Terms and Conditions of Wallet Facility Powered by ICICI Bank

Last Updated Date - 15-10-2019

These terms and conditions (“Terms”) apply to and regulate the provisions of the Wallet facility powered by ICICI Bank on Swiggy’s mobile Application.

1. Definitions:

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

• “Application”: Application refers to Swiggy’s mobile application on which Wallet facility powered by ICICI Bank is available to Users to avail Products offered on application.
• “Wallet”: It refers to ICICI Bank’s virtual semi closed prepaid instrument which is available on Application. having a monthly transaction limit of Rs, 10000/-.
• “Registered User”: Registered User refers to User who has registered for the Wallet facility powered by ICICI Bank on the Application. .
• “User”: It refers to a holder of the Wallet powered by ICICI Bank, authorized and eligible to avail Products through the Application. In case the user being a minor, the guardian of such minor shall be permitted to avail Products through the Application. It also refers to any other person of 10 years or more (not necessarily having any relationship with ICICI Bank) who has downloaded the Application and registered with Swiggy Wallet for availing services offered through Application.
• “Account Holder”: It shall mean a user holding a retail savings account with ICICI Bank. Non- resident Indians, corporate account holders and foreign holders are not eligible to register for this service.
• “ICICI Bank”: It refers to ICICI Bank Limited, a company incorporated under the Companies Act, 1956 and licensed as a bank under the Banking Regulations Act, 1949 and having its registered office at ICICI Bank Towers, Near Chakli Circle, Old Padra Road, Vadodara-390007, Gujarat and its corporate office at ICICI Bank Towers, Bandra Kurla Complex, Bandra, Mumbai 400 051.
• “BUNDL TECHNOLOGIES PRIVATE LIMITED”, a company incorporated under Companies Act, 1956 , having its registered office at No. 17/9B, 4th Floor, Maruthi Chambers, Rupena Agrahara, Hosur Road, Bangalore – 560 068 hereinafter referred to as “Swiggy”. Swiggy shall provide a platform through its Application to the Users to enable the Users to avail Products using the Wallet facility.
• “Affiliate/s of ICICI Bank”: It shall mean and include any company which is 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 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.
• “Retail Internet Banking”: Retail Internet Banking means Internet Banking services of ICICI Bank that are offered to ICICI Bank’s customers.
• “Personal Information”: It refers to the personal information provided by the User to ICICI Bank.
• "Minimum KYC Wallet" means the Wallet of the User issued by accepting minimum User details The minimum details shall include mobile number verified with an One Time Pin (OTP) and self-declaration of name, unique identification number of either any of the ‘Officially Valid Document (OVD)’ defined under Rule 2(d) of the PML Rules, 2005, or any of the mandatory documents, as applicable, under the PML Rules, 2005.
• “KYC Compliant Wallet” means the Wallet of the User issued by ICICI Bank which is fully KYC compliant and which will enable funding of the Wallet along with P2P Transactions.
• "P2P Transactions" refers to a facility to transfer funds from the User’s Wallet to any other Wallet issued by ICICI Bank or to any savings or current bank account.
• "KYC" stands for Know the Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which ICICI Bank is required to procure Personal Information from the User before any Services can be delivered and/or the Wallet shall be opened by ICICI Bank issued to the User. Know Customer (KYC) documents may be required by ICICI Bank from the User at the time of registration and/or on a later date and/or from time to time, for availing and/or continuation of the Wallet.
• “PPI guidelines” shall mean the Master Direction issued by RBI on Issuance and Operation of Prepaid Payment Instruments dated 11th October 2017 and/or as amended and supplemented by the RBI from time to time.
• “Products” means all the goods and services which are offered for sale on the Application.
• “Services”: It includes the facilitation of payments to Swiggy for the Products purchased by the User through Wallet and enabling of receipt of such payments by Swiggy.
• “User ID” It shall mean user id issued to the User to access the Wallet facility available on the Application.

In these Terms, unless the contrary intention appears:

• a. Any 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, 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 registration or thereafter and each as amended from time to time.
• b. the singular includes the plural (and vice versa);
• c. the headings in these Terms are inserted for convenience of reference only and are to be
• ignored in construing and interpreting the Terms;
• d. reference to the words “include” or “including” shall be construed without limitation;
• e. reference to a gender shall include references to the female, male and neuter genders;

2. Applicability of Terms:

• These Terms form the contract between the User and ICICI Bank for availing Products through the Wallet on the Application. For availing the Wallet facility, the User shall be first required to register on the Application as per the instructions provided on the Application . ICICI Bank shall be entitled at its sole discretion to accept or reject such registration requests by the User/s and its decision in this regard shall be final and binding. By registering for the Wallet, the User acknowledges and accepts these Terms. While availing the Services through the Application, certain additional service terms and conditions or notes (“Service Terms”) applicable, if any, with respect to the specified services, shall be communicated to the User through notes, additional notes or additional terms & conditions while availing the Services 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.

