Terms & Conditions
GCG/MK/TT/RCA T&Cs/11-08
rupee
checking
account
Important Information: © 2008 Citigroup Inc. CITI and
Arc Design is a registered service mark of Citigroup Inc.
CITI and CITI NEVER SLEEPS are service marks of
Citigroup Inc. CITIBANK is a registered service mark of
Citibank, N.A. or Citigroup Inc.
The Rupee Checking Account is an account held with
Citibank, N.A., India and the interest accrued on credit
balances therein shall be at such rate as determined,
from time to time, by Citibank, N.A., India in accordance
with applicable Indian law. All Rupee Deposits, Rupee
Checking Accounts and FCNR Deposits are with, and
payable solely at and by, the specific branch of Citibank,
N.A., India, where such deposit/account is held, and may
be allowed to be repatriated in accordance with the
guidelines issued by the Reserve Bank of India rules, and
in accordance with and subject to the laws of India,
including any governmental actions, orders, decrees and
regulations. Neither Citibank, N.A., India nor any other
branch or office of Citibank, N.A. will be liable for loss due
to failure to repay any deposit due to any act beyond the
control of Citibank, N.A., India, including any act of the
State, political disputes, civil commotion, war,
expropriation or unrest or any other cause beyond the
reasonable control of the paying branch of Citibank, N.A.,
India. Accounts/Deposits at Citibank, N.A. (India
branches) are not insured by the FDIC or any other U.S.
government agency or any insurance corporation
outside India. Any conversion from one currency to
another shall be at the rate of conversion as applicable
and determined by Citibank N.A., India as on the
transaction date. Citibank N.A. India's conversion rate for
both incoming and outgoing transfers denominated in a
foreign currency includes a commission for the
conversion service.
Important Information for United Kingdom residents:
Citibank International plc, registered in England with
number 1088249, registered office Citigroup Centre,
Canada Square, London E14 5LB, authorised and
regulated by the Financial Services Authority. Ultimately
owned by Citigroup Inc. New York, USA. Compensation
under the Financial Services Compensation Scheme is
not available.
Important Information for Australia residents: Products
are issued by Citibank Pty Limited ABN 88 004 325 080
AFSL No. 238098 or Citibank, N.A. ABN 34 072 814 058
(arranged by Citibank Pty Limited). Terms and Conditions
apply and are contained in the Product Disclosure
Statement. You should base your decision to invest on
the Product Disclosure Statement available from Citibank
NRI. Any advice provided is general advice only and does
not take into account your personal circumstances.
I. SCOPE OF APPLICATION
1.1 These Citibank Account Terms and Conditions
including any changes/modifications from time to time
('Terms and Conditions') shall govern the relationship
including, without limitation, all transactions relating to
the operation and maintenance of the Account between
the Customer and the relevant branch of Citibank N.A.
India that is maintaining the Account and shall govern
the general relationship and the particular services
mentioned hereinafter and made available to the
Customer at the sole discretion of the Bank (the
"Facilities"). Any other services may be offered to the
Customer at the discretion of the Bank, on special
conditions, which may be separately agreed to between
the Bank and the Customer.
II. ACCEPTANCE
The Customer unconditionally accepts and agrees to
comply with and be bound by these Terms and
Conditions, as in force from time to time. Without
prejudice to the foregoing, the use of the Account by the
Customer will be deemed acceptance of the Terms and
Conditions. No act, delay or omission by the Bank shall
affect its rights, powers and remedies under these Terms
and Conditions.
III. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, unless the context
otherwise requires,
3.1 Words importing the plural shall include the singular
and vice-versa;
3.2 References to any gender shall include references to
all genders, i.e. references to the masculine gender shall
include references to the feminine and neuter genders,
and vice-versa.
3.3 "Account" shall mean the Rupee Checking Account,
Rupee Current Account, Deposit Account in the nature of
NRE, NRO and FCNR(B) account(s) opened by the
Customer with the Bank by acceptance of the Terms and
Conditions and would be a domestic liability account
offered by Citibank N.A., India, as more particularly
described in the Account opening documents.
3.4 "ATM" means any automated teller machine
whether of the Bank or a shared network, at which,
amongst other things, the Customer can use the CitiCard
issued to perform account transactions.
3.5 "Authorised Signatory(ies)" means the person(s)
appointed by the Customer for the purpose of giving
instructions to the Bank on behalf of the Customer.
3.6 "Citibank" or "Bank" shall mean Citibank, N.A., India a
national banking association duly constituted, registered
and in existence in accordance with the laws of the
United States of America now in force and having its
Head Office at 399 Park Avenue, Borough of Manhattan,
City of New York and branch offices and acting through
the specific branch (as the context permits) at which the
Customer has opened the Account.
3.7 "CitiCard" (as defined under Clause XI.)
3.8 "CitiPhone" shall mean the direct telephone banking
services available to a Customer from the Bank in India,
presently under the name "CitiPhone", being subject to
the terms and conditions applicable to the same from
time to time.
3.9 The term "Customer" shall refer to the
person/persons whose details are more particularly set
out in the Account opening documents and shall, in the
case of the Customer being an individual, include his
heirs, executors, legal representatives and/or
Citibank Rupee Checking Account
Terms and Conditions
GCG/MK/TT/RCA T&Cs/11-08
administrators, and shall include a minor acting through
his/her natural guardian or by a guardian appointed by a
court of competent jurisdiction.
3.10 "Reserve Bank of India/RBI" means the Reserve
Bank of India established under the Reserve Bank of India
Act, 1934.
3.11 "Web-site(s)" shall mean the web-site(s) bearing URL(s)
http://www.citibank.com/india or http://www.citibank.co.in
or http://citinri.com the content of which is owned and
controlled by the Bank.
IV. GENERAL CONDITIONS
4.1 Validation of deposit receipts: Deposit receipt tickets
for deposits made into the Account will be validated by
the Bank's machine stamp or initials of the Bank's
authorized persons. The amount of cash or other
instrument deposited by the Customer through a
depository / ATM for credit to the Account, shall be
verified by authorized representatives of the Bank. The
Customer understands and agrees that the amount
ascertained on verification by the authorized
representatives shall be deemed to be the correct
amount deposited by the Customer, irrespective of the
amount mentioned on the receipt generated by the
depository/ATM at the time of making the deposit.
4.2 Monies in Account: The Customer shall only deposit
into the account monies which the Customer is legally
entitled to deposit. The Customer understands and
acknowledges that the Bank is entitled to information
with regard to source of any monies being deposited in
the Account and the Customer shall, upon demand,
without demur or dispute, inform the Bank of any such
source of monies.
4.3 Cheque Deposits: If a cheque credited to the
Account is subsequently dishonoured, the amount
thereof will be debited to the Account and the cheque
returned to the Customer at his last known mailing
address as per the Bank's records (subject to these
Terms and Conditions) and the Bank will levy applicable
service charges.
In case a cheque deposited in the Account bounces, the
processing time for subsequent cheques deposited in the
Account may be increased by up-to 21 working days.
4.4 Withdrawals/Payments:
4.4.1 The obligations with respect to the Account and
operations of the Account are subject to all applicable
laws (including without limitation, any governmental acts,
orders, decrees and regulations including fiscal exchange
control regulations). The Customer understands and
confirms that the Bank will be entitled at all times, to act
in accordance with applicable laws, without requiring to
provide prior intimation of such actions to the Customer.
Any and all limits/constraints imposed by applicable law
shall apply to the Account and the Facilities.
4.4.2 The Bank shall not be liable to pay interest on the
credit balance in any current account.
4.4.3 Unless specifically agreed with the Bank, the
Account shall, at any point in time, not be temporarily
overdrawn. The Bank may, at its discretion, allow the
Account to be overdrawn to the extent agreed and
advised by the Bank in writing, if the Customer has
previously made arrangements with the Bank for such
overdraft facility. Interest will be charged on any
overdrawn Account in accordance with the Bank's
prevailing rate and practice.
4.5 Account Information/Statements:
4.5.1 The Bank will issue and send to the Customer,
statements of Account ('Statement(s)') at such intervals
as the Bank may deem fit. Notice of availability of
statement on the Internet would be sent to the Customer
via email and the physical statement of Account would
be sent annually. The Customer must notify the Bank in
writing if any statement or other advice expected by the
Customer is not received. In case there is a discrepancy,
error or omission in the particulars or details of the
Account, the Customer shall intimate the Bank in writing
of the relevant discrepancy, error or omission within 14
days of receiving the statement, which the Customer
thinks has a discrepancy, error or omission, failing which
the statement shall be deemed to be true and correct for
all intents and purposes and accepted as such by the
Customer and the Customer shall not be entitled to
dispute the same thereafter. The Customer hereby
agrees and consents to the Bank giving any notice of
availability/readiness of the Customer's monthly/
quarterly Statement via email, to the email address
specified by the Customer. The Bank would be deemed to
have delivered the Statement to the Customer,
immediately on the Customer receiving notice of the
email containing the Statement as an attachment and/or
notice of the availability of the Statement. The Customer
will be obliged to open/print the Statement after
receiving the email as aforesaid from the Bank. The
Customer shall promptly inform the Bank if the Customer
is not able to access the electronic copy of the Statement
delivered via email to enable the Bank to make delivery
of the Statement by alternate means if there is a problem
with online access and the Customer specifically requests
for that particular Statement to be delivered by other
means acceptable to the Bank. Failure to advise the
Bank of any difficulty in accessing the Statement sent via
email within 24 hours of the Customer receiving notice
as aforesaid shall serve as an affirmation regarding the
receipt and acceptance by the Customer of the
Statement. The Customer understands that the
Customer shall be fully and solely liable for all of the
Customer's contractual liabilities to the Bank irrespective
of receipt of any Statement. With respect to joint
Accounts, all communication shall be addressed to the
first Account holder and this shall constitute
communication to all Account holders.
4.5.2 The notice of discrepancy, error or omission
referred to in clause 4.5.1 above shall provide sufficient
details to enable the Bank to investigate the alleged
discrepancy, error or omission and shall include the
following information:
(i) The Customer's name and address and all relevant
details of the Account;
(ii) A description of the irregularity or error or
discrepancy;
GCG/MK/TT/RCA T&Cs/11-08
(iii) A copy of the statement/transaction slip/other
record; and
(iv) Any other information requested by the Bank.
4.5.3 The Customer may also obtain balance information
relating to the Account or get a verbal or written history
of the Customer's transactions by calling the 24-hour
telephone banking service of the Bank, "CitiPhone" or
availing of the Facilities under Citibank Online Internet
Banking or using the Facilities of an automated teller
machine.
4.5.4 The use and storage of any information including
without limitation, the Account password (including ATM
PIN/H-PIN/I-PIN/T-PIN), Account information, transaction
activity, account balances and any other information
made available on any media whatsoever is the
Customer's sole responsibility and liability.
