The KBL Gift card is issued by the Karnataka Bank Limited having it's Registered and Head office at Mangalore - 575 002 on the following Terms & Conditions. Please read these KBL Gift card Terms and Conditions carefully before using the Card. These Terms and Conditions apply to all transactions involving use of the Card. Use of Card means that the Cardholder/Beneficiary unconditionally accepts the Terms and Conditions detailed hereunder and will be bound by them and the Cardholder/ Beneficiary accepts the onus of ensuring compliance with the relevant Reserve Bank Of India (RBI) Regulations, Exchange Control regulations of the RBI, all the rules and regulations framed under the Act and as amended/modified/applicable from time to time and any other corresponding enactment in force from time to time. Cardholder/Beneficiary is also bound by the Rules and Regulations of the Bank as amended from time to time.
Definitions:
- 1."Bank",means ''The Karnataka Bank Ltd.'' and its successors and assigns.
- 2."Card" means '' KBL Gift Card'' issued by the Bank.
- 3."Cardholder",means a person who has applied for and has received the KBL Gift card.
- 4."Beneficiary" means, the person designated as Beneficiary in the Application.
- 5."ATM",means Automated Teller Machine in India or overseas, whether of the Bank, or of any other bank.
- 6."PIN",means the Personal Identification Number (required to access Gift card internet portal) allocated to the Cardholder by the Bank or changed by him from time to time.
- 7."Transaction",includes any instruction given, by a Cardholder by using his Card directly or indirectly, to the Bank to effect transaction in the Card’s preloaded balance.
- 8.''Merchant'' or "Merchant Establishments" shall mean establishments wherever located which accept/honour the Card and shall include amongst others: stores, shops, restaurants, airline organization, etc.
- 9."EDC" or Electronic Data Capture, means electronic point of sale swipe terminals whether in India or overseas, whether of the Bank or any other bank on the shared network that permits the debiting of the balance in the card for purchase transactions, from Merchant's Establishments.
- 10."VISA" means a trademark owned by VISA International.
Applicability of Terms and Conditions to Beneficiary:
The Beneficiary shall be bound by the Terms and conditions of KBL Gift Card by using the card. The Beneficiary shall have the same obligations as a card holder under these Terms and conditions and for the purpose, reference to the cardholder shall mean as reference to the Beneficiary also if the context so require.
Issuance of Card:
- 1.Any eligible applicant desirous of obtaining a card has to approach any branch of the Bank and submit the prescribed Application form duly completed and signed before an authorized Officer of the Bank.
- 2.The Bank, in its sole discretion, may refuse issuance of the Card or impose conditions without assigning any reason.
- 3.The card will be delivered to the applicant at the branch where application is submitted.
- 4.The Cardholder shall inform the Bank immediately if there are any changes in the information provided in the Application for issuance of the Card including change of address.
Card Validity and Cardholder's Obligations:
- 1.The issue and use of the Card shall be subject to the Rules and Regulations of the Bank and of the Reserve Bank of India as in force from time to time.
- 2.The Card shall be valid only for transactions as are available and permitted at all the Electronic Point of Sale swipe terminals at Merchant Establishments where VISA cards are accepted.
- 3.The Card cannot be used in the ATMs for withdrawal of Cash, Balance Inquiry or other services.
- 4.The Card is and will be at all times the property of the Bank and shall be returned to the Bank unconditionally and immediately upon the Bank's request. The Cardholder is requested to ensure that the identity of the Bank's Officer is established before handing over the Card.
- 5.The Card is not transferable or assignable by the Cardholder under any circumstances. However, wherever the Beneficiary is named, the card shall be used by him alone.
- 6.The Cardholder/ Beneficiary must sign the Card immediately upon receipt subject to provision regarding use by the beneficiary. The Cardholder must not permit any other person to use it and should safeguard the Card from misuse by retaining and preserving the Card carefully under the Cardholder's personal custody and control at all times. The Bank shall assume no liability whatsoever for any claim or damages arising from Cardholder's/Beneficiary’s failure to sign the Card. The Bank is entitled to obtain a photocopy of the Card signed by the Cardholder/ Beneficiary.
- 7.The value of the Card will be reduced immediately by the transaction amount effected by the use of the card.
- 8.The Cardholder and the Beneficiary shall be jointly and severally responsible for transactions effected by the use of the Card, whether authorized by the Cardholder /Beneficiary or not and shall indemnify the Bank against any loss or damage caused by any unauthorized use of the Card or related PIN, including any penal action arising there from on account of any violation of RBI guidelines or rules framed under the Foreign Exchange Management Act 1999 or any other law being in force in India or any other country/state/continent/territory wherever located in the world at the time not withstanding the termination of this agreement.
