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These terms and conditions (“Terms and Conditions”) apply to and regulate the operation of the savings and fixed depsoit account offered by Masraf Al-Islamia Nidhi Limited in India and govern the general relationship (including, without limitation, all transactions relating to the operation and maintenance of the Account) between the Member (defined below) and the relevant branch of Masraf Al-Islamia Nidhi Limited, having its registered office at 3rd Floor, Abbasi Towers, Erra Manzil, Hyderabad 500082. These Terms and Conditions shall be in addition to any other terms as stipulated by Masraf Al-Islamia from time to time on its Website (defined below) whether pertaining to the Account (defined below) or in relation to other products, services or offers provided by Masraf Al-Islamia.

 

Any Other Services (defined below) may be offered to the Member at the discretion of Masraf Al-Islamia or basis the eligibility criteria of a Member, on which specific terms and conditions may be applicable. In case of conflict between any of these Terms and Conditions and the terms and condition specified for the abovementioned Other Services, specific terms and conditions of such Other Services shall prevail.

 

Further, in case of inconsistency between the Terms and Conditions and any specific term and condition pertaining to a specific variant of the Account, the specific term and condition of that particular variant of the Account shall prevail.

In these Terms and Conditions, the following words and phrases have the meaning stated hereunder unless indicated otherwise:

  • The terms ‘Customer ID’ and ‘Member ID’ used herein shall be deemed interchangeable and synonymous. Any reference to ‘Customer ID’ in this terms shall be construed to include and represent the same entity or identifier as ‘Member ID,’ and vice versa. Consequently, for all intents and purposes under this agreement, ‘Customer ID’ and ‘Member ID’ are considered equivalent and interchangeable identifiers.
  • Account” shall mean the savings account, fixed deposits, including but not limited to various variants of a savings account, fixed deposit, opened by the Member with Masraf Al-Islamia in acceptance of the Terms and Conditions and would be a domestic liability account offered by Masraf Al-Islamia in India, as more particularly described in the AOF (defined below) and other account opening documentation.
  • Account Opening Form” or “AOF” refers to the relationship form for Account, whether electronic or otherwise.
  • Applicant” refers to the Member who has applied for opening a savings account with Masraf Al-Islamia whether pursuant to filing an electronic application form or application form in physical form.
  • Authority(ies)” means any competent regulatory, prosecuting, tax or governmental authority, court or tribunal, in any jurisdiction, domestic or foreign.
  • Confidential Information” means any information relating to the Member, their respective representatives received by Masraf Al-Islamia or its affiliates and their respective representatives in the course of providing various products and services to the Member/Applicant, including personal data, Member’s account details, transactional information, and any other information either designated by the Member/Applicant as confidential at the time of disclosure or that a reasonable person would consider to be of a confidential or proprietary in nature.
  • Member” refers to any person holding an Account or maintaining any deposit, any other account, any other relationship, whether loan based or otherwise with Masraf Al-Islamia and shall include his heirs, executors, legal representatives, executors, as applicable to the specific type of Member. In case of the Member being a minor shall mean the minor acting through his/her natural Guardian or by a Guardian appointed by a court of competent jurisdiction.
  • Guardian/Parent” shall mean the natural/court appointed guardian appointed under the applicable laws for a Member who is a minor.
  • Masraf Al-Islamia Customer Care Centre” refers to Masraf Al-Islamia – Phone Banking Service provided by Masraf Al-Islamia to the Member.
  • Law/Regulation” means the law or regulation of any jurisdiction, domestic or foreign, or any agreement entered into with or between Authorities.
  • Other Services” shall mean and include such additional offers/benefits/facilities offered by Masraf Al-Islamia, including but not limited to pre-approved loans, offers as an additional facility being a Member of Masraf Al-Islamia at its sole discretion.
  • Quarter” shall mean a financial quarter i.e. April – June, July – September, October – December, January – March in any financial year.
  • Promotional Offer/s” shall mean additional benefits in the form of Promotional Offers provided to the Member(s). These Promotional Offer/s may be brought to Member(s) from time to time based on additional terms and conditions which shall be communicated with such Promotional Offer/s. The Promotional Offers are subject to the variant the savings account, opted by the member and are subject to change from time to time at the sole discretion of Masraf Al-Islamia. The Member shall be responsible for regularly reviewing the terms and conditions including amendments thereto as may be posted on the Website.
  • RBI” shall mean the Reserve Bank of India.
  • Services” shall mean the services provided by Masraf Al-Islamia in connection with the Account and more particularly described in these Terms and Conditions.
  • Website” refers to the website owned, established and maintained by Masraf Al-Islamia at the URL www.masrafalislamia.com.
All references to singular include plural and vice versa, and the word “includes” should be construed as “without limitation”. Words importing any gender include the other gender. Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force. All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these Terms and Conditions. Reference to any law or legislation, regulation, rule shall mean, applicable constitution, statute, law, rule, regulation, ordinance, judgment, order, decree, authorization, or any published directive, guideline, notice, requirement, or governmental restriction, having the force of law in any jurisdiction and include laws as amended from time to time.
These Terms and Conditions form a contract between the Applicant/Member and Masraf Al-Islamia. The Applicant/Member shall apply to Masraf Al-Islamia in the prescribed AOF for opening and operation of the Account and availing of the related Services. By applying for opening the Account, the Applicant/Member acknowledges and agrees that he/she/they have read, understood and accepted these Terms and Conditions and other specific terms and conditions as pertaining to the Account variant opted by the Member, and other products and services availed by the Member. No act, delay, or omission by the Masraf Al-Islamia shall affect its rights, powers, and remedies under these Terms and Conditions and other terms on its Website.

The Account opening formalities are governed by the existing policies of Masraf Al-Islamia and may be revised from time to time. The Applicant/Member(s) will have to submit duly filled AOF (whether in electronic form or in physical form) along with the prescribed set of documents, from time to time, to the satisfaction of Masraf Al-Islamia for the completion of the Know Your Customer (“KYC”) requirements.

 

The Account cannot be opened for business purpose(s). The Customer Application Form (“CAF”) – Savings Account together with the Electronic Application Form (“EAF”), Tariff guide/Schedule of Charges, and these Terms and Conditions and other terms and conditions as available on the Website constitute the account opening documentation for the Account.

 

In case the Account is opened with an account opening cheque, Masraf Al-Islamia reserves the right not to open/activate the Account or close the account in the event the account opening cheque is dishonored for any reason whatsoever.

 

Any transactions undertaken from the Account shall be in compliance with the applicable Law, including the Foreign Exchange Management (FEMA) Act, 1999, and all related rules, regulations, or notifications thereunder.

 

The Member shall provide all particulars and information, including but not limited to taxpayer information, in a true and accurate manner and shall not withhold any information, including if there are any insolvency proceedings initiated against them and if they have ever been adjudicated insolvent.

 

The Member understands that certain particulars given by them are required by Masraf Al-Islamia in accordance with the operational guidelines governing Nidhi companies.

 

The Member shall keep Masraf Al-Islamia informed at all times of any change/alteration in their communication details, including communication address, and authorize Masraf Al-Islamia to update any change/alteration in their communication details, including communication address, that Masraf Al-Islamia may be informed of by them and/or is brought to the notice of Masraf Al-Islamia and hereby authorizes Masraf Al-Islamia to contact the Member on such a changed address.

 

The Member shall provide any further information and updated KYC documents that Masraf Al-Islamia may require from time to time and shall be required to comply with the re-KYC requirements as required by Masraf Al-Islamia from time to time.

 

In the event the address provided in the EAF is different from the address received from UIDAI pursuant to the eKYC, the Member authorizes Masraf Al-Islamia to send all correspondence in relation to the Account on the communication address as updated in the EAF and shall indemnify Masraf Al-Islamia for any loss/damage/liability due to updation of the communication address provided by the Member in the EAF and for sending correspondences at the communication address updated in EAF.

 

In the event the date of birth received from UIDAI during eKYC mentions only the month and the year of birth, the Member authorizes Masraf Al-Islamia to capture in the date of birth field in the EAF as the correct date of birth.

 

The Member represents and confirms that the Member has no insolvency, bankruptcy, liquidation proceedings initiated against him/her/them nor has the Member ever been adjudicated insolvent, bankrupt.

 

The opening of the Account is subject to verification, and Masraf Al-Islamia reserves the right to reject the request of the Applicant to open an Account without providing any reason. In the event where the documents submitted by the Applicants or Members for opening an Account and/or availing the Nidhi’s products and services or for processing the transactions thereon are incomplete or discrepant, Masraf Al-Islamia shall notify such discrepancies and/or certain additional verification/documentation requirements within a reasonable time through emails sent to the email ID of the Member (as provided in the AOF).

