Client OnbOarding bOOklet€¦ · Client OnbOarding bOOklet Coöperatieve Rabobank U.A., Mumbai....

Client OnbOarding bOOkletCoöperatieve Rabobank U.A., Mumbai

index

01

S.no

4-6

Page no.

02 7-10

03 11-15

04 16-18

05 19-28

06 29-31

07

08

32-41

42-88

FOrMS

Client identification Form

5

Type of Loan- (Please Tick)

Working

Credit/Letters

Capital

Credit/Bank

Demand

Guarantees/Rupee

Branch:

Loan/cash-credit/Export

Term Loan/Foreign Curency Term Loan

Client identification Form

Coöperatieve Rabobank U.A., Mumbai Branch

Establishment/Company Particulars

Name (Account Title)

Country of Registration/ Incorporation

Registered Address

City

City

State

State

Tel No.

GST No.

E-mail

Correspondence /Operating / MailingAddress

PIN Code

PIN Code

Country

Country

PAN No.

Constitution - (Please Tick)

Partnership Firm(Registered/Un registered)

Other (Please Specify)

Corporate Identity No. (CIN) :

Registration No ( for Partnership Frims) :

Status :

Nature of Business :

Proprietorship

Resident

Society / Club / Association

Non-Resident BSR Code

for Bank use

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6

Contact Persons

Call Back Request

Signature of Applicant/co-applicant

Email IDs of employees from your authorised signatory ID who should be receiving the e-statements, account statements and transaction advices. (We request you to kindly limit the number of email IDs to five.

In order to ensure authenticity of transactions sent to the bank for processing, kindly call on any of the below officials of thecompany to confirm the request

If this list requires updating in the future, you may do so by sending an email with the updated list [email protected]

If this list requires updating in the future, you may do so by sending an email with the updated list to [email protected]

S.No. Company Email ID

Namer of theCompany Official Designation Mobile NumberTelephone

Number

Identity Proof (Copyof PAN / Driving License

/ Voter ID / Passport)

Name of the Designated Person/Designated Team

Signature

Name :

Signature

Name :

Signature

Name :

Signature

Name :

Page 2 of 2

Signature Card

8

Single Joint Either or Survior

Account Name :

Other (Please Specify):

Number of Signatories:

Signature Card


Establishment/Company Particulars

Y Y Y YD D M MDate

Sr. No.

Designation

Name

Signature

Photograph

Please sign across the Photograph

Sr. No.

Designation

Name

Signature

Photograph


Page 1 of 3

Sr. No.

Designation

Name

Signature

Photograph


9 Page 2 of 3

Sr. No.

Designation

Name

Signature

Photograph


Sr. No.

Designation

Name

Signature

Photograph


Sr. No.

Designation

Name

Signature

Photograph


Sr. No.

Designation

Name

Signature

Photograph


Sr. No.

Designation

Name

Signature

Photograph


10

Signature

Authorised Signatory Name and Signature

Please submit Certified True Dated Copy by any of the following:- Company Secretary/-Chartered Accountant/- Notary/- Existing Banker /-

A/c No.:

( Affix Company’s seal )

Page 3 of 3

Sr. No.

Designation

Name

Signature

Photograph


Sr. No.

Designation

Name

Signature

Photograph


FatCa CrF Form C for non Financial Entities (NFE)

12

FatCa CrS FOrM CFor Non-Financial Entities (NFE)


You are requested to provide the following self-certification information (“Confidential Data”) to facilitate compliance by Coöperatieve Rabobank U.A., Mumbai Branch (the “Bank”) with any obligations which the Bank or any of its affiliates mayhave under or pursuant to: i) FATCA1; or (ii) any agreement entered into by the Bank or any of its affiliates pursuant toFATCAand(iii) CRS2(together with (i) and (ii), the “Tax Compliance Obligations”).

You acknowledge, agree and freely consent to the use and disclosure of Confidential Data provided by you to the Bank belowfor the purposes of enabling the Bank or its affiliates to comply with any Tax Compliance Obligations, including but not limitedto the Bank’s transfer of any Confidential Data to the U.S. Internal Revenue Service or any local or foreign tax authority.

To: Coöperatieve Rabobank U.A., Mumbai Branch

Part I. Tax Residency

A

B

Entity Name:

Address:

State:

City:

Postal Code:

Country:

Does the entity have tax obligations in the United States of America?

Please provide the TIN/EIN number of the organisation.

TIN/EIN number (provide the 9 digit number)

YESGo to A

YESGo to B

Please list all jurisdictionswhere the Entity is Tax Resident

Local Tax IdentificationNumber (TIN)/(PAN)

If no TIN/PAN is available thenplease provide explanation.

Proceed To Part II

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Part II. Indicate which statements below are applicable to the entity. Multiple choices are possible.

If you answer YES to one of the above questions, the entity is considered Active.

Please proceed to the Part IV “Self-Certification Sign Off”.

If you answer NO to all of the above questions, the entity is considered Passive.

Please proceed to Part III “Controlling Persons4 Table”.

Part III. Please complete the following table entitled “Controlling Persons”. Please continue on aseparate sheet if necessary

1

6 The NFE was not a financial institution in the past five years and is in the process ofliquidating its assets or is reorganizing with the intent to continue or recommenceoperations in a business other than that of a financial

YES

YES

NO

NO

2

3

4

7

9

5

8

Is this publicly traded NFE (or Related to publicly traded NFE)

Is this a Treasury centre that is a member of a nonfinancial group?

Is this a Non-Profit NFE?

Is this a NFE that is liquidating or emerging from bankruptcy?

Is this a start-up NFE

Is this a Holding NFE that is a member of a non-financial group (provided it does notfunction as an investment fund, private equity fund or similar)?

Is this a Governmental Entity, International Organisation, Central Bank or theirwholly owned subsidiary?

YES NO

YES NO

YES NO

YES NO

YES NO

YES NO

YES NO

Address ofControllingPerson:

Country(tries)of TaxResidence:

Local TaxIdentificationNumber(TIN)/(PAN):

TIN Type: Date ofBirth

Place ofBirth(City/TownCountry)

Percentageof Ownershipwhere 25%and more

If TAX IDcannotbe obtained,pleaseprovideexplanation.

Name ofcontrollingPerson4 :

Type ofControllingPerson5 :

The entity has generated less than 50% of its gross income in the preceding tax3 year from passive income3 (such as dividend income, interest income) or \ less than2 50% of its assets during the preceding tax year are used to generate passive income2.

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Part IV. Self-certification Sign-off

Without prejudice to the Bank’s ability to rely on the above information provided, I confirm that I am anauthorisedrepresentative who is authorised to execute this self certification form on behalf of the above entity and its ControllingPerson(s), where applicable, and I confirm that the information provided on this form is, to the best of my knowledge andbelief, true, correct and complete.

Should there be any changes to any of the information provided above at any time, I agree on behalf of the above entity and its Controlling Person(s), where applicable, that a new and revised self certification form will be submitted to the Bank by email to Relationship Manager and [email protected] within 30 days following any such changes.

Signature Name of Authorised Signatory Designation Date (MM/DD/YYYY)


1“FATCA” means:

(A) Section 1471 to 1474 of the US Internal Revenue Code of 1986 or any associated regulations or other official guidance;

(B) Any treaty, law regulation or other official guidance enacted in any other jurisdiction, or relating to an intergovernmental agreement between the US and any other jurisdiction, which (in either case) facilitates the implementation of paragraph (I) above; or

(C) Any agreement pursuant to the implementation of paragraphs (I)or (ii) above with the Us internal Revenue Service, the Us government or any governmental or taxation authority in any other jurisdiction.

2The Organisation for Economic Cooperation and Development (OECD) has developed CRS to enable automatic exchange of financial account information in tax matters between jurisdictions. India is one of the participating jurisdictions. As a financial institution, we are legally bound to report the data of the entity to the Indian Tax Authorities if your entity’s tax residence or multiple tax residences (if any) are outside India in a participating CRS country. As Government of India has joined the Multilateral Competent Authority Agreement (MCAA) for CRS, we are collecting and reviewing information to identify the tax residency or multiple tax residences (if any) of entities.

3Passive income is the portion of the gross income that consists of:

dividends and dividend substitute payments (income equivalent to dividend);interest and income equivalent to interestrents and royalties, other than rents and royalties derived in the active conduct of a trade or business conducted, at

least in part, by employees of the NFE;annuities;income from swap-contracts;rental income of real estate property provided that this income can be obtained by performing little to no activity

4Controlling person means the natural person who exercises control over an entity and includes a beneficial owner asdetermined under sub-rule (3) of rule 9 of the Prevention of Money-laundering (Maintenance of Records) Rules, 2005. In thecase of a trust, the controlling person means the settlor, the trustees, the protector (if any), the beneficiaries or class ofbeneficiaries, and any other natural person exercising ultimate effective control over the trust, and in the case of a legalarrangement other than a trust, the said expression means the person in equivalent or similar position.

In determining the beneficial owner, the procedure specified in the following circular as amended from time to time shallbe applied, namely:-

(i) DBOD.AML.BC. No.71/14.01.001/2012-13, issued on the 18th January, 2013 by the Reserve Bank of India; or(ii) CIR/MIRSD/2/2013, issued on the 24th January, 2013 by the Securities and Exchange Board of India; or(iii) IRDA/SDD/GDL/CIR/019/02/2013, issued on the 4th February, 2013 by the Insurance Regulatory and DevelopmentAuthority

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The beneficial owner as per rule 9 of the Prevention of Money-laundering (Maintenance of Records) Rules, 2005 asamended from time to time

(a) where the client is a company, the beneficial owner is the natural person(s), who, whether acting alone or together, orthrough one or more juridical person, has a controlling ownership interest or who exercises control through other means.

Explanation - For the purpose of this sub-clause -1. “Controlling ownership interest” means ownership of or entitlement to more than twenty-five per cent. ofshares or capital or profits of the company;2. “Control” shall include the right to appoint majority of the directors or to control the management or policydecisions including by virtue of their shareholding or management rights or shareholders agreements or votingagreements;

(b) where the client is a partnership firm, the beneficial owner is the natural person(s) who, whether acting alone ortogether, or through one or more juridical person, has ownership of/entitlement to more than fifteen per cent. of capitalor profits of the partnership;

(c) where the client is an unincorporated association or body of individuals, the beneficial owner is the natural person(s),who, whether acting alone or together, or through one or more juridical person, has ownership of or entitlement to morethan fifteen per cent. of the property or capital or profits of such association or body of individuals;

(d) where no natural person is identified under (a) or (b) or (c) above, the beneficial owner is the relevant natural personwho holds the position of senior managing official;

(e) where the client is a trust, the identification of beneficial owner(s) shall include identification of the author of the trust,the trustee, the beneficiaries with fifteen per cent. or more interest in the trust and any other natural person exercisingultimate effective control over the trust through a chain of control or ownership; and

(f ) where the client or the owner of the controlling interest is a company listed on a stock exchange, or is a subsidiary ofsuch a company, it is not necessary to identify and verify the identity of any shareholder or beneficial owner of suchcompanies.

5Type of Controlling Person

C01-CP of legal person-ownershipC02-CP of legal person-other meansC03-CP of legal person-senior managing officialC04-CP of legal arrangement-trust-settlorC05-CP of legal arrangement--trust-trusteeC06-CP of legal arrangement--trust-protectorC07-CP of legal arrangement--trust-beneficiaryC08-CP of legal arrangement--trust-otherC09--CP of legal arrangement—Other-settlor equivalentC10--CP of legal arrangement—Other-trustee equivalentC11--CP of legal arrangement—Other-protector equivalentC12--CP of legal arrangement—Other-beneficiary equivalentC13--CP of legal arrangement—Other-other equivalentC14--Unknown

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Sanctions letter

17

Subject : Information about high risk countries

dear Sir / Madam

As a business operating internationally, you are faced with the fact that certain countries are subject to trade restrictions, including international sanctions. These sanctions are imposed by the European Union (EU), the Office of Foreign Assets Control (OFAC) of the US government, and other authorities. Since these international sanction laws also affect Dutch banking regulations, they are relevant to Rabobank.

The EU sanctions apply to all transactions; the OFAC sanctions are relevant mainly to transactions with entities established under US law or whose registered office is located in the United States, along with transactions in US dollars or transactions involving goods that originated in the United States. Besides external laws and regulations, Rabobank also maintains an internal sanctions policy, as detailed in this letter.

iran, Sudan, Syria and north korea

Due to the stringent sanctions and risk considerations, Rabobank currently does not facilitate transactions to and from Iran, Sudan (excluding South Sudan), Syria and North Korea. Both direct and indirect transactions (via banks located in other countries) with these high-risk countries are not processed. This applies to clean, documentary and cash payments relating to these countries. Rabobank also refuses to cooperate in U-turn transactions. This means we also do not facilitate financial transactions that, via detours, are ultimately linked to the sanctioned country.

Cuba

Rabobank currently does not facilitate transactions with a U.S. component with Cuba. The U.S. component can be identified in the following forms: USD transactions, transactions with U.S. persons, U.S. entities, U.S. territory , US banks and (partially) U.S. goods.

Furthermore, USD conversion clauses are not allowed in transactions with a US element involving the sanctioned countries mentioned above¹ .

Specially designated nationals (Sdn)

Part of the internal sanctions policy is that no transactions will be facilitated, direct or indirect, in relation to entities that appear on OFAC SDN, regardless of the currency.

Stay informed

Sanctions may change over time; you can consult the websites of the Dutch Central Government (Rijksoverheid) and the Office of Foreign Assets Control of the US Government (OFAC) for information on the most recent sanctions. On Rabobank.com the Sanctions statement Rabobank is published with additional information: https://www.rabobank.com/en/images/sanctions-statement.pdf

Sanctions letter


Address : 20/F, Tower A, Peninsula Business Park Senapati Bapat Marg, Lower Parel Mumbai 400013

Telephone : (91-22)24817700Fax : (91-22)24817979

¹A conversion clause occurs when the price is stated in USD in a deal or contract and subsequently stated in the terms or instructions that the final payment will be made in EUR currency (or other currencies).

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Questions

Please do not hesitate to contact us if you have any questions. We will be pleased to inform you about the current situation.

Yours sincerely,

Rabobank

Signature

Kindly Acknowledge Here

Name of Authorised Signatory

Account Name:

Y Y Y YD D M MDate


Page 2 of 2

Client information notice - data Privacy

20

Client information notice - data Privacy


This Client Information Notice (“Notice”) explains how Coöperatieve Rabobank U.A. (“Rabobank”) and members of the Rabobank Group [which shall include Coöperatieve Rabobank U.A. , its direct and indirect holding company, any direct or indirect subsidiary of Rabobank and its holding company and the head office, branches including Rabobank Mumbai Branch and other offices (wherever located) of any of the previously mentioned companies (together or individually) will use information obtained from or relating to you (the “Client”) or your Relevant Individuals. Client understands that as a pre-condition, relating to availing of the loans/ advances/ other fund-based and non-fund-based credit facilities and other services to be availed by the Client, the Bank requires Client’s consent for the disclosure by the Bank of information and data relating to the Client, of the credit facility availed of/to be availed, by the Client, obligations assumed/ to be assumed, by the Client, the products and services availed or to be availed by the Client, in relation thereto and default, if any, committed by the Client, in discharge thereof. Accordingly, we, hereby unconditionally and unequivocally agree and provide our consent for the disclosure by the Bank of all or any such our information and data for the purposes as appearing herein after.

This Notice should be read in conjunction with the Data Privacy Statement (a copy of which is enclosed with this Notice). A list of the defined terms that apply to this Notice is set out in the “Appendix” section of this Notice.

For what purposes will client information be collected, used, transferred or disclosed?

The Bank and other members of the Rabobank Group may use, transfer, or disclose client information (which includes any information in whatever form provided by, or relating to, the Client or a Relevant Individual and may comprise of their Sensitive Personal Data or Information or Tax Information, (the “Client Information”) for the following purposes (the “Purposes”):

• processing, assessing, determining and approving any applications or requests made by the Client for availing the Bank’s and the Rabobank Group’s products and services;

• offering, administering, maintaining, managing, operating and providing products and services by the Bank or other members of the Rabobank Group to the Client, and maintaining the Bank’s and the Rabobank Group’s overall relationship with the Client;

• to any agent, contractor or third party service provider, wherever located or situated, who, under a duty of confidentiality to the Bank, provides operational, administrative, telecommunications, systems, application, technology, computer, server hosting, cloud computing, payment or securities clearing, custodial, depository, nominee or other services to the Bank or any member of the Rabobank Group, in connection with the operation of the Bank’s or Rabobank Group’s business;

• meeting Compliance Obligations;

• conducting Crime Risk Management Activity;

• determining any amount of indebtedness owing to or from the Client, and collecting and recovering any amount owing from the Client or any person who has provided any security, guarantee or undertaking for the Client’s liabilities;

• performing any functions and activities related to the products and services provided by the Bank or any member of the Rabobank Group, including credit and risk management, system or product development and planning, insurance, audit, reporting, administrative and operational purposes;

• conducting credit checks, obtaining and providing credit reference and monitoring and assisting other financial institutions to do the same to ensure the Client’s and/or any Relevant Individual’s on-going creditworthiness

• designing, improving, promoting and furthering the Bank’s and the Rabobank Group’s products or services to the Client

and/or Relevant Individuals in their official capacity, conducting market research, carrying out general servicing and

Address : 20/F, Tower A, Peninsula Business Park Senapati Bapat Marg, Lower Parel Mumbai 400013

Telephone : (91-22)24817700Fax : (91-22)24817979

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maintenance of online and other services, and for the Bank and members of the Rabobank Group to produce internal and external communications (subject to, for the avoidance of doubt, the terms of any separate confidentiality agreement entered into between the Client and the Bank or any member of the Rabobank Group) relating to completed transactions;

• enabling the Bank’s and any member of the Rabobank Group’s actual or proposed assignee, or participant or sub- participant, or transferee of any member of the Rabobank Group’s rights in respect of the Client and Relevant Individuals to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation, or transfer, and to continue to operate the Bank’s or a member of Rabobank Group’s business or a similar service upon completion of such transaction;

• data storage and/or processing in the Bank and the Rabobank Group’s global customer relationship, customer data and transaction data management systems;

• exercising any rights which the Bank and any member of the Rabobank Group may have in connection with the provision of products and services to the Client or Relevant Individuals;

• introducing and/or cross-referring the Client and Relevant Individuals to any of the divisions, affiliated companies and/or other business units within the Bank and the Rabobank Group wherever situated;

• matching any data held by the Bank or the Rabobank Group for whatever purpose (whether or not with a view to taking any adverse action against the Client and Relevant Individuals);

• outsourcing functions to other members of the Rabobank Group and/or third party service providers to support the Bank’s and members of the Rabobank Group’s products and services;

• trades relating to Client’s transactions with or through the Bank or a member of the Rabobank Group, and any of Client’s accounts or accounts with the Bank or a member of the Rabobank Group, to any agents and brokers which the Bank may appoint or instruct for and on Client’s behalf, and to any exchange, market, clearing house or depository to the extent that the information disclosed is necessary for such agents, brokers, counterparties, custodians, exchanges, markets, clearing house or depositaries to carry out their duties, or for the Bank to refer instructions or provide services to the Client;

• to the extent that the Rabobank and members of Rabobank Group record any communication they have with Client or Relevant Individuals (including telephone calls), checking instructions provided by Client or Relevant Individuals to Rabobank and/or members of the Rabobank Group, and for identification, investigation, regulatory, fraud prevention, training and quality purposes and to analyze, assess and improve services provided by Rabobank or the Rabobank Group; and

• any purposes relating or incidental to any of the above or any other purposes in accordance with this Notice and other policies in relation to insurance, banking, financial and investment services as set out in statements, circulars, notices or other terms and conditions made available by the Bank to Clients or Relevant Individuals from time to time.

Who may receive Client Information?

Protecting the confidentiality of your information is our top priority. The Bank and other members of the Rabobank Group may however in accordance with its stringent internal policies and in compliance with applicable laws and regulations, transfer, share, exchange and disclose Client Information to all such persons or parties (wherever located) for any of the Purposes, whom may include the following:

• any member of the Rabobank Group (including their employees, directors and officers, agents, contractors, third party service providers, auditors, legal and other professional advisers, wherever located);

• any person to whom disclosure of Client Information is necessary in order for the Rabobank Group to validly effect, manage, administer and/or enforce any services or transactions requested or authorized by the Client;

• any person with whom the Bank or any member of the Rabobank Group enters into any contractual or other arrangement in relation to any of the services and facilities the Bank or any member of the Rabobank Group provides or proposes to provide to the Client including, without limitation, any guarantors, sureties, third party security providers and/or third party service providers;

• any custodial, agent or broker to whom the Rabobank Group delegates any of its duties, functions or obligations under any of the agreements with the Client or Relevant Individuals in accordance with the terms and conditions contained therein;

• any agents, contractors, sub-contractors, data processors, service providers or associates of any member of the Rabobank Group (including their employees, directors and officers, agents, contractors, third party service providers, auditors, legal and other professional advisers);

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• any agents, contractors, sub-contractors, data processors, service providers or associates of any member of the Rabobank

Group (including their employees, directors and officers, agents, contractors, third party service providers, auditors, legal and other professional advisers);

• any Authorities (including their agents, associates or affiliates);

• any financial institutions, credit reference agencies or credit bureaus;

• debt collection agencies (in the event of default);

• any affiliates of the Bank or any member of the Rabobank Group, agents, brokers, exchanges, markets, clearing house, depositaries, swap or trade repository, or anyone acting on their behalf;

• any party involved in any actual or proposed business transfer, disposal, merger, assignment, participation or acquisition by the Bank or any member of the Rabobank Group;

• any person or entity under a duty of confidentiality to the Bank or a member of the Rabobank Group, wherever located;

• for submitting the ‘financial information’ as defined in Section 3 (13) of the Insolvency and Bankruptcy Code, 2016 read with the relevant regulations/ rules framed under the Code, as amended and in force from time to time, in respect of the credit/ financial facilities availed from Rabobank to any ‘Information Utility’ (‘IU’) as defined in Section 3 (21) of the Insolvency and Bankruptcy Code, 2016 Code, in accordance with the relevant Regulations framed under the Code, and directions issued by Reserve Bank of India to the banks from time to time and hereby specifically agree to promptly authenticate the ‘financial information’ submitted by Rabobank, as and when requested by the concerned ‘IU’; and

• any other person, with the Client’s prior written consent. Each of these recipients may also use, transfer and disclose Client Information for any of the Purposes set out above.

Request for Information

Upon any request made by the Bank, the Client shall as soon as reasonably possible supply the Bank with the relevant Client Information (or information about the Relevant Individuals) for the purposes of meeting any Compliance Obligations.

The Client agrees to inform the Bank promptly in writing if there are any changes to the Client Information supplied to the Bank.

Sensitive Personal Data or Information of Relevant Individuals

Where the Client provides or has provided the Bank with any Sensitive Personal Data or Information (whether relating to a Relevant Individual or otherwise), the Client confirms and represents that the Bank and any member of the Rabobank Group may use, transfer and disclose such Sensitive Personal Data or Information for any of the Purposes in accordance with this Notice and all applicable laws including the Information Technology Act, 2000 as amended and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as amended.

The Client confirms that every Relevant Individual whose information (including Sensitive Personal Data or Information and Tax Information) has been (or will be) provided to the Bank or a member of the Rabobank Group has (or will at the relevant time have) been notified of and agreed to the processing, disclosure, transfer and use of their information as set out in this Notice in accordance with all applicable laws and regulations. The Client shall advise any such Relevant Individual that they have rights of access to, and correction of, their Sensitive Personal Data or Information.

