Malda District Central Coop Bank Ltd
মালদা জেলা কেন্দ্রীয় সমবায় ব্যাঙ্ক লিঃ
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Terms of Service (Terms & Conditions)
1. DEFINITIONS
In these Terms of Service (Terms & Conditions), unless the context indicates otherwise, the following words
and phrases shall have the meanings indicated against them:
“Malda District Central Co-Operative Bank Ltd”, a “District central Co-operative Bank” within the meaning
assigned in clauses (e) and (h) of Section 2 of the Reserve Bank of India Act, 1934,and in clause (u) of Section
2 of the National Bank for Agriculture and Rural Development Act, 1981, registered under Cooperative
Societies Act, 1912 and deemed to be registered under the West Bengal Cooperative Societies Act, 2006 and
Cooperative Credit Structure Entity in terms of Section 134B of the said Act, hereinafter referred to as
“MDCCB”
"Account(s)" shall mean any one or more accounts held and/or facilities provided to the Customer by MDCCB
including but not limited to savings accounts, current accounts, term deposits or such other accounts and/or
facilities as may be determined by MDCCB from time to time, for which the Facility is being offered or may be
offered in future.
"Alert(s)" means the customized messages sent to the Mobile Phone Number as an SMS in response to the
triggers set by the customer.
"Push Facility" shall mean the service provided by MDCCB wherein a customer can obtain specific
information to the customer’s Account on the customer's mobile phone number.
"Customer" shall mean a customer of MDCCB or any person who has applied for any product/service of
MDCCB.
"MDCCB Contact Number" refers to the number/s provided by MDCCB to its Customers for availing of
Request/Pull Facility or such other facilities which may be availed of through the MDCCB Contact Number, as
communicated by MDCCB from time to time.
"Service" or "Facility" shall mean mobile banking facility (which provides the Customers, services such as
information relating to Account(s), details about transactions and such other services as may be provided on
the Mobile Phone Number by MDCCB, from time to time.
"MDCCB 24-Hour Customer Care Centre" refers to MDCCB - phone banking service provided by MDCCB to its
Customers.
"Registered Mobile Number (RMN)" shall mean the number registered/provided by the Customer in writing
(either through a printed form provided by MDCCB or otherwise), or through ATM, website, through call
centre, for the purpose of availing the Facility.
"Website" refers to www.maldadccb.org or any other website as may be notified by MDCCB.
"Personal Information" shall mean the information about the Customer obtained in connection with the
Facility.
"Request/Pull Facility" shall mean facility through which Customers will be able to make requests about their
Account(s) by sending "key words" through SMS to MDCCB Contact Number provided by MDCCB for the
purpose.
"SMS" shall mean Short Messaging Service, which is the transmission of short text messages to and from SMS
enabled devices including but not limited to mobile phones.
"Mobile Banking app" shall mean the mobile banking application which can be installed on the mobile phone
handset to access information pertaining to the Account(s).
“MBS” shall mean Mobile Banking Service of the Bank and includes the service over the application / USSD /
WAP / SMS Banking.
“Bank” shall mean Malda District Central Co-Operative Bank Limited or any successor or assign of it.
2. APPLICABILITY OF TERMS
These Terms mentioned herein form the contract between the User using the Mobile Banking services and
the Bank. By applying for Mobile Banking Services and accessing the service the User acknowledges and
accepts these Terms of Service (Terms & Conditions). Any conditions relating to the accounts of customer
other than these Terms will continue to apply except that in the event of any conflict between these Terms
and the account conditions, these Terms will continue to prevail. The agreement shall remain valid until it is
replaced by another agreement or terminated by either party or account is closed, whichever is earlier.
3. ELIGIBILITY
The facility is available for customers having a satisfactory operative account with the Bank and must be KYC
complied. The Facility will be offered to resident individuals and sole proprietary concerns with mode of
operation ‘Single Self and/or Either/ Survivor’. In the case of a joint account where mode of operation is
“Either or Survivor” any of the joint account holders can use the Facility. The transactions in such accounts
shall be binding on all the joint account holders, jointly and severally. The Customers are bound to advise the
Bank separately, of any change in the mode of operation in an Account and get it effected for necessary
modifications to the Application. Accounts where mode of operation is “jointly” or accounts in the name of
minor or where minor is a joint account holder are not eligible for MBS. MDCCB Mobile Banking will also not
be available to non-resident individuals.
