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| Accounts & Deposits | Cards | NRI Services |
| Recurring Deposit | Debit Cards | NRI - Home Loans |
| Young Stars Account | NRI - Deposits | |
| Senior Citizen Account | Investments | Money Transfer |
| Loans | Forex / Gold | Corporate |
| Home Loans | ||
| Car Loans | Demat | |
| Commercial Vehicle Loans | ||
| Personal Loans | ||
| Construction Equipment Loans | ||
| Loan Against Securities | ||
Terms and Conditions
I. Terms & Conditions for establishing relationship and Operating Accounts (For Resident Individuals) 1. Establishing a Relationship 1.1 Applicant(s) desiring to open a Relationship need(s) to sign a Relationship form and declare therein that he/she/they has/have agreed to abide by the rules which are in force from time to time. 1.2 Applicant is required to furnish Identity Proof and Address proof as follows while establishing a banking relationship with the Bank :
Identity Proof
Proof
of communication address
1.3 As per extant Reserve Bank of India (RBI) guidelines, which are mandatory, photographs of all applicant(s)/Power of Attorney holders (i.e. who are authorised to operate the account(s) under the Relationship) should be furnished to the Bank. 1.4 As per extant Government of India (GOI) guidelines, PAN No. / Form 60/61 (where PAN No. is not available) is required to be furnished for opening a Relationship. 1.5 Each Relationship with a customer is represented by a Customer Identification No. (Cust. ID) which is for the present, branch specific. For e.g. a Relationship in single name is different from a Relationship in joint names. Each combination of Relationship is distinct and unique and hence is identified by a separate Cust. ID. 1.6 Nomination facility is available for Relationship in the names of individuals. Unless otherwise specifically, given in writing by depositors, nomination in deposit accounts will be at Cust. ID. level. Depositor(s) however has/have the right to specify different nominations at account level by completing appropriate forms. Further, the applicant(s) is/are at liberty to change the nominee, through declaration in the appropriate form to revise the nomination during the currency of the Relationship accounts with the Bank. 2. Operating Accounts 2.1 An individual in his/her own name. 2.2 Two or more
persons in their joint names. 2.3 In case of joint accounts, any change in operational instructions or any other information with regard to the Relationship form is to be given by all the joint account holders irrespective of the mode of operation. 2.4 The Bank will be sending through courier or post from time to time to the mailing address furnished by the applicant, statements of account, balance confirmation certificate, cheque books, Debit cards, various PIN mailers and such other items. Hence, it is incumbant upon the applicant(s) to intimate change in mailing address, if any, immediately without any loss of time. The bank will not be responsible for any loss, damage or consequences for wrong delivery of the above items arising out of non-intimation of change in mailing address. 2.5 The customer identification
number is common for all accounts opened in the same name and style,
in addition to unique account number for each account. Customer
identification number, once allotted, needs to be quoted while opening
any further accounts in the same style. The Cust. ID and account
number is to be quoted in pay in slips/cheques issued by the account
holder and in all correspondence. Account holders will be provided
with monthly Statement of Account. 2.6 A minimum deposit is prescribed for opening any account under a relationship. A minimum average balance during a quarter is also required to be maintained in savings and current accounts. Failure to maintain the prescribed average minimum balance may attract service charges.
3.1 Cheque books will be couriered directly to the mailing address given by the applicant provided all formalities are completed. Subsequent cheque books can be requisitioned through the requisition leaf available in the cheque book subject to satisfactory conduct of the account. Cheque books are issued free of cost, however, Bank reserves the right to recover the cost of the cheque book requisitioned . 3.2 Alterations, if any, on cheques are required to be authenticated by the drawer’s signature against each such alteration. The Bank reserves the right to refuse payment of cheques that have been altered in any way unless the alteration is authenticated by the drawer under full signature as per specimen on record with the Bank. Cheques should be drawn in such a way as to prevent alteration after issue and the drawer’s signature should be uniform with that on record. 3.3 The Bank records instructions from the drawer regarding cheques lost, stolen, etc., but cannot guarantee against loss in the event of such a cheque being paid. Service charge is recovered for handling such countermanding instructions.
4.1 When a customer wants his/her operative account at one branch to be transferred to another branch, he/she has to give his/her request in writing along with, ATM/Debit card, unused cheque books. The bank will close the account and arrange to open a new account at the other branch and will issue new cheque book, new ATM/debit card, etc. 4.2 Transactions are entertained normally during banking hours at the branch where the Relationship is maintained or at any other ICICI Bank Branches under Any Where Banking (AWB). Bank will not be liable for any delay on any account of failure of connectivity. Also this service (AWB) will not be available on the day(s) when the branch where the account holder has his/her Relationship, is closed. 4.3 If a cheque issued by a customer is required to be returned for insufficient balance in the account or for being in excess of arrangements, a penalty/charge is levied. Similarly, if any cheque deposited by the customer is returned unpaid, service charge is recovered. 4.4 No overdrawing is permissible in accounts . 4.5 Standing instructions are accepted free of charge for transferring funds from Savings account to Fixed deposit or Recurring deposit accounts. Other standing instructions are subject to service charges.
5.1 Cheques, drafts, bills, dividend / interest warrants and other instruments issued in favour of customers are accepted for collection on account holders’ behalf. Collection of outstation instruments entails collection charges. The Bank does not accept any responsibility for loss, delay, mutilation or interception of the instruments in postal or courier transit. The Bank does not accept or share any responsibility for realisation of such instruments or for the genuineness, validity or correctness of the signatures or endorsements thereon. Withdrawals against such instruments are permissible only on realisation by the Bank. 5.2 The Bank has the authority to debit the accounts to recover any amount credited erroneously. 5.3 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 clearing house rules.
6.1 The Bank reserves the right to close Relationship or account(s), which according to the Bank, is/are not conducted satisfactorily, after due notice to the customers without assigning any reasons thereof. 6.2 Service charges would be as levied per Bank's rules from time to time. 7.1 The Bank reserves to itself the right to alter, delete or add any of these rules at any time without prior intimation to individual customers or to refuse to open an account or to close any account. 1.1 Natural guardian (father or widowed mother or Court appointed Guardian) can open a Savings account on behalf of a minor with moneys belonging to the natural guardian. In special cases the Bank reserves the right to open Savings Bank account on behalf of a minor by the mother. 1.2 Savings account cannot be opened for business purposes. 1.3 Number of withdrawals in Savings account is restricted to 150 per annum. 2.1 Depositors are advised to keep the cheque books / statement of accounts in a place of safety to ensure against misuse, contributing to negligence. 2.2 Duplicate statements are issued at the request of the customer for a fee. Ordinarily, duplicate statements are issued only for a period not exceeding 36 months prior to date of request. 3.1 Interest is paid on the minimum credit balance maintained between the 10th day and last day of each calendar month in Savings accounts at the rate in force in accordance with RBI directives. Interest so calculated is rounded off to the nearest rupee, ignoring fractions of a rupee. Interest is paid every half year in September and March. 3.2 No interest is currently payable on the balance maintained in a current account in acceptance with RBI directives. 1.1 The effective date of Fixed Deposit shall be the date on which the bank gets funds to its account. No Fixed Deposit Receipt is issued in anticipation of realisation of the cheque. 2.1 Fixed deposits are accepted with auto-renewal facility at periodicity as opted by the depositors. 3. Fixed Deposit Receipt / Memorandum of Deposit 3.1 Fixed Deposit Receipt or Memorandum of Deposit will be issued to account holder as may be decided by the Bank from time to time for customer convenience. 4.1 Tax at source is deducted as applicable from the interest on fixed deposit, as per Income Tax Act, 1961. 5. Payment of Interest on Fixed Deposit 5.1 Interest on fixed deposits is reckoned/paid at quarterly intervals, at the rates applicable at the time of acceptance as the case may be, in accordance with RBI directives. 6. Premature closure of Fixed Deposits.... 6.1 In the event of the Fixed Deposit being closed before completing the original term of deposit, interest will be paid at the rate applicable on the date of deposit for the period for which the deposit has remained with the Bank. The deposit may be subject to penal rate of interest as prescribed by the Bank on the date of deposit.