Meeting Compliance Obligations

The Client accepts that where: • The Client or any Relevant Individual fail(s) to promptly provide any Client Information reasonably requested by the Bank; • the Client or any Relevant Individual withhold(s) or withdraw(s) any consent that the Bank or any members of the Rabobank

Group may need to use, process, transfer or disclose Client Information for any of the Purposes (except for Purposes connected with marketing or promoting products and services to the Client or the Relevant Individual); or

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• The Bank or a member of the Rabobank Group has suspicions regarding crime or an associated risk, the Bank may take any action(s) necessary for it to meet the Compliance Obligations.

• To the extent permissible by law, neither the Bank or any member of the Rabobank Group shall be liable to the Client, a

Relevant Individual or any third party in respect of any loss (howsoever it arises) that is suffered or incurred by the Client, a Relevant Individual or a third party, caused in whole or in part in connection with the undertaking of any action(s) by the Bank to meet its Compliance Obligations.

General Provisions

1 The Client understands that Client Information may be transferred outside of India to a destination jurisdiction with data protection and secrecy laws different to those in India that do not offer an equivalent or adequate level of protection compared to the laws of India. The Client confirms that it has obtained sufficient informed consent of the Relevant Individuals (and/or any third party to whom the Client owes a duty of confidentiality with respect to the disclosure of Client Information) to such transfer and agrees to provide to the Bank such consent upon its request.

2 To the extent the Client enters and/or have entered into any separate agreement with the Bank and other members of the Rabobank Group, including agreements relating to confidentiality of the Client Information, such separate agreement shall continue to apply to the extent that it is not inconsistent with this Notice.

3 In the event of any conflict or inconsistency between any provision of this Notice and those in or governing any other service, product, business relationship, account or agreement between the Client (or a Relevant Individual) and the Bank (or members of the Rabobank Group), the provisions in this Notice will prevail.

4 Nothing in this Notice is intended to limit the scope of any other consent to disclosure or transfer separately given by the Client or a Relevant Individual to the Bank and other members of the Rabobank Group.

5 If all or any provision in this Notice becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability of such provision in any other jurisdictions or the remainder of this Notice in that jurisdiction.

6 The provisions in this Notice shall continue to apply notwithstanding any termination by the Bank or a member of the Rabobank Group of the provision of any services to the Client, or the closure of any of the Client’s accounts or repayment of the credit facilities granted to the Client.

7 This Notice is governed by and construed in accordance with the laws of India. The parties submit to the non- exclusive jurisdiction of the Mumbai Court.

We unconditionally and unequivocally acknowledge, confirm and agree to terms and conditions of this Not-ice including Data Privacy Statement annexed with this Notice.

For and on behalf of << Name of the Client>>

Signature Signature

Authorised Signatory Authorised Signatory

Name : Name :

Designation : Designation :

Account Name:

Y Y Y YD D M MDate Y Y Y YD D M MDate


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APPENDIx

Terms used in this Notice shall have the following meanings:

Authorities – includes any local or foreign judicial, administrative, public or regulatory body, any government, any tax, revenue or monetary authorities, trade repository, central counterparty, securities or futures exchange, court, arbitral body, tribunal, Reserve Bank of India or law enforcement body, self-regulatory or industry bodies or associations of financial service providers or any of their agents, associates, affiliates or persons with jurisdiction over any part of the Rabobank Group orwhose order, demand, request or directive any member of the Rabobank Group is obliged (whether legally or contractually) and/or accustomed to comply.

Compliance Obligations – any obligation or expectation on the Bank or any member of the Rabobank Group to comply with:

• any Laws or international guidance and internal policies or procedures;• any present or future guidelines, guidance, demand, directive or request from or issued by Authorities or any reporting,

disclosure or other obligations arising under Laws;• any Laws and internal policies or procedures requiring the Bank or any member of the Rabobank Group to verify the identity

of its Client and/or Relevant Individuals;• any present or future order, demand, request or directive issued by any Authorities with which the Bank or any member of

the Rabobank Group is obliged or accustomed to comply; and• any present or future contractual or other commitments of the Bank and or any member of Rabobank Group to any

Authority.

Crime Risk Management Activity - any action that the Bank or members of the Rabobank Group may take to meet Compliance Obligations relating to or in connection with the detection, investigation and prevention of crime (including money laundering, political affiliations, terrorist financing, bribery, corruption, tax evasion, fraud, evasion of economic or trade sanctions, or any acts or attempts to circumvent or violate any Laws relating to these matters or any other laws that give rise to an obligation on the part of the Bank or any member of the Rabobank Group to report the same to an Authority).

Laws – include any present or future local or foreign law, regulation, judgment or court order, arbitral award or order, code, guidelines, guidance (both mandatory and voluntary), sanctions regime, agreement (whether contractual or otherwise) between any member of the Rabobank Group and an Authority, and agreement or treaty between Authorities and applicable to the Bank or a member of the Rabobank Group.

Sensitive Personal Data or Information – has the same meaning as defined in Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as amended.

Relevant Individuals – a person whose information (including Sensitive Personal Data or Information or Tax Information) is provided by the Client, or on the Client’s behalf, to any member of the Rabobank Group or which is otherwise received by any member of the Rabobank Group in connection with the provision of services. A Relevant Individual includes any guarantor, manager, officer, director, employee, shareholder, partner, trustee, beneficial owner, authorised person, servant, agent and representative of the Client, or any other persons with whom the Client has a relationship that is relevant to the Client’s relationship with the Rabobank Group or provision of services by the Rabobank Group.

Tax Information – any tax related information (including documentation or information in whatever format about the Client’s tax status or the tax status of a Relevant Individual), including but not limited to account number, name, address, country of residence, social security or taxpayer identification number, account balance or value, the gross receipts and gross withdrawals or payments from any account held with the Bank, and any amounts of interest paid or credited to any account held with the Bank, as well as information,

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Documents or certifications about the Client’s identity, tax residence, nationality and status or that of the Relevant Individuals.

For and on behalf of << Name of the Client>>

Signature Signature

Authorised Signatory Authorised Signatory

Name : Name :

Designation : Designation :

Account Name:

Y Y Y YD D M MDate Y Y Y YD D M MDate


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Privacy Statement


Rabobank processes personal data. We wish to inform you about this clearly and transparently. This privacy statement will answer your most important questions about the processing of personal data by Rabobank and our group divisions in the Netherlands.

In this privacy statement we will use certain terms. Below is an explanation of those terms.Personal data: data that directly or indirectly identify you. Examples are your name and address, but also your income.

Processing: any acts that can be performed in relation to personal data. These may include collection, but also storage,use and removal of your data from our records.

Processing: any acts that can be performed in relation to personal data. These may include collection, but also storage, use and removal of your data from our records.

1. Whose personal data are processed by Rabobank?

We process personal data of persons with whom we have, wish to have, or used to have, a direct or indirect relationship. These may include personal data of:

clients and their representatives;persons who show an interest in our products and services ;or

persons who are associated with a business or organisation with which we have, wish to have, or used to have, a relationship.Please note: if your business or organisation provides us with personal data of employees or Ultimate Beneficial Owner(s), you are under the obligation to inform your employees or Ultimate Beneficial Owner(s) thereof. You may provide them with this privacy statement, so that your employees or Ultimate Beneficial Owner(s) can see how we treat their personal data. To protect your interests as well as our own, we may process personal data of third parties. We may do so, for example, for purposes of fraud control.

2. Who is responsible for the processing of my personal data?

All Rabobank Group divisions process personal data. Rabobank Group includes Rabobank and various subsidiaries globally. Any reference in this privacy statement to Rabobank will refer to Rabobank Group. The key Rabobank subsidiaries and locations in the Netherlands are:• Coöperatieve Rabobank U.A.• Rabohypotheek bank N.V.• Rabo Groen Bank B.V.• Rabo Financieringsmaatschappij B.V.• Rabo Herverzekeringsmaatschappij N.V.• Rabo Vastgoedgroep (including Rabo Bouwfonds Holding N.V,• Bouwfonds Investment Management B.V., Bouwfonds Property Development B.V. and Rabo Eigen Steen Holding B.V.)• De Lage Landen International B.V.• Obvion N.V.• Orbay B.V.

If you wish to know what Rabobank division is responsible for the processing of your personal data, please contact the Rabobank division that you do business with. More information about Rabobank divisions? Read more: https://www.rabobank.com/en/about-rabobank/profile/organisation/index.html.

3. For what purposes does Rabobank process personal data?

We process personal data for the following purposes:

a. To be able to enter into a relationship with you If you wish to become a Rabobank client, or if you wish to purchase a new product or a new service, we will require personal data. For example, we will have to carry out an investigation to review whether we can accept you as a client, or whether we can provide you with a loan. To that end, we can also use data

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about you that we receive from others. The data we received from you and we administrated can also be used for analysis to assess whether you qualify for a particular product. We are allowed to make a copy of your ID document. b. To maintain the relationship with you and to execute orders If you are a Rabobank client, we want to provide you with quality service. For that purpose, we process personal data. We will use your name and address details, for example, to maintain contacts with you. We may also disclose your name to others, e.g. in the context of payment transactions. We can make (audio, video and chat) recordings for the purpose of providing evidence, combating criminal activities and monitoring quality. We may also disclose your data to others, e.g. in the context of payment transactions, or if you ask us to, to make yourself known.

c. To protect your interests as well as our own To protect your interests as well as our own and the security and integrity of the financial sector, we may process personal data. For instance, to combat or investigate fraud. For this purpose, we may consult and enter personal data in the incident registers and alert systems of the financial sector, like the so called EVR. have certain assets or in the event of an unusual transaction in your account. Furthermore, we might be required to ascertain who the ultimate beneficial owner (UBO) is of a company with which we have a relationship. La-ws and regulations may also require us to disclose (analyzed) data about you to a government or regulatory body, e.g. the Netherlands Authority for the Financial Markets or the European Central Bank. In order to fulfill legal requirements and conventions, we sometimes have to disclose personal data to tax authorities within or outside the Netherlands. In addition, based on our duty of care, we are required to process personal data whenever there is cause to do so.

d. For purposes of development and improvement of our products and servicesIn order to be able to continue to provide you with quality service, we are constantly developing and improving our products and services. In some cases, this may involve the processing of personal data, for example if you have a question about a product.

e. For promotional and marketing purposesWe may process your personal data for promotional or marketing purposes. For example, to inform you about a new product that may be of interest to you, or to better anticipate your wishes. If you do not wish to be contacted for commercial purposes, please notify the Rabobank location that you do business with. We also link your use of our website to personal data that is known to us in order to improve our services to you and/or to show relevant ads to you. We may combine the personal data we have recorded about you to use to perform analyzes. Using this analysis, we can improve the service provided to you. We can also use this analysis to provide insight to our customers for the purpose of benchmarking purposes.

f. Conclusion and execution of agreements with suppliers and corporate clientsIf you have business contacts with Rabobank, we may process your personal data. For example to be able to ascertain that you are authorised to represent your company. Or to grant you access to our offices.

g. To perform statutory obligationsWe are required by certain national and international laws and regulations to collect data about you. For example we are sometimes required to initiate a (further) investigation if you yourself, we will only process them if that is necessary for our services.

h. For purposes of our operationsAs a financial service provider, it is important to us, and necessary, to have a good overview of our client relations. That includes knowing whether you collaborate with other parties that may pose a risk. To obtain such overview, and to take measures, we process personal data, e.g. in order to assess our risk when providing a loan and to decide whether we wish to take out insurance in that respect.

i. For archiving purposesWe do not collect more personal data than is necessary for the purposes set forth above. If we do not store the data for those purposes, we may nonetheless do so for archiving purposes. That means that the data will only be used for legal proceedings, or for historic, statistical or scientific purposes.

4. Does Rabobank also process sensitive data?

Sensitive data are special types of personal data, for example data concerning physical or mental health, criminal data or racial or ethnic data. Rabobank participates in incident registers and alert systems for the financial sector, and may process data concerning criminal records for that purpose. The purpose of an incident register or alert system is to protect the interests of financial institutions and their clients, e.g. by detecting fraud. Furthermore, we will process sensitive data only if so required by law, with your consent, or at your request. If you request us to record sensitive data about you, or if you disclose such data was unnecessary, then you can file a request for editing, supplementation or removal your personal data with the Rabobank division that you do business with.

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5. How does Rabobank treat my personal data?

Your personal data are stored carefully and no longer than necessary for the purpose for which they were processed. Within Rabobank, your personal data can be used only by employees who require access to such data for the performance of their duties. Our employees are subject to a confidentiality obligation.

If we wish to use data for a purpose other than that for which they were originally processed, then we may only do so if the two purposes are closely related. Your personal data may also be shared between the various Rabobank divisions and subsidiaries,but only if this is reconcilable with the purpose for which the personal data were collected and if this is compliant with other requirements following from applicable privacy laws and regulations. We sometimes engage third parties to edit personal data. We can engage third parties only if this fits the purpose for which we have processed your personal data, e.g. for promotional and marketing purposes. In addition, such third party may only obtain our order if he has demonstrably taken appropriate security measures and warrants confidentiality. Your personal data may also be shared with third parties that we engage in our operations or the provision of our services. This may, for example in the context of payment transactions, include transfer to third parties in countries that do not have the same level of protection for personal data as in the European Union or other countries considered to have an adequate data protection level. Your personal data may, both during and after processing, be subject to investigation by competent national authorities in the countries where such data are located for purposes of processing. Your personal data will not be sold or hired out.

6. Can I view the personal data that Rabobank processes about me?

Yes, you may request a summary of the personal data processed about you from the Rabobank location that you do business with. If you feel that your personal data have been processed incorrectly or incompletely, or if you feel that such processing

7. Who can I turn to if I have a question or a complaint?

If you have any questions or complaints about Rabobank’s processing of personal data, please contact the division that you do business with.

8. Can Rabobank modify this document?

Yes, we can change our privacy statement from time to time if needed. If we apply new data processing, we will adjust the privacy statement thereon. And if these changes are important to you, we will point this out to you or we will make these changes prominently visible on the website. The most actual version of our privacy statement can always be found at www.rabobank.com. Earlier versions can also be found on our website.

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Fax & email indemnity Format

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To,CoöperatieveRabobank U.A.20/F, Peninsula Business ParkLower ParelMumbai 400 013

INSTRUCTIONS BY TELEPHONE, FACSIMILE OR EMAIL

We ………………………………………………………, a company incorporated under the Companies Act, 1956, having our registered office at…………………. ………….. ……………… …………………. …………………..…………………………(the “Customer”) hereby request and authorities the Bank to accept, rely on and act in accordance with any communication made by the Customer by telephone, facsimile or Email or any other electronic means acceptable to the Bank (“Communication”) in respect of the Customer’s affairs and dealings with the Bank. This authorization shall prevail, irrespective of the fact that the terms of any current or future mandate (“Mandate”) of the Customer to the Bank or any other agreement or course of dealing between the Customer and the Bank, shall require the Bank, to act on instructions given in writing by the Customer’s authorised signatories.

The Customer understands that the Bank is not obliged to act or continue to act in accordance with such a request and authorization and should the Bank do so, the Customer agrees that:

A. The Bank may rely on and is authorised to act in accordance with and execute any Communication purporting to be made by the Customer or on its behalf immediately upon receipt thereof regardless of the circumstances prevailing at the time such Communication is made, the nature or amount of the transaction. Any Communication made by facsimile must be signed in accordance with the Mandate and bear a signature or signatures which the Bank in good faith considers corresponds with the signatures of the Customer or of authorised signatory (ies) of the Customer.

B. The Bank shall be under no duty to enquire as to the genuineness or authenticity of any Communication and the Customer acknowledges and accepts the risks of giving instructions by telephone, facsimile or Email or any other electronic means which by nature is unauthenticated and hereby assumes all risks arising from any Communication.

(TO BE PRINTED ON STAMP PAPER OF INR 600/-)

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C. The Customer shall fully indemnify and at all times keep the Bank indemnified and held harmless against any and all losses, claims, demands, actions, proceedings, expenses (including legal fees on a full indemnity basis) of whatever nature or description which the Bank may incur or suffer as a result (whether directly or indirectly) of acting on any Communication and for such purpose, the Bank is authorised to debit any account(s) of the Customer with the Bank with any amount required to indemnify the Bank as aforesaid; and

D. The request and authorisation contained herein shall remain in force until written notice of cancellation from the Customer is received by the Bank and shall not affect the validity of any act performed up to the date of receipt of notice of cancellation.

Yours faithfully,

Signature


Y Y Y YD D M MDate ( Affix Company’s seal )

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rabobank terms and Conditions

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rabobank terms and Conditions


TERMS, CONDITIONS AND RULES GOVERNINGCURRENT / SAVINGS / TERM DEPOSIT ACCOUNT

INTRODUCTION

These are Terms, Conditions and Rules (TCR) applicable to services rendered by the Bank for all Current, Saving and Term Deposit accounts (collectively called ‘the said Accounts’ maintained with any one or more Indian branches of Cooperatieve Rabobank U.A. therein under called the ‘Bank’. The word ‘Customer ‘means any customer, present or future, operating an account with Rabobank India and includes (where appropriate) all joint account holders, partners of a partnership holding any account, trustees of a trust holding any account, authorised signatories of a company and any person authorised to give instructions on the accounts, will include singular and plural meanings and shall be used for both the genders and for the sake of convenience is being referred to in the masculine gender. The word ‘Account’ refers to all accounts existing in the present and in the future (including but not limited to any kind of Banking or Financial relationship), either held and / or operated and / or transacted singly and / or jointly at the bank. The word ‘Instrument’ would include cheques, drafts, cashier’s orders and pay orders. The Customer agrees to comply with and be bound by the TCR as existing now and from time to time and with all additions, modifications and addendum thereto made at any time, and recognizes that the TCR herein are without prejudice to any right that the Bank may have with respect to the account/s, in Law or otherwise. The TCR would be subject to change from time to time as per the discretion of the Bank and to give effect to regulatory and statutory changes. In these TCR:

A. All references to the word “includes” or “including” should be construed as “without limitation”.

B. Reference to any legislation or law or regulation, rule or notification or to any provision thereof shall include references to any such law or regulation, rule or notification as it may, after the date hereof, from time to time, be amended, supplemented or re-enacted, and any reference to statutory provision shall include any subordinate legislation made from time to time under that provision.

C. The TCR may be read as a stand-alone document or be read with other such documents as may apply to a particular account/situation/circumstance or transaction, as the case may be, from time to time.

1. CURRENT ACCOUNT1.1 Account Opening

Current Accounts can be opened by Individuals, Hindu Undivided Families (HUF), Sole Proprietorship Concerns, Partnership Firms, Private / Public Limited Companies, Associations, Clubs, Societies, Trusts or other Institutions in line with prudential / Know-Your-Customer (‘KYC’) guidelines issued by the Reserve Bank of India (RBI) and the Bank from to time. It shall also be at the sole discretion of the Bank. Current Account can be opened either singly or jointly, with one or more persons. A Current Account opened jointly with one or more persons can be operated either jointly or severally as mandated with the Bank. The mandate decided upon will also hold for survivor/s in case of accounts opened by individuals. Any request for change in the signatories or in the operation mandate of the Current Account, must be made in writing duly signed along with all documents as may be prescribed by the Bank. The Current Account holder will provide details of any credit facilities they so enjoy with one or more banks. The Bank will insist on obtaining a ‘No Objection’ from all lending bankers by informing the consortium leader, if under consortium and the concerned banks if under multiple banking arrangement. In the event of an incorrect disclosure of customer not having banked with other bankers, the Bank reserves its right to refuse opening of such account and or if opened, close the same at the its own discretion. The Current Account holder agrees that the Bank, at its sole discretion, may permit the opening of a Current Account with the Bank, subject to such conditions as the Bank may prescribe.

The Customer is required to comply with all applicable laws, rules and regulations, as may be in force from time to time, in using the services and accounts or conducting transactions or activities under the TCR. It is further clarified that the said Account opening formalities are governed by the policies of the Bank and may be revised from time to time. The Bank may require Customer/s to submit duly filled application form/s along with the prescribed set of documents as may be from time to time, to the satisfaction of the Bank, including no-objection certificates from existing lenders (as applicable).

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1.2 Withdrawals and Interest

The Current Account should not be overdrawn and no Instrument should be drawn on the Current Account in anticipation of realization of any other Instrument or against uncleared effects, unless previously agreed to in writing with the Bank. If an Instrument is drawn in anticipation of realization of any other Instrument or against uncleared effects, the Bank may (without being bound to) honour such instrument and in such an event for overdrawn accounts, Interest will be charged at prevailing interest rates on daily outstanding balance. Customers will repay the Bank on demand, unconditionally the amounts of overdrafts that the Bank may grant from time to time in the account together with the interest accrued thereon. This should not be construed as an agreement, either express or implied, that the Bank is bound to grant any overdraft facility. Unless previously agreed in writing with the Bank, the Bank is not obliged to honour any Instrument drawn on the Current Account if in doing so the Current Account would become overdrawn. In this circumstance, the Bank reserves the right to debit the Current Account with the charge of such returned instrument(s). The Bank shall not pay Interest on monies lying in Current Accounts as per the applicable guidelines prescribed by Reserve Bank of India (RBI) (except in the limited circumstances mandated by the RBI) and would adhere to such guidelines as applicable from time to time.

2. SAVINGS ACCOUNT2.1 Account Opening

At the sole discretion of the Bank, Savings Account may be opened by Individuals, non-profit making Trusts / Associations / Clubs and Hindu Undivided Families (HUF), upon being properly introduced in a manner approved by the Bank and consistent with prudential / KYC guidelines issued by the Reserve Bank of India (RBI) and the Bank from time to time. The due diligence process, while opening a Savings Account will involve satisfying the Identity of the person and verification of his address. Savings account will be opened for the sole purpose of savings and not for the purpose of business / trading / professional / profit making activity. Savings Account can be opened either singly or jointly, with one or more persons. A Savings Account opened jointly with one or more persons can be opened either ‘singly’ or ‘jointly’ or ‘either or survivor’ as per the mandate made available to the Bank. The arrangement decided upon will also hold for survivor/s in case of ‘Individual’ accounts. The account holder can also authorize person/s to operate the account on his behalf by providing a Power of Attorney, which will be accepted at the sole discretion of the Bank. Any request for change in the signatories or in the operation mandate of the Savings Account must be made in writing signed by all account holders among with all documents, as may be prescribed by the Bank. Only the Karta elected by all coparceners of the HUF can operate the Savings Account opened in the name of a Hindu Undivided Family (HUF). The Bank shall deal only with the male Karta elected by the HUF. An account may be opened on behalf of a minor by his/her natural guardian or by a guardian appointed by a court of competent jurisdiction and will strictly be at the sole discretion of the Bank. Upon the minor attaining majority, the right of the guardian to operate the account will be deemed to belong exclusively to the minor who has attained majority. The minor should acknowledge / opt for operating the account as a major in writing.

