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WhatsApp Services Terms and Conditions

These terms and conditions (“WhatsApp Terms and Conditions”), as amended from time to time) are applicable to the Customers (defined hereinafter) who avail the Services (defined hereinafter) provided by IDFC FIRST Bank (“Bank”) on the WhatsApp platform. The WhatsApp Terms and Conditions for usage of WhatsApp application, shall be in addition to any other terms and conditions as stipulated by the Bank from time to time on its website (https://www.idfcfirstbank.com/) whether pertaining to the account or in relation to other products, services, facilities or offers provided by the Bank and availed by the Customer. Any Services that may be offered to the Customer through the WhatsApp platform is at the discretion of the Bank and/or basis the eligibility criteria of a Customer. In case of inconsistency between the WhatsApp Terms and Conditions and any specific terms and conditions pertaining to a specific variant of the account or any specific service/product/offer, the specific terms and conditions of that particular service/product/offer shall prevail.

1.     DEFINITIONS

“Account” refers to the any account maintained by the Customer with the Bank including but not limited to savings, current account, deposits, loan, investments.  

“Account Related Services” shall mean the Services which pertain to information in relation to the Account of the Bank’s Customer including but not limited to balance enquiry, statement request which are enabled by the Bank, from time to time, at its sole discretion.

“Registered Bank Number” is the authorized contact number of the Bank, registered with WhatsApp for the purposes of providing Services herein.

 “Customer ” shall mean any person availed any product/service including accounts, loan, credit card etc. from the Bank or a third party product/service.

· Prospect shall mean any person who could be or has expressed his interest in having a relationship with the Bank through its products and services and gives consent to receive communication from the Bank

· USER shall mean any person (Customer or Prospect) interacting with the Bank via any of the Instant Services using the Bank Registered Number / using the Services provided by the Bank digitally

“Customer Information” refers to the personal data or information or such other data or information including any sensitive personal data in relation to the Customer such as information in relation to the account balance of the Customer, shared by the Customer or provided to the Customer by the Bank or collected or obtained from the Customer or from WhatsApp or from any such source in the course of the Customer availing the Services hereunder.

“Registered Customer Number” is the mobile number which the Customer has registered with the Bank.

"Device" means a computer, laptop, mobile phone, tablet or any other similar device that enables the Customer to access WhatsApp and use the Services.

“One Way Communication” shall mean the service provided by the Bank to the Customer on WhatsApp where the Bank sends its Customer one-way messages through its Registered Bank Number in the nature of information, alerts, updates, transaction alerts in relation to the Customer’s Account and such other communications as the Bank may enable from time to time, at its discretion.

“Privacy Commitment shall have the meaning as ascribed on the Website.

 “Services” shall mean the One Way Communication and Two Way Communication services provided by the Bank by itself or through any of its service providers, to a USER on WhatsApp.

“Two Way Communication” shall mean the service provided by the Bank to the USER on WhatsApp where the USER can communicate with the Bank by sending it messages in the form of making requests, seeking information, asking queries etc. on the Registered Bank Number and where the Bank responds to such messages. However, this service and the Bank’s responses shall be limited only to such queries, information, requests etc. as may be determined by the Bank from time to time, at its sole discretion.

“Website” shall mean www.idfcfirstbank.com

WhatsApp includes all the services provided by WhatsApp for Businesses and Payments(WhatsApp Pay)

“WhatsApp” is the application provided by WhatsApp Inc. 1601 Willow Road, Menlo Park, California 94025.

“WhatsApp Guidelines” shall mean and include the WhatsApp privacy policy (as updated from time to time) and other applicable terms of use, guidelines of WhatsApp, its group companies and any amendments from time to time as more particularly mentioned on WhatsApp’s website www.WhatsApp.com/legal or websites of its group companies.

2. INTERPRETATION

 (i) All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".

(ii) Words importing any gender include the other gender(s). ‘We/us’, wherever used, refers to Bank and ‘You/yours’, wherever used, refer to the Customer using the WhatsApp for the Services.

(iii) Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.