In case of accounts opened for and on behalf of minors, the Mobile Banking facility shall not be made
available to the minor. The natural guardian of the minor shall be permitted to use Mobile banking with only
“View Only” rights.
The Bank reserves the right to reject a Customer’s request for MBS without assigning any reasons.
The Bank may suspend the Facility, if the same has not been accessed by the Customer for three months or
more. If the Facility has not been accessed for six months or more, the same may be cancelled.
The Customer can request for termination of the Facility by submitting appropriate “De-registration Request
Form” towards the Home branch of the primary account enabled for MBS. The Customer shall remain
accountable for all the transactions on the designated account made prior to confirmation of any such
cancellation request by the Bank. 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 for any maintenance or repair work for any breakdown in the Hardware/ Software of MBS, any
emergency or security reasons without prior notice and the bank shall not be responsible if such an action
has to be taken for reasons of security or emergency.
The services offered under the Facility will be automatically terminated if the primary account linked for the
Mobile Banking Services is closed. The closure of all account(s) of the Customer will also automatically
terminate the Facility.
The Bank may also terminate or suspend the services under the Facility without prior notice if the Customer
has violated the terms and conditions lay down by the Bank or on the death of the Customer when brought
to the notice of the Bank. MDCCB shall endeavour to give a reasonable notice for withdrawal or termination
of the Facility. But, MDCCB may suspend or terminate Facility without prior notice if the Customer has
breached these Terms and Conditions or MDCCB learns of the death, bankruptcy or lack of legal capacity of
the Customer.
4. APPLICATION FOR MOBILE BANKING SERVICES
Customers can apply for the Mobile Banking Facility through physical “Mobile Banking Application Form” at
Branch Level and downloading the Mobile App from Google Play Store and follow the instruction after
installation receiving of login ID and MPIN thereon, or through any other mode as may be introduced from
time-to-time by the Bank. The Bank may offer Mobile Banking Service to selected customers at its discretion.
The customer would need to be Mobile User or have access to the Mobile. The acceptance of the application
and the acknowledgement thereof does not automatically imply the acceptance of application for Mobile
Banking Services. The Bank may advise from time to time the Mobile software such as Browser, which are
required for using Mobile Banking Services. There will be no obligation on the part of the Bank to support all
the versions of this Mobile software.
5. MOBILE BANKING SERVICES
The Bank shall endeavour to provide to the User through Mobile Banking services such as inquiry about the
balance in his/her account(s), details about transactions, statement of account, request for transfer of funds
between accounts of the same User and other accounts, Stop cheque, creation of standing instruction and
many other facilities as the Bank may decide to provide from time to time. These facilities shall be offered in
a phased manner at the discretion of the Bank. The Bank at its sole discretion may also make
additions/deletions to the Mobile Banking Services being offered without giving any prior notices or reasons.
The availability /non-availability of a particular service shall be advised through the web page of the Bank or
written communication or any other mode as the Bank thinks fit. The Bank shall take reasonable care to,
ensure the security of and prevent unauthorized access to the Mobile Banking Services using technology
reasonably available to the Bank. The User shall not use or permit to use Mobile Banking Service or any
related service for any illegal or improper purposes.
6. CYBER CRIME
The Mobile per se is susceptible to various cyber crimes like phishing, vishing (Voice phishing), SMSing
(phishing through SMS), compromise of User’s system security etc., that could affect Payment Instructions /
other instructions to the Bank. Whilst the Bank shall endeavour to protect the interest of the customers,
there cannot be any guarantee from such cyber crimes and other actions that could affect Payment
Instructions / other instructions to the Bank including but not limited to delay or failure in processing the
instructions. The User shall separately evaluate all such risks and the Bank shall not be held responsible for
the losses arising out of such cyber crimes.
7. ERRORS OF OMMISION & COMMISSION
The filling in of applicable data for transfer of funds and/or issue of Demand Drafts, cheques would require
proper, accurate and complete details.
In the event of any inaccuracy in this regard, the funds could be transferred to incorrect accounts or the
Demand Draft may be incorrectly issued or sent to a wrong address and there is no guarantee of recovery of
the same thereafter. The User shall therefore take all care to ensure that there are no mistakes and errors
and that the information given by him/her to the Bank in this regard is error free, accurate, proper and
complete at all points of time. The User indemnifies the Bank from any loss due to an error on his/her part.