IV. ICICI Bank Salary Accounts 1.1 It is the responsibility
of the customer to ensure that he has read and understood the "terms
and conditions" under which the Salary Accounts scheme is offered
to the corporate V. Terms and conditions for the issue and use of ICICI Bank ATM cards.
VI. Terms and conditions for the issuance and usage of ICICI Bank Debit Cards DEFINITIONS: "The Bank" refers to ICICI Bank Limited. "Card" refers to the ICICI Bank NCash Debit Card issued to the Cardholder. "Cardholder" refers to a customer of the Bank to whom a Card has been issued and who is authorized to hold the Card. "Merchant Establishment" shall mean establishments wherever located which honor the Card and shall include, among others, stores, shops, restaurants, hotels and airline organizations advertised as honoring the Card. "Merchant" means any person who owns or manages or operates a Merchant Establishment. "PIN" means the Personal Identification Number allocated to the Cardholder by the Bank or chosen by the Cardholder/ Bank from time to time, in relation to the Card. BENEFITS OF CARD: The Cardholder can access cash, make payments at Merchant Establishments and ascertain information about his Account balance through the use of the Card at ATMs/ POS devices. The equivalent in the currency in which the Cardholder's Account is held, along with processing charges. conversion charges fees if any charged as per VISA regulations for such transactions shall be debited to the Cardholder's Account held at the Bank in India. The Card is valid for use at ATMs and Merchant Establishments in India and abroad. However, the Card is not valid for payment in foreign exchange at Merchant Establishments in India, Nepal and Bhutan. The Card is valid up to the last working day of the month indicated on the Card. PERSONAL IDENTIFICATION NUMBER: To enable the Cardholder to use the Card, a Personal Identification Number (PIN) will l be issued to him. Subject to the certain provisions, the Cardholder will not hold the Bank liable in case of improper/ fraudulent! unauthorized/ duplicate/erroneous use of the Card and/or the PIN through the Card falling in the hands of any third party or through the PIN coming to the knowledge of any third party. LOST OR STOLEN CARDS: If a Card is lost or stolen, the Cardholder must file a report with the local police and send a copy of the same to the Bank. The Cardholder may report a Card loss over the telephone to any of the Bank's 24-Hour Customer Care Centres or by way of written communication or by fax to his branch of the Bank. If the Cardholder loses his Card overseas, he may either follow the above procedure or may report the loss through the VISA Global Emergency Assistance (VGEA) helplines; the charges for the usage of such services shall be borne by the Cardholder. The Cardholder is responsible for the security of the Card and shall take all steps towards ensuring the safekeeping thereof. In the event the Bank determines that the aforementioned steps are questionable, financial liability on the lost or stolen Card would rest with the Cardholder. SURRENDER/REPLACEMENT OF CARD: The Card issued to the Cardholder shall remain the property of the Bank and will be surrendered to the Bank, on request. The Cardholder shall return the Card to the Bank for cancellation in the event the services are no longer required by the Cardholder or if the services are withdrawn by the Bank for any reason whatsoever. The Bank, may, in its absolute discretion issue a replacement Card or PIN or both on the same terms and conditions or such other terms and conditions as the Bank may deem fit. Subject to the foregoing provisions, the Cardholder will not hold the Bank liable incase of improper/fraudulent/unauthorized/duplicate/erroneous use of the Card and/or the PIN through the Card falling in the hands of any third party or through the PIN coming to the knowledge of any third party. TERMINATION: The Cardholder may discontinue this facility anytime by a written notice to the Bank accompanied by the return of the Card cut into two diagonally. The Cardholder shall be liable for all charges incurred, up to the receipt of the written notice duly acknowledged. The Bank shall be entitled to discontinue this facility at any time by cancelling the Card with or without assigning any reason whatsoever and by giving seven day's notice. The notice shall be deemed to have been received the Cardholder within seven days of posting to the Cardholder's address in India last notified in writing to the Bank. USAGE GUIDELINES: The Cardholder shall at all times ensure that the Card is kept at a safe place and shall under no circumstances whatsoever allow the Card to be used by any other individual. The Cardholder will sign the Card immediately upon receipt. The Cardholder will be responsible for all facilities granted by the Bank and for all related charges and shall act in good faith in relation to all dealings with the Card and the Bank. The Bank reserves the right to change the types of transactions supported without any notice to the Cardholder. MULTIPLE ACCOUNTS: The Cardholder agrees that in case he has multiple accounts with the Bank, the Bank will decide the number of accounts which will have the Card facility on them. In case of Cards linked to multiple Accounts, transactions at Shared Networks and Merchant Establishments will be affected only on the Primary Account. The Bank will debit the Accounts linked to the Card for the value of all purchases of goods or services, cash, fees, charges and payments payable by the use of the Card. All Transactions will be reflected in the Account Statement of the Account(s) which are linked to the Card. ATM USAGE: The Card is operable with the help of the confidential PIN at ATM locations. All Transactions conducted with use of the PIN will be the Cardholder's responsibility. The Cardholder agrees that he will be allowed to withdraw/ purchase only a certain amount of cash everyday irrespective of the credit balance in the Account(s). MERCHANT LOCATION USAGE: The Card is acceptable at all Merchant Establishments in India and abroad which display the logos of the Bank/VISA and which have a POS terminal. The Card is for electronic use only. The Cardholder must sign a Sales Slip whenever the Card is used at a Merchant Establishment and should retain his copy. The amount of the transaction is debited from the Primary Account linked to the Card immediately. The Card should not be used for any mail order/phone order/internet purchases and any such usage will be considered as unauthorized and the Cardholder will be solely responsible. DETAILS OF APPLICABLE FEES AND CHARGES
TERMS AND CONDITIONS: The Cardholder shall be deemed to have unconditionally agreed to and accepted these Terms and Conditions by signing the Card application form, or acknowledging receipt of the Card in writing, or by signing on the reverse of the Card, or by performing a transaction with the Card or by requesting activation of the Card to the ICICI Bank 24-Hour Customer Care Centre or after 10 days have elapsed since the Card was dispatched to his address on record. These Terms and Conditions will be in addition to and not in derogation of the Terms and Conditions relating to any account of the cardholder. The Bank may also make a change without notice if the change is necessary to maintain or restore the security of the electronic system or equipment used for the Card Transactions, The Cardholder will be notified within 30 days if such a change is made, unless disclosure would jeopardize the security of the electronic system or equipment.
