Tuesday, December 16, 2008

Axis Bank E Shop Credit Card Terms & Conditions







E Shop Card Terms And Conditions:

Please read these Terms of Service (TOS) carefully before using the eShop card. The words, "Bank", "We" and "Us" refers to Axis Bank Ltd., a banking company incorporated under the Companies Act, 1956 and having its registered office at Thrishul, 3rd Floor, Opposite Samartheshwar Temple, Law Garden, Ellis Bridge, Ahmedabad 380 006, Gujarat India. The word "Card(s)" shall mean Visa/Visa Electron Debit and Credit cards as the case may be as issued by the Bank. The terms / words not defined herein shall have the same meanings as defined in the Terms & conditions applicable to the Account(s) and in the Cardmember Agreement.

The words "we", "us" and "our" refer to Visa and the Bank as the case may be, and "you", "your" or "yours" refer to the account holders using the eShop card. These TOS supplements and is in addition to in the case of Debit cards to the Terms and Conditions applicable to the Account(s) in which the Debit Card is issued and in case of Credit cards to the "Card member Agreement".

Product Definition

eShop card is a unique online secure payment solution relating to "Cards" provided by the Bank.eShop card is a unique online secure payment solution relating to "Cards" provided by the Bank.

The key features of eShop Cards are as follows:

* It's a one time use card with a limited validity period from time of creation.
* The actual credit/debit card number is not used on the merchant website.
* The eShop card can be used at any merchant website that accept Visa Cards.
* The exposure is limited only to the extent of the card limit of the eShop card and subject to a limited defined validity.

Acceptance Of Terms

1. eShop cards are subject to the TOS and the Terms and Conditions applicable to the Account(s). The TOS are subject to review from time to time. Use of the service for generating eShop cards constitutes your acceptance of the terms and you agree to abide by it.

You can review the most current version of the TOS at any time at www.axisbank.com. In addition, when using eShop cards, you shall be subject to any guidelines or rules applicable to eShop cards that may be posted from time to time at the same web site.

You agree that creation of a eShop card account password, and/or use of eShop card, will represent your acceptance of this TOS, and that continued use of eShop card after revisions to this TOS shall constitute your agreement to such revised terms and any applicable posted guidelines or rules.

2.Unless explicitly stated otherwise, any new features that augment, enhance or otherwise change eShop card shall be subject to this TOS.

3. Visa and/or the Bank reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, eShop card (or any part thereof) with reasonable notice.

4.The Bank shall not be responsible for interception/ misuse of eShop card password. Therefore creation and usage of the card password will be tantamount to creation and usage of the eShop cards password by you. The Bank is not liable if the eShop card password falls into wrong hands due to any reason whatsoever and or if the terms and conditions relating to use of password/ATM PIN is not complied with.

5.Currently this functionality exists for the Visa Card (Visa Corporate Cards, Platinum Silver and Gold Credit Cards). This functionality is currently not available for the Master Card Variants issued by the bank.

Your Registration Obligations

You agree to

1. provide true, accurate, current and complete information about yourself as prompted by eShop card registration form ("Registration Data"), and

2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete.


Registration

1.In order to generate or use eShop cards, you must provide certain information as may be required, to the Bank to validate your identity and verify that you are the owner of or an authorized user of the specified Credit/Debit Card(s). The information that you provide may be validated against information that is associated with you and available with the Bank.

2.If you are unable to provide adequate information to validate your identity, we have the right to not allow you to register for eShop card. You warrant that the Registration Data is correct and that you have the legal right to use all of the Credit Cards and Debit Cards that you register for eShop card.


3.If you do not successfully register for eShop card, the merchant may not accept your Card for payment in an e-commerce or other transaction subject to eShop card.

4.In order to use eShop card, you must have the ability to access the World Wide Web and must pay any service fees associated with such access. In addition, you must have the equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device.

5.In the event you have a question regarding the eShop card registration process or a transaction using eShop card, you can contact the nearest Customer Call centre (for credit cards) or Phone Banking centre (for debit cards) or email us at: customer.services@axisbank.com.

6.The bank may unilaterally provide for use of eShop cards on the net and may disallow the use of your physical card for your own safety.

7.The bank may at any time incorporate additional security features to further facilitate Card Holders shopping on the Internet. Requisition for eShop card and acceptance of this TOS signifies acceptance of such further TOS that may be required for that additional security feature.

Authentication

Certain websites/the Bank at a later date may provide for any additional authentication in addition to what has been requested for. The Cardmember agrees to validate such requirements at a future date.

Cardholder Password And Security

You are solely responsible for maintaining the confidentiality of your password, Registration Data and other verification information established by you with respect to eShop card, and all activities that occur using your password, Registration Data or other verification information supplied to or established by you with respect to eShop card. You agree not to transfer or assign your use of, or access to, eShop card to any third party. You agree to immediately notify us of any unauthorized use of your password or other verification information, or any other breach of security. You acknowledge and agree that, except as otherwise provided by Applicable Law or in the Cardmember Agreement or in the Terms & Conditions applicable to the Account(s), we shall not be liable for any loss or damage arising from your failure to comply with this TOS.

Privacy Of Registration Data

1.Your Registration Data will not be shared with online retail merchants or merchants in other transactions for which eShop card is used.

2.You acknowledge and agree that Bank may keep your Registration Data and also may disclose your Registration Data if required to do so by Applicable Law, in the good faith belief that such preservation or disclosure is permitted by Applicable Law, or as reasonably necessary to (i) comply with legal process or (ii) enforce this TOS.

