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Applicability of Terms and Conditions for Bank of Maharashtra Mobile Banking

The terms and conditions contained herein, as amended from time to time, shall apply to the mobile banking service offered by the Bank. The customer(s) / User, requesting the Bank for the mobile banking service/facility by making an application, shall be deemed to have requested the Bank to offer the same on the terms and conditions contained herein, which the customer(s) / User has read, understood, agreed, and consented to the same. These terms and conditions shall be in addition to and not in derogation of other terms and conditions relating to any account of the User and/or the respective product or the service provided by the Bank.

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

Account shall mean the Savings Account and/or Current Account maintained with the Bank and registered for the Mobile Banking Facility.

Customer: The holder of a bank account in Bank of Maharashtra.

MPIN shall mean the Personal Identification Number for the Mobile banking Facility

Application or App shall mean the Bank's official application Zen Lyfe for availing/using the facility which may be downloaded onto the Mobile Phone by the User.

SMS: Short Messaging Service.

Bank shall mean Bank of Maharashtra, a body corporate constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act 1970, having its Head Office at “Lokmangal”, 1501, Shivajinagar, Pune - 411005 and the expression shall include any successor or assign of it.

Mobile Number shall mean the Mobile Number registered with the Bank in relation to the Account(s).

General Business Rules Governing Mobile Banking Facility

The following Business rules will apply for Bank of Maharashtra Mobile Banking Application:

The facility will be available to customers having a satisfactorily running Savings/Current account with the Bank.
Entering the wrong MPIN thrice will block the Bank of Maharashtra Mobile Application facility for the day. Any change in the business rules of any of the processes will be notified on Bank's website which will be construed as sufficient notice to the customer.
The Bank reserves the right to reject a customer’s application for Bank of Maharashtra Mobile Application without assigning any reasons.
The Customer can request for termination of the Facility by visiting branch. The Customer shall remain accountable for all the transactions on the designated account made prior to confirmation of any such cancellation request. 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, any emergency or for security reasons without prior notice and the bank shall not be responsible for any loss/damage to the customer.
The services offered under the Facility will be automatically terminated if the primary account linked for the Mobile Banking facility is closed. 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.
The Mobile Banking Facility shall be governed by and operated in compliance with the applicable laws, regulations, circulars, directions and guidelines issued by the Reserve Bank of India (RBI), including but not limited to directions relating to Digital Payment Security Controls, Master Direction on Know Your Customer (KYC), Cyber Security Framework, Anti-Money Laundering (AML) requirements, Digital Personal Data Protection Act, 2023 and any amendments, modifications or re-enactments thereof from time to time. Customers shall comply with such guidelines as may be applicable.

Usage of Facility

By accepting the terms and conditions while registering for the Mobile Banking facility, the customer:

