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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 registered office at ‘Landmark',
Race Course Circle, Alkapuri, Vadodara, India, 390 007 and corporate office at
ICICI Bank Towers, Bandra Kurla Complex, Mumbai 400 051, which term shall
include its successors and assigns.
ICICI Securities and Finance Company Ltd. (hereinafter referred to as I-Sec), a
company incorporated under the Companies Act, 1956 and having its registered
office at Strand Place, 41/44 Minoo Desai Road, Behind Radio Club, Colaba,
Mumbai 400 005, which term shall include its successors and assigns.
AFFILIATE of ICICI Bank shall mean and include: (a) any company which is the
holding company or subsidiary of ICICI Bank; or (b) a Person under the control
of or under common control with ICICI Bank; or (c) any Person, in 26% or more
of the voting securities of which ICICI Bank has a direct or beneficial
interest or control.
For the purpose of 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, right to appoint
member(s) to the Board of Directors by contract or otherwise howsoever; and
“Person” means a company, corporation, a partnership, trust or any other entity
or organisation or other body whatsoever.
ACCOUNT refers to the CLIENT's Current Account and/ or any other type of
account so designated by ICICI BANK to be eligible account(s) for operation of
the ONLINE SERVICES. The account(s) for which the ONLINE SERVICES is availed
should be in the name of the CLIENT.
CLIENT refers to a corporate customer of ICICI Bank availing online Banking and
Transaction services like Corporate Internet Banking, Debt Online, Forex
Online, Derivatives Online and such other similar services (hereinafter
referred to as ONLINE SERVICES) that may be offered in future.
In the case of CLIENT being a Company, the Board of Directors, and in the case
of an CLIENT being a corporate body other than a company, the person or persons
having substantial power of management and control over such corporate body
shall authorise specific person(s) (hereinafter referred to as USER and defined
in the following paragraph) who will be allowed to have access to the ONLINE
SERVICES and the said authorisation by means of a Board Resolution, Power of
Attorney or Mandate, as the case may be, will be registered with ICICI Bank.
CLIENT INFORMATION refers to the information
about the CLIENT obtained in connection with the ONLINE SERVICES.
CLIENT ID means the user identification provided to the CLIENT by ICICI BANK to
enable access to its accounts with ICICI Bank.
CLIENT PASSWORD means the password, digital signatures or other means of
authentication as ICICI Bank may specify, from time to time provided
to/required to be provided by the CLIENT for accessing its accounts with ICICI
Bank, using which the CLIENT may authorise or authenticate the Transactions;
PERSONAL INFORMATION means the information provided by the CLIENT to ICICI Bank
in the application form for availing any of the ONLINE SERVICES, as may be
provided by ICICI Bank from time to time; TRANSACTION means any transaction for
purchase or sale of shares, stocks, securities, currency or any other
financial, fiscal and monetary instrument or banking or other services now
existing or being availed of or hereafter entered into or to be provided
between/by ICICI Bank and/to the CLIENT. ICICI Bank may decide to permit other
Transactions or to discontinue existing Transactions from time to time, which
shall be communicated in such form or manner as ICICI Bank may determine.
USER refers to a person authorised by the CLIENT who would be actually
operating the ONLINE SERVICES as agent of the CLIENT.
Any communication addressed to the USER by ICICI
Bank is deemed to have been addressed to the CLIENT as well. Similarly, any
communication and/or action of the USER through the ONLINE SERVICES offered by
ICICI Bank will be legally binding on the CLIENT.
WEBSITE refers to
www.ICICIBank.com, which is owned, operated and maintained by ICICI BANK for
inter alia offering its ONLINE SERVICES to its CLIENT. The WEBSITE acts as a
facilitator for transactions between ICICI Bank Limited and its AFFILIATES
(collectively referred to as ICICI) and CLIENT and it shall not be deemed to
provide automatic order matching facilities. The products and services offered
through the WEBSITE may include, but not be limited to, online transaction
engines, analytical tools such as information, news, trackers, calculators and
risk mitigators.
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All references to singular include plural
and vice versa and the word "includes" should be construed as "without
limitation". All Transactions are entered into in reliance on the fact that the
Online Terms and Conditions and all other terms and conditions specified are to
be read together.
In this document, all references to the CLIENT and/or USER being referred in
masculine gender will also include the feminine gender.