(iv) All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these WhatsApp Terms and Conditions.

(v) Reference to any law or legislation, regulation, rule shall mean, applicable, constitution, statute, law, rule, regulation, ordinance, judgment, order, decree, authorization, or any published directive, guideline, notice, requirement or governmental restriction, having the force of law in any jurisdiction and will include laws/guidelines, directions as amended from time to time.

3. ELIGIBILITY FOR USING THE SERVICES

· The User should be an individual, or individual representing Enterprise or Corporates, and

· The User should be a major(i.e. above 18 yrs of age)  or guardian of a minor. Guardian can avail the services on behalf of the minor, and

· The User should be of sound mind, and competent to contract for using the service.

4. SERVICES

The User accepts that the Bank reserves the right to provide only such Services as the Bank may at its discretion permit from time to time. The Bank may also advise the availability/non-availability of any particular Service, at its sole discretion. The User hereby agrees that the Bank may at any time, without notice to the User, modify, discontinue or make additions/deletions to the Services offered to the User. The User agrees that he/she shall not hold the Bank responsible for not responding to the queries of/ information sought by the User or not providing a response to the satisfaction of the User or not processing any request of the User, in case such a message sent by the User in case the Bank does not receive an instruction to this effect in its systems or the message sent by the User is not in the format as required by the Bank or does not fall under the Services being offered by the Bank at the time or the Bank does not receive such a message for technical reasons or otherwise or for any reason whatsoever. The Bank will have no liability in case of any fraud or impersonation incidents through this platform. Further, in case the Bank permits any Service in the nature of a transaction, the User agrees that such a Service shall be subject to statutory/ regulatory limits and/or any limits that may be imposed by the Bank, from time to time, at its sole discretion.

5.     REGISTRATION AND VERIFICATION

a. For availing the One-Way Communication service, the User shall be deemed to have accepted the TnCs  of the Bank applicable to the User for availing the Services mentioned herein.

b. For availing the Two-Way Communication service, the User shall be deemed to have accepted (a) the Terms and Conditions applicable to the User for availing the Services mentioned herein; and (b) the Privacy Policy of the Bank applicable to the User for availing the Services mentioned herein.

 Provided that, the Bank may modify the process for authentication, registration and/or verification of the User, for One Way Communication and/or Two-Way Communication, at any time, at its sole discretion. Provided however that the Bank shall not be required to authenticate the Customer or User, if any request for the Services comes on WhatsApp to the Bank Registered Number, and in case of a Customer, if the number reflected in the requestor’s mobile is a Customer’s Registered Number, the Bank shall be entitled to presume that it is the Customer itself who is interacting through WhatsApp and in case of any other User the Bank shall be entitled to presume that the number reflected in the WhatsApp profile is the User’s number and it is the User itself and not any other person who is interacting with the Bank Registered Number

WhatsApp or any other service provider through which we are providing the Services on WhatsApp can/may review and monitor, store the contents (including location, text, images, videos or other materials) shared/communicated through the WhatsApp platform or other service provider(s) and may share/disclose the same with third parties. Bank shall not be responsible for any act or omission or negligence on the part of WhatsApp, resulting in any loss of data or personal information of the Customer.

6. APPLICABLITY OF T&C AND AUTHORITY TO THE BANK

The User hereby accepts and agrees that all Services and communications (both One Way Communication and Two Way Communication) taking place on WhatsApp, initiated either by the Bank or the User, will be governed by and subject to these Terms and Conditions (available on www.IDFCfirstbank.com). Further, the User hereby agrees that the User grants express authority to the Bank for carrying out the Services requested by the User on WhatsApp on its Bank Registered Number. The Bank shall have no obligation to authenticate the User or to verify the identity of any User once the registration for One Way Communication service is made or once it receives any request/ communication to its Bank Registered Number from any WhatsApp User through WhatsApp. The Bank's own record or log of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes.

