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Terms and Conditions for Pockets for NRIs
These terms and conditions (“Terms”) apply to and regulate the provision of specified products and services provided by ICICI Bank through the Application page. These Terms are in addition to and not in derogation with ICICI Terms and Conditions for NRE, NRO,FCNR and RFC Accounts (“Primary Terms and Conditions”) and such other terms and conditions as may be specified by ICICI Bank from time to time. In case of any inconsistency between these Terms and Primary Terms and Conditions /other specified terms and conditions, these Terms shall prevail.
"Account(s)" or "Accounts" or "Account" refers to the User's bank account(s) so maintained with ICICI Bank which are eligible Account(s) for purposes of availing products and services through this application.
“Account holder" refers to any person who is a non-resident Indian (“NRI”) and/ or Person of Indian origin (“PIO”) and is holding a savings/current Non Resident (Ordinary) (“NRO”) , Non Resident (External) (“NRE”) account or their NRI variants like NRI Pro, NRI Premia and NRI Low Balance Account with ICICI Bank.
"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 or in more than 26% of the voting securities of which ICICI Bank has a direct or beneficial interest or control.
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 organization or other body whatsoever.
“All Relationships" refers to Linked Account(s), Linked Credit Card(s) and/ or Linked Demats which are linked to User ID.
“Application" shall mean such application, access to which may be obtained by the User, for availing Services, by registering himself through the Application post successful authentication/verification. Application includes all application pages and service pages which are part of the Application.
“Debit Card” or “Card” refers to the card issued to Account Holder/s against the Account/s. The Services on this Application are available to primary Debit Card/s linked to the Accounts and not on add on cards.
“Facebook” shall mean the social networking site www.facebook.com through which the User can access the Application. Facebook is owned by a third party not affiliated with ICICI, and ICICI is not responsible for Facebook’s privacy or security policies.
“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 ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodara 390 007, T +91-265-6722286 and corporate office at ICICI Bank Towers, Bandra Kurla Complex, Mumbai 400 051.
"ICICI Bank 24-Hour Customer Care Centre" refers to ICICI Bank - Phone Banking Service provided by ICICI Bank to the Users.
"Linked Accounts" refers to ICICI Bank savings / current accounts of User linked to his User ID.
"Linked Credit Cards” refers to ICICI Bank credit cards of User linked to his User ID.
“Linked Demats” refers to ICICI Bank demat account(s) of the User linked to his User ID.
"Personal Information" refers to the personal information provided by the User to ICICI Bank.
"PIN" shall mean 4 digit numeric password issued by the bank for Debit card. The PIN can be personalized by the customers as per his/her requirement.
“Services” refers to the products and services as made available by ICICI Bank to the Users through the Application from time to time and as more specifically mentioned below in the Services section.
“User” refers to an Account holder of ICICI Bank, authorized and eligible to avail products and services through this Application. In case of the User being a minor, the guardian of such minor shall be permitted to avail products and services through this Application.
“User ID ” refers to retail internet banking user id of User, to which the Account(s) is linked.
"Website" refers to the website owned, established and maintained by ICICI Bank located at the URL www.icicibank.com.
In these Terms, unless the contrary intention appears a reference to :
an "amendment" includes a supplement, modification, novation, replacement or re-enactment and " amended" is to be construed accordingly;
an "authorisation" or "approval" includes an authorisation, consent, clearance, approval, permission, resolution, license, exemption, filing and registration;
“law” includes any constitution, statute, law, rule, regulation, ordinance, judgement, order, decree, authorisation, 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 form or thereafter and each as amended from time to time.