- 9.The Cardholder/Beneficiary agrees that in the event of the withdrawal beyond the stored value the Bank reserves the right to charge interest as per its rules and set off the amount against any credit balance lying in any of his accounts without notice.
- 10.The Cardholder and the Beneficiary shall be jointly and severally responsible for transactions effected by the use of the Card, whether authorized by the Cardholder or not and shall indemnify the Bank against any loss or damage caused by any unauthorized use of the Card or related PIN or any other law being in force in India not withstanding the termination of this agreement.
- 11.The Cardholder/Beneficiary hereby undertakes to destroy the Card when it expires by cutting it into pieces.
- 12.Gift Card Validity: The validity period of the KBL Gift card is mentioned on the face of the card, but the card will be valid for a maximum 5 years or up to the validity period mentioned on the card whichever is earlier. Cardholder/purchaser shall be responsible to ensure full utilization of the KBL Gift card before expiry.
Merchant Establishment Usage:
- 1.The Card is accepted at all Electronic Point of Sale terminals at Merchant Establishments in India which display the VISA logo.
- 2.The Card is for Electronic use only and will be accepted only at Merchant Establishments that have an Electronic Point of Sale swipe terminal. Any usage of the Card other than electronic use will be deemed unauthorized and the Cardholder and the Beneficiary will be jointly and severally responsible for such transactions.
- 3.The Cardholder/Beneficiary must sign the sales slip and retain his copy of the sales slip whenever the Card is used at Merchant Establishments. Bank will not furnish copies of the sales slip. Any sales slip not signed personally by the Cardholder but which can be proved, as being authorized by him will be deemed to be his liability.
- 4.The Bank will not accept any responsibility for any dealings the Merchant may have with the Cardholder/Beneficiary, including but not limited to supply of goods and services. Should he have any complaint relating to any VISA Card Merchant Establishments, the Cardholder/Beneficiary should resolve the matter with the Merchant Establishment and in the event of the complaint remaining unresolved it will not relieve the Cardholder/Beneficiary from any obligations to the Bank.
- 5.The Bank is not responsible for any charges over and above the value / cost of transactions levied by any Merchant Establishment and debited to the Card’s stored value along with the transaction amount.
- 6.A purchase and a subsequent credit for cancellation of goods / services are two separate and independent transactions. The refund (less cancellation charges) will only be credited to Card's stored value as and when it is received from Merchant. If the credit is not posted to Card's stored value within 30 days from the day of refund, the Cardholder/Beneficiary must notify the Bank along with a copy of the credit note from the Merchant.
- 7.The Cardholder and the Beneficiary shall be jointly and severally liable for all unauthorized acts and transactions.
International Usage:
- 1.The Gift Card is NOT valid for international usage as per RBI guidelines.
Fees:
- 1.Fees for the card shall be charged as prescribed by the Bank from time to time. Such fees will be debited to Card’s stored value. These fees are not refundable. Charges for other services will be debited at prevailing rates.
- 2.Charges wherever applicable will be debited to the Card's stored value simultaneously while posting such transaction.
- 3.The Charges/fees applicable on the usage of the Card are subject to revision/ changes by the Bank from time to time without prior intimation to the Cardholder/Beneficiary.
Features of the Card:
The Bank may from time to time, at its discretion, tie up with various agencies to offer various features on the card. All these features would be on best efforts basis only and the Bank does not guarantee or warrant the efficacy, efficiency or usefulness of any of the products or services offered by any service providers/merchants/outlets/agencies. Disputes, if any will have to be taken up with the merchant/agency, etc., directly, without involving the Bank.
Disclosure of Information:
1.When requested by the Bank, the Cardholder/Beneficiary shall provide any information, records or certificates relating to any matter that the Bank deems necessary. The Bank reserves its right to verify the veracity of the information furnished by whatever means or from whichever source deemed necessary. If the data is not provided or if found incorrect, the Bank may, at its sole discretion, cancel the Card forthwith.
2.The Cardholder/Beneficiary agrees that the Bank shall have the right to disclose Cardholder/beneficiary information to any court of competent jurisdiction, quasi judicial authority, law enforcement agencies and any other wing of Central Government or State Government or Publish in Newspaper or media.
Temporary Blocking, Deactivation and Activation:
The use of the Card may be cancelled temporarily (''Temporary Blocking'') or permanently (''Deactivation'') under the following circumstances:
- 1.Temporary Blocking may be effected
- Upon pledging as collateral or imposing an attachment to the funds in the card.
