Terms and Conditions & Privacy Policy for Canara Bank BHIM Aadhaar POS Mobile Application

Definitions: The following words and expressions shall have the corresponding meanings wherever appropriate.

Definitions	Meanings
Bank	Shall mean Canara Bank or Successor or assign.
Application	Shall mean Bank’s Mobile Application.
MuBAP	Merchant under BHIM Aadhaar POS.
BHIM Aadhaar POS	Shall mean Mobile Application designed and developed by Canara Bank for offering various Services to Merchant.
Mobile Phone Number	Shall mean the Mobile number of the Merchant by Which he/she is registered under BHIM Aadhaar POS.
Mobile Phone	Shall mean mobile which will be integrated with a STQC certified portable finger print scanner Complaint with UIDAI and STQCI standards.
UIDAI	Shall mean Unique Identification Authority of India.
Customer	Shall mean those persons with whom MuBAP are carrying out their business.
Aadhar Number	Shall mean number issued to Customer by UIDAI.
Account	Shall mean Account of Merchant with Bank’s Branch.

Applicability of Terms and Conditions for Bhim Aadhaar POS Application:

By activating this Application, Merchant shall be deemed to have fully understood and accepted the terms and conditions set out here which shall form a binding contract between Merchant and Bank. The Merchant undertakes to comply with all such terms and conditions. These terms and conditions shall be in addition to and not in derogation of any other terms and conditions relating to any account of the Merchant and/or the respective product or the service provided by the Bank unless otherwise specifically stated.

General Business Rules Governing BHIM Aadhaar POS:

1. Any change in the business rules of any of the processes related to this Application will be notified on Bank's website www.canarabank.com which will be construed as sufficient notice to the MuBAP.

2. MuBAP shall not receive any payment in cash or cheque from a customer in respect of a transaction effected through BHIM Aadhaar POS.

3. MuBAP shall not accept the Aadhaar for the purpose of settlement of any past debt due to the MuBAP either from the Aadhaar holder concerned or from anyone else.

4. MuBAP shall ensure that only BHIM Aadhaar POS transactions are processed under this agreement and no business correspondent transactions are given effect to.

5. MuBAP should not permit the use of Aadhaar with the MuBAP, if the Aadhaar holder is a member of Staff/household/partner of the same MuBAP without prior approval of the Bank in respect of each such transaction.

6. MuBAP shall allow normal discount, if any offered, to the customers even if he uses Aadhaar for the purchase.

7. MuBAP shall inform the bank in writing about the intention to close the shop or about cessation of activities or about change of ownership, any change of business, address, account details, contact details – Phone number, mobile number, email id etc.

8. Bank shall not be liable for the misconduct on the part of the MuBAP or Customer.

9. Only counter sales are permitted against acknowledgement by Customer for receipt of goods purchased in good condition and / or services availed.

10. It shall be the Bank's endeavour to give a reasonable notice for withdrawal or termination of the facility, but the Bank may at its discretion withdraw temporarily or terminate the facility, either wholly or partially, anytime without giving prior notice to the customer. The facility may be suspended due to maintenance or repair work or any breakdown in the Hardware/ Software for BHIM Aadhaar POS, any emergency or for security reasons without prior notice and the Bank shall not be responsible for any loss/damage to the Merchant.

11. It shall be lawful for the Bank employees, officers, executives and nominees during the continuance of this agreement to enter into or open the place or premises of the MuBAP to inspect, superintend working of the Finger print scanner and/or to conduct servicing/repairs in the circumstances when the Bank shall deem it necessary either on their own or upon requisition of the MuBAP or to remove the Finger print scanner or any part thereof for replacement or otherwise. For all such purposes the MuBAP shall provide free access to the authorised officials of the Bank employees, officers, executives and nominees and provide all necessary instance at its disposal.