 

In case highlighted discrepancies remain unresolved or upon non-receipt of required documents within the stipulated time period, if any, Masraf Al-Islamia shall have the right to reject the AOF of the Applicant and in accordance with its policies and procedures, Masraf Al-Islamia and its group companies shall retain the application forms and documents provided therewith at the time of Account opening, including photographs and will not return the same to the Applicant in case of rejection of the said application. In such an event, the Nidhi shall not be liable to pay interest on the amount of deposit and shall refund the money received, if any, to the source account.

 

The Member herewith agrees to be contacted by the Masraf Al-Islamia to receive information in respect of the Account, its maintenance, alerts, payments due, updates on existing and new products, servicing of Account for sales, marketing, or servicing their relationship with Masraf Al-Islamia Nidhi Limited, its group companies/associates or agents through channels, including but not limited to, telephone/mobile/SMS/e-mail. If the Account is opened basis submission of Permanent Account Number (“PAN”) acknowledgment, the Member has to submit PAN within 90 days from the opening of the Account, failing which the Nidhi reserves the right to close or freeze the operation of the Account. Member also undertakes to provide/inform the Masraf Al-Islamia of any change to the KYC documents provided by them, including change in communication address.

 

The Member further authorizes the Masraf Al-Islamia to update the same in their records. The Member agrees and authorizes the Masraf Al-Islamia to correct any details erroneously entered in the data field in the EAF in accordance with the details mentioned in the CAF/documents submitted to the Masraf Al-Islamia for KYC purposes. In terms with RBI directions, RBI has prohibited Masraf Al-Islamia from dealing in any type of crypto/virtual currencies (“VCs”) or provide services for facilitating anybody in dealing with or settling of VCs including transfer/receipt of money in accounts relating to purchase/sale of VCs. Member hereby declares that he/she shall not deal with any transactions in his/her Account, relating to any type of VCs, including but not limited to, bitcoins.

 

The Member shall not simultaneously hold a Domestic Savings Account or its variants and an NRE/NRO Savings Bank Account or its variants, at any given time. If the Member fails to update his residential status within 30 days from the date of change of his/her residential status or fails/delays to notify the Masraf Al-Islamia, the Masraf Al-Islamia shall have the right to update the residential status in the Member’s Account, as per the residential status available in the most recent Account opened with Masraf Al-Islamia.

 

You shall not simultaneously hold a Domestic Savings Account or its variants and NRE/NRO Savings Bank Account or its variants at any given time.

 

If there is any change in the residential status, you are required to update the same in the existing Savings Account opened with the Nidhi within a period of 30 (thirty) days from the date of change of residential status. You can also submit a written request to the Nidhi to update the residential status. In case you fail or delay updating within 30 (thirty) days from the date of change of residential status, the Masraf Al-Islamia reserves the right to take appropriate action, including closure or freezing of the Account.

Upon the request of Masraf Al-Islamia, the Member(s) agrees to provide appropriate information and/or documents (including the latest/recent photograph/s, identity proof, address proof, profile details of account holder/s, authorized signatories, mandate holders, beneficial owners, etc.) in accordance with the Reserve Bank of India guidelines on Know Your Customer / Anti Money Laundering (“AML”) / Combating of Financing Terrorism (“CFT”) issued under Prevention of Money Laundering Act, 2002 (“RBI Guidelines”) to ensure that any changes/updates in the KYC/profile information of the Members are duly updated in the records of Masraf Al-Islamia.


Masraf Al-Islamia, in compliance with the RBI Guidelines, may make use of communication channels which shall include but not be limited to letters, bank statements, ATM/internet banking. Masraf Al-Islamia may enable various channels through which such information can be communicated to facilitate and ease this process for the Member(s).


The Member(s) agrees and confirms that the details furnished at the time of Account opening are true and correct to the best of his/her/their knowledge and belief, and he/she/they undertake to inform Masraf Al-Islamia of any changes, immediately. In case any information provided by the Member is found to be false or untrue or misleading or misrepresenting, the Member may be held liable for the same.


The Member consents to receiving information from Central KYC Registry through SMS/e-mail on his/her registered mobile number/e-mail.


The member shall not simultaneously hold a Domestic Savings Account or its variants and an NRE/NRO Savings Bank Account or its variants, at any given time.


If the Member fails to update his residential status within 30 days from the date of change of his/her residential status or fails/delays to notify Masraf Al-Islamia, Masraf Al-Islamia shall have the right to update the residential status in the Member’s Account, as per the residential status available in the most recent Account opened with Masraf Al-Islamia.


In compliance with the rule 9B of the Prevention of Money Laundering (Maintenance of Records) Rules, you are required to intimate us if there is any change in your KYC details along with updated documents (i.e. address, contact details, profile, etc.) within a period of 30 days from the date the change was made. Once you intimate us, we will make necessary changes in our records. Any update can be intimated to Masraf Al-Islamia by visiting the nearest Masraf Al-Islamia branch.

The Member(s) agree(s) and confirm(s) that the GST Identification Number (“GSTIN”) provided at the time of Account opening will be the default/primary in case of multiple GSTIN and will be used for charging GST and reporting on the GST Network (“GSTN”) portal, unless otherwise specifically requested by the Member(s) with respect to any transaction.

 

The Member(s) hereby agree(s) and confirm(s) that the information given of GSTIN with respect to the number and billing address to Masraf Al-Islamia at the time of Account opening is correct and Masraf Al-Islamia can update the same in its records.

 

The Member(s) further agree(s) and confirm(s) that the information provided by the Member can be used by Masraf Al-Islamia for the purpose of charging GST and reporting of transactions on the GSTN portal and for other aspects related to it and to reporting to states under the GST act and the applicable rules in this regard, as amended from time to time.

The Account may be opened in the name(s) of:

  • An individual in his/her own name.
  • Two or more persons in their joint names.

All the Accounts maintained in the name of an individual shall be operated in a single name by the individual or the power of attorney holder of such individual. In the case of joint Accounts, the Account shall be operated jointly by the Account holders or by either of the joint-holders as specified in the Account Opening Form or by their power of attorney holders, subject to acceptance by Masraf Al-Islamia Nidhi Limited (hereafter referred to as “Masraf Al-Islamia”).

In joint Accounts, any change in operational instructions with regard to the Account Opening Form must be given by all joint Account holders, regardless of the mode of operation. The primary applicant is authorized by the joint holders to access Internet Banking, Phone Banking, Mobile Banking, and other channels as provided by Masraf Al-Islamia. The joint holders agree that Masraf Al-Islamia shall not be held liable for acting upon the instructions of the primary holder or any errors, liability, negligence, defaults, or omissions that occur due to the aforementioned authorization.

Masraf Al-Islamia may send statements of Account, balance confirmation certificates, cheque books, debit cards, PIN mailers, and other relevant items via courier, post, email, or SMS alerts. It is the responsibility of the member to promptly notify Masraf Al-Islamia of any changes in their demographic information to avoid any issues with the delivery of such items.

Upon receiving the Account statement or passbook, the member is expected to examine the entries and report any errors or omissions to Masraf Al-Islamia within fourteen (14) days from the date of the statement or passbook update.

Members are required to open the Account with a minimum balance as prescribed by Masraf Al-Islamia and maintain a Monthly Average Balance (MAB) as per the specified requirements. Failure to maintain the prescribed MAB may attract charges, which Masraf Al-Islamia has the right to deduct from the member’s Account.

Members confirm receipt of the Tariff Guide/Schedule of charges applicable to services and non-maintenance of MAB. Masraf Al-Islamia may, at its discretion, amend services and charges, with or without notice. The Bank may debit the Account for applicable charges, including debit card charges.

Members are expected to provide PAN or Form 60 or any other document as prescribed by tax authorities for compliance with the Income Tax Rules, 1962.

In the case of a joint Account with the mode of operation as anyone or survivor, either joint holder may create a fixed deposit or recurring deposit. The terms and conditions of such deposits are subject to Masraf Al-Islamia’s policies and will be communicated to the member.

The operation of the Account is subject to all applicable laws. Masraf Al-Islamia is entitled to act in accordance with applicable laws without providing prior intimation to the member. Members agree to comply with all applicable laws at all times.

As per RBI Guidelines, Masraf Al-Islamia will automatically convert a fully KYC compliant Account into a ‘Senior Citizen Account’ when the primary Account holder completes 60 years.

