Terms and conditions governing Internet Banking Service (GlobalOnline) of Global IME Bank Limited

  1. Definitions:

    In this document the following words and phrases shall have the meanings as set below unless the context indicates otherwise:
    1. "Bank" refers to Global IME Bank Limited, a limited company incorporated and licensed as a bank under the prevailing law of the Nepal having its registered office at Birgunj-13 Parsa and corporate office at Pani Pokhari, Kathmandu. The term includes other branches of the bank also.
    2. "Customer" refers to a customer of Bank and/or of the Affiliates authorized to use Internet Banking. In case of the customer being a minor, the guardian of such minor shall be permitted to use Internet Banking. An organization can have Corporate menu enabled in Internet Banking account. It is called Corporate Internet Banking Account. The Bank creates a Corporate Administrator, who is responsible for creation of additional user accounts and user menu management for this Corporate Internet Banking account. The customer also includes the Corporate Administrator and all Internet Banking users created by this Corporate Administrator. These users include Corporate Transaction Creators, Corporate Transaction Verifiers, and Corporate Normal users.
    3. "Person" refers a natural person, a sole proprietorship firm, a partnership firm, a non-profit organization, and a body incorporated under the prevailing Nepalese law with it's own separate legal entity.
    4. "Account(s)" refers to the customer's bank account or credit card account or home loan account or automobile loan account or consumer durable loan account or depository account and/or any other type of account (each account hereafter referred to as an "Account" and collectively as "Accounts"), maintained with the Bank through the use of internet Banking.
    5. "Internet Banking" refers to the internet banking service offered by the Bank to the customer such as enquiry about balance in the Account, details about transactions in the Account(s), statement of Account, transfer of funds and any other service as the Bank may decide to provide from time to time through internet. The availability/non-availability of a particular service shall be communicated to the customer through email, web page of the Bank or in writing as may be deemed fit by the Bank.
    6. "Payer" refers to the person who holds the Debit Account.
    7. "Payee" refers to the person to whom customer will transfer Fund(s).
    8. "Personal Information" refers to the information provided by the customer to the Bank.
    9. "Payee Registration Confirmation" refers to confirmation of Payee Registration to whom User will transfer Fund(s).
    10. "Website" refers to the website owned, established and maintained by the Bank located at the URL www.globalimebank.com or www.globalimebank.com.np

  2. Formation of the contract

    The terms and conditions mentioned in this document together with the application made by the customer and as accepted by the Bank shall form the contract between the customer and the Bank for internet Banking. For availing of Internet Banking, the user acknowledges and accepts these Terms. Application for Internet Banking.

  3. Unauthorized Access:

    The customer shall take all necessary precautions to prevent unauthorized and illegal use of Internet Banking and unauthorized access to the Accounts provided by Internet Banking. The Bank shall take all commercially reasonable care to, ensure the security of and to prevent unauthorized access to the Internet Banking using commercially reasonable technology available in Nepal to the Bank.

  4. Internet Banking Access:

    The Bank would provide the customer with an Internet Banking customer-id and a set of secret passwords in the first instance then customer will be required to change such password. As a safety measure, the customer shall change the password as frequently thereafter as possible. In addition to customer-id and password the Bank may, at its discretion, advise the customer to adopt such other means of authentication such as digital certification and/ or smart cards. The customer shall not attempt or permit others to attempt accessing the Account information stored in the computers of the Bank through any means other than the Internet Banking. In case of Corporate Internet Banking account, the access is given to Corporate Administrator and the users created by the Corporate Administrator.

  5. Internet Banking Password:

    The customer unconditionally undertakes to have internet Banking, passwords of such number of letters / digits as may be notified by the bank from time to time and ensure that the same is kept confidential and do not let any unauthorized person have access to the internet while the customer is accessing the Internet Banking. In case the customer forgets the Internet Banking password or the Internet Banking Password gets locked after a number of incorrect attempts, then the customer may request for the issue of a new password by sending a written request to the bank and this shall not be construed as the commencement of a new contract. The customer agrees and acknowledges that the Bank shall in no way be held responsible or liable if the customer incurs any loss as a result of information being disclosed by the Bank regarding his Account(s) or carrying the instruction of the customer pursuant to the access of the Internet Banking and the customer shall fully indemnify and hold harmless the Bank in respect of the same. The customer shall maintain the secrecy of all information of confidential nature and shall ensure that the same is not disclosed to any person voluntarily, accidentally or by mistake.

