Terms and Conditions

11/29/13
Terms and Conditions
Term and Conditions

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NOTICE Your use of this website constitutes your agreement to be bound by these TERMS of use. By using this website you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site.
1. Definitions In this document the following words and phrases have the meaning set opposite them unless the context indicates otherwise:
BANK refers to Punjab National Bank, a body corporate constituted in India under the Banking Companies (Acquisition and Transfer of Undertakings) Act No. 5 of 1970 and having its Head Office at 7, Bhikhaiji Cama Place, New Delhi 110066 and includes its successors and assigns.
WEBSITE means website of the Bank with URL: http://www.pnbindia.com and/or http://www.netpnb.com
USER refers to a customer of the BANK authorised to use Internet Banking Services available on BANK's website with URL:http://www.pnbindia.com and/or http://www.netpnb.com
" INTERNET BANKING " refers to the Internet banking service offered by BANK to the user including services such as enquiry about balance in the Account, details about transactions in the Account(s), statement of Account, transfer of funds, bill payment and any other service as the BANK may decide to provide from time to time through Internet.
"Internet Banking Account refers to the USER's Savings and/ or Current Account and/ or any other type of account so designated by the BANK to be eligible account(s) for operations through the use of Internet Banking Channel.
PERSONAL INFORMATION refers to the information about the USER obtained in connection with the Internet Banking Service.
TERMS refer to Terms and Conditions for use of Internet Banking Services as specified in this document. 2. Applicability of TERMS These TERMS form the contract between the USER using the Internet Banking services and the BANK. The
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user shall apply to BANK in the prescribed form for use of Internet Banking. By applying for Internet Banking Services and accessing the service the USER acknowledges and accepts these TERMS. Any conditions relating to the accounts of the customer other than these TERMS will continue to apply except that in the event of any conflict between these TERMS and the account conditions, these TERMS will continue to prevail. The agreement shall remain valid until it is replaced by another agreement or terminated by either party or the account is closed , whichever is earlier. The user agrees that in the event the user avails of any services offered by BANK through the website: http://pnbindia.com and/or http://www.netpnb.com, the user shall be bound by all the terms and conditions stipulated by BANK pertaining to such services offered by BANK from time to time and availed by the user through the aforesaid website(s).
3. Application for Internet Banking Services
The BANK may offer Internet Banking Service to selected customers at its discretion. The customer would need to be a current Internet user or have legal access to the Internet and knowledge of how the Internet works. The acceptance of the registration and the acknowledgment thereof does not automatically imply the acceptance of application for Internet Banking Services The BANK may advise from time to time the Internet software such as Browser, which are required for using Internet Banking Services. There will be no obligation on the part of the BANK to support all the versions of these Internet softwares and their updates.
4. Internet Banking Services
The BANK shall endeavor to provide to the USER through Internet Banking services such as inquiry about the balance in his account(s), details about transactions, Statement of Account, Request for issue of cheque-books, Request for transfer of funds between accounts of the same USER and many other facilities as the BANK may decide to provide from time to time. These facilities shall be offered in a phased manner at the discretion of the BANK. The Bank at its sole discretion may also make additions/ deletions to the Internet Banking Services being offered. The availability/ non-availability of a particular service shall be advised through email, web page of the BANK or written communication. The BANK shall take reasonable care to, ensure the security of and prevent unauthorised access to the Internet Banking Services using technology reasonably available to the BANK in India. The USER shall not use or permit to use Internet Banking Service or any related service for any illegal, fraudulent, dishonest or improper purposes.
5. Internet Banking Service Access
The USER would be allotted a User-id and a secret password (to be used at the time of login) by the BANK in the first instance. The USER will be required to mandatory change the password assigned by the BANK on accessing Internet Banking Services for the first time. For authentication of the transactions a separate transaction password will be allotted. As a safety measure the USER shall change the password as frequently thereafter as possible. In addition to User-id and Password the BANK may, at its discretion, advise the USER to adopt such other means of authentication including but not limited to digital certification and/ or smart cards issued by licensed or approved Certifying Authorities or vendors.
