AxisRemit UK Terms & Conditions

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AxisRemit UK
Terms & Conditions
Effective From: 16th August 2015
Issue Date: 16th August 2015
Contents
1.
Definitions ........................................................................................................................................... 3
2.
Eligibility and Usage ........................................................................................................................ 3
3.
Authorization ..................................................................................................................................... 4
4.
Liabilities and Responsibilities of the User .................................................................................. 5
5.
Indemnity ........................................................................................................................................... 5
6.
Accuracy of Information ............................................................................................................... 5
7.
Termination ........................................................................................................................................ 6
8.
Disclaimers ......................................................................................................................................... 6
9.
Modification / Alterations to the Facility ................................................................................... 7
10.
Confidentiality .............................................................................................................................. 7
11.
Data Protection ............................................................................................................................ 8
12.
Credit Reference Agencies and Fraud Prevent Agencies .............................................. 9
13.
Right to receive a copy of Your Information ....................................................................... 9
14.
Complaints and Other information ........................................................................................ 9
15.
Use of cookies and other information: ................................................................................ 10
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1. Definitions
1.1. The following words and phrases shall have the meanings set out herein below in this
document unless repugnant to the context:
1.2. "Account(s)" shall mean a bank account maintained by the user with any UK Bank .
1.3. “Bank”, “we, “us”, “our”, “ourselves” and “Branch(s)” refers to Axis Bank UK Limited and
it’s branch within the United Kingdom having registered office at 4th Floor, Kings House,
36-37 King Street, London EC2V 8BB. Axis Bank UK Limited is authorised by the Prudential
Regulation Authority and regulated by the Financial Conduct Authority and the
Prudential Regulation Authority, and our company registration number is 7554558;
1.4. "Facility" shall mean the mobile remittance service/ facility provided by the Bank to
transfer funds to any Bank account in India in Indian Rupees.
1.5. "Mobile Phone Number" shall mean the number specified by the User during registration
for the purpose of availing the facility.
1.6. "Mobile Phone" shall mean the handset and the SIM card along with the accessories
and necessary software for the GSM and CDMA phones, which is owned by the user.
1.7. "Personal information" shall mean any information about the user provided by the user
and obtained by the Bank in relation to the facility.
1.8. "User" shall mean a user of the Bank who has applied for mobile remittance service of
the Bank and who is authorized to use the same.
1.9. “PIN” shall mean the number User will be setting up to access the Facility
1.10.
App : AxisRemit UK app through which a customer access the facility as
mentioned above.
For the purposes of this document all reference to the user in masculine gender shall be
deemed to include feminine gender also.
2. Eligibility and Usage
2.1. Please ensure you being a user read and accept these terms and conditions to use The
App for remitting funds to India. User can download a copy of the latest terms and
conditions from our website www.axisbankuk.co.uk.
2.2. The facility allows user to transfer funds from his UK GBP denominated debit card to a
Bank account in India of £1 or more (upper limit as displayed by the Bank on its website
www.axisbankuk.co.uk) in Indian Rupees at pre-confirmed exchange rate using mobile
app on his phone.
2.3. The facility is only available to persons aged 18 years and above residing in the UK. User
must have a UK current account with GBP debit card facility to use this service and can
register to make payments to an individual in India; registration is subject to satisfactory
completion of KYC checks as per Bank’s internal policy. Payment to businesses and
charities are not allowed.
2.4. Once registered, user can make payments by giving us the recipient’s account details
or mobile number (before doing this, please check whether recipient is happy for his
number to be shared in this way and ensure the number recipient use is current and
correct as we will not be responsible if user sending money to the wrong payee). If the
recipient’s mobile number is not registered to receive funds in India, we will send a
message to recipient’s mobile number to register his India account details with us.
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2.5. The App only works with compatible devices running Android 2.2 and above, iOS 4.2
and above. User may need to upgrade the operating system on his device if we
change the version(s) we support. User may not be able to install or use the App on a
jail-broken or rooted device. Some features may not be available on all platforms or
operating systems. User may be charged by his service provider for internet access on
his Smartphone.
2.6. The User should have registered his current Mobile Phone Number for using remittance
services via secured channel with the Bank. The Facility shall be made available to the
User subject to the condition that he downloads the application, successfully installs it
and thereafter authenticates himself with the applicable credentials and finally sets his
pin.