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ICICI Bank may offer ONLINE SERVICES to selected
CLIENTS at its discretion. The CLIENT would need to be an Internet user or have
legal access to the Internet and knowledge of how the Internet works.
ICICI Bank will advise from time to time the
Internet software such as Browsers, which are required for accessing the ONLINE
SERVICES. There will be no obligation on ICICI Bank to support all the versions
of this Internet software.
NOTICES
ICICI BANK and the CLIENT may give notices under these terms :
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Electronically to the mailbox of either Party.
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In writing by delivering them by hand or by sending them by post to the last
address given by the CLIENT and in the case of ICICI Bank to the below
mentioned address.
ICICI Bank Limited,
ICICI Bank Towers,
Bandra Kurla Complex,
Mumbai 400 051.
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In addition, ICICI Bank may also publish notices of general
nature on its WEBSITE, which are applicable to all CLIENTS. Such notices shall
have the same effect as a notice served individually to each CLIENT
The CLIENT shall comply and confirm with the
prescribed requirements for the purposes of due authentication:
The CLIENT agrees to confirm to the prescribed authentication technologies and
security measures required for TRANSACTIONS and undertakes to take all
reasonable steps to ensure that the CLIENT PASSWORD is not revealed to any
third Party.
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The USER would be allotted a Corporate Id,
User-Id and a secret CLIENT PASSWORD by ICICI Bank in the first instance. The
USER will be required to change the CLIENT PASSWORD assigned by ICICI Bank on
accessing the ONLINE SERVICES for the first time. As a safety measure the USER
shall change the CLIENT PASSWORD as frequently thereafter as possible.
In addition to User-Id and CLIENT PASSWORD ICICI Bank may, at its discretion,
advise the USER to adopt such other means of authentication including but not
limited to digital certification and/ or smart cards.
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The CLIENT is
entirely responsible for the safekeeping and use of the CLIENT ID and CLIENT
PASSWORD and where applicable, any damages and other consequences of their
misuse. As a precautionary measure, the link with the Service will be
interrupted after three wrong entries of the CLIENT ID and/or CLIENT PASSWORD.
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The CLIENT must exercise due care to see that the confidentiality
of the CLIENT PASSWORD and CLIENT ID is maintained. If third parties gain
access to the services, including CLIENT's accounts, CLIENT will be responsible
and shall indemnify ICICI BANK against any liability, costs or damages arising
out of claims or suits by such third parties based upon or relating to such
access and use.
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ICICI Bank has no
obligation to verify the authenticity of any Transaction instruction sent or
purported to have been sent from the CLIENT other than by means of verification
of the CLIENT PASSWORD. The CLIENT accepts full responsibility for the
monitoring and safeguarding of CLIENT'S accounts. |
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The CLIENT shall ensure that the USER shall not attempt to access
the information and other details stored in the computers of ICICI Bank through
any means other than the ONLINE SERVICES. The CLIENT should also ensure that
unauthorised persons are not allowed to access its ACCOUNT(S).
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The CLIENT
shall ensure that the USER shall not use the facilities provided as a part of
the ONLINE SERVICES to attempt to access information stored in the computers of
ICICI Bank that pertains to accounts of a third party with ICICI Bank or
transactions between ICICI Bank and any third party.
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The CLIENT understands and agrees that the password is for the
purpose of verifying the authenticity of the transactions undertaken by the
CLIENT and shall have the same effect as the specimen signature of authorised
signatory of the CLIENT and the CLIENT shall be bound by the transactions
initiated by use of password.
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ICICI Bank shall advise the CLIENT that it must:
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Keep the CLIENT ID and CLIENT PASSWORD confidential and not
reveal the CLIENT PASSWORD to any third party.
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Choose a CLIENT PASSWORD which shall be at least 8 characters and does not
relate to any readily accessible personal data such as name, address, telephone
number, etc. of the CLIENT or any other easy combination of letters and
numbers;
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Commit the CLIENT ID and CLIENT PASSWORD to memory and not
record them in written or electronic form
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Not let any unauthorised person have access to its computer and
not to leave the computer unattended whilst accessing any product and/or
service or the WEBSITE.
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If the CLIENT forgets or loses the CLIENT ID or CLIENT PASSWORD, the CLIENT can
request for change of the CLIENT PASSWORD by sending a duly authorised written
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The provisions of these Terms and Conditions shall be
governed by, and construed in accordance with Indian law and the courts at
Mumbai shall have the exclusive jurisdiction in respect of the subject matter
hereof
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ICICI BANK accepts no liability whatsoever, direct or
indirect, for non-compliance with the laws of any country other than that of
India. The mere fact that the WEBSITE can be accessed by a person in a country
other than India would not mean that the laws of the said country would govern
the ONLINE SERVICES and any matter related to hereunder.