  6. Eligibility to be a customer of Internet banking.

    1. The customer desirous of using the Internet banking should be the account holder and sole signatory or be authorized to act independently. In case of Corporate Internet Banking, the customer should be an authorized person from an organization.
    2. In case of Joint Accounts, where the mode of operation is anyone, all or any transactions arising from the use of Internet Banking in the joint account shall be binding on all the joint account holders, jointly and severally. However, any account, where the mode of operation is joint, is not eligible for the Internet Banking.
    3. In case of minor's account, the guardian cited in the account opening form will be eligible for the internet Banking.
    4. In case of Corporate Internet Banking, anyone who is given authority as a Corporate Transaction Creator, Corporate Transaction Verifier, or Corporate Normal User, can access internet banking.
  7. Charges:

    The Bank reserves the right to charge and recover the service charge for providing the Internet Banking. The customer hereby authorizes the Bank to recover such service charge by debiting one of the Accounts of the customer or by sending a bill to the customer who will be liable to make the payment within the specified period. Failure to do so shall result in recovery of the service charge by the Bank in a manner as the Bank may deem fit along with such interest, if any, and/or suspension of the facility of Internet Banking without any liability to the Bank.

  8. Maintenance of Sufficient Balance:

    The customer shall ensure that there are sufficient funds or prearranged credit facilities in any Account for transactions through the Internet Banking, and the Bank shall not be liable for any consequences arising out of its failure to carry out the instructions due to inadequacy of funds and/or credit facilities provided always that the Bank shall at its sole discretion, be entitled to carry out the instructions notwithstanding such inadequacy without seeking the prior approval from or notice to the customer and the customer shall be responsible to repay with interest the resulting overdraft, advance or credit thereby created and for all related to costs and charges.

  9. Funds Transfer through Internet Banking:

    The customer accepts that he will be responsible for keying in the correct account number for the fund transfer request. In no case, the Bank will be held liable for any erroneous transactions incurred arising out of or relating to the customer entering wrong account numbers. The Bank will Endeavour to effect funds transfer transaction received through Internet Banking subject to availability of sufficient funds in the Account and Confirmation of Payee Registration by the customer. The Bank shall specify from time to time the limit for carrying out various kinds of funds transfer or any other services through Internet Banking. 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 its reasonable control including non-confirmation of Payee Registration. If funds transfer is made available to the customer, it may be used for transfer of funds from Account to other accounts belonging to third parties maintained at the Bank and/or at any other Bank which falls under the network of Electronic Fund Transfer system. The customer also accepts that as a Corporate Administrator, if he allows Fund Transfer, Utility Payment, and Salary Transaction menus to its other corporate users, these corporate users can freely perform transactions once given access to such menus.

  10. Transactions in Depository Account through Internet Banking:

    The Bank shall install adequate systems to restrict the access of the transaction statement of depository account only to the customer. The customer shall take all the necessary steps to ensure confidentiality and secrecy of the login name and password allotted by the Bank in this regard. The user permits the Bank to provide the transaction statement of the depository account through internet (web-based and/or email). The customer is aware that the transaction statement may be accessed by other entities in case the confidentiality / secrecy of the login name and password is compromised. In case the user opts for transaction statement through email, it shall immediately inform the Bank about change in email address, if any. The Bank shall verify and confirm with the customer about the change. The Bank shall confirm with the customer about validity of the email address at least once in a year.

  11. Authority to the Bank for Internet Banking:

    The customer irrevocably and unconditionally authorizes the Bank to access all his Account(s) for effecting banking or other transactions performed by the customer through the Internet Banking. The instructions of the customer shall be effected only when such instruction is in accordance with the prescribed procedure. The Bank shall have no obligation to verify the authenticity of any transaction / instruction received or purported to have been received from the user through Internet Banking or purporting to have been sent by the customer other than by means of verification of the Internet Banking customer-Id and the password. The read-out, the faxed /email output or the printed output, if any, that is received by the customer at the time of operation of Internet Banking is a record of the operation of the computer by the user and shall be accepted as conclusive and binding for all purpose. All the records of the Bank 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. While the Bank shall Endeavour to carry out the instructions promptly, they 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 the transactions arising through the use of the Internet Banking to operate a joint account shall be binding on all the joint account holders, jointly and severally.