As per RBI instructions credit will be effected based solely on the beneficiary account number information
and the beneficiary name particulars will not be used there for. On the other hand in the event of the User’s
account receiving an erroneous credit by reason of a mistake committed by some other person or for any
other reason, the Bank shall be entitled to reverse the erroneous credit at any time whatsoever without
his/her consent. The User shall be liable and responsible to the Bank and accede to accept the Bank's
instructions without questions for any unfair or unjust gain obtained by him/her as a result of the same.
8. TECHNOLOGY RISKS
The site of the Bank may require maintenance and during such time it may not be possible to process the
request of the customers. This could result in delays and/or failure in the processing of instructions. The User
understands that the Bank disclaims all and any liability, whether direct or indirect, whether arising out of
loss or otherwise arising out of any failure or inability by the Bank to honour any customer instruction for
whatsoever reason.
9. JOINT ACCOUNTS
The Mobile Banking Services will be available in case of Joint accounts only if the mode of operation is
indicated as ‘either or survivor’ or ‘anyone or survivor’ or ‘former or survivor’.
For ‘former or survivor’ account, Mobile Banking facility may be available only to the ‘former’.
For ‘either or survivor’ and ‘anyone or survivor’ accounts, Mobile Banking may be provided to each one of
the joint account holders on their request.
In case of ‘either or survivor’ and ‘anyone or survivor’ accounts if any of the joint account holder(s) gives
“stopping of operations” instructions for the use of Mobile Banking Service in writing, on any of the Mobile
Banking Services, it will be discontinued for the User. The User will remain responsible for transactions made
on his/her account(s) prior to the time of such cancellation of the Mobile Banking Services.
In case of ‘former and survivor’ account, such instructions will not be issued by other account holder.
Any one of joint account holder have required mandate from the joint holder(s) to singly operate the
account(s)
10. LIMITS
Considering risk perception, Bank has decided to put in place daily cap per customer as under:
NEFT, RTGS – 2,00,000/-
MDCCB may, at its sole discretion, increase or reduce the limit up to the limit as permissible under applicable
laws.
11. CHARGES
As an introductory offer, the facility is to be offered to customers for free. However, MDCCB shall have the
discretion to charge such fees as it may deem fit from time to time and may at its sole discretion, revise the
fees for use of any or all of the Facility, by notifying the Customer of such revision. Display of such charges on
Bank’s websites or otherwise would serve as sufficient notice and the same is binding on the customer.
The Customer may, at any time discontinue or unsubscribe to the said Facility. The Customer shall be liable
for payment of such airtime or other charges which may be levied by any mobile phone service provider in
connection with availing of the Facility and MDCCB is in no way concerned with the same.
12. MAINTENANCE OF SUFFICIENT BALANCE
User shall ensure that there are sufficient funds (or drawing power for credit facilities) in any Account for
transactions through the Mobile Banking, and the Bank shall not be liable for any consequences arising out of
its failure to carry out the instructions due to inadequacy of funds and/or credit facilities provided always
that Bank shall at its sole discretion, be entitled to carry out the instructions notwithstanding such
inadequacy without seeking the prior approval from or notice to User and the User shall be responsible to
repay with interest the resulting overdraft, advance or credit thereby created and for all related to costs and
charges at the rates as may be determined by the Bank. Bank may, at its discretion, levy penal charges for
non-maintenance of the minimum balance. Bank may withdraw the provision of Mobile Banking, wholly or
partly, if at any time the amount of deposit falls short of the required minimum as aforesaid and / or if the
service charges remain unpaid, without giving any further notice to the User and / or without incurring any
liability or responsibility whatsoever by reason of such withdrawal.
13. RIGHT TO SET OFF AND LIEN
Bank shall have the right of set off and lien, irrespective of any other lien or charge, present as well as future,
on the account(s) held by User(s) or in any other account, whether in single name or joint names to the
extent of all outstanding dues, whatsoever arising as a result of the Mobile Banking services extended to
and/or used by the User.