If the member has submitted an Officially Valid Document (OVD) supporting the communication address for opening the Account, an updated OVD with the current communication address must be submitted to Masraf Al-Islamia within 3 months from the Account opening date. Failure to do so may result in appropriate action, including freeze/closure of the Account.

Members authorize Masraf Al-Islamia to issue a debit card and enable provisions of internet banking, phone banking, and mobile banking services on the terms and conditions available on the Website.

In the event of multiple Customer IDs with Masraf Al-Islamia, the Masraf Al-Islamia reserves the right to consolidate the Customer IDs without prior notice to the member.

The Member(s) understand(s) that Masraf Al-Islamia is relying on information provided by the Member(s) in the Account Opening Form (AOF) for determining their status as FATCA/CRS compliant and that Masraf Al-Islamia is not able to offer any tax advice on FATCA/CRS status or its impact.

The Member(s) agree(s) to submit a new form within 30 days if any certification or information in the FATCA/CRS becomes incorrect.

 

(I) Under penalty of perjury, I certify that:

  1. The member is (i) a member taxable as a US person under the laws of the United States of America (”U.S.”) or any state or political subdivision thereof or therein, including the District of Columbia or any other states of the U.S., (ii) an estate the income of which is subject to U.S. federal income tax regardless of the source thereof. (This clause is applicable only if the account holder is identified as a US person) or
  2. The member is taxable as a tax resident under the laws of a country outside India. (This clause is applicable only if the account holder is a tax resident outside of India).
A Member may request for the transfer of his/her Account from one branch to another branch of Masraf Al-Islamia online or by submitting a written request at the Masraf Al-Islamia branch where the Account was opened. The Savings Account and linked fixed deposits, if any, will be transferred to the branch stipulated by the Member within 2 working days from the date of such a request being made.

 

Transactions are entertained during banking hours at the branch where the Account is maintained or at any other Masraf Al-Islamia branches under Any Where Banking (AWB). Masraf Al-Islamia shall not be liable for any delay on any account of failure of connectivity. AWB will not be available on the day(s) when the branch where the Account holder has his/her relationship is closed.

 

Standing instructions are accepted free of charge for transferring funds from the Account to fixed deposits or recurring deposit accounts. Other standing instructions are subject to service charges.

 

Masraf Al-Islamia, in its sole discretion, may restrict the number of withdrawals in the Account.

Masraf Al-Islamia may classify an Account as:

 

  1. Inactive: if there are no Member-induced transactions for 12 consecutive months in the Account.
  2. Dormant: if there are no Member-induced transactions for 24 consecutive months in the Account, i.e. no Member-induced transactions for 12 consecutive months after the Account has become Inactive. ‘Member-induced transactions’ shall mean any credit or debit transactions done by a Member in the Account through the following modes:

     

    • Transactions through cheque
    • Cash or cheque deposit
    • Withdrawal or deposit through an ATM
    • Transaction through the internet
    • Transaction by NEFT
    • Inward/outward bill remittance

Masraf Al-Islamia may, in its sole discretion, deny Services and/or any transactions in the Account of a Member, which has been classified as Inactive or Dormant, as described above.

 

The Member agrees that in accordance with the Depositor Education and Awareness Fund Scheme, 2014, under Section 26A of the Banking Regulation Act, 1949, whereby the amount to the credit of any account in India with any bank which has not been operated upon for a period of ten (10) consecutive years or any deposit or any amount remaining unclaimed for more than ten (10) consecutive years shall be credited to the Depositor Education and Awareness Fund (“DEAF”), on each calendar month from the expiry of the said period of ten (10) years.

 

If for whatever reason the Account has been overdrawn or the Account has a Debit balance, the member will be liable to pay interest and other charges in accordance with Masraf Al-Islamia’s prevalent rates and practices on the amount overdrawn or on the Debit balance. Any temporary overdraft because of single/multiple transaction(s) should not be interpreted as a regular limit in the Account and should be regularized by the member and repaid immediately to continue using the Account. Masraf Al-Islamia reserves the right to set off/transfer money against the outstanding amount payable to the Bank from any other Masraf Al-Islamia Account held by the member.

 

The Member further agrees and undertakes to repay such amounts along with interest and other amounts in accordance with Masraf Al-Islamia’s prevalent rate(s) and practices. The Member hereby further undertakes to service/fulfill any payment/repayment obligations pursuant to any loan/credit facility(ies) availed by the Member, either via Internet Banking or otherwise and disbursed into the Account maintained with the Bank in accordance with the applicable terms and conditions.

The Member may place a request for the issue of demand drafts / pay orders (the “Instrument”) by visiting Masraf Al-Islamia branch or through the Masraf Al-Islamia Customer Care Centre or through such other mode, subject to such terms and conditions, as Masraf Al-Islamia may intimate from time to time. In the event the Member places a request through Masraf Al-Islamia Customer Care Centre, of such an amount as may be intimated by Masraf Al-Islamia, he/she may thereafter collect the same from any Instrument issuing Masraf Al-Islamia branch chosen by the Member on the same day of placing such request or within such time as may be intimated to the Member by Masraf Al-Islamia, failing which the Instrument will be sent to the communication address of the Member last recorded in Masraf Al-Islamia’s records. In such an event, Masraf Al-Islamia shall be at liberty to recover charges for such delivery. Masraf Al-Islamia shall not be responsible for non-delivery or delays in delivery or non-receipt of the Instrument.

 

Masraf Al-Islamia reserves the right to discontinue this service at any time without prior notice to the Member. Masraf Al-Islamia shall have the right to reject the request in the event of insufficient balance at any point in time from the acceptance of the request until dispatch of the Instrument to the Member. Masraf Al-Islamia shall be entitled, at its sole discretion, to accept or reject such requests. The provision of such service shall be subject to such charges as may be applicable, and the Member authorizes Masraf Al-Islamia to recover such charges by debiting the Account.

 

The Member may request for cancellation of the Instrument in the event the request for the issue of the Instrument is placed through Masraf Al-Islamia Customer Care Centre, provided such request for cancellation is placed while the Instrument is still within the possession of Masraf Al-Islamia.

 

If the Instrument is lost or has to be canceled once the same is with the Member or his agent, the request for cancellation shall only be accepted at the Instrument issuing Masraf Al-Islamia branch.

The Member shall be solely responsible for the safe-keeping and the confidentiality of the statements of Account, balance confirmation certificate, cheque books, debit card/credit card and their PINs, user id and passwords relating to internet banking, and such other items relevant or pertaining to the Account.

Cheques, drafts, bills, dividend/interest warrants, and other instruments issued in favor of the Member are accepted for collection on the Member’s behalf. The collection of outstation instruments entails collection charges. Masraf Al-Islamia does not accept any responsibility for loss, delay, mutilation, or interception of the instruments in postal or courier transit. Masraf Al-Islamia does not accept or share any responsibility for the delay in realization of such instruments or for the genuineness, validity, or correctness of the signatures or endorsements thereon. The withdrawals against such instruments are permissible only on realization of proceeds by Masraf Al-Islamia. Any provisional credit allowed at the discretion of Masraf Al-Islamia for an instrument under collection is recoverable with interest if the instrument is returned unpaid. Masraf Al-Islamia has the right to disallow any drawings against such provisional credit (shadow balance).

 

The Member acknowledges that the Member will not derive ownership (or any other rights) over the funds mistakenly or erroneously credited to his/her Account and will not have any rights or claims whatsoever over such funds and is obliged to repay or return such funds forthwith on the Bank requiring the same.

 

Masraf Al-Islamia reserves the right, and the Member hereby authorizes Masraf Al-Islamia, to reverse any entries erroneously passed, with or without notice to/from the Member; and to debit/credit the Account to the extent required to correct any erroneous entries that may have been inadvertently made by Masraf Al-Islamia. Furthermore, the Member hereby provides his/her/their consent to the effect that, in the event of receipt of any claim by Masraf Al-Islamia, claiming erroneous/mistaken credit of funds into the Account, due to any reason, it shall be lawful for Masraf Al-Islamia to reverse such entry by debiting the Account and credit such claimant, subject to such safeguards and measures as Masraf Al-Islamia may deem necessary or appropriate provided, if such claim is made by:

 

A third party Bank, then the Bank shall be entitled to reverse such entry, under due intimation to the Member; or any person/corporate/other third party, then the Bank shall be entitled to reverse such entry after obtaining consent from the Member, and the Member shall not unreasonably withhold or unreasonably delay the consent. Local cheques, etc., may be tendered for collection sufficiently early in the day as required vis-a-vis the local clearing house timings. Withdrawals against clearing cheques will be normally permitted only against cleared balances as per applicable clearing house rules.