3. Application:

• For the purpose of availing the Services on the Application, the User shall register herself/himself through the Application itself. 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 transaction 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 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 Wallet is not used for any purpose which is illegal, improper or which is not authorized under these Terms/other specified terms.

4. Registration:

• To avail Products on the Application using Wallet, User has to first register, the process for which shall be followed by User on the Application itself.
• If a User is an ICICI Bank Account Holder or ICICI Pockets Wallet holder a User Id will be created instantly for subsequent access to the Wallet and availing the Products offered through the Application, and a Wallet will be issued to the User which will be linked to the User Id created.
• When a User is not an ICICI Bank Account Holder and also does not hold a User Id, the User can still register by providing the Minimum KYC details as mentioned above like name, mobile number, e-mail id, unique identification number etc. and verifying himself/herself with OTP sent to the mobile number provided by him/her during the registration process. Once the verification is successful, a User Id will be created instantly for subsequent access to the Wallet and availing the Products offered through the Application, and a Wallet will be issued to the User which will be linked to the User Id created.
• Though Wallet will be linked to the User Id, it will not be available for transactions on the ICICI Bank Retail Internet Banking portal.

5. Log In to the Wallet:

• A User can log in to the Wallet using the User Id created at the time of registration and can avail Products offered on the Application.

6. Services:

There shall be no interest payable by ICICI Bank on the balances in the Wallet issued to the User. Followings are the products and services which shall be offered by ICICI Bank through the Application. ICICI Bank reserves the right to remove any of the products or services being offered or introduce any new product or services without intimation to the Registered User.

• Wallet Balance Inquiry – This service will provide the last available balance of the linked Wallet.
• Wallet Transaction Inquiry – Mini (last 10 transactions) and Detailed statements (based on date range)
• Wallet Transaction – This service will allow User to load funds into the Wallet or utilize the Wallet funds to make payments, as long as they are within the prescribed limitations of Wallet transactions.

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. Services through this Application may be provided by ICICI Bank directly or through its associates or contracted service providers on behalf of ICICI Bank.

7. Limitation on Transactions:

Followings shall be transaction and/or daily limit for the financial transactions offered through this Application –

Minimum KYC Wallet:

• Wallet shall be reloadable in nature and issued only in electronic form.
• The amount loaded during any month shall not exceed ₹ 10,000/- and the total amount loaded during the financial year shall not exceed ₹ 1,00,000/-
• The amount outstanding at any point of time shall not exceed ₹ 10,000/-.
• The total amount debited during any given month shall not exceed ₹ 10,000/-.
• These Wallets shall be used only for purchase of goods and services on the Application. Funds transfer to bank accounts or Wallets of same / other issuers shall not be permitted.
• A ‘Minimum KYC Wallet’ can be held for a maximum period of 18 months only or as prescribed by RBI from time to time. The period shall be counted from the day of opening of the Wallet. Within this period the Wallet has to be converted into a KYC compliant Wallet and failing which, no further credit in such Wallets shall be allowed. The User shall be allowed only to use the available balance.
• User has the option to close the Wallet at any time and transfer the outstanding balance to his / her ‘own bank account’ after complying with KYC requirements. The account to which the closure proceeds are to be transferred has to be duly verified by the ICICI Bank before allowing such transfer. User can also transfer the funds ‘back to source’ (source of payment from where the Wallet was loaded) at the time of closure.

KYC Compliant Wallet:

• Wallet shall be reloadable in nature.
• KYC Compliant Wallets shall be issued only to the User up to Rs.1,00,000/- post being fully KYC compliant.
• The amount outstanding at any point of time shall not exceed ₹ 1, 00,000/-.
• They can be used for purchase of goods and services and funds transfer
• User has the option to close the Wallet at any time and transfer the outstanding balance to his / her pre-designated bank account. ICICI Bank / Application shall give an option to the User to close the Wallet and transfer the balance to bank account as per the applicable limits. At the time of closure, the User can specify a bank account which can be different from pre-designated account given earlier.

If User is an ICICI Bank Account Holder and his/her daily transaction limit in Retail Internet Banking is exhausted, then User will not be allowed to carry out transactions using the Wallet for the day. ICICI Bank in its sole discretion may introduce new limit/s, modify the said limit/s or detach/attach limit from Retail Internet Banking.