7. IMPORTANT

The User unconditionally and irrevocably agrees to the following: a. Both One Way Communication and Two Way Communication shall at all times be governed by and subject to these Terms and Conditions.

b. That all the Services provided to him are subject to applicable law and the rules, regulations, notifications, circulars and guidelines introduced or amended from time to time by the Reserve Bank of India and/or any regulatory/ statutory/ governmental authority.

c. The User shall provide the Bank with such information and/or assistance as is required by the Bank for the performance of the Services and/or any other obligations of the Bank. Further, that all instructions relating to the Services will be issued in satisfactory manner to the Bank, in form and content.

d. Account Related Services including in relation card, loan etc. (at the sole discretion of the Bank) shall be provided to the Customers through WhatsApp platform only and to a WhatsApp account associated with the Customer’s Registered Number.

 e. That the Bank may advise from time to time the versions of the operating systems on the Devices which are required for availing the Services and/or registration of the Services. There will be no obligation on the Bank to support all the versions of the operating systems. The User agrees that the User shall be responsible for upgrading any software, hardware and the operating system at his cost from time to time so as to be compatible with that of the Bank and/or WhatsApp. The Bank shall be at liberty to change, vary or upgrade its software, hardware, operating systems, etc. from time to time and shall be under no obligation to support the software, hardware, operating systems used by the User and that the same shall be the User’s sole responsibility to be able to continue his use of the Services.

 f. That the User shall not reproduce, copy, or redistribute for commercial purposes any materials or design elements of the Services provided hereunder.

 g. That the User shall not submit or transmit any content through this Service that is:

1. Obscene, vulgar, or pornographic, immoral, illegal, illicit, unethical, anti-social etc.;

2. Encourage the commission of a crime or violation of any law;

3. Violates any state or federal law in India and/or the jurisdiction in which you reside;

 4. Infringes the intellectual or copyrights of a third party; or

5. Constitutes confidential information and/or personal or sensitive information/ data belonging to the User or to any other person.

h. The Bank reserves the right to remove or otherwise delete any content or submissions made by the User that violates the Bank’s internal rules or which are inappropriate and against the moral turpitude, as per the Bank’s sole discretion, without undertaking any liability in relation to the same or giving any prior warning to the User.

 i. The responses sent by the Bank on WhatsApp are based on a program running at back-end. This program has been developed and regularly enhanced to handle the queries in best possible manner. However, for any answers that the User may not find satisfactory or for any inaccuracies arising therefrom, the Bank shall not be held responsible.

 j. By subscribing to the Bank’s One Way Communication service, the User agrees to get its personal notifications/alerts/acknowledgements via WhatsApp including portfolio holding, transaction details, value added subscriptions, alerts, notification services etc. The User also agrees to receive notifications including Account and transaction alert notifications, regulatory updates, personalized offers, new product features etc. on his mobile number registered with the Bank via WhatsApp. Further, by registering to the One Way Communication service on WhatsApp, the User authorizes the Bank to send the aforementioned alerts to the User on WhatsApp and/or SMS at the Bank’s sole discretion and the Bank also may stop sending these alerts on SMS and/or WhatsApp or any other channel, at its sole discretion.

 k. The User understands that using WhatsApp may carry extra risks refer to WhatsApp risk policy

(www.whatsapp.com/legal). Further, any message and information exchanged on WhatsApp shall be subject to the risk of being read, interrupted, intercepted, or defrauded by third party or otherwise subject to manipulation by third party or involve delay in transmission. The Bank shall not be responsible or liable to you or any third party for the consequences arising out of risk in the aforementioned policy in connection with using of this Service.

 l. The User is aware that it may not be possible for the Bank to give detailed information on the Service functionalities. The Bank shall not be responsible or liable to you or any third party for the consequences arising out of or in connection with using of this Service.

m. The User is aware that authentication technologies and strict security measures are required for using mobile applications such as WhatsApp. The User undertakes to ensure that the User shall not reveal his password to any third party including employees and dealers of the Bank. The User shall be solely responsible for all the communication exchanged between the User and the Bank while utilizing these Services.