4.6 Reversal of Entries: The Bank reserves the right and
the Customer hereby authorizes the Bank to reverse any
entries erroneously passed, with or without notice
to/from the Customer; and to debit/credit the Account to
the extent required to correct any erroneous entries that
may have been inadvertently made by the Bank.
4.7 Notices: Any notice, communication or letter
addressed to the Customer and sent through post at the
address (which term will include the mailing/office/
residence/any alternate address) of the Customer as per
the Bank's records shall be considered as duly delivered
to the Customer at the time it would be delivered in the
ordinary course of post. Any communication from the
Customer to the Bank shall be effective upon actual
receipt of such communication by the Bank in a form and
manner satisfactory to the Bank.
The Customer shall notify the Bank, without delay of any
change in its name, address or other particulars, filed
with the Bank and shall completely indemnify the Bank
from all acts performed by the Bank under this Clause in
the event the Bank has not received such aforesaid
notification of change of name/address/other
particulars.
4.8 Stop Payment Orders: The Customer can request
the Bank to stop payment on cheques drawn on the
Account by notifying the Bank in writing on the Bank's
standard 'stop payment' order form or by such other
means as may be approved by the Bank from time to
time, including on CitiPhone or through Citibank Online
Internet Banking Facility. The Bank shall endeavour to
carry out such instructions on a best-effort basis.
In case the Account is a joint account or has joint
signatories, if any stop payment instructions or any other
no-debit instruction with regard to the Account are
received from any one of the joint account holders or
joint signatories, no amount shall be paid from the
Account except in accordance with account operating
rules as may be applicable or on the discharge of all the
joint holders or joint signatories, as the case may be.
4.9 Dormant Accounts: As per RBI regulations, the Bank
shall also be entitled to flag any account as "Dormant" if
the said account has remained inoperative for a
consecutive period of 2 (two) years. The Customer shall
be allowed to carry out transactions only through
Branches in these "Dormant" accounts. The Bank shall
not allow internet banking and ATM transactions on
"Dormant" accounts to such Customers.
4.10 Death of a Customer: In case of death of a
Customer, the Bank shall have the right to release the
money lying to the credit of the Account of the Customer
to the nominee appointed by the Customer and/or the
legal heirs of the Customer who shall hold the said
funds/items in Account etc. in the capacity of the trustee
of the survivor(s)/legal heirs of the deceased Customer.
The Bank may retain any and all funds in the Account
until it establishes the identity and credentials of the
successor(s) to its sole satisfaction, and the Bank
reserves the right to demand and inspect requisite
documentation in this regard, including a succession
certificate/probate of a will of the deceased Customer. In
case the Account is a joint account, the Customer agrees
that in the event of death, insolvency or withdrawal of
any one or more of the account holders, the survivor or
survivors of the deceased holder or the surviving holders
shall have full control of the monies then and thereafter
standing to the credit of the Account and shall be entitled
to withdraw the same and shall be fully liable for any
liabilities that may arise by reason of their being holders
of the Account, subject to the discretion/ satisfaction of
the Bank.
4.11 Assignment/Transfer: The Customer agrees that
the amounts deposited by the Customer in the Account
cannot in any way be assigned or charged to any third
party by way of security, without the prior written
consent of the Bank.
4.12 Right of Set-Off: The Bank may at any time and
without notice to the Customer combine and consolidate
all or any of the Customer's Accounts held with the Bank
and the Customer hereby authorizes the Bank to set off,
adjust or transfer any sum or sums standing to the credit
of any or more of such Accounts in or towards
satisfaction of any of the Customer liabilities to the Bank
on any account or in any other respect whether such
liability is actual or contingent, past/crystallized or future,
primary or collateral and several or joint.
4.13 Tax Deduction at Source: The maturity value of
deposits in Account is subject to tax deduction at source
(presently applicable to NRO accounts only) as per the
prevailing Income Tax Act, 1961 and rules framed
thereunder. Deposits are available on request at all
branches of the Bank in India. The Customer hereby
authorizes the Bank to make any and all deductions
prescribed by applicable law from time to time.
4.14 Additional Facilities: The Bank may, at the Bank's
sole discretion, make available to the Customer one or
more additional Facilities and / or services in relation to
the Account (including without limitation the Mobile Pay
Facility and the Bill Pay Facility) and the Customer agrees
that the persons specified by the Customer to avail of or
instruct for availing of the Facilities then being offered
shall also be entitled to avail all enhanced/additional
facilities, as may in future be made available by the Bank.
The Customer agrees and understands that such
additional Facilities and/or services may have specific
terms and conditions (such as the Mobile Pay Facility GCG/MK/TT/RCA T&Cs/11-08
Terms and Conditions and the Bill Pay Facility Terms and
Conditions), which would apply in the event the Customer
opts to avail of the said additional Facilities/services. The
Bank, shall, in its sole discretion, at any time, with notice
to the Customer but without assigning any reasons, be
entitled to withdraw, discontinue, cancel, suspend and/or
terminate any Facility or services related to it or suspend
use of any particular devices and shall not be liable to the
Customer for any loss or damage suffered by the
Customer resulting in any way from such withdrawal,
suspension or termination.
4.15 Closure of Account: The Bank may at any time, in its
sole discretion, without liability, close the Account after
giving atleast 7 days prior notice to the Customer but
without assigning any reasons. The Bank may at any time
at the Bank's sole discretion, without liability, refuse to
accept any deposit or limit the amount that may be
deposited, return all or part of the deposit and discharge
all liability.
The Customer may close the Account at any time it so
chooses by way of providing a written communication in
this regard to the Bank.
In the event of closure of an Account, the Bank will
refund all monies lying to the credit of the Account to the
Customer subject to payment of applicable standard
service/processing charges and/or any other
outstanding dues payable by the Customer to the Bank.
4.16 Verification of instructions: The Customer
acknowledges that the security and control procedures
provided by the Bank are designed to verify the source of
communications and not to detect errors in transmission
of content and that the Bank, or any intermediary, may
execute an instruction by reference to the account
number only. The Customer agrees that the Bank shall
have no duty to verify the correctness of any instruction
or the identity of the sender, and the Customer expressly
agrees to be bound by any instructions and
communications, whether or not authorized, sent in its
name and accepted by the Bank. The Customer assumes
full responsibility for the genuineness, correctness and
validity of all endorsements appearing on all cheques,
guarantees, orders, bills, deeds, negotiable instruments
and receipts or other documents deposited in his
Account.
4.17 Collection and disclosure of information: The
Customer hereby expressly consents and permits the
Bank to:
i. Collect, store, communicate and process information
relating to the Account by any means necessary for the
Bank to maintain appropriate transaction records;
disclose information to third parties about the Account
where it is deemed, at the sole discretion of the Bank, as
necessary;
ii. Comply with all law or government agency or court
orders or legal proceedings and/or when necessary to
resolve errors or questions the Customer or any other
party may have raised and/or in order to satisfy the
Bank's internal data processing requirements;
iii. Disclose at any time and for any purpose, any
information whatsoever relating to the Customer or the
Account or transactions or dealings with the Bank, to any
branches, subsidiaries, service providers, affiliates, group
companies, third parties whosoever (including
employers/adult family members of the Customer) so far
as is necessary to give effect to any instructions, or
associated or affiliated corporations of the Bank
wherever located or to any government or regulatory
agencies or authorities in India or elsewhere or any
agents or contractors or third parties which have entered
into an agreement to perform any service(s) for the
Bank's benefit, and any other person(s) whatsoever
(including employers/adult family members of the
Customer) or where the disclosure is required by law or
otherwise and to whom the Bank deems fit in its
exclusive discretion to make such disclosure.
iv. The Customer agrees to provide to the Bank such
information as the Bank is required to obtain from the
Customer by law or regulation or any other appropriate
information, which the Bank may reasonably request
from time to time;
v. Disclose and disseminate to the RBI or to a court of law
or any other competent authority or to any third person,
as the case may be the credit information of the
Customer in its possession, subject to applicable law and
guidelines issued by the RBI from time to time, with
notice to the Customer;
vi. Share Customer information with any existing or
future Credit Bureaus (including Credit Information
Bureau (India) Limited) as determined by the Bank from
time to time and as may be required under law. The
Customer acknowledges that the Bank is entitled to
share such information with notice to the Customer, and
such information may pertain to positive or negative
performance/default by the Customer.
4.18 Indemnity: In consideration of the Bank providing
the Facilities and any other facilities and maintaining the
Account, the Customer hereby agrees to indemnify and
save harmless and free at all times, against any and all
harm, injury, costs, losses, liabilities, damages, charges,
actions, legal proceedings, claims and expenses, including
without limitation any costs between attorney and client,
whether direct or indirect which the Bank may suffer or
sustain or incur at any time as a consequence of or
arising out of the services/Facilities provided to the
Customer by the Bank in good faith taking, or attempting
to take or refusing to take or omitting to take action on
any instructions of the Customer due to any government
order, law, levy, tax, embargo, moratorium, exchange
restriction, action of the Customer or any beneficiary or
any other third party whosoever or any other cause
beyond the Bank's control. Without prejudice to the
generality of the foregoing, the Customer shall indemnify
and save, keep harmless and indemnified the Bank
against any improper/fraudulent instructions purporting
to be received from the Customer.
The Customer hereby agrees that the Bank needs to
receive clear and written instructions from the Customer
to induce the Bank to effect fund transfer activities on
behalf of the Customer. The Customer agrees to
indemnify the Bank against any improper/fraudulent
fund transfer instruction purported to be received from GCG/MK/TT/RCA T&Cs/11-08
the Customer. The Bank shall not be obliged to accept
from the Customer any oral or facsimile or
non-specific/unclear instructions. In order to, however,
induce the Bank to act upon communications and
instructions transmitted by manual procedures
(Facsimile, Mail, Messenger, Telephone in case of
CitiPhone only), the Customer hereby irrevocably agree
that, other than an instance arising from the Bank's gross
negligence, bad faith or willful misconduct, as long as the
Bank acts in compliance with this authorization/
instructions, the Customer shall indemnify and hold the
Bank harmless from and against any and all responsibility
for, and any and all costs, claims, losses or liabilities of
any nature (direct or indirect) resulting from any act of
omission (or any delay) in response to instructions to the
Bank to transfer funds or purchase, sell or otherwise
dispose of commodities or securities, together with any
and all attendant costs and expenses including the
Bank(s) reasonable legal fees and expenses (collectively
referred to as 'losses').
