Terms & Conditions Governing Mobile Banking Facility

Definitions:

In this document the following words and phrases have the meaning set below unless the context indicates otherwise:

"Accounts" shall mean bank account and/or credit card account and /or any other type of account so maintained by the Customer with ICICI Bank or any of its Affiliate for which the Facility is being offered or may be offered in future (each an "Account" and collectively "Accounts");

"Affiliate" of ICICI Bank shall mean and include:
(a) any company which is the holding company or subsidiary of ICICI Bank, or
(b) a person under the control of or under common control with ICICI Bank, or
(c) any person, in which ICICI Bank has a direct or beneficial interest or control in more than 26% of the voting securities of such person
For the purpose of this definition of Affiliate and terms and conditions, "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.

"Customer" shall mean a customer of ICICI Bank or of an Affiliate or any person who has applied for any product/service of ICICI Bank.

"ICICI Bank" shall mean ICICI Bank Limited, a company incorporated under the Companies Act 1956 and licensed as a bank under Banking Regulation Act, 1949 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.

"Facility" shall mean mobile banking facility (which provides the Customers, services such as information relating to Account(s), details about transactions and such other services as may be provided on the Mobile Phone Number by ICICI Bank from time to time.

"Mobile Phone Number" shall mean the number specified by the Customer on the Website, through the call centre or in writing either through any Form provided by ICICI Bank or otherwise for the purpose of availing the Facility.

"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.

Applicability of Terms and Conditions

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 the other service providers . 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.

Application

The Customer shall apply to ICICI Bank for use of the Facility (and/or for any changes to the options available under the Facility) by use of ICICI Bank Phone Banking or ICICI Bank Internet Banking services or by any other method as provided by ICICI Bank from time to time including application through forms as prescribed by ICICI Bank from time to time for use of the Facility.
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 through any mode of verification as may be stipulated by ICICI Bank from time to time as may be decided 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 as may be prescribed by ICICI Bank, the Facility shall be activated after a minimum of 7 working days from the date of receipt of the application at Operations cell, Mumbai.

Eligible Customer
The Customer desirous of using the Facility should be either a sole Account holder or authorised to act independently. In case of joint accounts, the written mandate of other account holders 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.

Availability & Disclosure
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 the Customers holding 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 the Facility through the Mobile Phone Number.
The instructions of the Customer shall be effected only after authentication of the Customer by means of verification of the Mobile Phone Number 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.

Authority to ICICI Bank
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. The Customer further authorizes ICICI Bank to share the Account information with Third Party for the purpose of accepting/ executing request of the Customers.

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.

Instructions
All instructions for availing the services under the Facility shall be provided through the Mobile Phone Number 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.
Accuracy of Information

The Customer undertakes to 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.

Disclaimer of Liability
ICICI Bank shall not be responsible for any failure on the 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

a) the Customer has breached any of the terms and conditions herein or

b) the Customer has contributed to or the loss is a result of failure on part of the Customer to advise ICICI Bank within a reasonable time about unauthorised access of or erroneous transactions in the Account; or

c) as a result of failure on part of the Customer to advise ICICI Bank of a change in or termination of the Customer's Mobile Phone numbers.

The Customer agrees that the access to the Facility shall be only 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.

Under no circumstance, ICICI Bank shall be held liable 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. ICICI Bank shall not be liable under any circumstances 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 terms and conditions, 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 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 anything in the contrary provided in this terms and conditions, 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 his Accounts on computer or otherwise in connection with the Facility 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 to the participation in any telecommunication or electronic clearing network, in compliance with legal directive, for credit rating by recognized credit scoring agencies, and for fraud prevention.

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 for damages to ICICI Bank.

The Customer is solely responsible for protecting his Telephone Banking Password Identification Number (TPIN)/ Internet Banking /icicibank.com password or mobile phone number and any password given by ICICI Bank for the use of the Facility.
ICICI Bank will not be liable for:

(a) any unauthorised use of the Customer's TPIN, icicibank.com password or mobile phone or for any fraudulent, duplicate or erroneous instructions given by use of the Customer's TPIN, icicibank.com password or mobile phone number;

(b) acting in good faith on any instructions received by ICICI Bank;

(c) error, default, delay or inability of ICICI Bank to act on all or any of the instructions

(d) loss of any information/instructions in transmission;

(e) unauthorized access by any other person to any information /instructions given by the Customer or breach of confidentiality;
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, through which the Facility is being provided by ICICI Bank. 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 may provide any other services as a part of the Facility and ICICI Bank shall not be liable for the oversight on part of the Customer to update himself with the addition of services 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 authorized call centers of ICICI Bank.