 n. The User understands that his Device. is vulnerable to the threats such as but not limited to unauthorized (i) access by intruders to the data/information contained on such Device; (ii) identity theft; (iii) privacy violations; (iv) planting of stealth software, malware, viruses etc; (v) disablement or distortion of operations; (vi) interception of the transmission of encrypted data/message etc. The Bank shall not be responsible or liable to you or any third party for the consequences arising out of or in connection with using of this Service. The User shall immediately opt-out of the Services by de-registering for the services.

 o. The User is responsible for keeping security safeguard of his account on his WhatsApp linked to his registered mobile number and the Bank shall not be liable and responsible for the security safeguards of the User’s account, in any manner whatsoever.

p. The User shall ensure appropriate network connection and the receipt of messages by the User shall be subject to the network connection and the Bank shall not be held responsible and liable for any delay, suspension, interruption or non-receipt of the responses from the Bank.

q. The User is aware that using any mobile application involves many uncertain factors and complex software, hardware, systems, etc. which are susceptible to interruptions and dislocations. The Bank does not make any representation or warranty that the Services will be available at all times without any interruption, delay or suspension and that the Bank shall not be responsible and liable for any variation, reduction or imposition of the terms or the User’s inability to use WhatsApp for any reason whatsoever.

r. The User agrees that he/she shall not have any claim against the Bank on account of any suspension, interruption, non-availability or malfunctioning of the Service including due to any link/mobile/system failure at the Bank’s end for any reason thereof.

 s. The Bank has the right to retract the User’s right to utilize the Service anytime it deems fit, at Bank’s sole discretion, without any notice to the User.

t. These Terms and Conditions may be withdrawn, superseded or modified at any time whatsoever, by the Bank without any prior notice, at Bank’s sole discretion.

8. UNSUBSCRIBE

You may choose/request for de-registration/un-subscription of the Services at any point of time by following the process as may be prescribed by the Bank from time to time. Currently the Bank provides the following channels for un-subscription:

iii. Send ‘STOP’ keyword on the WhatsApp platform to Registered Bank number.

However, the Customer agrees that for this to come into effect, it may take such time as may be required by the Bank. The Customer agrees that he/she will remain responsible for any requests made/ messages sent to the Bank using the Services prior to the time such cancellation of the Services is effected by the Bank.

The Bank will be at liberty to discontinue/ suspend/ terminate the Customer’s use of the Services at any time without assigning any reason whatsoever. The Bank may also discontinue or suspend or terminate Services/ facilities without prior notice if these WhatsApp Terms and Conditions are breached.

Once we have received the notification that you have unsubscribed, post three weeks from the date of notification, we will no longer use or process your information for the purpose(s) you originally agreed to and send any further notification/message through WhatsApp, unless legally permissible otherwise.

9. SECURITY MEASURES

 The User hereby unconditionally and irrevocably understands and agrees that he/she must: a) keep the passwords to his Device fully and strictly confidential and shall under no circumstance reveal any of the password(s) to any other person; b) commit the password to memory and not record any of them in a written or electronic form; c) not let any unauthorized person have access to his Device or leave his Device unattended while accessing his WhatsApp; d) put in place a passcode or password or PIN or a security key of similar nature to lock/ restrict access to his Device and secure it from any unauthorized access and not share such passcode/ password/ PIN/ security key with any other person; e) not remove the restrictions that may be imposed by the Device provider on the Device’s) take adequate precautions from any ransomware, malware, virus or any other security threat from entering the Device, including installing adequate anti-virus protection; f) logout from the web browser after using WhatsApp and bank shall not be liable for any mishappening or misuse.