8. Unauthorised Access:

• The User shall take all necessary precautions to prevent unauthorized and illegal use of the Wallet and Services offered through the Application. Where the User uses the Wallet for any purpose which is illegal, improper or which is not authorised under these Terms/ Service Terms, ICICI Bank shall have a right to disable the use of the Wallet. ICICI Bank shall take all commercially reasonable care to ensure the security of and to prevent unauthorised access to the Wallet and the services offered through this Wallet using commercially reasonable technology available in India.

9. 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 submitting the required documents online 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 facility 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 the Services being offered through the Application and be bound by such terms and conditions at all times and which 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.

10. Authority to ICICI Bank:

• The User irrevocably and unconditionally authorises ICICI Bank to access all his/her Wallet for effecting banking or other transactions performed by the User through the Application. The instructions of the User shall be effected only when such instructions are in accordance with the prescribed procedure and applicable laws. 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 authenticating through User Id linked to the Wallet. The read-out, the faxed /email output or the printed output, if any, that is received by the User at the time of availing the Service/s shall be deemed to be a proof of the availment of the Services on the Application through operation of a Mobile application or any other medium enabled by ICICI Bank for this purpose, by the User and shall be accepted as conclusive and binding for all purpose. All records of the transactions, generated by ICICI Bank and arising out of the availment and use of the Service/s through the Application, including the time the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transaction. While ICICI Bank shall endeavour to carry out the instructions promptly, they 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.

11. Instructions:

• All instructions for accessing the Wallet shall be given, through Mobile application or any other medium 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 for ICICI Bank to effect. ICICI Bank shall not be required to independently verify the instructions, and the instruction shall remain effective unless such instructions are cancelled by subsequent instructions that maybe given by the User. ICICI Bank shall have no liability if it does not or is unable to stop or prevent the implementation of such instruction, which is subsequently cancelled. Where ICICI Bank considers the instructions to be inconsistent or contradictory it may seek clarification from the User before acting on any such instruction of the User or ICICI Bank may 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 given by a User. ICICI Bank may refuse to comply with the instructions without assigning any reasons 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 to or expose ICICI Bank to direct or indirect loss. However, ICICI Bank may require an indemnity from the User if the User is allowed to operate the Wallet / Service(s). Any instruction, order, direction and/or request made through the Application which is accessed post successful authentication of User Id /Registered Mobile Number of User shall be deemed to be an instruction, order, direction and/or request received from the User. All instructions, requests, orders, directions entered by the User electronically or otherwise are the sole responsibility of the User. The User understands that entering an instruction, direction, order and/or request with ICICI Bank, either electronically or otherwise, does not guarantee execution of such instruction, direction, order and/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 and/or request.

12. Accuracy of Information:

• The User is responsible for correctness of the information supplied to ICICI Bank for access / use of the Wallet 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 in the application form or any other communication, he shall immediately inform ICICI Bank of such error. ICICI Bank will endeavour to correct the error wherever possible on a "reasonable efforts" basis. A User must ensure that correct information is provided at the time of registration or on-boarding regarding name, DOB, mobile, email id etc. Where ICICI Bank finds the information so provided prime facie to be incorrect or fictitious, then it shall have the right to terminate the usage of the Application and effect closure of the Wallet with forfeiture of the amount if any, lying in the Wallet.

13. 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 Wallet 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 the Wallet and/or Services is not made 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 Wallet 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 Wallet.

14. Disclaimer of Warranties:

• The User expressly agrees that the access / use of the Wallet and/or availment of Services is at the User’s sole risk. The Wallet facility 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 and including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy, completeness and any warranties relating to the non-intrusion by hackers into the Wallet / Services.
• ICICI Bank does not warrant that access to the Wallet 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 use of the Wallet, accuracy or reliability of the Wallet 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 due to any requirement of law.
• ICICI Bank will not be liable for any malware/ virus that may enter the User's system as a result of the User using/accessing the Wallet and/or during availment of the Services. ICICI Bank does not guarantee to the User or any other third party that the Wallet would be virus/ malware free.

15. Indemnity:

• In consideration of ICICI Bank providing the User with access to the Wallet 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, harmless 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 of or by reason of providing any service through the Wallet , for any act or omission by ICICI Bank and /or its 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:
  
  
  • a violation of the Terms contained herein by the User;
  • any deletions, additions, insertions or alterations to, or any unauthorized use of / access to
  • 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 under no circumstances, 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 exceed the transaction charges/fees or consideration paid by the User within the previous twelve (12) months for use of / access to Wallet / availing Service(s), excluding any amount paid towards transactions.

