These Terms and Conditions are applicable to the Customers of WhatsApp, which apply to customers (defined hereinafter) who avail the Services (defined hereinafter) provided thereon by SHIVALIK SMALL FINANCE BANK LTD. ("Bank") on the WhatsApp platform who are eligible for banking services and shall be deemed to include any amendments/ changes/ modifications thereto from time to time by the Bank (“Terms and Conditions”). These Terms and Conditions supplement any other terms and conditions set forth by the Bank on its website (www.shivalikbank.com) regarding the account or any other products, services, facilities, or offers provided by the Bank and used by the Customer.
The Bank may offer certain Services to Customers on the WhatsApp platform at its discretion and/or based on the Customer's eligibility criteria.
Further, in case of inconsistency between WhatsApp Terms and Conditions and any specific terms and conditions pertaining to a specific account variant or any specific service/ product/ or offer, the specific terms and conditions of that service/ product/ or offer shall prevail.
Bank will use WhatsApp Messenger (“WhatsApp/ Service/ Facility”) as an additional channel to communicate with customers from time to time for selected communications and will be free to expand scope of communications from time to time.
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 authorisations 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.
Eligibility for using the Services
The Customer hereby agrees and undertakes that he/she shall use the Services only if he/she fulfils the eligibility as given below:
Applicability of WhatsApp Terms and Conditions
These WhatsApp Terms and Conditions form a contract between the Customer and Bank. By applying and opting in for the Services, the Customer agrees and confirms to have accepted the WhatsApp Terms and Conditions applicable to the Customer for availing the Services mentioned herein;
The Customer agrees that the Bank may modify the process for authentication, registration and/or verification of the Customer, for One Way Communication and/or Two-Way Communication, at any time, at its sole discretion.
No act, delay or omission by the Bank shall affect its rights, powers and remedies under these Terms and Conditions and other terms on the Bank Website (https://www.shivalikbank.com/), hereinafter referred to as “Website”.
The Customer 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 Customer, will be governed by and subject to these WhatsApp Terms and Conditions. Further, the Customer hereby agrees that the Customer grants express authority to the Bank for carrying out the Services requested by the Customer on WhatsApp on its Registered Bank Number Provided however that the Bank shall not be required to authenticate the Customer.
The Bank will take consent on the basis of customer’s registered mobile number and in any case, customer having single mobile number linked with several bank account numbers of the bank then this consent will be valid for all accounts linked with the mobile number.
Note*: IF any account is a Joint account with MOP either or survivor then both the account holders from their registered mobile number can access Watts app banking .
Registration and Verification
For availing the One-Way Communication and Two-Way Communication service, the Customer agrees and confirms to have accepted.
De-Registration of Services
The Customer shall immediately notify Bank in writing if Customer discovers/ suspects, unauthorized access. The Bank shall not be responsible or liable to the Customer or any third party for the consequences arising out of or in connection with using of the Services. The Customer should immediately opt-out of the Services De-registration process as detailed. in clause 8 above.
WhatsApp as an Independent Third-Party Application
WhatsApp is owned and controlled by an independent third party which is not affiliated with the bank. The Customer shall be solely responsible and shall have to adhere with and be guided by their privacy policies and the Bank has no control over it nor is the bank is 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 Bank does not validate and is not accountable for any ads, content, products, advice, opinions, recommendations or other material of third-party sites and/or applications that may be promoted via advertising within any social media properties. The user fully understands that the bank is not advertising the product or services of WhatsApp or of any endorsement etc appearing thereon.
The Customer further understands and agree that WhatsApp or any other service provider through which we are providing the Services on WhatsApp may review and monitor, store the contents shared/communicated through the WhatsApp or other service provider(s) and may share the same with third parties. Hence, we strongly recommend that you:
Disclaimer of Liability
Bank shall not be responsible for any failure on the part of the Customer to utilize the WhatsApp facility due to the Customer not being within the geographical range within which the WhatsApp facility is offered and which forms part of the roaming network of such cellular service provider, providing Services to the Customer availing such roaming facility from the respective cellular service provider. If the Customer has reason to believe that the mobile phone number is / has been allotted to another person and / or there has been an unauthorized transaction in the Account and / or his mobile phone handset is lost, he/she shall immediately inform Bank of the same
The Customer agrees that Bank shall not be liable if:
Bank shall endeavour to carry out the instructions received from the Customer through WhatsApp promptly, provided that Bank, shall not be responsible for the delay in carrying out such instructions due to any reason whatsoever, including, but not limited to, failure of operational system or any requirement of law or Bank’s internal policies.
The Customer accepts that each WhatsApp communication may contain certain account information relating to the Customer. The Customer authorizes Bank to send Account related information, though not specifically requested, if Bank deems that the same is relevant.
Bank shall not be held responsible for the confidentiality, secrecy and security of the personal or Account information being sent through the WhatsApp platform. The Customer agrees that the access to the Services on WhatsApp shall be only through the Registered Customer Number and any transaction which originates from the same, whether initiated by the Customer or not, shall be deemed to have originated from the Customer.