1. Definitions : In this document the following words and phrases shall have the meanings as set below unless the context indicates otherwise: "ACCOUNT(S)" refers to the User's bank account and/ or credit card account and/ or home loan account and/ or automobile loan account and/ or consumer durable loan account and/ or any other type of account (each an "Account" and collectively "Accounts", so maintained with ICICI Bank or any Affiliate which are eligible Account(s) for operations through the use of Internet Banking. One of these Accounts will be designated as the Primary Account and all other Accounts (if any) of the User referred to as Secondary Account(s). "AFFILIATE" of ICICI Bank shall mean and include any company which is the holding company or subsidiary of ICICI Bank, or any person under the control of or under common control with ICICI Bank. For the purpose of this definition of Affiliate, "control" together with grammatical variations when used with respect to any Person, means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise howsoever; and "Person" means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever; "ICICI BANK" refers to ICICI Bank Limited, a company incorporated under the Companies Act, 1956 and licensed as a bank under the Banking Regulation Act, 1949 and having its registered office at Landmark, Race Course Circle, Vadodara 390 007 and corporate office at ICICI Bank Towers, Bandra Kurla Complex, Mumbai 400 051. "INTERNET BANKING" refers to the internet banking service offered by ICICI Bank which provides to the User services such as enquiry about balance in his Account, details about transactions in the Account(s), statement of Account, transfer of funds and other services as ICICI Bank may decide to provide from time to time. The availability/non-availability of a particular service shall be advised through email, web page of ICICI Bank or written communication. "PERSONAL INFORMATION" refers to the information provided by the User to ICICI Bank. "TERMS" refer to terms and conditions herein for use of Internet Banking. "USER" refers to a customer of ICICI Bank and the Affiliates authorised to use Internet Banking. In case of the User being a minor, the guardian of such minor shall be permitted to use Internet Banking. In this document all references to the User being referred in masculine gender shall be deemed to include the feminine gender. 2. Applicability of TERMS : These Terms form the contract between the User and ICICI Bank for Internet Banking. The User shall apply to ICICI Bank in the prescribed form for use of Internet Banking. ICICI Bank shall be entitled at its sole discretion to accept or reject such applications. By applying for Internet Banking for the first time, the User acknowledges and accepts these Terms. Notwithstanding anything contained herein, all terms and conditions stipulated by the Affiliates pertaining to the Accounts shall continue to apply. 3. Internet Banking Service : For the purpose of availing Internet Banking, the User would need to be a current Internet user or have legal access to the Internet. ICICI Bank will advise from time to time the Internet software such as browsers which are required for using Internet Banking. There will be no obligation on ICICI Bank to support all the versions of these Internet software. 4. Unauthorised Access : The User shall take all necessary precautions to prevent unauthorized and illegal use of Internet Banking and unauthorized access to the Accounts provided by Internet Banking. 5. Internet Banking Access : The User would be allotted an Internet Banking User-id and a set of secret passwords by ICICI Bank in the first instance. The User will be required to change the password assigned by ICICI Bank on accessing Internet Banking for the first time. As a safety measure, the User shall change the password as frequently thereafter as possible. In addition to User-id and password ICICI Bank may, at its discretion, advise the User to adopt such other means of authentication including but not limited to digital certification and/ or smart cards. The User shall not attempt or permit others to attempt accessing the Account information stored in the computers of ICICI Bank through any means other than the Internet Banking. 6. Internet Banking Password : The User unconditionally undertakes to have Internet Banking password of such number of letters/digits as may be notified by ICICI Bank from time to time and ensure that the same is kept confidential; and to not let any unauthorised person have access to the internet while the User is accessing the Internet Banking. If the User forgets the Internet Banking password, the User may request for the issue of a new password by sending a written request to ICICI Bank and this shall not be construed as the commencement of a new contract. The User agrees and acknowledges that ICICI Bank shall in no way be held responsible or liable if the User incurs any loss as a result of information being disclosed by ICICI Bank regarding his Account(s) or carrying the instruction of the User pursuant to the access of the Internet Banking and the User shall fully indemnify and hold harmless ICICI Bank and the Affiliates in respect of the same. The User shall maintain the secrecy of all information of confidential nature and shall ensure that the same is not disclosed to any person voluntarily, accidentally or by mistake. 7. Joint Accounts
: In case of Joint Accounts,
financial transactions through the Internet Banking, will be available
if the mode of operation is indicated as 'either or survivor' or
'anyone or survivor'. The User desirous of using the Internet Banking
should either be the Account holder and sole signatory or authorised
to act independently in case of a joint account. For such joint
accounts, one User-ID and password for Internet Banking will be
issued to each of the joint account holders when requested. The
other joint account holders shall expressly agree with the arrangement
and give their consent on the application form for use of Internet
Banking. In case of joint accounts operated by more than one User,
ICICI Bank shall act on the instruction received first and any subsequent
instruction shall be neglected. All correspondence will be addressed
to the first named person only. All transactions arising from the
use of Internet Banking in the joint account shall be binding on
all the joint account holders, jointly and severally. 8. Charges : ICICI Bank reserves the right to charge and recover from the User service charge for providing the Internet Banking. The User hereby authorises ICICI Bank to recover the service charge by debiting one of the Accounts of the User or by sending a bill to the User who will be liable to make the payment within the specified period. Failure to do so shall result in recovery of the service charge by ICICI Bank in a manner as ICICI Bank may deem fit along with such interest, if any, and/or withdrawal of the Internet Banking without any liability to ICICI Bank. 9. Maintenance Of Sufficient Balance : The User shall ensure that there are sufficient funds (or prearranged credit facilities) in the Account for operations through the Internet Banking, and ICICI Bank shall not be liable for any consequences arising out of its failure to carry out the instructions due to inadequacy of funds and/or credit facilities provided always that ICICI Bank shall at its sole discretion, be entitled to carry out the instructions notwithstanding such inadequacy without seeking the prior approval from or notice to the User and the User shall be responsible to repay with interest the resulting overdraft, advance or credit thereby created and for all related to costs and charges. 10. Funds Transfer Through Internet Banking : The User shall not use or attempt to use the Internet Banking for funds transfer without sufficient funds in the relative Account or without a pre-existing arrangement with ICICI Bank for the grant of an overdraft. ICICI Bank will endeavour to effect funds transfer transaction received through Internet Banking subject to availability of sufficient funds in the Account. ICICI Bank shall specify from time to time the limit for carrying out various kinds of funds transfer or any other services through Internet Banking. The said facility will be provided in accordance with the arrangement between ICICI Bank and the Affiliates and as per conditions specified by ICICI Bank from time to time. ICICI Bank shall not be liable for any omission to make all or any of the payments or for late payments due to circumstances beyond its reasonable control. 11. Authority
to ICICI Bank for Internet Banking : The User irrevocably
and unconditionally authorises ICICI Bank to access all his Account(s)
for effecting banking or other transactions performed by the User
through the Internet Banking. The instructions of the User shall
be effected only after authentication of the User in accordance
with the prescribed procedure Clause 6 for Internet Banking. ICICI
Bank shall have no obligation to verify the authenticity of any
transaction received from the User other than by these means of
verification. The read-out, the faxed /email output or the printed
output, if any, that is received by the User at the time of operation
of the Internet Banking is a record of the operation of the computer
by the User and shall be accepted as conclusive and binding for
all purpose. All the records of ICICI Bank generated by the transactions
arising out of the use of the Internet Banking, including the time
the transaction recorded shall be conclusive proof of the genuineness
and accuracy of the transaction. While ICICI Bank and the Affiliates
shall endeavour to carry out the instructions promptly, they shall
