ICICI Bank Expressions Credit Card - Terms and Conditions

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These Terms and Conditions (the "Terms") apply to and regulate the ICICI Bank 'Expressions Credit Card' and are in addition to and not in derogation of the Terms and Conditions governing the Credit Card facilities of ICICI Bank (the "Primary Terms and Conditions"), as available on www.icicibank.com. To the extent of any inconsistency between these Terms and the Primary Terms and Conditions, these Terms shall prevail. Terms used in capitalised form, however not defined herein under, shall have the meaning assigned to them under the Primary Terms and Conditions.

• DEFINITIONS: In the Terms, unless there is anything repugnant to the subject or context thereof, the following words/expressions shall have the meaning as stated herein under:
  
  
  • "Application" shall refer to the application made by a customer to ICICI Bank requesting for the issuance of the Expressions Credit Card. The Application shall be in the format as prescribed by ICICI Bank and shall form an integral part of the Terms.
  • "Expressions Credit Card" shall mean ICICI Bank Expressions Credit Card issued by ICICI and refers to the image/picture Credit Card issued by ICICI Bank.
  • "Cardholder" shall mean a person who applies for the Expressions Credit Card and is issued an Expressions Credit Card subject to the Primary Terms and Conditions and Terms as specified herein.
  • "Custom Image", shall refer to the picture/s, photograph/s, image/s, design/s, mark/s, word/s or any other content that is submitted by the Cardholder on the Website for the purposes of availing an Expressions Credit Card. The size of the Custom Image uploaded on the Website should be between 100 KB and 10 MB.
  • "Gallery Image" shall refer to the picture/s or image/s that are available on the Website under design gallery and which can be selected by the Cardholder for the purposes of availing and Expressions Credit Card.
  • "Image Checking Guidelines" shall refer to the guidelines issued by the Partner Institution/s of ICICI Bank for submission of Cardholder Images.
  • "Website" shall mean ICICI Bank Expressions Credit Card website hosted at www.icicibank.com.
  • "Intellectual Property" means all patents, trademarks, permits, service marks, brands, trade names, trade secrets, proprietary information and knowledge, technology, computer programs, databases, copyrights, licences, franchises, formulae, designs, rights of confidential information and all other intellectual property.
  • "Intellectual Property Rights" means all rights, benefits, title or interest in or to any Intellectual Property, anywhere in the world (whether registered or not and including all applications for the same).
• IMAGE SUBMISSION POLICY:
  
  
  • The Cardholder represents and warrants that the Cardholder owns/is a valid licensee of all the Intellectual Property contained in the Custom Image.
  • To the extent that ICICI Bank requires to provide the Cardholder any services relating to the Expressions Credit Card, including but not limited to renewal or replacement services, the Cardholder agrees, and hereby grants, and further, represents and warrants that the Cardholder has the adequate right and power to grant ICICI Bank, and/or the Partner Institution/s, an irrevocable, non-transferable, royalty-free, worldwide right to use, modify, print/emboss, store and reproduce the Custom Image.
  • ICICI Bank understands that the Custom Image is the Intellectual Property of the Cardholder and ICICI Bank claims no right, interest, title over the Custom Image. The Cardholder continues to retain all Intellectual Property Rights in the Custom Image.
  • The Cardholder further represents that the use of Custom Image by ICICI Bank and/or the Partner Institution/s in accordance with the Terms does not violate the Intellectual Property Rights of third parties or any applicable laws or regulations in force.
  • The Cardholder is solely responsible for any claims relating to the Custom Image. ICICI Bank is providing this service at the request of the Cardholder and shall not be liable for any claims relating to the Custom Image.
  • The Cardholder agrees that any dispute between the Cardholder and any third party with regard to the Custom Images submitted by the Cardholder shall be resolved between them, without involving ICICI Bank in such dispute. ICICI Bank shall not be liable for any loss/damage/harm suffered by either the Cardholder or any third party in this regard.
  • The Custom Images shall be required to comply with the Image Checking Guidelines, as uploaded on the Website.
  • The Expressions Credit Card will be issued only after approval of the Custom Image as per the Image Checking Guidelines. On successful approval of Custom Image, the Application will be processed. In the event the Custom Image does not meet the Image Checking Guidelines, the Application will be declined.
  • The Custom Image uploaded by the Cardholder should be free from any spyware, malware, virus or any other content which is harmful to ICICI Bank or the Partner Institution/s.
  • The Cardholder understands that the Gallery Images are Intellectual Property of ICICI Bank and the Cardholder claims no right, interest, title over the Gallery Image selected for the Expressions Credit Card.
• REPLACEMENT, EXPIRATION AND TERMINATION:
  