- the singular includes the plural (and vice versa);
- the headings in these Terms are inserted for convenience of reference only and are to be ignored in construing and interpreting the Terms;
- 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;
APPLICABILITY OF TERMS:
These Terms form the contract between the User and ICICI Bank for availing Services through the Application. For availing the Services, the User shall be required to register on the Application as per the instructions provided on the Website. ICICI Bank shall be entitled at its sole discretion to accept or reject such registration requests by the Users and its decision in this regards shall be final and binding. By registering on the Application for availing the Services, the user acknowledges and accepts these Terms. While availing specified services through the Application, certain additional service terms and conditions (“Service Terms”) shall be mentioned on respective service application page/s and the User’s conduct of continuing to avail the Service shall amount to his/her acceptance of such Service Terms and shall be binding on the User.
For the purpose of availing the Services through the Application, the User would need to have legal and valid access to the Facebook website and should be an Account holder having valid and subsisting ICICI Bank’s Debit Card linked to the Account.
The information provided to the User through the Application is not updated continuously but at regular intervals. Consequently, any information supplied to the User through the Application will pertain to the date and time when it was last updated and not as the date and time when it is supplied to the User. ICICI Bank shall not be liable for any loss that the User may suffer by relying on or acting on such information. ICICI Bank may keep its records of the transactions in any form it wishes. In the event of any dispute, ICICI Bank's records shall be binding as the conclusive evidence of the transactions carried out through the Application in the absence of clear proof that ICICI Bank's records are erroneous or incomplete.
Any request for any Service, which is offered as a part of the Application 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 followed up by requisite documentation on part of the User, ICICI Bank shall not be required to act on the request until it receives such documentation from the User.
The User shall ensure that the Application is not used for any purpose which is illegal, improper or which is not authorised under these Terms/other specified terms. The User understands that the Application can be accessed/used only when the User has an enabled secured browsing in his/her Facebook security settings.
The Services which may be availed by the User through the Application are as follows:
- Statement of All Relationships of the User
- Request for onscreen display of Linked Account(s) details;
- Request for onscreen display of Linked Account(s) summary;
- Request for onscreen display of mini statement of Linked Account(s);
- Display of Linked Credit Card statements and payment dues
- Display of holding statement of Linked Demat account
- Cheque book request;
- Stop cheque request;
- Cheque status inquiry request;
- Request for email statements;
The availability/non-availability of a particular Service shall be communicated to the User through email or web page of ICICI Bank or in writing as may be deemed fit by ICICI Bank. The Application may be provided by ICICI Bank directly or through its associates or contracted service providers.
Apart from the above Services, the following Services may also be availed by the User:
- Facility to pay utility bills to billers registered under his User Id
- Facility to transfer money to Linked Accounts of User
- Facility to transfer money to other ICICI Bank accounts which are registered as payee under his User Id
- Facility to view transaction history.
The availability/non-availability of a particular Service shall be communicated to the User through email or by displaying the same on the Website or in writing as may be deemed fit by ICICI Bank.
Limitation on Transactions:
There shall be daily transaction limit of Rs. 50000/- on fund transfer to registered payee/Biller through this Application.
New limits may be introduced and modification in these limits may be carried out at the sole discretion of ICICI Bank.
In order to avail the Financial Services mentioned above successfully, the User shall have to put in a One Time Password (OTP) every time for availing the Financial Services. Such OTP shall be sent to the User's registered email address with ICICI Bank. The transaction shall be executed only when User enters correct OTP as sent by ICICI Bank for that transaction. Such OTP shall be valid for that transaction only.
The User shall take all necessary precautions to prevent unauthorised and illegal use of the Application and Services offered through the Application. The User agrees not to use/access the Application and/or Services offered through the same in any manner other than as authorised by ICICI Bank. In case the User uses the Application for any purpose which is illegal, improper or which is not authorised under these Terms/other specified terms then ICICI Bank has a right to disable the use of Application. ICICI Bank shall take all commercially reasonable care to ensure the security of and to prevent unauthorised access to the Application and Services offered through this Application, using commercially reasonable technology available in India to ICICI Bank.
