Terms and Conditions

24. CHARGES

• The ONLINECUB Customer hereby authorize CUB to debit one of the Accounts of the ONLINECUB Customer with such fees, charges, disbursements and any amounts payable by the ONLINECUB Customer to the Bank under these Terms & Conditions including, but not limited to, the service fees and charges payable for providing the Net Banking and any transactional charges (if any) payable by the ONLINECUB Customer to the Bank under any Trade Documents.

25. DISCLAIMER OF WARRANTIES

• 25.1 USER 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, CUB 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.
• 25.2 CUB does not warrant that access to the Website and Net 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 Net Banking.
• 25.3 CUB will not be liable for any virus that may enter the user's system as a result of the user using Net Banking. The BANK does not guarantee to the user or any other third party that Net Banking would be virus free.

26. WAIVER

• No act, delay or omission by CUB shall affect its rights, powers and remedies under these terms and conditions or any further or other exercise of such rights, powers or remedies. The rights and remedies under these Terms & Conditions are cumulative and not exclusive of the rights and remedies provided by law.

27. SEVERABILITY

• 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 become 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.

28. ENTIRE AGREEMENT

• These Terms and Conditions are the entire agreement between the parties concerning the use of the ONLINECUB and online services. It supersedes all previous agreements, communications, representations and discussions between the ONLINECUB Customer and CUB concerning the use of online Services. Neither party will have a right of action against the other arising from any previous agreement, communication, representation and discussion.

29. FORECE MAJEURE

• CUB shall not be liable for delay in performing or failure to perform any of its obligations under these Terms and Conditions due to any cause beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communications and computer systems and services over which it has no control, war, hostilities, invasions, civil unrest, strikes, lock-outs other industrial action or trade disputes (whether involving CUB's employees or a third party) or any law or government order (whether or not having the force of law). Any delay or failure of this kind will not be a breach of these Terms and Conditions and the time of performance of the affected obligation will be extended by a period which is reasonable in the circumstances.

30. RELATIONSHIP BETWEEN THE PARTIES

• The Services provided by CUB are as an independent contractor and nothing in the provision of the Services shall be deemed to create any partnership, joint venture or relationship of principal and agent between the parties or creates or gives rise to any fiduciary relationship of any nature between the parties.

31. ARBITRATION

• In the event of any disputes, differences or claims arising between the parties out of this Agreement or in any way relating to any term, condition or provision herein mentioned or in the construction or interpretation of any of the clauses, the parties hereto shall first endevour to settle such disputes, differences, or claims by friendly consultation, failing which the same shall be referred to arbitration by a Sole Arbitrator appointed by CUB who's decision shall be final and binding on all parties to this agreement. The venue of the arbitration proceedings shall be Chennai, India and shall be governed by the rules of the Arbitration and Conciliation Act of 1996. The language used in the arbitration shall be English.

32. GENERAL

• The clause headings in this agreement are only for convenience and do not affect the meaning of the relative clause. The USER shall not assign this agreement to anybody else. The Bank may sub-contract and employ agents to carry out any of its obligations under this contract.