Terms and Conditions for Insta Banking
These Terms and Conditions (hereinafter referred to as the “Terms”, which expression shall include all amendments made thereto from time to time) apply to and regulate the provision of Insta Banking Services offered by ICICI Bank Limited to the Customers. In Insta Banking Services, customer would initiate a transaction through ICICI Bank's website (Non logged in section) or through mobile application or any other medium as approved by ICICI Bank and carry out such instructions in accordance with these Terms.
- Definitions: In these Terms, unless there is anything repugnant to the subject or context thereof, the expressions listed below shall have the following meanings viz.:
”Account" refers to any account of the Customer with ICICI Bank in India, which is designated as eligible account by ICICI Bank for the Services
“ICICI Bank" refers to ICICI Bank Limited, a company incorporated under the Companies Act, 1956 and a bank within the meaning of 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. The expression “ICICI Bank” shall, unless it is repugnant to the subject or contexts hereof, include its successors and assigns.
“Customer” refers to an individual (or in case of joint accounts, all of the accountholders, through one accountholder) having an Account and requesting for availing the Services which request has been accepted by ICICI Bank.
“Instrument” shall mean the ICICI Bank cheque drawn by the Customer.
“ICICI Bank Holidays” shall refer to such days on which the ICICI Bank branches shall be closed.
“Services” shall mean the Insta Banking services provided by ICICI Bank to the Customer from time to time and more particularly described below (including any amendments thereto):
- Cash Payment
- Cash Deposit
- Demand draft
- Funds Transfer
- Update PAN
- Update Email Id
- Update Communication Address
- Email Statement Registration
- Any other facility as ICICI Bank may offer to its Customers from time to time
“Application” shall mean the application forms and/or any other form(s)/document(s)/letter(s) submitted in such form and manner as stipulated by ICICI Bank, for availing of the Insta Banking Services from ICICI Bank.
- Applicability of Terms: These Terms form the contract between the Customer and ICICI Bank for availing of the Services. The Services may be availed by the Customer through internet banking non-logged in section or mobile application and/or any ICICI Bank branch and/or through any other mode as may be prescribed by ICICI Bank from time to time.
ICICI Bank shall be entitled at its sole discretion to accept or reject such instruction/(s) as may be submitted by the Customers. For Application(s) submitted through internet banking or mobile application, the Services shall be activated on the same day of data entry by the customer. Customer can avail the Services through any of the ICICI Bank branches immediately.
By applying for the Services, the Customer acknowledges as having read, understood and accepted these Terms. These Terms shall be in addition to and not in derogation of the terms and conditions governing mobile Banking services, Infinity and relating to any Account of the Customer and /or any other product/services provided by ICICI Bank.
- Documentation: Any request for any service/facility, which is offered as a part of Insta Banking, shall be binding on the User as and when ICICI Bank receives such a request. If any request for a service is such that it cannot be given effect to unless it is supported by requisite documentation to be provided by the User, ICICI Bank shall not be required to act on the request until it receives such documentation from the User.
- 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.
Transaction limits shall apply on all the financial services as per product contracted. The Services are currently available only to the Customers holding Account/s with ICICI Bank's branches in India.
In case Instruction is provided for availing of financial/non-financial services, . ICICI Bank shall not be required to independently verify the instructions, and the instruction shall remain effective till such time the same is countermanded by further instructions by the User. ICICI Bank shall have no liability if it does not or is unable to stop or prevent the implementation of an instruction, which is subsequently countermanded. 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. Customer shall be required to be present at any ICICI Bank Branch for fulfillment of the transaction. In addition, customer may need to complete the documentation & signature formalities at the branch. Customer shall be provided an acknowledgement form (the “Acknowledgement Form”).
- Accuracy of Information: The User is responsible for the correctness of information supplied to ICICI Bank for use of the Insta Banking / while using any facility of Insta 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.
- Availability and Disclosure:
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. 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 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.
ICICI Bank shall endeavor to carry out the Instructions of the Customer provided that ICICI Bank, shall not be responsible for the delay in carrying out such Instructions due to any reason whatsoever, including, but not limited to, failure of operational systems or any requirement of law or ICICI Bank’s internal policies.
- 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.
The Customer agrees and acknowledges that transmission of information through mobile application/ internet non logged in section is not a secure means of sending information and may be subject to tampering and unauthorized 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, not-error or delay in, or omission of, (1) any data, information or message in the Instructions given over the mobile application or internet, or (2) any loss or damage arising from or occasioned by (i) any such inaccuracy, not-error, delay or omission, or (ii) 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, labor 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 unauthorized 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 that ICICI Bank shall not be liable if:
- the Customer has breached any of the Terms, contained herein or
- the Customer has contributed to or the loss is a result of failure on part of the
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 instructions received through mobile application or through Internet non logged in section.