I/We also acknowledge that the security and control
procedures provided by the Bank are designed to verify
the source of communication and not to detect errors in
transmission or content including discrepancies between
names and Account numbers and that the Bank or any
intermediary, may execute an instruction by reference to
Account number only, even if the name on the Account is
also provided. The Customer also agrees that as long as
the Bank acts in accordance with the manual
procedures/instructions, the Bank shall have no further
duty to verify the content of any instruction or
communication or the identity of the sender or
conformer thereof, if any, and I/we expressly agree to be
bound by any instructions and communications, whether
or not authorized, sent in my/our name, and accepted by
the Bank
STANDING INSTRUCTIONS
I/We hereby agree to indemnify the Bank and hold the
Bank harmless from and against all claims and demands
that the Bank may receive from the beneficiary for
non-execution or delay in execution of my/our above
Standing Instructions either on account of
non-availability of sufficient funds in my/our Account or
delays in the mail/courier service or for any other reason
whatsoever or for the Bank being unable to accept the
Standing Instructions for any reason and from all costs,
charges and expenses that the Bank may be put to incur
in that behalf. The Bank shall be in no way responsible for
non-execution or delay in execution of the Standing
Instructions either on account of non-availability of
sufficient funds in my/our Account or delays in the
mail/courier services or for any other reason whatsoever
or for the Bank being unable to accept the Standing
Instructions for any reason
4.19 Fees/Charges: The Bank may charge such
fee/service charges for usage of the Account, the
CitiCard and any or all of the Facilities provided by the
Bank, from time to time, to the Customer and the
Customer agrees that the said fees/charges will be
debited by the Bank from the Account. Details of the
current applicable fees/charges may be obtained from
the Bank, from time to time. The Customer
acknowledges its awareness that some ATM owners or
operators of shared networks may impose an additional
charge for each use of their ATMs/other devices, and any
such charge along with other applicable fees/charges will
be debited to the Account. Any government charges,
duties or taxes payable as a result of any use of any of
the Facilities shall, if imposed upon the Bank (either
directly or indirectly), be debited to the Account. The
Customer also authorizes the Bank to deduct from the
Account, any expenses the Bank may incur in collecting
money the Customer owes the Bank in connection with
any Facilities (including, without limitation, legal expenses
and fees). The charges/fees may be revised by the Bank,
at the Bank's absolute discretion from time to time by
giving prior notice to the Customer. The Bank may debit
the Account with the full amount of costs, charges, fees
and penalties payable for services rendered by the Bank
whether in respect of the Account or otherwise.
The Bank shall charge a monthly service fee if the
Customer does not maintain a certain monthly average
minimum balance. The same would be intimated to the
Customer from time to time. Apart from such monthly
service fee, the Customer will be charged separately for
specific services that may be availed of by the Customer
from the Bank, as detailed in the schedule of charges, as
communicated to the Customer from time to time. The
charges would be as may be decided by the Bank. These
charges may be revised by the Bank, at the sole
discretion of the Bank, from time to time. Subject to the
facility being available, if a Customer wishes to avail of
linking of various accounts held with the Bank, the
Customer may request the Bank to link the accounts and
Bank would, in its sole discretion and on such conditions
as it deems fit, link the accounts.
4.20 Interest: The Bank pay levy interest on savings
Accounts at the rates specified by the RBI. The Bank-may
inform the Customer of the said rates of interest and the
methods of calculation of the same on a periodic basis as
may be determined by the Bank.
4.21 Recording: The Bank, may, at the Bank's discretion,
video tape or record on camera the Customer's
access/presence/use of the Bank's premises /machines/
equipment or record on tape any oral/telephonic (by
using the CitiPhone facility) instructions or
communication with the Customer whether initiated by
the Bank or the Customer. All records maintained by the
Bank, in electronic or documentary form of transactions
pertaining to the Account (including usage of the
CitiCard) and such other details (including, but, not
limited to payments made or received), and all
camera/video and/or audio recordings made as
mentioned above, shall, as against the Customer, be
deemed to be conclusive evidence of such instructions
and other details.. The entries in the Bank's books
(including Citibank Online logging/SMS/Other Mobile
responses from the Customer's designated mobile
number/transaction records stored in tables or as web or
application logs) kept in the ordinary course of business
of the Bank with regard to all or any of the matters
contained herein shall be binding on the Customer.
GCG/MK/TT/RCA T&Cs/11-08
4.22 Force Majeure: The Bank shall not be liable for any
losses caused by its inability or delay in providing all or
any service or Facilities or fulfilling any of the Bank's
obligations hereunder, either wholly or in part, caused by
or in connection with any force majeure events including,
but not limited to, restrictions on convertibility,
transferability, requisitions, involuntary transfers, riot,
disturbance, strikes, lock-outs, bandhs, war, civil strife,
burglary, theft, dacoity, accident, technical fault including
problems related to computers, accessories, software,
printers, fax machines, internet, telephone system and
such related hardware or software faults beyond the
control of the Bank, breach of trust by any authorized
persons, flood, fire, earthquake, act of God, act of any
government, change in regulation or law and other allied
acts of regulatory or statutory nature or if the
performance of such obligation or provision of such
service would result in the breach of any law, regulation
or other requirement of any governmental or other
authority or on account of any other restriction or
requisition or other circumstances or events whatsoever
beyond the control of the Bank and the Bank shall not be
obliged to provide any service or Facilities or perform
any of its obligations hereunder during the period while
the Bank's performance is affected by force majeure
conditions. The Bank shall not be responsible for any loss
or damage caused to the Customer by reason of any
failure to comply with the Customer instructions, when
such failure is caused due to reasons beyond the control
of the Bank, the opinion of the Bank being final in this
regard.
4.23 Governing Law: The laws of India will govern these
Terms and Conditions and the same shall be subject to
the exclusive jurisdiction of the courts at the location at
which the relevant branch of the Bank, which maintains
the Account, is located.
4.24 Miscellaneous: The Customer unconditionally agrees that:
i. The Customer shall not hold the Bank liable on account
of the Bank acting in good faith on any instructions given
by the Customer or on account of delay or inability on
the part of the Bank to act immediately or at all on any of
the Customer's instructions.
ii. In following any instructions with regard to any of the
Facilities, the Bank will be doing so on a best-effort basis.
iii. The Bank may in its discretion and, from time to time,
charge for any or all of the Facilities, wholly or in part.
iv. In case the Account has joint signatories, the Bank
may act on instructions from either/any one of the
signatories, subject to there not being any conflict
between the signatories concerning such instructions
prior to the Bank acting on the same.
v. The Bank may rely on the authority of each Authorised
Signatory designated (in a form acceptable to the Bank)
by the Customer or on a Customer's mandate to send
Communications (as hereinafter defined) until the Bank
has received written notice or other notice acceptable to
it of any change from a duly authorized person and the
Bank has had a reasonable time to act (after which time
it may rely on the change).
vi. An Account in the name of a minor shall be converted
in to a normal individual Account upon the minor
attaining the age of majority and the right of the
guardian to operate the Account shall cease forthwith.
Provided the Bank receives a written notice for
conversion of the Account along with documentation as
may be required by the Bank.
vii. Accounts upon which an attachment order or other
legal notice from any authority or individual prohibiting
operation of the Account is received by the Bank will be
blocked and no further operation will be allowed until the
prohibition order is removed. The Bank shall endeavor to
inform the Customer about any such order or notice,
however the Bank shall not be bound to do so.
viii. The Bank may, at its sole discretion, decide not to
carry out any instructions where the Bank has reason to
believe (which decision of the Bank the Customer shall
not question or dispute) that the instructions are not
genuine or are otherwise improper or unclear or raise a
doubt. If the Bank receives any process, summons, order,
injunction, execution, distraint, levy, lien, information or
notice, which the Bank, in good faith, believes calls into
question the Customer's ability, or the ability of someone
purporting to be authorized by the Customer, to transact
any business, the Bank may, at the Bank's option and
without liability to the Customer and/or such other
person, decline to allow transactions or may take any
other steps required by applicable law.
ix. For the provision of any of the Facilities hereunder, the
Bank may, at its sole discretion without any prior
intimation to or approval of the Customer, appoint any
authorized person(s) and the Customer hereby
authorizes the Bank to appoint such authorized persons
as the Bank may, in its absolute discretion, deem
necessary. Such authorized person(s) shall act as agents
of the Customer and the Customer hereby indemnifies
the Bank for all acts done by such authorised persons
pursuant to the instructions of the Customer.
x. All information/Instructions/Triggers will be recorded
at/stored at/transmitted to various locations and be
accessed by personnel of the Bank (and its affiliates). The
Customer hereby authorizes the Bank to use the
information thus stored in any proceedings before any
forum and relay, transmit or provide such information to
any person whosoever in accordance with applicable law.
The Customer hereby authorises the Bank to, at its sole
discretion, tape or record such instructions and rely on
the transcripts of such telephonic instructions as
evidence in any proceedings;
xi. The Customer and the Bank may, with regard to
certain Facilities, agree to certain security procedures
(the "Procedures"), designed to verify the origin and
authenticity of communications such as enquiries,
advices and instructions sent by the Customer or any
person designated and authorized to do so on its behalf
(each a "Communication"). The Customer hereby
confirms that the Bank is not obliged to do anything
other than what is contained in the Procedures to
establish the authority or identity of the person sending a
Communication. The Bank is not responsible for errors or
omissions made by the Customer or the duplication of
any Communication by the Customer and may act on GCG/MK/TT/RCA T&Cs/11-08
any Communication by reference to the Account number
only. The Bank may act on a Communication if it
reasonably believes it to contain sufficient information.
xii. If the Customer informs the Bank that it wishes to
recall, cancel or amend a Communication, the Bank will
use reasonable efforts to comply. No liability shall attach
to the Bank as a result of its acting or failing to act in
accordance with such recall, cancellation or amendment.
xiii. Transactions initiated will be completed only if the
amount of funds available in the Account is sufficient to
meet the transaction amount in full, including any
applicable charges/fees, etc. The amount of each
completed transaction will be immediately deducted
from the Account. The Customer will not hold the Bank
liable in case of improper/fraudulent/unauthorized
/duplicate/ erroneous use of the confidential codes
and/or the materials supplied by the Bank to the
Customer. Nothing contained herein shall require the
Bank to violate any applicable laws, rules or regulations
relating to transfer of funds or other transactions.
xiv. The Customer hereby authorizes the Bank to
dispatch all advices, acknowledgements, statements
and/or reports pertaining to the issuance and status of
the Account by mail, fax, , email or any other means of
telecommunication to the last known address or fax
number or email address of the Customer on the records
of the Bank and the dispatch of such advice,
acknowledgements, Statements and/or reports to the
Customer to such address or such fax number shall be
deemed to be due discharge of the Bank's obligations
under this Agreement. The Bank shall not be responsible
for any liability or breach of any duty of secrecy or
confidentiality and the Customer waives all rights in
connection therewith, in the event that any such advises,
acknowledgements, Statements and/or reports are
received by any unauthorized person(s).