14. FUNDS TRANSFER
The payer accepts that he will be responsible for keying in the correct details, which are required to make
fund transfers through the above mentioned facility; such details being specified by MDCCB from time to
time. In no case, will the Bank be held liable for any erroneous transactions arising out of or relating to the
payer keying in erroneous / wrong details required to make fund transfers through the abovementioned
facility. If the abovementioned facility is made available to the Payer, it may be used for transfer of funds
from Account(s) to other accounts belonging to third parties maintained at MDCCB and/or at any other bank
which falls under the network of RBI’s Electronic Fund Transfer (EFT) or National Electronic Fund Transfer
system (NEFT) or Real Time Gross Settlement (RTGS) or any other network approved by RBI. In such an event,
the terms applicable to such facilities, in addition to those applicable to the Facility, shall be applicable. The
liability of MDCCB shall only commence subsequent to the debit in the payer’s account.
15. STANDING INSTRUCTIONS
The User can set ‘Standing Instructions’ i.e. the date on which the Users account shall get debited in the
functionality where it is available. User could not modify / cancel the ‘Standing Instruction’
16. TRANSACTION PROCESSING TIME
? Instantaneous Transactions: All the instructions for instantaneous transactions received before the
cut off time of the specified transaction, will be given effect to instantaneously unless until some
processing work or maintenance activity is being done or some unavoidable circumstances beyond
the control of the Bank occur. E.g.: Fund Transfer, Third Party Fund Transfer, stop payment etc.
? Non-Instantaneous Transactions: In respect of Non-instantaneous transactions and transactions
requiring manual intervention by the branch, the Bank would endeavour to give effect to such
transactions at the earliest.
17. DOCUMENTS REQUIRED FOR TRANSACTION PROCESSING
The User shall be responsible for submitting necessary documents and information as the Bank may require
along with any request for any service under Mobile Banking. If any request for a service is such that it
cannot be given effect to unless it is followed up by requisite documentation, the Bank shall not be required
to act on the request until it receives such documentation from the User.
18. AUTHORITY TO THE BANK
Banking transactions in the User’s account(s) are permitted through Mobile, only after authentication of the
User-id and password/MPIN of the User. The User irrevocably and unconditionally authorizes the Bank to
access all his/her account(s) for effecting banking and other transactions performed by the User through the
Mobile Banking services. The instructions of the User shall be effected only when such information is in
accordance with the prescribed procedure. The User grants express authority to the Bank for carrying out the
banking transactions performed/requested by him/her through Mobile Banking Services. The Bank shall have
no obligation to verify the authenticity of any transaction received from the User through Mobile Banking
Service or purported to have been sent by the User via Mobile Banking Services, other than by means of
verification of the User-id and the password/MPIN. The display or printed output that is generated by the
User at the time of operation of Mobile Banking Services is a record of the operation of the Mobile 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. All transactions arising from the use of Mobile Banking Services to operate a joint account,
shall be binding on all the joint account holders , jointly and severally, notwithstanding that one amongst
such joint account holders only operates the accounts through Mobile Banking Services.
The Bank may at any time without giving notice or reasons, suspend or terminate all or any of the Mobile
Banking services or their use by the User.
19. ACCURACY OF INFORMATION
The Customer undertakes to provide accurate and complete information wherever required and shall be
solely responsible for the correctness and completeness of information provided by him to MDCCB at all
times, including, but not limited to, for the purposes of availing of the Facility. The Bank shall not be liable for
consequences arising out of erroneous information submitted by the Customer. If the Customer suspects
that there is an error in the information supplied by the Bank to the customer, he should inform MDCCB at
the earliest. The Bank will endeavour to correct the error wherever possible on a best effort basis. While
MDCCB will take all reasonable steps to ensure the accuracy of the information supplied to the Customer,
MDCCB shall not be liable for any inadvertent error, which results in the providing of inaccurate information.
The Customer accepts that the Bank shall not be responsible for any errors which may occur in spite of the
steps taken by the Bank to ensure the accuracy of the information and shall not have any claim against the
Bank in an event of any loss/ damage suffered as a consequence of an information provided by the Bank
found to be not correct.
20. LIABILITY OF THE USER
The customer will be responsible for all transactions, including fraudulent/erroneous transactions made
through the use of his/ her mobile phone, SIM card and MPIN, regardless of whether such transactions are in
fact entered into or authorized by him/ her. The customer will be responsible for the loss/damage suffered.
The customer shall take all steps possible to ensure that his/her mobile phone is not shared with anyone and
shall report any misuse/ loss of the mobile phone or SIM card immediately.
The customer will use the services offered under Facility using the MPIN/Password in accordance with the
procedure as laid down by MDCCB from time to time.