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The USER shall not attempt or permit others to attempt accessing the account information stored in the computers and computer networks of the BANK through any means other than the Internet Banking Services.
6. Password The USER must: (a) keep the User-id and password totally confidential and not reveal the password to any third party; (b) change the password at the time of first log in; (c) create a password of at least 6 characters long and shall consist of a mix of alphabets, numbers and special characters which must not relate to any readily accessible personal data such as the USER's name, address, telephone number, vehicle number, driver licence etc. or easily guessable combination of letters and / or numbers; (d) commit the user-id and password to memory and not record them in a written or electronic form; and (e) not let any unauthorised person have access to his computer or leave the computer unattended while using Internet Banking Services.
In the event of forgetting of user-id and/or password or expiry/ disability of password(s) USER can request for change of the password by sending a written request to the BANK. The selection of a new password and/ or the replacement of User-id shall not be construed as the commencement of a new contract. The user agrees and acknowledges that BANK shall in no way be held responsible or liable if the user incurs any loss as a result of compromise of User-id and password by the user himself or user has failed to follow the Internet Banking Service instructions as published by the BANK on the website from time to time. User agrees to fully indemnify and hold harmless BANK in respect of the same.
7. Joint Accounts
The Internet Banking Services will be available in case of joint accounts only if the mode of operation is indicated as 'either or survivor' or 'anyone or survivor' or 'former or survivor'. For 'former or survivor' account, user-id will be issued only to the 'former'. For 'either or survivor' and 'anyone or survivor' accounts one user-id will be issued to one of the joint account holders. The other joint account holder(s) shall expressly agree with this arrangement and give their consent on the application form for use of Internet Banking Services. In case of 'either or survivor' and 'anyone or survivor' accounts if any of the joint account holder(s) gives "stopping of operations" instructions for the use of Internet Banking Service in writing, on any of the Internet Banking Service -accounts held jointly by them, the Internet Banking Services will be discontinued for the USER. In case of 'former and survivor' account, such instructions cannot be issued by other account holder. All transactions arising from the use of Internet Banking in the joint account shall be binding on all the joint account holders, jointly and severally notwithstanding that one amongst such joint account holders only operates the accounts through Internet Banking Services.
8. Requirement of Minimum Balance
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The USER shall maintain, at all times, such minimum balance in Internet Banking account(s), as the BANK may stipulate from time to time. The BANK may, at its discretion, levy penal charges for non-maintenance of the minimum balance. The BANK may withdraw the Internet Banking Services facility, if at any time the amount of deposit falls short of the required minimum as aforesaid and/ or if the other charges remain unpaid, without giving any further notice to the USER and/ or without incurring any liability or responsibility whatsoever by reason of such withdrawal.
9. Charges
The Bank at its discretion from time to time may specify charges for usage of Internet Banking Services and/or additional charges for selected services, which will be advised to the USER at the time of opening the account and also be published on the Web site of the BANK. All out of pocket expenses where ever applicable will be borne by the user. The USER/USER and the other account holder(s) (in case of joint accounts) authorize(s) to recover all charges related to Internet Banking Services as determined by the BANK from time to time by debiting any of the USER's account(s) and any of the other joint account holder'(s) account(s). Any further change in the charges/fees shall be notified on the Bank's website.
10. Funds Transfer
The USER shall not use or attempt to use Internet Banking Services for funds transfer - as and when the facility is made available to him, if he has insufficient funds in his Internet Banking Services account or without a pre-existing arrangement with the Bank for the grant of an overdraft facility. The BANK will endeavor to effect such funds transfer transactions received through Internet Banking Services provided there are sufficient funds available in the USER's account. The BANK shall not be liable for any omission to make all or any of the payments or for late payments due to circumstances beyond the reasonable control of the BANK In the event of overdraft created due to oversight/inadvertently, the USER will be liable to pay the interest on such over drawn amount, as decided by the BANK from time to time.