 

In cases where a cheque is returned, the amount in respect of which had already been credited to the Account and/or in respect of which withdrawal was permitted, Masraf Al-Islamia will reverse the credit of such amount and debit the amount equal to the amount of the returned cheque. In such cases, if the Account does not have sufficient funds, the outstanding amount shall be deemed to be a temporary overdraft granted to the Member and the Member is bound to repay the amount immediately on demand by the Bank. In debiting the amount as aforesaid, Masraf Al-Islamia would debit the amount credited or the INR amount equivalent to the relevant foreign currency denominated cheque, whichever is higher. The service charges and other charges as applicable will also be levied by Masraf Al-Islamia in such instances.

Charges in connection with the operation of the Account and the Services would be levied at the rates as prescribed on the Website from time to time. Charges will be debited from the Account at such intervals as may be deemed fit by Masraf Al-Islamia.

 

Masraf Al-Islamia will also have the right to set-off the Service charges, charges for non-maintenance of MAB or any wrong credit or late returns reported by the correspondent bank /counter party by debiting the Account, without requirement of providing further notice or seeking additional consent / authorization. In case the balance in the Account becomes overdrawn as a result of such set-off, Masraf Al-Islamia will be entitled to charge interest at such rates as Masraf Al-Islamia may deem fit in its sole discretion, for the period for which the Account remains overdrawn at any time during the maintenance of the Account. In case of any shortfall in the Account or in the event of the closure of the Account, the Member shall be liable to pay the amount outstanding on account of charges / interest or otherwise to Masraf Al-Islamia, forthwith, without demur or protest. Masraf Al-Islamia, at its sole discretion, may levy service charges for the facilities provided by Masraf Al-Islamia, in parts subject to the maximum limit/s as decided by the Bank from time to time.

 

The Member agrees and confirms that in the event any of the Services in connection with the Account are or become liable to tax under the applicable Laws and regulations, the Member shall bear all the taxes or duties (by whatever name called) in connection with such Services and Masraf Al-Islamia is hereby authorized to deduct any such amount from the Account, without the requirement of providing further notice or seeking additional consent/authorization.

 

The Member(s) authorizes the Bank to debit his/her/their Account for opening a fixed deposit /recurring deposit /applying for a feature-based debit card/any other applicable services obtained by me/us from the Bank through various channels.

 

The Member(s) agrees to abide by the Terms and Conditions for fixed deposit and Terms and Conditions for recurring deposit (as applicable) and other terms and conditions as applicable for the respective additional product/service opted by the Member(s) as available on the Website, including but not limited to the charges, interests applicable in relation to the fixed deposit /recurring deposit, charges applicable in case of premature withdrawal of a fixed deposit, insufficient balance in the case of a recurring deposit.

 

In the event of the occurrence of any of the above events, the Member shall receive balance amounts, net of all deductions made as per these Terms and Conditions. The Member shall be intimated at the last address provided by the Member and required to collect all such amounts from Masraf Al-Islamia; in case the Member does not collect the amounts within the time period stipulated by Masraf Al-Islamia in the communication sent to him/her as above, then Masraf Al-Islamia shall send the amounts at the last updated/registered communication address of the Member and will not be liable for any reason whatsoever in the case of non-receipt of such amount/s by the Member or any losses or damages incurred by the Member as a consequence thereof.

 

Masraf Al-Islamia reserves the right to waive or reduce the fees/charges and to withdraw any such benefit at any time without prior notice to the Member and without any liability to Masraf Al-Islamia.

Any transactions on any Sunday or any public holiday may be shown in the Account, at the sole discretion of Masraf Al-Islamia, as having taken place on the previous or subsequent business day of Masraf Al-Islamia. All deductions/accretions of such amount shall be deducted/accrued as of such day.

 

Masraf Al-Islamia shall not be responsible for any loss of interest or liability incurred/suffered by the Member, including but not limited to the return of cheques, loss of interest arising due to such transactions not being shown on the day the same actually occurred.

 

The cheques / drafts / pay orders / other instruments deposited on any day which is a Sunday or public holiday or after the time of clearing for the day is normally effected by Masraf Al-Islamia shall be sent for clearing on the next business day of Masraf Al-Islamia.

Masraf Al-Islamia shall offer, free of cost, to individual Member(s) the option of availing a passbook or a monthly e-mail statement of the Account. In the case of Members other than individuals, a physical monthly statement/e-statement of Account shall be issued free of cost by Masraf Al-Islamia.

 

In addition to the aforesaid, the physical monthly statement of Account for the previous months shall be available to all Member(s) on request, free of cost, at any Masraf Al-Islamia branch. Member(s) shall also be able to view/download the statement of Account from the Website in relation to their Account(s) with Masraf Al-Islamia as per the process prescribed in this regard by Masraf Al-Islamia from time to time.

 

Unless disputed by the Member within fourteen (14) days of mailing of the statement of Account /posting of entries in the passbook of the Member, the same shall be deemed to be accepted by the Member. Masraf Al-Islamia reserves the right to rectify discrepancies in the statement of Account/passbook, if any, at any point in time. If the Member delays in examining the statement of Account/passbook or in reporting a problem or non-error, it may affect Masraf Al-Islamia’s ability to resolve the problem, and the Member shall be liable for the losses that may occur pursuant to the delay.

 

All the statements of Account will be mailed to the Member’s communication address / registered E-mail ID as per Masraf Al-Islamia’s records provided by the Member. Masraf Al-Islamia shall not be responsible for statements of Account lost in mail/post/undelivered. The Member shall be required to contact Masraf Al-Islamia promptly if the statement of Account is not received and request for a duplicate statement of Account if required. At the request of the Member, the statement of Account may be sent to the Member’s e-mail address. Members are required to verify the authenticity of the emails received by them, and Masraf Al-Islamia shall not be liable in the event any statement of Account is received by the Member from fraudulent persons/impostors. Masraf Al-Islamia shall not be liable in the event of any defects or failure in the computer system/network of the Member on account of receipt of email/s by the Member from Masraf Al-Islamia.

 

The statement of Account/s issued to Member(s) in the aforesaid manner shall be deemed to be an invoice/bill/challan issued by Masraf Al-Islamia with respect to the Account(s) of the Member(s) under the applicable law as amended from time to time.

 

Duplicate copies of the statement of Account shall be issued at the request of the Member for a fee, as intimated by Masraf Al-Islamia, from time to time. Ordinarily, duplicate copies of the statement of Account shall be issued only for a period not exceeding 36 months prior to the date of request.

Profit Earnings are calculated on a daily basis on the daily closing balance in the Account, at the rate specified by Masraf Al-Islamia in accordance with Reserve Bank of India directives. The Profit Earnings amount calculated is rounded off to the nearest rupee. With effect from Nov 11, 2023, Profit Earnings will be paid quarterly in March, June, September, and December.
The Member agrees to notify Masraf Al-Islamia promptly if any of the Account holders/joint Account holders or authorized signatory of the Account dies or is declared incompetent by a court. Masraf Al-Islamia may place a freeze on the Account and stop all operations when any of the joint Account holders or authorized signatories dies or is declared incompetent. Masraf Al-Islamia may retain the freeze on the Account until it establishes the identity and credentials of the successor/beneficiary to the satisfaction of Masraf Al-Islamia.
Nomination facility is available for the Account in the names of individuals. Only one nominee is permissible for an Account and the nomination is to be made by the Member duly witnessed by a third person in cases of accounts opened with the Member’s thumb impression. The Member should ensure that he/she gets/is given the acknowledgment as per the nomination rules framed by Reserve Bank of India. The Member is at liberty to change the nominee, through declaration in the appropriate form/in the manner stipulated by Masraf Al-Islamia to revise the nomination during the maintenance of the Account with Masraf Al-Islamia.

Masraf Al-Islamia actively recommends that all Members avail the nomination facility. The nominee, in the event of the death of the Member(s), would receive the balance outstanding in the Account. Nomination facility is intended only for individual Account holders. This is also applicable to deposits having operating instructions “Either or Survivor.” It may be noted that in the case of a joint Account, the nominee’s right would arise only after the death of all the holders.