- Upon any breach of these General Terms by the Cardholder/Beneficiary.
- 2.Deactivation may be effected :
- Upon loss, theft, damage or destruction of the Card
- Upon expiry of the Card
- Upon Cardholder’s/Beneficiary’s termination of these General Terms
- Upon Bank's termination of these General Terms
- Upon death or insolvency or other legal disability of the Cardholder/ Beneficiary
- Upon issuance of a new card in substitution of the existing Card at the discretion of the Bank
- 3.The request for temporary/permanent blocking of the Card has to be made by the Cardholder/Beneficiary in writing or over telephone to the nearest branch or to the Customer Care Centre. However, the Bank shall not be liable for any loss or damage howsoever caused by temporary/permanent blocking.
- 3(a) When the card is temporary blocked/deactivated at the request of the Cardholder/Beneficiary, the Bank is not liable to other for any damages/claim alleged to arise out of such temporary blocking / deactivation.
- 4.The Bank is entitled to request any data related to the Cardholder/Beneficiary and the account prior to blocking in order to verify the identity of the reporting person.
- 5.The Card shall remain temporarily blocked until its reactivation after the request of the Cardholder/Beneficiary in writing.
- 6.If within the validity period of the Card, which is reported lost, if the Cardholder/Beneficiary subsequently is able to trace/find the Card, the Cardholder/Beneficiary shall inform the Bank and may submit a request for activation. In such case, the Bank, at its sole discretion may activate the Card provided that no Card in lieu of lost Card was issued.
- 7.In case of loss, theft, damage or destruction of the Card, the Cardholder shall submit a request in writing for the issuance of a new Card. In case of forgotten PIN/damaged Card the Bank may issue a new Card on written request and return of the existing Card.
- 8.Upon restriction being imposed on the operation of the Card by an order of the court or other authority, the Bank shall deactivate the Card.
- 9.The Bank shall be entitled to block the Card for security reasons, in cases of insufficient funds, suspicion of misuse of the Card and if necessary in the interest of protecting the Cardholder from damages.
- 10.The Bank shall not be liable for any damages arising from unauthorized use of a lost or stolen Card prior to its blocking or deactivation.
Lost or Stolen Card:
- 1.If the card is lost or stolen, the Cardholder/Beneficiary must report the loss to the Bank immediately for hot listing the Card. Though the loss or theft may be reported by means of the Bank's toll free help line - 1800 425 1444, the Cardholder/Beneficiary must confirm the same in writing to the Bank as soon as possible. A copy of the acknowledged police complaint must accompany the said written confirmation.
- 2.Cardholder/Beneficiary is protected from any financial liability, after the loss/ theft is reported to the Bank, arising from any purchase transaction done on his Card from the time Cardholder/Beneficiary reports the loss to the Bank.
- 3.The Cardholder and the Beneficiary shall jointly and severally agrees to indemnify the Bank fully against any liability (civil or criminal), loss, cost, expenses or damages that may arise due to loss or misuse of the Card in the event that it is lost and not reported to the Bank or lost and misused before it is reported to the Bank.
Statement and Records:
- 1.The records of Card Transactions will be available on the internet in URL http://www.giftcard.karnatakabank.com
- 2.The Bank's record of transactions processed on the use of the Card shall be conclusive and binding for all purposes.
Disputes:
- 1.In case of purchase transactions, a sales slip with the signature of the Cardholder/Beneficiary together with the Card number noted thereon shall be conclusive evidence between the Bank and the Cardholder/Beneficiary as to the extent of the liability incurred by the Cardholder/Beneficiary. The Bank shall not be required to ensure that the Cardholder/Beneficiary has received the goods purchased/availed of the services to the Cardholder's/Beneficiary’s satisfaction.
- 2.The Bank shall make bona-fide and reasonable efforts to resolve an aggrieved Cardholder's/Beneficiary’s disagreement with an applicable charge indicated in the account statement or as otherwise determined by the customer within two months of the receipt of notice of disagreement. If after such effort the Bank determines that the charge is correct, then it shall communicate the same to the Cardholder/Beneficiary.
- 3.The Bank shall not be responsible or liable in any manner for the refusal by any Merchant Establishment to accept or honour the Card.
- 4.All disputes are subject to the exclusive jurisdiction of the Courts of Mangalore, irrespective of whether any other Court may have concurrent jurisdiction in the matter and governed by the Laws of India.
- 5.The Cardholder and the Beneficiary jointly and severally will be liable for all the costs associated with the collection of dues, legal expenses (should it become necessary to refer the matter to any agent), or where legal resources have been utilized in the resolution of a dispute.
