Terms and Conditions for Verified By Visa provided by Kotak Mahindra Bank
Limited ("the Bank")
       

Welcome to the Verified by Visa authentication service ("3DS") offered by Kotak Mahindra Bank on the Terms of Service ("TOS") mentioned herein. Please read this Terms of Service carefully before using Verified by Visa. In this TOS, "Bank" refers to the Kotak Mahindra Bank Limited, a banking company incorporated under the Companies Act, 1956 and having its registered office at 36-38A, Nariman Bhavan, 227 Nariman Point, Mumbai - 400021.The word "Card(s)" shall mean Visa Debit Cards as issued by the Bank. The words "we," "us," and "our" refer to the Bank and its suppliers of card processing and web-hosting services; and "you," "your," or "yours" refers to the Cardholder using Verified by Visa.


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.


Verified by Visa provides you with a way of increasing security in online and other transactions, by reducing the chances of fraud for those transactions. Registering for Verified by Visa involves providing personal information to the Bank, which is then used to confirm your identity during future online transactions or other transactions for which Verified by Visa is used.


Verified by Visa also may be used for record keeping and reporting purposes, as well as to help resolve any transaction disputes. Your registration Data, and other personal information is not shared with the merchant.


1.        ACCEPTANCE OF TERMS

a.        Kotak Mahindra Bank provides Verified by Visa, subject to the TOS as well as Terms and Conditions applicable to the Account. Use of the service constitutes your acceptance of the terms and your agreement to abide by it. In addition, when using Verified by Visa, you will be subject to all guidelines or rules applicable to Verified by Visa that may be posted from time to time at the same web site.

b.        Creation of a Verified by Visa account password, and / or use of Verified by Visa, will represent your acceptance of this TOS, and that continued use of Verified by Visa after revisions to this TOS shall constitute your agreement to such revised terms and any applicable posted guidelines or rules.

c.        Unless explicitly stated otherwise, any new features that augment, enhance or otherwise change Verified by Visa shall be subject to this TOS.

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

e.        The Bank shall not be responsible for interception / misuse of Verified by Visa (VBV) password. Therefore creation and usage of the card / VBV password will be tantamount to creation and usage of the VBV password by you. The Bank is not liable if the VBV password falls into wrong hands due to any reason whatsoever and or if the terms and conditions relating to use of password is not complied with.


2.        YOUR REGISTRATION OBLIGATIONS

You agree to (i) provide true, accurate, current and complete information about yourself as prompted by Verified by Visa's registration form ("Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that your Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend, terminate, or refuse your current or future use of Verified by Visa or your card account.  


3.        REGISTRATION

a.        In order to generate / activate or use Verified by Visa, you must provide basic 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 Debit Card(s). The information that you provide may be validated against information that is associated with you and available with the Bank.

b.        If you are unable to provide adequate information to validate your identity, we have the right to not allow you to register for Verified by Visa. You warrant that the Registration Data is correct and that you have the legal right to use all of the Debit Cards that you register for Verified by Visa. The confirmation of registration shall be provided to you on your mobile number and E Mail registered with the Bank.

c.        If you do not successfully register for Verified by Visa, the merchant may not accept your Card for payment in an e-commerce or other transaction subject to Verified by Visa.

d.        In order to use Verified by Visa, 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.

e.        In the event you have a question regarding the Verified by Visa registration process or a transaction using Verified by Visa, you can contact our 24 hour Customer Contact Centre on 1800 102 6022.

f.        The bank may at any time incorporate additional security features to further facilitate Card Holders shopping at merchant websites on the Internet.


4.        AUTHENTICATION

a.        When engaging in an online transaction or other transaction for which Verified by Visa is used, you may be asked for your Verified by Visa password before the merchant accepts your Card in payment for the transaction. If you are unable to provide your Verified by Visa password or if the authentication through Verified by Visa otherwise fails, the merchant may not accept your Visa Card for payment in that transaction.

b.        By registering for Verified by Visa, you agree to the use of Verified by Visa to evidence your identity, including the authorization of transactions authorized in advance to recur at substantially regular intervals.  