not be responsible for any delay in carrying on the instructions
due to any reason whatsoever, including due to failure of operational
systems or any requirement of law. 12. Instructions : All instructions for operating the Internet Banking shall be given through computer by the User in the manner indicated by ICICI Bank. The User is also responsible for the accuracy and authenticity of the instructions provided to ICICI Bank and/or Affiliates and the same shall be considered to be sufficient to operate the Internet Banking. ICICI Bank shall not be required to independently verify the instructions, an instruction is effective unless countermanded by further instructions. ICICI Bank shall have no liability if it does not or is unable to stop or prevent the implementation of the initial instruction. Where ICICI Bank considers the instructions to be inconsistent or contradictory it may seek clarification from the User before acting on any instruction of the User or act upon any such instruction as it deems fit. ICICI Bank state that they have no liability or obligation to keep a record of the instructions to provide information to the User or for verifying User's instructions. ICICI Bank may refuse to comply with the instructions without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any instruction and have the right to suspend the operations through the Internet Banking if it has reason to believe that the User's instructions will lead or expose to direct or indirect loss or may require an indemnity from the User before continuing to operate the Internet Banking. 13. Accuracy of Information : The User is responsible for the correctness of information supplied to ICICI Bank for use of the Internet Banking. ICICI Bank accepts no liability for the consequences arising out of erroneous information supplied by the User. If the User notices an error in the information supplied to ICICI Bank either in the application form or any other communication, he shall immediately advise ICICI Bank which will endeavour to correct the error wherever possible on a "reasonable efforts" basis. 14. Liability of the User and ICICI Bank : Neither ICICI Bank nor the Affiliates shall be liable for any unauthorised transactions occurring through the Internet Banking and the User hereby fully indemnifies and holds ICICI Bank and the Affiliates harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. ICICI Bank shall under no circumstance be held liable to the User if the Internet Banking is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of ICICI Bank. Under no circumstances shall ICICI Bank be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the User or by any other person. Illegal or improper use of the Internet Banking shall render the User liable for payment of financial charges as decided by ICICI Bank or will result in suspension of the operations through the Internet Banking. 15. Indemnity : In consideration of ICICI Bank providing the User the Internet Banking, the User shall indemnify and hold ICICI Bank and/or the Affiliates, as the case may be, including both their officers, employees and agents, indemnified against all losses and expenses on full indemnity basis which ICICI Bank may incur, sustain, suffer or is likely to suffer in connection with ICICI Bank or Affiliates' execution of the User's instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason of providing a service through Internet Banking for any action taken or omitted to be taken by ICICI Bank and /or the Affiliates, its officers, employees or agents, on the instructions of the User. The User will pay ICICI Bank and /or the Affiliates such amount as may be determined to be sufficient to indemnify it against any such, loss or expenses even though they may not have arisen or are contingent in nature. 16. Disclosure of Information : The User agrees that ICICI Bank and/or Affiliates or their contractors may hold and process his Personal Information and all other information concerning his Account(s) on computer or otherwise in connection with the Internet Banking as well as for analysis, credit scoring and marketing. The User also agrees that ICICI Bank may disclose, in strict confidence, to other institutions, such Personal Information as may be reasonably necessary for reasons inclusive of but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for credit rating by recognised credit scoring agencies, for fraud prevention purposes. 17. Change of Terms : ICICI Bank shall have the absolute discretion to amend or supplement any of the Terms at any time and will endeavour to give prior notice of fifteen days for such changes wherever feasible. Such change to the Terms shall be communicated to the User. By using any new services as may be introduced by ICICI Bank, the User shall be deemed to have accepted the changed Terms. 18. Non-Transferability : The grant of Internet Banking to a User is not transferable under any circumstance and shall be used only by the User. 19. Termination of Internet Banking : The User may request for termination of the Internet Banking any time by giving a written notice of at least 15 days to ICICI Bank. The termination shall take effect on the completion of the fifteenth day. The User will remain responsible for any transactions made through the Internet Banking until the time of such termination. ICICI Bank may withdraw or terminate the Internet Banking anytime either entirely or with reference to a specific service or User; or in case of breach of Terms by the User without a prior notice; or if it learns of the death, bankruptcy or lack of legal capacity of the User. Clause 13 & 16 shall survive the termination of the Internet Banking for any reason whatsoever. 20. Notices : Notices under these Terms may be given by ICICI Bank and the User in writing by delivering them by hand or by sending them by post to the last address given by the User and in the case of ICICI Bank to its corporate office address as set out herein above. In addition, ICICI Bank may also publish notices of general nature, which are applicable to all Users in a newspaper or on its web site located at www.icicibank.com. Such notices will have the same effect as a notice served individually to each User. Notice and instructions will be deemed served 7 days after posting or upon receipt in the case of hand delivery, cable, telex or facsimile. 21. Governing Law : These Terms and/or the operations in the Accounts of the User shall be governed by the laws of India. The Parties hereby agree that any legal action or proceedings arising out of the Terms for Internet Banking shall be brought in the courts or tribunals at Mumbai in India and irrevocably submit themselves to the jurisdiction of such courts and tribunals. ICICI Bank may, however, in its absolute discretion, commence any legal action or proceedings arising out of the Terms for Internet Banking in any other court, tribunal or other appropriate forum, and the User hereby consents to that jurisdiction. Any provision of the Terms for Internet Banking 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 or affect such provision in any other jurisdiction. 22. Applicability To Future Accounts : ICICI Bank and the User agree that if the User opens further Accounts with/subscribes to any of the products/services of ICICI Bank or any of the Affiliates, and ICICI Bank extends the Internet Banking to such Accounts or products or services and the User opts for use thereof, then the Terms shall automatically apply to such further use of the Internet Banking by the User. 23. General : The clause headings herein are for only for convenience and do not affect the meaning of the relative clause. ICICI Bank may sub-contract and employ agents to carry out any of its obligations under this contract. Internet Banking service would be available to the Users in certain cities only and during timings specified by ICICI Bank from time to time and transactions would be carried out on the same day or on the next working day depending upon the time of logging of the transaction. The User would have to ensure that the telephone he uses meets the criteria. All costs incurred by the User including telecommunication costs to use the Internet Banking would be borne by the User. 24. Assignment : ICICI Bank shall be entitled to sell, assign, securitise or transfer ICICI Bank's right and obligations under the Terms and any security in favour of ICICI Bank (including all guarantee/s) to any person of ICICI Bank's choice in whole or in part and in such manner and on such terms and conditions as ICICI Bank may decide. Any such sale, assignment, securitisation or transfer shall conclusively bind the User and all other persons. The User, his heirs, legal representatives, executors, administrators and successors are bound by the Terms. However, the User shall not be entitled to transfer or assign any of his rights and obligations hereunder. 25. Right of set-off and Lien : ICICI Bank shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future, on the deposits held in the Account(s) or in any other account, whether in single name or joint name(s), to the extent of all outstanding dues, whatsoever, arising as a result of the Internet Banking extended to and/ or used by the User. 26. Proprietary Rights : The User acknowledges that the software underlying the Internet Banking as well as other Internet related software which are required for accessing Internet Banking are the legal property of the respective vendors. The permission given by ICICI Bank to access Internet Banking will not convey any proprietary or ownership rights in such software. The User shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying Internet Banking or create any derivative product based on the software.
