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Terms & Conditions
Terms and Conditions governing ICICI Bank's Foreign Travel Financial Services through ICICI Bank's Internet Banking
These Terms and Conditions (the "Terms") apply to and regulate the provision of foreign travel financial services (the "Services") offered by ICICI Bank through its website http://www.icicibank.com (the "Website"). These Terms are in addition to and not in derogation to ICICI Bank's Internet Banking terms and conditions (the "Primary Terms"). In the event of any inconsistency between these Terms and Primary Terms, these Terms shall prevail.
All capitalised terms used herein but not defined would have the same meaning as specified under the Primary Terms.
The following words and phrases shall have the meanings as provided herein below unless the context indicates otherwise:
- "Account/s" refers to the User's ICICI Bank savings/current account(s) . credit card account so maintained with ICICI Bank, which are eligible Account(s) for purposes of Internet banking facility.
- 1.2 "Affiliate" shall mean and include:
- 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.
- "ICICI Bank " shall mean and refer to ICICI Bank Limited, a company incorporated under the Companies Act, 1956 and licensed as a bank under the Banking Regulation Act, 1949 and having its registered office at Landmark, Race Course Circle, Vadodara 390 007 and corporate office at ICICI Bank Towers, Bandra Kurla Complex, Mumbai 400 051.
- "Internet banking" shall mean and refer to the internet banking service offered by ICICI Bank to the User including services such as enquiry about balance in the Account, details about transactions in the Account(s), statement of Account, transfer of funds, bill payment and any other service as ICICI Bank may decide to provide from time to time through internet. The availability/non-availability of a particular service shall be communicated to the User through email, web page of ICICI Bank or in writing as may be deemed fit by ICICI Bank. Such Internet Banking may be provided by ICICI Bank directly or through its associates or contracted service providers.
- "RBI" shall mean the Reserve Bank of India.
- "Services" shall mean and refer to the facility made available to the User/s to purchase foreign exchange, ICICI Bank Travel Card, traveler's cheque through the Website for the purpose of traveling abroad.
- "User" shall mean and refer to a person having an Account(s) with ICICI Bank and who avails the Services using the Account(s).
- "Website" shall mean and refer to the website owned, established and maintained by ICICI Bank at the URL ww.icicibank.com.
Interpretation: 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; " 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 the Services. By availing the Services, the User acknowledges and accepts these Terms. Notwithstanding anything contained herein, all terms and conditions stipulated by ICICI Bank, its Affiliates, pertaining to any services/facilities offered by ICICI Bank, its Affiliates, shall continue to be applicable to the Users, provided, however, in the event of a conflict in such other terms and conditions stipulated by ICICI Bank, its Affiliates and the Terms herein, the Terms shall have an overriding effect. These Terms will be in addition to and not in derogation of the terms and conditions relating to any Account(s) of the User and/or to those relating to services/facilities offered by ICICI Bank, its Affiliates and availed by the User.
The User shall be informed in the manner as may be decided by ICICI Bank of the regulatory as well as internal guidelines / policies as regards to the eligibility and documentation requirement for the purpose of availing Services on Website. The User acknowledges and agrees to accept and adhere to the requirements.
Once the User has placed the request for foreign exchange and the payment amount has been received by ICICI Bank from the Account of the User, the request cannot be cancelled by the User subsequently. In the event that the User refuses to accept the foreign exchange at the time of delivery within the time period as shall be specified by ICICI Bank from time to time, the amount debited by ICICI Bank from the Account of the User at the time of placing the request, shall be credited back to the User's Account after deduction of applicable charges as shall be decided by ICICI Bank within 10 days from the date of cancellation of the request.
At the time of delivering foreign exchange to the User, ICICI Bank shall verify and collect the required documents depending on the purpose of travel. If any discrepancy is found in the documents furnished by the User, ICICI Bank shall not provide the foreign exchange to the User and the transaction shall be cancelled at the sole discretion of ICICI Bank. The amount will be credited to the User's Account after deduction of applicable charges within 10 days.