2.2 Withdrawals and InterestIn principle, the Savings Account should not be overdrawn and no instrument should be drawn on the Savings Account in anticipation of realisation of any other instrument or against uncleared effects, unless previously agreed in writing with the Bank. If an instrument is drawn in anticipation of realization of any other instrument or against uncleared effects, the Bank may (without being bound to) honour such instrument and in such an event for overdrawn accounts, interest will be charged at prevailing interest rates on daily outstanding balance. Customers will repay the Bank on demand unconditionally the amounts of overdrafts that the Bank may grant from time to time in the account together with interest accrued thereon. This should not be construed as an agreement, either express or implied, that the Bank is bound to grant any overdraft facility. Unless previously agreed in writing with the Bank, the Bank is not obliged to honour any instrument drawn on the Savings Account if in doing so the Savings Account would become overdrawn. In this circumstance, the Bank reserves the right to debit the Savings Account with the charge of such returned instrument(s). The Bank will pay Interest on monies lying in the Savings Account as per the applicable guidelines prescribed by Reserve Bank of India (RBI). The rate of interest on savings accounts is subject to change from time to time at the discretion of the Bank and shall be notified to the account holder in accordance with directives of the RBI. Presently interest will be paid on a daily product basis and the interest will be credited to the customer’s savings account monthly in a financial year.

3. TERM DEPOSIT ACCOUNTS3.1 Account OpeningThe Bank accepts deposits for fixed periods. Details about various periods, current rates of interest and minimum deposits are available upon request. The rate of interest is subject to the directives that may be issued by the RBI from time to time as well as to the guidelines issued by the Bank. The Bank has the right to offer differential rates over a prescribed value as decided from time to time. Deposits are accepted in accordance with the directives laid down by the RBI from time to time. The terms and conditions applicable may be altered in pursuance of these directives and the same will be binding on the depositor(s) with or without notice. The deposits accepted by the Bank are not transferable by the depositor (although such deposits may be transferred from one office of the Bank to another in accordance with the directives laid down by the RBI from time to time) nor negotiable and are payable only on maturity at the Bank’s branch in India and cannot be used to obtain finance directly or indirectly, from any party without the Banks’ prior written consent. A Deposit may be opened on

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behalf of the minor by his/her natural guardian, or by a guardian appointed by a court of competent jurisdiction and will strictly be at the sole discretion of the Bank.Upon the minor attaining majority, the right of the guardian to operate the account will be deemed to belong exclusively to the minor who has attained majority. The minor should acknowledge / opt for operating the account as a major in writing. In the event of the death of the depositor/s, premature termination of term deposits would be allowed subject to the conditions as per the ‘Deceased Depositors Policy’ of the Bank which is subject to change. The Bank would issue a ‘Term Deposit Advice’ for the deposits placed with the Bank. The same are for the purpose of intimation to the customer of having placed deposits with the Bank and shall not be treated as deposit receipts. In the event of a part withdrawal of the term deposit/s, a fresh Term Deposit Advice shall be issued by the Bank for the reduced amount of deposit. No sooner this is issued to the customer, the earlier or the old Term Deposit Advice in the hands of the deposit holder shall be treated as cancelled, without any further act or intimation on the part of the Bank.

3.2 Withdrawals and Interest

Interest will be paid by the Bank proportionately for the actual number of days reckoning the year at 365 days for local deposits and 360 days for FCNR (B) deposits. For deposits where interest is cumulated, interest will be paid at maturity; and for term deposits where interest is not cumulated (simple), interest will be paid in accordance with the option selected in the term deposit application form. Interest will be calculated on a quarterly basis for Term deposits of 6 months and above. For those deposits with a tenure below 3 months or where the terminal quarter is incomplete, interest should be paid proportionately for the actual number of days reckoning the year at 365 days for local deposits. For those deposits with a tenure of 3 months and above but below 6 months, interest will be calculated at maturity at Simple Interest. The period of Term Deposit will be calculated in number of days. Interest for cumulative deposit will be calculated every quarter, and the Principal will be increased to include interest earned during the previous quarter net of TDS. Interest payments which fall due on a non-business day will be paid on the next business day and will be calculated up to and including the day before the payment is made. The Deposit will mature on the maturity date or in the event that day is a weekend or bank holiday, on the following business day. The deposit together with interest will be automatically renewed on the due date for an identical period at the applicable rate of interest prevailing on the date of maturity unless written instructions to the contrary are received from the depositor by the Bank at least one working day prior to maturity. The Bank will, on written request from all depositors, allow premature withdrawal of a Resident / NRO Term Deposit and NRE / FCNR Deposits prior to the date of its maturity. The interest on prematurely withdrawn Deposits will be paid for the period that such deposit is held at the rate prevailing for the period for which the deposit was held on the date of placement of such deposit or the contracted rate, whichever is lower, subject to a deduction of a 1% penalty at the Bank’s discretion. In the event interest already paid is in excess of what is payable, the excess interest shall be recovered from the proceeds of the Deposit. However, no interest will be paid in case of Resident / NRO Term Deposits prematurely withdrawn before the expiry of 7 (seven) days and NRE / FCNR Deposits prematurely withdrawn before the expiry of 1 (one) year from the date of deposit or its renewal. The Bank, at its discretion, may disallow, premature withdrawal of large deposits held by entities including deposits of individuals and HUFs. Signature of all the Joint Account holders’ is necessary for such premature breakage unless otherwise previously authorized mandated in writing by the account / deposit holders. Tax is deductible by the Bank if the total interest earnings of all resident fixed deposits of the customer during the financial period 1st April to 31st March are in excess of the threshold amount prescribed as per the prevailing Income Tax rules or in the event otherwise required to be deducted by the Income Tax rules. The Government of India may change these thresholds from time to time. The deduction of tax is on a payment basis, except as at 31st March when it is on accrual basis and quarterly in case of cumulative deposits. The rate at which the tax will be deducted will be as per the applicable / governing laws. Once the tax has been deducted by the Bank, it will not be refunded and to obtain the requisite refunds on account of tax deducted at source shall be the sole liability and responsibility of the customers. TDS will be deducted by the Bank unless relevant Form 15 is submitted by the depositor yearly.

4. NON RESIDENT ACCOUNTS4.1 Account OpeningThe opening and maintenance of these accounts is subject to rules and regulations introduced or amended from time to time by Bank, regulatory and statutory authorities. The Customer shall abide by the provisions in this regard and in accordance with the Exchange Control Regulations as may be laid down by the Reserve Bank of India from time to time. The Customer shall not make available to any person in India, any foreign currency against reimbursement in rupee or in any other manner in India. The customer(s) confirms being persons of Indian origin, not residing in India. The FCNR / NRE / NRO account shall be opened in the Customer’s name(s) solely on declaration made by the Customer. The Customer(s) also confirms that his / their residential status as per Indian Income Tax 1960 is Non Resident Indian. The Customer undertakes to intimate the Bank about his / their return to India for permanent settlement immediately on arrival. The Customer shall confirm that the monies placed with the Bank do not represent proceeds from any activities undertaken by the Customer which would be deemed illegal in the country from which the funds emanated or in the country where the transactions are concluded or in the country wherein the said monies are placed. Under Section 10(5) of FEMA 1999 the customer also declares that all foreign exchange transactions as may be entrusted by him / her to the Bank from time to time do not involve and are not designed for the purpose of any contravention or evasion of the provisions of the aforesaid Act or of any rule, regulation, notification, direction or order made there under. The Customer also agrees to undertake to give such information / documents as will reasonably satisfy the Bank about the transaction in terms of the above declaration. The Customer also understands that

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refusal to comply with any such requirements or make only unsatisfactory compliant therewith, the Bank shall refuse in writing to undertake the transaction and shall if it has reason to believe that any contravention / evasion is contemplated by the customer report the matter to RBI.

5. COMMON RULES FOR SAVINGS / CURRENT / TERM AND NON-RESIDENT ACCOUNTS

• In addition to the due diligence requirements under KYC norms, the Bank is required by law to obtain Permanent Account Number (PAN) or alternatively declaration in Form No. 60 or 61 as specified under the Income Tax Act / Rules. The Bank may also for KYC, Anti Money Laundering / Combating of Financing Terrorism issued under Prevention of Money Laundering Act, 2002, require customers to provide appropriate information/and or documents (including latest photograph/s, identity proof, address proof, profile details of account holder/s, authorized signatories, mandate holders, beneficial owners, etc.) in accordance with the RBI guidelines for updating any changes/updates in the KYC/profile information of the customers in the records of the Bank. The Customer further agrees to provide to the Bank all information the Bank may require from time to time in accordance with applicable law or regulation, or any other information the Bank may reasonably request from time to time.

• The Bank shall decide on the initial minimum deposit to open Savings / Current / Fixed Deposit / Non-Resident account and would be as per the Bank’s current norms [which are annexed hereto as annexure. The Bank reserves the right to change these norms at its discretion but with prior notice of the same to the customer as per RBI guidelines. As per the Bank’s norms the minimum account balance should always be maintained, failing which a quarterly service charge will be levied. The details of the applicable charges are provided at. The Bank also reserves the right to close such accounts where minimum account balances as per the Bank’s norms are not maintained.

• A recent photograph of each account holder and authorised signatory(ies) is to be submitted for all accounts held in the Bank.

• Nomination facility is available with the Bank and the same is subject to Banking Company (Nomination) Rules 1985 or as amended from time to time. Succession to the amount lying to the credit of the account and / or operation thereof on the death of the person authorised to operate upon the account shall be in accordance with the rules for the purpose prescribed by the Bank from time to time and effective at the date of the claim. All RBI / IBA guidelines in this regard shall be followed by the Bank.

• Each account will be allocated a distinct number which must be quoted in all transactions and correspondence with the Bank.

• Customer transactions will be entertained during normal banking hours as may be in force from time to time.

• The Bank will not be bound to pay any interest on the deposit(s) held with it if any of the statements / declarations made by the customer are found to be incorrect in material particulars.

• Cheques, dividend-warrants and other instruments in the name of payees, other than account holder will not be accepted for collection.

• Cash withdrawals should only be made using the printed cheque forms supplied by the Bank.

• Customers giving standing instructions for any operation on their account, must be given in writing. Also the revocation of such standing instructions must again be given in writing. In joint accounts, all joint account holders must sign such standing instructions.

• Accounts upon which an attachment order or other legal notice prohibiting operation of the account has been received from any authority, will be blocked and no further operation will be allowed until the prohibition order is removed / vacated. Though the Bank will endeavour to inform the customer about any such order, the Bank however is not obliged to do so. Except the above, no other correspondence with the authority issuing the prohibitory order will be provided to the customer.

• If there is no transaction by the Customer in the account continuously for over 24 months, the account automatically gets classified as a ‘dormant / inoperative account’ whereupon further debit transactions are not permitted in the ordinary course. A request for activation of the account has to be made by the customer and the customer is subject afresh to KYC norms.

• If the balance in the account becomes zero and remains so continuously for three months or more, the Bank reserves to itself the right to close the account without any obligation to intimate the customer.

• The Bank may without notice combine or consolidate account/s of any customer having liabilities to the Bank and set-off or transfer any sum/s standing to the credit of such accounts or any other sum/s toward the account holder/s liabilities to the Bank or in any other respect whether such liabilities be actual or contingent, primary or collateral and joint or several.

• For the purpose of and in the course of opening the account/s or providing services to customers, the Bank may be required to engage the services of specialised and other service providers / agents / vendors for this purpose, the customer consents that the Bank may provide any information regarding customer’s accounts to any such Service Provider / agent whose services Bank avails in this regard.

• The Customer shall not dispute the levy and recovery of the charges by the Bank in accordance with these TCR.

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6. CUSTOMER COMMUNICATION

The Bank may contact the Customer by post, telephone, facsimile, email, internet and any form of electronic message made by any type of electronic device using the latest address, telephone number or electronic mail address given by the customer to the Bank. Communications by the Bank to customers shall be in accordance with the Bank’s board approved policy in this respect including in respect of language of communication. It is the Customer’s responsibility to ensure that the Bank has his current account contact details. If the Customer does not inform the Bank promptly of a change in details, the security of customer information and ability to comply with obligations could be put at risk. The Bank will normally contact only the joint account holder named first in their records subject to any legal requirements. The first named account holder is responsible for passing information sent by the Bank to the other account holders. The Bank may also publish notices of a general nature on their notice boards in the Bank premises or in any other mode as may be decided. Such communication and notices will have the same effect as notices served on the customer. The Bank may record or monitor telephone calls and monitor electronic communications (including emails) between the Customer and the Bank, to confirm instructions and to make sure that service standards are being met. All instructions relating to the maintenance of the account shall be given in writing, satisfactory in form and content to the Bank. The Bank will act on instructions (including instructions to make or collect payments from or into your account) given on an original document bearing original signature(s) or on receipt of a facsimile image of signature(s) or other electronic signature as may be acceptable to the Bank from time to time. Bank and customer agrees that Bank may rely on any account number quoted in an instruction as the current account to be debited, credited or otherwise dealt with. If an instruction is given by the customer orally, by telephone, by facsimile or email, the Bank may (but is not obliged to) ask for confirmation or customer identity before acting on it. The Bank may (before but is not obliged to) refuse to act on any instruction. If it has a reason to believe that the customer did not give the instructions; or the instruction is not clear; or believe that by carrying out the instructions the Bank might violate a law, regulation, code or other duty which applies to the Bank or its reputation. The Bank shall not be liable for any loss, liability or damages arising from the Bank acting / not acting on such Instructions. The Bank may apply limits to transactions of certain types or amounts from time to time. The Bank will inform the customer of these limits and any changes made on them. The Customer may within a period of 15 days from the issue of the change notice, discontinue the services availed by the customer, failing which the customer shall be deemed to have accepted the change from the effective date mentioned in the notice or from the date as may be specified by the applicable law.

7. CHEQUE BOOKS

An application for a cheque book on Current / Saving Account must be made on the Bank’s requisition slip. The requisition slip should be duly signed by the account holder/s and should be submitted to the Bank. The Bank may send cheque book/s by registered post / courier to the address recorded with the Bank and may debit the cost to the account. The account holder must check with the Bank if the cheque book is not received within 7 days from the date of making the request. The Bank will not entertain any complaint for non-receipt or wrong delivery or interception etc. of the cheque book by any one in any manner if the account holder does not report to the Bank the non-receipt of cheque book within 7 days. All cheque books issued by the Bank should be kept in a secure place at all times. The Bank shall not be responsible if frauds occur due to the negligence of the customers in keeping the cheque books secure. The Bank may refuse issuance of cheque books on accounts which are not maintained satisfactorily and / or when an excessive number of cheques from previous cheque books remain unused. The customer should refrain from carrying out any alterations in amount and payee Name fields while issuing cheques to safeguard their own interest. It is preferable to destroy the cheque leaf if there is a mistake in filling the details and use a new cheque leaf. With a view to safe guard customer interest, the Bank may return cheques with alterations.

8. STOP PAYMENT

The Customer may, if required, ask for a stop payment on any of the cheque or range of cheques issued by the customer. To stop payment of a cheque, full details of the cheque as well as the valid reason for requesting the Bank to place a stop payment order must be given in writing duly signed by the customer. The stop payment order will become effective on receipt of such instruction in writing from the customer, provided any cheque(s) issued by the customer have not already been cleared. The Bank will not be liable if the payment of such cheque(s) is made by the Bank prior to the receipt of the stop payment instructions. The stop payment instruction will continue until revoked / cancelled in writing by the customer. The Bank’s prevailing charge as per the Schedule of Charges will be levied for each stop payment order placed by the customer. Account which has a mandate for joint operations, the stop payment instructions must also be signed in the same manner as applicable to the operations of the Account. The customer should promptly notify the Bank in writing if the cheque is recovered, found or destroyed or if for any reason the stop payment order might be cancelled. The customer authorizes and directs the Bank to accept stop payment orders given by competent authorities or authorities empowered by law in that behalf.

9. STATEMENT OF ACCOUNTS

Statement of Accounts for each account in the printed form will be issued on a frequency as determined by the Bank for each Account or as mandated with the Bank by the customer. Unless disputed by the customer within 15 (fifteen) days of receipt of statement, the same would be deemed to be correct. The Bank will correct any entries made by mistake to the

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customer account as soon as possible after informed by the customer. If the Bank notices a mistake concerning entries on the customer’s account, the Bank will endeavour to rectify the error and will inform the customer of what the Bank has done. The Bank reserves the right to rectify discrepancies if any, at any point of time. If customer delays in examining the statement or in reporting a discrepancy on problem, it may affect Bank’s ability to rectify the discrepancy or resolve the problem and customer is liable for the losses that may occur. The customer further confirms / declares that any lapse, omission, or neglect on his part to notify the Bank about any such doubtful debit / withdrawal in time, would not render the Bank liable for any consequences resulting there from. All statements will be mailed / couriered to account holder’s address as per Bank’s record unless otherwise specified in the account opening form or unless the customer opts only for electronic statements. The Bank may engage and utilize the services of third parties / vendors to mail / courier the statements and / or other documentations/material. Bank is not responsible for statements lost in mail or transit and the customer should contact the Bank for duplicate statements, if required.

10. ACCOUNT CLOSURE

The Bank reserves the right to close the Current / Savings Account in case of irregular / improper conduct of account or of the account holder/s, which will include but not be limited to non-maintenance of stipulated minimum balances, dishonour of cheques for want of funds, etc. The Bank may in its absolute discretion be entitled to close any account/s, deposits mentioned above by giving 15 days’ notice to this effect to the customer. The Bank shall not be liable for any consequences arising out of such closure of any account including but not limited to return of cheques unpaid after the expiry of such notice period. On closure of account, Bank shall remit the amount outstanding to the credit of the account, if any, by cashier’s order / draft to the address of the customer recorded with the Bank. The customer may close the account at any time without any notice to the Bank. However, the Bank shall be entitled to refuse the closing of the account till such time all charges, interest, expenses, dues, etc. payable by the customer to the Bank have recovered and paid in full. The customer shall be responsible at the time of closing of account to return all unused cheque leaves to the Bank. The customer shall also inform the Bank with regard to the cheques issued but yet to be presented. Notwithstanding the above, the account may be closed at the customer’s request and in case any cheque issued by the customer is presented to the Bank after the closure, the customer shall alone be responsible for dishonour of the same. The customer shall indemnify and keep the Bank indemnified against any loss or damage that the Bank may suffer on account of dishonour of cheque due to closure of the Account. Without prejudice to the Bank’s right to claim from any of the customer’s funds / assets / account(s) in the Bank’s possession or care, the customer hereby unconditionally, irrevocably and without demur agrees and undertakes to immediately pay the Bank, in such manner as specified, upon the Bank’s written demand any sum or sums so claimed. As per the Bank’s current Schedule of Charges a fee will be recovered from an account holder who closes an account before the expiry of specified period from the date of opening the account.

11. CHEQUE / CASH DEPOSITS

All cheques / cash deposits and credits to the account will be subject to verification / realisation by the Bank and these verified / realized amount(s) as reflected in the Bank Statement supplied to the account holder(s) will be binding on them.

12. ISSUANCE OF CASHIER’S ORDER / DEMAND DRAFTS

The Bank would issue Cashier’s Order (also referred to as “pay order” / Demand Drafts payable to the beneficiaries as requested by the customer provided the customer makes available the entire amount of the cashier’s order/demand drafts with the Bank on or before the date of issuance of the cashier’s order/demand drafts. The Bank reserves the right to select the agent /correspondent bank to draw demand drafts upon. Encashment of the said demand draft may be subject to the rules and regulations of the place where the encashment is to be made. Neither the bank nor its correspondents or agents shall be liable for any loss or delay caused by such rules and regulations. If a cashier’s order/demand draft applied for is lost, stolen or destroyed the applicant may request for the replacement of the cashier’s order/demand draft or a refund. The applicant must provide the Bank with a letter of Indemnity of the cashier’s cheque / demand draft and such other documents as the Bank shall prescribe from time to time in this regard to protect the Bank against liability with respect to the lost, stolen or destroyed draft. All charges / commission outside India are to the beneficiary’s account, unless specified. The Bank reserves the right to revise the charges from time to time with prior notice.

13. RTGS AND NEFT PAYMENT SERVICES

For execution of payment through Real Time Settlement (RTGS) and National Electronic Fund transfer (NEFT), an application may be made by the customer in the format prescribed by the Bank. The customer shall be responsible for the accuracy of the particulars given in the payment order issued by him and shall be liable to compensate the Bank for any loss arising on account of error in his payment order application. The customer shall be bound by the payment order executed by the Bank. If the Bank has executed the payment order in good faith and in compliance with the security procedure. The customer shall ensure availability of funds in his account applicable to the payment order before the execution of the payment order by the Bank. Where however, the Bank executes the payment order without funds being available in the customer’s account, the customers shall be bound to pay to the Bank the amount debited to his account for which the payment was executed by the Bank pursuant to his payment order, together with the charges including interest payable to the Bank. The customer

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hereby authorizes the Bank to debit to his account any liability incurred by him to the Bank for execution by the Bank of any payment order issued by him. The customer agrees that the payment order shall become irrevocable when it is executed by Bank. The customer is aware of the operating procedures relating to RTGS and NEFT as laid down by the RBI from time to time.

14. FOREIGN ExCHANGE TRANSACTIONS AND ExCHANGE RATE

All transactions conducted in the account involving foreign remittance from or into the account by way of cheque, draft, telegraphic transfer, etc. shall be as may be permitted by the laws in India and in accordance with the facilities provided by the Bank. The rate of conversion of foreign exchange on any debit or credit to the account shall be as per the market conditions, which shall further be subject to the Bank’s final determination and decision and such charges and fees as may be prescribed by the Bank from time to time.

15. FOREIGN INWARD REMITANCE CERTIFICATE (FIRC)

On any foreign remittance received of the credit of a customer account, the customer should inform the Bank the purpose of receipt of such remittance to enable the Bank to issue a FIRC. In case the customer falls to provide the purpose of the remittance the Bank would issue the FIRC and mention the purpose as stated on the remittance instruction received.

16. DEATH OR INCOMPETTENCE

The customer agrees to notify the bank promptly if any account holder or authorized signatory of the account dies or is declared incompetent to contract by a court/Competent authority. The Bank may place a hold on the account and stop all operations when any account holder/authorized signatory dies or is declared incompetent or a restriction is placed on its operations, although the Bank may continue to levy charges/interest on such accounts and claim such amounts as are due to it under any banker’s lien or otherwise. In case of death of any account holder(s), the Bank shall endeavour to address all claims and release payments to survivor(s) / nominee(s) within the timeline prescribed by the RBI from time to time on receipt of any claim provided satisfactory evidence of proof of death of the depositor/ account holder and suitable identification and credentials of the successors have also been provided to the Bank and the Bank may retain any and all funds in the account until the identity and credentials of the successors have been established to the Bank’s satisfaction, which may include the Bank insisting on a succession certificate/probate of a will.

17. WAIVERS

If the customer decides to utilize any or all of the services, he agrees to provide correct, adequate, complete and clear instructions and information in the required medium or method, as is required by Bank, in the absence of which he shall not dispute any action, non-action, commission or omission by the Bank pursuant to such instructions received by the Bank and In such an event waives all his rights whether bestowed statue, tort or any legal whatsoever without limiting the Bank rights, Items, claims on the Customer whatsoever and the right to call claim and get reimbursed. The Bank shall be Indemnified by the customer for all losses, costs, expenses, claims etc. of whatsoever nature attributable to the operation or non-operation of the Account or any deposits, action or inaction in respect of any instructions or information or any consequences thereof if it can be established that the customer did not provide correct, adequate, complete and clear instructions and information in the required medium or manner as is required by Bank.

1. The Customer undertakes to indemnify, defend and hold harmless the Bank and its affiliates, its directors and employees, representatives, agents against any claim, suit, action or other proceeding brought against the Bank and its affiliates, its directors and employees, representatives, agents, by a third party, to the extent that such claim, suit, action of other proceeding brought against the Bank, its directors and employees, representatives, agents, and affiliates is based on or arises out of or in connection with or in relation to: (a) violation of any of these TCRs by the Customer;(b) any deletions, additions, insertions or alterations to, terms and conditions or any unauthorized use of the accounts or facilities by the Customer; (c) any misrepresentation or breach of representation or warranty made by the Customer contained herein; or (d) breach of any covenant or obligation to be performed by the Customer hereunder.