VIII. Rules and Regulations for Auto Invest Account deposit scheme.
IX. Terms & Conditions Governing the use of The Mobile Banking Service provided by ICICI Bank Limited
1. Definitions : In this document the following words and phrases have the meaning set below unless the context indicates otherwise: "Accounts" shall mean the Customer's bank accounts and / or Credit Card Account and /or any other type of account so maintained with any Affiliate for which the Facility is offered (each an "Account" and collectively "Accounts"); "Affiliates" shall
mean and include: "Customer" shall mean a Customer of ICICI Bank or of an Affiliate. "ICICI Bank" shall mean ICICI Bank Limited, a banking company incorporated under the Companies Act 1956 and licensed as a bank under ICICI Banking Regulation Act, 1949. "Mobile Banking" or "the Facility" shall mean the ICICI Bank 's mobile banking facility which provides the Customer services such as information relating to Account(s) of the Customer, details about transactions and such other services as may be provided on the Customer's mobile telephone account by ICICI Bank from time to time.
"Personal Information" shall mean the information about the Customer obtained in connection with the Facility. "Website" refers to www.icicibank.com or any other website as may be notified by ICICI Bank from time to time. In this document all reference to Customer in masculine gender shall be deemed to include the feminine gender. 2. Applicability
of Terms and Conditions Application for the Facility made by use of ICICI Bank Phone Banking or ICICI Bank Internet Banking services shall be accepted only after authentication of the Customer by means of verification of TPIN/ password allotted by ICICI Bank to the Customer or through any other mode of verification as may be stipulated in the terms governing ICICI Phone Banking or ICICI Bank Internet Banking, or in the absence of any terms, at the discretion of ICICI Bank. The Facility shall be activated after a minimum of 2 working days from the date of receipt of the application on the Website or at the call centre. In case of application submitted on the printed format, the Facility shall be activated after a minimum of 7 working days from the date of receipt of the application at Operations cell, Mumbai. These terms and conditions together with the application made by the Customer and as accepted by ICICI Bank shall form the contract between the Customer and ICICI Bank, and shall be further subject to such terms as ICICI Bank may agree with any other third party providing such services to ICICI Bank which shall facilitate providing of the Facility by ICICI Bank to the Customer. These terms and conditions shall be in addition to and not in derogation of the terms and conditions governing ICICI Bank Phone Banking, ICICI Bank Internet Banking and relating to any Account of the Customer and /or any other product/services provided by ICICI Bank and its Affiliates. The Facility shall be in addition to services as currently provided via ICICI Bank Phone Banking and ICICI Bank Internet Banking. 3. Authorised Customer The Customer desirous
of using the Facility should both be the account holder and sole
signatory or be authorised to act independently. In case of joint
accounts, the instructions of the primary account holder authorising
the Customer to use the Facility would be required. All or any transactions
arising from the use of the Facility in the joint account shall
be binding on all the joint account holders, jointly and severally.
An account in the name of the minor, in which a minor is a joint
account holder or any account where the mode of operation is joint,
is not eligible for the Facility. ICICI Bank shall endeavor to provide to the Customer through the Facility, such services as ICICI Bank may decide from time to time. ICICI Bank reserves the right to decide what services may be offered to a Customer on each Account and such offers may differ from Customer to Customer. ICICI Bank may also make additions / deletions to the services offered through the Facility at its sole discretion. Only those Accounts opened with the Affiliates of ICICI Bank and attached to the respective Customer's ID will be accessible through the Facility. The Facility is made available to the Customer at his request, at the sole discretion of ICICI Bank and may be discontinued by ICICI Bank at any time, without notice. ICICI Bank reserves the right to offer the Facility for those Customers who are availing the services of specific cellular service providers only. The Facility is currently available to only to resident Indian Customers with Accounts with ICICI Bank's branches in India. ICICI Bank shall have the discretion to offer the Facility to Non Resident Indians subject to applicable laws. The access of the Customer to the Facility shall be restricted to Customer availing of the Facility on the specific Mobile Phone Number registered with ICICI Bank for the Facility. The Customer shall not disclose his PIN, if any allotted by Bank, to any person or write / record it at any place whereby some other person can come to know his PIN. In case the Customer fails to follow / adhere to this, he shall be solely responsible for consequences arising thereon. The instructions of the Customer shall be effected only after authentication of the Customer by means of verification of the mobile number of the Customer and/or through verification of TPIN/ password allotted by ICICI Bank to the Customer or through any other mode of verification as may be stipulated at the discretion of ICICI Bank. ICICI Bank shall endeavor to carry out the instructions promptly provided that ICICI Bank, shall not be responsible for the delay in carrying out the instructions due to any reason whatsoever including failure of operational system or due to any requirement of law 5. Authority to ICICI Bank for Mobile Banking The Customer irrevocably and unconditionally authorises ICICI Bank to access all his Accounts for effecting banking or other transactions of the Customer through the Facility. 6. Records All records of ICICI Bank generated by the transactions arising out of use of the Facility, including the time of the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transactions. The authority to record the transaction details is hereby expressly granted by the Customer to ICICI Bank. 7. Instructions All instructions for availing the services under the Facility shall be provided through the Mobile Phone Number of the Customer in the manner indicated by ICICI Bank. The Customer is also responsible for the accuracy and authenticity of the instructions provided to ICICI Bank and the same shall be considered to be sufficient for availing of the services under the Facility. Where ICICI Bank considers the instructions to be inconsistent or contradictory it may seek clarification from the Customer before acting on any instruction of the Customer or act upon any such instruction as it may deem fit. The Customer and ICICI Bank shall have the right to suspend the services under the Facility if ICICI Bank has reason to believe that the Customer's instructions may lead to direct or indirect loss or may require an indemnity from the Customer before continuing to operate the Facility. The Customer accepts that all information /Instructions will be transmitted to and /or stored at various locations and be accessed by personnel of ICICI Bank (and its affiliates). ICICI Bank is authorised to provide any information or details relating to the Customer or to third party to facilitate the providing of the Facility and so far as is necessary to give effect to any instructions. 8. Accuracy of Information The Customer undertakes that the Customer shall provide accurate information wherever required and shall be responsible for the correctness of information provided by him to ICICI Bank at all times including for the purposes of availing of the Facility. ICICI Bank shall not be liable for consequences arising out of erroneous information supplied by the Customer. If the Customer suspects that there is an error in the information supplied by Bank to him, he shall advise ICICI Bank as soon as possible. ICICI Bank will endeavor to correct the error wherever possible on a best effort basis. While ICICI Bank and its Affiliates will take all reasonable steps to ensure the accuracy of the information supplied to the Customer, ICICI Bank and its Affiliates shall not be liable for any inadvertent error, which results in the providing of inaccurate information. The Customer shall hold ICICI Bank harmless against any loss, damages etc. that may incurred / suffered by the Customer if the information supplied to the Customer turns out be inaccurate / incorrect. 9. Liability of the Customer, ICICI Bank ICICI Bank shall not be responsible for any failure on part of the Customer to utilise the Facility due to the Customer not being within the geographical range within which the Facility is offered; If the Customer has reason to believe that his mobile phone number is / has been allotted to another person and / or there has been an unauthorised transaction in his account and / or his mobile phone is lost, he shall immediately inform ICICI Bank under acknowledgment about the same.