- 6.Bank shall not be liable or responsible for the goods or services purchased or availed by Cardholder/Beneficiary either by way of short supply or non supply or defective supply or quality or quantity or rates or delivery of goods or services and any such disputes must be resolved by the Cardholder/Beneficiary with the Merchant Establishment.
Termination:
- 1.The Bank reserves the right to cancel/withdraw the Card or any of the other services offered at any time without prior notice and without assigning any reason.
- 2.In the event that the Cardholder/Beneficiary decides to terminate the use of the Card, the Cardholder and the Beneficiary jointly and severally shall give the Bank not less than seven (7) days prior notice in writing and forthwith return the Card. However, not withstanding termination of the Card facility, the transactions already processed shall be deducted in the card balance to the extent of those transactions. The Cardholder and Beneficiary will be jointly and severally responsible for all the Card facilities and related charges incurred on the Card after the Cardholder/Beneficiary claims to have destroyed the Card, notwithstanding the termination of the applicability of these Terms and Conditions. The Cardholder and Beneficiary will be jointly and severally responsible for all the charges incurred on the Card whether or not the same are a result of misuse/fraudulent use and whether or not the Bank has been intimated of the destruction of the Card.
- 2(a) Where the Bank acts on the termination instruction given by the Cardholder or the Beneficiary, it shall not be liable to the other for any damages/claims alleged to arise out of such termination.
- 3.The Bank shall be entitled to terminate the Card facilities with immediate effect and the Card shall be returned upon the occurrence of any of the following events:
- Failure to comply with the Terms and Conditions herein set forth.
- An event of default under an agreement or commitment (contingent or otherwise) entered into with the Bank.
- The Cardholder/Beneficiary becoming the subject of any bankruptcy, insolvency proceedings or proceedings of similar nature.
- Demise of the Cardholder/Beneficiary.
- Reported lunacy/unsound mind of the cardholder/Beneficiary.
- If it is considered by the Bank that the facility is being misused/improperly used in anyway.
- If any adverse report is received from any of the Banks/Branches in the network.
- If the information furnished in the application form is found to be incorrect or false or in the event of misrepresentation of the facts.
Indemnity:
The Cardholder and Beneficiary jointly and severally shall indemnify and hold the Bank harmless against all losses, damages, claims which the Bank may sustain or incur or suffer due to:
- 1.Negligence / mistake or misconduct of the Cardholder/Beneficiary.
- 2.Breach of Terms & Conditions for issue of Card.
- 3.Improper or unauthorized use or handling of Card.
Unutilized Card amount guidelines: The unutilized available amount of minimum of Rs.100/- (Rupees One hundred only) and above at the time of expiry of the Card shall be redeemed by issue of new Gift card to the Purchaser of the card after deducting the Bank’s charges, provided a claim for such refund is made with the Bank not later than 3 (three) months from the expiry of the card. Unutilized available amount cannot be refunded before expiry of the Card. An available unutilized amount of not more than Rs.100/- at the time of expiry of the Card shall lapse to the Bank.
General:
- 1.The Cardholder/Beneficiary shall notify the Bank in writing of any change in his employment and/or office or residential address and telephone numbers.
- 2.The Bank reserves the right to add or delete or vary any of the Terms and Conditions, policies, features and benefits. Publication of changes by hosting the same on the Bank’s website or by such means as the Bank may consider appropriate will constitute effective notice to the Cardholder/Beneficiary thereof. Use of the Card after the date upon which any of these alternations are to take effect will be deemed as the evidence of the acceptance, without reservations, by the Cardholder/Beneficiary of such changes.
- 3.Any communication sent by post will be deemed to have been received by the Cardholder within 7 days from the posting of the letter to the address last given to the Bank in writing by the Cardholder/ Beneficiary.
- 4.The Bank makes no representations about the quality of the goods and the services offered by third party providing benefits such as discounts to Cardholder/Beneficiary. The Bank will not be responsible if the service is in any way deficient or otherwise unsatisfactory.
- 5.The Cardholder/Beneficiary shall be availing this facility at his own request without any liability either expressed or implied on the part of the Bank and agrees not to make any claims against the Bank in respect thereto.
- 6.All transactions will be subject to delay, due to connectivity/ transmission/ communication related issues. The Bank will not be responsible for any loss or damage or inconvenience caused to the cardholder/Beneficiary due to such delay.
- 7.All authorizations and power conferred on the Bank are irrevocable.
- 8.Unless there is anything repugnant in the subject or context
- (i) Words imparting masculine gender shall be taken to include females; and (ii) Words in the singular shall include the plural and vice versa.
