BHIM UPI - Terms and Conditions - Deutsche Bank

MyBank India for Retail and Individual Accounts

Deutsche Bank BHIM UPI Terms and Conditions

Deutsche Bank BHIM UPI is a UPI (Unified Payment Interface) fund transfer application offered to the Deutsche Bank customers only (“customer / User/s”) by Deutsche Bank (“Bank”’/ “DB”) which facilitates to send and receive money.

Definitions:

The following words and phrases shall have the meanings set out herein below in this document unless repugnant to the context:

“Application” or “Mobile Payment Application” refers to ‘MyBank India - Deutsche Bank AG’ mobile application by the Bank which can be downloaded from Google Play store for android mobile operating systems and on app store for Apple mobile operating system to avail products and services offered by the Bank through this mobile application.

"Account(s)" shall mean an operative bank account maintained by the user with the Bank which user provide at the time of authentication process of application, for availing the UPI facility which is being offered.

"Bank" and “DB” and "Deutsche Bank" shall mean a banking company incorporated and existing under the Laws of Federal Republic of Germany and having its branch registered office in India at Deutsche Bank House, Hazarimal Somani Marg, Fort, Mumbai- 400001 and its corporate office at Nirlon Knowledge Park, Block 1, Off Western Express Highway, Goregoan (East), Mumbai - 400 063

“Debit Card” shall means and includes the debit card issued to the User in respect of an operative bank account maintained by the User with the Bank.

"Facility" shall mean BHIM UPI Mobile Payment facility offered by the Bank to facilitate user to send or receive money via UPI platform, through the Mobile Banking Application.

“Issuing Bank” shall mean member banks participating in UPI network to identify the bank account basis mobile number in case of customer is registering through any PSP app.

"Mobile Phone Number" shall mean the registered mobile number updated in the bank’s records.

“UPI” shall mean Unified Payments Interface is a service provided by NPCI to the Bank that allows transfer of money using a Virtual Payment Address that is mapped to an account of the User after complete validation.

“NPCI” shall mean National Payment Corporation of India.

“Virtual Payment Address (VPA)” shall mean an identifier that can be uniquely mapped to an individual account using a translation service.

"Mobile Phone" shall mean a valid SIM card enabled smartphone (running on android operating system / apple operating system), which is owned by the User.

"Personal information" shall mean any information about the user provided by the user to and obtained by the Bank in relation to the facility.

“Services” shall mean all the products and services offered by the Bank under the facility on Deutsche Bank Mobile Application.

“Transaction” shall mean the fund transfer service to send or receive money; offered under the facility on Deutsche Bank Mobile Application.

“User” shall mean and includes the existing customer of the Bank who has downloaded the Application.

For the purposes of this document all reference to the User in masculine gender shall be deemed to include feminine gender also.

Eligibility and Usage:

This facility shall be available to the Users in India, subject to the condition that the User downloads the application, successfully installs it and thereafter authenticate himself with the applicable credentials.

The User should have his / her mobile phone number registered with the Bank and should have existing relationship with the Bank for availing this facility and services thereunder.The mobile phone number registered with the bank should be a valid Indian mobile number.

This facility shall be made available only to the Users satisfying the eligibility criteria and shall be provided at the sole discretion of the Bank and may be discontinued / suspended / withdrawn by the Bank at any time, with or without prior intimation to the Users.

The User understands, accepts and agree that any other condition that is a pre-requisite to access and avail the benefits under the facility, including, but not limited to a mobile phone, data connection, etc. will be the sole responsibility of the User.

Authorisation:

The User expressly authorises the Bank to disclose to the service provider or any other third party, all User information in its possession, as may be required by them to provide the services offered under the facility to the User.

The User expressly authorises the Bank to record the User’s details and transaction details. All records generated by the transactions arising out of use of the facility, including the time of the transaction, beneficiary details, etc.; recorded shall be conclusive proof of the genuineness and accuracy of the transactions.

