Canara

Definitions: The following words and expressions shall have the corresponding meanings wherever appropriate.

Applicability of Terms and Conditions for UPI Application:

By using Canara Merchant 360 mobile app Facility, the user thereby agrees to these Terms and Conditions form the contract between the User and Canara Bank. BHIM QR facility shall be governed by such terms & conditions as amended by Canara Bank from time to time. These terms and conditions shall be in addition to and not in derogation of the Terms and Conditions relating to any account of the User and / or the respective product or the service provided by Canara Bank unless otherwise specifically stated.

General Business Rules Governing Canara Merchant 360 mobile app facility:

The following Business rules will apply for Canara Merchant 360 mobile app:
• The facility will be available to on-boarded BHIM QR customers having a satisfactorily running Savings / Current / OD / OCC Account etc with the Bank.
• The facility will not be offered to Non Resident Indians.
• The Bank reserves the right to reject a Customer's application for BHIM QR Application facility without assigning any reasons.
• The Customer can request for termination of the BHIM QR Facility by visiting the branch. On successful termination, the customer cannot access the Canara Merchant 360 mobile app, provided by the bank. The Customer shall remain accountable for all the transactions on the designated account made prior to confirmation of any such cancellation request. It shall be the Bank's endeavour to give a reasonable notice for withdrawal or permanent termination of the facility, but the Bank may at its discretion withdraw temporarily or terminate the facility, either wholly or partially, anytime without giving prior notice to the customer. The facility may be suspended due to maintenance or repair work or any breakdown in the Hardware/ Software for Canara Merchant 360 mobile app, any emergency or for security reasons without prior notice and the bank shall not be responsible for any loss/damage to the customer.
• The services offered under the Facility will be automatically terminated if the primary account linked for the BHIM QR facility is closed. The Bank may also terminate or suspend the services under the Facility without prior notice if the customer has violated the terms and conditions laid down by the Bank or on the death of the Customer when brought to the notice of the Bank.

Usage of Facility:

By accepting the terms and conditions while registering for the Canara Merchant 360 mobile app, the User:
• Agrees to use Canara Merchant 360 mobile app for financial and non-financial transactions offered by the Bank from time to time as permitted by the regulator and irrevocably authorizes the respective Bank to credit the respective accounts which have been registered for BHIM QR Facility for all transactions/services undertaken.
• Authorizes the Bank to map the account number and mobile number for smooth operation of the facility offered by the Bank and to preserve the mapping record in its own server or server of any other third party and to use such data at its discretion for providing/enhancing further banking/ technology products that it may offer.
• Agrees that he/ she is aware and accepts that facility offered by the Bank will enable him/her to receive funds using BHIM QR i.e VPA linked to the Account and this will be deemed as bonafide transaction.
• Agrees that the transactions credit using BHIM QR facility will be instantaneous/real time to the VPA linked Account.
• Agrees to acquaint himself/herself with the process for using the facility and validly registered in his/her name only with the Canara Merchant 360 mobile app and undertakes to use the facility only through mobile number which has been used to register for the BHIM QR Facility.
• Agrees that Bank is authenticating the User by using Mobile Number, Passcode and/or can introduce other advanced authentication mechanism such as Finger print authentication etc in future which is acceptable and binding to the user and hence the user is solely responsible for maintenance of the secrecy & confidentiality of the Passcode and unauthorized usage of his/her mobile phone, without any liability to the Bank.
• Confirms that notwithstanding anything mentioned herein, in no event shall the Bank be liable to the user or any other third party affected by the transaction for loss of profits or revenues, indirect, consequential or similar damages arising out of or in connection with the Transaction, materials, information technology services or assistance provided under the Terms & Conditions.
• The User undertakes to execute such other documents and writings in addition to the instructions for On-boarding, Generating, Downloading BHIM QR facility, Addition of sub-merchants etc in a form and manner as required by the Bank, from time to time.
• The User understands that the transaction may be rejected or cancelled in case the instructions and/or any Authentication Credentials or any details, documents or information provided by the User / Payee / Payer are false or not in accordance with the conditions stipulated by the Bank or the Reserve Bank of India or the Beneficiary bank or the remitter Bank.
• The User ensures and confirms that Bank will be entitled to charge such fees, cost and charges with applicable taxes, upon completion of the transaction initiated by the User, i.e., receipt of fund by the recipient maintained with the Beneficiary Bank, as specified by the Bank/NPCI, from time to time.
• The User acknowledges and understands that the completion of transaction credit shall involve various Counterparties. The User confirms that Bank shall not be held liable or responsible for any delays/deficiencies in settlement of a transaction due to system constraints, actions of third parties or any other circumstances outside the control of the Bank.
• In a collect request transaction (PULL transaction), the User/merchant agrees and understands that it is subject to the approval and expiry period defined by the User/merchant at the time of making such requests to the remitter.
• Without prejudice to the generality of the foregoing, the User agrees to indemnify and save, keep harmless and keep indemnified the Bank against any improper/fraudulent instructions purporting to be received from the User and/or for furnishing incomplete information.
• The User understands that the provision of BHIM QR facility is subject to Indian laws and the guidelines and regulations issued from time to time by the NCPI or Reserve Bank of India in this behalf.
• The User agrees and confirms that the Minimum and Maximum Amount Stipulated for UPI / BHIM QR may be stipulated by the Bank in accordance with the Guidelines set by NPCI or RBI, from time to time.
• Agrees that dispute resolution shall be as per the guidelines issued by NPCI/ Reserve Bank of India from time to time.
• Understands and explicitly agrees that Bank has the absolute and unfettered right to revise the prescribed ceilings from time to time which will be binding upon him/her.
• Agrees that while the Information Technology Act, 2000 prescribes that a subscriber may authenticate an electronic record by affixing his digital signature which has been given legal recognition under the Act, the Bank is authenticating the customer by using Mobile Number, Passcode or any other method decided at the discretion of the Bank which may not be recognized under the IT Act, 2000 for authentication of electronic records and this is acceptable and binding to the customer and hence the customer is solely responsible for maintenance of the secrecy and confidentiality of the Passcode, UPI PIN etc without any liability to the Bank.
• Care has to be taken while initiating/accepting collect requests and bank shall not be held responsible for errors on the part of the user in this regard.
• User is responsible for correctness of beneficiary’s details like VPA, CASA account number, IFSC as any discrepancy may lead to credit settled to unintended account. As the settlement is on real time basis, chances of restoration are difficult, though bank would help the customer.
• The customer who are resident of India collecting and effecting/remitting payments directly / indirectly outside India in any forms towards overseas foreign exchange trading through electronic/internet trading portals would make himself/herself/themselves liable to be proceeded against with for contravention of Foreign Exchange Management act (FEMA), 1999 besides being liable for violation of regulations relating to Know Your customers (KYC) norms/Anti-Money Laundering (AML) standards.
• The Account statement is available for download in the Canara Merchant 360 mobile app and it is password protected. The Password format is available in the application itself. User to ensure the confidentiality of the downloaded Account statement.
• The User to ensure the correctness of the data provided for the Addition of the Sub-merchant facility and bank shall not be liable in case of inadvertent errors on part of the User.
• User to ensure that Canara Merchant 360 mobile app shall not be used in contravention of any law or regulatory guidelines prevalent in India.