  12. Instructions:

    All instructions for Internet Banking shall be given, through computer by the customer in the manner indicated by the Bank. The customer is also responsible for the accuracy and authenticity of the instructions provided to the 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 customer. The 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 the Bank considers the instructions to be inconsistent or contradictory it may seek clarification from the user before acting on any instruction of the customer or act upon any such instruction as it deems fit. The Bank states that it has no liability or obligation to keep a record of the instructions to provide information to the customer or for verifying customer's instructions. The 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 customer'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 customer shall be deemed to be an instruction, order, directive, request received from the customer. All instructions, requests, directives, orders, directions, entered by the user, either electronically or otherwise, are based upon the customer's decisions and are the sole responsibility of the customer. The customer understands that entering an instruction, direction, order, request with the Bank, either electronically or otherwise, does not guarantee execution of such instruction, direction, order, request .The 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 customer is responsible for the correctness of information supplied to the Bank for use of the Internet Banking. The Bank accepts no liability for the consequences arising out of erroneous information supplied by the customer. If the customer notices an error in the information supplied to the Bank either in the application form or any other communication, he shall immediately advise the Bank which will Endeavour to correct the error wherever possible on a "reasonable efforts" basis.

  14. Liability of the customer and the Bank:

    The customer shall be liable for any unauthorized transactions occurring through the Internet Banking and the customer hereby fully indemnifies and holds the Bank harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. The Bank shall under no circumstance be held liable to the customer if the Internet Banking is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of the Bank. Under no circumstances shall the Bank be liable 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 Internet Banking shall render the customer liable for payment of financial charges as decided by the Bank or will result in suspension of the operations through the Internet Banking.

  15. Disclaimer of Warranties:

    The customer expressly agrees that use of the Website is at its sole risk. The Website is provided on an "as is" and "as available" basis. Except as warranted in the Terms, the 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. The 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. The Bank will not be liable for any virus that may enter the user's system as a result of the customer using Internet Banking. The Bank does not guarantee to the customer or any other third party that Internet Banking would be virus free.

  16. Indemnity:

    In consideration of the Bank providing the customer the Internet Banking, the customer shall, at his own expense, indemnify and hold the Bank, officers , employees, agents indemnified against all losses and expenses on full indemnity basis which the Bank may incur, sustain, suffer or is likely to suffer in connection with the Bank or Affiliates' 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 the Bank and, its officers, employees or agents, on the instructions of the customer. The customer will pay the Bank such amount as may be determined by the 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 customer agrees, at its own expense, to indemnify, defend and hold harmless the Bank, its officers employees, , agents, against any claim, suit, action or other proceeding brought against the Bank, its officers and employees, agents, by a third party, to the extent that such claim, suit, action of other proceeding brought against the Bank, officers and employees, agents, is based on or arises in connection with the user of Internet Banking with reference to:
    1. A violation of the Terms contained herein by the customer.
    2. Any deletions, additions, insertions or alterations to, or any unauthorized use of, Internet Banking by the customer.
    3. Any misrepresentation or breach of representation or warranty made by the user contained herein; or
    4. a. Any breach of any covenant or obligation to be performed by the customer 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, and action or proceeding attributable to any such claim.
    5. a. The customer hereby agrees that under no circumstances, the 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 by the user within the previous twelve (12) months for Internet Banking, excluding any amount paid towards transactions.

  17. Disclosure of Information:

    The customer agrees that the Bank may hold and process his personal Information and all other information concerning his Account(s) on computer or otherwise in connection with the Internet Banking as well as for analysis, credit scoring and marketing. The customer 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 participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for credit rating by recognized credit scoring agencies, or for fraud prevention purposes.

  18. Change of Terms and conditions:

    The Bank shall have the absolute discretion to amend or supplement any of the Terms and conditions at any time and will Endeavour to give prior notice of fifteen days for such changes wherever feasible. Such change to the Terms and conditions shall be communicated to the customer. By using any new services as may be introduced by the Bank, the customer shall be deemed to have accepted the changed Terms.

  19. Non-Transferability:

    The grant of Internet Banking to a customer is not transferable under any circumstance and shall be used only by the customer.

