TERMS AND CONDITIONS

This website is designed, developed and maintained by DMC Bank. Though all efforts have been made to ensure the accuracy and currency of the content on this website, the same should not be construed as a statement of law or used for any legal purposes. In case of any ambiguity or doubts, users are advised to verify/check with the Department(s) and/or other source(s), and to obtain appropriate professional advice. Under no circumstances will DMC bank be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of this website. These terms and conditions shall be governed by and construed in accordance with the Indian Laws. Any dispute arising under these terms and conditions shall be subject to the jurisdiction of the courts of India.

User Agreement:

This Website User Agreement along with the Disclaimer (available https://www.dmcbank.co.in  at ) and Privacy Policy (available at https://www.dmcbank.co.in ) (collectively hereinafter referred to as the "Agreement") lays out the terms and conditions and rules, as maybe amended and supplemented, from time to time ("Terms") which shall be applicable to the access and use of the Website of Sri Durga Devi Mahila Cooperative Bank Ltd (hereinafter referred to as "DMC Bank" i.e.https://www.dmcbank.co.in  ("website")by you, the visitor/ user ("User") of the Website.

Acceptance Of Terms And Modification Thereof

• This Agreement constitutes a binding contract between User and DMCBank, with regard to the access and use of the Website.


• Access of the Website by the User constitutes an acknowledgement and acceptance in full and without any modification and/or exception by the User of this Agreement. If the User does not agree with any part of such terms, conditions and notices as stated in this Agreement in any manner, the User must not access the Website.


• DMC Bank reserves the right to change the terms, conditions and notices pursuant to which the Website is accessed by the User or any services (hereinafter referred to as “Services”) that are offered through the Website, without any notice or intimation of such change. The User shall be responsible for regularly reviewing the terms and conditions of this Agreement. Changes to this Agreement will be effective when posted and the User agrees to review this Agreement periodically to become aware of any changes.


• The User agrees that this Agreement forms a valid contract between the User and DMC Bank, and that DMC Bank may, at its sole discretion, amend any of the use or Services being provided by it vide the Website and/ or this Agreement either wholly or partially, at any time and without the requirement of any prior notice or consent.


• The User’s use of certain Services, features, functionality or programs (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, RSS feeds, etc.) offered on or through the Website may be subject to additional terms and conditions (hereinafter referred to as "Rules"), and before the User uses any such Services, features, functionality or other programs he would be deemed to have accepted such additional Rules upon the use of such Services or the Website in any manner.


• The User expressly agrees that he will be deemed to have consented to the disclosure of any data, information of the User to, and same is used by DMC bank, a subsequent owner or operator of the Website, of any information about the User contained in the applicable DMC bank database, to the extent DMC Bank assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of DMC Bank's assets, or in connection


• with a merger, acquisition or sale of all or substantially all of the assets related to this particular Website to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, the User’s continued use of the Website signifies the User’s agreement to be bound by the terms of use, Website User Agreement, Privacy Policy and Disclaimer or otherwise of the Website's subsequent owner or operator.


• DMC Bank reserves the right, in its sole discretion, to terminate the access to the Website and/or any of the Services or any portion thereof at any time, without any prior notice.


• The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or the right to use the Website by the User as contained herein or any other section or pages of the Website in any manner whatsoever.


• The User "uses" the Website anytime he accesses, views, links to or from, or otherwise interacts or communicates with or connects to, the Website (or any parts thereof) or interacts or communicates with other Users through the Website (including, without limitation, on message boards, chat rooms and/or other communities established on the Website if any).


• The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.

Limited User

• The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Services. For the removal of doubt, it is clarified that the Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only of the User.


• The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the Website in any manner whatsoever.

Disclaimer Of Warranties

• DMC Bank has endeavored to ensure that all the information provided by it on this Website is correct, but DMC Bank neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on this Website and DMC Bank shall not be in any manner liable for inaccuracy/error if any. DMC Bank makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the Website, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Website or the provision of the Services.


• Although DMC Bank makes commercial efforts, reasonable or otherwise to ensure that the description and content of the information displayed or communicated to the User on each page of the Website is correct, it does not, however, take responsibility for changes that may have occurred due to human or data entry errors or for any loss or damages suffered by any User due to any such changed information.


• In no event shall DMC BANK be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) the cost of procurement of services substitute to the Services; (c) unauthorized access to or alteration of the User's transmissions or data; (d) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing of the Services through the Website.