11. Authority to the Bank
Banking transactions in the User's account(s) are permitted through Internet, only after authentication of the User-id and password of the USER. The USER (along with the joint account holder, if any) grants express authority to the BANK for carrying out the banking transactions performed by him through Internet Banking Services. The BANK shall have no obligation to verify the authenticity of any transaction received from the USER through Internet Banking Service or purporting to have been sent by the USER via Internet Banking Services, other than by means of verification of the User-id and the password. The display or printed output that is generated by the USER at the time of operation of Internet Banking Services is a record of the operation of the Internet access and shall not be construed as the Bank's record of the relative transactions. The Bank's own records generated by the transactions arising out of the use of the Internet Banking, including the time the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transaction and shall be accepted as conclusive and binding for all purposes. While BANK shall endeavour to carry out the instructions promptly, it shall not be responsible for any delay in carrying on the instructions due to any reason whatsoever, including due to failure of operational systems or any requirement of law. All transactions arising from the use of Internet Banking Services to operate a joint account, shall be binding on all the joint account holders, jointly and severally, notwithstanding that one amongst such joint account holders only operates the accounts through Internet Banking Services.
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12. Instructions
All instructions for Internet Banking shall be given, through computer system or otherwise as advised by BANK for the purpose, by the user in the manner indicated by BANK. The user is also responsible for the accuracy and authenticity of the instructions provided to BANK and the same shall be considered to be sufficient to operate the Internet Banking. The BANK shall not be required to independently verify the instructions, and the instruction shall remain effective till such time the same is countermanded by further instructions by the user. BANK shall have no liability if it does not or is unable to stop or prevent the implementation of an instruction, which is subsequently countermanded. Where BANK considers the instructions to be inconsistent or contradictory it may seek clarification from the user before acting on any instruction of the user or act upon any such instruction as it deems fit. BANK states that it has no liability or obligation to keep a record of the instructions to provide information to the user or for verifying user's instructions. BANK may refuse to comply with the instructions without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any instruction and have the right to suspend the operations through the Internet Banking if it has reason to believe that the user's instructions will lead or expose to direct or indirect loss or may require an indemnity from the user before continuing to operate the Internet Banking. Any instruction, order, direction, request entered using the password of the user shall be deemed to be an instruction, order, directive, request received from the user. All instructions, requests, directives, orders, directions, entered by the user, either electronically or otherwise, are based upon the user's decisions and are the sole responsibility of the user. The user understands that entering an instruction, direction, order, request with BANK, either electronically or otherwise, does not guarantee execution of such instruction, direction, order or request. BANK shall not be deemed to have received any instruction, direction, order, request electronically transmitted by the user until it confirms the receipt of such instruction, direction, order, request.
13. Accuracy of Information
The USER is responsible for the correctness of information supplied to the BANK through the use of Internet Banking Services or through any other means such as electronic mail or written communication. The BANK accepts no liability for the consequences arising out of erroneous information supplied by the USER. If the USER suspects that there is an error in the information supplied to the BANK by him, he shall advise the BANK at the earliest. The BANK will endeavor to correct the error wherever possible on a 'best efforts' basis. If the USER notices an error in the account information supplied to him through Internet Banking Service, he shall advise the BANK at the earliest. The BANK will endeavor to correct the error promptly and adjust any interest or charges arising out of the error.
