Terms and Conditions
Terms and Conditions
These terms and conditions are applicable to the Users of WhatsApp that
avail/ seek to avail of the Services (defined hereinafter) provided thereon by
Indian Overseas Bank (“IOB” or “Bank”) and shall be deemed to include any
amendments/ changes/ modifications/ revisions/ restatements made thereto
from time to time (“Terms and Conditions”).
“Account” refers to any account held by the User with the Bank or
relationship that the User may have with the Bank pursuant to any product/
service/ loans/ facilities availed/ applied for from the Bank or because of
usage of any mobile banking application or any other application of the
Bank and includes savings account, current account, loan account or
deposits held with the Bank, etc.
“Customer” shall mean any Individual holding an Account with the Bank.
“One Way Communication” shall mean the service provided by the Bank to
the User on WhatsApp where the Bank sends its User one-way messages i.e.,
messages without any initiation of communication by the User, through its
Registered Number, which may be in the nature of information, alerts,
updates, transaction alerts in relation to the Account and such other
communications as the Bank may enable from time to time, at its discretion.
“Privacy Policy” shall have the meaning as ascribed to the term in Clause 13
hereto. “Services” shall have the meaning ascribed to the term in Clause 3
hereto.
“Two Way Communication” shall mean the service provided by the Bank to
the Users on WhatsApp where the User can communicate with the Bank by
sending messages to the Bank Registered Number, which may be in the form
of requests, seeking information, asking queries etc. and where the Bank
provides the Services by responding to such messages
“Underlying Product/ Service” shall mean the product or service of the Bank
availed/ sought to be availed by the User through the Services.
“User” shall mean a Customer of the Bank or any other person interacting
with the Bank on WhatsApp on the Bank Registered Number and/or availing
the Services through WhatsApp.
The User hereby agrees and undertakes that he shall use the Services only if he
fulfils the eligibility as given below and shall otherwise not use the Services:
(i)The User is an individual.
(ii)The User is of sound mind, solvent and competent to contract.
3.SERVICES
a. Services shall mean any of the following services provided by the Bank,
by itself or through any of its service providers, by way of One-Way
Communications and/or Two- Way Communications:
b. The User hereby agrees and confirms that the Services shall be subject
to the following:
iii) Sole discretion of the Bank to approve/ reject any request of the
User at any time, without providing any reason for the same.
c. The User hereby agrees and confirms that the Bank may, at its sole
discretion, add, remove, enable, or disable one or more Service(s) on
WhatsApp without notice and without providing any reason or explanation
for the same to the User and the Bank shall not be responsible for any loss
that the User may suffer for this.
d. The User hereby agrees that he/she shall not forward, share or
disseminate any information, links or details provided by the Bank to the User
through the Services to any other person or entity.
e. The User agrees and accepts that the Bank reserves the right to
provide only such Services as the Bank may at its discretion permit from time
to time. The Bank may also advise the availability/non-availability of any
Service, at its sole discretion.
f. The User agrees that he shall not hold the Bank responsible for not
responding to the queries of/ information sought by the User or not providing
a response to the satisfaction of the User or not processing any request of the
User.
g. The Bank will have no liability in case of any fraud or impersonation
incidents through WhatsApp.
h. In case the Bank permits any Service in the nature of a transaction, the
User agrees that such a Service shall be subject to statutory/ regulatory limits
and/or any limits that may be imposed by the Bank, from time to time, at its
sole discretion.
a. The User hereby agrees and consents to the Bank for providing the
Services through WhatsApp as a medium.
b. The User further agrees that any consent in relation to the Services
given by the User to the Bank Registered Number shall be binding on the
User.
c. The User hereby expressly agrees and consents to the Bank for sharing
and/or displaying User Information including Account number (in masked
form or otherwise), name of the User, type of Account, Account balance,
summary of transactions including information which may constitute as
sensitive personal data or information, on WhatsApp as may be necessary for
provision of the Services.
d. For Services where the User is provided with a re-direction link to other
webpages/ applications/ portals of the Bank for availing the Underlying
Product/ Service, the User hereby consents to the Bank for processing/
sharing/ using/ disclosing the User Information, including with its service
providers, for pre-filling such data in the webforms on such webpages/
applications/ portals.
a. The User hereby agrees that he/she shall not submit or transmit any
content or information to the Bank Registered Number:
b. The Bank reserves the right to remove or otherwise delete any content
or submissions made by the User that violates the Bank’s internal rules or
which are inappropriate, as per the Bank’s sole discretion, without
undertaking any liability in relation to the same or giving any reasons or prior
warning to the User.