Indemnity

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 ICICI Bank may incur, sustain, suffer or be put to at any time as a consequence ofacting on or omitting or refusing to act on any instructions given by use of the Facility.

The Customer holds ICICI Bank/ its Affiliates, harmless against any loss incurred by the Customer due to failure to provide the services offered under the Facility or any delay in providing the services due to any failure or discrepancy in the network of the cellular service provider.

The Customer agrees to indemnify and hold ICICI Bank harmless for any losses occurring as a result of the:

i. the Customer permitting any third parties to use the Facility.

ii. the Customer permitting any other person to have access to his mobile phone or as a consequence of leaving the mobile phone unattended or loss of mobile phone.

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.

Modification

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 by displaying on the Website depending upon the discretion of ICICI Bank, whichever feasible, and such amended terms and conditions will thereupon apply to and be binding on the Customer.

Termination

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 through his Mobile Phone Number 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 without giving prior notice to the Customer. 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 Facility. ICICI Bank may suspend or terminate Facility 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.

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 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 case to ICICI Bank at its office at 3rd Floor, South Tower, ICICI Bank Towers, Bandra Kurla Complex, Mumbai 400 051. In addition, ICICI Bank shall also provide notice of general nature regarding the facility and terms and conditions, which are applicable to all customers of the Facility, on its Website and/ or also by means the customised messages sent to the Customer over his mobile phone as short messaging service ("SMS"). Such notice will be deemed to have been served individually to each Customer.

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 country 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 Banking Facility

Applicability

All the terms and conditions as applicable to ICICI Bank Mobile Banking Facility shall be applicable, unless excluded specifically or by necessary implication.

Definitions:

In these Terms and Conditions, the following terms shall have the following meanings:

"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.

"Alert/Push 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.

"Request/Pull Facility" shall mean facility through which Customers will be able to make requests about their Accounts by sending "key words" through SMS to Mobile Phone Number provided by ICICI Bank for the purpose.

"Triggers" means the customised triggers that are required to be set by the Customer with ICICI Bank which shall enable ICICI Bank to send the Alerts relating to his Account.

Applicability

All primary savings account holders, demat account holders and primary credit card holders can avail of this service.
The last updated mobile number in the records of ICICI Bank would be used to send the Alerts. Currently, Alert Facility is not offered 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 availing such roaming facility from respective cellular service provider.

Process
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 or by any other mode as notified by ICICI Bank from time to time. 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.

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.

The Customer acknowledges that Alert Facility 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.

Any Customer availing the Facility will be provided with Alert Facility and/or Request Facility as may be decided by ICICI Bank from time to 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 centers and/or on the Website.

Setting Triggers and Receiving Alerts

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.

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.

The Customer is responsible for intimating to ICICI Bank any change in his Mobile 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.

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 (such period dependent upon service providers) from the time an Alert message is sent by ICICI Bank, that particular message may not be received by the Customer.

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.

The Customer acknowledges that the Facilities provided is dependent on the infrastructure, connectivity and services provided by service providers engaged by ICICI Bank. The Customer accepts that timelines, 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.

ICICI Bank shall endeavour to provide the Facility on a best effort basis and the Customer shall not hold ICICI Bank liable for non-availability of the 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 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 Facility.

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. ICICI Bank shall not be held responsible for the confidentiality, secrecy and security of the Personal or Account information being sent through the Facility.

Money Transfer Facility

The Payer accepts that he will be responsible for keying in the correct details which are required to make fund transfers through the abovementioned Facility; such details being specified by ICICI Bank from time to time. In no case, ICICI Bank will be held liable for any erroneous transactions arising out of or relating to the Payer keying in erroneous details required to make fund transfers through the abovementioned Facility,

ICICI Bank shall specify from time to time the upper limit that may be transferred by the Payer for the abovementioned Facility through ICICI Bank.com.

If the abovementioned Facility is made available to the payer, it may be used for transfer of funds from Account to other accounts belonging to third parties maintained at ICICI Bank and/or at any other Bank which falls under the network of Reserve Bank of India's Electronic Fund Transfer or National Electronic Fund Transfer system or Real Time Gross Settlement.

The liability of ICICI Bank shall only commence subsequent to the debit in the Payer’s account.

Fees

ICICI Bank reserves the right to charge for the Alert Facility and revise such charges and such updates in charges shall be intimated to the Customer through Alerts/ display on the Website depending upon the discretion of ICICI Bank.