Others

• The Customer shall be required to acquaint himself / herself with the process for using the Canara Merchant 360 / BHIM QR facility and that he / she shall be responsible for any error made while using the Canara Merchant 360 mobile app / BHIM QR facility.
• The Bank reserves the right to decide what facilities may be offered. Additions/ deletions to the facilities offered are at its sole discretion.
• The instructions of the Customer shall be effected only after authentication under his/her Mobile Number, Passcode or through any other mode of verification as may be stipulated at the discretion of the Bank.
• While it shall be the endeavour of the Bank to carry out the instructions received from the Customers promptly, it shall not be responsible for the delay/ failure in carrying out the instructions due to any reasons whatsoever including failure of operational system or due to any requirement of law. The Customer expressly authorizes the Bank to access his/her account Information required for offering the services under the facility and also to share the information regarding his/ her accounts with the service provider/ third party as may be required to provide the services under the Facility.
• The transactional details will be recorded by the Bank and these records will be regarded as conclusive proof of the authenticity and accuracy of transactions.
• The Customer hereby authorizes the Bank or its agents to send promotional messages including the products of the Bank, greetings or any other messages the Bank may consider from time to time.
• The Customer understands that the Bank may send rejection or cannot process the request messages for the service request(s) sent by the Customer which could not be executed for whatsoever reason.
• The Bank shall make all reasonable efforts to ensure that the customer information is kept confidential but shall not be responsible for any inadvertent divulgence or leakage of confidential Customer information for reasons beyond its control or by action of any third party.
• The Customer expressly authorizes the Bank to carry out all requests/ transactions purporting to have been received from his/ her mobile phone and authenticated with his/ her Passcode or any other modes stipulated at the discretion of the bank from time to time etc.
• It is the responsibility of the Customer to inform the Bank of any loss/ theft of mobile phone by adopting the procedure laid down by the Bank for the purpose.
• It is the responsibility of the customer to disclose his non residency status to the branch in case there is change in residency status (not in India) of the customer.
• The Telecom Service provider of the customer may levy charges for SMS/USSD/GPRS/WAP channels and the Bank is not liable for any dispute that may arise between such telecom service provider and the customer.