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 mobile application or Internet 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 charges/fees received by ICICI Bank from the Customer under this arrangement.
- Other Operational Terms: If the customer does not visit the branch within seven (7) working days of the date of initiating a transaction, the same shall be cancelled and customer will need to re-initiate the same. Instruction for modifications of an earlier Instruction shall not be permissible through internet not logged in section or mobile application, Customer shall be required to visit the branch for amendments.
The Services shall be available to the Customer between business hours of the respective branch on every working day of ICICI Bank. The Customer accepts that he will be responsible for keying in the correct details of the account number and related details. In no case shall ICICI Bank be held liable for any erroneous transactions incurred, arising out of or relating to the User entering wrong details
Pursuant to the Customer's Instructions, ICICI Bank may contact the Customer through phone, email, letter or otherwise for processing the Instructions.
- Charges/Fees: ICICI Bank reserves the right to charge and recover from the Customer fees along with 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.
- Change of Terms: ICICI Bank shall have the absolute discretion to amend or supplement any of the Terms and/or terms and conditions stipulated by ICICI Bank and/or its Affiliates pertaining to the Accounts and/or to any services/facilities offered by ICICI Bank and/or its Affiliates at any time and shall give prior notice of one month (except for change in interest rates) by hosting the same on the Website or in any other manner as decided by ICICI Bank. The Customer shall be responsible for regularly reviewing these Terms and the terms and conditions stipulated by ICICI Bank and/or its Affiliates including amendments thereto as may be posted on the Website. Such amended Terms and terms and conditions stipulated by ICICI Bank and/or its Affiliates will thereupon apply to and be binding on the User at the expiry of one month from the date of notice.
- Joint Accounts: In case of Joint Accounts, transactions through Internet Banking, shall 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. 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
- Disclaimer of Warranties: The Client expressly agrees that use of the Website is at its sole risk. The Website is provided on an "as is" and "as available" basis. Except as warranted in the Terms, ICICI Bank expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement in Internet Banking. ICICI Bank does not warrant that access to the Website and Internet Banking shall be uninterrupted, timely, secure, or error free nor does it make any warranty as to the results that may be obtained from the Website or use, accuracy or reliability of Internet Banking. ICICI Bank does not guarantee to the User or any other third party that Internet Banking would be virus free. ICICI Bank will not be liable for any virus that may enter the User's system as a result of the User using Internet Banking.
- Indemnity: In consideration of ICICI Bank providing the User the Insta Banking service the User agrees, at its own expense, to indemnify, defend and hold harmless ICICI Bank, its directors, employees, representatives, agents, and its Affiliates against any loss, damage, expense, cost, including, but not limited to, reasonable attorneys' fees and costs awarded suffered by them; or any claim, suit, action or other proceeding brought against them by the User or a third party, to the extent that such loss, damage, expense, cost, claim, suit, action of other proceeding is based on or arises as a result of or in connection with:
- ICICI Bank or Affiliates' execution of the User's instructions
- a violation of the Terms by the User;
- any unauthorized use of, Internet Banking by the User;
- any misrepresentation or breach of representation or warranty made by the User; or The User 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 them against any such loss or expense even though they may not have arisen directly or are contingent in nature. The User hereby agrees that under no circumstance shall, ICICI Bank's aggregate liability for claims relating to Internet Banking, whether for breach or tort (including but not limited to negligence) exceed the transaction charges/fees or consideration paid by the User within the previous twelve (12) months for Internet Banking, excluding any amount paid towards transactions.
- Proprietary Rights: ICICI Bank shall make reasonable efforts to update from time to time the internet software such as browsers, which are required for availing of Internet Banking. There will be no obligation on ICICI Bank to support all or any versions of the internet software as may be required for offering Internet Banking. 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.
- Termination: ICICI Bank may, at its discretion, withdraw temporarily or terminate the Services, either wholly or in part, at any time without giving prior notice to the Customer. ICICI Bank may, without prior notice, suspend the Services 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 Services. ICICI Bank shall endeavor to give a reasonable notice for withdrawal or termination of the Services.
At any time, 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 Infinity on the Terms and Conditions page that it shall not accept further Instructions and that notice shall be deemed to be effective against the Customer on receipt of the same.
ICICI Bank may suspend or terminate the Services without prior notice if the Customer has breached these Terms or ICICI Bank learns of the death, bankruptcy or lack of legal capacity of the Customer.
- Governing Law:
These Terms shall be governed by the laws of India. The parties 1hereby 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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