REGISTRATION FOR THE APPLICATION ACCESS:
User shall be required to register on the Application to avail Services. Registration shall be done based on successful authentication of User’s ICICI Bank Debit Card and 4-digit PIN. Post successful authentication, User shall be required to create a confidential and personal password (“Password”) as per the specifications provided on the Application. Post the above, the User shall be able to access the Application and Services through use of the Password. As a safety measure the User must ensure that the Password is kept confidential and is not disclosed to anyone; and to not let any unauthorised person have access to Application while the User is accessing the Application and Services offered through this Application.
If the User forgets the Password, the User can after authentication, by providing ICICI Bank’s Debit Card and 4-digit PIN of the Debit Card, regenerate a new Password, on the Application for availing the Services. As a safety measure, a session in the Application shall expire if it remains unused for a fixed period of time and the User will have to login again to access the Application. The time period would be decided by ICICI Bank, at its sole discretion, from time to time after evaluating the associated risks. The allowing of access again to the Application and Services offered through this Application shall not be construed as the commencement of a new contract. On three consecutive unsuccessful log-in attempts, the Password will be disabled and the User shall have to regenerate a password through the ‘Forgot Password’ link on the Application. The User shall not attempt to access the Account information stored with ICICI Bank through any means other than through authorised channels as provided by ICICI Bank.
The User acknowledges, represents and warrants that the Password which will be generated by the User, at any time, that is either at the time of registration for Application or anytime thereafter through ‘Forgot Password’ option on the Application, provides access to the Application and that the User is the sole and exclusive owner and is the only authorised user of the Password and accepts sole responsibility for use, confidentiality and protection of the Password as well as for the Services availed through the use of Password. The User grants express authority to ICICI Bank for carrying out transactions and instructions authenticated by such Password. The User unconditionally undertakes to have 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 Application while the User is accessing the Application / Services thereof. If the User forgets the Password, then the User may regenerate the Password instantaneously on the Application in the same manner as the first Password was generated 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 availment of Service by the User and the User shall fully indemnify and hold harmless ICICI Bank and its 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. The User agrees and acknowledges that any loss, damage, liability caused or suffered by the User due to disclosure of all information of confidential nature shall be borne by the User without transferring any liability or responsibility towards ICICI Bank. The User shall comply with such guidelines, instructions or terms as ICICI Bank may prescribe from time to time with respect to the Password/Services/ Application.
In case of joint Account(s), registration on and transactions through the Application, shall be available if the mode of operation is indicated as 'either or survivor' or 'anyone or survivor'. The User desirous of availing the Service through Application should either be the holder of ICICI Bank’s Debit Card linked to the Account held by the User as sole signatory or authorised to act independently in case of a joint account. The joint Account holders shall have to register separately/individually on the Application for accessing the Application. In case of joint Account(s) operated by more than one User with same Debit Card, 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 Application in the joint Account(s) shall be binding on all the joint Account holders, jointly and severally.
ICICI Bank reserves the right to charge and recover from the User, service charge for providing Services through the Application. The User hereby authorises ICICI Bank to recover the service charge by debiting one of the Account(s) 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 suspension of the Services made available through the Application without any liability to ICICI Bank.
MAINTENANCE OF SUFFICIENT BALANCE:
The User shall ensure that there are sufficient funds (or prearranged credit facilities)/minimum required balance in any Account for transactions through the Application 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 costs and charges.
ICICI Bank may, at its discretion, levy penal charges for non-maintenance of the minimum balance. In addition to the minimum balance stipulation ICICI Bank may levy service charges for use of Application which will be notified by ICICI Bank to the User from time to time by displaying the changes on the Website or such other means of communication as decided by ICICI Bank from time to time. Any change in such service charges will also be notified to the User. The User authorises ICICI Bank to recover all charges related to Application as determined by ICICI Bank from time to time by debiting any of the Account(s).
ICICI Bank may withdraw the provision of these Services, wholly or partly, if at any time the amount of deposit falls short of the required minimum as aforesaid and / or if the service charges remain unpaid, without giving any further notice to the User and / or without incurring any liability or responsibility whatsoever by reason of such withdrawal.