The ONLINE SERVICES shall not be available to foreign residents where the
ONLINE SERVICES cannot be offered without prior regulatory compliance. It shall
be the sole responsibility of foreign residents to verify whether the ONLINE
SERVICES can be legally accessed and/or utilised in their respective
jurisdictions. The Services do not constitute an offer to sell or a
solicitation of an offer to buy any Services to any person in any jurisdiction
where it is unlawful to make such an offer or solicitation.
In the process of using this WEBSITE, ICICI BANK may
be privy to information relating to the CLIENT, including information that is
of a confidential nature. ICICI Bank is strongly committed to protecting the
privacy of its CLIENT's and has taken steps to protect the information
furnished to it. ICICI Bank has taken all necessary measures to protect the
confidentiality of the information and their transmission under the Service and
it shall not be held liable for disclosure of the confidential information,
unless gross negligence is established on the part of ICICI Bank.
The CLIENT shall not disclose, in any manner
whatsoever, any information relating to ICICI Bank of a confidential nature
obtained in the course of availing the Services through the WEBSITE, to any
other person. Failure to comply with this obligation shall be deemed a serious
breach of these Terms and Conditions and shall entitle ICICI Bank to terminate
the Online Services without prejudice to any damages to which it may be
entitled.
ICICI Bank undertakes not to disclose the
information provided by the CLIENT to any person, unless acting under good
faith that such action is necessary to:
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ICICI Bank may also use information including the Personal
Information of the CLIENT, share the information with Affiliates and third
parties for providing Online Services and any service-related activities such
as collecting subscription fees for those Online Services, and notifying or
contacting the CLIENT regarding any problem with, or the expiration of, such
Online Services. In this regard, it may be necessary to disclose the Personal
Information to one or more agents and contractors of ICICI Bank and their
sub-contractors, but such agents, contractors, and sub-contractors will be
required to agree to use the information obtained from ICICI BANK only for
these purposes.
The CLIENT authorises ICICI Bank to exchange, share, part with all information
related to the details and transaction history of the CLIENT to banks /
financial institutions / credit bureaus / agencies/participation in any
telecommunication or electronic clearing network as may be required by law or
customary practice and shall not hold ICICI Bank liable for use or disclosure
of this information.
The CLIENT agrees that ICICI Bank or its contractors may hold and process his
Personal Information on computer or otherwise in connection with Online
Services as well as for statistical analysis and credit scoring.
The Parties agree that no joint venture, partnership,
employment, or agency relationship exists between them as a result of availing
the ONLINE SERVICES or use of this WEBSITE. All TRANSACTIONS shall be entered
into by the Parties as principals and ICICI Bank and/or Affiliates shall have
no fiduciary duty towards the CLIENT whatsoever notwithstanding that there may
be an existing relationship between the Parties.
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The CLIENT represents to ICICI Bank (which
representations will be deemed to be repeated by the CLIENT on each date on
which a Transaction is entered into) that:-
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The CLIENT has the power to perform its obligations hereunder and
has taken all necessary action to authorise such execution, delivery and
performance;
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It shall be the sole responsibility of the CLIENT to comply with
all the internal approvals for entering into TRANSACTIONS as may be required.
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Such execution, delivery and performance does not violate or
conflict with any law applicable to it and/or any regulatory requirements, any
provision of its constitutional documents, any order or judgment of any court
or other agency of government applicable to it or any of its assets or any
contractual restriction binding on or affecting it or any of its assets;
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There is not
pending or, to its knowledge, threatened against the CLIENT any action, suit or
proceeding at law or in equity or before any court, tribunal, governmental
body, agency or official or any arbitrator that is likely to affect the
legality, validity or enforceability against it of these Terms and Conditions
or its ability to perform its obligations; and
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All applicable information that is furnished in writing, by or on
behalf of the CLIENT, to ICICI Bank is, as of the date of the information,
true, accurate and complete in every material respect. Provided that the CLIENT
shall intimate ICICI Bank of any change in any regulatory requirements, the
effect of which may be to restrict or prohibit the CLIENT from executing any
Transaction.