16. Disclosure of Information:

• The User agrees that ICICI Bank and/or Affiliates or their contractors may hold and process his/her Personal Information and all other information in connection with the use of / access to Wallet / availing Service(s) as well as for analysis, credit scoring and marketing. The User further agrees that Swiggy may have access to the information in connection with the transactions undertaken by the User on the Application using the wallet facility including but not limited the amount loaded in the Wallet by the User and the balance available in the Wallet
• 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. As per the Information Technology Act, 2000 (“Act”) a subscriber may authenticate an electronic record by affixing his/her digital signature. The Act also provides legal recognition to digital signatures for authentication of electronic records. However, ICICI Bank has adopted the mode of authentication of the User by means of verification of the Debit Card/ ATM Card number and/or through verification of the password, debit card / ATM 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 the Information Technology Act, 2000 for authentication of electronic records. Therefore, the User is solely responsible for maintaining the secrecy and confidentiality of the Password / PIN / Card details without any liability of ICICI Bank in this regard.

17. Change of Terms:

• ICICI Bank shall have the absolute discretion to amend or supplement any of the Terms, Service
• Terms, Primary Terms or Guidelines at any time and shall give a notice of amendment or supplement or other change whatsoever 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 and Conditions will thereupon apply to and be binding on the User immediately on such amendment or supplement being made to any Terms, Service Terms, Primary Terms or Guidelines. If in the opinion of the User, the changes are to his/her disadvantage, the User may opt to close /or discontinue with the Service/s, at any time up to one month from the date of the notice by intimating ICICI Bank of the same. By using any new Services as may be introduced by ICICI Bank, the User shall be deemed to have accepted the modified Terms as stipulated by ICICI Bank.

18. Non-Transferability:

• The grant of access to the Wallet to a User is not transferable under any circumstance.

19. Termination:

• The User may block his/her access to the Wallet and/or discontinue availing the Services, by following the procedures as prescribed in the support section of the Application. The User shall remain responsible for any transactions made using the Wallet until the time of such termination. ICICI Bank may withdraw or terminate the access to the Wallet and/or discontinue provision of the Service/s anytime either entirely or with reference to a specific Service or User; or in case of breach of the Terms by the User without a prior notice; or if it learns of the death, bankruptcy or lack of legal capacity of the User. Clause 11 shall survive on the termination of this arrangement or of the Application for any reason whatsoever.

20. Notices:

• 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 last address given by the User and in the case of ICICI Bank to its corporate office address as set out hereinabove. In addition, ICICI Bank may also publish notices of general nature, which are applicable to all Users in newspapers and/or on its Website. Such notices will have the same effect as a notice served individually to each User. Notice and instructions will be deemed served 7 days after posting or upon receipt in the case of hand delivery, cable, telex or facsimile.

21. Governing Law:

• These Terms and/or the operations in the Accounts of the User 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 this right of ICICI Bank. 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 this shall not invalidate the remaining provisions of the Terms in such jurisdiction or affect such provision in any other jurisdiction.

22. 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 the WalletServices to such Accounts or products or services and the User opts for the use thereof, then the Terms as well as the Service Terms shall automatically apply to such further use / access by the User.

23. General:

• The clause headings herein are only for convenience and do not affect/be deemed to 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 the Services / accessing the Wallet meets the criteria as may be specified by ICICI Bank from time to time. All costs incurred by the User including telecommunication costs to access the Wallet/ avail the Service/s shall 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 ICICI Bank’s employees or agents. 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
• 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 the Wallet. No third party will have any rights or claims under these Terms.

24. Assignment:

• ICICI Bank shall be entitled to sell, assign, securitise or transfer ICICI Bank's right and obligations under the Terms and any security being in favour of ICICI Bank (including all guarantee/s) to any person of ICICI Bank's choice in whole or in part and in such manner and on such terms and conditions as ICICI Bank may decide. Any such sale, assignment, securitisation or transfer shall conclusively bind the User and all other persons. The User, his heirs, legal representatives, executors, administrators and successors are bound by the Terms. ICICI Bank may sub-contract and employ agents to carry out any of its obligations under this contract. However, the User shall not be entitled to transfer or assign any of his rights and obligations hereunder.

25. 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/scripts held in the Wallet 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.

26. Proprietary Rights:

• ICICI Bank shall make reasonable efforts to advise the User/s from time to time regarding the mobile softwares required for availing the Service(s) and/or accessing the Wallet. There will be no obligation on ICICI Bank to support all or any versions of the mobile software as may be required for offering Service(s)/ providing access to Wallet the mobile softwares have not been advised by ICICI Bank. The User acknowledges that the underlying software as well as mobile softwares required for accessing the Wallet / availing the Service/s are the legal property of the respective vendors. The permission given by ICICI Bank to access the Wallet / 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.

27. 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 a downloadable file on 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.

28. 24-Hour Customer Care Centre:

• Any complaints with respect to the Services and/or Wallet /Services can be registered at ICICI Bank 24-Hour Customer Care Centre.

Disclaimer: