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Laxmi
Bank Limited (‘the Bank’)
shall provide subject to Terms and Conditions set out herein,
online services / facilities (‘Services’) through
Bank’s website – www.laxmibank.com
to enable Customers to communicate with the Bank and carry
out following transactions:
Individual Account: Account
Summary, Account Details, Account Activity, Uncleared Fund,
Fund Management, Statement Request, Stop Cheque, Cheque
Status Inquiry, Cheque Book Request Fx Rate inquiry, Email,
Bulletins, Session Summary Report.
Company Account: Account Summary, Account
Details, Account Activities, Letter of Credit, Bank Guarantee,
Transfer of Fund, Statement Request, Stop Cheque, Cheque
Status Inquiry, Cheque Book Request Fx Rate inquiry, Email,
Bulletins, Session Summary Report. |
| 1. |
The Bank reserves
the right to determine and change from time to time
the scope, timing and type of the Services to be made
available.
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| 2. |
The User must be a customer of
the Bank and maintain an account at a branch of the
Bank.
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| 3. |
By registering to use the Services,
the Customer warrants that all information provided
by the Customer to the Bank in relation to the Services
is true, complete, relevant and up-to-date.
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| 4. |
The Services are for the sole
and exclusive use by the Customer authorized to do
so by the bank. |
| 5. |
The Customer shall not use or
knowingly allow any other person to use the Services,
the information and/or the reports contained in the
Internet Site for and/or in connection with any illegal
purpose or activity. The Customer shall notify the
Bank immediately if s/he becomes aware of such use.
Bank will not be liable for any of the transactions
allegedly performed by a third party.
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| 6. |
Any exchange rate, interest rate,
dealing rate and other prices and information quoted
by the Bank on the Internet Site or otherwise in response
to an online inquiry is for reference only and is
not binding.
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| 7. |
The Customer acknowledges that
there may be a time lag in transmission of instructions,
information or communication via the Internet for
which the bank shall not be held liable. |
| 8. |
The Customer shall follow the
guidance provided by the Bank online in designating
the user identification code (the ‘User Name’) and
the password (the ‘Password’) for identifying the
Customer for the purposes of the Services.
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| 9. |
The Customer may change the Password
at any time. The User Name however, cannot be changed
by the Customer.
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| 10. |
Customer must keep user name
and related password confidential. At no time and
under no circumstances shall the Customer disclose
the User Name and/or the Password to any other person.
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| 11. |
The Customer shall be fully responsible
for any accidental / negligent and/or unauthorized
disclosure of the User Name and/or the Password to
any other person and shall bear the risks of the User
Name and/or the Password being used by unauthorized
persons or for unauthorized purposes or transactions.
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| 12. |
The Customer is required to quote
the User Name and the Password in order to log-on
to the Services and give instructions to the Bank
online. Instructions in connection with the Services
must be given in the manner that is acceptable to
the Bank. Instruction shall not be executed if given
in the manner not acceptable to the Bank and Bank
shall not be held liable for the consequences arising
out of non-execution of such instruction.
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| 13. |
Any instruction given in connection
with the Services by the Customer, may not be rescinded
or withdrawn. All such instructions given, as understood
and acted on by the Bank in good faith, shall be irrevocable
and binding on the Customer whether given by the Customer
or by any other person using the related user name
and password. The Bank shall be under no duty to verify
the identity or authority of the person giving any
such instruction or the authenticity of such instruction
apart from verifying the User Name and the Password
of the Customer.
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| 14. |
The Bank will only act on an
instruction in so far as it is in the Bank’s opinion
practicable and reasonable to do so and in accordance
with its regular business practices and procedures.
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| 15. |
Advice or confirmation that an
instruction has been received and/or a transaction
has been effected through the Services will be provided
by the Bank online. Such advice or confirmation shall
be deemed to have been received by the Customer immediately
after transmission and it is the duty of the Customer
to check such advice or confirmation. It is also the
duty of the Customer to enquire with the Bank if the
Customer does not receive an advice or confirmation
within the time usually required for a similar advice
or confirmation to be received.
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| 16. |
Information relating to any account
or transaction made available on the Internet Site
are for reference only. The Bank’s records of such
account and transaction shall be conclusive unless
and until the contrary is established.
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| 17. |
The Bank shall not be liable
for any computer/cyber crimes such as hacking etc.
and shall not be liable for any unauthorized transactions
and/or any transactions carried out by using illegal
and fraudulent methods.
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| 18. |
The Bank reserves the right to
charge fees in relation to the use and/or termination
of the Services and to revise such fees at any time
with or without notice to the customer. The Bank shall
determine and notify the Customer of the rate of any
fee from time to time, which shall be binding on the
Customer. Fees shall be collected from the Customer
in such manner and at such intervals as the Bank may
specify. In addition to the Fees, the bank may prescribe
minimum balances to be maintained in accounts for
availing the Internet Banking facilities.
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| 19. |
The Customer shall provide such
information as the Bank may from time to time reasonably
request for the purposes of providing the Services.
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| 20. |
The Bank is automatically authorized
to share the information with any other person/entity,
including its third party agents as and when necessary
according to existing law.