Conduct Guidelines

You agree not to:

1.Impersonate any person or entity using the eShop card;

2.Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment used by eShop card;

3.Spam or flood the eShop card Website or service;

4.Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the eShop card Website or service or the software used in connection with eShop card;

5.Remove any copyright, trademark, or other proprietary rights notices contained in eShop card;

6."Frame" or "mirror" any part of the eShop card Website or service without Axis Banks/ Visa's prior written authorization;

7.Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the eShop card Website or service or its contents;

8.Otherwise interfere with, or disrupt, eShop card or servers or networks connected to eShop card, or violate this TOS or any requirements, procedures, policies or regulations of eShop card or of any networks connected to eShop card; or

9.Intentionally or unintentionally violate any applicable local, state, national or international statute, regulation, regulatory guideline or judicial or administrative interpretation, or any rule or requirement established by Axis Bank/Visa (all of which shall constitute "Applicable Law") in connection with your use of eShop card.

Liability

1.Under no circumstances will the bank be liable for consequential, incidental, special or indirect losses or other damages, such as any damage to your computer or telephone service resulting from your generation/use of eShop card.

2.We assume no responsibility for, and will not be liable for, any damages to, or any viruses, which may affect, your computer equipment or other property on account of your access to, use of, or downloading from this web site.

3.The Bank shall will not be liable if a transaction on the net does not materialize or is delayed or is incomplete.

Dealings With Merchants

Your correspondence or business dealings with, or participation in promotions of, online retail or other merchants on or through eShop card, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant. You agree that, except as otherwise provided by Applicable Law or in our Cardmember Agreement or Terms and Conditions applicable to the Account with you, we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You understand that use of eShop card does not, in any way, indicate that we recommend or endorse any merchant, regardless of whether the merchant participates in eShop card. For example, eShop card does not verify the identity of the merchant or the quality of the merchant's goods or services.

Disclaimer Of Warranties


1.You expressly understand and agree that any software obtained through the use of eShop card is downloaded and used at your own discretion and risk and that except as otherwise provided in this TOS Agreement, you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such software or other materials through eShop card.

2.Except as otherwise required by any applicable state law, we make no representations or warranties about eShop card of any kind, express or implied, including any warranties as to merchantability or fitness for a particular purpose.

Notice

You may also be notified of changes to this TOS or other matters by notices displayed on or links to notices displayed on http://www.axisbank.com

Responsibility

Except as otherwise provided by Applicable Law or in our Cardmember Agreement with you or Terms and Conditions applicable to the Account, you understand that you are financially responsible for all uses of the eShop cards by you and those authorized by you to use your Registration Data, your password or other verification information.

Miscellaneous

1. Password

You agree and acknowledge to:

* Keep the password totally confidential and not reveal the password to any third party.

* Choose a password which shall be sufficiently 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 your name, address, telephone number, driver license, etc. or easily guessable combination of letters and numbers.

* Commit the password to memory and not record it in a written or electronic form, and

* Not let any unauthorized person have access to your computer or leave the computer unattended while accessing the Net for making/using the eShop cards.

* Such replacement shall not be construed / deemed as the commencement of a new contract.

The Bank shall not be responsible for interception/misuse of eShop card.

2. Misuses of Password

You acknowledge that if any third person obtains access to your password, such third person would be able to carry out transactions via the eShop card or make and use eShop cards. You shall ensure that the terms and conditions applicable to the use of the password as contained in the TOS are complied with at all times.

3. Internet Frauds

The Internet per se is susceptible to a number of frauds, misuses, hacking and other actions, which could affect making/use of eShop cards. Whilst the Bank shall aim to provide security to prevent the same, there cannot be any guarantee from such Internet frauds, hacking and other actions, which could affect the making and use of the eShop cards. You shall separately evolve/evaluate all risks arising out of the same.

4. Technology Risks

The technology for the eShop cards offered by the Bank could be affected by virus or other malicious, destructive or corrupting code, program of macro. It may also be possible that the site of the Bank may require maintenance and during such time it may not be possible to process the request of the Customers. This could result in delays in the processing of Instruction or failure in the processing of instructions and other such failures and inability. You understand and acknowledge that the bank disclaims all and any liability, arising out of any failure or inability by the Bank to honor any customer instruction.

5. Limits

You are aware that the Bank may from time to time impose maximum and minimum limits on the eShop cards. You realize, accept and agree that the same is to reduce the risks on you. For instance, the Bank may impose transaction restrictions within particular periods or amount restrictions within a particular period or even limits on each transaction. You shall be bound by such limits imposed and shall strictly comply with them.

6. Indemnity

You shall indemnify the Bank for and against all losses and damages that may be caused as a consequence of breach of any of the eShop card Terms and conditions and the terms and conditions mentioned herein above under.

7. Withdrawal of Facility

The bank shall be entitled to withdraw the above service at any time whatsoever.

8. Charges

You hereby agree to bear the charges as may be stipulated by the Bank from time to time for availing of these services. You hereby authorize the Bank to recover all charges related to eShop cards as determined by the Bank from time to time by debiting your accounts.

9. Others

Credit of unutilized amount

In case of unutilized eShop card the amount will be credited back to the customer's source account without any interest if it's completely untilized within 48 hours after the validity period of the eShop card.

In case the unutilized eShop card is cancelled the amount will be credited back to the customers source account without any interest if it is completely unutilized within within 48 hours of the validity period of the eShop card.

In case the customer has used part amount for a transaction, the balance will get credited back to the customer's account without any interest approximately within 30 days from the date of transaction if the same is not claimed by Visa/Merchant establishment.

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