The customer shall keep the USER ID (Login Password) and MPIN confidential and will not disclose these to
any other person or will not record them in a way that would compromise the security of the services. It will
be the responsibility of the Customer to notify MDCCB immediately if he/ she suspect the misuse of the MPIN
/ Password. The Customer will also immediately initiate the necessary steps to change MPIN / Password. If
the mobile phone or SIM is lost, the customer must immediately notify the telecom service provider to block
the SIM. After that, he/she shall notify the service Branch of MDCCB to block the mobile banking service.
Once the service is blocked at the request of the customer, the same can be resumed to the customer again
only after receipt of the Mobile Banking Service Resuming Form.
The Customer accepts that any valid transaction originating from the USER ID and / or registered mobile
phone number shall be assumed to have been initiated by the customer.
The Customer shall ensure that the mobile is secured with required security features.
The Customer shall keep himself/herself updated with regard to any information/ modification relating to the
services offered under the facility which would be publicized on the websites and at the branches and would
be responsible for the same.
The Customer shall be liable for all loss on breach of the Policy, Terms and Conditions contained herein or
contributed or caused the loss by negligent actions or a failure on to advice MDCCB within a reasonable time
about any unauthorized access in the account.
When any transfer or other instruction is initiated through the Facility, user agrees that MDCCB shall execute
the instruction without requiring user’s signature on the instruction.
21. LIABILITIES OF THE BANK
The Bank shall not be liable for any unauthorized transactions in the account(s) through the use of Mobile
Banking Services which can be attributed to the fraudulent or negligent conduct of the User.
The Bank shall not be liable to the account holder(s) for any damages whatsoever whether such damages are
direct, indirect, incidental, consequential and irrespective of whether any claim is based on investment or
any other loss of any character or nature whatsoever and whether sustained by the account holder(s) or any
other person, if Mobile Banking access is not available in the desired manner for reasons including but not
limited to natural calamity, fire and other natural disasters, legal restraints ,faults in the telecommunication
network or Mobile or network failure ,software or hardware error or any other reasons beyond the control of
the Bank.
The Bank shall endeavour to take all possible steps to maintain secrecy and confidentiality of its customer
account(s)/information but shall not be liable to the account holder(s) for any damages whatsoever caused
on account of breach of secrecy/confidentiality due to reasons beyond the control of the Bank.
Bank, for valid reasons, may refuse to execute any instructions placed by the User.
The Bank will in no way be held responsible or liable for delay, failure and/or untimely delivery of SMS
password and/or SMS Alerts due to but not limited to network congestions, network failure, systems failure
or any others reasons beyond the reasonable control of the Bank or its service provider(s).
Notwithstanding anything contained herein, where Bank has reason to believe that any transaction or
marking of liens, have been fraudulently made (hereinafter referred to as a “suspect transaction”), Bank shall
be entitled to withhold payment pertaining to such suspect transaction in accordance with regulatory laws
relating to Money Laundering or otherwise. If Bank determines after due enquiry and investigation that the
transaction is a valid transaction and not a suspect transaction, Bank shall release such withheld payment
subsequently.
22. INDEMNITY
In consideration of MDCCB providing the facility, the Customer, at his/her own expense, agrees to indemnify,
defend and hold harmless, MDCCB, its directors and employees, representatives, agents and/or the affiliates,
as the case may be, against all losses, damages, expenses, actions, claims, demands and proceedings
whatsoever, that the Bank may incur, sustain, suffer or be put to at any time as a consequence of acting on
or omitting or refusing to act on any instructions given by the Customer or otherwise for use of the Facility.
The Customer agrees to indemnify, defend and hold harmless MDCCB and/or its affiliates, against any loss
incurred by the Customer due to failure to provide the services offered under the Facility or any delay in
providing the services due to any failure or discrepancy in the network of the mobile phone service provider.
The Customer agrees to indemnify, defend and hold harmless, MDCCB from any losses occurring as a result
of the:
? The Customer permitting any third parties to use the Facility.
? The Customer permitting any other person to have access to his mobile phone or as a consequence of
leaving the mobile phone unattended or loss of mobile phone.