 

Masraf Al-Islamia may retain any and all funds in the Account until it establishes the identity and credentials of the successor(s) to its sole satisfaction, and Masraf Al-Islamia reserves the right to demand and inspect requisite documentation in this regard, including a succession certificate and/or a duly probated will. In case the Account is a joint account, the Member agrees that in the event of death, insolvency, or withdrawal of any one or more of the Account holders, the then surviving holders shall have full control of the monies then and thereafter standing to the credit of the Account and shall be entitled to withdraw the same and shall be fully liable for any liabilities that may arise by reason of their being holders of the Account and hold the same in trust for the other survivor/survivors/legal heirs of the deceased Member, provided there is no order from a competent court restraining Masraf Al-Islamia from making any payment from the Account of the deceased Member and/or there is any dispute among the survivor or survivors or legal heirs. Without prejudice to the foregoing, in the event of the death of a Member, Masraf Al-Islamia reserves the right to pursue all courses available to it under Law and equity at its discretion to recover any amounts that are payable to Masraf Al-Islamia, from the survivors/heirs/executors/administrators of the Member.

The Member undertakes and authorizes Masraf Al-Islamia, its group companies to exchange, share or part with all the information, data or documents and to make references and inquiries which Masraf Al-Islamia/its group companies consider necessary in respect of or in relation to his/her application/further applications to other Masraf Al-Islamia group companies/banks/financial institutions/credit bureaus/agencies/statutory bodies/tax authorities/central information bureaus/such other persons as Masraf Al-Islamia/its group companies may deem necessary or appropriate as may be required for the use or processing of the said information/data by such person/s or furnishing of the processed information/data/products thereof to other banks/financial institutions/credit providers/users registered with such persons/credit bureaus/agencies/statutory bodies/tax authorities/central information bureaus and shall not hold Masraf Al-Islamia/its group companies liable for the use of this information.

 

The Member agrees and confirms that the credit information bureaus and/or any other agency may use and process the said information and data disclosed by Masraf Al-Islamia to them, in the manner as deemed fit by credit information bureaus and/or any other agency. Further, the Member also confirms and permits the credit information bureaus and/or any other agency to furnish for consideration the processed information and data or product thereof prepared by them to the banks/financial institutions and/or any credit grantors or registered users as may be specified by the RBI in this behalf or any other applicable Law.

 

Data held by the Masraf Al-Islamia relating to Members will be kept confidential but the Masraf Al-Islamia may, at its sole discretion, provide such information to the categories of persons set out below. The Member and/or the borrower hereby irrevocably authorizes the Masraf Al-Islamia to disclose, as and when the Masraf Al-Islamia is required to do so by applicable Law or when the Masraf Al-Islamia regards such disclosure as necessary or expedient (including but not limited to disclosures for the purpose of credit review of any account or the facility of the Member and/or the borrower with the Masraf Al-Islamia or any Masraf Al-Islamia whether singly or jointly with others or otherwise), any information relating to the Member, his account(s) or other assets or credit facilities whatsoever held on the Member’s behalf to:-

 

the head office of Masraf Al-Islamia, any of its affiliates, group companies, subsidiaries or its holding company, branch offices in any jurisdiction or third parties (“Permitted Parties”) engaged by the Masraf Al-Islamia for any such services/operations including but not limited to centralize or outsource its data processing and other administrative operations;
the agents and independent contractors of the Permitted Parties who are under a duty of confidentiality to the Permitted Parties, have the same degree of confidentiality obligations as is agreed between the Permitted Parties and the Masraf Al-Islamia;
any actual or potential participant or sub-participant in, or assignee, novatee or transferee (or any agent or adviser of any of the foregoing);
any rating agency, insurer or insurance broker of, or direct or indirect provider of credit protection to any Permitted Party;
any court, tribunal, regulatory, supervisory, governmental or quasi-governmental authority with jurisdiction over the Permitted Parties.
auditors, professional advisers and any other person(s) under a duty of confidentiality to the Permitted Parties;
vendors, installers, maintainers or service providers of the Permitted Parties’ computer systems;
any exchange, market, or other authority or regulatory body having jurisdiction over the Permitted Parties, its head office or any other branch of the Permitted Parties or over any transactions effected by the Member or the borrower or for the Member’s or the borrower’s account including but not limited to NPCI, CKYC, UIDAI, RBI, Enforcement Directorate (“ED”), police authorities;
any party lawfully authorized by law to make such demand or request;
any person with whom the Masraf Al-Islamia contracts or proposes to contract with regard to the sale or transfer or sharing of any of its rights, obligations or risks under the Terms and Conditions;
any person (including any agent, contractor or third-party service provider) with whom the Masraf Al-Islamia contracts or proposes to contract with regard to the provision of Services in respect of the Member’s or the borrower’s account(s) or facilities (as the case may be) or in connection with the operation of the Masraf Al-Islamia’s business;
any person employed with or engaged as an agent by, the Masraf Al-Islamia or its head office or affiliates, including any relationship officers, whether in India or elsewhere, for the purposes of or in connection with interactions with the Members or providing Services to the Members or the borrower’s or processing transactions pertaining to the Members’ or the borrower’s Accounts or facilities;
in case of a wire transfer to the beneficiary bank to whom the transfer is being made. a drawee bank providing a copy of a paid cheque (which may contain information about the payee) to the drawee;
a person making payment into the Account (by providing a copy of a deposit confirmation slip which may contain the name of the Member);
credit reference agencies and, in the event of default, debt collection agencies;
any person to whom the Masraf Al-Islamia is under an obligation to make disclosure under the requirement of any law binding on the Masraf Al-Islamia or any of its branches.
The Member hereby irrevocably authorizes Masraf Al-Islamia to extract their call records or related information as may have been disclosed by us with/to any third-party service providers in relation to services/facilities offered to them by such third-party service providers on account of existing banking relationship with Masraf Al-Islamia.

 

From time to time, it will be necessary for Members to supply the Masraf Al-Islamia with data in connection with the opening or continuation of Accounts or the provision of banking facilities and services. Failure to supply such data may result in the Masraf Al-Islamia being unable to provide any of the above services or facilities. It is also the case that data is collected from Members in the ordinary course of the banking relationship, for example, when Members write cheques, deposit money, or apply for credit. This includes information obtained from credit reference agencies.

 

The purpose(s) for which Member data may be used are as follows:

the processing of applications for, and the daily operation of the services and credit facilities provided to Members;
conducting credit checks (including without limitation upon an application for consumer credit and upon periodic review of the credit) and data verification;
assisting other financial institutions to conduct credit checks and collect debts;
ensuring the ongoing creditworthiness of Members;
designing financial services or related products for Members’ use;
marketing financial services or related products to Members;
determining the amount of indebtedness owed to or by Members;
creating and maintaining the Masraf Al-Islamia’s credit and risk-related models;
collection of amounts outstanding from Members and bills providing security for Members’ obligations;
meeting the requirements to make disclosure under the requirements of any law, rule, regulation, order, ruling, judicial interpretation or directive (whether or not having the force of law) applicable to Masraf Al-Islamia and its agents and affiliates;
enabling an actual or proposed assignee of the Masraf Al-Islamia, or participant or sub-participant of the Masraf Al-Islamia’s rights in respect of the Member to evaluate the transaction intended to be the subject of the assignment, participation, or sub-participation;
any other purposes permitted by Law; and
For facilitating the processing of salary and other related services for the purpose of credit of salary to the customer’s salary account.
purposes relating to any of the above.
Any Member with an account or service with any branch of Masraf Al-Islamia located outside India hereby agrees to provide on a voluntary basis all his/her/their personal and account information and records to the Masraf Al-Islamia which, together with any information generated or received by the Masraf Al-Islamia, may be collected and kept by the Masraf Al-Islamia (including any agent or subcontractor appointed by the Masraf Al-Islamia) in any country (as the Masraf Al-Islamia may consider appropriate) for the purposes of the Masraf Al-Islamia maintaining its relationship with the Member and offering or providing services on accounts or investments made with or through the Masraf Al-Islamia or other future services or products used by the Masraf Al-Islamia to carry out matching procedures whether or not for the purpose of taking adverse action against the Member(s) or maintain a credit history (whether or not the relationship with the Masraf Al-Islamia is terminated) for the Masraf Al-Islamia’s present or future reference.

 

The Member and/or the borrower hereby agrees and consents that the Masraf Al-Islamia shall be entitled, in connection with the Member’s or the borrower’s application for any Account, facilities or Services provided by the Masraf Al-Islamia, or during the course of the Member’s or the borrower’s relationship with the Masraf Al-Islamia, to obtain and procure information pertaining to the Member or the borrower or any of his/her/its accounts, legal or financial position from whatever sources available to the Masraf Al-Islamia.