  
  • The Custom Image or Gallery Image on the Expressions Credit Card may be changed by the Cardholder through a new request by placing an Application, on the Website. The applicable Card replacement fee, as specified from time to time by ICICI Bank (Plus goods and service tax) will be charged for every replacement Expressions Credit Card issued with the new Custom Image or Gallery Image.
  • In cases where the Expressions Credit Card is lost, stolen or damaged, and a request for a replacement card is made, the Cardholder shall receive a replacement Expressions Credit Card with the same Custom Image or Gallery Image as the previous Expressions Credit Card.
  • The Expressions Credit Card is valid for such period as is embossed on the Card. ICICI Bank may, at any time, with or without notice, in its absolute discretion, terminate the Expressions Credit Card.
  • On expiry of the Expressions Credit Card, a new Credit Card will be issued to the Cardholder with the same Custom Image or Gallery Image as the previous Expressions Credit Card.
  • If at any time, after the issuance of the Expressions Credit Card, it is found that the Custom Image uploaded by the Cardholder violates any Intellectual Property Rights of any third party or any applicable laws or regulations in force or any other terms and conditions/guidelines relating to the use of the Expressions Credit Card, or the Cardholder does not have the sufficient rights for the Custom Image, the Expressions Credit Card will be blocked permanently. In such a scenario, without prejudice to the indemnity obligations of the Cardholder to ICICI Bank under the Terms, the Cardholder may apply for a Credit Card, without any personalised image.
• INDEMNIFICATION BY CARDHOLDER: In consideration of ICICI Bank providing the Cardholder with the Expressions Credit Card and related services, the Cardholder hereby agrees to indemnify and keep ICICI Bank indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs (including legal costs) charges and expenses whatsoever ("Claims"), which ICICI Bank may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of:
  
  
  • any violation, breach or alleged breach of the Terms by the Cardholder
  • breach by the Cardholder of any representations, warranties under the Terms
  • any negligence, mistake or misconduct of the Cardholder (directly or indirectly);
  • any Claim relating to infringement or alleged infringement of Intellectual Property Rights;
  • violation of any legal, statutory or regulatory guidelines regarding use of Images;
  • any action, suit or claim by any third party arising out of the usage of the Custom Image by ICICI Bank and/or the Partner Institution/s;
  • any Claim as a result of the Cardholder violating the Image Checking Guidelines uploaded on the Website;
  • any Claim from third parties relating to the credit, character and reputation (including actual or perceived loss of reputation, defamation or the like), alleged to have been caused by the Custom Image on the Expressions Credit Card. The liability arising under this Claim shall be the sole responsibility of the Cardholder, on whose request the Custom Image is uploaded by ICICI Bank on the Expressions Credit Card;
  • any issues arising out of any spyware, viruses or malware in the Custom Images uploaded through the Website.
  Additionally, as per the representations given in Clause 3, the Cardholder agrees to indemnify and keep ICICI Bank indemnified against all actions, claims and costs, charges and expenses arising out of or as a consequence of the Cardholder not complying with the applicable laws, rules and regulations in force from time to time.
  
  
• EXCLUSION OF LIABILITY OF ICICI BANK: ICICI Bank shall be under no liability whatsoever in respect of any actions, claims, demands, proceedings, losses, damages, personal injury (including actual or perceived loss of reputation, defamation or the like) and costs, charges and expenses whatsoever, arising directly or indirectly out of:
  
  
  • Any use of the Expressions Credit Card and/or PIN;
  • Any dispute relating to infringement or alleged infringement of Intellectual Property Rights or legal or regulatory guidelines regarding use of Images;
  • Any action, suit or claim by any third party where the Cardholder has violated the Image Checking Guidelines uploaded on the Website;
  • Any disputes or claims raised by third parties relating to the credit, character and reputation (including actual or perceived loss of reputation, defamation or the like), alleged to have been caused by the Custom Image on the Expressions Credit Card. The settlement of such disputes or claims shall be the sole responsibility of the Cardholder, on whose request the Image is provided by ICICI Bank on the Expressions Credit Card;
  • The refusal by any person or Merchant Establishments in honouring or accepting the Expressions Credit Card;
  • Any mis-statement, mis-representation, error or omission in any details disclosed to ICICI Bank.
• NOTIFICATION OF CHANGES AND OTHER PROVISIONS:
  
  
  • ICICI Bank shall have the absolute discretion to amend or supplement the Terms, the features and benefits offered on the Expressions Credit Card including, without limitation, changes which affect interest rates or methods of calculation, at any time.
  • ICICI Bank shall notify / communicate the amended Terms by hosting the same on ICICI Bank's website or in any other manner as decided by ICICI Bank. The Cardholder shall be responsible for regularly viewing these Terms, including amendments thereto as may be posted on ICICI Bank's website and shall be deemed to have accepted the amended Terms by continuing to use the Expressions Credit Card.
  • The Expressions Credit Card and the Cardholder's obligations under these Terms shall not be assigned. ICICI Bank may transfer its rights under these Terms. Use of the Expressions Credit Card is subject to all applicable rules and customs of any clearing house or other association involved in transactions. ICICI Bank does not waive its rights by delaying or failing to exercise them at anytime. If any provision of the Terms is determined to be invalid or unenforceable under any rule, law or regulation of any governmental agency, local, state or federal, the validity or enforceability of the other provisions of the Terms shall not be affected.