7.IMPORTANT COVENANTS
The User unconditionally and irrevocably agrees to the following:
a. That all the Services provided to him are subject to applicable law and
the rules, regulations, notifications, circulars and guidelines introduced or
amended from time to time by the Reserve Bank of India and/or any
regulatory/ statutory/ governmental authority.
b. That the User shall provide the Bank with such information and/or
assistance as is required by the Bank for the performance of the Services
and/or any other obligations of the Bank.
c. That all instructions relating to the Services shall be satisfactory to the
Bank in form and content.
e. That the Bank may advise from time to time the versions of the
operating systems on the Devices which are required for availing the Services
and/or registration of the Services. There will be no obligation on the Bank to
support all the versions of the operating systems. The User agrees that the User
shall be responsible for upgrading any software, hardware and the operating
system at his cost from time to time so as to be compatible with that of the
Bank’s requirements. The Bank shall be at liberty to change, vary or upgrade
its software, hardware, operating systems, etc. from time to time and shall be
under no obligation to support the software, hardware, operating systems
used by the User and that the same shall be the User’s sole responsibility to be
able to continue his use of the Services.
f. That the User shall not reproduce, copy, or redistribute for commercial
purposes any materials or design elements of the Services provided
hereunder.
g. That the responses sent by the Bank on WhatsApp are based on a
program running at back-end. This program has been developed and
regularly enhanced to handle the queries in best possible manner. However,
for any answers that the User may not find satisfactory or for any inaccuracies
arising therefrom, the Bank shall not be held responsible. The User may visit
www.iob.in in case of any clarifications.
h. By completing the registration process and accepting these Terms and
Conditions, the User agrees to receive notifications/ alerts/
acknowledgements/ updates via WhatsApp on his mobile number registered
with the Bank including information in relation to the Account, transaction
details, value added subscriptions, transaction alert notifications, regulatory
updates, personalized offers, new product features, etc. Further, by
completing the registration process and accepting these Terms and
Conditions, the User authorizes the Bank to send the alerts/notifications/
acknowledgements to the User on WhatsApp and/or SMS at the Bank’s sole
discretion and the Bank also may stop sending these alerts on SMS or any
other channel, at its sole discretion.
i. The User understands that using WhatsApp may carry extra risks.
Further, any message and information exchanged on WhatsApp shall be
subject to the risk of being read, interrupted, intercepted, or defrauded by
third party or otherwise subject to manipulation by third party or involve delay
in transmission. The Bank shall not be responsible or liable to the User or any
third party for the consequences arising out of or in connection with using of
this Service.
j. The User is aware that he/she may not be possible for the Bank to give
detailed information on the various service functionalities. The Bank shall not
be responsible or liable to the User or any third party for the consequences
arising out of or in connection with using of the Services.
k. The User is aware that authentication technologies and strict security
measures are required of the User for using mobile applications such as
WhatsApp. The User undertakes to ensure that he shall not reveal his
password to any third party including any employees or representatives of
the Bank. The User shall be solely responsible for all the communication
exchanged between the User and the Bank while utilizing these Services.
l. The User understands that his Device is vulnerable to the threats such as
but not limited to:
m. The User is responsible for maintaining the security and safeguarding of
his account on WhatsApp as well as the registered mobile number and linked
Device(s).
n. The User shall ensure appropriate network connection and the receipt
of messages by the User shall be subject to the network connection and the
Bank shall not be held responsible for any delay or non-receipt of the
responses from the Bank.
o. The User is aware that using any mobile application involves many
uncertain factors and complex software, hardware, systems, etc. which are
susceptible to interruptions and dislocations. The Bank does not make any
representation or warranty that the Services will be always available without
any interruption and that the Bank shall not be responsible for any variation,
reduction or imposition of the terms or the User’s inability to use WhatsApp for
any reason whatsoever.
p. The User agrees that he shall not have any claim against the Bank on
account of any suspension, interruption, non-availability or malfunctioning of
any of the Services including due to any link/mobile/system/ technology
failure at the Bank’s end for any reason thereof.
q. The Bank has the right to suspend or retract the User’s right to avail of
the Services any time it deems fit without providing any reason or notice to
the User. These Terms and Conditions may be withdrawn, superseded,
restated, updated and/or modified at any time, by the Bank as per its
internal policies, without prior notice to the User, by updating the same on
the Bank’s website and it shall be the responsibility of the User to keep himself
updated of the same.