2. The Customer agrees to pay any and all costs, damages and expenses, including, but not limited to, attorneys’ actual fees and costs incurred or to be incurred by the Bank in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

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18. WORKING DAYS

Working days means the days, which are not Sundays, or days that are declared as holidays in accordance with the Negotiable Instruments Act, 1881. Customer recognizes that the even though the Bank may be open for business on Sundays or holidays in accordance with the Negotiable Instruments Act, 1881, the same would not be deemed as working days for the purpose of Terms and Conditions and Rules.

19. MAINTENANCE AND PRESERVATION OF RECORDS

Bank as its sole option and discretion shall maintain such records of transaction carried out by the customers in their accounts, as the Bank may deem fit or as mandated by law and regulations. The customer shall not be entitled to question the Bank about the records that maintained by the Bank or those that are not maintained or preserved by the Bank in case of conflict between the records kept by the Bank and those of the customer, the records of the Bank shall be conclusive and binding. The period for preservation of such records shall be, as the Bank may in its sole discretion deem fit or as dictated by any statutory enactment or regulations.

20. DISCLOSURES

The customer understands that as a pre-condition for allowing the customer to have the said accounts, the Bank requires the customer’s consent for the disclosure by the Bank of, any and all information and data relating to the customer, obligations assumed / to be assumed, by the customer in relation thereto and defaults, if any, committed by the customer, in discharge thereof. Accordingly, the customer hereby agrees and gives consent for the disclosure by the Bank of all or such, (a) information and data relating to it; (b) information or data relating to its transactions, any accounts, deposits or credit facility/ies availed of/to be availed by it, and (c) default if any committed by it, to RBI and any other agency authorized in this behalf by the RBI or any other agency or authority to whom the Bank is required by law, regulation, guidelines, direction or order to make such disclosure. The customer undertakes that: (a) RBI and such other agency or authority as mentioned above, may use, process the said information and data disclosed by the Bank in the manner as deemed fit by them; and (b) RBI and such other agency or authority may furnish for consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit grantors or registered users, as may be specified by the RBI in this behalf. The customer further confirms that the Bank may share the information / documents about the customers with any entity of the Rabobank Group (branch or subsidiary) in order to enable the Bank to meet requirements under any regulation(s) applicable in any country, where any entity of Rabobank Group is located and/or where any entity of Rabobank Group may be so requested by any local judicial and/or administrative authority or regulatory body and to participate in any risk management centralization proceedings and internal cross-selling process of Rabobank Group.The Account Holder Irrevocably agrees and consents to the Bank at any time, disclosing or sharing or in any other manner making available any information concerning the Account Holder, its business, its accounts, its deposits held with the Bank or another group member of the Bank including, any branch, related companies, affiliates (collectively the ‘Group Members’) including the financial position of the Account Holder and the facilities granted to the Account Holder to: (a) any office or branch of the Bank or another Group Member or any assignee, of the Bank; (b) any agent or service provider of the Bank or another Group Member in connection with any facility provided to the Borrower; (c) any guarantor or third party security provider of the Account Holder; (d) any regulator or governmental or other authority with jurisdiction over the Bank; (e) any court of law; (f ) any bank or financial institutions as per normal banking practices; or (g) credit information companies, information utilities or such other registries to whom the Bank is required by law / regulation, guidelines or directions, to provide such information from time to time.

21. RIGHT OF LIEN AND SET OFF

In addition to the rights available under any law, the Bank shall have an absolute and paramount right of lien and set-off, irrespective of any other lien or charge, present as well as future on the accounts, including amounts lying in fixed deposits held in the customer’s accounts or balance lying in the accounts, whether in single name or joint name(s) and also over any and all securities of the customer lying or that may come into possession of the Bank from time to time for safe keeping or otherwise in any of the accounts of the customer maintained with the Bank (joint / single) to the extent of all outstanding dues, whatsoever, and howsoever arising. Without prejudice to the contents of the preceding paragraph, the Bank has and shall have a paramount and irrevocable right to reverse any entry (debit or credit) made in the account with reference to any transaction carried out on the banking system or otherwise whatsoever, where in the course of any scrutiny, verification, checking, investigation, audit or otherwise for whatsoever reason or action by the Bank, it is found or determined that the entry was incorrect, was not accompanied by proper supporting documents / authorizations or for whatsoever reason was incorrect or did not meet any rules or regulations or specifications including but not limiting to those of the Bank or otherwise. The Bank shall have and shall continue to have a lien on the Account of the customer to recover such costs, damages or liability that the Bank may incur or be imposed and shall further have the right to claim and recover any shortfall from the customer.

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22. DISPUTE RESOLUTION

If the Customer has a dispute or difference with the Bank, the customer shall first refer to Rabobank’s internal dispute resolution procedures and as amended from time to time at Rabobank’s sole discretion, a copy of which is available at attached hereto and available at If the dispute or difference cannot be resolved in that manner, either of the parties may refer the matter to the Banking Ombudsman in accordance with the Banking Ombudsman Scheme 2010 (as amended from time to time) or the courts or tribunals in [Mumbai].

23. RESERVE BANK OF INDIA GUIDELINES

The guidelines issued by Reserve Bank of India from time to time shall at all times be binding on the Bank and customers and if any of the Terms and Conditions and Rules contained herein are contrary to the Reserve Bank of India guidelines, then the concerned Reserve Bank of India guidelines shall prevail.

24. DISPLAY AND CHANGES IN TERMS, CONDITIONS AND RULES

Copies of Terms and Conditions and Rules (TCR) are available at the Bank. The Bank may make changes / modification / alterations / additions / deletions to all / any of the TCR at any time and without any prior intimation to the customer. The customer shall be informed via the usual modes of communicating notices and changes shall be highlighted and will be available at the branch prior to changes being made effective.

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internet banking dOCUMentSCoöperatieve Rabobank U.A., Mumbai

index

01

S.no

44-48

Page no.

02 49-66

03 67-69

04 70-86

05 87-88

FOrMS

Online enrolment Form

45

A. COMPANY INFORMATION

B. ACCOUNTS

C. REGISTRATION OF USERS

Online enrolment Form


Company Name:

Delegated users are employees of the Customer who have a special authorizations to act for and on behalf of the Customer as an Authorized User or as a Maker User or as a View Only User

Address:

Contact Person:

Postal Code: Telephone: Fax:

Fax:

Telephone:

Email:

Mobile:

S.No. Company Name Additional Information / Special InstructionView TransactAccount Number

2 Make/authorise transfer transaction and view payment status

3 Authorized Beneficiary and view Beneficiary list

1 View account balance and account activity

4 Authorized Secure Email requests

5 Generate Transaction reports

Roles and Responsibilities - Authoriser

Roles and Responsibilities - Maker

2 Make transfer transaction and view payment status

3 Add Beneficiary and view Beneficiary list


4 Make Secure Email request

5 Generate Transaction reports

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Roles and Responsibilities - View Only


DELEGATED USER/(S)

Authorisations Limit (in INR)Approved Band

Amount From Amount to

D. AUTHORISATION MATRIX

Mobile

Role of the User

Account Numbers to be linked

Approved Band (either A,B,C or D)

Name of the User

Preferred User ID

Email

Company Name

View only Maker Authorised

User 1

Mobile

Role of the User



Name of the User

Preferred User ID

Email

Company Name


User 2

Mobile

Role of the User



Name of the User

Preferred User ID

Email

Company Name


User 3

Mobile

Role of the User



Name of the User

Preferred User ID

Email

Company Name


User 4

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E. Beneficiary Management

We understand and confirm that

1. Delegated Users will be responsible for inputting the correct account number of the Beneficiary and IFSC of the Beneficiary Bank along with the other details required for effecting payment through Rabo Online Services.

2. Bank shall not liable for any erroneous transactions that may occur arising out of or relating to the Delegated User entering wrong account numbers and/ or IFSC of the Beneficiary and the entire amount of the funds transferred could be lost.

3. All Delegated Users with access to Funds Transfer, will be able to make payments in favour of any of the Beneficiaries added on to the Rabo Online Services

Accordingly, we hereby opt and confirm our following choice which is ticked for Beneficiaries registration management option.

We understand that when Option 2 is selected, no intimation will be given by the Bank to the Client for addition of Non pre approved Beneficiary or Adhoc Beneficiary for effecting payment and we undertake to monitor and keep a check on the payments effected by the Delegated Users to the Beneficiaries at all times. We further understand that the Bank has not put any monetary limit upto which funds can be transferred by the Delegated Users to Non Pre-approved Beneficiaries or Adhoc Beneficiaries. By choosing Option 2 we confirm that we have all the checks and balances in place to prevent any fraud or misuse of the above option provided by the Bank and Bank shall not be liable for any such claims, losses or damages suffered by us on this count.

Choice 1 - Beneficiaries will always have to be Pre-Approved.

• Registration of Pre-Approved Beneficiaries would always require two users, a Maker User who will enter the Beneficiary Details and an Authoriser User, who will approve the Beneficiary details. Payment cannot be initiated in favour of the Beneficiary, until it has been so approved by an Authoriser User.

Choice 2 - Beneficiaries Can be Pre Approved, Non Pre Approved and Adhoc Beneficiaries.

• Registration of Pre-Approved Beneficiaries would always require two users, a Maker User who will enter the Beneficiary Details and an Authoriser User, who will approve the Beneficiary details. Payment can be initiated in favour of the Beneficiary, until it has been so approved by an Authoriser User.

• Registration of Non Pre-Approved Beneficiaries would happen on entry by a Maker User, without requiring any further approvals.

• Adhoc Beneficiaries - Payments can be made in favour of Beneficiaries without having to register them on Rabo Online Services. Beneficiary’s Account details will need to be entered by the Delegated Users while giving payment instruction.

F. DECLARATION

We assure, affirm, confirm, declare and undertake that we have read and understood the “Terms and Conditions” pertaining to and governing “RaboOnline” and we accept the same. We further assure, affirm, confirm and declare that Coöperatieve Rabobank U.A., Mumbai Branch (herein after referred to as “the Bank”) is at liberty to alter, modify, vary and amend the said terms and conditions from time to time and such altered, modified, varied and amended terms and conditions as may be published in the website of the Bank www.rabobank.com shall also be acceptable to and binding on us. A copy of the ‘Terms and conditions’ applicable to “RaboOnline” at present is attached herewith duly notifying our acceptance thereof. We are fully aware of the nature of services offered by the Bank through “ RaboOnline” and the charges applicable for the same, as set forth in the Bank’s Website/Internet Banking site from time to time. We hereby undertake to adhere to all the terms and conditions of availing the “RaboOnline” services offered by the Bank as may be in force from time to time. We further authorise the Bank to debit our Account(s) towards any charges for availing the “RaboOnline” “Services”.

We declare that all the particulars and information given in this application form (and all documents referred to or provided herewith) are true, correct, complete and up-to-date in all respects and we have not withheld any information. We undertake to provide any further information that the Bank may require from time to time.

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G. FOR BANK USE

Verified the signatures and other details furnished in the application and found correct. The Corporate is eligible for “RaboOnline” facility and it is confirmed that the Customer ID mentioned above belongs to the particular applicant.

Customer ID of the Corporate applicant: ____________________________________________________________________

S.No. Name of Authorised Signatory Designation Signature

2.

3.

1.

User Type Name of User User ID Token Serial Number

Delegated User 2

Delegated User 2

Delegated User 2

Delegated User 1

Branch Name:

User Creation

Date:

Signature with signing power number:

Entered By

(Signature with date)

Approved By


Mode of operation of the account and signatures of the client is verified and we hereby confirm that the limits assigned to each Individual delegated user for transacting through RaboOnline are in conformity with the Board Resolution for operating the account.

We understand and confirm that the Bank has the discretion to reject any application for availing “RaboOnline” Services or suspend /block the “RaboOnline” services/facility provided to us pertaining to any or all of our accounts and/or withdraw the “RaboOnline” services/facilities provided to us at any time without assigning any reason whatsoever.

We authorise the Bank and / or their agents to make necessary references and enquiries with such persons/authorities as the Bank/their agents may deem fit and proper in respect of or in relation to the information provided herein or any further applications made/documents produced by us. We hereby agree and authorise the Bank and / or their agents to exchange, share or part with any or all the information, data or documents relating to this application to other Banks/Financial Institutions/Credit Information Bureaus/Agencies/Statutory Bodies, etc. as the Bank or its agents may deem necessary or appropriate for use or processing of the said information/data by such agencies or furnishing of the processed information/data/products thereof to other Banks/FinancialInstitution/Credit providers/users registered with such agencies and we undertake not to hold the Bank or its agents liable for use of or parting with such information.

We understand that we have to submit further application/s, documents and comply with such other formalities /procedures as may be prescribed by the Bank from time to time for availing other services, facilities, specific liability products etc. from the Bank.

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terms and Conditionsrabo Online - executions

50

terms and ConditionsRabo Online - Executions


Please find the instructions for the execution of the docs and request you to arrange the following stamp paper for the execution as mentioned below:

1. The person authorized under the board resolution of the company should sign the documents. Please write the full name of the authorised signatory in the space provided in the signature blocks (as per the board resolution).

2. Each of the parties should initial every page and sign on the signature clause where their full signature needs to be affixed (please affix initials to any dates / information inserted by hand).

3. Please get the documents executed with a stamp duty of Rs. 600/-.4. If you are using Electronic Stamp paper then below mentioned legend will need to be affixed :

“This Non-Judicial Stamp Paper forms an integral part of Terms and Conditions applicable for availing Rabo Online Services, executed by <Company name> in favour of Coöperatieve Rabobank U.A., Mumbai Branch dated <date> “

You can find the Terms and condition document from Second page.

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Terms and Conditions applicable for availing Rabo Online Services

In consideration of Coöperatieve Rabobank U.A., Mumbai Branch, a banking organization having its principal place of business at Croeselaan 18, 3500 HG Utrecht, The Netherlands and a branch/office amongst others at 20/F, Tower A, Peninsula Business Park, Senapati Bapat Marg, Lower Parel, Mumbai – 400013, Maharashtra, India (hereinafter referred to as “Bank”) making available Rabo Online Services electronically through their network accessible over Internet to its customers, we, M/s.___________________________________________________, a company incorporated under the Companies Act, 1956/ Companies Act 2013 having our registered office at _____________________________________ and corporate office at __________________________ hereinafter referred to as ‘Customer’ (which expression shall unless repugnant to the context or meaning thereof be deemed to include our successors, administrators and assigns) hereby, unconditionally and unequivocally, state, declare, agree, acknowledge, and confirm to abide by, the following terms and conditions for availing Rabo Online Services from the Bank for carrying out online transactions:

I. DEFINITIONS

(a) ‘Account’ or ‘Account(s)’ refers to the Customer’s bank account(s), loan / facility account(s), and/or any other type of account(s), so maintained with the Bank which are eligible Account(s) for purposes of availing Rabo Online Services;

(b) ‘Affiliate’ means, in relation to a Customer, any entity directly or indirectly controlling the Customer, any subsidiary of the Customer or any entity controlled by, or under the common control of, the Customer, and any entity within the same corporate group as the Customer. For the purposes ‘control’ together with grammatical variations means, the power to direct the management and policies of such Customer, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise howsoever;

(c) ‘Authoriser’ means a Delegated User who approves and authorises fund transfer instructions entered into by Maker;

(d) ‘Authorized Signatory or Signatories’ shall mean the person(s) authorized by the Customer through a resolution passed by its Board of Directors to avail Rabo Online Services;

(e) ‘Bank’ means Coöperatieve Rabobank U.A. carrying on banking business through its branches in India;

(f ) ‘Bank Administrator’ means an employee of the Bank having authority to act for and on behalf of the Bank to perform set up and authorization activities on Rabo Online Services such as creation of corporate profile and its maintenance, Delegated User creation, provision of account access to Delegated User, Delegated User administration, Corporate User setting, Mobile Application maintenance etc and to do or perform such other acts and duties as may be authorized by the Bank from time to time;

(g) ‘Beneficiary(ies)’ shall mean the person or persons identified by the Customer from time to time in whose favour fund transfer requests are initiated by the Customer through Rabo Online;

(h) ‘Beneficiary Bank’ shall mean the bank in which Beneficiary has maintained the bank account;

(i) ‘Business Day’ refers to a day (other than Sunday or a public holiday) on which the Bank’s branches are generally open for business during normal banking hours;

(j) ‘Code’ means the US Internal Revenue Code of 1986;

(k) ‘Confidential Information’ means these Terms, as modified from time to time in accordance herewith and (a) any information related to it and including trade and business secrets and information regarding the business, financial status, products, services and prospects, processes and methodologies, customers and employees, and any other documentation (to the extent a reasonable person would consider such business information or other documentation as confidential) of the other Party; (b) information, reports and their form, format, mode or method of compilation, selection, configuration, presentation and expression; and (c) Personal Data of the Customer;

(l) ‘Maker’ means a Delegated User who inputs transaction data;

(m) ‘Delegated User’ means employee, officer, director or agent of the Customer who is selected and authorized by the Customer to access Rabo Online Services;

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(n) ‘Enrolment Form’ is the application form provided by the Bank to the Customer for the purpose of applying for access to Rabo Online;

(o) ‘FATCA’ means:(i) sections 1471 to 1474 of the Code or any associated regulations or other official guidance;(ii) any treaty, law, regulation or other official guidance enacted in any other jurisdiction, or relating to an

intergovernmental agreement between the US and any other jurisdiction, which (in either case) facilitates the implementation of paragraph (a) above; or

(iii) any agreement pursuant to the implementation of paragraphs (a) or (b) above with the US Internal Revenue Service, the US government or any governmental or taxation authority in any other jurisdiction.

(p) ‘FATCA Deduction’ means a deduction or withholding from a payment required by FATCA.

(q) ‘FATCA Exempt Party’ means an entity that is entitled to receive payments free from any FATCA Deduction.

(r) ‘Instruction(s)’ or ‘Authorisation’ shall mean any instruction or command or request given/ submitted including any request submitted for fund transfer or for carrying out operation in the Account by Delegated User using Company ID, User ID, Password and OTP;

(s) ‘Intellectual Property Rights’ means all patents and inventions; branding and trade marks; copyrights and works of authorship; trade secrets and know-how; software and algorithms; domain names and web presence; advertising and promotional material; and all tangible and intangible representations and manifestations of such intellectual property;

(t) ‘IRS’ means the US Internal Revenue Service.

(u) ‘User ID’ means a combination of characters, alphabets and/or numerals to be used to identify the Delegated User, while availing Rabo Online Services;

(v) ‘law’ or ‘laws’ includes any constitution, statute, law, rule, regulation, ordinance, judgement, order, decree, authorisation, or any published, directive, guideline, requirement or governmental restriction having the force of law, or any determination by, or interpretation of any of the foregoing by, any judicial authority, whether in effect as of the date of signing/submission of the Enrolment Form or thereafter and each as amended from time to time.

(w) ‘Mobile Application’ means Rabo Asia Authentication application designated by the Bank for use by the Delegated User that generates a random OTP for all authorisations and authentications which require use of OTP for completion of activity availed through Rabo Online Services;

(x) ‘OTP’ shall mean one time password randomly generated using Mobile Application

(y) ‘Password’ means a secret series of characters comprising letters of English alphabet and/or numeric and/or special characters that enables the authentication and verification of Delegated Users to access Rabo Online Services;

(z) ‘Personal Data’ shall mean any information categorized as sensitive personal data and information under Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as amended and includes (i) name, residential address, date and place of birth, unique identification numbers and personal identifiers such

as identity card numbers and tax identification numbers; (ii) background information (which may include but is not limited to data relating to financial background),

telephone numbers, email addresses or other contact details, information about your place of work and position/title; and

(iii) information generated in the ordinary course of a banking/financial relationship with the Bank or any member of Rabobank Group, or any other information from which the Relevant Individual can be identified, whether in electronic form or otherwise.

(aa) ‘Rabo Online Services’ or “Services” means Rabo Online internet banking service portal/ Website through which internet banking services are offered by the Bank to the Customer including services 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. The availability/non-availability of a particular service shall be communicated to the Customer and/or Designated User through email, web page of the Bank or in writing as may be deemed fit by the Bank. Such Rabo Online Services may be provided by the Bank directly or through its associates or contracted service providers;

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(ab) ‘Rabobank Group’ shall means Bank, its direct and indirect Holding Company, any direct or indirect Subsidiary of the Bank and its Holding Company, and the head office, branches and other offices (wherever located) of any of the aforesaid companies (together or individually).

(ac) ‘Relevant Individual’ includes any guarantor, security provider, manager, officer, director, employee, shareholder, beneficial owner, partner, trustee, authorised person, authorised signatory, servant, agent and representative of a Customer, or any other persons with whom such Customer has a relationship that is relevant to the Customer’s relationship with the Bank or any member of Rabobank Group or provision of services by the Bank.

(ad) “Tax Compliance Obligations” means any obligations of the Bank or any member of Rabobank Group under or pursuant to FATCA.

(ae) ‘Terms’ shall mean terms and conditions contained herein for availing Rabo Online Services, as amended, supplemented, modified from time to time;

(af ) ‘User Guide’ means compendium of instructions issued by the Bank to the Customer on the use of the Website;

(ag) ‘Website’ shall mean the world wide web portal owned, established and maintained by the Bank located at the URL https://secure.rabotransactasiav5.com/portal or such other website through which the Bank provides access to Rabo Online Services from time to time;

II INTERPRETATION

All references to singular include plural and vice versa and the word “includes” should be construed as “without limitation”.

III TERM AND SERVICES

(1) The Customer understands that the Bank shall provide, subject to these Terms, Rabo Online Services from time to time through any Website established, operated and/or maintained by, or on behalf of, the Bank and enable the Customer to give Instructions to and communicate with the Bank for the purposes of availing Rabo Online Services. The Customer understands and agrees that these Terms shall be valid with effect from the date of execution of these Terms by the Customer and shall continue unless terminated by the Customer or the Bank as per the terms contained herein.

(2) The Customer is aware that, as part of the Services, the Bank may make available via Website information and/or data supplied by any person and may provide reports compiled from information in any form, medium or means available with the Bank relating to Account, transactions undertaken in the Account or any other Account related information.

(3) The Customer agrees that the Bank shall have the right to determine and vary from time to time the scope and type of the Services to be made available including, without limitation : -

(a) expanding, modifying or reducing the Services at any time; (b) imposing and varying any restrictions on the use of the Services(c) reducing or re-setting a transfer limit (whether designated by the Customer or the Bank) to a lower value or to

zero if the Customer has not utilised the relevant Service(s) for a period of time that the Bank may designate from time to time, or otherwise as part of the Bank’s internal risk control program;

(d) prescribing and changing the normal service hours during which the Services are available or the type of Services available. The Customer agrees that the Bank may specify business days by reference to the time of various markets operating in different time-zones.

(e) The Customer agrees that the Bank may require the Customer to nominate or register specific Account(s) for the purposes of the Services.

IV REPRESENTATIONS AND WARRANTIES

1. Customer represents and warrants that:

(a) Customer is duly incorporated, validly existing and in good standing under the laws of its incorporation.

(b) these Terms constitute a valid, legal and binding obligation and are enforceable against the Customer in accordance with the provisions hereof;

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(c) the execution and delivery of these Terms has been duly authorized and will not contravene any provisions of any law/regulation, any provision of its constitutional documents, any order or judgement of any court or other agency of government applicable to it, or constitute a default under any other agreement or instrument to which the Customer is a party;

(d) no consent, authorization, order or approval of, or filing or registration with, or notification to any court, administrative agency or commission or other governmental authority or instrumentality is required by the Customer in connection with the execution, delivery and performance of these Terms.