• These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

Use Of Communication Services

• The Website may contain services such as email, chat, bulletin board services, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  
  
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  
  
  • upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or has received all necessary consents;
  
  
  • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
  
  
  • advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
    
    • conduct or forward surveys, contests, pyramid schemes or chain letters;
    
    
    • download any file posted by another user of a Communication Service that the User knows, or reasonably should know, cannot be legally distributed in such manner;
    
    
    • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    
    
    • violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
    
    
    • violate any applicable laws or regulations for the time being in force in or outside India; and
    
    
    • violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.


• The DMC Bank reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DMC Bank’s sole discretion.


• DMC Bank does not control or endorse the content, messages or information found in any Communication Service and, therefore, DMC Bank specifically disclaims any liability or responsibility whatsoever with regard to the Communication Services and any actions resulting from the User's participation in any Communication Service.


• When User registers with the Website, User consents that DMC Bank or any of its partners/ affiliate/ group companies or third party service providers may contact User from time to time to provide the offers/ information of such products/ services that they believe may benefit User.

User's Obligations

• The User’s rights under any one or more of the Licenses set forth above are conditioned upon compliance with each of the following: (1) the User will not create or Submit (as defined below) anything that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Government of India’s guidelines ("Applicable Laws"), or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content; (2) the User will not embed, re-publish, maintain and/or display any Website content on any web site or other Internet location that ordinarily (i) contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content; (3) the User will not send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or to defame or disparage someone, or for any other unlawful or objectionable (as determined by DMC Bank) purpose; (4) the User will not provide false information about him or anyone else (including, without limitation, if and when the User are being asked on the Website to provide accurate information about the User’s age). , and the User will not impersonate or appear to impersonate anyone else or otherwise misrepresent the User’s affiliation with any person or entity; (5) the User will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other User of the Website, unless the User would have obtained prior permission from such User to do so; (6) the User will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Website (or any parts thereof); (7) the User will abide by all copyright notices, information, restrictions contained in or associated with any of the Website content; (8) the User will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Website content; (9) the User will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Website content; (10) the User will not use any of the rights granted to him or any of the Website content in a manner that suggests an association with any of DMC Bank's products, Services or brands, unless otherwise specifically permitted by DMC Bank; (11) the User will not use bots, spiders, offline readers or other automated systems to access or use the Website in a manner that sends more request messages to the Website’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless the User is a lawfully operating a public search engine, in which case (subject to DMC BANK's full discretion to revoke this exception at any time), the User may use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials; (12) the User will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) the User will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of DMC bank or any of its affiliates, or the Website , or any of the content running or being promoted on the Website (including, without limitation, any movie, television program or other initiative); (14) the User will not do anything on the Website that would prevent other Users' access to or use of the Website or any part thereof; and (15) the User will use the Website and the Licenses at all times in compliance with this Agreement and all Applicable Laws.


• As a condition of access and use of the Website, the User warrants that he will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for, by DMC Bank, through the Website.


• The User or agent of the User represents and warrants that it has the power and authority to execute, deliver and perform its obligations under this Agreement and all necessary corporate, shareholder and/or other actions have been taken by it to authorize such execution, delivery and performance, and that this Agreement constitutes its legal, valid and binding obligation, enforceable in accordance with its terms. The execution, delivery and performance of its obligations under this Agreement does not and will not contravene any laws, regulation or order of any authority or other official body or agency or any judgment or decree of any court having jurisdiction over it or conflict with or result in any breach or default under any document binding upon it.


• The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from accessing and using the Website and availing the Services under the laws of India or other applicable law.


• The User acknowledges and agrees that:
  
  • As between User on one hand, and DMC bank and its Affiliates on the other, DMC Bank or the Affiliates own all right, title and interest in DMC Bank;
  
  
  • The data provided by the User shall be retained by DMC Bank till the time it may be required for providing DMC Bank’s services or any other additional products/services of DMC Bank and its affiliates.

Breach

• Without prejudice to the other remedies available to DMC Bank under this Agreement or under applicable law, DMC Bank may limit the User's activity, warn other Users of the User's actions, immediately temporarily / indefinitely suspend or terminate the User's registration, and/or refuse to provide the User with access to the Website if:


• The User is in breach of this Agreement and/or the documents it incorporates by reference;


• DMC Bank is unable to verify or authenticate any information provided by the User; or


• DMC Bank believes that the User's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User, other Users of the Website and/or DMC Bank.