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This ONLINE SERVICE may be terminated by the CLIENT
by giving at least one (1) month written notice and upon ICICI Bank according
its consent in writing to the same. The termination of the Service shall be
without prejudice to the execution of all outstanding TRANSACTIONS entered into
between the Parties. ICICI Bank shall be entitled to receive all fees and other
monies becoming due up to the date of such termination. ICICI Bank shall be
entitled to deduct any sum payable to it from any amounts ICICI Bank may have
to remit to the CLIENT on termination of the Service. ICICI Bank reserves the
right to interrupt, suspend or terminate, at any time, without specifying any
reason, the access of the CLIENT to the Online Services offered hereunder and
will make best efforts to give the CLIENT appropriate notice of the same
without assigning any reason and without being liable for any loss/damage/cost
of any nature whatsoever to the CLIENT.
The occurrence at any time with respect to a Party of any of the following
events constitutes an event of default and the ONLINE SERVICES may be
terminated forthwith:-
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Failure by the Party to make, when due, any payment required to
be made by it, and if such failure is not remedied on or before the third
Business Day after notice of such failure is given to the Party;
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Failure
by the Party to comply with or perform any obligation under the Terms and
Conditions specified hereunder and if such failure is not remedied on or before
the thirtieth day after notice of such failure is given to the Party;
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A representation made or deemed to have been made by the
Parties proves to have been incorrect or misleading in any material respect
when made or deemed to have been made;
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The occurrence of an "Additional Termination Event";
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The CLIENT:-
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having a resolution passed for its winding-up,
official management or liquidation (other than pursuant to a consolidation,
amalgamation or merger).
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becoming insolvent or is unable to pay its debts or fails or admits in writing
its inability generally to pay its debts as they become due.
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making a general assignment, arrangement or composition with or
for the benefit of its creditors.
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instituting or has instituted against it a
proceeding seeking a judgment of insolvency or bankruptcy or any other relief
under any bankruptcy or insolvency law or other similar law affecting
creditor's rights, or a petition is presented for its winding-up or
liquidation, and, in the case of any such proceeding or petition instituted or
presented against it, such proceedings or petition
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results in a judgment of insolvency or bankruptcy or the entry
of an order for relief or the making of an order for its winding-up or
liquidation or
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is not dismissed, discharged, stayed or restrained in each
case within 30 days of the institution or presentation thereof;
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seeking or becomes subject to the appointment of an
administrator, provisional liquidator, conservator, receiver, trustee,
custodian or other similar official for it or in respect of all or
substantially all its assets;
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having a secured party take possession of all or substantially
all its assets or has a distress, execution, attachment, sequestration or other
legal process levied, enforced or sued on or against all or substantially all
its assets and such secured party maintains possession, or any such process is
not dismissed, discharged, stayed or restrained, in each case within 30 days
thereafter;
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causing or is subject to any event with respect to it which,
under the applicable laws of any jurisdiction, has an analogous effect to any
of the events specified in clauses (1) to (7) (inclusive); (8) taking any
action in furtherance of, or indicating its consent to, approval of, or
acquiescence in, any of the foregoing acts.
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ICICI Bank shall not be liable for any inaccuracy, error or delay in, or
omission of,
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any data, information or message, or
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the transmission or delivery of any such data, information or message; or |
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any loss or damage arising from or occasioned by
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act to protect the
interests of our members or
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any such inaccuracy, error, delay or omission,
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non-performance, or
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Commit the CLIENT ID and CLIENT PASSWORD to memory and not record them in
written or electronic form
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interruption in any such data, information or message, or if
access to the Accounts is not available in the desired manner due to “force
majeure” (e.g., flood, extraordinary weather condition, earthquake or other act
of God, fire, war, insurrection, riot, labour dispute, accident, action of
government, communications, power failure, equipment or software malfunction)
or any other cause beyond the reasonable control of ICICI Bank
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The CLIENT will immediately notify ICICI Bank in writing,
delivered via e-mail or registered post, if CLIENT becomes aware of any loss,
theft or unauthorised use of CLIENT's USER ID and PASSWORD; or any failure by
CLIENT to receive a message from ICICI BANK indicating that an order was
received and executed; or any failure by CLIENT to receive an accurate written
confirmation of an execution; or any receipt by CLIENT of confirmation of an
order and/ or execution which CLIENT did not place; or any inaccurate
information in CLIENT's account balances, securities positions, or Transaction
history. If CLIENT fails to notify ICICI Bank immediately upon CLIENT's
knowledge when any of the above conditions occur, neither ICICI BANK nor any of
its officers, directors, employees, agents can or will have any responsibility
or liability to CLIENT or to any other person whose claim may arise through the
CLIENT for any claims with respect to the handling, mishandling or loss of any
order. ICICI Bank will upon notice, halt or take such steps as are necessary to
protect the CLIENT's interest and which steps are capable or permitted for
ICICI Bank to do or undertake. Prior to giving of the notice, any loss or
damage shall be to the CLIENT's account.