xv. If the Bank acts on any Communication sent by any
means requiring manual intervention (such as telephone,
telefax, electronic mail or disks sent by messenger) then,
if the Bank complies with the Procedures, the Customer
will be solely liable for any and all losses, costs, charges,
expenses or penalties that the Bank may incur in
connection with that Communication.
xvi. The Customer consents to the transmission of
communications through the Internet and/or mobile
phone transmission (including SMS/text messaging). The
Customer understands and acknowledges that the
Internet and/or mobile phone is not necessarily a secure
means of communications and delivery system, and
understands the confidentiality and other risks
associated with it. The Customer acknowledges and
accepts that transmission over the Internet and/or
mobile phone involves the risk of possible unauthorized
alteration of data and/or unauthorized usage. The
Customer hereby agrees and confirms that the
Customer shall not hold the Bank liable or responsible for
any such interception, alteration or misuse and agrees
that the same shall not be considered as a breach by the
Bank of banker-customer confidentiality. The Customer
agrees to hold the Bank free and harmless from all
losses, costs, damages, expenses that may be suffered
by the Customer, the Bank or any third party whosoever
due to any errors, delays or problems in transmission or
unauthorized/illegal interception, alteration,
manipulation of electronic data or otherwise caused by
using the internet and/or mobile phone as a means of
transmission.
xvii. The Bank shall not accept any cheques,
dividend-warrants and other instruments in the name of
payees, other than the Customer and the other joint
account holders for collection.
xviii. The Customer expressly recognizes and accepts
that the Bank shall, without prejudice to its right to
perform such activities itself or through its officers or
employees, be entitled and have full power and authority
to appoint any such third parties as the Bank may select
and to delegate to such third party such functions of the
Bank as may be permissible. The Customer further
authorises the Bank to disclose/exchange information
relating to the Customer or the products availed by the
Customer as may be necessary for the purposes of such
third party to perform and execute all lawful acts, deeds,
matters and things connected therewith and incidental
thereto.
xix. In the event, the Customer does not want to receive
any marketing/solicitation calls from the Bank, the
Customer can register themselves in the Bank's Do Not
Call Registry (DNCR), by calling the 24 hour CitiPhone
banking facility or through the Bank's web site.
The Customer hereby understands:
a) Only numbers registered on this site shall not be
considered for telemarketing offers for products offered
by the Bank in India. The Bank shall not be liable or
responsible for any calls made on a number not
registered on this site.
b) Any subsequent change in the telephone numbers
would need re-registration on this site.
c) Registration on this site shall not limit calls from the
Bank on account of Account/Card maintenances, Alerts
on transactions, Recovery calls etc.
d) It will take 30 working days for any registration in this
site to take effect.
Not withstanding any registration on a Do Not Disturb
Registry, the Customer hereby understands and agrees
that the Bank and all such third parties as duly authorised
by the Bank shall be authorised to contact/get in touch
with the Customer for purposes of administering or
servicing (other than marketing/sale) of any of the
Bank's products/services availed of by the Customer.
V. DEPOSITS
5.1 The Customer is required to specifically apply for
deposit related products in accordance with specific
terms and conditions as mentioned in the Deposit
Application form applicable to the same from time to
time and subject to directives laid down by the RBI from
time to time and all other applicable laws.
5.2 Interest: The Bank will give interest on all deposits
maintained by a Customer with the Bank at the rates
specified by the RBI. The Bank will inform the Customer
of the said rates of interest on a periodic basis as
GCG/MK/TT/RCA T&Cs/11-08
determined by the Bank. The Customer understands and
acknowledges that in the event of any premature
withdrawal of the deposit by him, the Bank has the right
to levy a penal interest on the Customer at a rate that will
be specified by the Bank on a case-to-case basis.
5.3 Renewal: In the absence of any special instructions,
the deposit will be renewed on maturity for a like term at
the then applicable interest rates.
VI. CITIPHONE BANKING
6.1 The Customer confirms that, at the Customer's
request, the Bank has agreed to additionally provide the
Customer with the facility of carrying out banking
transactions by giving telephonic instructions which may
be accepted either manually or by an automated system
("CitiPhone Banking Facility") apart from any written
Standing Instructions given by the Customer. The
Customer further understands and accepts that these
Terms and Conditions are in addition to any and all such
specific terms and conditions as may be applicable to the
CitiPhone Banking Facility (including applicable payment
methods/charges). The Customer understands and
agrees that the availment of such Facility will be deemed
acceptance of the said terms and conditions and the
Customer agrees to be unconditionally bound by the
same.
6.2 The Customer is aware that in connection with the
CitiPhone Banking Facility, the Bank shall allocate to the
Customer, or the Authorized Representative of the
Customer (under the Account Representative 'AREP'
Facility of the Bank), as the case may be, a confidential
personal identification number which may thereafter be
changed, if so desired by the Customer/Authorized
Representative ("T-PIN"). The Customer understands
and confirms that the T-PIN is confidential and the
Customer is solely liable to ensure that it is not disclosed
or misused. The Customer is required to provide to the
Bank over the telephone the Account details and T-PIN
prior to carrying out any transactions on the Account
that may be permitted under the CitiPhone Banking
Facility. In the event the Customer is not able to avail of
the CitiPhone Facility using the T-PIN, the Bank may
allow usage of the said Facility on a case-to-case basis by
way of a '4Y' level reference check. The Customer
understands and acknowledges that the Customer shall
not be required to divulge, either orally or in writing, the
Customer's T-PIN and would only be required to key the
same in while accessing the CitiPhone Banking Facility.
6.3 The Customer may link any and all of the Customer's
accounts held with the Bank to the CitiPhone Banking
Facility.
6.4 The Customer understands and accepts that the
telephonic instructions given through the CitiPhone
Banking Facility may also include instructions to change
the Customer's demographic details such as residence
and/or mailing address, residence and or office
telephone number, mobile phone number, e-mail address
or any other personal details of the Customer as decided
by the Bank from time to time. The Customer agrees and
undertakes to indemnify and hold the Bank harmless,
from and against any claims, losses, assessments,
judgments, costs and damages incurred on account of
the Bank acting on such instructions.
Account Representative of the Customer
6.5 Any Customer, who is not an individual, may
nominate persons, who may or may not be Authorised
Signatory(ies) of the Account (the 'Account
Representative(s)'). Each Mandatee may be given a
CitiCard with a unique 16-digit number in addition to a
T-PIN to access the Account through the CitiPhone
Banking Facility and/or an H-PIN to access the Account
through the Internet Banking Facility. The Customer
understands that each Account Representative would be
required to utilise the Recognition Card provided in
conjunction with the corresponding T-PIN/H-PIN/I-PIN to
perform any transactions on the Account. The limit for
transactions which each Account Representative may
undertake, will be in accordance with the specific form
for that purpose executed by the Customer for this
particular Facility. The Customer understands and
acknowledges that the Account Representative will not
be able to access the branches of the Bank or perform
transactions through any channel other than the
CitiPhone Banking Facility and/or the Citibank Online
Internet Banking Facility. The Customer is aware that any
of the Account Representatives may initiate a
transaction over the telephone and/or the Internet in
accordance with the authorisation for the same provided
to the Bank through written instructions. The Customer
hereby confirms that the Account Representative is fully
conversant with the procedures, as explained to the
Customer, which are required to be complied with and
further confirms that the Customer and each Account
Representative shall comply with the same.
6.6 On receipt of instructions from the Account
Representative/Authorised Signatory, the Bank shall
have no responsibility except to verify the Recognition
Card and match the same with the individual
T-PIN/H-PIN/I-PIN respectively. In the event of any
mismatch or unclear instructions, the Bank shall not be
obliged to act upon the instructions nor inform the
Customer or the Account Representative/Authorised
Signatory of the same.
6.7 The Customer understands that the Bank shall only
take on record any change/removal or suspension of any
Account Representative/Authorised Signatory, upon
receipt of written instructions from the Customer in such
form as is acceptable to the Bank and shall provide to the
Bank such other documents as may be required by the
Bank for the purposes of recording such change. The
Customer is aware that such change would be effective
four (4) banking business days after receipt of such
written instructions by the Bank, subject to holidays and
normal banking working hours norms.
6.8 The Customer understands that the CitiCard number,
T-PINs, I-PINs and H-PINs are confidential and that each
person to whom such PIN has been assigned shall at all
times keep the same confidential and the Customer shall
be solely responsible and liable for any and all losses that
may be suffered/incurred by the Customer as a
consequence of the PIN being misused.
GCG/MK/TT/RCA T&Cs/11-08
VII. INTERNET BANKING AND E-COMMERCE
Internet Banking
7.1 The Customer accepts that, at the request of the
Customer, the Bank may, at its sole discretion, agree to
provide the Citibank Online Internet Banking Facility
through the Web-site and/or as per written standing
instructions given / to be given to the Bank by the
Customer. The Customer further understands and
accepts that these Terms and Conditions are in addition
to any and all such specific terms and conditions as may
be applicable to the Citibank Online Internet Banking
Facility (including applicable payment methods/charges).
The Customer understands and agrees that the
availment of such Facility will be deemed acceptance of
the said terms and conditions and the Customer agrees
to be unconditionally bound by the same.
7.2 The Citibank Online Internet Banking Facility may
cover and be applicable to all the Accounts now existing
or which may hereafter be opened by the Customer with
the Bank.
7.3 The Customer acknowledges and confirms that:
a) The Customer understands that passwords assigned
to the Customer or as subsequently changed by the
Customer/Authorized Signatory of the Customer
alongwith the CitiCard number or the Account number
would be required to be used by the Customer to
transmit/give instructions and access the Citibank Online
Internet Banking Facility. The Customer is aware of the
confidential nature of the HPIN/IPIN/QPIN and confirms
that neither the Customer nor any Authorized
Signatory/Account Representative of the Customer shall
disclose the HPIN/IPIN/QPIN to any person. The
Customer will promptly inform the Bank in case any
HPIN/IPIN/QPIN becomes known to any unauthorized
person. The Customer hereby instructs the Bank to
comply with any/all instructions given through the use of
the Citibank Online Internet Banking Facility in
conjunction with the correct HPIN/IPI/QPIN. The Bank
shall be entitled to assume that any instruction given to
the Bank in accordance with the above are
given/authorized by the Customer and agrees that the
Bank will not be liable for any fraudulent, duplicate or
erroneous instructions given to the Bank by usage of the
HPIN/IPIN/QPIN of the Customer.
b) The Bank shall not be required to verify or judge the
correctness of any instructions received by it, so long as
it satisfies itself of the correctness of the HPIN/IPIN/QPIN
used to transact on the Internet. The Customer
acknowledges that any instruction received by the Bank
shall be irrevocable. Should any instruction issued by the
Customer, be capable of being executed by the Bank in
more ways than one, the Bank may execute the said
instruction in any one of the said ways at the Bank's sole
discretion.
c) The Customer shall not be discharged by transmission
over the Internet of any notice, instruction or request
which, as per the terms hereof or any other specific
terms and conditions, require the Customer to send the
same in writing. The Customer acknowledges and
confirms that all records of instructions received from
the Customer maintained by the Bank, in electronic or
documentary form (including without limitation logs of
Citibank Online Internet Banking Facility transactions and
SMS/Mobile transactions), and such other details
(including but not limited to payments made or received)
shall, as against the Customer, be deemed to be
conclusive.
d) The Customer shall not interfere with, alter, amend,
tamper with or misuse in any manner whatsoever (the
opinion of the Bank being conclusive in this respect), the
Citibank Online Internet Banking Facility.
e) In the event of any alleged fraudulent use of the
Account through the internet, the Customer agrees that
the Customer shall be solely and exclusively responsible
for all loss caused thereby and shall not hold the Bank
liable for any loss caused thereby.