 

Data may be transferred overseas pursuant to the provisions of this clause.

 

The information disclosed pursuant to this clause may be subject to further disclosure by the recipient to other parties in accordance with the Laws of the country in which the recipient is located. Such laws may be wider in scope and implemented under less restrictive terms than would otherwise be the case in India due to the difference in applicable laws and regulations.

Masraf Al-Islamia shall have the absolute discretion to amend or supplement any of the Terms and Conditions at any time. Masraf Al-Islamia may communicate the amended Terms and Conditions by hosting the same on the Website or in any other manner as decided by Masraf Al-Islamia. The Member shall be responsible for regularly reviewing these Terms and Conditions, including amendments thereto, as may be posted on the Website.

 

Masraf Al-Islamia shall have the absolute discretion to amend or supplement any of the Terms and Conditions and/or terms and conditions/Schedule of Charges/Tariff Guides stipulated by Masraf Al-Islamia and/or its affiliates pertaining to the Accounts and/or to any services/facilities offered by Masraf Al-Islamia and/or its affiliates in relation to the Account at any time and shall give prior notice of one month (except for a change in interest rates) by hosting the same on the Website or in any other manner as decided by Masraf Al-Islamia. The Member shall be responsible for regularly reviewing these Terms and Conditions and the terms and conditions stipulated by Masraf Al-Islamia and/or its affiliates, including amendments thereto, as may be posted on the Website/notice board at the branches. Such amended Terms and Conditions and terms and conditions/Schedule of Charges/Tariff Guides stipulated by Masraf Al-Islamia and/or its affiliates will thereupon apply to and be binding on the Member at the expiry of one month from the date of notice.

 

If, in the opinion of the Member, the changes are to his/her disadvantage, the Member may opt to close the Account and/or stop using any services/facilities offered by Masraf Al-Islamia and/or its affiliates at any time in relation to the Account by intimating Masraf Al-Islamia of the same.

 

By continued usage of your Account and allied services, the Member shall be deemed to have accepted the changed Terms and Conditions and any new terms and conditions/Schedule of Charges/Tariff Guides stipulated by Masraf Al-Islamia and/or its affiliates.

The Account and the Services provided to the Member are not transferable under any circumstance and shall be used only by the Member. However, Masraf Al-Islamia shall have the right to transfer, assign, or sell all its rights, benefits, or obligations to any person, and these Terms and Conditions shall continue to be in force and effect for the benefit of the successors and assigns of Masraf Al-Islamia.

Masraf Al-Islamia shall contact the Member at the latest address, telephone number, or electronic mail address (if any) that has been provided to Masraf Al-Islamia by the Member. Masraf Al-Islamia requires to be informed at the earliest if there is a change in name, any changes in the address or electronic mail address, or make any other changes relevant to the Account. The Member will be responsible for any loss or damage that may occur for not keeping Masraf Al-Islamia updated on such particulars.

 

Unless requested otherwise, Masraf Al-Islamia will contact only the joint account holder named first in the Bank’s records, subject to any legal and regulatory requirements. The first named account holder is responsible for passing information that Masraf Al-Islamia sends to the other account holders.

 

Communications between Masraf Al-Islamia and a Member may be effected through electronic means as follows:

(a) Documents sent by electronic means will contain all the information as printed hard copy version with the possible exception of graphic insertions such as photographs or logotypes.

(b) Electronic delivery may be in the form of an email, an attachment to an email, or in the form of provision of a link to the Website from which a document could be downloaded.

(c) Masraf Al-Islamia will be deemed to have fulfilled its legal obligation to deliver to the user any document if such document is sent via electronic means.

(d) If the Member fails to advise Masraf Al-Islamia of any difficulty in opening the document within 24 hours of receiving it, Masraf Al-Islamia shall consider this as an acceptance of the document.

(e) Masraf Al-Islamia may, with the consent of the Member, communicate with the Member through the telephone for servicing the existing products availed by the Member and to offer new products, and such communication shall not be in breach of any existing do not call guidelines; as may be applicable in the jurisdiction(s) governing Masraf Al-Islamia and the Member.

(f) General communication of information from Masraf Al-Islamia to all Members as a whole or to any sub-group of Members may, if Masraf Al-Islamia acting reasonably considers it appropriate, be effected by means of publication of a notice on the Website, or by the putting of prominent notices on Masraf Al-Islamia’s premises.

(g) Unless otherwise agreed or specified herein, any notice or other communication may be delivered to the Member personally.

(h) Any writ, summons, or other process may be served upon the Member by posting the same to the Member’s address, and the same shall be deemed to be good service upon the Member. The foregoing shall not, however, preclude Masraf Al-Islamia from effecting the service of process in any other manner permitted by law.

(i) All notices in connection with the Services or the Account by the Member to Masraf Al-Islamia shall be in writing and sent to the registered office address as provided in the terms and conditions, and all notices shall be deemed to be received by Masraf Al-Islamia only upon acknowledgment of receipt of the same in writing by Masraf Al-Islamia.

The Member agrees to adhere to and comply with all such terms and conditions as Masraf Al-Islamia may prescribe from time to time and hereby agrees and confirms that all transactions/Services effected by or through facilities for conducting remote transactions, including the Website, Masraf Al-Islamia Customer Care Centre, worldwide web, electronic data interchange, teleservice operations (whether voice, video, data, or a combination thereof), or by means of electronic, computer, automated machines network, or through other means of telecommunication, established by or on behalf of Masraf Al-Islamia, for and in respect of the Account, or Masraf Al-Islamia’s other products and services, shall constitute legally binding and valid transactions when done in adherence to and in compliance with Masraf Al-Islamia’s terms and conditions for such facilities, as may be prescribed from time to time. Unless otherwise instructed, the nomination submitted by the Member in the EAF/CAF shall also apply for any fixed deposit/recurring deposit/deposit availed/booked by the Member through Internet Banking and/or Mobile Banking channels, as applicable.
The Member agrees that Masraf Al-Islamia shall not be liable for executing any instructions Masraf Al-Islamia receives through telephone, facsimile, or other forms of electronic communication, including but not limited to registered email IDs. The Member further agrees to keep Masraf Al-Islamia indemnified from and against all claims either by the Member or any other, actions, demands, liabilities, costs, charges, damages, losses, expenses, and consequences of whatever nature (including legal fees on a full indemnity basis) and howsoever arising, which may be brought or preferred against Masraf Al-Islamia or that Masraf Al-Islamia may suffer, incur, or sustain by reason of or on account of Masraf Al-Islamia having so acted whether wrongly or mistakenly or not or of Masraf Al-Islamia failing to act wholly or in part in accordance with the instructions. However, in the event of issues arising out of unauthorized electronic banking transactions, the Member understands that Masraf Al-Islamia will follow the Member Relationship Policy, as available at https://www.masrafalislamia.com/code-of-commitment/, for resolving such issues. The Member agrees to have read and understood the same and shall keep themselves aware of the changes to the Member Relationship Policy.
No failure or delay by Masraf Al-Islamia in exercising any right, power, or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any other right, power, or privilege. The rights and remedies of Masraf Al-Islamia, as stated herein, shall be cumulative and not exclusive of any rights or remedies provided by Law.

The Member hereby agrees that the Member shall, at their own expense, indemnify, defend and hold harmless Masraf Al-Islamia from and against any and all liability or any other loss that may occur, arising from or relating to the operation or use of the Account or the Services or breach, non-performance or inadequate performance by the Member of any of these Terms and Conditions or the acts, errors, representations, misrepresentations, misconduct or negligence of the Member in performance of their obligations.

 

The Member agrees to indemnify Masraf Al-Islamia against any fraud, loss or damage suffered by Masraf Al-Islamia due to providing of any incorrect information or failure to communicate any change in such particulars/information or provide true and updated documents. The Member further agrees to indemnify the Masraf Al-Islamia against any negligence or misconduct, any negligence on the part of the Member by sharing payment credentials, delay in notifying the Masraf Al-Islamia of any unauthorized electronic banking transaction, or exercising the Masraf Al-Islamia’s right of set-off, combination, consolidation, lien or any other right.

 

Under no circumstances shall Masraf Al-Islamia be liable to the Member for any indirect, incidental, consequential, special or exemplary damages in connection with the Account or the Services or the Other Services.