The Customer agrees
that ICICI Bank shall not be liable if The Customer agrees that the access to the Facility shall be through the Mobile Phone Number and any transaction which originates from the same, whether initiated by the Customer or not, shall be deemed to have originated from the Customer. ICICI Bank shall under no circumstance be held liable to the Customer if the Facility is not available for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of ICICI Bank. Under no circumstances shall ICICI Bank shall be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the Customer or by any other person. Illegal or improper use of the Facility shall render the Customer liable for payment of financial charges as decided by ICICI Bank or will result in suspension of the Facility to the Customer. ICICI Bank is in no way liable for any error or omission in the services provided by any cellular or any third party service provider (whether appointed by ICICI Bank in that behalf or otherwise) to the Customer which may effect the Facility. ICICI Bank, does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through the Facility. ICICI Bank makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the Customer or by any person resulting from or in connection with the Facility . Without limitation to the other provisions of this agreement, ICICI Bank, its employees, agent or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the Customer or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of ICICI Bank or the Mobile Banking service in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the telecommunication equipment of the Customer and the network of any cellular service provider and ICICI Bank's system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the Customer, ICICI Bank's system or the network of any cellular service provider and/or any third party who provides such services as is necessary to provide the Facility. Notwithstanding here in the contrary, ICICI Bank shall not be involved in or in any way liable to the Customer for any dispute between the Customer and a cellular services provider or any third party service provider (whether appointed by ICICI Bank in that behalf or otherwise). The Customer agrees that ICICI Bank and / or its Affiliates may hold and process his personal information concerning with his Accounts on computer or otherwise in connection with the Mobile Banking service as well as for analysis credit scoring and marketing. The Customer also agrees ICICI Bank may disclose, in strict confidence, to other institutions, such information as may be reasonably necessary for reasons inclusive of but not limited the participation in any telecommunication or electronic clearing network, in compliance with legal directive, for credit rating by recognized credit scoring agencies, for fraud prevention purposes. The Customer shall not interfere with or misuse in any manner whatsoever the Facility and in the event of any damage due to improper or fraudulent use by the Customer, the Customer shall be liable in damages to ICICI Bank. In consideration of ICICI Bank providing the Facility, the Customer agree to indemnify and keep safe, harmless and indemnified ICICI Bank from and against all actions, claims, demands, proceedings, loss, damages, costs, charges and expenses whatsoever which ICICI Bank may at any time incur, sustain, suffer or be put to as a consequence of or arising out in good faith acting on omitting or effusing to act on any instructions given by use of the Facility.
The Customer shall indemnify and hold ICICI Bank, harmless against any loss suffered by ICICI Bank and/or its Affiliates, its Customers, or a third party or any claim or action brought by a third party which is in any way the result of the Facility by the Customer. The Customer holds ICICI Bank/ its Affiliates, harmless against any loss incurred by the Customer due to failure in the network of the cellular service provider.
11. Fees ICICI Bank shall have the discretion to charge such fees as it may deem fit from time to time and may at its sole discretion, revise the fees for use of any or all of the Facility, by notice to the Customer. The Customer may at any time discontinue or unsubscribe to the said Facility. The Customer shall be liable for payment of such airtime or other charges which may be levied by any cellular service provider in connection with availing of the Facility and ICICI Bank is in no way concerned with the same . The charges payable by the Customer is exclusive of the amount payable to any cellular service provider and would be debited from the account of the Customer on a monthly basis. The Customer shall be required to refer to the schedule of fees put up on the Website from time to time. 12. Change of Terms and Condition ICICI Bank has the absolute discretion to amend or supplement any of the terms and conditions at any time and will endeavour to give prior notice of fifteen days by email or put up on the website as the case may be for such changes wherever feasible and such amended terms and conditions will thereupon apply to and be binding on the Customer. 13. Termination of Mobile Banking Service The Customer may request for termination of the Facility any time by giving a written notice of at least 15 days to ICICI Bank. The Customer will remain responsible for any transactions made on his mobile phone number in the Account through the Facility prior to the time of such cancellation of Facility ICICI Bank may, at its discretion, withdraw temporarily or terminate the Facility, either wholly or in part, at any time. ICICI Bank may, without prior notice, suspend the Facility at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons, which require the suspension of the Facility. ICICI Bank shall endeavour to give a reasonable notice for withdrawal or termination of the Facility. The closure of all Accounts of the Customer will automatically terminate the Mobile Banking service. Similarly ICICI Bank may suspend or terminate Mobile Banking Facilities without prior notice if the Customer has breached these terms and conditions or ICICI Bank learns of the death, bankruptcy or lack of legal capacity of the Customer.
14. Disclaimer 14.1. The Customer
is solely responsible for protecting his Telephone Banking Password
Identification Number (TPIN)/ Internet Banking /icicibank.com password
or mobile phone number. 14.3. ICICI Bank will not be concerned with any dispute between the Customer and any cellular service provider and/ or any third party providing such services, which shall enable ICICI Bank to provide the FACILITY. ICICI Bank makes no representation or gives no warranty with respect to the quality of the service provided by any cellular service provider. ICICI Bank shall not be liable for the oversight on part of the Customer to update himself with the products which have been included in the Facility and specific services for each product as may be provided on the website of ICICI Bank and as will be available with the call centres. 15. Notices ICICI Bank and the Customer may give notice under these terms and conditions electronically to the mailbox of the Customer (which will be regarded as being in the writing) or in writing by delivering them by hand or by sending them by post to the last address given by the Customer and in the case of ICICI Bank to its operations office at 3rd Floor, South Tower, ICICI Bank Towers, Bandra Kurla Complex, Mumbai 400 051 In addition, ICICI Bank may also publish notice of general nature, which are applicable to all customers of the Facility on its website. Such notice will be deemed to have been served individually to each Customer. 16. Governing Law Any dispute or differences arising out of or in connection with the Facility shall be subject to the exclusive jurisdiction of the Courts of Mumbai. ICICI Bank accepts no liability whatsoever, direct or indirect for non-compliance with the Laws of any count other than that of India. The mere fact that the Facility can be accessed by a Customer in a country other than India does not imply that the laws of the said country govern these terms and conditions and / or the operations in the accounts of the Customer and / or the use of the Facility.