2.7. This Facility shall be made available only to the Customers satisfying the eligibility criteria
and shall be provided at the sole discretion of the Bank and may be discontinued by
the Bank at any time, with prior notice to the customer. The Customer understands and
accepts that any other condition that is a pre-requisite to access the Facility, including,
but not limited to a Mobile Device, Data Connection, etc. will be the sole responsibility
of the User.
2.8. Exchange Rate: Applicable exchange rate is the rate displayed on the screen at the
time of execution of transaction for converting funds from GBP to INR.
2.9. Fees and Charges: User should refer our schedule of charges displayed on our website
www.axisbankuk.co.uk. Charges will also be displayed on the App screen before
executing the transaction.
2.10.
Transaction Amount: There is limit to transfer maximum amount, which is subject
to change on Bank’s discretion. Please check our website www.axisbankuk.co.uk for
more details.
2.11.
Transaction History: User can access previous remittance transaction history and
account details by logging into the App.
3. Authorization
3.1. The User irrevocably and unconditionally authorizes Bank to access his debit card
registered for the service to transfer funds to India.
3.2. The User expressly authorizes 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 to the user for the purpose of identity check, card check etc.
3.3. The authority to record the transaction details is hereby expressly granted by the User to
the Bank. All records of the Bank generated by the transactions arising out of use of the
Facility, including the time of the transaction recorded shall be conclusive proof of the
genuineness and accuracy of the transactions.
3.4. The User authorizes the Bank to send any rejection message, if it finds that the request
sent by the User is not as per the Bank's requirement.
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4. Liabilities and Responsibilities of the User
4.1. The user shall be responsible for the accuracy of any information provided by him for
availing the facility.
4.2. The User is solely responsible for protecting his registered mobile phone and pin for the
use of the Facility.
4.3. The user shall be liable to the Bank for any kind of unauthorized or unlawful use of any of
the above mentioned passwords or of the said facility. Any fraudulent or erroneous
instruction given and any financial charges thus incurred shall be payable by the User
only.
4.4. The User accepts that for the purposes of the said facility any transaction emanating
from the given mobile phone and mobile number shall be assumed to have initiated by
the User.
4.5. The User shall request the Bank immediately, to suspend the said facility or change
mobile number, if his mobile phone has been lost or has been allotted to some other
person. Also he shall be obliged to inform the Bank about any change in the mobile
number or any unauthorized transaction in his account of which he has knowledge.
4.6. It shall be the responsibility of the User to update him with regard to any information
relating to the services as the Bank may decide to change features under the said
facility. The Bank shall not be responsible for any disregard on the part of the user.
4.7. The user shall be liable for all loss if he has breached the terms and conditions contained
herein 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 unauthorized access in the
account.
5. Indemnity
5.1. User agrees that he will not misuse or permit others to access app with his registration
details using his log in privileges. Should User do so, the Bank reserves the right to
withdraw his rights to use the service and he will hold the Bank indemnified against any
and all losses incurred as a result of his actions.
5.2. The user shall indemnify and hold the bank harmless against all actions, claims,
demands, proceedings, losses, 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 by reason of arising out of providing the facility or by reason of the Bank in good faith
taking or refusing to take or omitting to take action on any instruction given by the User.
6. Accuracy of Information
6.1. The User takes the responsibility for the correctness of the information supplied by him to
the Bank through the use of the said facility or through any other means such as
electronic mail or written communication.
6.2. The User herein accepts that in case of any discrepancy in the information provided by
him with regard to this facility the onus shall lie upon the User only and thus agrees to
furnish accurate information at all times to the bank. If the User suspects that there is an
error in the information supplied by Bank to him, he shall inform the Bank immediately.
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The Bank will endeavour to correct the error promptly wherever possible on a best effort
basis.
6.3. The Bank shall also not be responsible for any incidental error which occurs in spite of
necessary steps being taken by the Bank to ensure the accuracy of the information
provided to the User and the User shall not have any claim against the Bank in an event
of any loss/damage suffered by the User as a consequence of the inaccurate
information provided by the bank.
7. Termination
7.1. In case the User wishes to terminate the service, he can deregister from the application
by visiting Settings Menu of the application. Notwithstanding the termination of the said
facility, the User shall remain accountable for all the transactions made prior to any such
termination on the user's account.