Under no circumstances, shall ICICI Bank, its employees, directors, and its
third party agents involved in creating, producing, delivering or managing 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, damages caused by any virus, personal
injury, negligence, 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 use/delivery/performance of the
WEBSITE, the delay or inability to use the WEBSITE or any links or items on the
WEBSITE, the provision of or any inadequacy or deficiency in the provision of
services or resulting from unauthorized access or alteration of transmissions
or data or arising from interruption, suspension or termination of the Services
or for any loss arising from the failure by the CLIENT to comply with any
software installation instructions or any inability of ICICI Bank to receive
instructions, directions, orders or other communications from the CLIENT or to
transmit any related message for any reason whatsoever, whether based on
contract, tort, strict liability or otherwise.
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Where the Service provided herein is interrupted
for any reason whatsoever, the CLIENT may contact ICICI Bank. ICICI Bank shall
in no way be liable for the consequences of any interruption in the Service.
ICICI Bank shall keep all securities/monies and
other properties belonging to the CLIENT in separate account or segregated from
its own assets and shall not use the same for any purpose other than as
directed by the CLIENT or authorised under these Terms and Conditions or as
required by rules, regulation or law for time being in force. ICICI Bank
undertakes that a transfer to and from the account shall be made on the basis
of order, instruction, direction or mandate, either standing or specific, duly
authorised by the CLIENT.
ICICI Bank reserves the right to add, amend,
revise, suspend or cancel in whole or in part any of the ONLINE SERVICES
available through the WEBSITE, and will make best efforts to provide
appropriate notice to the CLIENT. Any addition, suspension, revision,
amendment, cancellation or suspension of the terms as notified on the WEBSITE
may be made by ICICI Bank, by causing a notice of the same to be posted on the
WEBSITE and the CLIENT shall be deemed to have accepted the same in the event
of its executing any transaction through the WEBSITE after the addition,
suspension, revision, amendment, cancellation or suspension has been notified.
ICICI Bank may introduce new services in relation to the WEBSITE from time to
time. The existence and availability of the new ONLINE SERVICES will be
notified on the WEBSITE, as and when they become available.
The CLIENT hereby agrees to use the WEBSITE
strictly for its internal use and not for any illegal purpose or in any manner
inconsistent with the Terms and Conditions. The CLIENT agrees not to use,
transfer, distribute or dispose of any information contained in the WEBSITE in
any manner that could compete with the business of ICICI Bank and/or Affiliates
or otherwise compromise or imperil the interests of ICICI Bank and/or
Affiliates. The CLIENT acknowledges that the WEBSITE has been developed,
compiled, prepared, revised, selected and arranged by ICICI Bank and others
(including certain other information sources) through the application of
methods and standards of judgment developed and applied through the expenditure
of substantial time, effort and money and constitutes valuable intellectual
property and may also include trade secrets of ICICI Bank and such others. The
CLIENT agrees to protect the proprietary rights of ICICI Bank and other parties
during and after the term of the Online Services and to comply with all
reasonable written requests made by ICICI Bank or its suppliers of content,
equipment or otherwise to protect their and others' contractual, statutory and
common law rights in the WEBSITE. The CLIENT agrees to notify ICICI Bank in
writing promptly upon becoming aware of any unauthorized access or use of the
WEBSITE by any party or of any claim that the WEBSITE infringes upon any
copyright, trademark or other contractual, statutory or common law rights.
The CLIENT is allowed to download and retrieve data from the WEBSITE on its
computer screen, print individual pages on paper, photocopy and store such
pages in an electronic form on disk for its exclusive personal use only. The
CLIENT further acknowledges that all the intellectual property in the WEBSITE
and the Service provided continues to vest with ICICI Bank.