8.SECURITY MEASURES
a) keep the passwords to his Device fully and strictly confidential
and shall under no circumstance reveal any of the password(s) to any
other person.
b) commit the password to memory and not record any of them in
a written or electronic form.
c) not let any unauthorized person have access to his Device or
leave his device unattended while accessing his WhatsApp.
e) not remove the restrictions that may be imposed by the Device
provider on the device.
The User hereby agrees and accepts that he shall always be solely
responsible for the protection and safekeep of his SIM card, Device and the
applications installed thereon, specifically WhatsApp, login ids, User
Information, security details and passwords as mentioned hereinabove and
hereby fully agrees that the Bank shall in no manner be liable for any direct or
indirect or consequential or other loss occurring on out of any action or
omission because of compromise of the same. Further the User agrees that
he understands the risks of losing his SIM card or transferring his SIM card to
another device. The Bank strongly advices the User, for the purpose of using
the Services on WhatsApp, to delete the WhatsApp application when
changing his device.
Further the User understands the risks of compromise of his QR code and the
implications that it may have on his WhatsApp, including access by a third
party to the User’s WhatsApp and the Services. The User agrees that the Bank
9.RISKS
The User hereby acknowledges that he is availing the Service(s) at his own risk
and the User shall not hold the Bank responsible or liable for any of the risks.
Apart from the risks mentioned above, these risks would include but not be
limited to the following:
a)Misuse of Password:
The User acknowledges that if any third person obtains access to the User's
Device or SIM card or the User’s WhatsApp, such third party may be able to
access User Information including Account related information of the User,
which may be confidential in nature such as account balance, summary of
bank account statements, etc. of the User. The User shall always ensure that
the Terms and Conditions applicable to the use of the password and security
of WhatsApp and the Device of the User are strictly always complied with.
b)Internet Frauds:
For availing any Service(s), the Bank would require proper, accurate and
complete details to be provided to the Bank in the form and manner
prescribed by the Bank. For instance, the User is aware that he would be
required to fill in the requisite details of the account with regard to which he
seeks to obtain the account balance. In the event of any inaccuracy in this
regard, the User acknowledges that the User may be sent responses or shown
information which may not be applicable to him or may not be sent a
satisfactory response, and the User agrees that in such a scenario, the Bank
shall not be liable for any loss to the User in this regard. The User shall therefore
take all care to ensure that there are no mistakes and errors and that the
message sent/ request made/ query asked by the User to the Bank in this
regard is error free, accurate, proper and complete at all points of time. The
User agrees that the Bank is providing the Services at the User’s sole risk. The
User agrees that the Bank shall not be liable for any loss, damages or
consequences whatsoever arising due to any erroneous or incomplete
information or any delay in executing the instructions for reasons beyond the
control of the Bank. The User shall be liable and responsible to Bank and
accede to accept the Bank's instructions without questions for any unfair or
unjust gain obtained by him while availing of the Services.
d)Technology Risks:
The technology for enabling the Services offered by the Bank could be
affected by ransomware, virus or other malicious, destructive, or corrupting
code, programme or macro or any other security threat. It may also be
possible that the site of the Bank may require maintenance and during such
time it may not be possible to process the request of the Users. This could
result in delays in the processing of instructions or failure in the processing of
instructions and other such failures and inability. The User understands that the
Bank disclaims all and any liability, whether direct or indirect, whether arising
out of loss of profit or otherwise arising out of any failure or inability by the
Bank to honour any User instruction for whatsoever reason.