(e) the Customer has understood and confirmed that the Services or any marketing/promotional messages displayed as part of the Services should not be regarded as an offer or solicitation to sell investments or make deposits or solicitation to subscribe to any other product or service, to any person residing in a jurisdiction outside India, where it is unlawful to make such an invitation or solicitation.

(f ) The Customer has fully understood the risks the Customer may incur as a result of use of Rabo Online Services and to be fully responsible for those risks and further agrees to hold the Bank harmless from any claims of any parties in relation to Rabo Online Services;

(g) The Customer represents and warrants that the Customer, and all Delegated User(s) have knowledge of internet use.

(h) The Customer hereby warrants and confirms to the Bank that it shall maintain its status at all times as a FATCA Exempt Party and the Customer shall indemnify the Bank against all actions, claims, demands, liabilities, losses, damages, costs and expenses of whatever nature, including but not limited to those resulting from: (a) its failure to become or having ceased to be a FATCA Exempt Party; (b) its failure to provide any information or updated information to the Bank or its failure to provide such information upon the Bank’s request; (c) its refusal to provide consent (in such form as may be prescribed by the Bank) to the Bank for the Bank’s disclosure or transfer of any information to the IRS, local or other foreign tax authorities, or other third parties for the purposes of the Bank’s compliance with the Tax Compliance Obligations (“Consent”); or (d) its withdrawal of any Consent previously provided to the Bank, which the Bank may suffer, incur or sustain in connection with or arising in any way as a consequence of the Bank providing Rabo Online Services to the Customer, and the Customer shall pay to or reimburse the Bank, upon demand, for any payment, loss or damage which the Bank may make or incur by reason thereof. The Customer acknowledges that it may incur certain tax liabilities as a result of the disclosure of information by or on behalf of the Bank and any member of Rabobank Group to any tax authorities, and agrees that the Bank shall not be liable for that loss.

(i) Without prejudice to the Bank’s ability to rely on any information provided to the Bank pursuant to the terms and conditions of Rabo Online Services, the Customer hereby warrants and confirms to the Bank that if it becomes aware that it is no longer a FATCA Exempt Party, or there is any material change to any forms, documentation and other information which the Customer has provided to the Bank pursuant to the terms and conditions of Rabo online Services, it shall notify the Bank in writing immediately.

V UNDERTAKINGS

1. The Customer undertakes to provide such information as the Bank may from time to time reasonably request for the purposes of providing the Services and to ensure that all information provided to the Bank, at all times, is accurate, complete and up-to-date including, without limitation, the Customer’s address and other contact details.

2. The Customer undertakes to verify and confirm any information, statement and/or report generated using Services before relying or acting on it and to seek independent professional advice on legal, tax and other issues in connection with the use of the Services, the information and the reports, which may affect the Customer under all applicable laws.

3. The Customer agrees and undertakes to promptly inform the Bank in writing of any additions/ deletions/ modifications to the Delegated Users. Such additions/deletions/modifications shall not be construed as commencement of a new contract.

4. The Customer agrees and undertakes to comply with and adhere to these Terms and act prudently, accurately and in good faith in using of Rabo Online Services.

5. The Customer undertakes that none of its related corporations shall, do anything that shall cause the Customer or any of its related corporations to be made subject to any sanctions imposed under applicable laws including but not limited to (a) Indian law, (b) the law of the Netherlands, (c) European Union laws, and (d) the laws of the United States of America;

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6. The Customer undertakes that none of its related corporations shall, do anything that shall cause the Customer or any of its related corporations to directly or indirectly use the proceeds of the facilities made available by the Bank using Rabo Online Services for any purpose which would breach the Bribery Act 2010, the United States Foreign Corrupt Practices Act of 1977 or the anti-corruption laws of any jurisdictions;

7. The Customer undertakes that it shall conduct its businesses in compliance with the applicable anti-corruption laws and maintain the policies and the procedures designed to promote and achieve compliance with the anti-corruption laws of any jurisdictions; and

8. The Customer undertakes that it shall within 60 Business Days of the Bank making a request, supply the Bank with such forms, documentation and other information in relation to its status under FATCA as the Bank may request, and undertakes to provide such other assistance to the Bank as the Bank may request, for the purposes of the compliance by the Bank of the Tax Compliance Obligations and/or the obligations of the Bank (whether arising under law, regulation, contract or otherwise) to any governmental, regulatory or taxation authority of any country.

VI GENERAL RULES ON USING RABO ONLINE SERVICES

1. The Customer understands and agrees to register immediately and activate Rabo Online as per instructions given in the User Guide and shall comply with and adhere to these Terms.

2. The Customer agrees and confirms that Delegated User shall ensure the accuracy and completeness of all data required at the time of giving command/ Instructions to the Bank. The Customer agrees that the Bank shall not be responsible for any risk that may arise out of or relating to the failure, incompleteness, unclear, or inaccuracy of Instructions/data entered.

3. The Customer further agrees that the Bank shall not be liable if the Instruction given by the Delegated User is not received correctly and /or is incomplete and/or is not in machine readable form.

4. The Customer admits and agrees that using Company ID, User ID, and , Password and OTP shall be a valid authorisation and shall have the same legal binding as an officially written authorization or consent; hence any authorisation through Rabo Online shall also be treated as authorization from the Customer to the Bank to carry out the Instruction, including but not limited to:

(a) disclosing the Customer’s identity as a sender to the Beneficiary Bank.(b) debit the Customer’s Account for transaction amount and for any expenses, charges and/or penalty payable

by the Customer to the Bank. (c) Customer agrees to be solely responsible for the payment of all past, present and future central, state and local

taxes or levies by whatever name called, as may become due and payable in relation to the Service.

5. If a Customer requests the Bank to cancel or change an Instruction, the Bank shall make reasonable efforts to meet the request. However, the Bank shall not be liable for any failure to cancel or change the Instruction, if such request is received by the Bank at a time, or in a situation causing the Bank to be unable to meet and satisfy the request.

6. Customer understands and agrees that a transaction initiated is not always processed at the same time. Certain transactions may need more time, and such Instructions may only be processed during the Bank’s official working hours, although conducted online using Rabo Online and accessible beyond working hours. The Customer understands and agrees that the Bank shall process payment Instructions during the banking hours on working days as prescribed by Reserve Bank of India even though such Instructions are received by the Bank after the cut off time or on a day which is not a bank holiday. The Customer understands and agrees that the Bank shall process payment Instructions on the same working day or on the next working day depending upon the time of submission of the transactions by the Delegated Users. Any Instruction of the Customer received by the Bank after any applicable daily cut-off time shall be deemed to be received on the next Business Day.

7. The Customer agrees that the Bank may communicate with the Customer (or with other third party) via email, facsimile/fax message or any other instrument beside Rabo Online. Any advice, request, instruction or communication which is received by the Bank for providing the Services shall be in the manner indicated by the Bank from time to time. The Customer understands and confirms that the Customer admits the risks that such methods of communication could be interrupted, observed, changed or interfered by any third party. The Customer understands and further confirms that the Bank shall not be responsible to the Customer, if such risk occurs in connection with any communication between the Bank and the Customer or between the Bank and any other third party of the Bank in connection with the Services which seems to be made in the interest of the Customer, or any communication intended to be conducted by the Bank with any third party.

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8. The Bank presupposes and the same is acknowledge by the Customer that the login using appropriate Company ID, User ID and Password is a valid session initiated by the Delegated User to whom said User ID has been issued. The Customer understands and agrees that the Bank shall rely upon all electronic communications, orders or messages to the Bank through Internet Banking and the Bank shall take it for granted that the originator of the communication is the Delegated User to whom the User ID/Password has been issued.

9. The Customer understands and agrees that the display or printed output that is produced by the Delegated User at the time of operation of Rabo Online Services is a record of the operation of the internet access and shall not be construed as the Bank’s record of the relative transactions. The Bank’s own records of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. The Customer understands and agrees that all the records of the Bank generated by the transactions arising out of the use of the Rabo Online Services, including the time the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transaction. The Customer understands and agrees that whilst the Bank and any member of Rabobank Group 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.

10. The Customer agrees and confirms that any exchange rate, interest rate, dealing rate and other prices and information quoted by the Bank on the Website, or otherwise in response to an online inquiry is for reference only and is not binding. Any rate, price and information offered by the Bank for the purpose of the relevant transaction shall be binding on the Customer upon the Customer confirming his acceptance irrespective of any different rate, price or information quoted by the Bank.

11. The Customer agrees and confirms that any communication from the Bank to the Delegated User shall be deemed to have been addressed to the Customer.

VII DELEGATION AND AUTHORISATION

1. The Customer shall appoint the Delegated Users who shall be given the access to Rabo Online Services.

2. Notwithstanding anything contained herein, all Instructions received by the Bank from any of the Delegated User shall be deemed to have been properly received and approved from the Customer and shall not be open to challenge by the Customer.

3. The Customer understands that, in the event the Customer is desirous of changing the list of Delegated Users, the Customer shall be entitled to do so by giving a request to this effect to the Bank in the format and manner as required by the Bank, along with certified true copy of the board resolutions/ authorisation document. Any such change notified by the Customer to the Bank shall be effective only after 3 working days from the date of receipt of the request by the Bank and till such time the Bank shall continue to accept and carry out Instructions received from any of the Delegated Users of the Customer whose names are mentioned in the list of Delegated Users available with the Bank.

4. The Customer agrees and confirms that, once the Bank had delivered a new User ID to the Delegated Users, the Customer shall ensure that the new appointed Delegated Users change the Password and Activate the Mobile Application subject to these Terms.

5. The Customer agrees that any and all changes in the information contained in the Enrolment Form shall be communicated by the Customer to the Bank in the manner stipulated by the Bank alongwith the accompanying documents.

VIII SECURITY OF SERVICES

1. The Customer agrees to comply with these Terms, and any other information or reasonable recommendations that may be given by the Bank to the Customer from time to time with respect to the security and maintaining confidentiality of Customer data on Rabo Online Services and the same shall be conveyed to the Customer either through Website or through any other means available to the Bank.

2. The Customer agrees to be responsible to maintain and undertakes to regularly assess security arrangement with respect to the access of Rabo Online Services, access to information stored on its computers and communication between the Bank and the Customer, and supervision of the Delegated Users.

3. The Customer understands and confirms that the Bank will take all reasonable care to ensure the security of, and to prevent unauthorized access to, Rabo Online Services using technology reasonably available to the Bank. However,

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the Customer acknowledges that the technology used including the internet is susceptible to a number of frauds, misuse, hacking, virus, malicious, destructive or corrupting codes, programmes or macro which could affect Rabo Online Services and this could result into delays in the processing of Instructions or failure in the processing of Instruction and any other such failures and the Bank shall not be held responsible for the same.

4. The Customer agrees and undertakes to ensure that each of the Delegated User complies with the provisions of these Terms and any security procedures mentioned or referred to, including without limitation, the security recommendations given by the Bank.

5. The Customer agrees and undertakes to ensure that Delegated Users keep User ID, Password and OTP safely and continue to keep them confidential at all times, and prevent their illegal use by taking measures including but not limited to the following:

(a) change Password assigned by the Bank, on accessing Rabo Online Services for the first time;(b) not to keep User ID and Password in writing or in any other documentation, that enables other persons to

access it;(c) not to disclose User ID and Password to any other person, including but not limited to Bank’s employees;(d) to destroy any notification from the Bank regarding the Password as soon as possible after having linked to

Rabo Online Services;(e) to choose a Password of such length or combination of letters, numbers or special characters and in such

fashion as may be required or stipulated by the Bank from time to time.;(f ) to immediately inform the Bank, if the Customer or a Delegated User believes that a third party may see or

access the Password of Delegated User;(g) to ensure that the Delegates Users change their respective Passwords regularly and does not to replace it with

the existing or used one;(h) not to let any unauthorized person have access to the Customer’s computer and not to leave the computer

unattended whilst accessing Bank Website.

6. The Customer understands and agrees that the Bank will block Delegated User’s access to Rabo Online Services, if the Delegated User enters the wrong User ID and Password combination successively for such number of times as may be notified by the Bank to the Customer from time to time. In such a case, the Delegated User will have to send a request to the Bank in a manner and format as required by the Bank for unblocking Delegated User’s access.

7. The Customer agrees to be fully responsible for any accidental or unauthorized disclosure of the User ID, Password and, OTP to any other person and shall bear the risks of User ID, Password and, OTP being used by unauthorized persons or for unauthorized purposes.

8. The Customer agrees to ensure that the or Delegated Users do not access Rabo Online from any other computer interfaced to local area network (LAN) or from an access instrument or public spot without ensuring that the computers and networks are free from viruses, spywares, or other softwares or components that shall or may harm the access or compromise the security and use of Rabo Online Services.

9. Upon notice or suspicion of the User ID, Password and/or OTP being disclosed to, and/or the Mobile phone being lost or has otherwise come into the possession or control of any unauthorized person or any unauthorized use of the Rabo Online Services being made, the Customer and/or Delegated User agree to notify the Bank as soon as practicable by telephone, email or fax at such number, email address or fax number as the Bank may from time to time prescribe (and the Bank may ask the Customer to confirm in writing any details given) and, until the Bank’s actual receipt of such notification, the Customer agrees to remain responsible for any and all use of the Services. In case such a breach or suspected breach of security occurs, the Customer agrees to ensure that all the Delegated Users immediately change their respective Passwords.

10. The Customer agrees to comply with any proper request of assistance from the Bank and/or police, if required, in preventing any loss or identifying any security breach or any criminal act that occurs or has the potential to occur. In this case, the Bank shall be authorised by the Customer to disclose the Customer’s Confidential Information or Account details to the police or any other relevant third party, if in Bank’s opinion it helps preventing or dealing with loss, without any prior notification to the Customer.

11. If for any reason the Customer is unable to change Password, the Customer agrees to immediately notify the Bank, failing which, any transaction instruction and communication made from using User ID and Password by unauthorised party shall be the responsibility of the Customer.

12. If there is any misuse of User ID, Password and Mobile Application, the Customer agrees to be solely responsible or any consequences which may arise and to indemnify the Bank against any liability, cost or damages incurred or suffered by the Bank arising out of claims or suits by any person.

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13. If the Customer suspects any impropriety on the part of any Delegated User with respect to Rabo Online Services and/or Delegated User leaves the services of the Customer, then the Customer shall ensure that the Delegated User do not continue to have access to Rabo Online Services even after leaving the services of the Customer and that the Customer shall take steps to replace or appoint new Delegated User.

14. The Customer confirms and agrees that in case the Delegated User forgets Password, the Delegated User will request for a new Password in the manner and format as may be stipulated by the Bank.

15. In case of an unintended termination of a valid session due to break in internet connectivity, it is suggested that the Delegated User Login afresh and verify the status of last requested transaction and ensure that is has been recorded successfully and correctly.

16. The Customer understands that the Bank, Indian Banking Association, Reserve Bank of India or any other regulators will never ask the Customer to divulge the User ID, Password or other personal credentials through email or other means. The Customer agrees that if the Customer divulges such details, the Bank or the Reserve Bank of India will not be held responsible for any loss that the Customer may incur/have incurred due to the Customer’s actions.

17. The Customer agrees to indemnify and keep the Bank indemnified from time to time from and against all claims, actions, proceedings, costs, losses and damage of any kind (including actual attorney fees and costs) which the Bank may suffer or incur or likely to suffer or incur as a result of the Bank acting on any Customer Instruction in accordance with these Terms, or as a result of any failure on the part of the Customer and/or the Delegated User, to comply with the duties under these Terms.

Ix FUND TRANSFER REQUEST

1. The Customer irrevocably and unconditionally authorises the Bank to access all Account(s) for effecting banking or other transactions performed by the Delegated User through the Rabo Online Services. The Instructions of the Delegated User shall be effected only when such instruction are in accordance with the prescribed procedure. The Customer understands and agrees that the Bank shall have no obligation to verify the authenticity of any transaction / instruction received or purported to have been received from the Delegated User through Rabo Online Services or purporting to have been sent by the Delegated User other than by means of verification of the Rabo Online Services using User ID , Password and OTP

2. For any Instructions for fund transfer:(a) Authoriser and Maker shall ensure the accuracy and completeness of all data required. The Bank shall not

be responsible for any risk arising out of or relating to the failure, incompleteness, unclear, or inaccuracy of Instructions/data entered.

(b) Authoriser and Makers shall have the option to re-examine and/or cancel any data filled in before seeking approval and executing the transaction.

3. The Customer understands, acknowledges and agrees that in the event of any inaccuracy in any information and/or instruction, there could be consequent erroneous transfers and Bank gives no guarantee or representation of recovery of the same thereafter.

4. The Customer confirms and agrees that the Delegated User accepts that they will be responsible for keying in the correct account number of the Beneficiary and IFSC of the Beneficiary Bank for the fund transfer request. The Customer confirms and agrees that in no case the Bank will be held liable for any erroneous transactions incurred arising out of or relating to the Delegated User entering wrong account numbers and/ or IFSC

5. The Customer confirms and agrees that if the Delegate Users enters the wrong account number and / or IFSC, Customer may lose the entire amount of the funds transferred. The Customer agrees that it is the responsibility of the Delegated Users to enter correct beneficiary details for initiating fund transfer request.

6. The Customer confirms and agrees that the Delegated User shall not use or attempt to use the Rabo Online Services for funds transfer without sufficient funds in the relative Account or without a pre-existing arrangement with the Bank for the grant of an overdraft. The Customer confirms and agrees that the Bank will endeavour to effect funds transfer transaction received through Rabo Online Services subject to availability of sufficient funds in the Account and approval of Beneficiary registration by the Delegated User, if chosen by the Customer

7. The Customer confirms and agrees that 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-approval or delayed approval of Beneficiary registration by Delegated User

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8. The Customer confirms and agrees that if fund transfer facility is made available to the Customer, it may be used for transfer of funds from Account to other accounts belonging to the Customer or third parties maintained at the Bank and/or at any other Bank subject to receiving instructions before cut off time displayed on the Website.

9. The Customer agrees that the Bank has no control over when the Beneficiary Bank makes such funds available for the Beneficiary’s use and the Bank shall not be responsible for any delay or default on the part of such Beneficiary Bank.

10. The Customer understands and agrees that the Bank shall incur no liability if it is unable to effect any Instruction on because of the existence of any one or more of the following circumstances: (a) If the Account does not contain sufficient funds to process the Instruction or the amount exceeds the overdraft

limit, if any, granted to the Customer; (b) If the funds available in the Account are under any encumbrance or charge;(c) The name of Beneficiary and/or details required for effecting the payment is not correctly provided by the

Delegated User;(d) Due to refusal of the Beneficiary Bank to honour the payment for any reason whatsoever; (e) Due to circumstances beyond its reasonable control;

11. The Customer understands and agrees that the service charges will be debited from the Account(s) if an Instruction fails due to any of the above mentioned reasons. The Customer understands and agrees that the amount of the charges will be intimated to the Customer either on the Website or through any other medium, as the Bank may deem fit.

x CONFIDENTIALITY

1. The Customer acknowledges and agrees that the Confidential Information are trade secrets and confidential and proprietary property of the Bank, any member of Rabobank Group or its vendors and unless expressly permitted under these Terms, the Customer shall not attempt to:

(a) sell, transfer, disclose, assign, convey, sub-license, share, distribute, transmit, broadcast, 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;

(b) remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing with the Confidential Information including, without limitation, any trademark or copyright notice; or

(c) incorporate or combine the Confidential Information with any other programmes.

(d) decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete, change, modify, improve or in any way tamper with, or gain access to, any part of the Services or Website or any software comprised in them.

2. The Customer understands that the restrictions on disclosure shall not apply to any Confidential Information where its disclosure is compelled by law but only to the extent required by law and only after written notice of the requirement to disclose has been given by the Customer to the Bank; or where the Bank has expressly agreed in writing to its disclosure.

3. The Customer understands that the Bank will take reasonable care to ensure that the information about the Customer which is stored or transmitted using the Services remains confidential and is not disclosed to any third parties without the Customer’s written permission. However, the Customer unequivocally agrees and authorizes the Bank to disclose or share information about the Customer, its Account, transactions, Personal Data and/or Delegated Users to:

(a) any agent, contractor or third party service provider who provides services to the Bank in connection with the operation of the Bank business;

(b) any other members of Rabobank Group in case the Bank considers such disclosure of information necessary for service effectiveness of Rabo Online Service;

(c) where the Bank is obliged to comply with the orders of courts, government agencies or other lawful authorities anywhere in the world or where the Bank reasonably thinks it necessary in order to give effect to any Instruction or generally to enable the Bank to provide the Services. The Customer further agrees to indemnify and hold the Bank harmless from all costs, penalties, damages and other losses incurred as the result of any breach of this provision;

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(d) to other institutions, such 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 recognised credit scoring agencies, or for fraud prevention purposes;

(e) to banks / financial institutions / credit bureaus / agencies/participation in any telecommunication or electronic clearing network as may be required by law or customary practice and shall not hold the Bank liable for use or disclosure of this information.

(f ) to the disclosure of confidential data provided by it to the Bank for the purpose of enabling the Bank and any member of the Rabobank Group to comply with any Tax Compliance Obligations.

(g) any member of the Rabobank Group (including their employees, directors and officers, agents, contractors, third party service providers, auditors, legal and other professional advisers, wherever located);

(h) any person to whom disclosure of Customer information is necessary in order for the Rabobank Group to validly effect, manage, administer and/or enforce any services or transactions requested or authorised by the Customer;

(i) any person with whom the Bank or any member of the Rabobank Group enters into any contractual or other arrangement in relation to any of the services and facilities the Bank or any member of the Rabobank Group provides or proposes to provide to the Customer including, without limitation, any guarantors, sureties, third party security providers and/or third party service providers;

(j) any custodial, agent or broker to whom the Rabobank Group delegates any of its duties, functions or obligations under any of the agreements with the Customer or Relevant Individuals in accordance with the terms and conditions contained therein;

(k) any agents, contractors, sub-contractors, data processors, service providers or associates of any member of the Rabobank Group (including their employees, directors and officers, agents, contractors, third party service providers, auditors, legal and other professional advisers);

(l) any Authorities (including their agents, associates or affiliates);

(m) any financial institutions, credit reference agencies or credit bureaus;

(n) debt collection agencies (in the event of default);

(o) any member of the Rabobank Group, agents, brokers, exchanges, markets, clearing house, depositaries, swap or trade repository, or anyone acting on their behalf;

(p) any party involved in any actual or proposed business transfer, disposal, merger, assignment, participation or acquisition by the Bank or any member of the Rabobank Group;

(q) any person or entity under a duty of confidentiality to the Bank or a member of the Rabobank Group, wherever located; and

(r) any other person, with the Customer’s prior written consent.

4. The Customer agrees that Bank and/or any member of Rabobank Group or their contractors may hold and process its information and all other information concerning Account(s) on computer or otherwise in connection with the Website as well as for analysis, credit scoring and marketing.

xI ACCURACY OF INFORMATION

1. The Customer understands that the information provided to the Customer by the Bank through the Website is not updated continuously but at a regular intervals. Consequently, any information supplied to the Customer through Website will pertain to the date and time when it was last updated and not as the date and time when it is supplied to the Customer. The Customer agrees and confirms that the Bank shall not be liable for any loss, damage of reputation that the Customer may suffer by relying on or acting on such information.

2. If the Customer notices an error in the Account information supplied to it through Website or by the use of any of the Rabo Online Services, it shall advise the Bank as soon as possible.