The User expressly agrees and acknowledges that in the event the User chooses to apply for Service/s provided by ICICI Bank through Application, he/she may do so by registering for the Application in the manner specified by ICICI Bank, unless specifically required by ICICI Bank to be submitted in physical form only / also. In the event such Service is sanctioned by ICICI Bank to the User, the User expressly agrees and acknowledges to have read and understood the terms and conditions that govern such Service and be bound by such terms and conditions at all times during the tenure of the Service, and as may be amended by ICICI Bank from time to time. Further, the User agrees and undertakes to sign such other documents as may be required by ICICI Bank from time to time.
AUTHORITY TO ICICI BANK:
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 Application. The instructions of the User shall be effected only when such instruction is in accordance with the prescribed procedure and applicable laws.
By registering on this Application you understand and acknowledge that ICICI Bank shall have access to and retain the information on your Facebook user account including basic information, email id, Facebook profile information, photographs and friend list along with friends’ profile information and the Account related details/information of the User. The User understands and acknowledges that Facebook is not seeking any Account related information/details of the User and at no point of time the same will be accessible to, held or retained by Facebook and Facebook shall not be liable in any manner for such information/details. ICICI Bank shall have no obligation to verify the authenticity of any transaction / instruction received or purported to have been received from the User through the Application or purporting to have been sent by the User other than by means of verification of the Password.
All the records of ICICI Bank generated in relation to the transactions arising out of the availment and use of the Service/s through Application, including the time the transaction is recorded, shall be conclusive proof of the genuineness and accuracy of the transaction. While ICICI Bank shall endeavour to carry out the instructions promptly, it shall not be responsible for any delay in carrying on the instructions due to any reason whatsoever, including due to failure of operational systems, technical issues or any requirement of law. All the instructions/ transactions arising out of availment and use of the Service/s through Application to operate a joint Account shall be binding on all the joint Account holders, jointly and severally.
All actions taken for accessing the Application and/ or all instructions given for availment of Service/s shall be taken/ given, through computer or any other medium/channel enabled by ICICI Bank for the purpose, 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 the same shall be considered to be sufficient to operate / access the Application and/or avail/ effect the Service/s. 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. ICICI Bank states that it has 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 Application 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 Application / Service(s).
Any instruction, order, direction, request entered using the Password of the User shall be deemed to be an instruction, order, directive, request received from the User. All instructions, requests, directives, orders, directions, entered by the User, either electronically or otherwise are based upon the User's decisions and are the sole responsibility of the User. The User understands that entering an instruction, direction, order, request with ICICI Bank, either electronically or otherwise, does not guarantee execution of such instruction, direction, order or request. ICICI Bank shall not be deemed to have received any instruction, direction, order, request electronically transmitted by the User until it confirms the receipt of such instruction, direction, order, request.
ACCURACY OF INFORMATION:
The User is responsible for the correctness of information supplied to ICICI Bank for access / use of the Application and/or availment of Services through any other means such as electronic mail or written communication. 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 through the Application or any other communication, he shall immediately advise ICICI Bank, which will endeavour to correct the error wherever possible on a "reasonable efforts" basis.
LIABILITY OF THE USER AND ICICI BANK:
Neither ICICI Bank nor its Affiliates shall be liable for any unauthorised transactions occurring through the access / use of the Application and/or availment of Services 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 access to Application and/or Services 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 Application and/or Services shall render the User liable for payment of financial charges as decided by ICICI Bank and/or will result in suspension of the operations through the Application.
DISCLAIMER OF WARRANTIES:
The User expressly agrees that the access / use of the Application and/or availment of Services is at its sole risk. The Application 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 Application / Services.
ICICI Bank does not warrant that access to the Website and Application and/or Services 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 the Application and/or Services . ICICI Bank does not warrant and shall not be responsible for any delay in carrying on the instructions due to any reason whatsoever, including due to failure of operational systems, technical issues or any requirement of law.
