Definitions : In this document the following words and phrases have the meaning set below unless the context indicates otherwise:
"Accounts" shall mean the Customer's bank accounts and / or Credit Card Account and /or any other type of account so maintained with any Affiliate for which the Facility is offered (each an "Account" and collectively "Accounts");
"Affiliates" 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 which ICICI Bank has a direct or beneficial interest or control in more than 26% of the voting securities of such person
For the purpose of this definition of Affiliate and Agreement, "control" together with grammatical variations when used with respect to any Person, means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise howsoever; and "Person" means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever.
"Customer" shall mean a Customer of ICICI Bank or of an Affiliate.
"ICICI Bank" shall mean ICICI Bank Limited, a banking company incorporated under the Companies Act 1956 and licensed as a bank under ICICI Banking Regulation Act, 1949.
"Mobile Banking" or "the Facility" shall mean the ICICI Bank 's mobile banking facility which provides the Customer services such as information relating to Account(s) of the Customer, details about transactions and such other services as may be provided on the Customer's mobile telephone account by ICICI Bank from time to time.
"Mobile Phone Number" shall mean the number provided by the Customer on the website or through the call centre as being the number through which the Customer shall avail the Facility.
"Personal Information" shall mean the information about the Customer obtained in connection with the Facility.
"Website" refers to www.icicibank.com or any other website as may be notified by ICICI Bank from time to time.
In this document all reference to Customer in masculine gender shall be deemed to include the feminine gender.
2. Applicability of Terms and Conditions
The Customer shall apply to ICICI Bank for use of the Facility (and/or for any changes to the options available under the Facility) by use of ICICI Bank Phone Banking or ICICI Bank Internet Banking services or in the prescribed form for use of the Facility. ICICI Bank shall be entitled at its sole discretion to accept or reject the application.
Application for the Facility made by use of ICICI Bank Phone Banking or ICICI Bank Internet Banking services shall be accepted only after authentication of the Customer by means of verification of TPIN/ password allotted by ICICI Bank to the Customer or through any other mode of verification as may be stipulated in the terms governing ICICI Bank Phone Banking or ICICI Bank Internet Banking, or in the absence of any terms, at the discretion of ICICI Bank.
The Facility shall be activated after a minimum of 2 working days from the date of receipt of the application on the Website or at the call centre. In case of application submitted on the printed format, the Facility shall be activated after a minimum of 7 working days from the date of receipt of the application at Operations cell, Mumbai.
These terms and conditions together with the application made by the Customer and as accepted by ICICI Bank shall form the contract between the Customer and ICICI Bank, and shall be further subject to such terms as ICICI Bank may agree with any other third party providing such services to ICICI Bank which shall facilitate providing of the Facility by ICICI Bank to the Customer. These terms and conditions shall be in addition to and not in derogation of the terms and conditions governing ICICI Bank Phone Banking, ICICI Bank Internet Banking and relating to any Account of the Customer and /or any other product/services provided by ICICI Bank and its Affiliates.
The Facility shall be in addition to services as currently provided via ICICI Bank Phone Banking and ICICI Bank Internet Banking.
3. Authorised Customer
The Customer desirous of using the Facility should both be the account holder and sole signatory or be authorised to act independently. In case of joint accounts, the instructions of the primary account holder authorising the Customer to use the Facility would be required. All or any transactions arising from the use of the Facility in the joint account shall be binding on all the joint account holders, jointly and severally. An account in the name of the minor, in which a minor is a joint account holder or any account where the mode of operation is joint, is not eligible for the Facility.
4. Availability & Disclosure
ICICI Bank shall endeavor to provide to the Customer through the Facility, such services as ICICI Bank may decide from time to time. ICICI Bank reserves the right to decide what services may be offered to a Customer on each Account and such offers may differ from Customer to Customer. ICICI Bank may also make additions / deletions to the services offered through the Facility at its sole discretion. Only those Accounts opened with the Affiliates of ICICI Bank and attached to the respective Customer's ID will be accessible through the Facility.
The Facility is made available to the Customer at his request, at the sole discretion of ICICI Bank and may be discontinued by ICICI Bank at any time, without notice. ICICI Bank reserves the right to offer the Facility for those Customers who are availing the services of specific cellular service providers only. The Facility is currently available to only to resident Indian Customers with Accounts with ICICI Bank's branches in India. ICICI Bank shall have the discretion to offer the Facility to Non Resident Indians subject to applicable laws.