The User authorises the Bank to send any message or make calls to his mobile phone number or display banners or any other communication on Deutsche Bank Mobile Application to inform him about any promotional offers including information regarding Banks' new products either now available or which the Bank may come up with in the future, greetings, banners or any other promotional messages or any other message that Bank may consider appropriate to the User.

The User irrevocably and unconditionally agrees that such calls or messages made by the Bank and / or its agents shall not be construed as a breach of the privacy of the User and shall not be proceeded against accordingly.

The User authorises the Bank to send any rejection message or to reject any transaction / request, if it finds that the request sent by the User is not as per the requirements stipulated by the Bank for availing the facility.

The Bank shall make all reasonable efforts to ensure that the User’s information is kept confidential.

The User expressly authorises the Bank to carry out all request(s) or transaction(s) for and / or at the request of the User as are available to the User through Deutsche Bank Mobile Application without the Bank having to verify the authenticity of any request or transaction purporting to have been received from the User through application.

The Bank shall have the option to introduce any new features through this facility at any time in future.

Liabilities and Responsibilities of the User:

The User shall be responsible for the accuracy and authenticity of any information / instructions provided by the User for availing the facility.

The User shall be solely responsible for fund transfer through Deutsche Bank mobile application to the correct beneficiary / Virtual Payment Address.

The User shall also be responsible to comply with the applicable Anti-Money Laundering (AML) norms governing such funds transfers as stipulated by Reserve Bank of India (“RBI”), from time to time.

The User shall be liable and responsible in case of any discrepancy found in the information / details provided by him / her for availing fund transfer service offered through the Application.

If, the User suspects that, there is an error in the information supplied to Deutsche the Bank, he / she shall inform the Bank immediately. The Bank will endeavour to correct the error promptly wherever possible on a best effort basis.

The User shall be liable to the Bank for any kind of unauthorised or unlawful use of any of the passwords or of the said application or any fraudulent or erroneous instruction given and any financial charges thus incurred shall be payable by the User only.

The User accepts that for the purposes of the facility any transaction emanating from the mobile phone number registered by User shall be assumed to have initiated by the User at his sole discretion.

It is the sole responsibility of the User to request the Bank, to suspend the facility due to change of his registered mobile phone number or if his / her mobile phone has been lost or has been allotted to some other person. The User shall also be obliged to inform the Bank, if any, unauthorised transaction in his account, of which he has knowledge.

It shall be the responsibility of the User to update himself / herself with regard to any information relating to the services as the Bank may decide to provide certain other additional services under the facility. The Bank shall not be responsible for any disregard on the part of the User.

The User shall be liable for all loss if he / she has breached the terms and conditions contained herein and other applicable terms & conditions or contributed or caused the loss by negligent actions or a failure on his part to advise the Bank within a reasonable time about any unauthorised access made on his behalf in the Deutsche Bank BHIM UPI Mobile Payment Application.

The User shall agree that by use of this facility, he / she shall be deemed to have accepted and agreed to all the above terms and conditions and such terms and conditions shall be binding on me / us in the same manner as if he / she has agreed to the same in writing.

Terms of Service:

These terms & conditions are in addition to the general terms & conditions of any account or any other facility provided by the Bank to its customers.

User shall register him for using the Application in such manner and through such modes as may be specified and made available by the Bank on the Bank’s website from time to time for availing and using the facility.

The Bank reserves right to charge the User for the services offered under the facility. User agrees that charges, if any, for the facility offered by the Bank will be at the sole discretion of the Bank and the Bank is at the liberty to withdraw / modify / vary the same from time to time, without giving any notice to me / us. The charges for these services if any will be communicated to the User. User will be given an option to opt out of the services.

This facility will be provided by the Bank at the request of the User to enable them to send or receive the funds through Application to the accounts / Virtual Payment Addresses added in the Application based on the instructions received from User.

For the purpose of availing this facility, User shall take all necessary precautions to prevent unauthorised and illegal use of Application and services offered through the facility.