The CLIENT shall not:
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reverse engineer, decompile, disassemble, copy, reproduce,
distribute, modify, transmit, perform, reproduce, publish or create derivative
works from or in any way exploit any of the Service in violation of the Terms
and Conditions or the laws of India;
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create a database in electronic or structured manual form by systematically
downloading and storing all or any of the Service, save and except such
information as relates to the CLIENT's accounts and Transactions, as the case
may be;
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rent, lease, sell, sublicense, or lend any other person access to
the WEBSITE and to the Service; |
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do any act that violates
the intellectual property right of ICICI BANK or of any other third party in
the WEBSITE or the Service offered thereof;
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engage in
any fraudulent, abusive or illegal activity, including but not limited to any
activity designed or intended to fraudulently obtain the CLIENT PASSWORD or any
private information of any user of the WEBSITE;
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use the
WEBSITE or the Service to violate the security of any computer network, crack
CLIENT PASSWORD or security encryption codes, transfer or store illegal
material including threatening or obscene material;
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run mail list or any form of auto-responder, or spam on the
WEBSITE
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ICICI Bank may offer at the WEBSITE facility for discussions,
chats, postings, transmissions, bulletin boards, and the like, and although
ICICI Bank has the right to monitor or review any Service, ICICI Bank is under
no obligation to do so and assumes no responsibility or liability arising from
the content of any such discussions, postings, transmissions nor for any error,
defamation, libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in any information contained within
such locations on the WEBSITE. The CLIENT is prohibited from posting or
transmitting any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material or any material
that could constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law. ICICI Bank
will fully cooperate with any law enforcement authorities or court order
requesting or directing ICICI Bank to disclose the identity of anyone posting
any such information or materials. The CLIENT shall not delete copyright or
other intellectual property rights notices from printouts, copies or
reproductions of electronically accessed materials obtained from the WEBSITE.
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The copyright, trademarks, logos, slogans and
service marks displayed on the WEBSITE, are registered and unregistered
intellectual property rights of ICICI Bank or of respective intellectual
property right owners. Nothing contained on the WEBSITE should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any intellectual property displayed on the WEBSITE without the written
permission of ICICI Bank or such third party that may own the intellectual
property displayed on the WEBSITE. ICICI Bank neither warrants nor represents
that the use of materials displayed on the WEBSITE by the CLIENT will not
infringe patent, copyright or any intellectual property rights or any other
rights of third parties not owned by or affiliated with ICICI Bank. ICICI BANK
grants the right to access the WEBSITE to the CLIENT and use the Services in
accordance with these Terms and Conditions and the Schedules annexed hereto.
The CLIENT acknowledges that the Services including, but not limited to, text,
content, photographs, video, audio and graphics, are either the property of, or
used with permission by, ICICI Bank and/or by the content providers and may be
protected by applicable copyrights, trademarks, service marks, international
treaties and/or other proprietary rights and laws of India and other countries,
and the Terms and Conditions.
The CLIENT should assume that everything it sees or reads on the WEBSITE
(including but not limited to directories, guides, news articles, opinions,
reviews, text, photographs, images, illustrations, profiles, audio clips, video
clips, trademarks, service marks and the like, collectively "the Content") is
copyrighted/ protected by intellectual property laws unless otherwise provided
and may not be used, except as provided in these Terms and Conditions, without
the prior written permission of ICICI Bank or the relevant copyright owner. The
CLIENT is also advised that ICICI Bank will aggressively enforce its
intellectual property rights to the fullest extent of the law, including the
seeking of criminal prosecution. Any breach of the restrictions on use provided
in these terms and conditions is expressly prohibited by law, and may result in
severe civil and criminal penalties. ICICI Bank shall be entitled to obtain
equitable relief (including all damage, direct, indirect, consequential and
exemplary), over and above all other remedies available to it, to protect its
interests therein. The CLIENT acknowledges that the software underlying the
Services as well as other Internet related software which are required for
accessing service are the legal property of the respective vendors. The
permission given by ICICI Bank to access the Services shall not convey any
patent, copyright and licence, proprietary or ownership rights or other
intellectual property rights in the above software.
The CLIENT specifically agrees to hold ICICI Bank
harmless from any and all claims, and agrees that ICICI Bank shall not be
liable for any loss, actual or perceived, caused directly or indirectly by
government restriction, exchange or market regulation, suspension of trading,
war, strike, virus attacks, equipment failure, communication line failure,
system failure, security failure on the Internet, unauthorised access, theft,
or any problem, technological or otherwise or other conditions beyond ICICI
Bank's control, that might prevent CLIENT from entering or ICICI Bank from
executing an instruction, order, direction. CLIENT further agrees that the
CLIENT will not be compensated by ICICI Bank for “lost opportunity” viz.,
notional profits on orders, instructions, directions which could not be
executed.