The User hereby agrees and accepts that he/she shall at all times be solely responsible for the protection and safe keep of his SIM/e-SIM card, Device and the applications installed thereon, specifically WhatsApp, login ids, User Information, security details and passwords as mentioned hereinabove and hereby fully agrees that the Bank shall in no manner be liable for any direct or indirect or consequential or other loss occurring on out of any action or omission because of compromise of the same. Further the User agrees that he/she understands the risks of losing his SIM card or transferring his SIM card to another device. The Bank strongly advices the User, for the purpose of using the Services on WhatsApp, to delete the WhatsApp application when changing his device. Further the User understands the risks of compromise of his QR code and the implications that it may have on his WhatsApp, including access by a third party to the User’s WhatsApp and the Services. The User agrees that the Bank assumes no liability whatsoever in case of any event of such compromise of the User’s WhatsApp and the Bank shall not be held responsible for any such event. Further, the User agrees and understands that WhatsApp can also be logged on more than one device at the same time, including by using web log in and the User is aware of the risk in this regard while availing the Services such as compromise of User Information, breach of security of the User’s WhatsApp account from a device other than the Users etc. and the User undertakes to be vigilant and careful and takes full responsibility for the security of his WhatsApp account. The Bank shall not be responsible or liable to you or any third party for the consequences arising out of or in connection with using of this service.

The User also agrees and accepts that any person having access to any such email/phone number/authentication form factor/Customer’s Registered Mobile Number, shall be deemed to duly authorized by the User and acting for and on behalf of the User, with the authority and intention to bind the User irrevocably with any actions pursuant thereto including the acceptance of these Terms and Conditions, vis-à-vis the Bank.

Provided however that the Bank shall not be required to authenticate the Customer or User, if any request for the Services comes on WhatsApp to the Bank Registered Number, and in case of a Customer, if the number reflected in the requestor’s Device is a Customer’s Registered Number, the Bank shall be entitled to presume that it is the Customer itself which is interacting through WhatsApp and in case of any other User the Bank shall be entitled to presume that the number reflected in the WhatsApp profile is the User’s number and it is the User itself and not any other person who is interacting with the Bank Registered Number.

10.  RISKS

The User hereby acknowledges that he/she is availing the Service(s) at his own risk and the User shall not hold the Bank responsible or liable for any of the risks. Apart from the risks mentioned above, these risks would include but not be limited to the following:

a)     Misuse of Password:

The User acknowledges that if any third person obtains access to the User's Device or SIM card or the User’s WhatsApp, such third party may be in a position to access User Information including Account related information of the User, which may be confidential in nature such as account balance, mini bank statements, etc. of the User. The User shall at all times ensure that the Terms and Conditions applicable to the use of the password and security of WhatsApp and the Device of the User are strictly complied with at all times.

b) Internet Frauds:

The internet per se is susceptible to a number of frauds, misuse, hacking, phishing and other actions which could threaten the security of the information available to the User while availing the Services. While the Bank shall aim to provide security to prevent the same, it cannot guarantee any safeguard from such internet frauds, hacking, phishing and other actions which could affect any instruction(s) given to the Bank for availing the Services. The User has evolved/ evaluated all risks arising out of the same.

b)    Mistakes and Errors:

For availing any Service(s), the Bank would require proper, accurate and complete details to be provided to the Bank. For instance, the User is aware that he/she would be required to fill in the requisite details of the account with regard to which he/she seeks to obtain the account balance. In the event of any inaccuracy in this regard, the User acknowledges that the User may be sent responses or shown information which may not be applicable to him or may not be sent a satisfactory response, and the User agrees that in such a scenario the Bank shall not be liable for any loss to the User in this regard. The User shall therefore take all care to ensure that there are no mistakes and errors and that the message sent/ request made/ query asked by the User to the Bank in this regard is error free, accurate, proper and complete at all points of time. The User agrees that the Bank is providing the Services at the User’s sole risk. The User agrees that the Bank shall not be liable for any loss, damages or consequences whatsoever arising due to any erroneous or incomplete information or any delay in executing the instructions for reasons beyond the control of the Bank. The User shall be liable and responsible to Bank and accede to accept the Bank's instructions without questions for any unfair or unjust gain obtained by him in the course of availing of the Services.

c)     Technology Risks:

The technology for enabling the Services offered by the Bank could be affected by ransomware, virus or other malicious, destructive or corrupting code, program or macro or any other security threat. It may also be possible that the site of the Bank may require maintenance and during such time it may not be possible to process the request of the Users. This could result in delays in the processing of instructions or failure in the processing of instructions and other such failures and inability. The User understands that the Bank disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by the Bank to honour any User instruction for whatsoever reason. The User unequivocally and unconditionally understands and accepts that the Bank shall not be responsible for any of the aforesaid risks. The User also accepts that the Bank shall disclaim all liability in respect of the said risks.