  20. Termination of Internet Banking:

    The customer may request for termination of the Internet Banking any time by giving a written notice of at least 15 days to the Bank. The termination shall take effect on the completion of the fifteenth day. The customer will remain responsible for any transactions made through the Internet Banking until the time of such termination. The Bank may withdraw or terminate the Internet Banking anytime either entirely or with reference to a specific service or customer; or in case of breach of Terms by the customer without a prior notice; or if it learns of the death, bankruptcy or lack of legal capacity of the user. Clause 14 & 18 shall survive the termination of the Internet Banking for any reason whatsoever.

  21. Notices:

    Notices under these Terms may be given by the Bank to the customer in writing by delivering them by hand or by sending them by post to the address given by the customer and in the case of the Bank to its corporate office address as set out hereinabove. In addition, the Bank may also publish notices of general nature, which are applicable to all users in a newspaper or on its web site located at https://globalonline.globalimebank.com.np Such notices will have the same effect as a notice served individually to each customer. Notice and instructions will be deemed served 7 days after posting or upon receipt in the case of hand delivery, cable, telex or facsimile.

  22. Applicability to Future Accounts:

    The Bank and the customer agree that if the customer opens further Accounts with/subscribes to any of the products/services of the Bank, and the Bank extends the Internet Banking to such Accounts or products or services and the customer opts for use thereof, then the Terms shall automatically apply to such further use of the Internet Banking by the user.

  23. General:

    The clause headings herein are for only for convenience and do not affect the meaning of the relative clause The Bank may sub-contract and employ agents to carry out any of its obligations under this contract. Internet banking service would be available to the customer in certain cities only and during timings specified by the Bank from time to time and transactions would be carried out on the same day or on the next working day depending upon the time of logging of the transaction. The customer would have to ensure that the equipment used for availing of Internet Banking meets the criteria as may be specified by the Bank from time to time. All costs incurred by the customer including telecommunication costs to use the Internet Banking would be borne by the customer. As a tool to correct misunderstandings, the customer understands, agrees and authorizes the Bank, at its discretion, and without further prior notice to the customer, to monitor and record any or all telephone conversations or electronic communications between the customer and the Bank and any of its employees or agents.

  24. Assignment:

    The Bank shall be entitled to sell, assign, securities or transfer the Bank's right and obligations under the Terms and any security being in favour of the Bank (including all guarantee/s) to any person of the Bank's choice in whole or in part and in such manner and on such terms and conditions as the Bank may decide. Any such sale, assignment, securitization or transfer shall conclusively bind the user and all other persons. The user, his heirs, legal representatives, executors, administrators and successors are bound by the Terms. The Bank may sub-contract and employ agents to carry out any of its obligations under this contract. However, the user shall not be entitled to transfer or assign any of his rights and obligations hereunder.

  25. Right of set-off and Lien:

    The Bank shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future, on the deposits held in the Account(s) or in any other account, whether in single name or joint name(s), to the extent of all outstanding dues, whatsoever, arising as a result of the Internet Banking extended to and/ or used by the customer.

  26. Proprietary Rights:

    The Bank shall make reasonable efforts to advise from time to time the Internet software such as browsers which are required for availing of Internet Banking. There will be no obligation on the Bank to support all or any versions of the Internet software as may be required for offering Internet Banking. The customer acknowledges that the software underlying the Internet Banking as well as other Internet related software which are required for accessing Internet Banking are the legal property of the respective vendors. The permission given by the Bank to access Internet Banking will not convey any proprietary or ownership rights in such software. The customer shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying Internet Banking or create any derivative product based on the software.

  27. Communications through Electronic means:

    Documents sent by electronic delivery will contain all the information as it appears in the printed hard copy version as prepared and distributed by the originator, with the possible exception of graphic insertions such as photographs or logotypes. Electronic delivery may be in the form of an electronic mail, an attachment to the electronic mail, or in the form of an available download from the Website. The Bank would be deemed to have fulfilled its legal obligation to deliver to the user any document if such document is sent via electronic means. Failure to advise the Bank of any difficulty in opening a document so delivered within twenty-four (24) hours after delivery shall serve as an affirmation regarding the acceptance of the document

  28. Governing Law:

    These Terms and/or the operations in the Accounts of the customer shall be governed by the laws of Nepal. Any disputes between the bank and customer shall be settled mutually, incase of failure such disputes shall be settled through arbitration. The place of arbitration shall be Katmandu and the proceeding shall be governed by Nepalese law. ***