If the User provides incomplete/inaccurate details at the time of placing request for foreign exchange or if ICICI Bank finds that execution of the request will be in violation of any applicable law / regulations / guideline etc, the request shall stand cancelled at the sole discretion of ICICI Bank. In the given situation foreign exchange shall not be delivered to the User and the amount received from the User at the time of placing request will be credited back to the User's Account after deducting the cost incurred by ICICI Bank.
Notwithstanding anything to the contrary contained in these Terms, the rate displayed is only indicative and transactions, if any, shall be executed at the rate prevailing at the time of entering into the relevant transaction.
If the User wishes to buy travel insurance after placing the request, the User shall be directed to Affiliate's website for availing the same.
Accuracy of Information
The User is solely responsible for the correctness of information supplied to ICICI Bank while availing the Service on Website. ICICI Bank accepts no liability for the consequences arising out of erroneous information supplied by the User. The User acknowledges and agrees that he/she has read and understood the Terms as well as other eligibility and documentation requirements applicable to the Service and specified to him from time to time and agrees to abide by them at all times.
Representations by the User
The User represents to ICICI Bank that All information furnished at the time of placing request is true, accurate and correct in every material respect.
The total amount of foreign exchange purchased from or remitted through, all sources in India including through this Service does not exceed the limit prescribed by RBI for the purpose as may be indicated by the User.
The usage of foreign exchange availed by the User shall be in accordance with the Exchange Control Regulations of RBI and the applicable laws in force from time to time.
In the event that the User does not undertake the travel for which foreign exchange is procured, he shall surrender the availed foreign exchange to ICICI Bank within 180 days of the release of foreign exchange to him.
Limitation of Liability
ICICI Bank shall not be liable for any unauthorised transactions carried out by the User as regards the Services. ICICI Bank shall under no circumstance be held liable to the User for non-availability, inaccuracy, incompleteness or non-utility of the Services, in the desired manner for reasons including but not limited to natural calamities, legal restraints, network failure, system errors, 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.
ICICI Bank is not liable in any fashion for any transactions executed by the User on websites hosted by the Affiliate. For such transaction, the User shall be bound by the terms and conditions as laid down by the Affiliate for such transaction and the User agrees not to involve ICICI Bank in any manner whatsoever in any dispute with such Affiliate.
In consideration of ICICI Bank providing the User the Services, the User shall, at his own expense, indemnify and hold ICICI Bank, its directors and employees, representatives, agents 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 giving effect to 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 the Service, and/or for any action taken or omitted to be taken by ICICI Bank, its officers, employees or agents, on the instructions of the User. The User shall pay ICICI Bank such amount as may be determined by ICICI Bank 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 and agents against any claim, suit, action or other proceeding brought against ICICI Bank, its directors and employees, representatives, agents 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 is based on or arises in connection with the User with reference to:
- a violation of the Terms contained herein 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.
Disclosure of Information
The User agrees that ICICI Bank and/or Affiliates or their contractors may hold and process his Personal Information provided by the User and all other information concerning his Account(s) on computer or otherwise in connection with the Service 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.
Change of Terms
ICICI Bank shall have the absolute discretion to amend or supplement any of the Terms at any time. ICICI Bank may communicate the amended Terms 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 including amendments thereto as may be posted on the Website.
Notices under these Terms may be given by ICICI Bank and the User in writing by delivering them by hand or by sending them by post to the address given by the User and in the case of ICICI Bank to its corporate office address as set out hereinabove.to In addition, ICICI Bank may also publish notices of general nature, which are applicable to all Users in a newspaper or on the Website. Such notices will have the same effect as a notice served individually to each User. Notice and instructions will be deemed to be served 7 days after posting or upon receipt in the case of hand delivery, cable, telex or facsimile.
The Services and these Terms shall be governed by the laws of India as amended from time to time. The Parties hereby agree that any legal action or proceedings arising out of the Services 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 for Services 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.
The Services would be available to the Users in certain cities only and during timings specified by ICICI Bank from time to time. Requests for foreign exchange would be executed within 48 working hours of placing the request or within such time period as may be specified by ICICI Bank from time to time.
These Terms contain ICICI Bank's entire arrangement (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 the Services. 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 of the Services. No third party will have any rights or claims under these Terms.
Right of set-off and Lien
ICICI Bank shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future, on the deposits/scrips 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 Services extended to and/ or used by the User.
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