Agrees to use “Bank of Maharashtra Mobile banking application” for financial and non-financial transactions offered by the Bank of Maharashtra from time to time and irrevocably authorizes the Bank to debit the Bank Accounts which have been enabled for Zen Lyfe for all transactions/services undertaken using MPIN and OTP.
Authorizes the Bank to map the account number and mobile phone number for the smooth operation of the facility offered by Bank and to preserve the mapping record in its own server or server of any other third party and to use such data at its discretion for providing/enhancing further banking/ technology products that it may offer.
Agrees that he/ she is aware and accepts that facility offered by the Bank will enable him/her to transact after login using MPIN within the limit prescribed by the Bank and will be deemed as bonafide transaction.
Agrees that the transactions originated using the mobile phones are non-retractable as these are instantaneous/real time.
Agrees to use the facility on a mobile phone properly and validly registered in his/her name only with the Mobile Service Provider and undertakes to use the facility only through mobile number which has been used to register for the Mobile Banking.
Agrees that while the Information Technology Act, 2000 prescribes that a subscriber may authenticate an electronic record by affixing his digital signature which has been given legal recognition under the Act, the Bank is authenticating the customer by using Mobile Number, MPIN or any other method decided at the discretion of the Bank which may not be recognized under the IT Act, 2000 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.
The Customer shall be required to acquaint himself/herself with the process for using the facility and that he/she shall be responsible for any error made while using the facility.
The Bank reserves the right to decide what facilities may be offered. Additions/deletions of the facilities offered are at its sole discretion.
The instructions of the Customer shall be affected only after successful login using his/her MPIN or through any other mode of verification as may be stipulated at the discretion of the Bank.
While it shall be the endeavour of the Bank to carry out the instructions received from the Customers promptly, it shall not be responsible for the delay/failure in carrying out the instructions due to any reasons whatsoever including failure of operational system or due to any requirement of law. The Customer expressly authorizes the Bank to access his/her account Information required for offering the services under the facility and to share the information regarding his/her accounts with the service provider/ third party as may be required to provide the services under the Facility.
The transactional details will be recorded by the Bank and these records will be regarded as conclusive proof of the authenticity and accuracy of transactions.
The Customer hereby authorizes the Bank or its agents to send promotional messages including the products of the Bank, greetings, or any other messages the Bank may consider from time to time. The Customer understands that the Bank may send rejection or “cannot process the request” messages for the service request(s) sent by the Customer which could not be executed for whatsoever reason.
The Bank shall make all reasonable efforts to ensure that the customer information is kept confidential but shall not be responsible for any inadvertent divulgence or leakage of confidential Customer information for reasons beyond its control or by action of any third party.
It is the responsibility of the customer to disclose his non residency status to the branch in case there is change in residency status (not in India) of the customer.
The Telecom Service provider of the customer may levy charges for SMS/USSD/4G Data/5G Data and the Bank is not liable for any dispute that may arise between such telecom service provider and the customer.
The customer is solely responsible for keeping his/her MPIN/OTP confidential.
The customer who are resident of India collecting and effecting/remitting payments directly / indirectly outside India in any forms towards overseas foreign exchange trading through electronic/internet trading portals would make himself/herself/themselves liable to be proceeded against with for contravention of Foreign exchange Management act (FEMA), 1999 besides being liable for violation of regulations relating to Know Your customers (KYC) norms/Anti-Money Laundering (AML) standards.

Fee structure for the Facility

The Bank 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 the Facility, by notifying the User of such revision in the manner deemed fit by the Bank. The User may, at any time discontinue or unsubscribe to the said Facility in the manner prescribed by the Bank. The User shall be liable for payment of such fees or other charges which may be levied by any telecom service provider in connection with availing of the Facility and the Bank is in no way concerned with the same. The charges payable by the User is exclusive of the amount payable to any telecom service provider and would be debited from the Account(s) on a periodic basis as decided by the Bank in its sole discretion. The User shall be required to refer to the schedule of fees put up on the Bank's website from time to time.

Responsibilities and obligations of the customer

The customer will be responsible for all transactions, including fraudulent/erroneous transactions made using 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, if any suffered.
The Customer shall take all steps possible to ensure that his/her mobile phone is not shared with anyone and shall immediately de-register/block access to the Mobile Banking Facility in case of misuse, theft, loss of the mobile device or SIM card. The Customer shall also report such incident to the telecom service provider for blocking of the SIM card. Customer shall contact the nearest Bank of Maharashtra branch or the Bank customer care number 1800 233 4526 / 1800 102 2636.
The Customer will use offered facility using the MPIN in accordance with the procedure as laid down by the Bank from time to time.
The Customer shall keep the MPIN and OTP confidential and will not disclose these to any other person or will not record the MPIN a way that would compromise the security of the facility.
It will be the responsibility of the Customer to notify the Bank immediately if he/ she suspects the misuse of the MPIN. He/she will also immediately initiate the necessary steps to change his MPIN.
If the mobile phone or SIM is lost, the user must immediately act to de-register from the facility.
The Customer accepts that any valid transaction originating from the registered mobile phone number shall be assumed to have been initiated by the Customer and any transaction authorized by the MPIN is duly and legally authorized by the Customer.
The Customer shall keep himself/herself updated about 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 Terms and Conditions contained herein or contributed or caused the loss by negligent actions or a failure to advise the Bank within a reasonable time about any unauthorized access in the account.
The Customer shall be liable and responsible for all legal compliance and adherence of all commercial terms and conditions in respect of the mobile connection/SIM card/mobile phone through which the facility is availed and the Bank does not accept/ acknowledge any responsibility in this regard.

Disclaimer

The Bank, when acting in good faith, shall be absolved of any liability in case of:

any unauthorised use of the User's MPIN/ password/ OTP or Mobile Phone Number or Mobile Phone or for any fraudulent, duplicate, or erroneous instructions given by use of the User's credentials.
acting on any instructions received by the Bank from or on behalf of the User in relation to the Facility.
error, default, delay, or inability of the Bank to act on all or any of the instructions given by the User.
loss of any information/instructions in transmission.
unauthorized access by any other person to any information /instructions given by the User or breach of confidentiality.
Bank being unable to receive or execute any of the requests from the User or there is loss of information during processing or transmission or any unauthorized access by any other person or breach of confidentiality or due to reasons beyond the control of the Bank.
any kind of loss, direct or indirect, incurred by the User or any other person due to any failure or lapse in the Facility which are beyond the control of the Bank.
any failure or delay in transmitting of information or there is any error or inaccuracy of information or any other consequence arising from any cause beyond the control of the Bank which may include technology failure, mechanical breakdown, power disruption, etc.
any lapse or failure on the part of the service providers or any third party affecting the said Facility and that the Bank makes no warranty as to the quality of the service provided by any such provider.
any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the User or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of the Bank in receiving and processing 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 User and the network of any service provider and the Bank's system or any breakdown, interruption, suspension or failure of the tele-communication equipment of the User, the Bank's system or the network of any service provider and/or any third party who provides such services as is necessary to provide the Facility.
the Application is not compatible with/ does not work on the Mobile Phone of the User.

Force Majeure

The Bank shall not be liable for any failure, interruption, delay, suspension, restriction, degradation, or inability to provide the Mobile Banking Facility, whether wholly or partly, arising out of or attributable to circumstances beyond the reasonable control of the Bank, including but not limited to:

cyber-attacks, ransomware attacks, hacking incidents, malware infections, denial-of-service attacks or other information security incidents;
failure or disruption of internet services, telecommunications networks, mobile networks, cloud services, payment system operators or other service providers;
power failures, system failures, hardware or software malfunction;
acts, directions, regulations, restrictions, moratoriums or orders issued by RBI, Government authorities, regulators, law enforcement agencies or courts;
natural calamities including flood, earthquake, cyclone, storm, lightning, fire or other acts of God;
war, terrorism, civil commotion, strikes, lockouts, riots or public disturbances;
epidemic, pandemic, public health emergency or similar events; and
any other event beyond the reasonable control of the Bank.

During the continuance of such events, the Bank shall be entitled to suspend, restrict or modify the Mobile Banking Facility without incurring any liability. The Bank shall resume normal services as soon as reasonably practicable after the cessation of such event.

Indemnity

In consideration of the Bank providing these facilities, the Customer agrees to indemnify and hold the Bank harmless against all actions, claims, demands proceedings, loss, damages, costs, charges and expenses which the Bank may at any time incur, sustain, suffer or be put to as a consequence of or arising out of or in connection with any services provided to the Customer pursuant hereto. The Customer shall indemnify the Bank for unauthorized access by any third party to any information/ instructions/ triggers given by the Customer or breach of confidentiality.

Governing Law and Jurisdiction

The construction, validity and performance of these terms and conditions shall be governed in all respects by the laws of India. The parties hereby submit to the exclusive jurisdiction of the competent Courts at Pune, India which courts shall have jurisdiction in the matter to the exclusion of any other courts, irrespective of whether such other courts have similar jurisdiction in the matter. The Bank is absolved of any liability arising, direct or indirect, for non-compliance with the laws of any country other than India where the Facility is accessible.