E-Commerce
7.4 The Bank would, from time to time, be identifying
web-sites where the Customer could use Facility of
making acquisitions/purchases of products and/or
services ("Products") and making payments for the same
through the Account by giving instructions for such
payment through the Internet/mobile phone channel.
The Customer understands and accepts that these
Terms and Conditions are in addition to any and all such
specific terms and conditions as may be applicable to the
Bank's E-commerce Facility (including applicable
payment methods/charges). The Customer understands
and agrees that the availment of such Facility will be
deemed acceptance of the said terms and conditions and
the Customer agrees to be unconditionally bound by the
same.
7.5 The Customer agrees and confirms that the
web-sites on which the Customer places any orders and
in respect of which the Customer requests payments
would be solely and exclusively those that are associated
with and utilize the Internet payment gateway of the
Bank. The Customer agrees that the Customer shall
provide payment instructions solely and exclusively on
the payment gateway provided by the Bank or such
other web-sites as may be designated by the Bank from
time to time or via a mobile phone channel. It shall be the
responsibility of the Customer to ensure that the
certificate of the web-site where the Customer inputs
any data is valid and, further, that such certificate is a
certificate in the name of the Bank. The Customer
understands and acknowledges that the Bank shall not
be responsible for any errors caused in respect thereof.
7.6 The Customer agrees and confirms that the
Customer shall ensure that all the details of any orders
placed are stored accurately by the Customer, including
without limitation the order number, price payable etc.
7.7 The Customer understands and acknowledges that
all orders placed by the Customer on such web-sites are
orders between the Customer and the merchant
supplying the Products. The Bank shall not, at any time,
be deemed to be a supplier of the Products or a party to
such contract. The Customer understands that the Bank
is only providing the Customer a Facility (without
obligation) of affecting purchases, the costs/charges of
GCG/MK/TT/RCA T&Cs/11-08
which may be debited from the Account and that the
Bank is, in no manner associated with or part of the
actual transaction of the sale of the Products. The
Customer hereby specifically agrees and acknowledges
that the Customer shall be solely responsible to make all
such independent inquiries as the Customer deems fit in
respect of the Products offered by the merchants on the
web-sites and that the Customer is not placing the order
on the web-sites based on any representation or
statement of the Bank and that such order shall be
placed at the Customer's own volition and shall not in any
manner hold the Bank responsible for any deficiency,
defect or incomplete Products or for any delay in delivery
or non-delivery of the same. The Customer further
confirms that the Bank shall not be held responsible for
the delivery, suitability, quality or merchantability of the
Products.
7.8 The Customer understands and acknowledges that
the Bank may, without assigning any reason whatsoever,
refuse to transfer funds to the merchants/companies.
The Customer also confirms and agrees that the
Customer shall not hold the Bank responsible or liable for
any failure to process payment instructions by reason of
the services being temporarily unavailable or there being
an overload on the server or for any other technical or
other reason, whatsoever.
7.9 The sole and exclusive recourse for any deficiency in
the Products and any and all matters incidental thereto
shall be against the merchant only and the Customer
confirms that in the event of any dispute with the
merchant, the Customer shall not implead the Bank as a
party. The Customer understands and acknowledges that
the Bank shall not entertain any communications in this
regard from the Customer and/or the merchant.
7.10 The Customer shall ensure that the Customer does
not, in any manner, release any confidential data to the
merchants and suppliers during access to the various
web-sites of the merchants and the Customer shall
indemnify the Bank from any loss that may be caused to
the Bank by any breach of this covenant.
7.11 If required by the Bank, the Customer shall
communicate the payment instructions and provide to
the Bank such details as the Bank may require in respect
of the payments to be made including, without limitation,
details in respect of the site on which the purchase order
was placed and the relevant customer order number.
The Customer shall indemnify the Bank from any loss
caused from any inaccuracies in this regard.
7.12 The Customer hereby agrees that the Bank may
place limits, as it deems fit from time to time, on the
number of transactions that the Customer may enter
into in a particular period or the aggregate payments
that the Customer may make on transactions during a
particular period or any other restrictions as the Bank
may, in its sole discretion, place on the Account. The
Customer hereby agrees to abide by and be bound by all
such limits that may be placed by the Bank from time to
time.
VIII. CitiAlert Facility
8.1 For the purposes of the CitiAlert Facility, the following
terms shall have the following meanings:
"Alerts" means the customized messages in response to
the Triggers sent as short messaging service messages
('SMS') to the Customer over his mobile phone and/or
through email, or in such other mode as offered by the
Bank from time to time and opted for by the Customer;
"CitiAlert Facility" shall mean the facility under which the
Bank will enable the Customer to receive customized
Alert messages with respect to events/transactions
relating to the Account based on the Triggers set for the
purpose by the Customer or otherwise and in
accordance with the terms herein.
"Mobile Phone(s)" shall mean mobile phone(s) owned/in
the control of the Customer which support(s) SMS,
offered by any cellular service provider/other service
provider and having distinctive phone number(s) that
have been provided to the Bank by the Customer for the
purposes of provision of the CitiAlert Facility.
"Triggers" shall mean events/transactions at specified/
unspecified time frequencies with respect to the Account
in conjunction with instructions of the Customer from
among the events/transactions as more particularly
described in the "CitiAlert Application Form".
8.2 The CitiAlert Facility is made available to the
Customer at the request of the Customer, at the sole
discretion of the Bank and may be discontinued by the
Bank at any time, without prior notice. .
8.3 The CitiAlert Facility will be available only in relation
to accounts held in sole name or in case of
"either/survivor" instructions, only to the primary or first
named signatory. This is without prejudice to the Bank's
right to offer the CitiAlert Facility on its own initiative to
such Customers as the Bank deems fit. The Customer
understands and accepts that these Terms and
Conditions are in addition to any and all such specific
terms and conditions as may be applicable to the
CitiAlert Facility (including applicable payment
methods/charges). The Customer understands and
agrees that the availment of the CitiAlert Facility will be
deemed acceptance of the said terms and conditions and
the Customer agrees to be unconditionally bound by the
same. Further, the Customer understands and accepts
that Registration for the CitiAlert Facility shall be treated
as registration for Citibank Online and Mobile Pay, as and
when the same are operational.
8.4 The Customer understands that to avail of the
CitiAlert Facility, the Customer would be required to
provide to the Bank the Triggers through written
instructions in a pre-designated format or by setting the
same through the Citibank Online Internet Banking
Facility or by registering for the same through the
CitiPhone Banking Facility or by such other modes as the
Bank may allow hereafter from time to time. The specific
terms and conditions relating to Citibank Online Internet
Banking, Mobile Banking and CitiPhone Banking would
apply to the CitiAlert Facility in addition to the terms
herein.
8.5 The Customer understands that the Alerts pursuant
to the CitiAlert Facility would be dispatched through the
SMS to the Mobile Phone and/or would be dispatched to
GCG/MK/TT/RCA T&Cs/11-08
the Customer in the form of an email to the email
address provided for the same by the Customer or by
such other mode as chosen by the Customer from the
modes made available by the Bank from time to time.
The Customer hereby authorizes the Bank to, from time
to time, send additional Alerts that are relevant to the
Account/ products/operations of the Bank and/or its
related entities/group companies/affiliates, though not
specifically requested for by the Customer, if the Bank
deems that the same is relevant. The Customer
acknowledges that CitiAlert will be implemented in a
phased manner and the Bank may at a later stage, as and
when feasible, send Alerts over email to expand the
available Triggers or Alerts to meet Customer
requirements.
8.6 The Bank may, from time to time, change the
features of any Trigger or Alert. The Customer will be
responsible for keeping himself updated of the available
Triggers or Alerts, which will be notified by the Bank over
its Website. The Customer may, from time to time,
change or add to the Triggers selected by him, without
the necessity of a fresh registration.
8.7 The Customer confirms that, unless otherwise
expressly informed to the Bank by the Customer, any
communication (whether by SMS or e-mail or otherwise,
as aforementioned) shall be with the knowledge of and
within the control of the Customer. The Customer hereby
also undertakes to inform the Bank immediately upon
any of; i) change in the Mobile Phone number or email
address of the Customer or of any other person
nominated by the Customer for the purposes of the
CitiAlert Facility, ii) loss of the Mobile Phone or
unauthorized access to the e-mail messages of the
Customer or of any other person nominated by the
Customer for the purposes of the CitiAlert Facility, iii) the
Mobile Phone being outside the control of the Customer
or of any other person nominated by the Customer for
the purposes of the CitiAlert Facility and/or any other
change, circumstances or event that may affect the
provision of the CitiAlert Facility to the Customer.
Until the Bank has received information as above, in
writing from the Customer, and the Bank has intimated in
writing to the Customer as having taken the same on
record, the Customer shall, in all circumstances, be fully
responsible, and accepts full responsibility and
knowledge of any and all Alerts sent to the Customer,
and hereby authorizes the Bank to send such Alerts in
accordance with the Triggers set by the Customer. The
Customer accepts that the Bank is not at all, in any
circumstances obliged to, and accordingly will not, verify,
under any circumstances whatsoever, whether the Alerts
are being received by the Customer or not. The Bank will
not be liable for any misuse, interception, tampering with,
and/or unauthorized access to the Alerts sent. The
Customer acknowledges that th Bank may, from time to
time, send the Customer information or promotional
material that may be useful to the Customer over a
mobile phone or through email.