 

The Member shall indemnify and keep indemnified Masraf Al-Islamia as the collecting banker for any loss or damage which Masraf Al-Islamia may incur or suffer by guaranteeing any endorsement or discharge on a cheque, bill, or other instrument presented for collection, and such guarantee as given by Masraf Al-Islamia shall be deemed to have been given in every case at the Member’s express request.

 

The Member shall keep Masraf Al-Islamia indemnified at all times against, and save Masraf Al-Islamia harmless from all actions, proceedings, claims, losses, damages, costs, interest (both before and after judgment), and expenses (including legal costs on a solicitor and client basis) which may be brought against or suffered or incurred by Masraf Al-Islamia in resolving any dispute relating to the Account with Masraf Al-Islamia or in enforcing Masraf Al-Islamia’s rights under or in connection with these Terms and Conditions contained herein, or which may have arisen either directly or indirectly out of or in connection with Masraf Al-Islamia performing its obligations hereunder or accepting instructions, including but not limited to, fax and other telecommunications or electronic instructions, and acting or failing to act thereon.

 

If any sum due and payable by the Member is not paid on the due date, including without limitation any moneys claimed under this clause, the Member shall be liable to pay interest (both after as well as before any judgment) on such unpaid sum at such rate or rates as Masraf Al-Islamia may from time to time stipulate from the date payment is due up to the date of payment.

 

The Member shall solely be responsible for ensuring full compliance with all the applicable Laws and regulations in any relevant jurisdiction in connection with their Account with Masraf Al-Islamia and shall indemnify and keep indemnified Masraf Al-Islamia from all actions, proceedings claims, losses, damages, costs and expenses (including legal costs on a solicitor and client basis) which may be brought against or suffered or incurred by Masraf Al-Islamia in connection with any failure to comply with any such applicable Laws/regulations by the Member.

 

The indemnities as aforesaid shall continue notwithstanding the termination/closure of the Account.

Neither the Masraf Al-Islamia nor any of its agents, employees or servants shall be responsible or liable in any way for any direct or consequential loss suffered by the Member, its agents, employees, or servants in any of the following situations:

 

as a result of taking or omitting to take any action pursuant to any orders or instructions given or appearing to the Masraf Al-Islamia (acting in good faith) to have been given by the Member or its duly authorized representative(s) or any person whom the Masraf Al-Islamia believes to be the Member or its duly authorized representative(s), save in the case of wilful default or gross negligence; in respect of the authenticity, regularity, validity, or value of any documents handled by the Masraf Al-Islamia on the Member’s behalf or the correctness of any translation or the interpretation of any terms appearing in any such documents; for any failure to take, or delay in taking, any action required to be taken hereunder in the event that and to the extent that the taking of such action is prevented or delayed by war (whether declared or not and including existing wars), revolution, insurrection, fire, explosion, stoppage of labour, strikes, or other disputes with employees, laws, regulations, orders, or other acts of any governmental authority, or any other cause whatsoever beyond the Masraf Al-Islamia’s control; for any loss or damage sustained by the Member resulting directly or indirectly from its reliance on any statement of account or balance confirmation certificate which the Member has, or is deemed to have, verified to be correct at the time of Account/relationship opening; if, for any reason beyond the Masraf Al-Islamia’s control, the operation of the Member’s Account or the Masraf Al-Islamia’s ability to account to the Member for any monies in the Member’s Account is restricted or otherwise affected; if the value of the funds credited to the Member’s Account shall diminish due to taxes, deductions, withholdings, imposts, or depreciation; if the Member is unable to obtain payment of funds from their Account(s) due to restrictions on convertibility, involuntary transfers, foreign exchange controls, distraints of any character, or any other causes whatsoever which are beyond the Masraf Al-Islamia’s control whether arising in India or in any place in which the Masraf Al-Islamia has deposited such funds; computer breakdown, mechanical failure or malfunction, interruption of services, cloning, or similar duplication of the Member’s cards, any debit, credit, charge card, or any other card issued by the Masraf Al-Islamia (“Masraf Al-Islamia Card”), material alteration of withdrawal requests, theft or loss of Masraf Al-Islamia Card, disclosure of passwords, or other reasons of any kind whatsoever through no fault of the Masraf Al-Islamia; if the Masraf Al-Islamia refuses to honour any withdrawal request whether over the Masraf Al-Islamia’s counter, through the use of electronic services, or by any other means in circumstances where it is legally entitled to do so; the exercise by the Masraf Al-Islamia of any of the Masraf Al-Islamia’s rights under these Terms and Conditions; arising out of the Masraf Al-Islamia honouring orders drawn on, and orders accepted and presented for payment against, any Account (whether or not such Account is in credit) or complying with any other directions given regarding Accounts, which orders, directions, and receipts are signed by the Member or the joint Account holders or in the Masraf Al-Islamia’s good faith determination appear to the Masraf Al-Islamia to be signed by the Member or the joint Account Holders; arising out of delays in connection with any security processes performed by the Masraf Al-Islamia for fraud detection or anti-money laundering purposes or for legal and regulatory compliance; or Masraf Al-Islamia shall not be liable for any failure to perform any obligation contained in these Terms and Conditions or for any loss or damage whatsoever suffered or incurred by the Member howsoever caused and whether such loss or damage is attributable (directly or indirectly) to any dispute or any other matter or circumstances whatsoever.

 

Under no circumstances shall the Masraf Al-Islamia be liable to the Member for any indirect, incidental, consequential, special or exemplary loss or damages in connection with the Account or the Services.

Masraf Al-Islamia reserves the right, at any time and from time to time, with or without notice, to cancel, withdraw, suspend, vary, change, add to, or supplement any of the services and facilities offered to Members hereunder. When new services or facilities are introduced, supplemental terms and conditions governing such services may be introduced and notified to Members in writing. Unless otherwise provided, the Member shall be deemed to have accepted and agreed to be bound by such terms and conditions upon the utilization of such services or facilities.

The Member shall not create or permit to subsist, any encumbrance or third-party interest over or against any account(s), including but not limited to the Account with Masraf Al-Islamia, or any monies lying therein without Masraf Al-Islamia’s express prior written consent.

Masraf Al-Islamia shall have the paramount right of set-off and lien, irrespective of any other lien or charge, present as well as future, on all the deposits held/balances lying in any Account of the Member, whether in single name or joint name(s), to the extent of all amounts payable by the Member arising as a result of any of Masraf Al-Islamia’s services extended to and/or used by the Member or as a result of any other facilities that may be granted by Masraf Al-Islamia to the Member. Masraf Al-Islamia is entitled without any notice to the Member to settle any indebtedness whatsoever owed by the Member to Masraf Al-Islamia, whether actual or contingent, or whether primary or collateral, or whether joint and/or several, including without limitation indebtedness under any indemnity given by the Member to Masraf Al-Islamia hereunder or under any other document/agreement, by adjusting, setting-off any deposit(s) and transferring monies lying to the balance of any Account(s) held by the Member with Masraf Al-Islamia, notwithstanding that the deposit(s)/balances lying in such Account(s) may not be expressed in the same currency as such indebtedness. Masraf Al-Islamia’s rights hereunder shall not be affected by the Member’s bankruptcy, insolvency, death, or winding-up.

 

In addition to Masraf Al-Islamia’s rights of set-off, lien, or any other right which it may at any time be entitled to whether by operation of law, contract or otherwise, the Member authorizes Masraf Al-Islamia:

    • To combine or consolidate at any time all or any of the accounts and liabilities of the Member with or to any branch or office of Masraf Al-Islamia Nidhi Limited (whether in India or elsewhere); and
    • To apply, set-off, or transfer at any time (without prior notice to the Member) any credit balance (whether or not then due) to which the Member is at any time beneficially entitled (whether singly or jointly) on any account, in the Member’s name or jointly with any other person, with any branch or office of Masraf Al-Islamia Nidhi Limited (whether in India or elsewhere) towards the satisfaction of any or all of the Member’s liabilities (whether such liabilities be present or future, actual or contingent, primary or collateral, or several or joint) under the Terms and Conditions or for the Member’s account(s) or under the terms of any other facilities that may be granted by Masraf Al-Islamia to the Member.

In respect of a joint Account, Masraf Al-Islamia shall be entitled to set-off any sums standing to the credit of such joint account against the debit balance in other accounts which may be held by one or more holders of such joint Account.

 

Masraf Al-Islamia shall not be under any obligation to exercise any of its rights under this clause.

 

The above-mentioned rights of Masraf Al-Islamia are without prejudice to the obligations of the Member to pay to Masraf Al-Islamia when due all its indebtedness and without prejudice to any other rights that Masraf Al-Islamia may have against the Member for recovery of outstanding from the Member to Masraf Al-Islamia.