7.2. The Bank may, at its discretion, withdraw temporarily or terminate the Facility, either
wholly or in part, at any time without giving prior notice to the User. The Bank may,
without prior notice, suspend the 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 Facility. The Bank may suspend or terminate
Facility without prior notice if the User has breached these terms and conditions or the
Bank learns of the death, bankruptcy or lack of legal capacity or issue with the conduct
of the User. Except as otherwise provided by the applicable law or regulation, the Bank
reserves the right to terminate the Facility and/or expand, reduce or suspend the
transactions allowed using this Facility, change the process and transaction limits
associated with this Facility based on security issues, at any time, without any prior notice
to the User.
8. Disclaimers
The Bank shall be absolved of any liability in case:
8.1. The user fails to avail the facility due to force majeure conditions including but not
limited to not being in the required geographical range or any other reason including
natural calamities, legal restraints, any technical lapses in the telecommunication
network or any other reasons beyond the actual control of the Bank, the Bank shall not
be accountable. Also the Bank is herein absolved of any kind of liability arising due to a
loss; direct or indirect incurred by the user or any other person due to any lapse in the
facility owing to the above-mentioned reasons.
8.2. The User is acting in good faith on any transaction instructions received by the Bank;
8.3. There is any unauthorized use of the User's PIN, or Mobile Phone or for any fraudulent,
duplicate or erroneous transaction instructions given by use of the User's PIN or Mobile
Phone;
8.4. There is loss of any information during processing or transmission or any unauthorized
access by any other person or breach of confidentiality.
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8.5. There is any lapse or failure on the part of the service providers or any third party
affecting the said facility and that the bank makes no warranty as to the quality of the
service provided by any such provider.
8.6. The Bank, its employees, agent or contractors, shall not be liable for and in respect of
any loss or damage whether direct, indirect or consequential, including but not limited
to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use
or value of any equipment including software, whether foreseeable or not, suffered by
the User or any person howsoever arising from or relating to any delay, interruption,
suspension, resolution or error of the Bank in receiving and processing the request and in
formulating and returning responses or any failure, delay, interruption, suspension,
restriction, or error in transmission of any information or message to and from the
telecommunication equipment of the User and the network of any service provider and
the Bank's system or any breakdown, interruption, suspension or failure of the
telecommunication equipment of the User, the Bank's system or the network of any
service provider and/or any third party who provides such services as is necessary to
provide the Facility.
8.7. Notwithstanding anything in the contrary provided in this terms and conditions, the Bank
shall not be involved in or in any way liable to the User for any dispute between the User
and a cellular services provider or any third party service provider (whether appointed
by the Bank in that behalf or otherwise).
8.8. Any loss incurred by the user due to use of the facility by any other person with an
express or implied permission of the user. The bank shall not be held responsible for the
confidentiality, secrecy and security of the personal or account information being sent
through the facility for effecting the user's instructions.
8.9. The bank shall not be held liable for any loss suffered by the user due to disclosure of the
personal information to a third party by the Bank, for reasons inclusive but not limited to
participation in any telecommunication or electronic clearing network, in compliance
with a legal directive, for statistical analysis or for credit rating.
9. Modification / Alterations to the Facility
The Bank reserves the absolute discretionary right to make any amendments in the given terms
and condition at any time as it may deem fit without any prior notice to the user. Any such
amendment shall be communicated to the user by displaying on the website
http://www.axisbankuk.co.uk; and the User shall be bound by such amended terms and
conditions.
10. Confidentiality
We treat all our users personal information as private and confidential (even when he is no
longer a user). Information we hold about the User and beneficiary, will not be disclosed to
anyone unless:


we are legally required to disclose;
we have a public duty to disclose;
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Our interests mean we must give the information to prevent fraud. However, we will not use this
as a reason for giving information about user (including your name and address) to anyone else
outside the group, for marketing purposes without user’s consent;
11. Data Protection
The Bank is a data controller registered with the Information Commissioner under number
Z3658800.In order to provide user with bank accounts and other products and services we need
to collect, use, share and store personal information about user and his transactions (“User
Information”). This section explains how we will use user’s Information
11.1.
“User’s Information”: “User’s Information” includes information which we
obtain from user or from third parties, such as credit reference agencies, fraud
prevention agencies or other organizations when user apply for mobile remittance
service with us or for any of our other products or services, or which user or they
give to us at any other time; or
 learn from the way in which user’s details with us are administered and managed,
from the transactions made such as the date, amount, currency and the name
of beneficiary and from the payments which are made .
11.2.