• DMC BANK may at any time in its sole discretion reinstate suspended Users. Once the User has been indefinitely suspended the User may not register or attempt to register with DMC BANK or use the Website in any manner whatsoever until such time that the User is reinstated by DMC BANK. Notwithstanding the foregoing, if the User breaches this Agreement or the documents it incorporates by reference, DMC BANK reserves the right to recover any amounts due and owing by the User to DMC BANK and to take strict legal action as DMC BANK deems necessary.

Limitation Of Liability And Injunctive Relief

• The User Understands And Expressly Agrees That To The Extent Permitted Under Applicable Laws, In No Event Will The DMC Bank Or Any Of Its Affiliates Or Group Companies Or Any Of Their Respective Officers, Employees, Directors, Shareholders, Agents, Or Licensors Be Liable To User Or Anyone Else Under Any Theory Of Liability (Whether In Contract, Tort, Statutory, Or Otherwise) For Any Direct, Indirect, Incidental, Special, Consequential Or Exemplary Damages, Including But Not Limited To, Damages For Loss Of Revenues, Profits, Goodwill, Use, Data Or Other Intangible Losses (Even If Such Parties Were Advised Of, Knew Of Or Should Have Known Of The Possibility Of Such Damages), Resulting From The User’s Use (Or The Use Of Anyone Using An Account Registered To The User) On The Website Or Any Parts Thereof.


• Notwithstanding Anything To The Contrary Herein, The User Hereby Irrevocably Waives Any Right Or Remedy To Seek And/or Obtain Injunctive Or Other Equitable Relief Or Any Order With Respect To, And/or To Enjoin Or Restrain Or Otherwise Impair In Any Manner, The Production, Distribution, Exhibition Or Other Exploitation Of Any The DMC Bank Or Any Of Its Affiliate Or Group Company Related Services, Or The Use, Publication Or Dissemination Of Any Advertising In Connection With Such Services.

Relationship

• None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and DMC BANK and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way..


• None of the provisions of this Agreement, terms and conditions, notices or the information displayed on the Website contained herein or any other section or pages of the Website and/or the Linked Sites or the Services provided by DMC BANK, shall be deemed to constitute a partnership between the DMC BANK and User or any other person or company or entity and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

Indemnification

• The User agrees to indemnify, defend and hold harmless DMC BANK, its affiliates, group companies and their directors, officers, employees, agents, third party service providers, and any other third party providing any service to DMC BANK in relation to the Services whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and


• disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by DMC BANK that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any terms of this Agreement including any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement.

Severability

• If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

Restriction of Usage and Access to website

• The User agrees that DMC BANK may under certain circumstances and without prior notice, immediately restrict the User's usage of and/or limit access to the Website/ DMC BANK Services. Causes for restriction and /or limitation may include, but shall not be limited to, breach by the User of this Agreement, requests by enforcement or government agencies, requests by the User.


• Should the User object to any terms and conditions of this Agreement or become dissatisfied with any DMC BANK Service in any way or wishes to withdraw any consent previously given, the User's should immediately:
  • discontinue use of the Website/ DMC BANK Service; and notify DMC BANK of such discontinuance by written communication or by sending e-mail from registered e-mail address of the User
  
  
  • Upon such communication by the User, DMC BANK shall have a right to put a restriction or limitation on use the Website/ Services and software by the User. The User shall have no right and DMC BANK shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's usage of and /or access to website has been restricted and/or limited any data that the User had stored on the Website may not be available for the User’s disposal.

Complaints

• In the event User has any grievance in relation to any information uploaded on the Website or with respect to processing of information or use of Website , User may contact our Grievance Officer provided at the Website ; or write at the address provided at the Website. The Grievance office shall endeavour to expeditiously redress the grievances, but within reasonable time as may be provided in applicable laws

Force Majeure

• DMC BANK shall not be liable for any failure to perform any of its obligations under this Agreement or provide the Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.


• “Force Majeure Event” means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government.

Governing Law

• This Agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. In the event any dispute in relation hereto is brought by the User, it shall be subject to the exclusive jurisdiction of the courts of Karnataka, India however in the event any dispute in relation hereto is brought up