 

Masraf Al-Islamia shall be entitled to withhold payments out of the Account or dishonour the Member’s cheque/instructions in case any amounts outstanding from the Member to Masraf Al-Islamia are not paid when due.

The laws of India shall govern these Terms and Conditions. The Member and Masraf Al-Islamia hereby agree that any legal action or proceedings arising out of the Terms and Conditions shall be brought in the courts or tribunals at Hyderabad in India and irrevocably submit themselves to the jurisdiction of such courts and tribunals. Masraf Al-Islamia may, however, in its absolute discretion, commence any legal action or proceedings arising out of the Terms and Conditions in any other court, tribunal, or other appropriate forum, and the user hereby consents to that jurisdiction.

 

Any provision of these Terms and Conditions, which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the Terms and Conditions or affect such provision in any other jurisdiction.
In the event that the Member constitutes more than one person, all obligations and liabilities of the Member under these Terms shall be joint and several for all parties constituting the Member. Any instructions, authorizations, representations, and warranties given or made by the Member in cases where the Member constitutes more than one person shall be deemed to be jointly and severally given or made and be binding on all such persons.


In the event that conflicting instructions or authorizations are received by the Masraf Al-Islamia from more than one person constituting the Member, the Masraf Al-Islamia shall have the right to act on the first set of instructions or authorizations received or on the instructions of all account holders or not to act at all until any difference in the instructions or authorizations between the persons constituting the Member is resolved to the satisfaction of the Masraf Al-Islamia.
Masraf Al-Islamia will not be liable for any losses caused by its inability or delay in providing all/any service or fulfilling any of its obligations either wholly or in part, caused by/in connection with any force majeure events including but not limited to restrictions on convertibility, transferability, requisitions, hacking, involuntary transfers, riot, disturbance, strikes, lock-outs, epidemic, pandemic, bandhs, war, civil strife, burglary, theft, dacoity, accident, hacking, technical fault (including problems related to computers), accessories, software, printers, fax machines, internet, telephone system, and such related hardware & software beyond the control of Masraf Al-Islamia. It also includes breach of trust by any authorized persons, flood, fire, earthquake, act of God, act of any Government, change in regulation/law, and other allied acts of regulatory/statutory nature or if the performance of such obligation or provision of such service would result in the breach of any law, regulation, or other requirement of any government, other authority, any other restriction, requisition, or other circumstances/events beyond the control of the Masraf Al-Islamia.

 

Masraf Al-Islamia will not provide any service/facility or perform any of its obligations during the period where the Masraf Al-Islamia’s performance is affected by force majeure conditions. The Masraf Al-Islamia will not be responsible for any loss or damage caused to the member due to non-compliance with instructions. When such failure is caused due to reasons beyond the control of the Masraf Al-Islamia, the opinion of the Masraf Al-Islamia will be final.

Masraf Al-Islamia reserves the right to close or freeze the Account(s), or terminate the banking relationship with a Member, after due notice to the Members at the Member’s last known/updated address without assigning any reason therefor and without any liability.


Notwithstanding and without prejudice to clause XXXVIIII(i), in the following circumstances, the Masraf Al-Islamia may and without any liability close/freeze the Account upon giving the Member due notice or no notice at all (if the Masraf Al-Islamia considers in good faith such abridgment of notice to be necessary or reasonable) for reasons which may include, but not limited to, the following:


In case of the Member’s failure to comply with any provision of these Terms and Conditions or to pay to the Masraf Al-Islamia any sum lawfully due to the Masraf Al-Islamia for any reason. In case the Masraf Al-Islamia becomes aware of the death, insanity, or incapacity of the Member or any signatory. In case any of the documents furnished towards identity and address proof is found to be fake/forged/defective. The Account opening cheque is returned unpaid for financial reasons/signature not matching. In case fraudulent/forged/fake cheques/bank drafts or any such instruments are attempted to be cleared/cleared through the Account. In case of frequent returns of inward/outward cheques in the Account. In case a debit balance for reasons, including but not limited to, non-repayment in case of facilities offered by Masraf Al-Islamia, where repayment is to be made through the Member’s Account; reversal of wrong credit; any temporary overdraft granted to the Members by the Masraf Al-Islamia in relation to any facility or otherwise, etc., is allowed to continue for more than 90 days in the Account. Improper conduct of the Account in terms of volume/type of transactions. For unsatisfactory conduct of the Account (including but not limited to failure to update KYC, the use of the Account for any unlawful or unethical purpose). Notices from any statutory authority, regulatory authority, order from any court, tribunals, governmental authority, etc. For any other reasons as the Masraf Al-Islamia deems fit with prior notice to the Member.


The Members shall be solely liable for the return of cheques/dishonoring of any instruments consequent to such closure and all costs/charges arising out of such closure/freezing of the Account(s).


Upon closure of the Account(s) for any of the reasons specified above or otherwise, the Member shall take steps to collect any balance amount in the Account, if any, and until such time the Member collects such amounts, Masraf Al-Islamia reserves the right to keep such amounts in a special office account without any interest being payable on the same. To the extent that there is a debit balance, the Member shall remain liable to pay the amount to the Masraf Al-Islamia together with interest, and service charges in accordance with the Masraf Al-Islamia’s prevailing standard procedures.


Masraf Al-Islamia reserves the right, to close the Account with or without any further notice:


In case the Account is in a debit balance for more than 12 months (6 months w.e.f May 1, 2010) due to reasons, including but not limited to, non-maintenance of MAB, annual fees for Debit/ATM cards, ATM card interchange charges, etc. In case the account is in inoperative/dormant status w.e.f April 1, 2018. In accordance with RBI guidelines on DEAF. In case he/she is found to undertake/deal in any type of VC. In case of any credit balances in the account, the Member can approach the branch for activation of the Account and claim the credit balance available in his/her account.

By agreeing to these Terms and Conditions, the Member(s) has/have consented that they have been provided various options by Masraf Al-Islamia for establishing the Member’s identity/address proof for Account opening and have voluntarily submitted their Aadhaar to Masraf Al-Islamia. The Member hereby consents that they have no objection to authenticating themselves with Aadhaar-based Authentication system or verify the genuineness of the Aadhaar through Quick Response (QR) code or through such other manner as set out by UIDAI or any other law from time to time.

 

The Direct Benefit Transfer (“DBT)” linked Account of the Member shall be used for receiving Government payment across schemes under Section 7 of the Aadhaar Act, 2016 that they are eligible for and/or any other payment using the Aadhaar-based information.

 

By agreeing to these Terms and Conditions, the Member(s) have agreed that they have been explained about the nature of information that may be shared upon authentication and they have been given to understand that their information submitted to Masraf Al-Islamia herewith shall not be used for any purpose other than mentioned above or as per requirements of law. Also, the Member(s) declare/s that all the information voluntarily furnished by them to Masraf Al-Islamia are true, correct, and complete.

 

Member hereby gives consent to use/exchange or share their Aadhaar number, Aadhaar/identity information for the registration of client information or for any other purpose with UIDAI, ED, NPCI, CKCY, KRA, CERSAI, and with any other authority or regulatory body or as per requirements of law.

  • Equity Share Issuance: As per the provisions of the Nidhi Rule 2014, the Masraf Al-Islamia shall issue one Equity Share with a minimum value of Rs. 10/- to each member upon opening a savings account. For members opening a Fixed Deposit account, the Masraf Al-Islamia shall issue Ten Equity Shares, each with the same value as mentioned in the terms and conditions.
  • Share Certificate Cancellation: In the event of the closure of a savings or fixed deposit account or the cancellation of membership, the member understands and agrees that the associated share certificate(s) issued by the Masraf Al-Islamia shall be automatically canceled. The cancellation of the share certificate(s) is in accordance with the Masraf Al-Islamia’s compliance with the Nidhi Rule 2014.
  • Non-Transferability: The Equity Shares issued by the Masraf Al-Islamia are non-transferable. Members are prohibited from transferring, selling, or assigning their Equity Shares to any third party.
  • Compliance with Regulations: Members acknowledge that the issuance and cancellation of Equity Shares are in compliance with the Nidhi Rule 2014, and any amendments thereof, governing Nidhi companies.
  • Indemnity:The member agrees to indemnify and hold the Masraf Al-Islamia harmless from any claims, liabilities, or losses arising out of the issuance, cancellation, or non-transferability of Equity Shares as per the terms outlined in this clause.
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