8.8 The CitiAlert Facility may be made available in
certain specific regions and to subscribers of Mobile
Phones of certain specific cellular service providers and
the same are liable to change, additions, modifications,
suspension, removal and/or withdrawals from time to
time at the sole discretion of the Bank. The Customer
understands that unless he is a subscriber of such
specific cellular service providers and is within the
geographical limit for receiving SMS with the Mobile
Phone switched on. Further, the Bank does not warrant
that Alerts will not be delayed, including for reasons
beyond its control. As the CitiAlert Facility would depend
on various electronic technology used from time to time,
there could be delays and snags in receipt/ transmission
of any Alerts including errors, loss or distortion in
transmission from the Bank. The Bank may, if feasible,
extend the CitiAlert Facility to other cellular circles as
well as to subscribers of other cellular service providers,
as will be notified by the Bank, from time to time.
8.9 For the provision of the CitiAlert Facility, the Bank
may, at its sole discretion, without any prior intimation to
or approval of the Customer, appoint any authorized
person(s) and the Customer hereby authorizes the Bank
to appoint such authorized persons as the Bank may, in
its absolute discretion, deem necessary. Such authorized
person(s) shall act as agents of the Customer and the
Customer hereby indemnifies the Bank for all acts done
by such authorised persons pursuant to the instructions
of the Customer.
8.10 All Triggers will be recorded at/stored
at/transmitted to various locations and be accessed by
personnel of the Bank (and its affiliates). The Customer
hereby authorizes the Bank to use the information thus
stored in any proceedings before any forum and relay,
transmit or provide such information to any person
whosoever in accordance with applicable law.
8.11 The Customer shall be solely responsible for setting
the Triggers whether the same is done in writing, by
using the Internet banking portal of the Bank or by any
other means that the Bank may, in its sole discretion
make available to the Customer from time to time.
8.12 The Customer understands and confirms that the
Bank will not acknowledge receipt of any Triggers nor
shall the Bank be responsible to verify the origin or the
content of any Triggers. The Bank will endeavour to give
effect to the Triggers on a best effort basis and as soon
as practically possible for the Bank.
8.13 The Bank may, in its sole discretion, not give effect
to any Triggers if the Bank has reason to believe (which
decision of the Bank shall be binding on the Customer)
that the Triggers are not genuine or otherwise improper
or unclear or raise a doubt or in case any Triggers cannot
be put into effect for any reasons whatsoever.
8.14 Triggers will be processed by the Bank after receipt
and the Bank, at its discretion, will decide the processing
time. The Customer acknowledges that there will be a
certain time lag taken by the Bank to process the
Triggers and send the Alerts.
8.15 The Customer hereby authorizes the Bank to send
any and all Account related and operational/other
information through the CitiAlert Facility channels,
though not specifically requested, if the Bank deems that
the same is relevant.
GCG/MK/TT/RCA T&Cs/11-08
8.16 The fees/charges for the CitiAlert Facility are as
determined by the Bank. However, the Bank may, at its
sole discretion, waive the fees/ charges for a limited
duration. The Bank may at its sole discretion revise the
charges/fees for use of any or all of the CitiAlert Facility,
by notice to the Customer. The Customer may at any
time discontinue or unsubscribe to the said Facility. The
Customer shall be liable for payment of such airtime or
other charges which may be levied by the cellular service
provider in connection with the receiving of the Alerts, as
per the terms and conditions of the cellular service
provider.
8.17 The Bank will not be concerned with, or made party
to, any dispute between the Customer and the cellular
service provider/other service provider and makes no
representation or gives no warranty with respect to the
quality of the service provided by the cellular service
provider/other service provider nor guarantee the timely
delivery or accuracy of the contents of each Alert.
8.18 The Bank may, in its discretion, withdraw
temporarily or terminate the CitiAlert Facility, either
wholly or in part, at any time. The Bank may, without
prior notice, suspend the CitiAlert 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
CitiAlert Facility. If Alerts cannot be delivered to the
Customer on ten (10) consecutive occasions, the Facility
will be temporarily suspended, until reactivated by the
Customer.
8.19 The Customer shall not interfere with or misuse in
any manner whatsoever the CitiAlert Facility and in the
event of any damage due to improper or fraudulent use
by the Customer, the Customer shall be liable in damages
to the Bank. In consideration of the Bank providing the
Facility, the Customer agree to indemnify and keep safe,
harmless and indemnified the Bank from and against all
actions, claims, demands, proceedings, loss, damages,
costs, charges and expenses whatsoever which the Bank
may at any time incur, sustain, suffer or be put to as a
consequence of or arising out in good faith acting on
omitting or refusing to act on any instructions given by
use of the CitiAlert Facility. The Customer shall indemnify
the Bank for unauthorised access by any other person to
any information/instructions/ triggers given by the
Customer or breach of confidentiality.
IX. MANUALLY INITIATED FUNDS TRANSFER
("MIFT")
9.1 This MIFT Facility is provided by the Bank, at its sole
discretion, to facilitate urgent payment instructions over
the telephone on the condition that the same are
followed up by instructions in writing from the Customer.
The following instructions can be given by the Customer:
i. Issuance of pay orders, drafts, account to account
transfer instructions;
ii. Issuance of cheque books; deposit slip books;
iii. Booking/termination of deposits;
iv. Setting up Standing Instructions;
v. Giving Stop Payment instructions;
vi. Giving instructions and requests for trade
transactions.
9.2 This MIFT Facility shall be utilized for statutory
payments like customs, duty, excise duty, sales tax,
railway freight, etc. favouring the Central or State
Government, Reserve Bank of India or any statutory or
government department/corporation/undertaking/
organization or any statutory authority or body, transfer
of funds of the Customer to another account of the
Customer maintained with the Bank and, at the
discretion of the Bank, for making payment to or other
transactions with other persons as the Customer may
instruct. The Bank may, in its absolute discretion,
determine which of these transactions it can carry out
and for which ones it shall need written instructions at
the first instance to act upon.
9.3 All telephonic instructions shall be followed by
written instructions to the Bank in the format as supplied
by the Bank from time to time on the same business day.
The terms and conditions relating to the CitiPhone
Banking Facility shall apply to this Facility.
9.4 The responsibility of the Bank shall be limited to the
verification of the TPIN of the Customer The Customer
shall be unconditionally bound by the telephone
instructions and in the event of any discrepancy between
the telephone instructions and the written instructions,
the telephone instructions shall prevail. The Bank will not
be responsible for errors in the telephone instructions or
other causes beyond the Bank's control. The Bank shall
only act on complete, unambiguous and clear
instructions and will not be responsible for intimating the
Customer in case of errors. The Bank may, in its absolute
discretion, decide not to act upon any telephone
instructions if it, in good faith, has a doubt as to the
validity or authenticity of the same and may notify the
Customer in this behalf.
9.5 The Customer undertakes to deliver to the Bank on
the same day as the telephone instructions are given, the
original written instructions, which, to avoid duplication,
shall be clearly marked "ORIGINAL OF TELEPHONE MIFT
INSTRUCTIONS", and the Bank shall not be responsible
for any loss that may be caused to the Customer or any
other person on account of the failure to deliver the
original written instructions or failure to mark the same
as aforesaid.
9.6 The Bank shall not be responsible/liable for acting on
any telephonic instructions transmitted to the Bank in
the absence of the original written instructions and the
Customer shall be bound by such instructions even if the
written instructions are not received by the Bank due to
failure of the Customer to deliver the same or on account
of loss in the course of transit. The Customer shall ensure
that written instructions reach the Bank in all
circumstances failing which the Bank shall have the right
to withdraw this MIFT Facility and shall not be liable or
responsible for any loss that may be caused to the
Customer or any other person on account of the failure
to deliver the original written instructions.
9.7 All MIFT instructions by facsimile transmission,
received by the Bank from the Customer, will be acted
upon by the Bank, only after the Bank in a recorded
telephone call with any one of the Company's/
Customer's authorized signatories registered with the GCG/MK/TT/RCA T&Cs/11-08
Bank (notwithstanding any restrictions or limitations on
the signing rights of such authorized signatories)
receives confirmation for the MIFT instruction by
facsimile transmission.
9.8 The Customer hereby accepts and agrees to, on
behalf of itself and its authorized signatories, the
recording by the Bank of the confirming telephone calls
and the transmission and usage of the same by the Bank
in any proceedings or for any other purposes. The
Customer hereby agrees that for all MIFT instructions by
facsimile transmission, the Customer shall exclusively
use the format prescribed by the Bank from time to time,
and comply with instructions from the Bank.
9.9 The Customer shall be unconditionally bound by the
facsimile instructions and in the event of any discrepancy
between the facsimile instructions and the written
instructions, the facsimile instructions shall prevail. In the
event of any discrepancy between the MIFT instructions,
as transmitted by facsimile, and the original of the MIFT
instructions, the MIFT instructions transmitted by
facsimile and the particulars and transactions as
contained therein, shall be deemed to be the primary
document evidencing the Customer's MIFT instructions,
and shall prevail.
9.10 The Customer shall not hold the Bank responsible or
liable for any loss incurred by the Customer pursuant to
the Bank not being able to act on the basis of a MIFT
instruction transmitted by facsimile for any reason
whatsoever, including in the event that the facsimile
transmission or any part thereof, is not legible, is garbled,
erroneous, self-contradictory, incomplete or unclear or
that an instruction is received at or beyond the close of
banking business hours or not on a banking business day.
The Bank will not be responsible for errors in the
telephone/facsimile instructions or partially garbled or
illegible or incomplete facsimile transmission or other
causes beyond the Bank's control.
9.11 The Bank shall only act on complete, unambiguous
and clear instructions and will not be responsible for
intimating the Customer in case of errors, garbled,
illegible or incomplete transmissions. The Bank may, in its
absolute discretion, decide not to act upon any
telephone/facsimile instructions if it, in good faith, has a
doubt as to the validity or authenticity of the same and
may notify the Customer in this behalf.
9.12 The Customer accepts full responsibility for requisite
safety and security procedures in the transcribing, issue
and transmission of MIFT instructions by facsimile to the
Bank. The Customer undertakes to develop and maintain
requisite internal security procedures, to prevent
unauthorized MIFT instructions reaching the Bank, and
also agrees to immediately notify the Bank, to not act
upon any MIFT instructions received by facsimile
transmission if the Customer believes that any breach or
suspected breach or compromise of the security
procedures established by it has occurred. The Customer
also accepts and agrees that the Bank shall not be liable
or responsible for having initiated transactions on the
basis of MIFT instructions received by facsimile
transmission prior to receipt of notice from the Customer
to not act upon MIFT instructions received by facsimile
transmission, whether such notice be on account of any
breach or suspected compromise as aforesaid or for any
other reason whatsoever.
9.13 The format used for provision of the MIFT
instructions by the Customer would be as supplied by the
Bank from time to time.