Bank shall not be liable for:

i. any unauthorized use of the customer's OTP/debit card PIN, password or mobile phone number or for any fraudulent, duplicate or erroneous instructions given on the WhatsApp channel;

ii. acting in good faith on any instructions received by Bank from or on behalf of the Customer in relation to the WhatsApp facility;

iii. error, default, delay or inability of Bank to act on all or any of the instructions given by the Customer due to any reason;

iv. loss of any information/instructions in transmission;

v. unauthorized access by any other person to any information /instructions given by the Customer or breach of confidentiality;

Bank may provide any other Services as a part of the WhatsApp facility and Bank shall not be

liable for the oversight on part of the Customer to update himself /herself with the addition of

Services which have been included in the WhatsApp facility.

11.  ACCURACY OF INFORMATION

The User agrees that he/she is responsible for the correctness and accuracy of information supplied to the Bank in the course of availing the Services. The Bank accepts no liability and responsibility for the consequences arising out of erroneous, incomplete, inaccurate, untrue information supplied by the User. The User agrees that if he/she notices any error, inaccuracy in any information supplied to the User by the use of any of the Services, the User shall inform the Bank of the same, as soon as possible. The Bank will endeavor to correct the error promptly. The User agrees that all outputs of statements that may appear on WhatsApp, upon making a request to that effect, are information extracted from a computerized back up system maintained by the Bank and may not be continuously be updated in real time. The Bank shall provide the information as may be last updated on the systems of the Bank. While the Bank will take all reasonable steps to ensure the accuracy of the statement, the Bank is not liable for any error and shall not hold the Bank responsible for any loss incurred or action taken by the User by relying on such information. The User further agrees that he/she shall hold harmless and indemnify the Bank against any damages, losses, liabilities, settlements, costs, expenses, or fines. that may be incurred or suffered by him, if the information contained in the above said outputs turns out to be inaccurate/incorrect.

12. LIABILITY

The User agrees that he/she shall be liable for all loss from unauthorized uses of his WhatsApp and/or for requests made while availing the Services and/or for any breach(es) of these Terms and Conditions or if he/she has in any way contributed or caused the loss by negligent actions including the following:

 a) Keeping a written or electronic record of the User’s Device password;

 b) Disclosing or failing to take all reasonable steps to prevent disclosure of the User’s WhatsApp and/or QR code and/or failing to advise the Bank of such disclosure within reasonable time.

 c) Losing the SIM card on which the User’s WhatsApp is registered;

d) Transferring the SIM card on which the User’s WhatsApp is registered to another device without deleting the WhatsApp application from the previous device.

e) Not advising the Bank in a reasonable time about unauthorized access to or erroneous transactions/ use of Services on his WhatsApp. The Bank shall not be responsible or liable to the User or any third party for the consequences arising out of or in connection with using of this Service, including for any reasons aforesaid and the entire liability and responsibility due to any of the aforesaid shall completely be on the User above. The User agrees that the Bank shall in no circumstances be held liable to the User if the Services or if the User is unable to register for the Services in the desired manner/ in the manner provided for herein for reasons including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or internet or network failure, software or hardware error or any other reason beyond the control of the Bank. The Bank shall under no circumstance be liable for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the User or any other person. Further, the Bank shall not be liable for any damages, losses (direct or indirect) whatsoever, due to disruption or non-availability of any of Services/facility/s due to technical fault/error or any failure in telecommunication network or any error in any software or hardware systems. The User further agrees that the WhatsApp application is owned and controlled by an independent third party which is unaffiliated with the Bank. The Bank is not responsible for the privacy or security policies of WhatsApp and any other entity that may be linked to/ from/ within it, and does not assume liability for any damage incurred by the User from the use of said application. The User fully understands that the Bank is not endorsing the products or services of WhatsApp or of any advertisement etc. appearing thereon.