Under no circumstance, Bank shall be held liable if the Services on WhatsApp facility is not available for reasons including but not limited to natural calamities, epidemic/pandemic, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of Bank. Bank shall not be liable under any circumstances for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the Customer or by any other person. Illegal or improper use of the WhatsApp shall render the Customer liable for payment of financial charges as decided by Bank or will result in suspension of the Services on WhatsApp for the Customer.
Bank is in no way liable for any error or omission in the services provided by any cellular or any third-party service provider (whether appointed by Bank in that behalf or otherwise) to the Customer, which may affect the Services on WhatsApp facility. Bank makes no representation or gives no warranty with respect to the quality of the service provided by any cellular service provider or by WhatsApp or any other service provider enabling Bank to deliver Services through WhatsApp to the Customers.
Bank does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through WhatsApp Bank makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the Customer or by any person resulting from or in connection with the WhatsApp.
Without limitation to the other provisions of these WhatsApp Terms and Conditions, 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 Customer or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of 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 Customer and the network of any cellular service provider and Bank's system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the Customer, Bank's system or the network of any cellular service provider and/or any third party who provides such services as is necessary to provide the WhatsApp.
Notwithstanding anything to the contrary provided in these WhatsApp Terms and Conditions, Bank shall not be involved in or in any way liable to the Customer for any dispute between the Customer and a cellular 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 platform.
The Customer shall not interfere with or misuse in any manner whatsoever the Services on WhatsApp facility and in the event of any damage due to improper or fraudulent use by the Customer, the Customer shall be liable for damages to Bank or for any losses suffered by the Bank.
The Customer is solely responsible for protecting his/her OTP/debit card PIN/ password or mobile phone number and any other password and/or any other mode of verification as prescribed/ issued by Bank for the use of the Services on WhatsApp facility from time to time without any liability of Bank in this regard. The Customer hereby agrees and accepts that he/she shall at all times be solely responsible for the protection and safe keep of his/her SIM card, device and the applications installed thereon, specifically WhatsApp, login IDs, Customer 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 arising out of any action or omission because of compromise of the same in any manner whatsoever.
The Customer agrees that the Bank assumes no liability whatsoever in case of any event of such compromise of the Customer’s WhatsApp account and the Bank shall not be held responsible for any such event. Further, the Customer agrees and understands that WhatsApp can also be logged on from more than one device at the same time, including by using web log in and the Customer is aware of the risk in this regard while availing the Services such as compromise of Customer Information, breach of security of the Customer’s WhatsApp account from a device other than the Customers and the Customer undertakes to be vigilant and careful and takes full responsibility for the security of his/her 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.
Bank will not be liable for:
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.
The Customer shall agree to indemnify, defend and hold harmless the Bank and its directors, officers, owners, agents, employees 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 the actions of the User including:
Withdrawal of Services
The Bank shall be entitled to 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.
The Customer 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 service providers. The permission given by the Bank to avail of the Services to the Customer will/ does not create or convey any rights, title or interest to the Customer or to any person, in the above software or Intellectual Property Rights of the Bank. The Customer agrees that he shall not attempt to modify, translate, disassemble, decompile or reverse engineer such software or create any derivative product based on the software.
The Customer hereby expressly authorize and give consent to the Bank to collect, share, exchange, disclose, transfer or part with any of Account information or personal data, contained provided to/ available with the Bank, when the bank considers such disclosure as necessary or expedient, with:
The Customer understands and agrees that the Bank has deployed processes and technology to prevent unauthorized use or accidental disclosure of the Customer Information or any other data pertaining to the Customer on WhatsApp. The Customer understands and accepts that by using the Services, the Customer Information, and any other data of the Customer 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 Customer Information or any other data which is stored on therein. The use of such information and data are governed as per WhatsApp Guidelines. The Customer unconditionally and irrevocably agrees and accepts that the Bank is not responsible for any use or compromise in such Customer Information/ data outside the control of the Bank and acknowledges that the Customer is providing the Customer information at his own free will and risk.
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 India.
The User agree to submit to the exclusive jurisdiction of the Courts located in Noida, India as regards any claims or matters arising under these Terms and Conditions. The Bank may, however, in its absolute discretion, commence any legal action or proceedings arising out of these Terms and Conditions in any other court, tribunal or other appropriate forum, and the User hereby expressly consents to such jurisdiction. If any provision of these Terms and Conditions is deemed to be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of these Terms and Conditions affect such provision in any other jurisdiction.
Bank accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Services on WhatsApp can 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 operations in the account/s/services/offers provided to the customer and / or the use of the Services on WhatsApp.
The Bank and the User may give notices under these Terms and Conditions Electronically to the email id, mobile number of the User registered with the Bank and/or through WhatsApp. in writing by delivering them by hand or by sending them by post to the last address given by the User and in the case of the Bank to the address mentioned herein below:
Shivalik Small Finance Bank Ltd. 6th Floor, Tower- 3, India Glycols Building,Plot no. 2B, Sector 126, Noida (U.P.) – 201304.
In addition, the Bank may also publish notices of general nature from time to time, 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 each User.
The Customer wishes to avail the banking facilities/products from Shivalik Small Finance Bank Limited (“the Bank”) and confirm having read and understood the Terms and Conditions. The customer shall be responsible for regularly reviewing these terms and conditions including amendments thereto as may be posted on the website.
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