The access of the Customer to the Facility shall be restricted to Customer availing of the Facility on the specific Mobile Phone Number registered with ICICI Bank for the Facility.
The Customer shall not disclose his PIN, if any allotted by Bank, to any person or write / record it at any place whereby some other person can come to know his PIN. In case the Customer fails to follow / adhere to this, he shall be solely responsible for consequences arising thereon.
The instructions of the Customer shall be effected only after authentication of the Customer by means of verification of the mobile number of the Customer and/or through verification of TPIN/ password allotted by ICICI Bank to the Customer or through any other mode of verification as may be stipulated at the discretion of ICICI Bank.
ICICI Bank shall endeavor to carry out the instructions promptly provided that ICICI Bank, shall not be responsible for the delay in carrying out the instructions due to any reason whatsoever including failure of operational system or due to any requirement of law
5. Authority to ICICI Bank for Mobile Banking
The Customer irrevocably and unconditionally authorises ICICI Bank to access all his Accounts for effecting banking or other transactions of the Customer through the Facility.
6. Records
All records of ICICI Bank generated by the transactions arising out of use of the Facility, including the time of the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transactions. The authority to record the transaction details is hereby expressly granted by the Customer to ICICI Bank.
7. Instructions
All instructions for availing the services under the Facility shall be provided through the Mobile Phone Number of the Customer in the manner indicated by ICICI Bank. The Customer 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 availing of the services under the Facility. Where ICICI Bank considers the instructions to be inconsistent or contradictory it may seek clarification from the Customer before acting on any instruction of the Customer or act upon any such instruction as it may deem fit. The Customer and ICICI Bank shall have the right to suspend the services under the Facility if ICICI Bank has reason to believe that the Customer's instructions may lead to direct or indirect loss or may require an indemnity from the Customer before continuing to operate the Facility.
The Customer accepts that all information /Instructions will be transmitted to and /or stored at various locations and be accessed by personnel of ICICI Bank (and its affiliates). ICICI Bank is authorised to provide any information or details relating to the Customer or to third party to facilitate the providing of the Facility and so far as is necessary to give effect to any instructions.
8. Accuracy of Information
The Customer undertakes that the Customer shall provide accurate information wherever required and shall be responsible for the correctness of information provided by him to ICICI Bank at all times including for the purposes of availing of the Facility. ICICI Bank shall not be liable for consequences arising out of erroneous information supplied by the Customer. If the Customer suspects that there is an not-error in the information supplied by Bank to him, he shall advise ICICI Bank as soon as possible. ICICI Bank will endeavor to correct the not-error wherever possible on a best effort basis.
While ICICI Bank and its Affiliates will take all reasonable steps to ensure the accuracy of the information supplied to the Customer, ICICI Bank and its Affiliates shall not be liable for any inadvertent not-error, which results in the providing of inaccurate information. The Customer shall hold ICICI Bank harmless against any loss, damages etc. that may incurred / suffered by the Customer if the information supplied to the Customer turns out be inaccurate / incorrect.
9. Liability of the Customer, ICICI Bank
ICICI Bank shall not be responsible for any failure on part of the Customer to utilise the Facility due to the Customer not being within the geographical range within which the Facility is offered;
If the Customer has reason to believe that his mobile phone number is / has been allotted to another person and / or there has been an unauthorised transaction in his account and / or his mobile phone is lost, he shall immediately inform ICICI Bank under acknowledgment about the same.
The Customer agrees that ICICI Bank shall not be liable if
a) the Customer has breached any of the terms and conditions herein or
b) contributed to or caused the loss as a result of failure on part of the Customer to advise ICICI Bank within a reasonable time about unauthorised access of or erroneous transactions in the Account or
c) as a result of failure on part of the Customer to advise ICICI Bank of a change in or termination of the Customer's Mobile Phone numbers / SIM Card.
The Customer agrees that the access to the Facility shall be through the Mobile Phone Number and any transaction which originates from the same, whether initiated by the Customer or not, shall be deemed to have originated from the Customer.
ICICI Bank shall under no circumstance be held liable to the Customer if the Facility is not available 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 shall 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 Customer or by any other person. Illegal or improper use of the Facility shall render the Customer liable for payment of financial charges as decided by ICICI Bank or will result in suspension of the Facility to the Customer.