13. USER INFORMATION –

The User understands and agrees that while the Bank has deployed processes and technology to prevent unauthorized use or accidental disclosure of the User Information or any other data pertaining to the User on WhatsApp, the User understands and accepts that by using the Services, the User Information and any other data of the User in relation to the Services may also be stored on the application/ website/webpage and server of WhatsApp, which are outside of the control of the Bank and the Bank cannot guarantee the security of the User Information or any other data which is stored on therein. The User unconditionally and irrevocably agrees and accepts that the Bank is not responsible for any compromise in such User Information/ data outside the control of the Bank and acknowledges that the User is providing the User Information at his own free will and risk.

The User hereby expressly consents to and authorizes the Bank (whether acting by itself or through any of its service providers, and whether in automated manner or otherwise), to do and undertake any of the following, in relation to the User Information whether about me/us or not as may be deemed relevant by the Bank for its purposes:

 i) to collect the User Information from me and other physical or online sources including WhatsApp accessing the same from credit information companies, to get the authenticity, correctness, adequacy, etc. of the User Information verified from any sources and persons including from online data bases; and to act for and on my/our behalf for such accessing, collecting or verifying of the User Information including using my/our log in and password credentials on the online platforms; such collection, access and verification may be done without any notice to me/us;

ii) process User Information including by way of storing, structuring, organising, reproducing, copying, using, profiling, etc. as may be deemed fit by the Bank;

iii) to store the User Information for such period as may be required for contract, by law or for Bank’s evidential and claims purposes, whichever is longer;

iv) to share and disclose the User Information to service providers, consultants, credit information companies, other banks and financial institutions, affiliates, subsidiaries, regulators, investigating agencies, judicial, quasi-judicial and statutory authorities, or to other persons as may be necessary in connection with the contractual or legal requirements or in the legitimate interests of the Bank or as per the consent;

 v) any of the aforesaid may be exercised by the Bank for the purposes mentioned above, for the purposes of credit appraisal, fraud detection, anti-money laundering obligations, for entering into contract, for direct marketing, for developing credit scoring models and business strategies, for monitoring, for evaluating and improving the quality of services and products, for other legitimate purposes or for any purposes with consent.

The User acknowledges the Bank has engaged/ may engage a service provider from time to time , for various aspects related to Services, storage, software/ hardware requirements, processing of requests, engines, responses, etc. The User has no objection to the same. The User hereby confirms that all the authorizations and rights in any of (i) to (v) above also extend to and are given above to the service providers of the Bank, including for all the sharing and disclosures amongst the Bank and its service providers. The User hereby expressly agrees to the Bank and/or its affiliates for using the User Information and for cross-selling to him their various products and services from time to time.

14. PRIVACY POLICY

 The User has read, understood and accepted the Privacy Policy of the Bank which can be found at https://www.idfcfirstbank.com/privacy-policy (“Privacy Policy”) - All the changes thereto from time to time by the Bank shall be binding on the User and the User shall update itself periodically for the privacy policies in force then from time to time by using the Bank’s website for this purpose.

15. INDEMNITY

The User undertakes to indemnify and keep the Bank and its officers/employees fully indemnified and harmless from and against all the consequences of breach of any of the terms, conditions, statements, undertakings representations and warranties of these Terms and Conditions as also of any of its representations or warranties not being found to be true at any point of time, including any actions, notices, suits, claims, proceedings, damages, liabilities, losses, expenses, costs or taxes faced, suffered or incurred by the Bank including from any third parties.

16. WITHDRAWAL OF SERVICES

The Bank shall be entitled to terminate/withdraw/ discontinue/ suspend/ disallow the use of any of the Services at any time, at its sole and absolute discretion without need for any permission from or notice to the User.