ICICI Bank will not be liable for any virus that may enter the User's system as a result of the User using/accessing the Application and/or during availment of Services. ICICI Bank does not guarantee to the User or any other third party that the Application would be virus free.
In consideration of ICICI Bank providing the User, access to the Application and/or Services, the User shall, at his own expense, indemnify and hold ICICI Bank, its directors and employees, representatives, agents and/or the Affiliates, as the case may be, 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’s 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 Service through the Application, 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 by ICICI Bank and/or the Affiliates to be sufficient to indemnify it against any such, loss or expenses even though they may not have arisen or are contingent in nature.
Further, the User agrees, at its own expense, to indemnify, defend and hold harmless ICICI Bank, its directors and employees, representatives, agents, and its Affiliates against any claim, suit, action or other proceeding brought against ICICI Bank, its directors and employees, representatives, agents, and Affiliates by a third party, to the extent that such claim, suit, action of other proceeding brought against ICICI Bank, its directors and employees, representatives, agents, and Affiliates is based on or arises in connection with:
- provision of the Services;
- a violation of the Terms contained herein by the User;
- any deletions, additions, insertions or alterations to, or any unauthorised use of / access to Application / Service(s) , by the User;
- any misrepresentation or breach of representation or warranty made by the User contained herein; or
- any breach of any covenant or obligation to be performed by the User hereunder. The User agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
The User hereby agrees that ICICI Bank's total aggregate liability for claims relating to ICICI Bank’s obligations contemplated under these Terms, whether for breach or in tort (including but not limited to negligence) shall be limited to the transaction charges/fees or consideration paid by the User within the previous twelve (12) months for use of / access to Application / availing Service(s).
DISCLOSURE OF INFORMATION:
The User agrees that ICICI Bank and/or Affiliates or their contractors may hold and process the User’s Personal Information and all other information concerning his Account(s) on computer or other device otherwise in connection with the use of / access to Application / availing Service(s) 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, or for fraud prevention purposes.
However, ICICI Bank has adopted the mode of authentication of the User by means of verification of the Debit Card number and/or through verification of Password, Debit Card PIN allotted by ICICI Bank to the User or through any other mode of verification as may be stipulated at the discretion of ICICI Bank, which are not recognized under Information Technology Act, 2000 for authentication of electronic records. Therefore, the User is solely responsible to maintain the secrecy and confidentiality of the Password / PIN / Card details without any liability of ICICI Bank in this regard.
CHANGE OF TERMS:
ICICI Bank shall have the absolute discretion to amend or supplement any of the Terms, Service Terms, Primary Terms and Conditions or Guidelines at any time and shall endeavour to notify the User by hosting the same on the Website or in any other manner as decided by ICICI Bank. The User shall be responsible for regularly reviewing these Terms, Service Terms, Primary Terms, Guidelines and other terms including amendments thereto as may be posted on the Website. Such amended Terms, Service Terms, Primary Terms, Guidelines, other terms will thereupon apply to and be binding on the User.
If in the opinion of the User, the changes are to his/her disadvantage, the User may opt to close the Account and/or discontinue with the Service/s, without paying any extra charges or interest by intimating ICICI Bank of the same by contacting our 24 hour customer care. By using any new services as may be introduced by ICICI Bank, the User shall be deemed to have accepted the changed Terms and additional terms and conditions stipulated by ICICI Bank.
The grant of access to the Application to a User is not transferable under any circumstance and shall be used only by the User.
The User may terminate his/her access to the Application and/or discontinue availing of Services, by unsubscribing his/her registration to the Application. The User shall be required to put in a request on the Application for unsubscribing/terminating. The User shall remain responsible for any transactions made through the Application until the time of such termination.
ICICI Bank may withdraw or terminate the access to the Application and/or discontinue provision of Service(s) anytime either entirely or with reference to a specific Service or User without notice to the User. This Clause shall survive the termination of this arrangement or this Application for any reason whatsoever.