14. Liability of the USER and the BANK
If the USER has complied with the TERMS and advises the BANK in writing under acknowledgment of an authorized person of the Bank, immediately after he/she suspects that his/her User-id or password is known to another person and/ or notices an unauthorised transaction(s) in his account, he/she shall not be liable for losses arising out of the unauthorised transaction(s) occurring in the accounts after the receipt of such advice by the BANK. The USER shall be liable for all loss from unauthorised transactions in the account(s) if he/she has breached the Terms and conditions or contributed or caused the loss by negligent actions such as the
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following: In disclosing or failing to take all reasonable steps to prevent disclosure of the User-id and/or password to anyone including BANK staff and/ or failing to advise the BANK of such disclosure within a reasonable time and/or Not advising the BANK in a reasonable time about unauthorised access to or erroneous transactions in the account(s) through the Internet Banking Services. The BANK shall not be liable for any unauthorised transaction(s) occurring through the use of Internet Banking Services which can be attributed to the fraudulent, dishonest or negligent conduct of the USER. The BANK shall not be liable to the account holder(s) 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 account holder(s) or any other person, if Internet Banking Services access is not available in the desired manner 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(s) beyond the control of the BANK. The Bank shall endeavor to take all reasonable steps to maintain secrecy and confidentiality of its customers' account(s) and data but shall not be liable to the account holder(s) for any damages whatsoever caused on account of breach of secrecy/ confidentiality due to unauthorised access, damage, disruption, hacking or technological lapses in the system. The bank shall not be liable for any loss due to unauthorized transfer of funds through unauthorised access, phishing attacks, hacking or by way of any other cyber attacks etc.
15. Disclaimer of Warranties
The user expressly agrees that use of the website is at its sole risk and cost. The services offered on the website is provided on an "as is" and "as available" basis. Except as warranted in the TERMS, BANK expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement in Internet Banking. BANK does not warrant that access to the website and Internet Banking shall be uninterrupted, timely, secure, or error free nor does it make any warranty as to the results that may be obtained from the website or use, accuracy or reliability of Internet Banking. BANK will not be liable for any virus or computer contaminant that may enter the user's system as a result of the user using Internet Banking. BANK does not guarantee to the user or any other third party that Internet Banking would be virus or computer contaminant free.
16. Indemnity
In consideration of BANK providing the user the Internet Banking, the user shall, at his own expense, indemnify and hold BANK, its directors and employees, representatives, agents and/or sub-agents as the case may be, indemnified against all losses and expenses on full indemnity basis which BANK may incur, sustain, suffer or is likely to suffer in connection with BANK execution of the user's instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason of providing a service through Internet Banking for any action taken or omitted to be taken by BANK, its officers, employees, agents and/or sub-agents on the instructions of the user. The user will pay BANK such amount as may be determined by BANK to be sufficient to indemnify it against any such, loss or expenses even though they may not have arisen or are contingent in nature. Further, the user agrees, at its own expense, to indemnify, defend and hold harmless BANK, its directors and employees, representatives, agents, and sub-agents against any claim, suit, action or other proceeding brought against BANK, its directors and employees, representatives, agents, and sub-agents by
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a third party, to the extent that such claim, suit, action of other proceeding brought against BANK, its directors and employees, representatives, agents, and sub-agents is based on or arises in connection with the user of Internet Banking with reference to: (i) a violation of the TERMS contained herein by the user; (ii) any deletions, additions, insertions or alterations to, or any unauthorized use of, Internet Banking by the user; (iii) any misrepresentation or breach of representation or warranty made by the user contained herein; or (iv) any breach of any covenant or obligation to be performed by the user hereunder. The user agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
The user hereby agrees that under no circumstances, BANK's aggregate liability for claims relating to Internet Banking, whether for breach of in tort (including but not limited to negligence) shall be limited to the transaction charges/fees or consideration paid, if any by the user within the previous six (06) months for Internet Banking, excluding any amount paid towards transactions.
