographic technology which may be the subject to export controls or restrictions. User will not redistribute or re-export such cryptographic technology without (i) the prior written consent of the Bank, (ii) Customer’s compliance with all applicable export laws, and (iii) Customer’s compliance with the laws of the country of destination or use.
Non solicitation
Deutsche Bank AG, Mumbai Branch (“Bank”) of Deutsche Bank Aktiengesellschaft, a corporation duly organized and existing under the laws of Federal Republic of Germany is regulated in India by Reserve Bank of India. It offers NRI Accounts and related services under the Reserve Bank of India program for Non-Resident Indians and are governed by the rules in effect from time to time relating to such programs, are subject to the sovereign risk arising from, and governed by the laws of, or any changes to the laws of India. NR deposits with the Bank in India are not insured by any other insurance company or corporation outside India and are payable only at the branch of the Bank in India where the deposit is made. The insurance available is up to a maximum of One Lakh provided by India's Deposit Insurance and Credit Guarantee Corporation. The information provided herein is not directed or intended to be used by any person or entity who is a citizen or resident of or located in any locality, state, country or other jurisdiction, where such distribution, publication, availability or use would be contrary to law, regulation within such jurisdiction or would subject the Bank or its affiliates to any licensing or registration requirements.