10.ACCURACY OF INFORMATION
11.LIABILITY
The User agrees that he shall be liable for all loss from unauthorized uses of his
WhatsApp and/or for requests made while availing the Services and/or for
any breach(es) of these Terms and Conditions or if he has in any way
contributed or caused the loss by negligent actions including the following:
The Bank shall not be responsible or liable to the User or any third party for the
consequences arising out of or in connection with using of this Service,
including for any reasons aforesaid and the entire liability and responsibility
due to any of the aforesaid shall completely be on the User above. The User
agrees that the Bank shall in no circumstances be held liable to the User if the
Services or if the User is unable to register for the Services in the desired
manner/ in the manner provided for herein for reasons including but not
limited to natural calamity, floods, fire and other natural disasters, legal
restraints, faults in the telecommunication network or internet or network
failure, software or hardware error or any other reason beyond the control of
the Bank. The Bank shall under no circumstance be liable for any damages
whatsoever whether such damages are direct, indirect, incidental,
consequential and irrespective of whether any claim is based on loss of
revenue, investment, production, goodwill, profit, interruption of business or
any other loss of any character or nature whatsoever and whether sustained
by the User or any other person. Further, the Bank shall not be liable for any
damages, losses (direct or indirect) whatsoever, due to disruption or
nonavailability of any of Services/facility/s due to technical fault/error or any
failure in telecommunication network or any error in any software or
hardware systems.
12.INDEMNITY
The User undertakes to indemnify and keep the Bank and its
officers/employees fully indemnified and harmless from and against all the
consequences of breach of any of the terms, conditions, statements,
undertakings representations and warranties of these Terms and Conditions
as also of any of its representations or warranties not being found to be true
at any point of time, including any actions, notices, suits, claims, proceedings,
damages, liabilities, losses, expenses, costs or taxes faced, suffered or
incurred by the Bank including from any third parties.
13.USER INFORMATION
The User understands and agrees that while the Bank has deployed processes
and technology to prevent unauthorized use or accidental disclosure of the
User Information or any other data pertaining to the User on WhatsApp, the
User understands and accepts that by using the Services, the User Information
and any other data of the User in relation to the Services may also be stored
on the application/ website/webpage and server of WhatsApp, which are
outside of the control of the Bank and the Bank cannot guarantee the security
of the User Information or any other data which is stored on therein. The User
unconditionally and irrevocably agrees and accepts that the Bank is not
responsible for any compromise in such User Information/ data outside the
control of the Bank and acknowledges that the User is providing the User
Information at his own free will and risk.
The User hereby expressly consents to and authorizes the Bank (whether
acting by itself or through any of its service providers, and whether in
i) to collect the User Information from me and other physical or online
sources including WhatsApp accessing the same from credit
information companies, to get the authenticity, correctness,
adequacy, etc. of the User Information verified from any sources
and persons including from online data bases; and to act for and
on my/our behalf for such accessing, collecting or verifying of the
User Information including using my/our log in and password
credentials on the online platforms; such collection, access and
verification may be done without any notice to me/us
ii) process User Information including by way of storing, structuring,
organizing, reproducing, copying, using, profiling, etc. as may be
deemed fit by the Bank.
iii) to store the User Information for such period as may be required for
contract, by law or for Bank’s evidential and claims purposes,
whichever is longer.
iv) to share and disclose the User Information to service providers,
consultants, credit information companies, other banks and
financial institutions, affiliates, subsidiaries, regulators, investigating
agencies, judicial, quasi- judicial and statutory authorities, or to
other persons as may be necessary in connection with the
contractual or legal requirements or in the legitimate interests of the
Bank or as per the consent.
v) any of the aforesaid may be exercised by the Bank for the purposes
mentioned above, for the purposes of credit appraisal, fraud
detection, anti- money laundering obligations, for entering
contract, for direct marketing, for developing credit scoring models
and business strategies, for monitoring, for evaluating and improving
the quality of services and products, for other legitimate purposes or
for any purposes with consent.
The User acknowledges the Bank has engaged/ may engage a service
provider from time to time, for various aspects related to Services, storage,
software/ hardware requirements, processing of requests, engines, responses,
etc. The User has no objection to the same. The User hereby confirms that all
the authorizations and rights in any of (i) to (v) above also extend to and are
given above to the service providers of the Bank, including for all the sharing
and disclosures amongst the Bank and its service providers.