How We Use User’s Information: We and other companies associated with the
Bank will use User’s Information (if required) to process and store his registration
details, manage his transaction, give him statements and provide our services and
products, to prevent and detect fraud, money laundering and other crime, to carry
out regulatory checks, to meet our obligations to any relevant regulatory authority, to
develop and improve our services to the User, to recover debts and to protect our
interests.
11.3.
Information used for Marketing Purposes: We and other group companies of Axis
Bank may use User’s Information to inform him by letter, telephone, fax, text
messages, , email and other electronic methods about products and services (including
those of others) which may be of interest to you. If the User do not want us or other
members of Axis Bank to contact him about such products and services user please let
us know.
11.4.
“Your Information”, we may share with Third Parties: We may share Your
Information with the following third parties, wherever located:







other companies within Axis Bank group of companies (which means our Principals or
our Subsidiaries);
our partners and companies and organisations that provide services to us or assist us
or act as our agents including but not limited to sub-contractors and professional
advisors;
anyone to whom we may transfer our rights and/or obligations
under any
agreement we have with you;
your advisers (including but not limited to accountants, lawyers or other professional
advisors) who are authorised by you;
credit reference agencies and fraud prevention agencies;
where it is our duty to do so, or if law or regulation allows us to do so.
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Other than the reasons above Your Information shall not be disclosed to anyone unless the
disclosure is made with User’s consent.
11.5.
Transfer of Information Overseas: User’s information may be transferred to another
company of the Bank group of companies or to a service provider or agent in another
country (including countries outside the EEA) for the purposes stated in condition 2
above. We will make sure that our group companies, service providers or agents agrees
to apply the same levels of protection as we are required to, to User’s Information and
to use information in accordance with our instructions.
12. Credit Reference Agencies and Fraud Prevent Agencies
12.1. We may give user’s Information to and receive information from credit reference
agencies and fraud prevention agencies for meeting regulatory requirements.
12.2. We and other organisations may access user’s information to prevent and detect fraud,
money laundering and other crimes, insurance policies and insurance claims and to
recover debts.
12.3. Any information held about user by the credit reference agencies may already be
linked to records relating to his partner or members of his household where a financial
“association” has been created. Any enquiry we make at a credit reference agency
may be assessed with reference to any associated records.
12.4. Credit reference agencies keep a record of our enquiries and may record, use and
give out information we give them to other financial institutions, insurers and other
organisations. If false or inaccurate information is provided or fraud is suspected details
may be passed to fraud prevention and credit reference agencies. Law enforcement
agencies may access and use this information. The information recorded by fraud
prevention agencies may be accessed and used by organisations in a number of
countries including the UK. We can provide the names and addresses of the credit
reference and fraud prevention agencies we use if user would like a copy of his
Information held by them. Please contact us in writing to our Head Office, or branch
offices if user wants to receive such details.
13. Right to receive a copy of Your Information
User can ask for a copy of his information by writing to us. Administration fee may have to be
borne by the user to meet our costs in providing him with details of Information. Details of this
charge are set out in our Schedule of Charges.
14. Complaints and Other information
14.1. If user have a complaint please write in the first instance to the branch. We have
procedures designed to resolve user’s complaint effectively. If user require we can give
him a leaflet describing these procedures at any time. These can also be accessed from
our website.
14.2. We are a member of Financial Ombudsman Services (FOS). If user make a complaint
and is not satisfied with the final response we give under our internal complaint
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procedure, user can ask the complaint to be resolved by the Ombudsman. User can
contact FOS by writing to the “Financial Ombudsman Services, South Quay Plaza, 183
Marsh Wall, London E14 9SR, (Tel 0845 080 1800)”; Website: www.financialombudsman.org.uk.; Email: complaint.info@financial-ombudsman.org.uk
15. Use of cookies and other information:
The App uses cookies and similar technologies (‘cookies’) when user register, to authenticate
user, and to generally improve user’s experience on AxisRemit UK. By using AxisRemit UK, user
accepts our use of cookies as set out here. We use these cookies to collect information about
use of this App, for example, which areas user use most often and if user receive any error
messages. This information helps us improve the App’s performance and user experience and to
develop our products and services for other users. This information may also be used to help us
provide more meaningful and relevant communications.
Certain functionality (such as uploading or downloading content to the App) will need to
access information on user’s device to work. By using such functionality, user consent to the App
accessing their device and information. If we can, we will ask user before the App accesses their
device or information.
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