Fee structure for the Facility:

Bank shall have the discretion to charge such fees as it may deem fit from time to time and may at its sole discretion, revise the fees for use of any or all of the Facility, by notifying the Customer of such revision.

Display of such charges on Bank’s websites would serve as sufficient notice and the same is binding on the customer.

The Customer shall be liable for payment of charges with applicable taxes which may be levied by any cellular service provider in connection with availing of the Facility and Bank is not responsible for the same.

The charges payable by the Customer is exclusive of the amount payable to any cellular service provider and would be debited from the account of the Customer.

Accuracy of Information:

• 1. It is the responsibility of the Customer to provide correct information to the Bank through the use of the Facility or any other method. In case of any discrepancy in this information, the Customer understands that the Bank will not be in any way responsible for action taken based on the information. The Bank will endeavour to correct the error promptly wherever possible on a best effort basis, if the customer reports such error in information.
• The Customer understands that the Bank will try, to the best of its ability and effort, to provide accurate information and shall not hold the Bank responsible for any errors or omissions that may occur due to reasons beyond the control of the Bank.
• The Customer accepts that the Bank shall not be responsible for any errors which may occur in spite of the steps taken by the Bank to ensure the accuracy of the information and shall not have any claim against the Bank in an event of any loss/ damage suffered as a consequence of an inaccurate information provided by the Bank.

Responsibilities and obligations of the customer:

• The customer will be responsible for all transactions, including fraudulent / erroneous transactions made through the use of his/her mobile phone, SIM card, Passcode, UPI-PIN etc, regardless of whether such transactions are in fact entered into or authorized by him/ her. The customer will be responsible for the loss/damage, if any suffered.
• The Customer shall take all steps possible to ensure that his/her mobile phone is not shared with anyone and shall take immediate action to de-register from Canara Merchant 360 mobile app as per procedure laid down in case of misuse/ theft/loss of the mobile phone or SIM card.
• The Customer will use offered Canara Merchant 360 mobile app / BHIM QR facility using the Passcode etc in accordance with the procedure as laid down by the Bank from time to time.
• The Customer shall keep the Passcode/ OTP and other information confidential and will not disclose these to any other person or will not record the Password a way that would compromise the security of the facility.
• It will be the responsibility of the Customer to notify the Bank immediately if he/ she suspect the misuse of the Passcode and other confidential information. He will also immediately initiate the necessary steps to change his Passcode etc.
• If the mobile phone or SIM is lost, the user must immediately take action to de- register from the facility.
• The Customer accepts that any valid transaction originating from the Canara Merchant 360 mobile app, registered mobile phone number shall be assumed to have been initiated by the Customer and any transaction authorized by using Passcode / OTP etc is duly and legally authorized by the Customer.
• The Customer shall keep himself/herself updated with regard to any information/ modification relating to the services offered under the facility which would be publicized on the websites and at the branches and would be responsible for the same.
• The Customer shall be liable for all loss on breach of the Terms and Conditions contained herein or contributed or caused the loss by negligent actions or a failure to advise the Bank within a reasonable time about any unauthorized access in the account.
• The Customer shall be liable and responsible for all legal compliance and adherence of all commercial terms and conditions in respect of the mobile connection/SIM card/mobile phone through which the facility is availed and the Bank does not accept/ acknowledge any responsibility in this regard.
• The User to ensure that the BHIM QR Do’s and Don’t are adhered to and bank shall not be liable in case of the misuse or tampering of the bank provided BHIM QR in the Canara Merchant 360 mobile app.

Disclaimer :

• The Bank, when acting in good faith, shall be absolved of any liability in case:
• The Bank is unable to receive or execute any of the requests from the Customer or there is loss of information during processing or transmission or any unauthorized access by any other person or breach of confidentiality or due to reasons beyond the control of the Bank.
• There is any kind of loss, direct or indirect, incurred by the Customer or any other person due to any failure or lapse in the facility which are beyond the control of the Bank.
• There is any failure or delay in transmitting of information or there is any error or inaccuracy of information or any other consequence arising from any cause beyond the control of the Bank which may include technology failure, mechanical breakdown, power disruption, etc.
• 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. 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 Customer 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 Customer 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 Customer, 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.
• The Bank will not be responsible if Bank's Canara Merchant 360 mobile app is not compatible with/does not work on the mobile handset of the Customer.

Indemnity

In consideration of the Bank providing these facilities, the Customer agrees to indemnify and hold the Bank harmless against all actions, claims, demands proceedings, loss, damages, costs, charges and expenses which the Bank may at any time incur, sustain, suffer or be put to as a consequence of or arising out of or in connection with any services provided to the Customer pursuant hereto. The Customer shall indemnify the Bank for unauthorized access by any third party to any information / instructions/ triggers given by the Customer or breach of confidentiality