14.WITHDRAWAL OF SERVICES
16.PROPRIETARY RIGHTS
The User acknowledges that the software/ other internet related software
which are required for providing the Services or any Intellectual Property
Rights of the Bank in the process are the legal property of the Bank/
respective vendors. The permission given by the Bank to avail of the Services
to the User will/ does not create or convey any rights, title or interest to the
User or to any person, in the above software or Intellectual Property Rights of
the Bank. The User agrees that he shall not attempt tomodify, translate,
disassemble, decompile, or reverse engineer such software or create any
derivative product based on the software.
17.DE-REGISTRATION OF SERVICES
The User may request for de-registration of the Service any time by following
the process (De-register option from the WhatsApp menu lists) as may be
prescribed by the Bank from time to time. Once the de-registration process is
complete, the Bank will no longer process the User’s information for the
purpose(s) originally agreed to by it, unless we have another legitimate basis
for doing so in law in accordance with the Privacy Policy, however, the User
understands that for the de-registration may not be immediate and may take
some time for the same to come into effect. The Bank reserves the right to
change the aforementioned process of de-registration. The User agrees that
he will remain responsible for any requests made/ messages sent to the Bank
using the Services prior to the time such cancellation of the Services is
18.NOTICES
The Bank and the User may give notices under these Terms and Conditions:
a) Electronically to the email id, mobile number of the User registered with
the Bank and/or through WhatsApp. Such notices will be regarded as being
in writing.
b) In addition, the Bank may also publish notices of general nature, which
are applicable to all Users using the Services on its web site and/or on its net
banking page or YONO website. Such notices will have the same effect as a
notice served individually to the User.
The User further agrees that the WhatsApp application is owned and
controlled by an independent third party which is unaffiliated with the Bank.
The Bank is not responsible for the privacy or security policies of WhatsApp and
any other entity that may be linked to/ from/ within it and does not assume
liability for any damage incurred by the User from the use of said application.
The User fully understands that the Bank is not endorsing the products or
services of WhatsApp or of any advertisement etc. appearing thereon. The use
of WhatsApp shall be an independent arrangement between the User and
WhatsApp and the User shall independently be guided by the privacy policies
and terms of use of WhatsApp and the Bank shall not be party to the same nor
shall have any concern with the same.
These Terms and Conditions and/or the use of the Services provided through
WhatsApp shall be governed by the laws of the Republic of India and no
other nation. The User agree to submit to the exclusive jurisdiction of the
Courts located in Mumbai, India as regards any claims or matters arising
under these Terms and Conditions. The Banks accepts no liability whatsoever,
direct, or indirect, for non-compliance with the laws of any country other
than the Republic of India. The mere fact that the Service may be accessed
through the internet by a User in a country other than India shall not be
interpreted to
imply that the laws of the said country govern these Terms and Conditions
and/or the use of the Services.
21.GENERAL
The clause headings in this agreement are only for convenience and do not
affect the meaning of the relative clause. The User shall not be entitled to
assign this agreement to any other person. The Bank may subcontract and
employ agents to carry out any of the Services or for any incidental purposes.
The Bank may assign, transfer, any of its rights and/or obligations or any part
thereof to any persons at its discretion without any requirement for notice to
or permission from the User.
The User hereby agrees that in case of any change in the Bank Registered
Number or business account of the Bank, the registration of the User for the
Services and the acceptance of these Terms and Conditions and Privacy
Policy shall hold good for such changed business account or changed Bank
Registered Number of the Bank.
However, the User should note that in case of any change in the Bank’s Bank
Registered Number or business account, the Bank shall communicate the
same to the User through its existing Bank Registered Number or business
account or through its website.
The User hereby expressly acknowledges and confirms that the User
acknowledges and confirms that the User has read, verified, understood,
irrevocably agreed to and accepted and delivered all the terms and
conditions contained in Clauses 1 to 23 (including sub clauses) by typing “Hi”
on WhatsApp chat window post successful registration.
The Bank may print paper copies of the electronic record or produce in any
such form at its discretion this document, and the same shall be fully binding
on the User and the User has no objection to such printouts or any such other
form (in the discretion of Bank) being produced by the Bank in evidence in
any court, tribunal or otherwise, to prove the acceptance, execution as well
as the contents of the contract.