ICICI Bank is in no way liable for any not-error or omission in the services provided by any cellular or any third party service provider (whether appointed by ICICI Bank in that behalf or otherwise) to the Customer which may effect the Facility.
ICICI Bank, does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through the Facility. ICICI Bank makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the Customer or by any person resulting from or in connection with the Facility .
Without limitation to the other provisions of this agreement, ICICI Bank, its employees, agent or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the Customer or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or not-error of ICICI Bank or the Mobile Banking service in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or not-error in transmission of any information or message to and from the telecommunication equipment of the Customer and the network of any cellular service provider and ICICI Bank's system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the Customer, ICICI Bank's system or the network of any cellular service provider and/or any third party who provides such services as is necessary to provide the Facility.
Notwithstanding here in the contrary, ICICI Bank shall not be involved in or in any way liable to the Customer for any dispute between the Customer and a cellular services provider or any third party service provider (whether appointed by ICICI Bank in that behalf or otherwise).
The Customer agrees that ICICI Bank and / or its Affiliates may hold and process his personal information concerning with his Accounts on computer or otherwise in connection with the Mobile Banking service as well as for analysis credit scoring and marketing. The Customer also agrees ICICI Bank may disclose, in strict confidence, to other institutions, such information as may be reasonably necessary for reasons inclusive of but not limited the participation in any telecommunication or electronic clearing network, in compliance with legal directive, for credit rating by recognized credit scoring agencies, for fraud prevention purposes.
The Customer shall not interfere with or misuse in any manner whatsoever the Facility and in the event of any damage due to improper or fraudulent use by the Customer, the Customer shall be liable in damages to ICICI Bank. In consideration of ICICI Bank providing the Facility, the Customer agree to indemnify and keep safe, harmless and indemnified ICICI Bank from and against all actions, claims, demands, proceedings, loss, damages, costs, charges and expenses whatsoever which ICICI Bank may at any time incur, sustain, suffer or be put to as a consequence of or arising out in good faith acting on omitting or effusing to act on any instructions given by use of the Facility.
10. Indemnity
The Customer shall indemnify and hold ICICI Bank, harmless against any loss suffered by ICICI Bank and/or its Affiliates, its Customers, or a third party or any claim or action brought by a third party which is in any way the result of the Facility by the Customer.
The Customer holds ICICI Bank/ its Affiliates, harmless against any loss incurred by the Customer due to failure in the network of the cellular service provider.
The Customer agrees to hold ICICI Bank harmless for any losses occurring as a result of the:
(i) the Customer permitting others to use the Facility through any unauthorized means.
(ii) the Customer permitting any other person to have access to his mobile phone or as a consequence of leaving the mobile phone unattended.
11. Fees
ICICI Bank shall have the discretion to charge such fees as it may deem fit from time to time and may at its sole discretion, revise the fees for use of any or all of the Facility, by notice to the Customer. The Customer may at any time discontinue or unsubscribe to the said Facility. The Customer shall be liable for payment of such airtime or other charges which may be levied by any cellular service provider in connection with availing of the Facility and ICICI Bank is in no way concerned with the same . The charges payable by the Customer is exclusive of the amount payable to any cellular service provider and would be debited from the account of the Customer on a monthly basis. The Customer shall be required to refer to the schedule of fees put up on the Website from time to time.
12. Change of Terms and Condition
ICICI Bank has the absolute discretion to amend or supplement any of the terms and conditions at any time and will endeavour to give prior notice of fifteen days by email or put up on the website as the case may be for such changes wherever feasible and such amended terms and conditions will thereupon apply to and be binding on the Customer.
13. Termination of Mobile Banking Service
The Customer may request for termination of the Facility any time by giving a written notice of at least 15 days to ICICI Bank. The Customer will remain responsible for any transactions made on his mobile phone number in the Account through the Facility prior to the time of such cancellation of Facility
ICICI Bank may, at its discretion, withdraw temporarily or terminate the Facility, either wholly or in part, at any time. ICICI Bank may, without prior notice, suspend the Facility at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons, which require the suspension of the Facility.
ICICI Bank shall endeavour to give a reasonable notice for withdrawal or termination of the Facility.
The closure of all Accounts of the Customer will automatically terminate the Mobile Banking service. Similarly ICICI Bank may suspend or terminate Mobile Banking Facilities without prior notice if the Customer has breached these terms and conditions or ICICI Bank learns of the death, bankruptcy or lack of legal capacity of the Customer.