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


5.        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 Verified by Visa, and all activities that occur using your password, Registration Data or other verification information supplied to or established by you with respect to Verified by Visa. You agree not to transfer or assign your use of, or access to, Verified by Visa 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 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.  


6.        PRIVACY OF REGISTRATION DATA

a.        Your Registration Data will not be shared with online retail merchants or merchants in other transactions for which Verified by Visa is used.

b.        Visa confirms that the secured web portal shall be provided to customer for secure enrollment / registration with Verified by Visa and secure online store Verified by Visa symbol.

c.        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.


7.        CONDUCT GUIDELINES

        You agree not to:

                                              a.      Impersonate any person or entity using Verified by Visa;

                                              b.      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 Verified by Visa;

                                              c.      Spam or flood Verified by Visa Website or service;

                                              d.      Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of Verified by Visa Website or service or the software used in connection with Verified by Visa;

                                              e.      Remove any copyright, trademark, or other proprietary rights notices contained in Verified by Visa;

                                              f.      "Frame" or "mirror" any part of the Verified by Visa Website or service without prior written authorization by us;

                                              g.      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 Verified by Visa Website or service or its contents;

                                              h.      Otherwise interfere with, or disrupt, Verified by Visa or servers or networks connected to Verified by Visa, or violate this TOS or any requirements, procedures, policies or regulations of Verified by Visa or of any networks connected to Verified by Visa; or

                                              i.      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 us (all of which shall constitute "Applicable Law") in connection with your use of Verified by Visa.


8.        LIABILITY

a.        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 Verified by Visa.

b.        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.

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


9.     TERMINATION

a.        If you desire to disable or unsubscribe to Verified by Visa, you can call our 24 hour Customer Contact Centre on 1800 102 6022 for Debit Cards so that your password and Registration Data with Verified by Visa can be deactivated. Any purchases made using Verified by Visa prior to deactivation will not be affected.

b.        We may temporarily or permanently deactivate your ability to use Verified by Visa and terminate your relationship with us with reasonable notice to you. If we deactivate your ability to use Verified by Visa, we may give you notice at the most current e-mail address you have provided to us as reflected in our records.


10.     DEALINGS WITH MERCHANTS

Your correspondence or business dealings with, or participation in promotions of, online retail or other merchants on or through Verified by Visa, 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 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 Verified by Visa does not, in any way, indicate that we recommend or endorse any merchant, regardless of whether the merchant participates in Verified by Visa. For example, Verified by Visa does not verify the identity of the merchant or the quality of the merchant's goods or services.


11.     DISCLAIMER OF WARRANTIES

a.        You expressly understand and agree that any software obtained through the use of Verified by Visa 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 Verified by Visa.

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


12.     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.kotak.com/bank/personal-banking/cards/#


13.     AGE AND RESPONSIBILITY

You represent that you are of sufficient legal age to use Verified by Visa and to create binding legal obligations for any liability you may incur as a result of the use of Verified by Visa. Except as otherwise provided by Applicable Law or Terms and Conditions applicable to the Account, you understand that you are financially responsible for all uses of Verified by Visa by you and those authorized by you to use your Registration Data, your password or other verification information.


14.     MISCELLANEOUS

(a)        Password

       You agree and acknowledge to:

.        Keep the Password totally confidential and not reveal it to any third party.

.        Not let any unauthorized person has access to your mobile phone / E Mail ID unattended while accessing the Net for making/using the Verified by Visa.

(b)        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 Verified by Visa or make and use Verified by Visa. 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.

(c)        Internet Frauds:

       The Internet per se is susceptible to a number of frauds, misuses, hacking and other actions which could affect making/use of Verified by Visa. 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 Verified by Visa. You shall separately evolve/evaluate all risks arising out of the same.

(d)        Technology Risks:

       The technology for the Verified by Visa 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.

(e)        Limits:

       You are aware that the Bank may from time to time impose maximum and minimum limits on the Verified by Visa. You 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.

(f)        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 Verified by Visa Terms and conditions and the terms and conditions mentioned herein above under.

(g)        Withdrawal of Facility:

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

(h)        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 Verified by Visa as determined by the Bank from time to time by debiting your accounts.


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