24. For EU & UK NRI Customers: - CONSENT FOR THE USE OF INFORMATION
FURNISHED IN RELATION TO OPENING / UPDATING MY / OUR ACCOUNT
1. I understand that the Indian Overseas Bank (IOB or the Bank), will
use the information furnished by me in relation to registering for
Digital Banking applications (WhatsApp banking Application)
(including the information modified or updated in the Bank’s
records/ system subsequently) in accordance with the applicable
laws of India and any other foreign laws to which I (or) the Bank
may be subject to. The said information will be used solely for the
purpose of opening, updating, maintaining, and operating my/our
account and account(s) opened subsequently and processing
transactions initiated by me in those accounts.
2. IOB may share my personal data with and obtain personal data
about me from credit information companies (CIBIL, Equifax, etc.)
and/or regulatory/fraud prevention agencies whether in India or
elsewhere to verify my identity for credit decision purposes, fraud
and Money Laundering prevention & other reporting obligations
and any other related and ancillary matters.
3. IOB may send its NRI Newsletter (or) marketing information and/or
any special offers I may be entitled to or about products and
services available from IOB / IOB Group that may be of interest to
me.
4. IOB may transfer data collected at European Union (EU) and United
Kingdom (UK) to India. I understand that India has not been
adjudged as an ‘adequate’ country under Art. 45 of EU GDPR/
subsection 18 of part 2 & subsection 74 of chapter 5 of UK DPA. This
implies that India may have less stringent laws pertaining to
collection /processing /storage/disclosure of personal data. By
accepting these Terms & Conditions, I hereby provide my explicit
consent to transfer data outside EU/UK to India.
5. IOB will update me on required changes regarding my account.
IOB will communicate to me about the banking transactions
undertaken by me, through Phone/Mobile No./e-mail provided by
me.
6. By accepting these Terms & Conditions, I confirm that I have read
the Privacy Notice provided to me through physical copy and/or
available at www.iob.in and provide consent to IOB for collecting,
transferring, holding and processing my personal data as indicated
therein.
7. Applicable only in case of processing personal data of Minor I,
lawful guardian of the registering user, minor who is under 18 years
of age hereby consent for processing of my Ward’s personal data
as required under Art. 8 of GDPR/ subsection 9 of part 2 of UK DPA.
The above section is subject to regulations issues by RBI for providing
banking and ancillary services in India. In case of a conflict
between EU-GDPR/UK- DPA/Privacy laws applicable in EU and any
law applicable in India, Indian law shall prevail.
8. I further understand that as and when IOB updates its Privacy
Notice, it will publish the same on its website. I undertake to consult
IOB’s website at regular intervals and confirm that any new version
of the Privacy Notice will apply from the date it is published thereon.
9. I understand that under the conditions defined by the General Data
Protection Regulations EU-GDPR/UK DPA (or) similar foreign
regulations, unless otherwise provided I have the rights:
25. For NRI CUSTOMERS OTHER THAN EU & UK-CONSENT FOR USE OF
INFORMATION FURNISHED IN RELATION TO SAVINGS/CURRENT/DEPOSIT
ACCOUNT WITH INDIAN OVERSEAS BANK
1. I understand that the Indian Overseas Bank (IOB) will use the
information furnished by me in relation to registering for Digital Banking
applications (WhatsApp banking) (including the information modified
or updated in the Bank’s records/ system subsequently) in accordance
with the applicable laws of India and/or, to the extent applicable and
necessary, with any foreign laws on data protection, as amended or
updated or promulgated from time to time. The said information will be
used solely for the purpose of opening, maintaining, and operating my
account and account(s) opened subsequently and processing
transactions initiated by me in those accounts.
i. User may consider using device lock features like passcode, pattern
lock, biometric verification, etc while accessing WhatsApp banking
functionality.
ii. Customer is solely responsible for maintenance of the secrecy and
confidentiality of the login into WhatsApp channel for accessing
WhatsApp banking functionality without any liability to the Bank.
iii. User to ensure to clear chat window after every interaction for
WhatsApp banking as best practice.
iv. User to use IOB WhatsApp banking services only using dedicated IOB
WhatsApp handler ‘9677711234’.
v. Indian Overseas Bank always uses the number, +91-9677711234 with the
verified blue badge for WhatsApp banking services.
Indian Overseas Bank or any of its representative never sends you email/SMS
or calls you over phone to get your personal information, password, MPIN,
Easy Pin, Secure Code or one time SMS (high security) password. Any such e-