9.14 The Customer undertakes to deliver to the Bank on
the same day as the facsimile instructions are given, the
original written instructions, which, to avoid duplication,
shall be clearly marked "ORIGINAL OF FAXED MIFT
INSTRUCTIONS", and the Bank shall not be responsible
for any loss that may be caused to the Customer or any
other person on account of the failure to deliver the
original written instructions or failure to mark the same
as aforesaid.
9.15 The Bank shall not be liable for any loss or damage
caused to the Customer, whether due to subsequent
revocation by the Customer of any MIFT instructions or
otherwise, provided that the Bank has taken reasonable
care to adhere to the processes of verification of
signatures and confirmation by recorded telephone calls.
X FEMA DECLARATION
The Customer hereby declares that any transaction
involving foreign exchange hereunder will not involve,
and will not be designed for the purpose of any
contravention or evasion of the provisions of the Foreign
Exchange Management Act, 1999 or any rule, regulation,
notification, direction or order made thereunder.
The Customer also hereby agrees and undertakes to give
such information/documents as will satisfy the Bank with
regard to any foreign exchange transaction in terms of
the above declaration.
The Customer also understands that if the Customer
refuses to comply with any such requirement or makes
any unsatisfactory compliance therewith, the Bank shall
refuse in writing to undertake any transaction on the
Account and shall, if it has reason to believe that any
contravention is contemplated by the Customer, report
the matter to Reserve Bank of India and/or such other
authority as the Bank deems fit.
XI CITICARD
The Customer has applied for the issue of a debit card(s)
linked to the Account ("CitiCard(s)"), and the terms and
conditions appearing in this section apply to all
transactions involving use of the CitiCard. Terms and
Conditions with regard to the Account, not repugnant to
these terms and conditions, shall continue to apply and
shall not be, in any way, over-ridden, annulled, amended,
modified or substituted by the terms and conditions. The
Customer understands and agrees that the availment
and use of the CitiCard Facility will be deemed
acceptance of relevant and applicable terms and
conditions and the Customer agrees to be
unconditionally bound by the same.
11.1 Definitions
Capitalised terms used herein but not defined hereunder
shall have the same meanings as assigned to them under
the Terms and Conditions generally applicable to the
Account. In these terms and conditions:
"Account Transactions" shall mean any or all of the GCG/MK/TT/RCA T&Cs/11-08
following transactions on the Account performed by
using the CitiCard:
a) withdrawal of cash from an ATM;
b) obtaining Account information from an ATM;
c) changing of the ATM Code using an ATM;
d) deposit of cash/cheques or other financial instruments
through a Depository; and
e) transactions at Merchant Establishments subject to
available funds in the Account using EDC(s).
"CASST" or "Touch Access Banking Terminals" means
Customer Activated Sales and Services Terminals
(commonly called KIOSK), whether in India or overseas,
whether of the Bank or of a shared network, at which,
amongst other things, the Customer can use the CitiCard
to access the Account.
"Depository" means any machine/device whether in
India or overseas, whether of the Bank or of a shared
network, at which, amongst other things, the Customer
can deposit funds to be credited to the Account.
"Device(s)" shall mean any and all of the following
devices:
a) ATM;
b) CASST;
c) Depository;
d) EDC;
e) POS; and
Any other devices (whether of the Bank or shared
networks of other banks and institutions) as are
subsequently intimated to the Customer as being able to
support Account Transactions.
"EDC" means any electronic data capture terminal,
whether of the Bank or a shared network, at which,
amongst other things, the Customer can use the CitiCard
to access funds in the Account.
"Merchant Establishment" shall mean establishments
which honour debit cards issued by the Bank and may
include among others, stores, shops, restaurants, hotels,
airline organizations and mail order advertisers (whether
retailers, distributors or manufacturers).
"POS" means Point of Sale terminals whether in India or
overseas, whether of the Bank or a shared network, at
which, amongst other things, the Customer can utilise
the CitiCard to access funds in the Account.
11.2 Issue of CitiCard
On the request of the Customer and subject to these
Terms and Conditions and all of the terms and conditions
applicable to the Account as may be applicable from time
to time, the Bank shall, at its sole discretion, issue to the
Customer, a CitiCard. The CitiCard is not transferable.
The Customer may, subject to the Terms and Conditions,
carry out Account Transactions through the use of the
CitiCard at any Device. To enable such use, an ATM Code
(pre-encoded on the CitiCard) will be provided to the
Customer. The ATM Code shall be advised to the
Customer by the Bank either personally or, at the
request of the Customer and at risk of the Customer,
through ordinary mail, and may subsequently be
changed by the Customer, at the risk of the Customer, at
any Device that supports and facilitates such change.
11.3 Securing the ATM Code
The Customer will ensure that he/she:
a) Does not disclose the ATM Code to any person, under
any circumstances whatsoever and shall prevent anyone
seeing the ATM Code being entered into any Device and
shall take all possible care to prevent its discovery by any
person.
b) Shall not write or indicate the ATM Code on the
CitiCard or keep a record of the ATM Code in any manner
c) Shall not retain the physical of the ATM Code in any
manner such that any person is able to access the same.
d) Shall observe all pre-cautions as indicated on the cover
within which the ATM Code is delivered.
The Customer shall not hold the Bank liable in case of
fraudulent/unauthorized use of the ATM Code through
the CitiCard being misused and/or falling in the hands of
any third party or through the ATM Code being misused
and / or coming to the knowledge of any third party. The
Customer shall be solely liable for any loss, damage,
costs, charges or expenses including those that may be
incurred/suffered by the Bank as a result of such misuse
and/or fraudulent/unauthorized use of the CitiCard
and/or the ATM Code.
11.4 Lost or Stolen CitiCard or Disclosed ATM Code
The Customer shall inform the Bank as soon as the
Customer has reason to apprehend that the CitiCard has
been or may be misused, lost or stolen or that the ATM
Code has become known to anyone.
Upon receipt of advice/instructions from the Customer,
the Bank shall cancel the CitiCard and ATM Code. After
cancellation, the CitiCard and ATM Code should not be
used again even if subsequently found.
Provided that, in case of misuse, loss or theft of the
CitiCard or disclosure of the ATM Code to/access to the
CitiCard and/or ATM Code by any person, the Customer
shall be liable for any and all transactions effected on the
CitiCard until the loss or theft of the CitiCard or
disclosure of the ATM code to any third party has been
duly reported to the police and a written confirmation of
the misuse, loss or theft of the CitiCard or disclosure of
the ATM Code to/access to the ATM Code by any third
party along with a copy of the police report is received
and acknowledged by the Bank such that the Bank is in a
position to block/cancel the CitiCard and the ATM Code.
The Bank shall not be liable for, and for the
consequences of, any misuse of the CitiCard and/or ATM
Code under any circumstances and/or at any time,
whatsoever. Any replacement CitiCard and ATM Code
subsequently issued by the Bank, at application therefor
by the Customer, shall be governed by the Terms and
Conditions.
11.5 Use of CitiCard and Liability for Misuse
The facility of cash withdrawal through the CitiCard is
made available by the Bank on a best effort basis and the
Customer agrees that he will not hold the Bank
responsible or liable in any manner for any consequences
whatsoever in case of inability of the Customer to GCG/MK/TT/RCA T&Cs/11-08
withdraw cash at an ATM on account of malfunction of
the ATM or inadequate cash balance at the ATM or
closure of an ATM site or otherwise howsoever.
The Customer hereby irrevocably authorizes the Bank to
process any and all Account Transactions whether the
same have been performed bona-fide or otherwise and
by any joint holder of the Account or any other party
whosoever. The Customer undertakes to comply with all
applicable laws/procedures while availing of/utilizing the
CitiCard.
The Customer accepts full responsibility and liability in all
circumstances for Account Transactions performed on
any Device whether or not such Account Transaction is
processed with the knowledge of the Customer. Any
instruction given through utilization/in respect of the
CitiCard shall be irrevocable. The Customer hereby
authorizes the Bank to debit the Account with the
amount of any withdrawal or transfer or carry out any
such instructions that may be received by the use of any
CitiCard in accordance with the Bank's record of
transactions, which the Customer agrees to accept as
final and conclusive.
The Customer understands, acknowledges and confirms
that the Bank shall not and cannot, in any manner,
monitor and restrict the use of the CitiCard or the nature
of Account Transactions performed on the CitiCard.
The Customer understands and agrees that:
a) The Customer shall not hold the Bank liable for acting
on and pursuant to Account Transactions with the
CitiCard.
b) The Customer shall not hold the Bank liable for acting
on and pursuant to the instructions of the Customer;
c) In following any such instructions, the Bank will be
doing so on a best-efforts basis and the Bank shall, in no
way, be liable or responsible on account of delay or
inability to act immediately or at all on any of the
instructions of the Customer.
d) The Bank shall, in its sole discretion, without assigning
any reason whatsoever, be entitled to charge for,
withdraw, discontinue, cancel, suspend or terminate the
facility to use the CitiCard and/or services related to it
and shall not be liable for any loss or damage suffered or
claimed by the Customer resulting in any way from such
action. Such action may be immediate and without prior
notice should the circumstances, in the view of the Bank,
warrant the same.
e) Without prejudice to the Bank's inability to monitor the
use of, or the nature of Account Transactions performed
on, the CitiCard, the Bank may, at its sole discretion but
without any obligation, liability or responsibility in this
regard, decide not to carry out any such instructions
where the Bank has reason to believe that the
instructions are not genuine or are such as to raise a
doubt or are otherwise improper and cannot be put into
effect for any reasons whatsoever.
f) The Bank may, at its sole discretion, video tape or
record on camera the Customer's access/presence/use
of the Bank's facilities at premises/machines/equipment
of the Bank and/or any shared network and the
Customer understands and accepts that the Bank may
rely on footage of such clipping as evidence in any
proceedings.
g) Account Transactions initiated by the Customer will be
completed only if the Funds are clear and sufficient to
meet the transaction amount in full including any
applicable charges/fees, etc. The amount of each
completed transaction will be immediately debited from
the Account.
h) If any instruction given by the Customer is capable of
being executed by the Bank in more ways than one, the
Bank may execute such instruction in any one of such
ways, at its sole discretion.
i) The Bank shall not be liable for any failure to provide
the facility of CitiCard for any reason whatsoever
including, but not limited to, on account of any electronic
or other systems or systems related failure, disruption,
force majeure or other circumstance outside the control
of the Bank.
11.6 Limitation on Use
The Bank reserves the right to limit the minimum and/or
maximum aggregate amount of the Account
Transactions per day and such limits being further
subject to availability of clear funds in the Account. The
Customer acknowledges and understands that daily
minimum and/or maximum transaction limits apply to all
ATMs (within India and outside India) and may vary
between different ATMs belonging to different shared
networks.