23. DISCLOSURE OF PERSONAL INFORMATION
The User agrees that the Bank or its service providers may hold and process his/her Personal/Technical
Information on Computer or otherwise in connection with Mobile Banking Services as well as for statistical
analysis. The User agrees that the Bank may collect User system related information The User also agrees
that the Bank may disclose, in strict confidence, to other institutions, such Personal Information as may be
reasonably necessary for reasons inclusive of, but not limited to, the following:
? For participation in any electronic clearing network.
? In compliance with Reserve Bank of India’s directive.
? For fraud prevention purposes.
? Conform to legal requirements or comply with legal process
? In compliance with any statutory authority
? Protect and defend MDCCB's rights, interests or property
? Enforce the terms and conditions of the products or services including Mobile Banking services or act to
protect the interests of MDCCB or its members, constituents or of others
24. PRIVACY
Customers will also protect their privacy as below:
? The Customer would be required to cooperate with MDCCB in order to ensure the security of the
information, and it is recommended that the Customers necessarily choose their 4 digit numeric MPINs
carefully such that no unauthorized access is made by a third party.
? The Customers should ensure not to disclose their MPIN to anyone or keep any written or other record
of the MPIN such that a third party could access it.
? The Customer will not share his account information, MPIN or similar sensitive data with others.
? The Customer will never provide confidential information to unknown callers.
? When conducting business over the mobile browser, the customer will always use a secure browser and
exit online applications as soon as he finishes using them.
? The customer will protect his account records.
? The customer will avoid writing down MPINs/passwords.
? The customer will avoid the use of birthdays, anniversaries or similar details, which can be easily
guessed as MPINs.
? The customer will make sure that his mobile is protected with anti-virus and he has latest anti-virus
software.
? The customer will properly dispose of old mobiles that is not needed by hard reset and erasing all data.
? All users should logout after every login session; however, online sessions will automatically be
terminated after specified time interval inactivity. This is to protect customer in case he accidentally
leaves mobile banking session unattended after he login.
? The customer will enable a device lock password on the mobile to prevent unauthorized access to
personal and confidential information in contacts, messages and other media files.
? The customer will avoid clicking on links which are sent via e-mails. Instead, type URL (Universal
Resource Locator) of all such links directly on the mobile browser. Also need to avoid sending or
furnishing personal and financial information on email. Also prior to providing any information (financial
or personal) on a website, he should verify the bonafides of the website, its address and of the owners /
operators of such websites. To make sure that the URL that appears in the "address" or "location" box
on your browser window is the one he wishes to access.
? If the customer is a victim of fraud or identity theft, he should contact the call centre or branch
immediately so that the bank may place the necessary restrictions on his account(s) to put holds on his
accounts.
? Neither bank nor its service providers will contact the customer via telephone or email or any other
means requesting personal information, his customer ID or his MPIN. If he is contacted by anyone
requesting this information, not to share it and to contact the Bank immediately.
25. AMENDMENTS
The Bank has the absolute discretion to amend or supplement any of the Terms of Service (Terms &
Conditions) at any time, without prior notice. However the Bank will endeavour to notify the changes by
posting it on the website or through advertisement or any other means as the Bank may deem fit which will
be binding on the User. The existence and availability of the new functionalities/facilities/features will be
notified to the User as and when they are made available. By using these new services, the User agrees to be
bound by the Terms of Service (Terms & Conditions) applicable there for.
26. NON-TRANSFERABILITY
The grant of facility of Mobile Banking Services to a User is non-transferable under any circumstances and
shall be used by the User only.
27. PROPRIETARY RIGHTS
The USER acknowledges that the software underlying the Mobile Banking Services as well as other Mobile
related software which are required for accessing Mobile Banking Services is the legal property of the
Bank/respective service providers. The permission given by the BANK to access Mobile Banking Services will
not convey any proprietary or ownership rights in the above software. The USER shall not attempt to modify,
translate, disassemble, decompile or reverse engineer the software underlying Mobile Banking Services or
create any derivative product based on the software.
28. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
The copyright, trademarks, logos, slogans and service marks displayed on the website(s) are registered and
unregistered intellectual property rights of Bank or of respective intellectual property right owners. Nothing
contained on the website(s) should be construed as granting, by implication, estoppels, or otherwise, any
license or right to use any intellectual property displayed on the website(s) without the written permission of
Bank or such third party that may own the intellectual property displayed on the website(s).