This WEBSITE may contain links to other websites
operated by other parties. Such links are provided for the convenience of the
CLIENT only and ICICI BANK does not control or endorse such websites, and is
not responsible for their contents. The use of such WEBSITE is also subject to
the terms of use and other terms and guidelines, if any, contained within each
such WEBSITE. In the event that any of the terms contained herein conflict with
the terms of use or other terms and guidelines contained within any such
WEBSITE, then the terms of use and other terms and guidelines for such WEBSITE
shall prevail. The linked web sites are not under the control of ICICI BANK and
it is not responsible for the contents of any linked website or any link
contained in a linked website, advertisements appearing in or Services offered
by or any changes or updates to such websites.
This WEBSITE may contain links to websites, web-pages and services also
operated by ICICI BANK (the "ICICI BANK Sites"), and the CLIENT's use of each
ICICI BANK Site is also subject to the Terms and Conditions herein and other
terms and guidelines, if any, governing such ICICI BANK Site. In the event that
any of the terms, conditions, and notices contained herein conflict with the
terms and conditions governing such ICICI BANK Site, then the terms and
conditions governing such ICICI BANK Site shall prevail.
The CLIENT can revoke the authority of an
existing USER, change his USER access profile/authorise a new USER by giving a
resolution/mandate in the format prescribed by ICICI Bank. However, all the
terms and conditions herein shall continue to apply. In case an authorised USER
leaves the services of the CLIENT, the CLIENT shall immediately notify ICICI
Bank to disable the user access, giving ICICI Bank reasonable time to do so.
The CLIENT agrees to provide ICICI Bank, and/or
Affiliates, if so being required to do or if in case it is deemed necessary by
ICICI Bank, with a power of attorney in such form, manner or substance as ICICI
Bank may require.
All payments due to ICICI BANK arising under or
in respect of these Terms and Conditions will be made free of any deduction or
withholding for or on account of any tax, unless such deduction or withholding
is required by any applicable law.
The CLIENT agrees that it shall be able to
exercise the right to close/freeze the accounts with ICICI Bank, only if there
is no obligation pending to be met by the CLIENT towards either ICICI Bank
and/or Affiliates.
The CLIENT hereby acknowledges and agrees that
any rights not expressly granted herein are reserved.
ICICI Bank has the absolute discretion to amend
or supplement the Terms and Conditions herein, by modifying or rescinding any
of the existing provisions or conditions or by adding any new provision or
condition, by conspicuously posting notice of such amendment on the WEBSITE or
by providing written notice to the CLIENT. Continued use of Online Services
after such notice will constitute acknowledgment and acceptance of such
amendment.
The obligations of the Parties under these
Terms and Conditions shall survive the termination of any Transaction.
Except as provided in these Terms and Conditions,
the rights, powers, remedies and privileges provided in these Terms and
Conditions are cumulative and not exclusive of any rights, powers, remedies and
privileges provided by law.
A failure or delay in exercising any right, power
or privilege in respect of these Terms and Conditions will not be presumed to
operate as a waiver, and a single or partial exercise of any right, power or
privilege will not be presumed to preclude any subsequent or further exercise,
of that right, power or privilege or the exercise of any other right, power or
privilege.
If any provision or condition of these Terms and
Conditions shall be held to be invalid or unenforceable by reason of any law,
rule, administrative order or judicial decision by any court, or regulatory or
self-regulatory agency or body, such invalidity or unenforceability shall
attach only to such provision or condition. The validity of the remaining
provisions and conditions shall not be affected thereby and these Terms and
Conditions shall be carried out as if any such invalid or unenforceable
provision or condition was not contained herein.
The clause headings in these Terms and Conditions
are only for convenience and do not affect the meaning of the relative term.
ICICI Bank's performance of these Terms and
Conditions is subject to existing laws and legal process, and nothing contained
in these Terms and Conditions is in derogation of ICICI Bank's right to comply
with governmental, court and law enforcement requests or requirements relating
to the use of this WEBSITE by the CLIENT or information provided gathered by
ICICI Bank in respect of such use.
The grant of any facility to the CLIENT or its
USERS under ONLINE SERVICES is not transferable under any circumstance.
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