Notices under these Terms shall be given by the User in writing by delivering them by hand or by sending them by post to ICICI Bank’s corporate office address as set out hereinabove and shall be deemed to be delivered upon receipt of an acknowledgment by an officer of ICICI Bank. ICICI Bank may publish notices of general nature, which are applicable to all Users in a newspaper or on its Website. Such notices will have the same effect as a notice served individually to each User. Any notices, not of a general nature, may be given by ICICI Bank to the User at the last address given by the User to ICICI Bank or on his registered e-mail ID and shall be deemed delivered 7 days after posting or when sent through email at the time when it is sent, unless a delivery failure notification is received by ICICI Bank..
These Terms and/or access/ use of the Application and/ or the rendering of the Services 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.
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 access to Application/ Services to such Accounts or products or services and the User opts for use thereof, then the Terms shall automatically apply to such further use / access by the User.
The clause headings herein are for convenience only 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. The User would have to ensure that the equipment used for availing of Services / accessing Application meets the criteria as may be speci'fied by ICICI Bank from time to time. All costs incurred by the User including telecommunication costs to access the Application / avail the Service/s would be borne by the User.
As a tool to correct misunderstandings, the User understands, agrees and authorises ICICI Bank, at its discretion, and without further prior notice to the User, to monitor and record any or all telephone conversations or electronic communications between the User and ICICI Bank and any of its employees or agents.
These Terms contain the entire arrangement in relation to the Service (except as otherwise expressly provided herein) and supersede and replace any previously made proposals, representations, understandings and agreements, express or implied, either oral or in writing between the User and ICICI Bank for arrangement contemplated under these Terms. The User acknowledges that it has not relied on any representation made by ICICI Bank or any of its employees or agents and has made its own independent assessment for availing Service/s and/or accessing Application. No third party will have any rights or claims under these Terms.
The User, his/ her heirs, legal representatives, executors, administrators and successors are bound by these Terms. The User shall not assign his/her rights or obligations under the Service to any person. ICICI Bank may assign its rights and/or obligations hereunder, at any time, to any person without notice to the User.
RIGHT OF SET-OFF AND LIEN:
CICI 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/scripts 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 provision of Services to the User and/or access by the User of Application
ICICI Bank shall make reasonable efforts to advise the User from time to time regarding the internet softwares such as browsers, which are required for availing of Service(s) and/or accessing Application. There will be no obligation on ICICI Bank to support all or any versions of the Internet software as may be required for offering Service(s)/ providing access to Application. The User acknowledges that the underlying software as well as other internet related software which are required for accessing the Application / availing the Service/s are the legal property of the respective vendors. The permission given by ICICI Bank to access the Application / avail the Service/s 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 underlying software or create any derivative product based on the software. “ICICI Bank” and “I man” logo are trademarks and property of ICICI Bank Limited. Infringement of any intellectual property is strictly prohibited.
COMMUNICATIONS THROUGH ELECTRONIC MEANS:
Documents sent by electronic delivery will contain all the information as it appears in the printed hard copy version as prepared and distributed by the originator, with the possible exception of graphic insertions such as photographs or logotypes. Electronic delivery may be in the form of an electronic mail, an attachment to the electronic mail, or in the form of an available download from the Website or the Application. ICICI Bank would be deemed to have fulfilled its legal obligation to deliver to the User any document if such document is sent via electronic means. Failure to advise ICICI Bank of any difficulty in opening a document so delivered within twenty-four (24) hours after delivery shall serve as an affirmation regarding the acceptance of the document.
24-HOUR CUSTOMER CARE CENTRE:
User can call ICICI Bank 24-Hour Customer Care Centre to find the status of any request placed by the User. Any complaints with respect to the Services and/or Application can be registered at ICICI Bank 24-Hour Customer Care Centre.
ICICI Bank may, at its sole discretion, utilize the services of external service provider/s or agent/s and on such terms as required or necessary, in relation to its products/services.