CONFIDENTIALITY:

1. In this Arrangement the term “Confidential Information” shall mean any information shared by the Bank under this arrangement. MuBAP shall hold all such confidential information in strict confidence and shall not disclose such data or information to any third person without the prior written approval of the Bank. MuBAP undertakes that the data or information obtained by virtue of this Arrangement shall not be used for any other purpose without the approval of the Bank.

2. MuBAP shall take all necessary steps to protect the data and Information from any unauthorised or inadvertent use. On noticing any such unauthorised or inadvertent use or disclosure, MuBAP shall immediately provide notice of the same in writing to the Bank and shall assist the Bank in remedying such unauthorised or inadvertent use or disclosure.

3. The Bank shall be deemed the owner of all the data and information, unless otherwise specified, disclosed by it or its representative to the MuBAP hereunder, including without limitation all intellectual properties, proprietary rights and interests therein and the Detective Agency acknowledges and agrees that nothing contained in this Agreement shall be construed as granting any rights to the recipient, by licence or otherwise in or to any data or Information.

4. MuBAP agrees that any disclosure of any data or Information prohibited herein or any breach of the provisions herein may result in an irreparable injury and damage to the Bank, where in such an event, without prejudice to the other suitable legal remedies against, the Bank will also have the right to claim adequate pecuniary compensation from MuBAP. In addition, in the event of disclosure of any data or Information prohibited herein or dishonest use of such Confidential Information, the Bank may hold the MuBAP liable for criminal breach of trust.

5. The provisions under this Clause shall survive this Agreement.

6. Provided that the Confidentiality Clause may not be applied to the data or information which

(i) was available in the public domain at the time of such disclosure through no wrongful act on the part of MuBAP.

(ii) is received by MuBAP without the breach of this Agreement.

(iii) is required by law or regulatory compliance to disclose to any third person.

(iv) is explicitly approved for release by written authorization of the Bank.

COMPLIANCE OF INFORMATION TECHNOLOGY ACT, 2000

MuBAP shall at all times, comply with the provisions contained in the Information Technology Act,2000 and the statutory rules framed thereunder., from time to time, in so far as the same has application to its operations in accordance with this agreement, and also with all other laws, rules and regulations, whether already in force or which may be executed any time in future, pertaining to data security and management, data storage, sharing and data protection.

COMPLIANCE WITH THE PROVISIONS OF AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICES) ACT, 2016

MuBAP shall not, in any event, store the Aadhaar personal identity data of the Aadhaar card holder. MuBAP agrees that the logs and other data maintained by it shall not be shared with any other individual or entity and that this storage of the logs maintained by it shall comply with all the relevant laws, rules and regulations.

Summery of BHIM Aadhaar POS Application:

“BHIM Aadhaar Canara Bank” is an application of Canara Bank. By downloading this application, you agree to terms and conditions of this Privacy Policy given by the application. We will not be able to on-board you in case you are not in agreement with the terms and condition. By mere use of BHIM Aadhaar Canara Bank application, you expressly consent to our use and disclosure of your personal information in accordance with the Privacy Policy. This Privacy Policy is incorporated into and subject to terms and conditions.

BHIM Aadhaar PoS / BHIM Aadhaar Pay/ Aadhaar pay has been conceived by Govt. of India (GoI), Ministry of Electronics and Information Technology (MeitY) as an extension of Financial Inclusion to on-board small traders/Merchants to accept digital payments.

The product works on the AePS platform. Merchant has to login from Biometric Authentication through Merchant aadhaar number issued and stored on UIDAI (Unique identification authority of India).

Collection of Personally Identifiable Information and Other Information:

When you use our application, we collect and store your personal information provided by you from time to time. You may please note that it is mandatory to register yourself in order to use the app.

We collect information such as a Aadhaar Number, Merchant Name, Mobile Number, Date of Birth, Pin Code, e-mail address, Gender, User Id, Password, Residential/Permanent address of the Merchant, Merchant Pan No, MCC (Merchant Category Code), Bank Name, Branch Name, Account Number, IFSC Code etc, from you when you register with us to create your unique registration identification that is/ shall be made available to us.