The User will be required to register his details including bank account details after downloading the Application to send and receive the funds through the facility.

The User shall be responsible for maintaining the confidentiality of OTP / password and for all the consequences which may arise due to use or misuse of such OTP / password.

The User shall be responsible and liable for any and all the fund transferred to beneficiaries at their request or received by using the Application.

The User shall be liable for all loss caused due to negligent actions or a failure on his / her part to immediately notify the Bank (as per Bank’s limited liability terms and conditions) about any unauthorised use / access made on his behalf in the Application or misuse of OTP / password or any other breach of security regarding the facility, of which he has knowledge.

The User irrevocably and unconditionally authorize the Bank to access all the necessary information for effecting transactions executed by him / her under the facility and to share his necessary information with any third parties for the purpose of accepting / executing such requests.

The Bank will keep records of the transactions in any form it wishes. In the event of any dispute, Bank's records shall be binding as the conclusive evidence of the transactions carried out through the Application.

The User shall not to use / access the application and / or services offered through the same in any manner other than as authorised by the Bank. In case the User uses the application for any purpose which is illegal, improper or which is not authorised under these terms / other specified terms & conditions then the Bank has a right to take all reasonable measures in order to prevent such unauthorised access by the User.

The User confirms that, any instructions given by him shall be effected only after validation of authentic OTP / Password used by him / her for availing such facility.

The User agrees and confirms that, once the transaction is materialized / successful, any stop payment or recall funds instructions given by him / her cannot be accepted and acted upon by the Bank.

The User shall while utilizing the facility ensure that:

He / She has authority to access and avail the services obtained and shall duly comply with the applicable laws and regulations prevailing in India.
He / She shall provide the Bank with such information and / or assistance as is required by the Bank for the performance of the service and / or any other obligations of the Bank under this facility.
He / She shall be responsible for providing the accurate and authentic information / instructions to the Bank for availing such facility.
He / She shall not at any time provide to any person, with any details of accounts held by him / her with the Bank or including the passwords, account number which are allotted, from time to time.

The User acknowledges that, the services offered by the Bank under the facility shall be availed by him / her at his own risk and these risks shall include the following risks:

Any technical error, failure, glitch, network failure, legal restraints and other reasons which is beyond control of the Bank and for which the Bank shall not be held liable in any manner whatsoever.
Any loss, damages, etc. that may be incurred / suffered by User, for the reason that the information provided by him / her turns out to be wrong / incorrect / inaccurate, for which the Bank shall not be held responsible.
For the performance of any service provider / other third party / entity involved in the process; and for any loss or damage incurred or suffered by the User for any error, defect, failure or interruption of the service or consequences arising out of delayed fund transfer.
Any loss of damage arising or resulting from delay in transmission delivery or no delivery of online / electronic instructions or any mistake, omission or error in transmission or delivery thereof or in decrypting the instructions from any cause whatsoever or from its misinterpretation received or any act or even beyond control of Deutsche Bank.
The technology for enabling the transfer of funds and the other services offered by the Bank under the facility over the Deutsche Bank Mobile Application could be affected by virus or other malicious, destructive or corrupting code, program or macro. It may be possible that the application / server of the Bank may require maintenance and during such time it may not be possible to process the request / transaction 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. User understand that the Bank disclaims all and any liability, whether direct or indirect, whether arising out of loss or otherwise arising out of any failure or inability by the Bank to honour any User instruction for whatsoever reason.
The User shall be entering all his sensitive information including such as account details, debit card details, OTP or Password and any personal information in NPCI library for authorizing any transaction initiated by the User and the final authorisation of any such transaction which will be done by the Issuing bank only after confirmation received from the Issuing bank from the User.