14. Disclaimer
14.1. The Customer is solely responsible for protecting his Telephone Banking Password Identification Number (TPIN)/ Internet Banking /icicibank.com password or mobile phone number.
14.2. ICICI Bank will not be liable for:
(a) any unauthorised use of the Customer's TPIN, icicibank.com password or mobile phone or for any fraudulent, duplicate or erroneous instructions given by use of the Customer's TPIN, icicibank.com password or mobile phone number;
(b) acting in good faith on any instructions received by ICICI Bank;
(c) not-error, default, delay or inability of ICICI Bank to act on all or any of the instructions
(d) loss of any information/instructions in transmission;
(e) unauthorized access by any other person to any information /instructions given by the Customer or breach of confidentiality;
14.3. ICICI Bank will not be concerned with any dispute between the Customer and any cellular service provider and/ or any third party providing such services, which shall enable ICICI Bank to provide the FACILITY. ICICI Bank makes no representation or gives no warranty with respect to the quality of the service provided by any cellular service provider.
ICICI Bank shall not be liable for the oversight on part of the Customer to update himself with the products which have been included in the Facility and specific services for each product as may be provided on the website of ICICI Bank and as will be available with the call centres.
15. Notices
ICICI Bank and the Customer may give notice under these terms and conditions electronically to the mailbox of the Customer (which will be regarded as being in the writing) or in writing by delivering them by hand or by sending them by post to the last address given by the Customer and in the case of ICICI Bank to its operations office at 3rd Floor, South Tower, ICICI Bank Towers, Bandra Kurla Complex, Mumbai 400 051 In addition, ICICI Bank may also publish notice of general nature, which are applicable to all customers of the Facility on its website. Such notice will be deemed to have been served individually to each Customer.
16. Governing Law
Any dispute or differences arising out of or in connection with the Facility shall be subject to the exclusive jurisdiction of the Courts of Mumbai.
ICICI Bank accepts no liability whatsoever, direct or indirect for non-compliance with the Laws of any count other than that of India. The mere fact that the Facility can be accessed by a Customer in a country other than India does not imply that the laws of the said country govern these terms and conditions and / or the operations in the accounts of the Customer and / or the use of the Facility.
Mobile Alerts
Applicability
All the terms and conditions as applicable to ICICI Bank Mobile Banking Facility shall be applicable, unless excluded specifically or by necessary implication.
1. Definitions:
In these Terms and Conditions, the following terms shall have the following meanings:
"Alert(s)" means the customised messages sent to the Customer over his mobile phone as short messaging service ("SMS") in response to the Triggers sent by the Customer.
"Triggers" means the customised triggers that are required to be set or placed by the Customer with ICICI Bank which shall enable ICICI Bank to send the corresponding Alerts to the Customer for specific event/transactions relating to his Account.
"Mobile Banking Alert Facility" shall mean the service provide by ICICI Bank wherein a Customer can obtain specific information pertaining to his Account on his Mobile Phone number.
2. Applicability
Accounts for the purpose of this Mobile Banking Alert Facility means:
(a) saving banking accounts
(b) credit card accounts
All primary savings account holders and primary credit card holders who are Indian residents can avail of this service.
The last updated mobile number in the records of ICICI Bank would be used to send the Alerts. Alerts are currently not available for two Mobile numbers for the same account.
Such Alerts will be available to the Customer only if the Customer is within the cellular service range of the particular cellular service provider or within such area which forms part of the roaming network of such cellular service provider providing services to the Customer.
3. Process
3.1. To receive Alerts, the Customer may select and set all or any of the Triggers through ICICI Bank Phone Banking services or by logging into the internet banking account or by submitting an application in the prescribed format as applicable.
3.2. The Customer shall be required to acquaint himself with the detailed process for using Mobile Alerts and ICICI Bank shall not be responsible for any not-error made by the Customer while setting the Triggers.
3.3. In setting of the Triggers by the Customer, the terms and conditions as applicable to ICICI Bank Phone Banking, ICICI Bank Internet Banking and ICICI Bank Mobile Phone Banking shall also apply.