17. Disclosure of PERSONAL INFORMATION
The USER agrees that the BANK or its contractors/sub-contractors may hold and process his PERSONAL INFORMATION on computer, computer network or otherwise in connection with Internet Banking Services as well as for statistical analysis and credit scoring. The USER also agrees that the BANK may disclose, in strict confidence, to other institutions, such PERSONAL INFORMATION as may be reasonably necessary for reasons inclusive of, but not limited to, the following: for participation in any telecommunication or electronic clearing network in compliance with a legal directive for credit rating by recognised credit rating agencies for fraud prevention purposes for prevention of money laundering
18. Proprietary Rights
The USER acknowledges that the software underlying the Internet Banking Services as well as other Internet related software which are required for accessing Internet Banking Services are the legal property of the respective vendors. The permission given by the BANK to access Internet Banking Services will not convey any proprietary or ownership rights in the above software. The USER shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying Internet Banking Services or create any derivative product based on the software.
19. Change of Terms and Conditions
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The BANK has the absolute discretion to amend or supplement any of the TERMS at any time. The BANK may introduce new services within Internet Banking Services from time to time. The existence and availability of the new functions will be notified to the USER as and when they become available. By using these new services, the USER agrees to be bound by the terms and conditions applicable. The user shall be responsible for regularly reviewing these TERMS including amendments thereto as may be posted on the website. If in the opinion of the user, the changes are to his disadvantage, the user may at his discretion opt to close the Account and/or discontinue with the Internet Banking, intimating BANK of the same.
20. Non-Transferability
The grant of facility of Internet Banking Services to a USER is not transferable under any circumstance and shall be used only by the USER.
21. Termination of Internet Banking Service
The USER may request for termination of the Internet Banking Services facility any time by giving a written notice. The USER will remain responsible for any transactions made on his/her account(s) prior to the time of such cancellation of the Internet Banking Services. The bank may withdraw the Internet Banking facility anytime after giving reasonable notice under the circumstances to the user through the web site. The closure of account by the user will automatically terminate the Internet Banking Services. The bank may suspend or terminate the Internet Banking Services without prior notice if the user has committed breach of any of these terms and conditions or the Bank learns of the death, bankruptcy, legal incapacity of the user.
22. Notices
Notices under these terms and conditions may be given by the Bank and the user: Electronically to the mailbox of either party, such notices will be regarded as being in writing or alternatively by delivering them by hand or by sending them by post to the user address as per BANK's records and in case of BANK to the present address mentioned belowOperations Payment and Settlement Division, Punjab National Bank Head Office 4th Floor, 5, Sansad Marg New Delhi-110001 Bank may also publish notices of general nature applicable to all users of Internet Banking Services on its website such notices will have the same effect as a notice served individually to each user. The USER is hereby advised that in the event he chooses to send a notice electronically to the BANK, a true copy of the same notice shall also be delivered to the BANK's aforementioned address either by hand or by post. Notice and instructions will be deemed served 7 days after publication on website or upon receipt in the case of hand delivery, telegram, telex or facsimile.
23. Governing laws and Jurisdiction
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These terms and conditions and/or operations in the accounts of the user maintained by the bank and/or the use of services provided through Internet Banking Services shall be governed by the laws of Republic of India. Bank accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than Republic of India. The mere fact that Internet Banking Service can be accessed through Internet by a user from 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 accounts of the user through Internet and/or the use of Internet Banking Services. The user agrees to abide by prevailing laws in respect of Internet Banking Services applicable in Republic of India. It is the responsibility of the user to comply with any regulations prevailing in the country from where he is accessing the Internet. The Parties hereby agree that any legal action or proceedings arising out of the TERMS for Internet Banking shall be brought in the courts, tribunals or forums at New Delhi in India and irrevocably submit themselves to the jurisdiction of such courts, tribunals or forums.