Mobile Alerts Applicability 1. Definitions: "Alert(s)" means the customised messages sent to the Customer over his mobile phone as short messaging service ("SMS") in response to the Triggers sent by the Customer. "Triggers" means the customised triggers that are required to be set or placed by the Customer with ICICI Bank which shall enable ICICI Bank to send the corresponding Alerts to the Customer for specific event/transactions relating to his Account. "Mobile Banking Alert Facility" shall mean the service provide by ICICI Bank wherein a Customer can obtain specific information pertaining to his Account on his Mobile Phone number. 2. Applicability Accounts for the
purpose of this Mobile Banking Alert Facility means: All primary savings account holders and primary credit card holders who are Indian residents can avail of this service. The last updated mobile number in the records of ICICI Bank would be used to send the Alerts. Alerts are currently not available for two Mobile numbers for the same account. Such Alerts will be available to the Customer only if the Customer is within the cellular service range of the particular cellular service provider or within such area which forms part of the roaming network of such cellular service provider providing services to the Customer. 3. Process 3.1. To receive Alerts, the Customer may select and set all or any of the Triggers through ICICI Phone Banking services or by logging into the internet banking account or by submitting an application in the prescribed format as applicable. 3.2. The Customer shall be required to acquaint himself with the detailed process for using Mobile Alerts and ICICI Bank shall not be responsible for any error made by the Customer while setting the Triggers. 3.3. In setting of the Triggers by the Customer, the terms and conditions as applicable to ICICI Bank Phone Banking, ICICI Bank Internet Banking and ICICI Bank Mobile Phone Banking shall also apply. 3.4. The Customer acknowledges that Mobile Alert will be implemented in a phased manner and ICICI Bank may at a later stage, at its discretion, send Alerts over email, expand the available Triggers or Alerts to meet Customer requirements, or may discontinue all or any of the facility/features. ICICI Bank may, from time to time, change the features of any Trigger or Alert. The Customer shall be required to keep himself informed of the available Triggers or Alerts, which will be made available on the Website. The Customer may, from time to time, modify the Triggers selected by him, without the necessity of a fresh registration. The Customer shall have the option of obtaining alerts through two methods: i) The Customers can subscribe to the Mobile Alerts through the above-mentioned channels and indicate preference for receiving certain information, which shall then be sent to him at specific points of time.("Push Alert") ii) The Customer (after registering for the Mobile Banking Alert Facility) shall be required to send a keyword using SMS to the Website which would describe a particular information request ("Pull Alert"). Such facility may be made available at an appropriate time. Keywords for various information requests shall be as may be provided for, from time to time, including on the application forms, or available at ICICI Phone Banking centres and/or on the Website.
4.Setting Triggers and Receiving Alerts 4.1.ICICI Bank will not acknowledge receipt of any Instructions or Triggers nor shall ICICI Bank be responsible to verify any Instructions or Triggers or the Customer's TPIN or password or mobile phone number. ICICI Bank will endeavour to give effect to Instructions and Triggers on a best effort basis and as soon as practically possible for ICICI Bank. 4.2. ICICI Bank may, in its discretion, not give effect to any Triggers if ICICI Bank has reason to believe (which decision of ICICI Bank shall be binding on the Customer) that the Triggers are not genuine or otherwise improper or unclear or raise a doubt or in case any Triggers cannot be put into effect for any reasons whatsoever. 4.3. The Customer is responsible for intimating to ICICI Bank any change in his phone number or email address or Account details and ICICI Bank will not be liable for sending Alerts or other information over the Customer's mobile phone number/email address /fax number recorded with ICICI Bank. 4.4. The Customer acknowledges that to receive Alerts, his mobile phone number must be active and accessible. The Customer acknowledges that if the Customer's mobile phone number remains inaccessible for a continuous period 48 hours from the time an Alert message is sent by ICICI Bank, that particular message may not be received by the Customer. 4.5. Triggers will be processed by ICICI Bank after receipt and ICICI Bank shall have the discretion to determine the time taken to process such request. The Customer acknowledges that there shall be an intervening period between receipt of Triggers by ICICI Bank, process of the Triggers and the time that the Alerts are sent. 4.6. The Customer acknowledges that the Mobile Banking Alert Facility is dependent on the infrastructure, connectivity and services provided by service providers engaged by ICICI Bank. The Customer accepts that timeliness, accuracy and readability of Alerts sent by ICICI Bank will depend on factors affecting other service providers engaged by ICICI Bank. ICICI Bank shall not be liable for non-delivery or delayed delivery of Alerts, error, loss or distortion in transmission of Alerts to the Customer. 4.7. ICICI Bank shall endeavour to provide the Mobile Banking Alert Facility on a best effort basis and the Customer shall not hold ICICI Bank liable for non-availability of the Mobile Banking Alert Facility or non-performance by service providers, if any, engaged by ICICI Bank or any loss or damage caused to the Customer as a result of use of the Mobile Banking Alert Facility (including relying on the Alerts for the Customer's commercial, investment or business purposes) for causes which are not attributable to ICICI Bank. ICICI Bank shall not be liable in any manner to the Customer in connection with the use of the Mobile Banking Alert Facility. 4.8. The Customer accepts that each Alert may contain certain Account information relating to the Customer. The Customer authorises ICICI Bank to send Account related information, though not specifically requested, if ICICI Bank deems that the same is relevant. 4.9. If Alerts cannot be delivered to the Customer on ten consecutive occasions, the Mobile Banking Alert Facility will be temporarily suspended, until reactivated by the Customer. 5. Fees ICICI Bank reserves the right to charge the services and revise such charges and such updates of the fees shall be displayed on the Website.
X. Terms & Conditions for bank@home Service provided by ICICI Bank Limited These Terms and Conditions apply to and regulate the provision of bank@home services offered by ICICI Bank Limited to the Customers. In Bank@home services, ICICI Bank would receive instructions sent by the Customers through facsimile transmission or instructions dropped at a designated drop box or instructions given through ICICI Bank's phone banking channel or other medium as approved by ICICI Bank and carry out such instructions in accordance with these Terms and Conditions ("Services"). 1. Definitions : In this document the following words and phrases have the meaning set below unless the context indicates otherwise:
2. Applicability of Terms: These Terms form the contract between the Customer and ICICI Bank for availing of the Services. The Customer shall apply to ICICI Bank in the prescribed form for use of the Services. ICICI Bank shall be entitled at its sole discretion to accept or reject such applications as may be submitted by the Customers. By applying for or availing of the Services, the Customer acknowledges as having read, understood and accepted these Terms. 3. Eligibility Criteria: The Customer represents that the Customer is at least 18 years of age and has the capacity to contract as specified under the Indian Contract Act, 1872 to be eligible for availing the Services offered herein. 4. Instructions: All instructions in connection with the Services shall be given, in form of Bank@home Request form dropped in a designated drop box / facsimile transmission for such Instructions or instructions through Phone Banking channel any other medium/channel enabled by ICICI Bank for the purpose, by the Customer in the manner prescribed by ICICI Bank. The Customer, to give instructions through Phone Banking channel, should be registered as a Phone Banking Customer with ICICI Bank. The Customer is responsible for the accuracy and authenticity of the Instructions provided to ICICI Bank and the same shall, subject to these Terms, be considered to be sufficient to provide the Services. ICICI Bank shall not be required to independently verify the veracity, authenticity or validity of the Instructions. ICICI Bank shall have no liability if it does not or is unable to stop or prevent the carrying out of or the execution/implementation of an Instruction that is subsequently countermanded by the Customer. Where ICICI Bank considers the instructions to be inconsistent or contradictory it may seek clarification from the Customer before acting on any instruction of the Customer or act upon any such instruction as it deems fit. ICICI Bank has no liability or obligation to keep a record of the Instructions to provide information to the Customer or for verifying Customer's instructions. ICICI Bank may refuse to comply with the Instructions without assigning any reason or notice and shall not be under any duty to assess the prudence or otherwise of any Instruction and have the right to suspend the operations through the Services or carrying out of Instructions if it has reason to believe that the Customer's instructions will lead or expose to direct or indirect loss to ICICI Bank, or ICICI Bank may require an indemnity and/or other security/comfort from the Customer before continuing to restore/perform the Services and/or Instructions. 