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xII RULES ON USE OF MOBILE APPLICATION

1. By installing Mobile Application and accepting the terms and conditions, Customer hereby agrees that the Delegated User shall use the randomly generated One Time Password (OTP) displayed on the Mobile Application downloaded and installed by the Delegated User on his/her mobile phone for all authorisations and authentications which requires use of OTP for completion of activity availed through Rabo Online Services. Any such action performed by the Delegated User using the OTP will be binding upon the Customer. The OTP displayed on the Mobile Application will remain valid for one transaction only and for a period of 60 Seconds and shall lapse thereafter and the Delegated User is required to re-generate the OTP again using the Mobile Application in the Delegated User’s mobile phone.

2. The Bank does not assume any responsibility whatsoever in case of failure by the Delegated User to correctly enter the OTP. The Bank further does not assume any responsibility whatsoever in case the Delegated User discloses the OTP to any other person.

3. The Bank is not responsible for any failure in the transaction on account of any problem with the Delegated User’s mobile phone network or any other issue in the mobile phone or the SIM card of the Delegated User, over which the Bank has no control including but not limited to cloning of the SIM card or unauthorized access of the Delegated User’s mobile phone through hacking or otherwise.

4. The Delegated User will receive password for activating Mobile Application on his/her email address registered with the Bank. The Delegated User shall keep the his/ her mobile phone or SIM card active, safe and in his/her possession at all times. The Delegated User shall not allow the use of his / her mobile phone, SIM card, or his/her email address by any other person which will allow other person to access the Mobile Application and use the OTP.

5. In case of any loss or theft of the Delegated User’s mobile phone and/or or SIM card, the Delegated User shall de-register or block such a mobile phone and/or the SIM card with its service provider on an urgent and immediate basis. The Delegated User shall also inform the Bank of such a loss or theft so that his registration as a Delegated User can be suspended till the time the Delegated User or Customer requests for restoration of the registration. The Bank shall not be responsible for any unauthorized use of the mobile phone or SIM card on account of such loss or theft. The Delegated User is obligated to keep the mobile phone and the data therein and usage thereof confidential at all times and shall ensure that the mobile phone and the data therein is not shared with any other person under any circumstances which would compromise the security of internet banking services. The Delegated User shall not create a copy or duplicate of the data in the mobile phone or save such data except for the purposes of using the same as permitted or required by the Bank.

6. If the Delegated User de-registers or uninstalls the Mobile Application from the mobile phone, the Delegated User and Customer understand and agree that Delegated User will not be able to use the internet banking services.

xIII LIABILITY OF THE CUSTOMER

1. The Customer shall be liable and responsible for all consequences arising from or in connection with use of the Rabo Online Services (including, without limitation, the use of Mobile Application by the Delegated Users of the Customer) and/or access to any information or report or any other information as a result of such use by the Customer or any other person whether or not authorized.

2. The Customer understands that the permission given by the Bank to access Rabo Online Services shall not deem to convey any Intellectual Property Rights. The Customer agrees that all right, title and interest in and relating to the Confidential Information and any and all related Intellectual Property Rights are and shall remain the exclusive property of the Bank. No right, title or interest other than the right to access the information and the reports subject to these Terms is granted or transferred to the Customer.

3. The Customer shall not transmit any materials or information through Website which are or may be offensive, indecent and defamatory or which may not be lawfully disseminated under applicable laws or which contains any viruses, malicious code or damaging components.

4. The customer agrees that in event of overdraft created due to oversight/inadvertently or any other reason, the Customer will be liable to pay overdrawn amount.

5. The Customer shall use Rabo Online Services in conformity with all applicable laws, rules and regulations (as applicable to the Customer whether pertaining to India or any other country).

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xIV RIGHTS OF THE BANK AND LIMITATION OF LIABILITY

1. The Customer agrees and confirms that the Bank may suspend any service provided to the Customer under the Rabo Online Services without notice where the Bank considers it necessary or advisable to do so, for example to protect the Customer when there is a suspected breach of security or the bank need to suspend the Rabo Online Services for maintenance or other reasons. The Customer confirms that the Bank does not warrant that access to the services shall be uninterrupted, timely, or error free. The Customer understands that the Bank will use reasonable efforts to inform the Customer without undue delay through the Rabo Online Services.

2. The Customer agrees and confirms that unless due to the gross negligence or willful default of the Bank, any member of Rabobank Group or their respective officers or employees, and only to the extent of direct loss and damage (if any) arising directly and solely there from, neither the Bank nor any member of Rabobank Group assumes any liability or responsibility to the Customer or any other person for the consequences arising from or in connection with:-

(a) use of the Services (including, without limitation, the use of the Mobile Application) and/or access to any information;

(b) any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Rabo Online Services (including, without limitation, any interruption, interception, suspension, delay or failure to generate OTP using the Mobile Application), in transmitting instructions or information relating to the Rabo Online Services or in connecting with the Website caused by any acts, omissions or circumstances beyond the reasonable control of the Bank including, without limitation, failure of any communication network, act or omission of any third party service providers, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or government order (whether or not having the force of law); and

(c) transmission and/or storage of any information and/or data relating to the Customer, the Rabo Online Services and/or transactions or dealings conducted by the Customer pursuant to the Rabo Online Services through or in any system, equipment or instrument of any communication network provider.

xV INDEMNITY

1. Further, the Customer undertakes to indemnify, defend and hold harmless the Bank and any member of Rabobank Group, its directors and employees, representatives, agents against any claim, suit, action or other proceeding brought against the Bank and any member of Rabobank Group, its directors and employees, representatives, agents, by a third party, to the extent that such claim, suit, action of other proceeding brought against the Bank, its directors and employees, representatives, agents, and any member of Rabobank Group is based on or arises out of or in connection with or in relation to:

(a) violation of any of these Terms contained herein by the Customer; (b) any deletions, additions, insertions or alterations to, or any unauthorized use of, Website by the Customer;

including, without limitation, the use of the Mobile Application(c) any misrepresentation or breach of representation or warranty made by the Customer contained herein; or (d) breach of any covenant or obligation to be performed by the Customer hereunder.


3. The Customer hereby agrees that the Bank’s or any member of Rabobank Group aggregate liability for claims relating to use of Rabo Online Services, whether for breach in tort (including but not limited to negligence) shall be limited to the transaction charges/fees or consideration paid by the Customer within the previous twelve (12) calendar months.

xVI FEES, ADDITIONAL PROVISIONS AND AMENDMENTS

1. The Customer agrees to pay fees for availing Rabo Online Services as determined and notified by the Bank to the Customer from time to time, Customer shall be solely responsible for the payment of all present and future central, state and local taxes or levies by whatever name called, as may become due and applicable in relation to the Rabo Online Service. The Customer agrees that the Bank is entitled to recover such fees/costs by debit to the Account of the Customer.

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2. The Customer agrees that the Bank may amend fees and costs relating Rabo Online Services and shall inform the Customer about such costs/ fees and its effective date.

3. The Customer understands that in case the Bank introduces a new service or product on Rabo Online, the Customer shall be subject to such additional terms governing the new service or product, as may be stipulated by the Bank.

4. The Customer agrees and confirms that the Bank may revise terms and/or introduce additional terms and conditions at any time and from time to time. Any revision and/or addition to these terms shall become effective subject to the Bank giving reasonable notice to the Customer which may be given by posting it on the Website or by display, advertisement or other means as the Bank thinks fit, and shall be binding on the Customer if the Customer continues to maintain or use the Rabo Online Services on or after the effective date.

xVII RIGHT TO ALTER THE RABO ONLINE SERVICES AND THESE TERMS

The Customer understands and unconditionally agrees that the Bank reserves the right to add, amend, revise, suspend or cancel in whole or in part any of the Rabo Online Services available through the Website, and will make best efforts to provide appropriate notice to the Customer. Any addition, revision, amendment, cancellation or suspension of the terms as notified on the Website may be made by the Bank, by causing a notice of the same to be posted on the Website or by display, advertisement or other means as the Bank thinks fit and the Customer shall be deemed to have accepted the same in the event Customer continues to maintain or avail Rabo Online Services on or after effective date of addition, revision, amendment, cancellation etc. The Customer understands and agrees that the Bank may introduce new services in relation to the Website from time to time. The Customer understands and agrees that the existence and availability of the new Rabo Online Services will be notified on the Website, as and when they become available.

xVIII TAxES

1. The Customer understands and agrees that all payments due to the Bank arising under or in respect these Terms will be made free of any deduction or withholding for or on account of any tax, unless such deduction or withholding is required by any applicable law.

2. The Customer understands that, upon becoming aware that it must make a FATCA Deduction (or that there is any change in the rate or the basis of a FATCA Deduction), promptly notify the Bank on becoming so aware in respect of a payment payable to the Bank. The Customer agrees that the Bank may make any FATCA Deduction it is required by FATCA to make and any payment required in connection with that FATCA Deduction, and the Bank shall not be required to increase any payment in respect of which it makes such a FATCA Deduction or otherwise compensate the Customer for that FATCA Deduction. The Bank shall use reasonable efforts to notify the Customer promptly if it becomes aware that it is required to make a FATCA Deduction in respect of a payment to the Customer.

xIx PENAL INTEREST

1. The Customer agrees that the failure to pay any charges/fees (including applicable taxes) on or before the specified date/ due date will render Customer liable for payment of interest at Bank’s Marginal Cost of Funds Based Lending Rate (MCLR) plus 200 basis point per annum on the defaulted amount from its due date till payment.

xx DISCLAIMER OF WARRANTIES

1. The Customer expressly agrees that use of the Website at its sole risk. The Website is provided on an “as is” and “as available” basis and the bank:

(a) 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 relation to Rabo Online Services;

(b) does not warrant that access to the Website and Rabo Online Services shall be uninterrupted, timely, secure, or error free or that any identified error will be corrected; nor does it make any warranty as to the results that may be obtained from the Website or use, accuracy or reliability of Rabo Online Services; and

(c) will not be liable for any virus that may enter the Customer’s system as a result of using the Rabo Online Services.

(d) shall not be liable for any computer/ cyber crimes such as hacking and shall not be liable for any unauthorized transactions and/or any transactions carried out by using illegal and fraudulent methods.

2. These Terms are in addition to any other Terms applicable to the product and services to the Customer or general terms and conditions applicable to the Account.

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xxI ACCESS SUSPENSIONS AND SERVICE INTERFERENCES

1. The Customer agrees and confirms that access to Rabo Online shall be suspended by the Bank in case:

(a) Delegated User enter wrong User ID and Password combination and OTP successively for the number of times as may be notified by the Bank to the Customer from time to time;

(b) the Customer does not agree to the transaction tariff or the administrative fee determined by the Bank;(c) receipt of notification from the Customer regarding any suspicion or identification of User ID , Password and

Mobile Application by unauthorized parties;(d) the Customer breaches any of the terms contained herein;

2. The Customer further agrees and confirms that the Bank shall be entitled to suspend Rabo Online or stop temporarily for a certain period of time as determined for the purpose of renewal, maintenance or any other purposes for any reasons deemed appropriate by the Bank, and for that reason, the Bank shall not have obligations to be responsible to any party be liable for any loss/damage/cost of any nature whatsoever to the Customer. The Customer understand that the Bank will take reasonable efforts to bring such suspension to the notice of the Customer via Rabo Online or any other electronic mode.

3. The Customer further agrees and confirms that the Bank may, at any time as deemed necessary, cancel or stop, partially or fully, Rabo Online Services for maintenance or for emergency to protect its systems and to protect the Customer data and in such conditions, the Bank will try as much as possible to give notification to the Customer within a reasonable period of time via Rabo Online or any other electronic mode and take measures to restore the Rabo Online Services as soon as reasonably possible.

4. The Customer confirms that if the Bank has charged a fee for Rabo Online Service which becomes unavailable due to any reason which is directly attributable to the Bank’s failure or default, the Bank will return the prorate fee to the Customer for such period during which Rabo Online Services were unavailable to the Customer. Except for this, the Bank shall have no further responsibility to the Customer.

xxII TERMINATION OF RABO ONLINE SERVICES

1. The Customer expressly agrees and confirms that the Services under these terms can be terminated by either Party by notice given to the other party in writing of at least Fifteen (15) days prior to the termination date.

2. The Customer agrees and confirms that notwithstanding above, the Bank shall have a right to forthwith terminate the Rabo Online Service for happening or occurrence of any of the events including but not limited to the following events; (a) Failure by the Customer to make, when due, any payment required to be made to the Bank under any services

or facilities including credit facilities availed by the Customer;(b) Failure by the Customer to comply with or perform any obligation under these Terms and if such failure is not

remedied on or before such number of days as notified by the Bank to the Customer;(c) A representation made or deemed to have been made by the Customer proves to have been incorrect or

misleading in any material respect when made or deemed to have been made;(d) a resolution is passed for winding-up of the Customer (other than pursuant to a consolidation, amalgamation

or merger;.(e) Customer becomes insolvent or is unable to pay its debts or fails or admits in writing its inability generally to

pay its debts as they become due;.(f ) Customer makes a general assignment, arrangement or composition with or for the benefit of its creditors;(g) any proceeding is instituted against the Customer for seeking a judgment of insolvency or bankruptcy or any

other relief under any bankruptcy or insolvency law or other similar law affecting creditor’s rights, or a petition is presented for its winding-up or liquidation, and, in the case of any such proceeding or petition instituted or presented against it, such proceedings or petition (i) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the making of an order for its winding-up or liquidation or b) is not dismissed, discharged, stayed or restrained in each case within 30 days of the institution or presentation thereof;

(h) Customer seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or in respect of all or substantially all its assets;

(i) secured party takes possession of all or substantially all the assets of the Customer or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all of the assets of the Customer and such secured party maintains possession, or any such process is not dismissed, discharged, stayed or restrained, in each case within 30days thereafter;

(j) any other analogous event not specified in clauses (a) to (i); Clauses XIV to XVIII shall survive the termination of the Rabo Online Service for any reason whatsoever.

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3. The Customer agree and understand that termination of this Rabo Online Services shall not affect either Party’s rights, obligations and liabilities existing under the provisions of these terms prior to and up to the date of such termination.

xxIII FORCE MAJEURE

1. The Customer agrees and confirms that the Bank shall not be liable for delay in performing or failure to perform any of its obligations under these Terms which is caused by circumstances beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communications and computer systems and services, war, civil unrest, government action, strikes, lock-outs or other industrial action or trade disputes (whether involving the Banks employees or those of a third party) or any Act of God or natural calamity. Any delay or failure of this kind will not be deemed to be a breach of the Terms and Conditions and the time for performance of the affected obligation will be extended by a period which is reasonable in the circumstances.

xxIV GOVERNING LAW AND JURISDICTION

1. These Terms and/or the operations in the Accounts of the Customer shall be governed by the laws of India. The Customer agree that any legal action or proceedings arising out of the Terms for Rabo Online Services shall be brought in the courts or tribunals at Mumbai in India and irrevocably submit themselves to the jurisdiction of such courts and tribunals. Customer further agrees that Bank may, however, in its absolute discretion, commence any legal action or proceedings arising out of the Terms for Rabo Online Services in any other court, tribunal or other appropriate forum, and the Customer hereby consents to that jurisdiction. Any provision of the Terms for Rabo Online Services which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction.

xxV NOTICES

1. The Customer agrees that the Bank shall be entitled to prescribe, from time to time, the form of notice (whether written or any other form) and the mode of communication with respect to each type of notice to be given pursuant to these Terms. The Customer further agrees that the Bank may also publish notices of general nature, which are applicable to all customers, on its Website located at https://secure.rabotransactasiav5.com/portal such notices will have the same effect as a notice served individually to each customer.

2. The Customer agrees and confirms that the communications delivered personally, sent by post, facsimile transmission, 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, (where sent by post) 48 hours after posting if such address is in India and seven days after posting if such address is outside India or (where sent by facsimile transmission or telex) immediately after transmitting to the facsimile number 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 its actual receipt. If any Communication is received after office hours, it shall deemed to have been received on the immediately succeeding Business Day.

3. Communications through Electronic means : The Customer understands and agrees that 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 Customer 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.

xxVI MISCELLANEOUS

1. The Customer agrees and confirms that if any provision or condition of these Terms shall be held to be invalid or unenforceable by reason of law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.

2. The Customer agrees and confirms that the Bank shall be entitled to sell, assign, securitise or transfer Bank’s right and obligations under these Terms to any person in whole or in part and in such manner and on such terms and

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conditions as the Bank may decide. Any such sale, assignment or transfer shall conclusively bind the Customer and all other persons and the Customer, its executors, administrators and successors are bound by these Terms. The Customer further agrees and confirms that the Bank may sub-contract and employ agents to carry out any of its obligations under these Terms, however, the Customer shall not be entitled to transfer or assign any of his rights and obligations hereunder Without express written consent of the Bank.

3. The Customer understands and agrees that 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/assets held in the Account(s) or in possession, whether in single name or joint name(s), to the extent of all outstanding dues, whatsoever, arising as a result of Rabo Online Services extended to and/ or used by the Customer.

4. The clause headings in these Terms are only for convenience and do not affect the meaning of the relative clause. The Customer understands that Failure by the Bank of at any time to enforce any provisions of these Terms or to require performance by the Customer of any provision of these Terms shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or any part of it or the right of the Bank to enforce any provisions in accordance with the Terms.

5. The Customer acknowledges that it has not relied on any representations made by the Bank, or any of its employees or agents and has made its own independent assessment of Rabo Online Services.

6. The Customer understands that these Terms constitute the entire understanding concerning the use of Rabo Online Services. It supersedes all previous agreements, communications, representations and discussions between the Bank and the Customer relating to Rabo Online Services.

7. Compliance with obligations towards tax authorities by the Bank.

(a) In addition to other applicable requirements to provide the Bank with information, the Customer will provide the Bank forthwith upon request with all data, correctly completed and signed forms and copies of documents and other information, and the Customer will also do all that is necessary to enable the Bank to comply with its obligations under an agreement with or other obligations towards Indian or foreign tax authorities. Any changes in the information supplied must be made known to the Bank as soon as possible in writing or in another manner to which the Bank has agreed.

(b) The Bank is also authorised to process the data on the Customer insofar as such processing is necessary to comply with its obligations under an agreement with or other obligations towards Indian or foreign tax authorities. The processing which the Bank is authorised to perform includes, among other things, the use of data on the Customer already held by the Bank, the collection and recording of data on the Customer and the transfer of data on the Customer to the Indian or foreign tax authorities.

(c) If the bank is required vis-à-vis Indian or foreign tax authorities, pursuant to an agreement or for any other reason, to withhold source tax on payments to the Customer and to pay such source tax to those tax authorities, this source tax will be for the Account of the Customer and the Bank will be authorised to deduct the source tax from the payments to the Customer, debit the Account, make a withdrawal from the Account or otherwise charge this tax to the Customer.

WE UNCONDITIONALLY AND UNEQUIVOCALLY ACKNOWLEDGE, AGREE AND ACCEPT THE TERMS For and on behalf of

Signature

Name :

Title :

Signature of Authorised Signatory of Customer

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A. COMPANY INFORMATION

B. ACCOUNTS

C. REGISTRATION OF DELEGATED USER / (S)

enrolment Form - Viewing Only


Company Name:

Delegated users are employees of the Customer who have authorisation to access RaboOnline for and on behalf of the Customer

Address:

Contact Person:

Postal Code: Telephone: Fax:

Fax:

Telephone:

Email:

Mobile:

S.No. Company Name Additional Information / Special InstructionAccount Number

Mobile

Name of the User

Preferred User ID

Email

Company Name

User 1


Mobile

Name of the User

Preferred User ID

Email

Company Name

User 2


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D. DECLARATION

E. FOR BANK USE

We assure, affirm, confirm, declare and undertake that we have read and understood the “Terms and Conditions” pertaining to and governing “RaboOnline” and we accept the same. We further assure, affirm, confirm and declare that Coöperatieve Rabobank U.A., Mumbai Branch (herein after referred to as “the Bank”) is at liberty to alter, modify, vary and amend the said terms and conditions from time to time and such altered, modified, varied and amended terms and conditions as may be published in the website of the Bank www.rabobank.com shall also be acceptable to and binding on us. A copy of the ‘Termsand conditions’ applicable to “RaboOnline” at present is attached herewith duly notifying our acceptance there of. We are fully aware of the nature of services offered by the Bank through “ RaboOnline” and the charges applicable for the same, as set forth in the Bank’s Website/Internet Banking site from time to time. We hereby undertake to adhere to all the terms and conditions of availing the “RaboOnline” services offered by the Bank as may be in force from time to time. We further authorities the Bankto debit our Account(s) towards any charges for availing the “RaboOnline” “Services”.

We declare that all the particulars and information given in this application form (and all documents referred to or provided herewith) are true, correct, complete and up-to-date in all respects and we have not withheld any information. We undertaketo provide any further information that the Bank may require from time to time.

We understand and confirm that the Bank has the discretion to reject any application for availing “RaboOnline” Services or suspend /block the “RaboOnline” services/facility provided to us pertaining to any or all of our accounts and/or withdraw the“RaboOnline” services/facilities provided to us at any time without assigning any reason whatsoever.

We authorities the Bank and / or their agents to make necessary references and enquiries with such persons/authorities as theBank/their agents may deem fit and proper in respect of or in relation to the information provided herein or any further applications made/documents produced by us. We hereby agree and authorise the Bank and / or their agents to exchange, share or part with any or all the information, data or documents relating to this application to other Banks/Financial Institutions/Credit Information Bureaus/Agencies/Statutory Bodies, etc. as the Bank or its agents may deem necessary or appropriate for use or processing of the said information/data by such agencies or furnishing of the processed information/data/products thereof to other Banks/Financial Institution/Credit providers/users registered with such agencies and we undertake not to hold the Bank or its agents liable for use of or parting with such information.We understand that we have to submit further application/s, documents and comply with such other formalities /procedures as may be prescribed by the Bank from time to time for availing other services, facilities, specific liability products etc. from the Bank.

Verified the signatures and other details furnished in the application and found correct. The Corporate is eligible for “RaboOnline” facility and it is confirmed that the Customer ID mentioned above belongs to the particular applicant.

Customer ID of the Corporate applicant: ____________________________________________________________________

S.No.

User Type


Name of User

Designation

User ID

Signature

Token Serial Number

2.

Delegated User 2

3.

1.

Delegated User 1

Branch Name:

Date:

Signature with signing power number:

User Creation

Entered By


Approved By


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terms and conditionsrabo Online View only

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terms and ConditionsRabo Online View Only


Please find the instructions for the execution of the docs and request you to arrange the following stamp paper for the execution as mentioned below:

1. The person authorized under the board resolution of the borrower should sign the documents. Please write the full name of the authorised signatory in the space provided in the signature blocks (as per the board resolution).

2. Each of the parties should initial every page and sign on the signature clause where their full signature needs to be affixed (please affix initials to any dates / information inserted by hand).

3. Please get the documents executed with a stamp duty of Rs. 600/-.4. If you are using Electronic Stamp paper then below mentioned legend will need to be affixed :

“This Non-Judicial Stamp Paper forms an integral part of Terms and Conditions applicable for availing Rabo Online Services, executed by <Company name> in favour of Coöperatieve Rabobank U.A., Mumbai Branch dated <date> “

You can find the Terms and condition document from Second page.

