| I (the
“Customer”) understand that under MCB Bank (the “Bank”)
MCB Cards SMS facility, the Bank will send me customized alert messages
with respect to transactions or any other activity on my MCB Credit Card
at its own discretion. The alert messages will be sent to me via short
messages service/text (SMS) on my mobile phone or via e-mail or any other
form of electronic means of communication available from time to time.
I agree to notify the Bank immediately in writing under my signature in
the event of any change in any of the information i.e my mobile number,
permanent and current address, address of place of business, fax number
etc. The Bank shall in no way be liable for my lack of receipt of a message
alert should I fail to provide the necessary updated information to the
Bank. I agree to provide any additional information as may be required
by the Bank from time to time.
I also agree that the Bank shall not be liable, in any manner whatsoever,
if any relevant information pertaining to my MCB Credit Card comes in
the knowledge of any third party due to, including but not limited to,
if such third party has access to or is/are using my mobile phone with
or without my consent to do so.
I agree to avail MCB Cards SMS facility (the “Service”) on
the terms and conditions stated herein and accept and agree to be bound
by the said terms and conditions.
1. Disclaimer of Liability:
The Bank shall under no circumstances be held liable if the Service is
not available for reasons, including but not limited to, natural calamities,
legal restraints, faults in the telecommunication network or network failure,
or any other reason beyond the control of the Bank. The Bank shall under
no circumstances be liable for any damage caused to the Customer as result
of use of the Service (including relying on the Service for the Customer’s
investment or business purposes) for causes which are not attributable
to the Bank. The Bank shall not be liable in any manner to the Customer
in connection with the use of the Service. Illegal or improper use of
the Service shall render the Customer liable for payment of penalties
as decided by the Bank and/or will result in suspension of the service
to the Customer.
The Bank is in no way liable for any error or omission in the services
relating to the Service provided by any mobile or any third party service
provider (whether appointed by the Bank on its behalf or otherwise) to
the Customer, which may affect the Service.
The Bank does not warrant the confidentiality or security of the messages
transmitted through the Service. The Bank makes no warranty or representation
of any kind in relation to the system and the network associated with
the Service or their function or performance or for any loss or damage
whenever and howsoever suffered or incurred by the Customer or by any
person resulting from or in connection with the Service.
Without limitation to the provisions of these terms and conditions, the
Bank and/or its employees shall not be liable for interruption, suspension,
error of the Bank in receiving and possession of the request and in formulating
and returning responses or any failure, delay, interruption, suspension,
restriction or error in transmission of any information or message to
and from the telecommunication equipment of the Customer and the network
of any mobile service provider and the Bank’s system or any breakdown,
interruption, suspension or failure of telecommunication equipment of
the Customer, the Bank’s system or the network of any mobile service
provider and/or any third party who provides such services as is necessary
to the Service.
Notwithstanding anything to the contrary provided in these terms and conditions,
the Bank shall not be involved in or in any way liable to the Customer
for any dispute between the Customer and a mobile services provider or
any third party service provider (whether appointed by the Bank in that
behalf or otherwise). The Bank makes no representation or gives no guarantee
for the timely delivery or accuracy of the contents of each short message
service/text alert sent in connection with the Service.
The Customer agrees that the Bank may hold and process his personal information
concerning his/her accounts on computer or otherwise in connection with
the Service as well as for analysis and marketing. The Customer accepts
and acknowledges that each short message service/text alert sent in connection
with the Service may contain account information relating to the Customer.
The Customer hereby authorizes the Bank to send account related information
through sho service/text alert. The Customer acknowledges that the short
message service/text alerts sent in connection with the Service contains
confidential information and should such confidential information be received
by any other person other than the Customer due to operational faults
or technical defects, the Bank shall not be liable or responsible for
the same.
The Customer is solely responsible for protecting his personal identification
number/access password and/or any other appropriate mode of identification
that would be used for the Service given by the Bank for the use of the
Service.
The Bank will not be liable for:
a)any unauthorized use of Customer’s personal identification
number/access password and/or any other appropriate mode of identification
that would be used for the Service or mobile phone or any fraudulent,
duplicate or erroneous instructions given by the use of the Customer’s
personal identification number/access password and/or any other appropriate
mode of identification that would be used for the Service or mobile phone
number, and any other identification number/code;
b) error, default, delay or inability of the Bank to
act on all or any of the instructions.
c) acting in good faith on any instructions received
by the Bank.
d) loss of any information/instructions in transmission.
e) Unauthorized access by any other person to any information/
instructions given by the Customer or breach of confidentiality.
2. Instructions:
The Customer hereby authorizes the Bank to act on any instruction which
is identified by any use of the Customer’s personal identification
number/access password and/or any other appropriate mode of identification
that would be used for the Service at bank’s discretion and this
instruction shall be deemed to be correct, valid, irrevocable and binding
on the Customer upon receipt by the Bank.
The Bank shall not be liable for any loss and damage which the Customer
and/or any third party may sustain from the Bank acting on such instruction(s),
whether given by the Customer or someone purporting to be the Customer,
authorized or unauthorized.
The Bank shall have absolute discretion to act on or give effect to the
instructions received by it, and may without notice and without giving
any reason, cancel or refuse to execute any of the Customer’s instructions
at any time without incurring any liability.
3. Suspension or Termination of the Service:
The Bank, may in its discretion and without prior notice and without incurring
any liability, temporarily suspend the Service or terminate it.
4. Charges:
The Service will be subject to payment of a fee as determined by the Bank
from time to time and the same shall be notified to the Customer. The
Customer hereby authorizes the Bank to debit the Customer’s account
with such fees and charges.
Notwithstanding the service charges, or fees imposed by the Bank, the
Customer is further liable for any charges levied by any mobile services
provider and/or any other third party as a result of the use by the Customer
of the Service.
5. Indemnity:
The Customer shall indemnify and hold the Bank harmless against any loss
suffered by the Bank, their customers or a third party or any claim or
action brought by a third party arising out of or in connection with any
services provided to the Customer pursuant hereto. In consideration of
the Bank providing the Service, the Customer agrees to indemnify and hold
the Bank harmless from and against all actions, claims, demands, proceedings,
loss, damages, costs, charges and expenses whatsoever which the Bank may
at any time incur, sustain or suffer as a consequence of or arising from
the Customer acting, or omitting to act on any instructions given by the
use of the Service.
The Customer hereby agrees to abide with all the rules and regulations
applicable to this Service and any other services related to this Service
that may be provided by the Bank in the future.
6. Amendment:
The Bank may amend/change the above terms and conditions, at any time
by giving notice to the Customer and such amended terms and conditions
shall thereupon apply to and be binding on the Customer.
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