Account Transactions may be limited to minimum and
maximum amounts in any specified period and to
multiples of any amounts, from time to time. The Bank
shall intimate the Customer in writing atleast fourteen
(14) days prior to such a restriction being imposed on any
CitiCard. The Bank shall not be liable or responsible for
any loss or inconvenience the Customer may suffer due
to lack of uniformity in these limits for transactions
through different ATMs/networks.
11.7 Reward Scheme
The Bank may offer the Customer various Reward
Schemes on the usage of a CitiCard. The Customer
understands and acknowledges that specific terms and
conditions will apply to any such Reward Scheme as may
be determined by the Bank in its sole discretion and as
may be notified to the Customer. In the event of any such
Reward Scheme being offered to a Customer, the
Customer hereby agrees to comply with and be bound by
the applicable terms and conditions of the same.
11.8 Balance and Related Account Information
The amount of available funds in the Account and a
summary of recent Account Transactions can be
ascertained through ATM receipts by utilizing the
CitiCard. The Customer confirms that the Customer shall
check such record of balance and Account Transactions
on a periodic basis.
11.9 Errors and Questions
The Customer shall write to the Bank, if the Customer
thinks that there has been an Account Transaction error
involving the CitiCard or if the Customer requires more
GCG/MK/TT/RCA T&Cs/11-08
information about an Account Transaction as shown on a
statement or receipt, within a period of fourteen (14)
days from receipt of the Statement where such Account
Transaction appears.
The Customer will provide sufficient details along with
such written notice to enable the Bank to investigate. The
notice shall include the following:
(i) Name of the relevant Customer, his address, CitiCard
serial number, the Account details and, if applicable, the
name and registered office address of the Customer;
(ii) A description of the error and why the Customer
believes it is an error or why the Customer needs more
information;
(iii) The exact amount of the suspected error;
(iv) A copy of the Account Transaction receipt/record,
and
(v) Any other information requested by the Bank.
The Customer shall comply with any request by the Bank
for further information (including, but not limited to,
providing an affidavit/declaration if so required). Where
any dispute/inquiry is not settled to the satisfaction of
the Customer, the Bank will advise the Customer in
writing of the procedures for the investigation and
resolution of the dispute and the Customer agrees to
abide by and act in accordance with such advice.
11.10 Maintenance
While advance notice of maintenance work likely to
affect the usage of the CitiCard may be given on a best
efforts basis, The Bank reserves the right to suspend
access to any Device or the provision of all or any of the
services relating to the CitiCard, at any time, if the Bank
deems it necessary to do so.
11.11 Surrender/Replacement of CitiCard
The CitiCard issued to the Customer shall remain the
property of the Bank and will be surrendered to the Bank
on request. The Customer confirms that he will at all
times exercise due care in the use and custody of the
CitiCard including such that it is not damaged so as to be
rejected by any Device and in the event of any damage
due to any reason whatsoever including, but not limited
to, improper or fraudulent use, the Customer shall be
liable to the Bank.
The Bank reserves the right to cancel, suspend or
withdraw the CitiCard facility partially or in totality at any
time and without prior notice in this regard and with
immediate effect, should the circumstances so warrant,
in the view of the Bank. The Customer confirms that he
shall be liable to the Bank to return the CitiCard for
cancellation in the event the services are no longer
required by the Customer or if the services are
withdrawn by the Bank for any reason whatsoever. Use
of the CitiCard after receipt by the Customer of notice of
withdrawal or cancellation of that CitiCard or the facility
of CitiCard is unauthorized and the Bank reserves the
right to take such action as may be appropriate.
The Bank may, in its sole discretion, at the request of the
Customer, issue a replacement CitiCard with a new ATM
Code for any lost or stolen CitiCard or a new or same
ATM Code on such terms and conditions as the Bank
may deem fit. In any event, unless otherwise specified by
the Bank in writing, any replacement CitiCard and ATM
Code issued by the Bank shall be governed by the Terms
and Conditions.
11.12 Variation of the Terms and Conditions
The Bank reserves the right, in its sole discretion, to vary
the Terms and Conditions, from time to time, under
intimation to the Customer. The Bank may effect
changes to the Terms and Conditions, including, but not
limited to imposition or increase in charges relating to
the use of the CitiCard and ATM Code.
The Bank may also effect change without notice, if such
change is necessary to maintain or restore the security
of the electronic system or equipment used for CitiCard
transactions. The Customer will be notified within 30
days if such a change is made, unless disclosure would
jeopardize the security of the electronic system or
equipment.
11.13 Ability to Refuse Payment
If the Bank receives any process, summons, orders,
execution, distraint, levy, lien, decree, information or
notice regarding liability/purported liability of the
Customer to any person whosoever, which the Bank, in
good faith, believes to be valid and true, the Bank may
decline to allow the Customer to obtain any portion of
the monies in the Account or may pay such monies over
to an appropriate authority and take any other steps
required by applicable law. The Bank reserves the right to
deduct from the Account a reasonable service charge
and any expenses the Bank may incur, including, without
limitation, legal fees due to legal actions involving the
CitiCard.
All monetary liabilities and obligations with respect to the
Account are payable solely at the branch at which the
Account was opened and are subject to all applicable law
(including, without limitation, any governmental acts,
orders, decrees and regulations including fiscal and
exchange control regulations). The Bank shall not be
liable for non-availability of funds credited to the Account
including due to restrictions on convertibility or
transferability of the funds credited to the Account,
requisitions, involuntary transfers, acts of war or civil
strife or other similar causes beyond the Bank's control.
11.14 Indemnity
In consideration of the Bank agreeing to provide to the
Customer the facility of CitiCard, the Customer hereby
irrevocably agrees, to indemnify and keep the Bank
indemnified, at all times hereafter, from all losses,
damages, costs, legal fees, charges and expenses and
consequences whatsoever, suffered or incurred by the
Bank on account of any claims, actions, suits or otherwise
instituted by the Customer, or any third party
whatsoever, arising out of or in connection with the use
of the CitiCard and any and all transactions initiated by
the use of the CitiCard, whether with or without the
knowledge of the Customer, or whether the same have
been initiated bona fide or otherwise which transactions,
the Customer hereby acknowledges, that the Bank has
processed on the instructions and authority of the
Customer in accordance with these Terms and
GCG/MK/TT/RCA T&Cs/11-08
Conditions and other applicable terms and conditions.
The Customer further agrees and confirms that this
indemnity shall remain valid and subsisting and binding
upon the Customer notwithstanding withdrawal of the
facility of CitiCard or closure, for any reason whatsoever,
of the Account or suspension or cancellation of any or all
CitiCard.
11.15 International Usage Of CitiCard
The Customer understands and acknowledges that all
withdrawals and transactions made with the CitiCard
outside India constitute a payment at Citibank, India, and
a remittance to the country where the withdrawals/
transaction is effected. Cash withdrawn at an ATM
outside India, with the CitiCard, shall be in a currency
permitted at the institution which owns the ATM at which
the withdrawals are made. The equivalent in the currency
in which the Account in held, along with processing
charges, conversion charges, fees, if any, for such
transactions shall be debited to the Account. Cash
withdrawals at an ATM outside India shall also be subject
to any exchange control regulations, or limitations in
effect in the country in which the ATM is located.
The Customer shall indemnify and hold harmless the
Bank from any and all consequences arising from
non-compliance of the Exchange Control Regulations of
the RBI.
In case a CitiCard is cancelled, whether on account of
non-compliance with Exchange Control Regulations or
otherwise, the Bank will not be responsible for any
attempted usage of the CitiCard, whether in India or
abroad. The issue and use of CitiCard will be subject to
RBI's regulations in force from time to time.
XII. VARIATION OF TERMS AND CONDITIONS
12.1 The Bank reserves the right to vary or amend the
whole and/or any part of these Terms and Conditions
from time to time with prior notice to the Customer and
the customer agrees to be bound by such amended/
modified Terms and Conditions.
12.2 The Bank may also make a change without notice if
the change is necessary to maintain or restore the
security of the any system or equipment used for any
Facility. The Customer will be notified within 30 days if
such a change is made, unless disclosure would
jeopardize the security of the system or equipment.
12.3 Notification of any changes may be given by the
Bank by delivering it to the Customer personally or by
posting it to the Customer's latest address recorded with
the Bank address. Proof of posting to such last notified
address shall be conclusive proof of the notification at
the time when it ought to be delivered in due course by
the post even if the notification may be returned through
the post as undelivered.
12.4 The Bank may also give the Customer notice of
variation of these terms and conditions by displaying a
notice on or within the immediate vicinity of the site of an
ATM/branch or by a press advertisement or by a
message in the Customer's statement of account.
12.5 The amended terms and conditions shall be binding
on the Customer forthwith.
XIII. SEVERABILITY
Each of the provisions of these Terms and Conditions is
severable and distinct from the others and, if at any time
one or more of such provisions is or becomes illegal,
invalid or unenforceable in any respect under law, the
legality, validity or enforceability of the remaining
provisions shall not be affected in any way.
STANDING INSTRUCTIONS
I/We hereby agree to indemnify the Bank and hold the
Bank harmless from and against all claims and demands
that the Bank may receive from the beneficiary for
non-execution or delay in execution of my/our above
Standing Instructions either on account of
non-availability of sufficient funds in my/our Account or
delays in the mail/ courier service or for any other reason
whatsoever or for the Bank being unable to accept the
Standing Instructions for any reason and from all costs,
charges and expenses that the Bank may be put to incur
in that behalf. The Bank shall be in no way responsible for
non-execution or delay in execution of the Standing
Instructions either on account of non-availability of
sufficient funds in my/our Account or delays in the
mail/courier services or for any other reason whatsoever
or for the Bank being unable to accept the Standing
Instructions for any reason
Terms & Conditions Governing Public Figure
A "Public Figure" is any individual who occupies, recently
occupied, is actively seeking, or is being considered for a
senior position in a government of a country, state, or
municipality or in the political process (e.g. Political
party), in a government owned corporation or in the
military. (Illustrative examples: Government officials such
as Ambassadors, High Commissioners of Indian mission
overseas; civil servants such as tax officers, police
officers, politicians and holders of public office). The
above definition will also include Business Accounts
where the beneficial owners/major shareholders are
Public Figures. (Illustrative examples: Partnership firms
where any one partner is a public figure, HUFs where
either the Karta or one of the co-partner is a Public
figure, Private companies where the true beneficial;
owners are public figures, Trust accounts where the
donors (settlers) and/or beneficiaries are Public Figures).
For corporate clients (companies, organizations) where a
public figure has material ownership (25% or more) or
minority ownership with control will come under the
purview of this policy. I/We hereby authorize the Bank to
act in accordance with this policy in the event of me/us
being a Public Figure.
GCG/MK/TT/RCA T&Cs/11-08