5. Accuracy of Information: The Customer is responsible for the correctness of information supplied to ICICI Bank for use of the Services whether by means of facsimile transmission / requests dropped in a designated drop box / Instructions given through phone banking channel or other approved channel. ICICI Bank accepts no liability for the consequences arising out of erroneous information supplied by the Customer. If the Customer notices an error in the instructions supplied to ICICI Bank, the Customer shall immediately advise ICICI Bank which will endeavour to correct the error wherever possible on a reasonable best efforts basis. 6. Appointment Of Agents: The Customer authorizes ICICI Bank to appoint such agency/ies on the behalf of the Customer as ICICI Bank may deem fit to perform the Services. The Customer further agrees and confirms to pay to ICICI Bank such charges as may be notified to the Customer by ICICI Bank for making available the Services. In the event of any delivery being made to the Customer pursuant to the Instructions, the Customer agrees and confirms that the acknowledgement to be furnished by the Customer on the delivery challan/courier sheet would be a final and binding acknowledgement and confirmation of receipt by the Customer of the items/documents/cash, as applicable, that have been delivered to the Customer. 7. Operation Of Services: The Customer acknowledges and agrees that the Instructions for the services shall be processed by ICICI Bank only if the same are received by ICICI Bank in the prescribed time and manner. In case of the Instructions contained in the Bank@home Request form dropped at the designated drop box by the Customer, the same shall be deemed to have received by ICICI Bank only upon delivery of the Instructions to ICICI Bank by the Agents of the Customer. The Customer agrees and acknowledges that transmission of information through facsimile transmission/ phone is not a secure means of sending information and may be subject to tampering and unauthorised access, fraudulently or mistakenly written, altered or sent, and not be received in whole or in part by the intended recipient. ICICI Bank shall not be liable for any inaccuracy, error or delay in, or omission of, (1) any data, information or message in the Facsimile Instruction/instructions given over the phone, or (2) the transmission or delivery of any Facsimile Instruction/ instructions given over the phone; or (3) any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission, (ii) non-performance or non-delivery by the Agent/s of the Customer, or (iii) interruption in any such data, information or message, due either to any act or omission by ICICI Bank due to "force majeure" (e.g., flood, extraordinary weather condition, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, equipment or software malfunction) or any other cause beyond the reasonable control of ICICI Bank, and in case of tampering and unauthorised access to providing of Instruction, Instructions that are fraudulently or mistakenly written, altered or sent, and that the Instruction may not be received in whole or in part by the intended recipient. ICICI Bank may, at its sole and absolute discretion, act on any instruction given by the Customer to ICICI Bank, or which ICICI Bank reasonably believes to have been made by the Customer. The Customer agrees and acknowledges that ICICI Bank is under no obligation whatsoever to accept an Instruction. Further, without limiting the generality of the foregoing, ICICI Bank shall not be deemed to have accepted any Instruction unless and until ICICI Bank receives the complete Instruction on a business day and during the normal business hours of ICICI Bank, whether through facsimile transmission or instructions received through phone or through actual delivery of the Bank@home Request form dropped in a designated drop box by the agent appointed on behalf of the Customer. Under no circumstances, shall ICICI Bank, its employees, directors involved in providing the services be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary (including, but not limited to loss of profits, loss of data or other intangible information, business interruption, loss of privacy, or any pecuniary loss), arising out of or in any way connected with the provision of the services or resulting from unauthorized access or alteration of instructions given through phone or Facsimile Instruction or arising from interruption, suspension or termination of the services or any inability of ICICI Bank to receive instructions, directions, orders or other communications from the Customer or to transmit any related message for any reason whatsoever, whether based on contract, tort, strict liability or otherwise except in case of willful default or gross negligence on the part of ICICI Bank. Provided that notwithstanding anything to the contrary contained herein, the aggregate liability of ICICI Bank under this arrangement shall not exceed the service charges received by ICICI Bank from the Customer under this arrangement. The Customer agrees and acknowledges that the Customer shall ensure that the Customer shall not hand over self/ bearer cheques to the cheque pick-up / delivery agency in lieu of the cash delivered to the Customer or at the Customer's address without ensuring that the "Paid" stamp of the cash delivery agency is affixed on the cheque in the Customer's presence. The Customer hereby
authorizes ICICI Bank to charge the Account held with ICICI Bank
with any sum of money that is payable by the Customer, if any, in
connection with a transaction carried out by ICICI Bank including
bank charges or service charges for such transactions in reliance
on an Instruction. The Customer hereby authorises that ICICI Bank shall be absolutely entitled to accept and act on the Instruction from the Customer and that any action taken in pursuance of the Instruction shall be valid. At anytime, ICICI Bank
may give notice to the Customer, in such manner as it may deem fit,
including but not limited to, posting the notice on the website
www.icicibank.com on Pursuant to the Customer's Instructions, ICICI Bank may contact the Customer through phone, email, letter or otherwise for processing the Instructions. The Customer agrees and acknowledges that the ICICI Bank may send or deliver the cash/documents to the Customer at a mailing address as per ICICI Bank's records pursuant to the Instructions of the Customer to provide Services and the Customer agrees to accept the same. ICICI Bank may send its representatives to the Customer to carry out the Instructions. Upon receipt of Instructions from the Customer, ICICI Bank shall forward the same to the various departments in ICICI Bank for fulfillment purposes. 8. Charges/Fees:
ICICI Bank reserves the right to charge
and recover from the Customer fees alongwith applicable taxes for
availing the Services at any time as it may deem fit. Failure to
pay the charges/fees (including applicable taxes) on or before the
specified date will render the Customer liable for payment of interest
at such rate as may be stipulated by ICICI Bank and/or withdrawal
of the Services without any liability to ICICI Bank.The fees for
the services shall be posted on the website on by ICICI Bank, including any amendments, form time to time. 9. Change of Terms: ICICI Bank shall have the absolute discretion to amend or supplement any of the Terms at any time. The Customer shall be responsible for regularly reviewing these Terms including amendments thereto as may be posted on the website. By utilising the Service thereafter, the Customer shall be deemed to have accepted the changed Terms. 10. Non-Transferability: The Services provided to the Customer is not transferable under any circumstance and shall be used only by the Customer. However, ICICI Bank shall have the right to transfer, assign or sell all its rights under this Terms and conditions, shall continue to be in force and effect for the benefit of the successors and assigns of ICICI Bank. 11. Amendment to
the Terms and conditions governing the usage of Phone banking services:
12. Governing Law: These Terms shall be governed by the laws of India. The Parties hereby agree that any legal action or proceedings arising out of the Terms shall be brought in the courts or tribunals at Mumbai in India and irrevocably submit themselves to the jurisdiction of such courts and tribunals. ICICI Bank may, however, in its absolute discretion, commence any legal action or proceedings arising out of the Terms in any other court, tribunal or other appropriate forum, and the user hereby consents to that jurisdiction. Any provision of the Terms 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 or affect such provision in any other jurisdiction.
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