User agrees and confirms that, he shall be alone responsible for use / disclosure of his details as mentioned herein, for initiating / authorizing any transaction through Deutsche Bank mobile application via NPCI and the Issuing bank and shall keep the Bank indemnified, harmless and absolved from any liability in this regard including from any loss, cost, penalty, charges, including legal fees / charge, etc; which may cause to the Bank due to use / disclosure of User’s details mentioned herein by User, over NPCI Library and to the Issuing bank for seeking their confirmations, in respect of any transaction initiated / authorised by the User. Therefore, the User shall be solely liable and responsible, in such case if any loss, cost, penalty, charges, including legal fees / charge, etc; incurred to the User, in any manner whatsoever in this regard.

The User agree that Deutsche Bank shall assume no responsibility in respect of:

Transactions carried out under the service in good faith relying on User’s instructions and information provided.
Not carrying out transactions where the Bank has reason to believe in its sole discretion that the instructions are not genuine or are otherwise unclear, improper, vague or doubtful.
For any loss or damage incurred or suffered by User for any error, defect, failure or interruption of the service or consequences arising out of delayed transfer / remittance and for any reason which is beyond control of the Bank.
User acknowledge and agree that the Bank remains a mere facilitator for this service and that the Bank does not warrant or claim any responsibility for this facility nor does the Bank endorse any such service and / or its standing or reputation whatsoever and the Bank shall not liable for any deficient or bad services in any manner whatsoever and for any loss, whatsoever that User may suffer. The risk in this regard is entirely on the User.
Unauthorised access of any third party to the information / instructions given by the User to third party using the facility.
The Bank shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of the Bank to perform any of its obligations under these terms and conditions or those applicable specifically to its services / facilities if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues.

"Force Majeure Event" means any event due to any cause beyond the reasonable control of the Bank, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors / failures or power shut down, faults or failures in telecommunication etc.

Any loss, damage, liability caused or suffered by User due to disclosure of all information of confidential in nature.

In respect of UPI System, as the connectivity to UPI System is extended to the Bank only and any / all secure credentials that are required to process the transaction shall be provided by the User which will be captured and encrypted as per the construct and requirement of UPI only, by NPCI. Therefore, the secure mechanism or interface will be extended by NPCI through UPI system to the Bank including but not limited to secured credentials or sensitive information such as User’s account details, Debit Card Number, expiry date, OTP, etc. in encrypted manner.

The Bank at its sole discretion reserves the exclusive right to block, temporarily or permanently, Virtual Payment Address(es) of the User, if it identifies that the User-name or words used in the Virtual Payment Address(es), as misleading, offensive, prohibited, promotional or brand-names, trademark or copyright pertaining to any third party, with or without prior intimation to the User, for which the Bank shall not be held liable or responsible in any manner whatsoever.

The User shall remain responsible for any and all the transactions made through the facility. The Bank may withdraw or terminate the facility anytime or in case of breach of terms by me / us without a prior notice to the User; or if the Bank learns of demise, bankruptcy or lack of legal capacity of the User or for any reason whatsoever.

The Bank may at any time add / modify / vary these terms and conditions from time to time, without giving any prior written notice to the User and the same shall be binding on the User.

The User agree to indemnify, defend and hold harmless the Bank and its directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorney's fees, and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:

any breach or non-compliance by User of any term of these terms of service or any other additional terms and conditions and policies of the Bank;
any dispute or litigation caused by Users actions or omissions;
any negligence or violation or alleged violation of any law or rights of a third party by the User.

The Bank may provide the any services through this application, directly or through its associates or contracted service providers on its behalf.

Amendments

The Bank reserves the right to add, amend, revise, change or cancel any of these terms and conditions and all other terms, conditions and notices applicable to the use of banking services provided by the Bank and reserves the right to modify any features of any products or services offered by the Bank.
The User understands and accepts that the Bank has absolute discretion to amend or supplement any of the terms and conditions stated herein, at any time, without prior notice or intimation to the User and such terms and conditions shall be made available to the User on the Bank’s website. By availing the services / facility, the User shall be deemed to have accepted such amended, modified and / or supplemented terms and conditions.