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Terms and Conditions applicable for availing Rabo Online Services

In consideration of Coöperatieve Rabobank U.A., Mumbai Branch, a banking organization having its principal place of business at Croeselaan 18, 3500 HG Utrecht, The Netherlands and a branch/office amongst others at 20/F, Tower A, Peninsula Business Park, Senapati Bapat Marg, Lower Parel, Mumbai – 400013, Maharashtra, India (hereinafter referred to as “Bank”) making available Rabo Online Services electronically through their network accessible over Internet to its customers, we, M/s.___________________________________________________, a company incorporated under the Companies Act, 1956/ Companies Act 2013 having our registered office at _____________________________________ and corporate office at __________________________ hereinafter referred to as ‘Customer’ (which expression shall unless repugnant to the context or meaning thereof be deemed to include our successors, administrators and assigns) hereby, unconditionally and unequivocally, state, declare, agree, acknowledge, and confirm to abide by, the following terms and conditions for availing Rabo Online Services from the Bank for carrying out online transactions:

I. DEFINITIONS

(a) ‘Account’ or ‘Account(s)’ refers to the Customer’s bank account(s), loan / facility account(s), and/or any other type of account(s), so maintained with the Bank which are eligible Account(s) for purposes of availing Rabo Online Services;

(b) ‘Affiliate’ means, in relation to a Customer, any entity directly or indirectly controlling the Customer, any subsidiary of the Customer or any entity controlled by, or under the common control of, the Customer, and any entity within the same corporate group as the Customer. For the purposes ‘control’ together with grammatical variations means, the power to direct the management and policies of such Customer, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise howsoever;

(c) ‘Authorised Signatory or Signatories’ shall mean the person(s) authorized by the Customer through a resolution passed by its Board of Directors to avail Rabo Online Services;

(d) ‘Bank’ means Coöperatieve Rabobank U.A. carrying on banking business through its branches in India;

(e) ‘Bank Administrator’ means an employee of the Bank having authority to act for and on behalf of the Bank to perform set up and authorization activities on Rabo Online Services such as creation of corporate profile and its maintenance, Delegated User creation, provision of account access to Delegated User, Delegated User administration, Corporate User setting, Mobile Application maintenance etc and to do or perform such other acts and duties as may be authorized by the Bank from time to time;

(f ) ‘Business Day’ refers to a day (other than Sunday or a public holiday) on which the Bank’s branches are generally open for business during normal banking hours;

(g) ‘Code’ means the US Internal Revenue Code of 1986;

(h) ‘Confidential Information’ means these Terms, as modified from time to time in accordance herewith and (a) any information related to it and including trade and business secrets and information regarding the business, financial status, products, services and prospects, processes and methodologies, customers and employees, and any other documentation (to the extent a reasonable person would consider such business information or other documentation as confidential) of the other Party; (b) information, reports and their form, format, mode or method of compilation, selection, configuration, presentation and expression; and (c) Personal Data of the Customer;

(i) ‘Delegated User’ means employee, officer, director or agent of the Customer who is selected and authorized by the Customer to access Rabo Online Services;

(j) ‘Enrolment Form’ is the application form provided by the Bank to the Customer for the purpose of applying for access to Rabo Online;

(k) ‘FATCA’ means:(i) sections 1471 to 1474 of the Code or any associated regulations or other official guidance;(ii) any treaty, law, regulation or other official guidance enacted in any other jurisdiction, or relating to an

intergovernmental agreement between the US and any other jurisdiction, which (in either case) facilitates the implementation of paragraph (a) above; or

(iii) any agreement pursuant to the implementation of paragraphs (a) or (b) above with the US Internal Revenue Service, the US government or any governmental or taxation authority in any other jurisdiction.

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(l) ‘FATCA Deduction’ means a deduction or withholding from a payment required by FATCA.

(m) ‘FATCA Exempt Party’ means an entity that is entitled to receive payments free from any FATCA Deduction.

(n) ‘Instruction(s)’ or ‘Authorisation’ shall mean any instruction or command or request given/ submitted for viewing the Account balances, account status and other Account related information and generation of various reports by the Delegated User using Company ID, User ID, Password and OTP;

(o) ‘Intellectual Property Rights’ means all patents and inventions; branding and trade marks; copyrights and works of authorship; trade secrets and know-how; software and algorithms; domain names and web presence; advertising and promotional material; and all tangible and intangible representations and manifestations of such intellectual property;

(p) ‘IRS’ means the US Internal Revenue Service.

(q) ‘User ID’ means a combination of characters, alphabets and/or numerals to be used to identify the Delegated User, while availing Rabo Online Services;

(r) ‘law’ or ‘laws’ includes any constitution, statute, law, rule, regulation, ordinance, judgement, order, decree, authorisation, or any published, directive, guideline, requirement or governmental restriction having the force of law, or any determination by, or interpretation of any of the foregoing by, any judicial authority, whether in effect as of the date of signing/submission of the Enrolment Form or thereafter and each as amended from time to time.

(s) ‘Mobile Application’ means Rabo Asia Authentication application designated by the Bank for use by the Delegated User that generates a random OTP for all authorisations and authentications which require use of OTP for completion of activity availed through Rabo Online Services;

(t) ‘OTP’ shall mean one time password randomly generated using Mobile Application

(u) ‘Password’ means a secret series of characters comprising letters of English alphabet and/or numeric and/or special characters that enables the authentication and verification of Delegated Users to access Rabo Online Services;

(v) ‘Personal Data’ shall mean any information categorized as sensitive personal data and information under Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as amended and includes (i) name, residential address, date and place of birth, unique identification numbers and personal identifiers such

as identity card numbers and tax identification numbers; (ii) background information (which may include but is not limited to data relating to financial background),

telephone numbers, email addresses or other contact details, information about your place of work and position/title; and

(iii) information generated in the ordinary course of a banking/financial relationship with the Bank or any member of Rabobank Group, or any other information from which the Relevant Individual can be identified, whether in electronic form or otherwise.

(w) ‘Rabo Online Services’ or “Services” means Rabo Online internet banking service portal/ Website through which internet banking services are offered by the Bank to the Customer including services 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. The availability/non-availability of a particular service shall be communicated to the Customer and/or Designated User through email, web page of the Bank or in writing as may be deemed fit by the Bank. Such Rabo Online Services may be provided by the Bank directly or through its associates or contracted service providers;

(x) ‘Rabobank Group’ shall means Bank, its direct and indirect Holding Company, any direct or indirect Subsidiary of the Bank and its Holding Company, and the head office, branches and other offices (wherever located) of any of the aforesaid companies (together or individually).

(y) ‘Relevant Individual’ includes any guarantor, security provider, manager, officer, director, employee, shareholder, beneficial owner, partner, trustee, authorised person, authorised signatory, servant, agent and representative of a Customer, or any other persons with whom such Customer has a relationship that is relevant to the Customer’s relationship with the Bank or any member of Rabobank Group or provision of services by the Bank.

(z) “Tax Compliance Obligations” means any obligations of the Bank or any member of Rabobank Group under or pursuant to FATCA.

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(aa) ‘Terms’ shall mean terms and conditions contained herein for availing Rabo Online Services, as amended, supplemented, modified from time to time;

(ab) ‘User Guide’ means compendium of instructions issued by the Bank to the Customer on the use of the Website;

(ac) ‘Website’ shall mean the world wide web portal owned, established and maintained by the Bank located at the URL https://secure.rabotransactasiav5.com/portal or such other website through which the Bank provides access to Rabo Online Services from time to time;

II INTERPRETATION

All references to singular include plural and vice versa and the word “includes” should be construed as “without limitation”.

III TERM AND SERVICES

(1) The Customer understands that the Bank shall provide, subject to these Terms, Rabo Online Services from time to time through any Website established, operated and/or maintained by, or on behalf of, the Bank and enable the Customer to give Instructions to and communicate with the Bank for the purposes of availing Rabo Online Services. The Customer understands and agrees that these Terms shall be valid with effect from the date of execution of these Terms by the Customer and shall continue unless terminated by the Customer or the Bank as per the terms contained herein.

(2) The Customer is aware that, as part of the Services, the Bank may make available via Website information and/or data supplied by any person and may provide reports compiled from information in any form, medium or means available with the Bank relating to Account, transactions undertaken in the Account or any other Account related information.

(3) The Customer agrees that the Bank shall have the right to determine and vary from time to time the scope and type of the Services to be made available including, without limitation : - (a) expanding, modifying or reducing the Services at any time; (b) imposing and varying any restrictions on the use of the Services (c) prescribing and changing the normal service hours during which the Services are available or the type of

Services available. The Customer agrees that the Bank may specify business days by reference to the time of various markets operating in different time-zones.

(d) The Customer agrees that the Bank may require the Customer to nominate or register specific Account(s) for the purposes of the Services.

IV REPRESENTATIONS AND WARRANTIES

1. Customer represents and warrants that:

(a) Customer is duly incorporated, validly existing and in good standing under the laws of its incorporation.

(b) these Terms constitute a valid, legal and binding obligation and are enforceable against the Customer in accordance with the provisions hereof;

(c) the execution and delivery of these Terms has been duly authorized and will not contravene any provisions of any law/regulation, any provision of its constitutional documents, any order or judgement of any court or other agency of government applicable to it, or constitute a default under any other agreement or instrument to which the Customer is a party;

(d) no consent, authorization, order or approval of, or filing or registration with, or notification to any court, administrative agency or commission or other governmental authority or instrumentality is required by the Customer in connection with the execution, delivery and performance of these Terms.

(e) the Customer has understood and confirmed that the Services or any marketing/promotional messages displayed as part of the Services should not be regarded as an offer or solicitation to sell investments or make deposits or solicitation to subscribe to any other product or service, to any person residing in a jurisdiction outside India, where it is unlawful to make such an invitation or solicitation.

(f ) The Customer has fully understood the risks the Customer may incur as a result of use of Rabo Online Services and to be fully responsible for those risks and further agrees to hold the Bank harmless from any claims of any parties in relation to Rabo Online Services;

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(g) The Customer represents and warrants that the Customer, and all Delegated User(s) have knowledge of internet use.

(h) The Customer hereby warrants and confirms to the Bank that it shall maintain its status at all times as a FATCA Exempt Party and the Customer shall indemnify the Bank against all actions, claims, demands, liabilities, losses, damages, costs and expenses of whatever nature, including but not limited to those resulting from: (a) its failure to become or having ceased to be a FATCA Exempt Party; (b) its failure to provide any information or updated information to the Bank or its failure to provide such information upon the Bank’s request; (c) its refusal to provide consent (in such form as may be prescribed by the Bank) to the Bank for the Bank’s disclosure or transfer of any information to the IRS, local or other foreign tax authorities, or other third parties for the purposes of the Bank’s compliance with the Tax Compliance Obligations (“Consent”); or (d) its withdrawal of any Consent previously provided to the Bank, which the Bank may suffer, incur or sustain in connection with or arising in any way as a consequence of the Bank providing Rabo Online Services to the Customer, and the Customer shall pay to or reimburse the Bank, upon demand, for any payment, loss or damage which the Bank may make or incur by reason thereof. The Customer acknowledges that it may incur certain tax liabilities as a result of the disclosure of information by or on behalf of the Bank and any member of Rabobank Group to any tax authorities, and agrees that the Bank shall not be liable for that loss.

(i) Without prejudice to the Bank’s ability to rely on any information provided to the Bank pursuant to the terms and conditions of Rabo Online Services, the Customer hereby warrants and confirms to the Bank that if it becomes aware that it is no longer a FATCA Exempt Party, or there is any material change to any forms, documentation and other information which the Customer has provided to the Bank pursuant to the terms and conditions of Rabo online Services, it shall notify the Bank in writing immediately.

V UNDERTAKINGS

1. The Customer undertakes to provide such information as the Bank may from time to time reasonably request for the purposes of providing the Services and to ensure that all information provided to the Bank, at all times, is accurate, complete and up-to-date including, without limitation, the Customer’s address and other contact details.

2. The Customer undertakes to verify and confirm any information, statement and/or report generated using Services before relying or acting on it and to seek independent professional advice on legal, tax and other issues in connection with the use of the Services, the information and the reports, which may affect the Customer under all applicable laws.

3. The Customer agrees and undertakes to promptly inform the Bank in writing of any additions/ deletions/ modifications to the Delegated Users. Such additions/deletions/modifications shall not be construed as commencement of a new contract.

4. The Customer agrees and undertakes to comply with and adhere to these Terms and act prudently, accurately and in good faith in using of Rabo Online Services.

5. The Customer undertakes that none of its related corporations shall, do anything that shall cause the Customer or any of its related corporations to be made subject to any sanctions imposed under applicable laws including but not limited to (a) Indian law, (b) the law of the Netherlands, (c) European Union laws, and (d) the laws of the United States of America;

6. The Customer undertakes that none of its related corporations shall, do anything that shall cause the Customer or any of its related corporations to directly or indirectly use the proceeds of the facilities made available by the Bank using Rabo Online Services for any purpose which would breach the Bribery Act 2010, the United States Foreign Corrupt Practices Act of 1977 or the anti-corruption laws of any jurisdictions;

7. The Customer undertakes that it shall conduct its businesses in compliance with the applicable anti-corruption laws and maintain the policies and the procedures designed to promote and achieve compliance with the anti-corruption laws of any jurisdictions; and

8. The Customer undertakes that it shall within 60 Business Days of the Bank making a request, supply the Bank with such forms, documentation and other information in relation to its status under FATCA as the Bank may request, and undertakes to provide such other assistance to the Bank as the Bank may request, for the purposes of the compliance by the Bank of the Tax Compliance Obligations and/or the obligations of the Bank (whether arising under law, regulation, contract or otherwise) to any governmental, regulatory or taxation authority of any country.

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VI GENERAL RULES ON USING RABO ONLINE SERVICES

1. The Customer understands and agrees to register immediately and activate Rabo Online as per instructions given in the User Guide and shall comply with and adhere to these Terms.

2. The Customer agrees and confirms that Delegated User shall ensure the accuracy and completeness of all data required at the time of giving command/ Instructions to the Bank. The Customer agrees that the Bank shall not be responsible for any risk that may arise out of or relating to the failure, incompleteness, unclear, or inaccuracy of Instructions/data entered.

3. The Customer further agrees that the Bank shall not be liable if the Instruction given by the Delegated User is not received correctly and /or is incomplete and/or is not in machine readable form.

4. If a Customer requests the Bank to cancel or change an Instruction, the Bank shall make reasonable efforts to meet the request. However, the Bank shall not be liable for any failure to cancel or change the Instruction, if such request is received by the Bank at a time, or in a situation causing the Bank to be unable to meet and satisfy the request.

5. The Customer agrees that the Bank may communicate with the Customer (or with other third party) via email, facsimile/fax message or any other instrument beside Rabo Online. Any advice, request, instruction or communication which is received by the Bank for providing the Services shall be in the manner indicated by the Bank from time to time. The Customer understands and confirms that the Customer admits the risks that such methods of communication could be interrupted, observed, changed or interfered by any third party. The Customer understands and further confirms that the Bank shall not be responsible to the Customer, if such risk occurs in connection with any communication between the Bank and the Customer or between the Bank and any other third party of the Bank in connection with the Services which seems to be made in the interest of the Customer, or any communication intended to be conducted by the Bank with any third party.

6. The Bank presupposes and the same is acknowledge by the Customer that the login using appropriate Company ID, User ID and Password is a valid session initiated by the Delegated User to whom said User ID has been issued. The Customer understands and agrees that the Bank shall rely upon all electronic communications, orders or messages to the Bank through Internet Banking and the Bank shall take it for granted that the originator of the communication is the Delegated User to whom the User ID/Password has been issued.

7. The Customer understands and agrees that the display or printed output that is produced by the Delegated User at the time of operation of Rabo Online Services is a record of the operation of the internet access and shall not be construed as the Bank’s record of the relative transactions. The Bank’s own records of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes.

8. The Customer agrees and confirms that any exchange rate, interest rate, dealing rate and other prices and information quoted by the Bank on the Website, or otherwise in response to an online inquiry is for reference only and is not binding. Any rate, price and information offered by the Bank for the purpose of the relevant transaction shall be binding on the Customer upon the Customer confirming his acceptance irrespective of any different rate, price or information quoted by the Bank.

9. The Customer agrees and confirms that any communication from the Bank to the Delegated User shall be deemed to have been addressed to the Customer.

VII DELEGATION AND AUTHORISATION

1. The Customer shall appoint the Delegated Users who shall be given the access to Rabo Online Services.

2. Notwithstanding anything contained herein, all Instructions received by the Bank from any of the Delegated User shall be deemed to have been properly received and approved from the Customer and shall not be open to challenge by the Customer.

3. The Customer understands that, in the event the Customer is desirous of changing the list of Delegated Users, the Customer shall be entitled to do so by giving a request to this effect to the Bank in the format and manner as required by the Bank, along with certified true copy of the board resolutions/ authorisation document. Any such change notified by the Customer to the Bank shall be effective only after 3 working days from the date of receipt of the request by the Bank and till such time the Bank shall continue to accept and carry out Instructions received from any of the Delegated Users of the Customer whose names are mentioned in the list of Delegated Users available with the Bank.

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4. The Customer agrees and confirms that, once the Bank had delivered a new User ID to the Delegated Users, the Customer shall ensure that the new appointed Delegated Users change the Password and Activate the Mobile Application subject to these Terms.

5. The Customer agrees that any and all changes in the information contained in the Enrolment Form shall be communicated by the Customer to the Bank in the manner stipulated by the Bank alongwith the accompanying documents.

VIII SECURITY OF SERVICES

1. The Customer agrees to comply with these Terms, and any other information or reasonable recommendations that may be given by the Bank to the Customer from time to time with respect to the security and maintaining confidentiality of Customer data on Rabo Online Services and the same shall be conveyed to the Customer either through Website or through any other means available to the Bank.

2. The Customer agrees to be responsible to maintain and undertakes to regularly assess security arrangement with respect to the access of Rabo Online Services, access to information stored on its computers and communication between the Bank and the Customer, and supervision of the Delegated Users.

3. The Customer understands and confirms that the Bank will take all reasonable care to ensure the security of, and to prevent unauthorized access to, Rabo Online Services using technology reasonably available to the Bank. However, the Customer acknowledges that the technology used including the internet is susceptible to a number of frauds, misuse, hacking, virus, malicious, destructive or corrupting codes, programmes or macro which could affect Rabo Online Services and this could result into delays in the processing of Instructions or failure in the processing of Instruction and any other such failures and the Bank shall not be held responsible for the same.

4. The Customer agrees and undertakes to ensure that each of the Delegated User complies with the provisions of these Terms and any security procedures mentioned or referred to, including without limitation, the security recommendations given by the Bank.

5. The Customer agrees and undertakes to ensure that Delegated Users keep User ID, Password and OTP safely and continue to keep them confidential at all times, and prevent their illegal use by taking measures including but not limited to the following:

(a) change Password assigned by the Bank, on accessing Rabo Online Services for the first time;(b) not to keep User ID and Password in writing or in any other documentation, that enables other persons to

access it;(c) not to disclose User ID and Password to any other person, including but not limited to Bank’s employees;(d) to destroy any notification from the Bank regarding the Password as soon as possible after having linked to

Rabo Online Services;(e) to choose a Password of such length or combination of letters, numbers or special characters and in such

fashion as may be required or stipulated by the Bank from time to time.;(f ) to immediately inform the Bank, if the Customer or a Delegated User believes that a third party may see or

access the Password of Delegated User;(g) to ensure that the Delegates Users change their respective Passwords regularly and does not to replace it with

the existing or used one;

(h) not to let any unauthorized person have access to the Customer’s computer and not to leave the computer unattended whilst accessing Bank Website.

6. The Customer understands and agrees that the Bank will block Delegated User’s access to Rabo Online Services, if the Delegated User enters the wrong User ID and Password combination successively for such number of times as may be notified by the Bank to the Customer from time to time. In such a case, the Delegated User will have to send a request to the Bank in a manner and format as required by the Bank for unblocking Delegated User’s access.

7. The Customer agrees to be fully responsible for any accidental or unauthorized disclosure of the User ID, Password and, OTP to any other person and shall bear the risks of User ID, Password and, OTP being used by unauthorized persons or for unauthorized purposes.

8. The Customer agrees to ensure that the or Delegated Users do not access Rabo Online from any other computer interfaced to local area network (LAN) or from an access instrument or public spot without ensuring that the computers and networks are free from viruses, spywares, or other softwares or components that shall or may harm the access or compromise the security and use of Rabo Online Services.

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9. Upon notice or suspicion of the User ID, Password and/or OTP being disclosed to, and/or the Mobile phone being lost or has otherwise come into the possession or control of any unauthorized person or any unauthorized use of the Rabo Online Services being made, the Customer and/or Delegated User agree to notify the Bank as soon as practicable by telephone, email or fax at such number, email address or fax number as the Bank may from time to time prescribe (and the Bank may ask the Customer to confirm in writing any details given) and, until the Bank’s actual receipt of such notification, the Customer agrees to remain responsible for any and all use of the Services. In case such a breach or suspected breach of security occurs, the Customer agrees to ensure that all the Delegated Users immediately change their respective Passwords.

10. The Customer agrees to comply with any proper request of assistance from the Bank and/or police, if required, in preventing any loss or identifying any security breach or any criminal act that occurs or has the potential to occur. In this case, the Bank shall be authorised by the Customer to disclose the Customer’s Confidential Information or Account details to the police or any other relevant third party, if in Bank’s opinion it helps preventing or dealing with loss, without any prior notification to the Customer.

11. If for any reason the Customer is unable to change Password, the Customer agrees to immediately notify the Bank, failing which, any transaction instruction and communication made from using User ID and Password by unauthorised party shall be the responsibility of the Customer.

12. If there is any misuse of User ID, Password and Mobile Application, the Customer agrees to be solely responsible or any consequences which may arise and to indemnify the Bank against any liability, cost or damages incurred or suffered by the Bank arising out of claims or suits by any person.

13. If the Customer suspects any impropriety on the part of any Delegated User with respect to Rabo Online Services and/or Delegated User leaves the services of the Customer, then the Customer shall ensure that the Delegated User do not continue to have access to Rabo Online Services even after leaving the services of the Customer and that the Customer shall take steps to replace or appoint new Delegated User.

14. The Customer confirms and agrees that in case the Delegated User forgets Password, the Delegated User will request for a new Password in the manner and format as may be stipulated by the Bank.

15. In case of an unintended termination of a valid session due to break in internet connectivity, it is suggested that the Delegated User Login afresh and verify the status of last requested transaction and ensure that is has been recorded successfully and correctly.

16. The Customer understands that the Bank, Indian Banking Association, Reserve Bank of India or any other regulators will never ask the Customer to divulge the User ID, Password or other personal credentials through email or other means. The Customer agrees that if the Customer divulges such details, the Bank or the Reserve Bank of India will not be held responsible for any loss that the Customer may incur/have incurred due to the Customer’s actions.

17. The Customer agrees to indemnify and keep the Bank indemnified from time to time from and against all claims, actions, proceedings, costs, losses and damage of any kind (including actual attorney fees and costs) which the Bank may suffer or incur or likely to suffer or incur as a result of the Bank acting on any Customer Instruction in accordance with these Terms, or as a result of any failure on the part of the Customer and/or the Delegated User, to comply with the duties under these Terms.

Ix CONFIDENTIALITY

1. The Customer acknowledges and agrees that the Confidential Information are trade secrets and confidential and proprietary property of the Bank, any member of Rabobank Group or its vendors and unless expressly permitted under these Terms, the Customer shall not attempt to:

(a) sell, transfer, disclose, assign, convey, sub-license, share, distribute, transmit, broadcast, 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;

(b) remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing with the Confidential Information including, without limitation, any trademark or copyright notice; or

(c) incorporate or combine the Confidential Information with any other programmes.