Bank grants the right to access the website(s) to the User and use the Mobile Banking Services in accordance
with the Terms of Service (Terms & Conditions) mentioned herein. The User acknowledges that the Services
including, but not limited to, text, content, photographs, video, audio and/or graphics, are either the
property of, or used with permission by, Bank and/or by the content providers and may be protected by
applicable copyrights, trademarks, service marks, international treaties and/or other proprietary rights and
laws of India and other countries, and the applicable Terms of Service (Terms & Conditions).
The User should assume that everything he/she views or reads on the website (collectively referred to as
"content") is copyrighted/ protected by intellectual property laws unless otherwise provided and may not be
used, except as provided in these Terms of Service (Terms & Conditions), without the prior written
permission of Bank or the relevant copyright owner.
Any breach of the restrictions on use provided in these terms is expressly prohibited by law, and may result
in severe civil and criminal penalties. Bank shall be entitled to obtain equitable relief (including all damage,
direct, indirect, consequential and exemplary) over and above all other remedies available to it, to protect its
interests therein.
29. THIRD PARTY LINKS
The Site may provide hyperlinks to websites not controlled by MDCCB and such hyperlinks do not imply any
endorsement, agreement on, or support of the content, products and /or services of such websites. MDCCB
doesn’t editorially control the content, products and /or services on such websites and shall not be liable, in
any nature whatsoever, for the access to, or the inability to access to, or the use, inability to use or content
available on or through such websites.
30. TERMINATION OF MOBILE BANKING SERVICES
The User may request for termination of the Mobile banking Services facility any time by giving a “De-
registration Request Form” at least 10 (Ten) working days to the Bank. The User will remain responsible for
transactions made on his/her account(s) prior to the time of such cancellation of the Mobile Banking
Services.
The Bank may at its sole discretion, at any time without giving notice or reasons suspend or terminate all or
any of the Mobile Banking services offered by the Bank or there use by the User including for reasons such as
? Breach of these Terms of Service (Terms & Conditions) by the User
? Knowledge or information about the death, bankruptcy or legal incapacity of the User.
31. NOTICES
Notices under these Terms of Service (Terms & Conditions) to the customer may be given through any
medium of communication as may be deemed appropriate by the Bank i.e. Bank’s website (maldadccb.org)
or email, sms, public notification at Branches, or through newspapers, radio, TV etc. Such notices will have
the same effect as a notice served individually to each customer.
32. FORCE MAJEURE
The Bank shall not be liable for delay in performing or failure to perform any of its obligations under these
Terms of Service (Terms & Conditions) 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, natural calamities, war, civil unrest, government action,
strikes, lock-outs or other industrial action or trade disputes (whether involving the Bank’s employees or
those of a third party). Any delay or failure of this kind will not be deemed to be a breach of the Terms of
Service (Terms & Conditions) and the time for performance of the affected obligation will be extended by a
period which is reasonable in the circumstances.
33. DISCLAIMER ON THE INFORMATION TECHNOLOGY ACT 2008
MDCCB will adopt the mode of authentication of the Customer by means of verification of the Mobile Phone
Number and/or through verification of MPIN allotted by MDCCB to the Customer or through any other mode
of verification as may be stipulated at the discretion of MDCCB. The customer agrees that while the
Information Technology Amendment Act, 2008 prescribes that a subscriber may authenticate an electronic
record by affixing his digital or electronic signature which has been given legal recognition under the Act, the
Bank is authenticating the customer by using mobile phone number, MPIN or any other method decided at
the discretion of the Bank which may not be recognized under the Information Technology Amendment Act,
2008 for authentication of electronic records and this is acceptable and binding to the customer and hence
the customer is solely responsible for maintenance of the secrecy and confidentiality of the MPIN without
any liability to the Bank.
34. DISCLAIMER ON ANTI VIRUS UPDATE
The User needs to get his mobile scanned on a regular basis and be updated with the latest antivirus
software available. The Bank shall not be responsible in case of any data loss or theft due to the virus
transmitted in the system through the usage of Mobile Banking.
35. GOVERNING LAWS
This policy shall be governed and construed in accordance with the applicable laws of India and any dispute
or differences arising out of or in connection with the Facility shall be subject to the exclusive jurisdiction of
the Courts at Malda.
MDCCB accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country
other than that of India. The mere fact that the Facility can be accessed by a Customer in a country other
than India does not imply that the laws of the said country govern this policy and / or the operations in the
account(s) of the Customer and / or the use of the Facility.
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