17. BINDING NATURE OF TERMS AND CONDITIONS

 The User agrees that by using the Service, the One Way Communication and/or Two Way Communication, sending any communication/ message to the Bank Registered Number on WhatsApp, completing the registration process as provided for hereunder, accepting these Terms and Conditions and/or accepting the Privacy Policy, the User shall be deemed to have read, understood and irrevocably and unconditionally accepted and agreed to all these Terms and Conditions and such Terms and Conditions shall be binding on the User in the same manner as if the User has agreed to the same in writing.

18. PROPRIETARY RIGHTS

The User acknowledges that the software/ other internet related software which are required for providing the Services or any Intellectual Property Rights of the Bank in the process are the legal property of the Bank/ respective vendors. The permission given by the Bank to avail of the Services to the User will/ does not create or convey any rights, title or interest to the User or to any person, in the above software or Intellectual Property Rights of the Bank. The User agrees that he/she shall not attempt to modify, translate, disassemble, decompile or reverse engineer such software or create any derivative product based on the software.                                               

19. NOTICES –

The Bank and the User may give notices under these Terms and Conditions: a) Electronically to the email id, mobile number of the User registered with the Bank and/or through WhatsApp. Such notices will be regarded as being in writing. b) In writing by delivering them by hand or by sending them by post to the last address given by the User. c) In the case of notices to the Bank to the following address: IDFC FIRST Bank Tower, The Square, C-61, G Block, Bandra Kurla Complex, Bandra East, Mumbai – 400051 In addition, the Bank may also publish notices of general nature, which are applicable to all Users using the Services on its web site and/or on its net banking page. Such notices will have the same effect as a notice served individually to the User.

20. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and Conditions and/or the use of the Services provided through WhatsApp shall be governed by the laws of the Republic of India and no other nation. The User agree to submit to the exclusive jurisdiction of the Courts located in Mumbai, India as regards any claims or matters arising under these Terms and Conditions.

The Banks accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the Service may be accessed through the internet by a Customer in a country other than India shall not be interpreted to imply that the laws of the said country govern these Terms and Conditions and/or the use of the Services.

21.  GENERAL

The clause headings in this agreement are only for convenience and do not effect the meaning of the relative clause. The User shall not be entitled to assign this agreement to any other person. The Bank may subcontract and employ agents to carry out any of the Services or for any incidental purposes. The Bank may assign, transfer, any of its rights and/or obligations or any part thereof to any persons at its discretion without any requirement for notice to or permission from the User.

22.  ACCEPTANCE AND SIGNING

The User hereby expressly acknowledges and confirms that the User has read, verified, understood, irrevocably agreed to and accepted and delivered all the terms and conditions contained herein online by sending a message/ sending any communication on WhatsApp on the Bank Registered Number. The User hereby expressly acknowledges and confirms that at the time of accepting and signing these Terms and Conditions as above, the User fulfills the eligibility to utilize the Services as provided in these Terms and Conditions and that the User is (i) an individual; (ii) a major; (iii) of sound mind, solvent and competent to contract; (iv) a resident of India; and (v) is present within the territory of India at the time of utilization of the Services. The Bank may print paper copies of the electronic record or produce in any such form at its discretion this document and the User’s signing as aforesaid, and the same shall be fully binding on the User and the User has no objection to such print-outs or any such other form (in the discretion of Bank) being produced by the Bank in evidence in any court, tribunal or otherwise, to prove the acceptance, execution as well as the contents of the contract.

 DISCLAIMER:

1. Bank may, at its sole discretion, utilize the services of external service provider/s or agent/s and on such terms as required or necessary, in relation to its products/ Services provided.

2. WhatsApp or any other service provider through which we are providing the

Services on WhatsApp can/may review and monitor, store the contents (including

text, images, videos or other materials) shared/communicated through the

WhatsApp platform or other service provider(s) and may share/disclose the same with third parties.

3. Bank shall not be involved in or in any way liable to the Customer for any dispute between the Customer and a telecom service provider or any third party service provider or WhatsApp (whether appointed by Bank for such purpose or otherwise) while availing these Services through the WhatsApp and the Customer agrees to directly take up any claim/dispute with respect to the usage of WhatsApp platform directly with WhatsApp