(d) decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete, change, modify, improve or in any way tamper with, or gain access to, any part of the Services or Website or any software comprised in them.

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2. The Customer understands that the restrictions on disclosure shall not apply to any Confidential Information where its disclosure is compelled by law but only to the extent required by law and only after written notice of the requirement to disclose has been given by the Customer to the Bank; or where the Bank has expressly agreed in writing to its disclosure.

3. The Customer understands that the Bank will take reasonable care to ensure that the information about the Customer which is stored or transmitted using the Services remains confidential and is not disclosed to any third parties without the Customer’s written permission. However, the Customer unequivocally agrees and authorizes the Bank to disclose or share information about the Customer, its Account, transactions, Personal Data and/or Delegated Users to:

(a) any agent, contractor or third party service provider who provides services to the Bank in connection with the operation of the Bank business;

(b) any other members of Rabobank Group in case the Bank considers such disclosure of information necessary for service effectiveness of Rabo Online Service;

(c) where the Bank is obliged to comply with the orders of courts, government agencies or other lawful authorities anywhere in the world or where the Bank reasonably thinks it necessary in order to give effect to any Instruction or generally to enable the Bank to provide the Services. The Customer further agrees to indemnify and hold the Bank harmless from all costs, penalties, damages and other losses incurred as the result of any breach of this provision;

(d) to other institutions, such 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 recognised credit scoring agencies, or for fraud prevention purposes;

(e) to banks / financial institutions / credit bureaus / agencies/participation in any telecommunication or electronic clearing network as may be required by law or customary practice and shall not hold the Bank liable for use or disclosure of this information.

(f) to the disclosure of confidential data provided by it to the Bank for the purpose of enabling the Bank and any member of the Rabobank Group to comply with any Tax Compliance Obligations.

(g) any member of the Rabobank Group (including their employees, directors and officers, agents, contractors, third party service providers, auditors, legal and other professional advisers, wherever located);

(h) any person to whom disclosure of Customer information is necessary in order for the Rabobank Group to validly effect, manage, administer and/or enforce any services or transactions requested or authorised by the Customer;

(i) any person with whom the Bank or any member of the Rabobank Group enters into any contractual or other arrangement in relation to any of the services and facilities the Bank or any member of the Rabobank Group provides or proposes to provide to the Customer including, without limitation, any guarantors, sureties, third party security providers and/or third party service providers;

(j) any custodial, agent or broker to whom the Rabobank Group delegates any of its duties, functions or obligations under any of the agreements with the Customer or Relevant Individuals in accordance with the terms and conditions contained therein;

(k) any agents, contractors, sub-contractors, data processors, service providers or associates of any member of the Rabobank Group (including their employees, directors and officers, agents, contractors, third party service providers, auditors, legal and other professional advisers);

(l) any Authorities (including their agents, associates or affiliates);

(m) any financial institutions, credit reference agencies or credit bureaus;

(n) debt collection agencies (in the event of default);

(o) any member of the Rabobank Group, agents, brokers, exchanges, markets, clearing house, depositaries, swap or trade repository, or anyone acting on their behalf;

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(p) any party involved in any actual or proposed business transfer, disposal, merger, assignment, participation or acquisition by the Bank or any member of the Rabobank Group;

(q) any person or entity under a duty of confidentiality to the Bank or a member of the Rabobank Group, wherever located; and

(r) any other person, with the Customer’s prior written consent.

4. The Customer agrees that Bank and/or any member of Rabobank Group or their contractors may hold and process its information and all other information concerning Account(s) on computer or otherwise in connection with the Website as well as for analysis, credit scoring and marketing.

x ACCURACY OF INFORMATION

1. The Customer understands that the information provided to the Customer by the Bank through the Website is not updated continuously but at a regular intervals. Consequently, any information supplied to the Customer through Website will pertain to the date and time when it was last updated and not as the date and time when it is supplied to the Customer. The Customer agrees and confirms that the Bank shall not be liable for any loss, damage of reputation that the Customer may suffer by relying on or acting on such information.

2. If the Customer notices an error in the Account information supplied to it through Website or by the use of any of the Rabo Online Services, it shall advise the Bank as soon as possible.

xI RULES ON USE OF MOBILE APPLICATION

1. By installing Mobile Application and accepting the terms and conditions, Customer hereby agrees that the Delegated User shall use the randomly generated One Time Password (OTP) displayed on the Mobile Application downloaded and installed by the Delegated User on his/her mobile phone for all authorisations and authentications which requires use of OTP for completion of activity availed through Rabo Online Services. Any such action performed by the Delegated User using the OTP will be binding upon the Customer. The OTP displayed on the Mobile Application will remain valid for one transaction only and for a period of 60 Seconds and shall lapse thereafter and the Delegated User is required to re-generate the OTP again using the Mobile Application in the Delegated User’s mobile phone.

2. The Bank does not assume any responsibility whatsoever in case of failure by the Delegated User to correctly enter the OTP. The Bank further does not assume any responsibility whatsoever in case the Delegated User discloses the OTP to any other person.

3. The Bank is not responsible for any failure in the transaction on account of any problem with the Delegated User’s mobile phone network or any other issue in the mobile phone or the SIM card of the Delegated User, over which the Bank has no control including but not limited to cloning of the SIM card or unauthorized access of the Delegated User’s mobile phone through hacking or otherwise.

4. The Delegated User will receive password for activating Mobile Application on his/her email address registered with the Bank. The Delegated User shall keep the his/ her mobile phone or SIM card active, safe and in his/her possession at all times. The Delegated User shall not allow the use of his / her mobile phone, SIM card, or his/her email address by any other person which will allow other person to access the Mobile Application and use the OTP.

5. In case of any loss or theft of the Delegated User’s mobile phone and/or or SIM card, the Delegated User shall de-register or block such a mobile phone and/or the SIM card with its service provider on an urgent and immediate basis. The Delegated User shall also inform the Bank of such a loss or theft so that his registration as a Delegated User can be suspended till the time the Delegated User or Customer requests for restoration of the registration. The Bank shall not be responsible for any unauthorized use of the mobile phone or SIM card on account of such loss or theft. The Delegated User is obligated to keep the mobile phone and the data therein and usage thereof confidential at all times and shall ensure that the mobile phone and the data therein is not shared with any other person under any circumstances which would compromise the security of internet banking services. The Delegated User shall not create a copy or duplicate of the data in the mobile phone or save such data except for the purposes of using the same as permitted or required by the Bank.

6. If the Delegated User de-registers or uninstalls the Mobile Application from the mobile phone, the Delegated User and Customer understand and agree that Delegated User will not be able to use the internet banking services.

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xII LIABILITY OF THE CUSTOMER

1. The Customer shall be liable and responsible for all consequences arising from or in connection with use of the Rabo Online Services (including, without limitation, the use of Mobile Application by the Delegated Users of the Customer) and/or access to any information or report or any other information as a result of such use by the Customer or any other person whether or not authorized.

2. The Customer understands that the permission given by the Bank to access Rabo Online Services shall not deem to convey any Intellectual Property Rights. The Customer agrees that all right, title and interest in and relating to the Confidential Information and any and all related Intellectual Property Rights are and shall remain the exclusive property of the Bank. No right, title or interest other than the right to access the information and the reports subject to these Terms is granted or transferred to the Customer.

3. The Customer shall not transmit any materials or information through Website which are or may be offensive, indecent and defamatory or which may not be lawfully disseminated under applicable laws or which contains any viruses, malicious code or damaging components.

4. The Customer shall use Rabo Online Services in conformity with all applicable laws, rules and regulations (as applicable to the Customer whether pertaining to India or any other country).

xIII RIGHTS OF THE BANK AND LIMITATION OF LIABILITY

1. The Customer agrees and confirms that the Bank may suspend any service provided to the Customer under the Rabo Online Services without notice where the Bank considers it necessary or advisable to do so, for example to protect the Customer when there is a suspected breach of security or the bank need to suspend the Rabo Online Services for maintenance or other reasons. The Customer confirms that the Bank does not warrant that access to the services shall be uninterrupted, timely, or error free. The Customer understands that the Bank will use reasonable efforts to inform the Customer without undue delay through the Rabo Online Services.

2. The Customer agrees and confirms that unless due to the gross negligence or willful default of the Bank, any member of Rabobank Group or their respective officers or employees, and only to the extent of direct loss and damage (if any) arising directly and solely there from, neither the Bank nor any member of Rabobank Group assumes any liability or responsibility to the Customer or any other person for the consequences arising from or in connection with:-

(a) use of the Services (including, without limitation, the use of the Mobile Application) and/or access to any information;

(b) any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Rabo Online Services (including, without limitation, any interruption, interception, suspension, delay or failure to generate OTP using the Mobile Application), in transmitting instructions or information relating to the Rabo Online Services or in connecting with the Website caused by any acts, omissions or circumstances beyond the reasonable control of the Bank including, without limitation, failure of any communication network, act or omission of any third party service providers, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or government order (whether or not having the force of law); and

(c) transmission and/or storage of any information and/or data relating to the Customer, the Rabo Online Services and/or transactions or dealings conducted by the Customer pursuant to the Rabo Online Services through or in any system, equipment or instrument of any communication network provider.

xIV INDEMNITY

1. Further, the Customer undertakes to indemnify, defend and hold harmless the Bank and any member of Rabobank Group, its directors and employees, representatives, agents against any claim, suit, action or other proceeding brought against the Bank and any member of Rabobank Group, its directors and employees, representatives, agents, by a third party, to the extent that such claim, suit, action of other proceeding brought against the Bank, its directors and employees, representatives, agents, and any member of Rabobank Group is based on or arises out of or in connection with or in relation to:

(a) violation of any of these Terms contained herein by the Customer;

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(b) any deletions, additions, insertions or alterations to, or any unauthorized use of, Website by the Customer; including, without limitation, the use of the Mobile Application

(c) any misrepresentation or breach of representation or warranty made by the Customer contained herein; or (d) breach of any covenant or obligation to be performed by the Customer hereunder.


3. The Customer hereby agrees that the Bank’s or any member of Rabobank Group aggregate liability for claims relating to use of Rabo Online Services, whether for breach in tort (including but not limited to negligence) shall be limited to the transaction charges/fees or consideration paid by the Customer within the previous twelve (12) calendar months.

xV FEES, ADDITIONAL PROVISIONS AND AMENDMENTS

1. The Customer agrees to pay fees for availing Rabo Online Services as determined and notified by the Bank to the Customer from time to time, Customer shall be solely responsible for the payment of all present and future central, state and local taxes or levies by whatever name called, as may become due and applicable in relation to the Rabo Online Service. The Customer agrees that the Bank is entitled to recover such fees/costs by debit to the Account of the Customer.

2. The Customer agrees that the Bank may amend fees and costs relating Rabo Online Services and shall inform the Customer about such costs/ fees and its effective date.

3. The Customer understands that in case the Bank introduces a new service or product on Rabo Online, the Customer shall be subject to such additional terms governing the new service or product, as may be stipulated by the Bank.

4. The Customer agrees and confirms that the Bank may revise terms and/or introduce additional terms and conditions at any time and from time to time. Any revision and/or addition to these terms shall become effective subject to the Bank giving reasonable notice to the Customer which may be given by posting it on the Website or by display, advertisement or other means as the Bank thinks fit, and shall be binding on the Customer if the Customer continues to maintain or use the Rabo Online Services on or after the effective date.

xVI RIGHT TO ALTER THE RABO ONLINE SERVICES AND THESE TERMS

The Customer understands and unconditionally agrees that the Bank reserves the right to add, amend, revise, suspend or cancel in whole or in part any of the Rabo Online Services available through the Website, and will make best efforts to provide appropriate notice to the Customer. Any addition, revision, amendment, cancellation or suspension of the terms as notified on the Website may be made by the Bank, by causing a notice of the same to be posted on the Website or by display, advertisement or other means as the Bank thinks fit and the Customer shall be deemed to have accepted the same in the event Customer continues to maintain or avail Rabo Online Services on or after effective date of addition, revision, amendment, cancellation etc. The Customer understands and agrees that the Bank may introduce new services in relation to the Website from time to time. The Customer understands and agrees that the existence and availability of the new Rabo Online Services will be notified on the Website, as and when they become available.

xVII TAxES

1. The Customer understands and agrees that all payments due to the Bank arising under or in respect these Terms will be made free of any deduction or withholding for or on account of any tax, unless such deduction or withholding is required by any applicable law.

2. The Customer understands that, upon becoming aware that it must make a FATCA Deduction (or that there is any change in the rate or the basis of a FATCA Deduction), promptly notify the Bank on becoming so aware in respect of a payment payable to the Bank. The Customer agrees that the Bank may make any FATCA Deduction it is required by FATCA to make and any payment required in connection with that FATCA Deduction, and the Bank shall not be required to increase any payment in respect of which it makes such a FATCA Deduction or otherwise compensate the Customer for that FATCA Deduction. The Bank shall use reasonable efforts to notify the Customer promptly if it becomes aware that it is required to make a FATCA Deduction in respect of a payment to the Customer.

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xVIII PENAL INTEREST

1. The Customer agrees that the failure to pay any charges/fees (including applicable taxes) on or before the specified date/ due date will render Customer liable for payment of interest at Bank’s Marginal Cost of Funds Based Lending Rate (MCLR) plus 200 basis point per annum on the defaulted amount from its due date till payment.

xIx DISCLAIMER OF WARRANTIES

1. The Customer expressly agrees that use of the Website at its sole risk. The Website is provided on an “as is” and “as available” basis and the bank:

(a) 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 relation to Rabo Online Services;

(b) does not warrant that access to the Website and Rabo Online Services shall be uninterrupted, timely, secure, or error free or that any identified error will be corrected; nor does it make any warranty as to the results that may be obtained from the Website or use, accuracy or reliability of Rabo Online Services; and

(c) will not be liable for any virus that may enter the Customer’s system as a result of using the Rabo Online Services.

(d) shall not be liable for any computer/ cyber crimes such as hacking and shall not be liable for any unauthorized transactions and/or any transactions carried out by using illegal and fraudulent methods.

2. These Terms are in addition to any other Terms applicable to the product and services to the Customer or general terms and conditions applicable to the Account.

xx ACCESS SUSPENSIONS AND SERVICE INTERFERENCES

1. The Customer agrees and confirms that access to Rabo Online shall be suspended by the Bank in case:

(a) Delegated User enter wrong User ID and Password combination and OTP successively for the number of times as may be notified by the Bank to the Customer from time to time;

(b) the Customer does not agree to the transaction tariff or the administrative fee determined by the Bank;(c) receipt of notification from the Customer regarding any suspicion or identification of User ID , Password and

Mobile Application by unauthorized parties;(d) the Customer breaches any of the terms contained herein;

2. The Customer further agrees and confirms that the Bank shall be entitled to suspend Rabo Online or stop temporarily for a certain period of time as determined for the purpose of renewal, maintenance or any other purposes for any reasons deemed appropriate by the Bank, and for that reason, the Bank shall not have obligations to be responsible to any party be liable for any loss/damage/cost of any nature whatsoever to the Customer. The Customer understand that the Bank will take reasonable efforts to bring such suspension to the notice of the Customer via Rabo Online or any other electronic mode.

3. The Customer further agrees and confirms that the Bank may, at any time as deemed necessary, cancel or stop, partially or fully, Rabo Online Services for maintenance or for emergency to protect its systems and to protect the Customer data and in such conditions, the Bank will try as much as possible to give notification to the Customer within a reasonable period of time via Rabo Online or any other electronic mode and take measures to restore the Rabo Online Services as soon as reasonably possible.

4. The Customer confirms that if the Bank has charged a fee for Rabo Online Service which becomes unavailable due to any reason which is directly attributable to the Bank’s failure or default, the Bank will return the prorate fee to the Customer for such period during which Rabo Online Services were unavailable to the Customer. Except for this, the Bank shall have no further responsibility to the Customer.

xxI TERMINATION OF RABO ONLINE SERVICES

1. The Customer expressly agrees and confirms that the Services under these terms can be terminated by either Party by notice given to the other party in writing of at least Fifteen (15) days prior to the termination date.

2. The Customer agrees and confirms that notwithstanding above, the Bank shall have a right to forthwith terminate the Rabo Online Service for happening or occurrence of any of the events including but not limited to the following events;

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(a) Failure by the Customer to make, when due, any payment required to be made to the Bank under any services or facilities including credit facilities availed by the Customer;

(b) Failure by the Customer to comply with or perform any obligation under these Terms and if such failure is not remedied on or before such number of days as notified by the Bank to the Customer;

(c) A representation made or deemed to have been made by the Customer proves to have been incorrect or misleading in any material respect when made or deemed to have been made;

(d) a resolution is passed for winding-up of the Customer (other than pursuant to a consolidation, amalgamation or merger;.

(e) Customer becomes insolvent or is unable to pay its debts or fails or admits in writing its inability generally to pay its debts as they become due;.

(f ) Customer makes a general assignment, arrangement or composition with or for the benefit of its creditors;(g) any proceeding is instituted against the Customer for seeking a judgment of insolvency or bankruptcy or any

other relief under any bankruptcy or insolvency law or other similar law affecting creditor’s rights, or a petition is presented for its winding-up or liquidation, and, in the case of any such proceeding or petition instituted or presented against it, such proceedings or petition (i) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the making of an order for its winding-up or liquidation or b) is not dismissed, discharged, stayed or restrained in each case within 30 days of the institution or presentation thereof;

(h) Customer seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or in respect of all or substantially all its assets;

(i) secured party takes possession of all or substantially all the assets of the Customer or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all of the assets of the Customer and such secured party maintains possession, or any such process is not dismissed, discharged, stayed or restrained, in each case within 30days thereafter;

(j) any other analogous event not specified in clauses (a) to (i); Clauses XIII to XVII shall survive the termination of the Rabo Online Service.

3. The Customer agree and understand that termination of this Rabo Online Services shall not affect either Party’s rights, obligations and liabilities existing under the provisions of these terms prior to and up to the date of such termination.

xxII FORCE MAJEURE

1. The Customer agrees and confirms that the Bank shall not be liable for delay in performing or failure to perform any of its obligations under these Terms which is caused by circumstances beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communications and computer systems and services, war, civil unrest, government action, strikes, lock-outs or other industrial action or trade disputes (whether involving the Banks employees or those of a third party) or any Act of God or natural calamity. Any delay or failure of this kind will not be deemed to be a breach of the Terms and Conditions and the time for performance of the affected obligation will be extended by a period which is reasonable in the circumstances.

xxIII GOVERNING LAW AND JURISDICTION

1. These Terms and/or the operations in the Accounts of the Customer shall be governed by the laws of India. The Customer agree that any legal action or proceedings arising out of the Terms for Rabo Online Services shall be brought in the courts or tribunals at Mumbai in India and irrevocably submit themselves to the jurisdiction of such courts and tribunals. Customer further agrees that Bank may, however, in its absolute discretion, commence any legal action or proceedings arising out of the Terms for Rabo Online Services in any other court, tribunal or other appropriate forum, and the Customer hereby consents to that jurisdiction. Any provision of the Terms for Rabo Online Services which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction.

xxIV NOTICES

1. The Customer agrees that the Bank shall be entitled to prescribe, from time to time, the form of notice (whether written or any other form) and the mode of communication with respect to each type of notice to be given pursuant to these Terms. The Customer further agrees that the Bank may also publish notices of general nature, which are applicable to all customers, on its Website located at https://secure.rabotransactasiav5.com/portal such notices will have the same effect as a notice served individually to each customer.

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2. The Customer agrees and confirms that the communications delivered personally, sent by post, facsimile transmission, 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, (where sent by post) 48 hours after posting if such address is in India and seven days after posting if such address is outside India or (where sent by facsimile transmission or telex) immediately after transmitting to the facsimile number 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 its actual receipt. If any Communication is received after office hours, it shall deemed to have been received on the immediately succeeding Business Day.

3. Communications through Electronic means : The Customer understands and agrees that 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 Customer 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.

xxV MISCELLANEOUS

1. The Customer agrees and confirms that if any provision or condition of these Terms shall be held to be invalid or unenforceable by reason of law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.

2. The Customer agrees and confirms that the Bank shall be entitled to sell, assign, securitise or transfer Bank’s right and obligations under these Terms to any person in whole or in part and in such manner and on such terms and conditions as the Bank may decide. Any such sale, assignment or transfer shall conclusively bind the Customer and all other persons and the Customer, its executors, administrators and successors are bound by these Terms. The Customer further agrees and confirms that the Bank may sub-contract and employ agents to carry out any of its obligations under these Terms, however, the Customer shall not be entitled to transfer or assign any of his rights and obligations hereunder Without express written consent of the Bank.

3. The Customer understands and agrees that 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/assets held in the Account(s) or in possession, whether in single name or joint name(s), to the extent of all outstanding dues, whatsoever, arising as a result of Rabo Online Services extended to and/ or used by the Customer.

4. The clause headings in these Terms are only for convenience and do not affect the meaning of the relative clause. The Customer understands that Failure by the Bank of at any time to enforce any provisions of these Terms or to require performance by the Customer of any provision of these Terms shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or any part of it or the right of the Bank to enforce any provisions in accordance with the Terms.

5. The Customer acknowledges that it has not relied on any representations made by the Bank, or any of its employees or agents and has made its own independent assessment of Rabo Online Services.

6. The Customer understands that these Terms constitute the entire understanding concerning the use of Rabo Online Services. It supersedes all previous agreements, communications, representations and discussions between the Bank and the Customer relating to Rabo Online Services.

7. Compliance with obligations towards tax authorities by the Bank.

(a) In addition to other applicable requirements to provide the Bank with information, the Customer will provide the Bank forthwith upon request with all data, correctly completed and signed forms and copies of documents and other information, and the Customer will also do all that is necessary to enable the Bank to comply with its obligations under an agreement with or other obligations towards Indian or foreign tax authorities. Any changes in the information supplied must be made known to the Bank as soon as possible in writing or in another manner to which the Bank has agreed.

(b) The Bank is also authorised to process the data on the Customer insofar as such processing is necessary to comply with its obligations under an agreement with or other obligations towards Indian or foreign tax authorities. The processing which the Bank is authorised to perform includes, among other things, the use of

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data on the Customer already held by the Bank, the collection and recording of data on the Customer and the transfer of data on the Customer to the Indian or foreign tax authorities.

(c) If the bank is required vis-à-vis Indian or foreign tax authorities, pursuant to an agreement or for any other reason, to withhold source tax on payments to the Customer and to pay such source tax to those tax authorities, this source tax will be for the Account of the Customer and the Bank will be authorised to deduct the source tax from the payments to the Customer, debit the Account, make a withdrawal from the Account or otherwise charge this tax to the Customer.

WE UNCONDITIONALLY AND UNEQUIVOCALLY ACKNOWLEDGE, AGREE AND ACCEPT THE TERMS

For and on behalf of

Signature

Name :

Title :

Signature of Authorised Signatory of Customer

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kYC for user

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Know Your Customer (KYC) Form for Delegated User

KYC Documents to be submitted along with this form (any one document)

Role : View Only Maker Authoriser

kYC for user


Company Name :

Full Name :

Designation :

Mobile: Fax :

Email:

Identity Proof: Identity Proof:

Passport Latest Telephone Bill

PAN Card Bank Account Statement

Voter’s Identity Card Letter from any recognisedpublic authorityDriving LicenseLatest Electricity Bill

Any other Identity Card (subject toBank’s Satisfaction) Ration Card

Mr. / Ms. Signature:

Photograph(Please signacross the

Photograph)

Note: This form is to be obtained only for those Delegated Users of RaboOnline whose KYC documents are not already with the bank

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