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| 21. |
The Customer shall not, and shall
not attempt to decompile, reverse-engineer, translate,
convert, adapt, alter, modify, enhance, add to, delete
or in any way tamper with, or gain access to, any
part of the Services or any Internet Site or any software
comprised in them. |
| 22. |
The Customer acknowledges and
agrees that the Information, the Reports and their
form, format, mode or method of compilation, selection,
configuration, presentation and expression are the
intellectual property rights (copyright, trademark,
patent, design, creation, invention etc.), trade secrets,
confidential / proprietary property of the Bank and
the respective Information Providers. Unless expressly
permitted by these Terms and Conditions, the Customer
shall not, and shall not attempt to:
sell, transfer, disclose, assign,
convey, lease, sub-license, share, loan, distribute,
transmit, broadcast,
cablecast, put in circulation, download, reproduce,
duplicate or otherwise
provide or disseminate any Confidential Information
in any form or by any means
to any other person or commercially exploit any
Confidential Information.
remove, obliterate, erase, relocate
or modify in any way any proprietary marking on
or appearing including,
without limitation, any trademark or copyright notice;
or incorporate or combine
the above with any other programs.
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| 23. |
The Customer agrees that all
right, title and interest in and relating to the above
and any and all related copyright, patent, trademark,
service mark, proprietary property, trade secrets
and exclusive works are and shall remain the exclusive
property of the Bank and the respective Information
Providers. No right, title or interest other than
the right to access the Information and the Reports
subject to these Terms and Conditions is conveyed
or transferred to the Customer. The Customer shall
not make any representation or do any act, which may
be taken to indicate that the Customer has any such
right, title or interest.
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| 24. |
The Information will be made
available as it is supplied and will usually identify
the Information Provider supplying it to the Bank.
The Bank does not endorse or express any comment on
any Information supplied by any Information Provider
nor assume any duty to check or verify any Information.
The Bank does not accept responsibility for the legality,
validity, completeness, effectiveness, adequacy or
enforceability of the data therein.
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| 25. |
The Bank will take reasonably
practicable steps to ensure that its systems in connection
with the Services are installed with adequate security
designs and to control and manage the risks in operating
the systems. None of the Bank or any Information Provider
warrants or represents that the Services, the Information
are free from virus or other destructive features
which may adversely affect the Customer’s hardware,
software or equipment. In no event shall the Bank
or any Information Provider be liable to the Customer
or any other person for any incidental, indirect,
special, consequential or exemplary damages including,
without limitation, any loss of use, revenue, profits
or savings.
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| 26. |
The Customer shall be fully liable
and responsible for all consequences arising from
or in connection with use of the Services and/or access
to any Information in the Internet Site or any other
information as a result of such use by the Customer
or any other person whether or not authorized. The
Customer shall indemnify the Bank, any Information
Provider and their respective officers and employees
against all liabilities, claims, demand, losses, damages,
costs, charges and expenses of any kind (including,
without limitation, legal fees on a full indemnity
basis) which may be incurred by any of them and all
actions or proceedings which may be brought by or
against any of them in connection with the provision
of the Services, Information / Reports in the Internet
site except in the cases of willful default of the
Bank.
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| 27. |
The Bank may, at any time, without
giving notice or reason suspend or terminate all or
any of the Services or their use by the Customer.
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| 28. |
The Customer may terminate the
use of the Services at any time by giving to the Bank
prior written notice of a reasonable period.
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| 29. |
The Services shall cease to be valid
and the Bank shall be entitled to the immediate restriction
of the User in the event of:
Closure of Designated Account(s);
Death of a User – provided it comes
to the knowledge of bank or notified.;
The User (s) authority to operate
the Designated Account is terminated, which is advised to bank
The Bank requests to stop the use
Internet Banking Facilities.
Customer / user is blacklisted and
/ or defaults on a loan or other similar obligation.
Customer / user fails to maintain
the minimum balance as stipulated from time to time.
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| 30. |
The Bank may revise these Terms
and Conditions and/or introduce additional terms and
conditions at any time and from time to time with
or without notice to the customer and shall be binding
on the Customer if the Customer continues to maintain
or use the Services on or after the effective date
of variation.
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| 31. |
Communications delivered personally,
sent by post, facsimile transmission, telex or email
shall be deemed to have been received by the Customer
(where delivered personally) at the time of personal
delivery or on leaving it at the address last notified
in writing by the Customer to the Bank. Communications
sent by the Customer to the Bank shall be treated
as delivered to the Bank on the day of actual receipt.
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| 32. |
Each of the provisions of these
Terms and Conditions is severable and distinct from
the others and, if at any time one or more of such
provisions is or becomes illegal, invalid or unenforceable
in any respect under the laws of any jurisdiction,
the legality, validity or enforceability of the remaining
provisions shall not be affected in any way.
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| 33. |
All the Customers shall be bound
by these Terms and Conditions and be jointly and severally
liable for all the transactions and dealings effected
by using the Services.
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| 34. |
Unless the context otherwise
requires, ‘person’ includes an individual, firm, company,
corporation and an unincorporated body of persons.
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| 35. |
These Terms & Conditions
will stand amended if law, government regulations
or instructions issued regulatory bodies, necessitate
such amendments.
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| 36. |
The Services and these Terms and Conditions shall
be governed by and construed in accordance with
the laws of Nepal and the Bank and the Customer
submits to the non-exclusive jurisdiction of the
Courts of Nepal.
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