PRIMARY TERMS AND CONDITIONS FOR PAYLATER BY ICICI BANK
(Last updated on: June 25, 2021)
Please click here to read Most Important Terms & Conditions (MITC)
- "Affiliate" means and includes:
- any company which is the holding or subsidiary company of ICICI Bank, or
- a Person under the Control of or under common Control with ICICI Bank, or
- any Person, in 26% or more of the voting securities of which, ICICI Bank has a direct or beneficial interest or Control.
- For the purpose of the definition of Affiliate, "Control" 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 any individual, company, firm, corporation, a partnership, trust or any other entity or organization or other natural or legal person.
- “Applicable Law(s)” shall mean any law, statute, ordinance, rule, regulation, directive, guideline, policy or other pronouncement, including judicial decisions, having the effect of law in India or elsewhere, order, decree, clearance, approval, requirement, or other governmental restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority whether in effect as of the date of the Terms and Conditions or in each case as amended.
- “Available Transaction Limit” shall mean the credit limit available on PayLater by ICICI Bank post deduction of the utilized limit from the Transaction Limit.
- “Business Day” shall mean a day other than: (i) Saturday and Sunday, (ii) a day on which the Banks in Mumbai/New-Delhi/Noida and /or RBI are closed for business / clearing.
- “Debit Card” means any debit card of any bank powered by MasterCard or Visa or any other card scheme.
- “Electronic Payments” means any mode of electronic payment such as UPI, IMPS etc.
- "EMI" or "Equated Monthly Installment" means the equated monthly installments of amounts payable by the Paylater Customer to ICICI Bank in respect of the Facility and comprises of the principal amount of the Facility and interest thereon.
- "Merchant/ Vendor" means any such Merchant or Vendor (and its successors and permitted assigns) who offers products/ services and is approved by ICICI Bank to accept payment for transaction made using PayLater by ICICI Bank as a payment mode.
- "MITC" means the Most Important Terms and Conditions governing PayLater by ICICI Bank financed by ICICI Bank, a copy of which is provided by ICICI Bank to the customer and is available on www.icicibank.com/ ICICI Bank platform.
- “Net banking” means online banking facility provided by various banks.
- “PayLater by ICICI Bank” means PayLater under which credit facility is financed/to be financed by ICICI Bank to the PayLater Customer(s), which enables the eligible PayLater Customer(s) to make payments for purchases made on ICICI Bank Platform and repay such facility/loan/amount within a specified time period, with or without interest, as per the terms and conditions agreed between the eligible PayLater Customer(s) and ICICI Bank.
- "Payment Due Date" means the 1st day of every month, on which the amount due for the purchases incurred by usage of PayLater by ICICI Bank on ICICI Bank Platform should be paid.
- “ICICI Bank Platform” means the website, mobile application of Merchants and/or ICICI Bank mobile application, website or the ICICI Bank’s retail internet banking.
- “PayLater Customer(s)” shall mean such eligible customer(s) to whom ICICI Bank has agreed to extend PayLater by ICICI Bank.
- "Primary Terms and Conditions" mean the terms and conditions governing the PayLater by ICICI Bank issued by ICICI Bank, as is available on www.icicibank.com/ ICICI Bank Platform.
- “Tenure” shall mean an initial period of 12 months and subsequent renewals during which PayLater by ICICI Bank shall be available to PayLater Customers.
- “Terms and Conditions” means and includes Primary and the Most Important Terms and Conditions.
- “Transaction Limit” shall mean the credit facility limit up to Rupees One Lakh (INR 1,00,000/-) only sanctioned to PayLater Customers on the basis of eligibility criteria laid down by ICICI Bank for making purchases on ICICI Bank Platform.
- “Total Amount Due” means and includes the outstanding amount of PayLater by ICICI Bank, all fees, costs, charges, expenses and all other sums whatsoever payable by the PayLater Customers to ICICI Bank in accordance with the terms herein.
These Primary Terms and Conditions shall mean the terms and conditions for PayLater by ICICI Bank.
- a reference to:
- an "amendment" includes a supplement, modification, novation, replacement or re-enactment and "amended" is to be construed accordingly; an "authorization" or "approval" includes an authorization, consent, clearance, approval, permission, resolution, license, exemption, filing and registration; "law" includes any constitution, statute, law, rule, regulation, ordinance, judgment, order, decree, authorization, or any published, directive, guideline, requirement or governmental restriction having the force of law, or any determination by, or interpretation of any of the foregoing by, any judicial authority, whether in effect as of the date of signing/submission of the application or thereafter and each as amended from time to time.
- the singular includes the plural (and vice versa);
- the headings in these Terms and Conditions are inserted for convenience of reference only and are to be ignored in construing and interpreting the Terms and Conditions;
- reference to the words "include" or "including" shall be construed without limitation;
- reference to a gender shall include references to the female, male and neuter genders;
- all approvals, permissions, consents or acceptance required from ICICI Bank for any matter shall require the prior, written approval, permission, consent or acceptance of ICICI Bank;
- in the event of any disagreement or dispute between ICICI Bank and the PayLater Customer regarding the materiality of any matter including of any event, occurrence, circumstance, change, fact, information, document, authorization, proceeding, act, omission, claims, breach, default or otherwise, the opinion of ICICI Bank as to the materiality of any of the foregoing shall be final and binding on the PayLater Customer.
- The Terms and Conditions herein shall form a contract between the PayLater Customer and ICICI Bank for availing PayLater by ICICI Bank. PayLater by ICICI Bank usage is subject to the terms mentioned herein and any additional conditions as stipulated by ICICI Bank from time to time.
- By accepting these Terms and Conditions, PayLater Customer shall permit ICICI Bank to conduct credit bureau check and/or share their data with credit bureaus. ICICI Bank reserves the right to ascertain the credit worthiness of PayLater Customers by obtaining credit bureau report and such other reports as may deem necessary.
- PayLater Customers agrees to give her/his full consent and cooperation in the on-boarding process for PayLater by ICICI Bank as communicated by ICICI Bank.
- ICICI Bank reserves the right to accept or reject application of PayLater Customer for availing PayLater by ICICI Bank and its decision in this regard shall be final and binding.
- PayLater by ICICI Bank is subject to PayLater Customers being active on ICICI Bank Platform and is nontransferable.
- PayLater Customers are responsible for the accuracy of all personal information and any other information provided at the time of availing PayLater by ICICI Bank.
- PayLater Customers shall keep ICICI Bank updated on communication address, loss of handset, breach of protected information like PIN, user name, password etc.
III. ISSUANCE AND USAGE:
- PayLater Customers shall choose to apply for PayLater by ICICI Bank only through the ICICI Bank Platform. PayLater by ICICI Bank shall be extended to only such PayLater Customers who are found to be eligible as per the criteria and assessment of ICICI Bank.
- The Transaction Limit as sanctioned to PayLater Customer under PayLater by ICICI Bank shall be a maximum of Rs. 1,00,000 and valid for the Tenure as specified herein.
- PayLater Customer shall utilize the Transaction Limit under PayLater by ICICI Bank to make INR purchases. The renewal of PayLater by ICICI Bank shall be subject to ICICI Bank’s discretion. ICICI Bank reserves the right to review the Transaction Limit extended to PayLater Customer at the time of renewal and enhancements if any, to the Transaction Limit shall be effected by ICICI Bank only after obtaining prior consent of the PayLater Customer:
- When the PayLater Customer does not utilize the PayLater by ICICI Bank for more than one (1) month for any transactions.
- PayLater Customer has defaulted on any asset product of ICICI Bank
- PayLater Customer had not been maintaining minimum account balance in the savings account linked with PayLater by ICICI Bank in terms of the savings account T&Cs.
- PayLater Customers shall act in good faith at all times in relation to all dealings with the PayLater by ICICI Bank and ICICI Bank.
- PayLater Customers agrees to be vigilant regarding the payment transactions happening through PayLater by ICICI Bank sanctioned to him/her, and shall intimate ICICI Bank of any misuse, fraud or theft, as soon as the same is discovered by her/him.
IV. PAYMENT AND REPAYMENT
- All PayLater Customer will be billed on a monthly basis for all purchases made by using PayLater by ICICI Bank.
- The account statement as generated by ICICI Bank, will be available on the ICICI Bank Platform.
- PayLater Customers shall repay the Total Amount Due by the Payment Due Date through Pockets Wallet, Debit Card, Net Banking and Electronic Payment mode on the ICICI Bank Platform.
- In the event the Total Amount Due is not paid within the Payment Due Date, it shall be construed as a default by the PayLater Customer and he/she shall become liable to pay the amount together with default interest and late payment charges as specified in the next month’s account statement. Such default interest will be computed from the Payment Due Date, subject to revision from time to time.
- In the event of non- payment, ICICI Bank in addition to levying default interest and other charges shall block the PayLater by ICICI Bank till such time that the outstanding amounts are paid in full.
- The PayLater Customers shall bear goods and services tax and any other statutory levies as may be applicable from time to time.
VI. EVENT OF DEFAULT
The following acts, as set out below, shall constitute an ‘Event of Default’ by the PayLater Customer:
- Payment Default: The default in making payment of the Total Amount Due as payable under PayLater by ICICI Bank.
- Breach of Terms: breach of any terms and conditions, representations, warranties, covenants or occurrence of any fraud, misrepresentation or failure to submit any material information.
- Bankruptcy or Insolvency: PayLater Customer becomes bankrupt or insolvent, voluntarily or involuntarily becomes the subject of proceedings under any bankruptcy or insolvency law.
- Illegality: It is or becomes unlawful for the PayLater Customer to perform any of its respective obligations.
- Death of the PayLater Customer
- The existence of any other circumstances which, in the sole opinion of ICICI Bank, jeopardizes ICICI Bank's interest.
- Upon the occurrence of any event of default as specified above, ICICI Bank shall be entitled to exercise rights and remedies available to it under the Terms and Conditions.
VIII. CONSEQUENCES/ RIGHTS & REMEDIES OF ICICI BANK
- On the happening of any Events of Default, ICICI Bank may by giving a notice to such PayLater Customer:
- terminate PayLater by ICICI Bank and call upon the PayLater Customer to pay the Total Amount Due immediately.
- suspend further access to PayLater by ICICI Bank or freeze the same.
- The right of PayLater Customer to utilize PayLater by ICICI Bank shall continue to be suspended until the repayment of the Total Amount Due and such other charges.
- ICICI Bank reserves the right to engage one or more persons to collect PayLater Customers outstanding dues. ICICI Bank may furnish to such person(s) such information, facts and figures pertaining to PayLater by ICICI Bank of such PayLater Customer, as it may deem fit.
- ICICI Bank reserves the right to call upon the successors/ legal heirs of the PayLater Customer to pay the Total Amount Due and any other charges in full to ICICI Bank in the event of PayLater Customer’s death. ICICI Bank shall have the same rights as against the legal heirs/ successors of such PayLater Customers.
- In addition to above, ICICI Bank reserves the right to initiate legal proceedings against such PayLater Customers.
IX. REPRESENTATIONS, WARRANTIES AND COVENANTS
- PayLater Customers by applying for PayLater by ICICI Bank hereby agrees to abide by the Terms and Conditions as mentioned herein, until such time that the PayLater Customers uses PayLater by ICICI Bank.
- PayLater Customers hereby agrees to have read, understood and accepted these Terms and Conditions and are aware that these terms and conditions are also available on www.icicibank.com.
- PayLater Customers hereby agrees to avail the PayLater by ICICI Bank on the precondition that he/she will not use PayLater by ICICI Bank, or any part thereof, towards repayment of his ICICI Bank/ any other bank credit card or for any other purpose except as mentioned under the Terms and Conditions.
- PayLater Customers agrees that he/she has understood method of calculation of default interest and other charges as levied in cases wherein the Total Amount Due has not been paid by the Payment Due Date.
- PayLater Customers agrees and confirms that ICICI Bank shall not be liable in any manner to PayLater Customers for failure or delay in providing the PayLater by ICICI Bank.
- All information provided by the PayLater Customer to ICICI Bank and ICICI Bank are true and correct.
- PayLater Customers shall use PayLater by ICICI Bank only for the purchases made on the ICICI Bank Platform from such Merchants/Vendors who have been authorized by the ICICI Bank and ICICI Bank to accept the payment through PayLater by ICICI Bank.
- PayLater Customer shall promptly notify ICICI Bank on the occurrence of any event which any information being untrue or incorrect.
- PayLater Customer shall promptly notify ICICI Bank of any action or steps taken or any legal, administrative or other proceedings started/threatened by or against PayLater Customer in any court of law.
- PayLater Customer shall promptly and not later than 7 days from the occurrence of such event, notify ICICI Bank in writing with full details of all or any change/s of details or personal information.
X. RIGHT OF SET-OFF & LIEN
- PayLater Customers must avail of auto debit facility for paying the Total Amount Due under PayLater by ICICI Bank. On availing the auto debit facility, the bank account of such PayLater Customers will be debited, for the Total Amount Due as mentioned in the account statement, on the Payment Due Date. In case the Payment Due Date is not a Business Day, the bank account shall be debited on the next Business Day. In the event if the bank account does not have sufficient funds on the Payment Due Date, the PayLater Customer shall be liable to pay all the charges applicable in addition to the Total Amount Due as generated in the next month’s account statement. The PayLater Customers agrees and confirms that all the particulars submitted to ICICI Bank by her/him for availing of the auto debit facility shall be correct and complete. ICICI Bank shall not be liable if the auto debit transaction is delayed or not effected at all for reasons of incomplete or incorrect information or for any reason whatsoever.
- In addition to the above mentioned right or any other right which ICICI Bank and its group companies may at any time be entitled whether by operation of law, contract or otherwise, ICICI Bank is authorized / will be entitled: (a) to combine or consolidate at any time all or any of the accounts and liabilities of the PayLater Customers with or to any branch of ICICI Bank and/or its group companies; (b) to institute any judicial proceedings in case of non- payment of outstanding dues from the PayLater Customer.
XI. AUTO DEBIT FOR PAYLATER BY ICICI BANK
- PayLater Customers must avail of auto debit facility for paying the Total Amount Due under PayLater by ICICI Bank . On availing the auto debit facility, the bank account of such PayLater Customers will be debited, for the Total Amount Due as mentioned in the account statement, on the Payment Due Date. In case the Payment Due Date is not a Business Day, the bank account shall be debited on the next Business Day. In the event if the bank account does not have sufficient funds on the Payment Due Date, the PayLater Customer shall be liable to pay all the charges applicable in addition to the Total Amount Due as generated in the next month’s account statement. The PayLater Customers agrees and confirms that all the particulars submitted to ICICI Bank/ICICI Bank by her/him for availing of the auto debit facility shall be correct and complete. ICICI Bank shall not be liable if the auto debit transaction is delayed or not effected at all for reasons of incomplete or incorrect information or for any reason whatsoever.
XII. CANCELLED TRANSACTIONS
- In the event of a cancellation of goods/ services purchased through PayLater by ICICI Bank, PayLater Customer shall pay for the purchases made as it appears in the account statement as generated by ICICI Bank.
- In the event of a cancellation request being made by a PayLater Customer/ Merchant/ ICICI Bank, the amount for such cancelled transaction shall only be credited to PayLater Customers PayLater by ICICI Bank account as and when the same is received by ICICI Bank from ICICI Bank.
- PayLater Customers agrees to indemnify and hold ICICI Bank and its Affiliates harmless from and against all losses, damages, costs, claims and expenses whatsoever which ICICI Bank may at any time incur, sustain, suffer or is likely to suffer in connection with or as a consequence of or by reason of providing PayLater by ICICI Bank. The PayLater Customer will pay ICICI Bank and /or the Affiliates such amount as may be determined by ICICI Bank and/or the Affiliates to be sufficient to indemnify it against any such loss or expenses.
- Further, the PayLater Customer agrees, to indemnify, defend and hold harmless ICICI Bank and its Affiliates against any claim, suit, action or other proceeding brought against ICICI Bank or its Affiliates by a third party to the extent that such claim, suit, action of other proceeding brought against ICICI Bank and its Affiliates is based on or arises in connection with:
- a violation of the Terms contained herein;
- any alterations or any unauthorized use of PayLater by ICICI Bank;
- any misrepresentation or breach of representation, warranty or covenant made by the PayLater Customer as contained herein;
XIV. EXCLUSION OF LIABILITY
- In no event shall ICICI Bank be liable to the PayLater Customers for any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages of loss of goods or services, loss of business profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access of PayLater by ICICI Bank or for any security breach or any virus, bug, unauthorized intervention, defect, or technical malfunctioning of the ICICI Bank Platform and/or ICICI Bank’s systems, whether or not foreseeable and whether or not ICICI Bank and/or ICICI Bank have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, your use of, or access to, the PayLater by ICICI Bank . Further, ICICI Bank shall not be liable to the PayLater Customers for any temporary disablement, permanent discontinuance of the services by ICICI Bank and/or ICICI Bank or for any consequences resulting from such actions.
- Further, without prejudice to the remedies available to ICICI Bank under the Terms and Conditions, ICICI Bank shall be under no liability whatsoever to PayLater Customers in respect of any loss or damage arising directly or indirectly out of:
- any defect in any goods or services supplied;
- delay in delivery or non-receipt of goods or services purchased;
- the refusal of any Merchant to honor or accept PayLater by ICICI Bank as a mode of payment;
- the malfunction of any computer terminal;
- acts done by ICICI Bank on the instruction by any person impersonating as a PayLater Customer;
- the exercise by ICICI Bank of its right to terminate PayLater by ICICI Bank;
- any injury to the credit character and reputation of the PayLater Customers alleged to have been caused by the closure of the PayLater by ICICI Bank and/or the refusal of any Merchant/ mail order establishment to honor or accept the PayLater by ICICI Bank ;
- ICICI Bank holds out no warranty or makes no representation about quality, delivery or otherwise of the goods or services.
- Any dispute or claim arising in relation to the goods or services purchased by PayLater Customer must be resolved by ICICI Bank/ Merchant. The existence of the claim or dispute shall not relieve the PayLater Customer of his/her obligation to pay the dues to ICICI Bank.
- In the event a demand or claim for settlement of Total Amount Due from the PayLater Customers is made, either by ICICI Bank or any person acting on behalf of ICICI Bank, the PayLater Customers agrees and acknowledges that such demand or claim shall not amount to be an act of defamation or an act prejudicial to or reflecting upon the character of the PayLater Customers, in any manner.
- PayLater Customer may discontinue/ terminate PayLater by ICICI Bank by raising a request on ICICI Bank Platform. On raising a request for termination of PayLater by ICICI Bank, the PayLater Customer shall be liable to pay the Total Amount Due and all such other charges whether or not already reflected in the account statement.
- ICICI Bank may at any time with or without notice, withdraw, terminate, and/or suspend the PayLater by ICICI Bank at any time or in case of an event of default, as provided hereunder.
XVI. NOTICES AND COMPLAINTS
- All notices, requests, demands, waivers, complaints, queries and other communications required or permitted to be given hereunder in relation to the PayLater by ICICI Bank under the Terms and Conditions, shall be submitted to ICICI Bank or ICICI Bank as per the Grievance Redressal Mechanism accessible at www.icicibank.com. Any other notices, requests, demands, waivers, complaints, queries and other communications arising out of any acts or omissions of the Merchants/Vendors to whom the payment was made using the PayLater by ICICI Bank services, shall be resolved between the PayLater Customers and such Merchant/ ICICI Bank only and ICICI Bank shall have no responsibility or liability whatsoever in this regard. ICICI Bank shall be responsible for all service related issues. PayLater Customer care centre shall be accessible to all PayLater Customers in case of any issues/ disputes arising. ICICI Bank’ s dispute resolution policy in such matters shall be final and binding.
- The products, services and offers referred to herein are subject to the terms and conditions governing them as specified by ICICI Bank / third party from time to time and are offered at the sole discretion of ICICI Bank / third party. Nothing contained herein shall constitute or be deemed to constitute an advice, invitation or solicitation to purchase any products/ services of ICICI Bank / third party. ICICI Bank makes no representation about the quality, delivery, usefulness or otherwise of the goods / services offered by the third party.
- ICICI Bank may, at its sole discretion, utilize the services of external service provider/ s or agent/s. Misuse of any intellectual property, or any other content displayed herein is strictly prohibited.
- These Terms and Conditions and/or policies may be varied, amended or modified, in whole or in part, by ICICI Bank at any time without notice. The last amended version shall be available on the ICICI Bank Platform/ www.icicibank.com at all times.
- ICICI Bank may assign, in whole or in part, the benefits or obligations of these Terms and Conditions to its Affiliates, or any other company, for the reasons including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or any other reason whatsoever. ICICI Bank shall not require approval or consent of the PayLater Customers for assigning rights and obligations and shall at their own discretion provide an intimation of such assignment to the PayLater Customers.
- The PayLater Customers shall not assign, in whole or in part, the benefits or obligations of this PayLater by ICICI Bank if issued to her/him.
- Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
- Notwithstanding any suspension or termination of PayLater by ICICI Bank, all rights and remedies of ICICI Bank as per the Terms and Conditions shall continue to survive until the receipt of the Total Amount Due and any other charges in full to the satisfaction of ICICI Bank.
- If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
- Details of the default interest, late payment charges, goods and services tax and other statutory levies applicable on the PayLater by ICICI Bank shall be as per the account statement generated by ICICI Bank. Details of all other charges shall be as per the MITC.
- The competent courts in Mumbai shall have exclusive jurisdiction to deal with any dispute that may arise out of the Terms and Conditions or in respect of the PayLater by ICICI Bank. The existence of a dispute, if any, shall not constitute a claim against ICICI Bank.
- The Terms and Conditions governing the PayLater by ICICI Bank shall be in addition to and not in substitution or derogation to the MITC.