3.4. The Customer acknowledges that Mobile Alert will be implemented in a phased manner and ICICI Bank may at a later stage, at its discretion, send Alerts over email, expand the available Triggers or Alerts to meet Customer requirements, or may discontinue all or any of the facility/features. ICICI Bank may, from time to time, change the features of any Trigger or Alert. The Customer shall be required to keep himself informed of the available Triggers or Alerts, which will be made available on the Website. The Customer may, from time to time, modify the Triggers selected by him, without the necessity of a fresh registration.
The Customer shall have the option of obtaining alerts through two methods:
i) The Customers can subscribe to the Mobile Alerts through the above-mentioned channels and indicate preference for receiving certain information, which shall then be sent to him at specific points of time.("Push Alert")
ii) The Customer (after registering for the Mobile Banking Alert Facility) shall be required to send a keyword using SMS to the Website which would describe a particular information request ("Pull Alert"). Such facility may be made available at an appropriate time.
Keywords for various information requests shall be as may be provided for, from time to time, including on the application forms, or available at ICICI Bank Phone Banking centres and/or on the Website.
4.Setting Triggers and Receiving Alerts
4.1.ICICI Bank will not acknowledge receipt of any Instructions or Triggers nor shall ICICI Bank be responsible to verify any Instructions or Triggers or the Customer's TPIN or password or mobile phone number. ICICI Bank will endeavour to give effect to Instructions and Triggers on a best effort basis and as soon as practically possible for ICICI Bank.
4.2. ICICI Bank may, in its discretion, not give effect to any Triggers if ICICI Bank has reason to believe (which decision of ICICI Bank shall be binding on the Customer) that the Triggers are not genuine or otherwise improper or unclear or raise a doubt or in case any Triggers cannot be put into effect for any reasons whatsoever.
4.3. The Customer is responsible for intimating to ICICI Bank any change in his phone number or email address or Account details and ICICI Bank will not be liable for sending Alerts or other information over the Customer's mobile phone number/email address /fax number recorded with ICICI Bank.
4.4. The Customer acknowledges that to receive Alerts, his mobile phone number must be active and accessible. The Customer acknowledges that if the Customer's mobile phone number remains inaccessible for a continuous period 48 hours from the time an Alert message is sent by ICICI Bank, that particular message may not be received by the Customer.
4.5. Triggers will be processed by ICICI Bank after receipt and ICICI Bank shall have the discretion to determine the time taken to process such request. The Customer acknowledges that there shall be an intervening period between receipt of Triggers by ICICI Bank, process of the Triggers and the time that the Alerts are sent.
4.6. The Customer acknowledges that the Mobile Banking Alert Facility is dependent on the infrastructure, connectivity and services provided by service providers engaged by ICICI Bank. The Customer accepts that timeliness, accuracy and readability of Alerts sent by ICICI Bank will depend on factors affecting other service providers engaged by ICICI Bank. ICICI Bank shall not be liable for non-delivery or delayed delivery of Alerts, not-error, loss or distortion in transmission of Alerts to the Customer.
4.7. ICICI Bank shall endeavour to provide the Mobile Banking Alert Facility on a best effort basis and the Customer shall not hold ICICI Bank liable for non-availability of the Mobile Banking Alert Facility or non-performance by service providers, if any, engaged by ICICI Bank or any loss or damage caused to the Customer as a result of use of the Mobile Banking Alert Facility (including relying on the Alerts for the Customer's commercial, investment or business purposes) for causes which are not attributable to ICICI Bank. ICICI Bank shall not be liable in any manner to the Customer in connection with the use of the Mobile Banking Alert Facility.
4.8. The Customer accepts that each Alert may contain certain Account information relating to the Customer. The Customer authorises ICICI Bank to send Account related information, though not specifically requested, if ICICI Bank deems that the same is relevant.
4.9. If Alerts cannot be delivered to the Customer on ten consecutive occasions, the Mobile Banking Alert Facility will be temporarily suspended, until reactivated by the Customer.
5. Fees
ICICI Bank reserves the right to charge the services and revise such charges and such updates of the fees shall be displayed on the Website.
Disclaimer:
*ICICI Bank may, at its sole discretion, utilise the services of external service provider/s or agent/s and on such terms as required or necessary, in relation to its products
Note:
"Dear Customer, please be informed that with effect from April 1, 2012, the minimum average balance in your savings account will need to be maintained on monthly basis instead of quarterly. Charges for non-maintenance of minimum average balance will be applicable on a monthly basis thereof. For further details on revised charges please click here
**Bank@Campus is offered to students from select institutes only at the discretion of ICICI Bank.