24. Proprietary and Intellectual Property Rights
The copyright, trademarks, logos, slogans and service marks displayed on the website(s) are registered and unregistered intellectual property rights of Bank or of respective intellectual property right owners. Nothing contained on the website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property displayed on the website(s) without the written permission of Bank or such third party that may own the intellectual property displayed on the website(s). The Bank neither warrants nor represents that the use of materials displayed on the website(s) by the User will not infringe patent, copyright or any intellectual property rights or any other rights of third parties not owned by Bank. Bank grants the right to access the website(s) to the User and use the Internet Banking Services in accordance with these Terms. The User acknowledges that the Services including, but not limited to, text, content, photographs, video, audio and/or graphics, are either the property of, or used with permission by, Bank and/or by the content providers and may be protected by applicable copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of India and other countries, and the applicable Terms and Conditions. The User should assume that everything it sees or reads on the website (collectively referred to as "content") is copyrighted/ protected by intellectual property laws unless otherwise provided and may not be used, except as provided in these Terms, without the prior written permission of Bank or the relevant copyright owner. Any breach of the restrictions on use provided in these terms is expressly prohibited by law, and may result in severe civil and criminal penalties. Bank shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary) over and above all other remedies available to it, to protect its interests therein. The User acknowledges that the software underlying the Internet Banking Services as well as other Internet related software which are required for accessing service are the legal property of the respective vendors. The permission given by Bank to access the Services shall not convey any patent, copyright and licence, proprietary, trade secret or ownership rights or other intellectual property rights in the above software.
25. Force Majeure / Technical Difficulties
The User specifically agrees to hold Bank harmless from any and all claims, and agrees that Bank shall not be liable for any loss, actual or perceived, caused directly or indirectly by government restriction, exchange or market regulation, war, strike, virus attacks, denial of service attacks, equipment failure communication line failure, system failure, security failure on the Internet, unauthorised access, hacking, theft, phishing, or any problem, technological or otherwise or other conditions beyond Bank's control, that might prevent User from accessing/operating or Bank from executing/validating an instruction, order, direction. User further
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agrees that the it will not be compensated by Bank for "lost opportunity" in the form of notional profits/gains on orders, instructions, directions which could not be executed.
26. Links to Websites
This website may contain links to other websites operated by other third parties. Such links are provided for the convenience of the User only and Bank does not control or endorse such websites, and is not responsible for their contents. The use of such website is also subject to the terms of use and other terms and guidelines, if any, contained within each such website. The linked websites are not under the control of Bank and it is not responsible for the contents of any linked website or any link contained in a linked website, advertisements appearing in or Services offered by or any changes or updates to such websites.
27. Amendments and Modifications
The Bank has the absolute discretion to amend or supplement these TERMS herein, by modifying or rescinding any of the existing provisions or conditions or by adding any new provision or condition, by conspicuously posting notice of such amendment on the website or by providing written notice to the User. Continued use of Internet banking Services after such notice will constitute acknowledgment and acceptance of such amendment.
28. Survival of Obligations
The obligations of the Parties under these TERMS shall survive the termination of any Transaction and/or this Agreement.
29. Remedies Cumulative
Except as provided in these TERMS, the rights, powers, remedies and privileges provided in these Terms are cumulative and not exclusive of any rights, powers, remedies and privileges provided by law.
30. No Waiver of Rights
A failure or delay in exercising any right, power or privilege in respect of these TERMS will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
31. Severability
If any provision or condition of these TERMS shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or
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body in India, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions of this Agreement shall not be affected thereby and these TERMS shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.
32. Legality of the Terms
Bank's performance of these TERMS is subject to existing laws and legal process, and nothing contained in these TERMS is in derogation of Bank's right to comply with governmental, court and law enforcement requests or requirements relating to the use of this website by the User or information provided gathered by Bank in respect of such use.
33. General
These TERMS contain BANK's entire arrangement (except as otherwise expressly provided herein) and supersede and replace any previously made proposals, representations, understandings and agreements, express or implied, either oral or in writing between the user and BANK for Internet Banking. The user acknowledges that it has not relied on any representation made by BANK or any of its employees or agents and has made its own independent assessment of Internet Banking. No third party will have any rights or claims under these TERMS.
Agree
Disagree
2012 Punjab National Bank
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