Terms and Conditions for My Galaxy Pockets Wallet
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These terms and conditions (“Terms”) apply to and regulate the provisions of the specified products and services provided by ICICI Bank through the My Galaxy Pockets Wallet Mobile SDK Application. These Terms are in addition to and not in derogation with following terms and conditions and such other terms and conditions as may be specified by ICICI Bank from time to time –
- ICICI Bank Prepaid Instrument terms & conditions
- ICICI Bank Net Banking terms & conditions
- ICICI Bank Mobile Banking terms & conditions
In case of any inconsistency between these Terms and Primary/other specified terms and conditions, these Terms shall prevail.
1 . Definitions :
In this document the following words and phrases shall have the meanings as set below unless the context indicates otherwise:
“Affiliates of ICICI Bank”
It shall mean and include any company which is the 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 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 organization or other body whatsoever.
“ICICI Bank”
It 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 registered office at Landmark, Race Course Circle, Vadodara 390 007 and corporate office at ICICI Bank Towers, Bandra Kurla Complex, Mumbai 400051.
“ICICI Bank Customer Care Centre”
It refers to ICICI Bank – Phone Banking Service provided by ICICI Bank to the Users.
“Intellectual Property” shall mean and include any right, title or interest whatsoever in, to or over any of the trademarks, patents, service marks, designs, logos, copyrights, (whether registered or unregistered), including the right to file for registration.
“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).
“MPIN”
MPIN refers to the login authentication required on using the SDK Application within the My Galaxy App. Once the user registers, he/she will be asked to set an MPIN which will be used further for validating usage of the My Galaxy Pockets Wallet.
“My Galaxy app”
My Galaxy app refers to the My Galaxy application provided by Samsung.
“Personal Information”
It refers to the personal information provided by the User to ICICI Bank.
“Registered User”
Registered User refers to User who has registered for the SDK Application.
“Retail Internet Banking”
Retail Internet Banking means Internet Banking services of ICICI Bank that are offered to the User.
“SDK Application”
SDK(Software Development Kit) Application refers to My Galaxy Pockets Wallet which is available on the My Galaxy App on Samsung mobile phones. This mobile Application SDK can be used to avail products and services offered by ICICI Bank.
“Services”
It refers to the products and services as made available by ICICI Bank to the Users through the SDK Application from time to time and as more specifically mentioned in clause 4 of the Terms.
“User”
It refers to any person of the age 10 years or more (not necessarily having any relationship with ICICI Bank) authorized and eligible to avail products and services through this SDK Application. In case of the user being a minor, the guardian of such minor shall be permitted to avail products and services through the SDK Application.
“Wallet”
It refers to ICICI Bank virtual semi closed prepaid instrument having a monthly transaction limit of Rs, 10,000/-. The specific terms and conditions for the Wallet prepaid instrument which is integral part of this terms and conditions are as per the guidelines and policies of Reserve Bank of India.
“Wallet Holder”
It shall mean a User holding a Wallet with ICICI Bank. Non-resident Indians, corporate account holders and foreign account holders are not eligible to register for this service.
"Website"
It refers to the website owned, established and maintained by ICICI Bank located at the URL www.icicibank.com.
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, authorisation, or any published, directive, guideline, requirement or governmental restriction having the force of law, or any determination by, or interpretation of any of the foregoing by, any judicial authority, whether in effect as of the date of registration or thereafter and each as amended from time to time. - the singular includes the plural (and vice versa);
- the headings in these Terms are inserted for convenience of reference only and are to be ignored in construing and interpreting the Terms;
- reference to the words “include” or “including” shall be construed without limitation;
- reference to a gender shall include references to the female, male and neuter genders;
2. Applicability of Terms:
These Terms form the contract between the User and ICICI Bank for availing Services through this SDK Application. For availing the Services, the User shall be first required to register to the SDK Application as per the instructions provided on the Website. 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 SDK Application for availing the Services, the User acknowledges and accepts these Terms. While availing the Services through the SDK 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. SDK APPLICATION :
For the purpose of availing the Services through the SDK Application, the User shall register herself/himself through the SDK Application itself.
The information provided to the User through the SDK Application is not uploaded continuously but at regular intervals. Consequently, any information supplied to the User through the SDK 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 transactions in any form it wishes. In the event of any dispute, ICICI Bank’s records shall be binding as conclusive evidence of the transactions carried out through the SDK 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 a part of the SDK Application shall be binding on the User as and when ICICI Bank receives such a request. If any request for 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 request until it receives such documentation from the User.
The User shall ensure that the SDK Application, is not used for any purpose which is illegal, improper or which is not authorized under these Terms, Service Terms or any other specified terms.
4. Registration:
To avail services through the SDK Application, User has to first register, the process for which shall be followed by the User on the SDK Application itself. The following Users are eligible to register –
- Any person of the age 10 years or above, who may or may not have a relationship with ICICI Bank.
User must register by authenticating One Time Password (OTP) sent over to registered mobile number. On successful authentication, a wallet will be issued to the User with the profile provided/ confirmed by him at the time of registration. After authentication via OTP, the User shall provide his/her first name, date of birth, gender and email address. Once these steps are successful, User will be asked to set an MPIN which will be asked of him every time User wishes to login to the Wallet. User shall also be provided with an auto-generated username and password for availing Retail Internet Banking. Upon the successful login by User into the SDK Application with MPIN created at the time of registration, the User shall be provided with the Services.
5 . Services:
Following are the products and services which shall be offered through SDK 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.
View only Requests –
Wallet Number, Valid From date, Expiry Date and CVV number.
Financial Services –
Any of the following financial transactions can be done through the Wallet -
Bill payment for few utility services like post paid mobile bills, Landline Bills, Gas Bills etc, DTH recharge etc.
Transfer of money to mobile.
Prepaid Mobile Recharge or Data Card Recharge.
Frills –
Details of these product and services are incorporated as notes or terms in relevant sections of the SDK Application which a User can access or read before initiating or availing those services.
Services through this SDK Application may be provided by ICICI Bank directly or through its associates or contracted service providers on behalf of ICICI Bank.
6. Limitation on Transactions:
Followings shall be transaction and/or daily limit for the financial transactions offered through this SDK Application –
Transactions - Fund transfer, mobile recharge, bill payment will be subset of daily transaction limit under ICICI Bank Retail Internet Banking. If the daily transaction limit in Retail Internet Banking is exhausted, then User will not be allowed to carry out transactions through the SDK Application 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.
7. Interoperability of SDK Application Wallet and Internet Banking:
User of SDK Application has access to Retail Internet Banking as well.
8 . Unauthorised Access :
The User shall take all necessary precautions to prevent unauthorized and illegal use of the SDK Application and Services offered through the SDK Application. The User agrees not to use/access the SDK Application and/or Services offered through the same in any manner other than as authorized by ICICI Bank. Where the User uses the SDK Application 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 SDK Application. ICICI Bank shall take all commercially reasonable care to ensure the security of and to prevent unauthorised access to the SDK Application and the Services offered through this SDK Application using commercially reasonable technology available in India.
9 . Charges:
Charges are upfront informed to User before committing the transaction. ICICI Bank reserves the right to charge or modify existing charge by giving due notice which shall not be less than 24 hours and recover from the User such charge for providing Services through the SDK Application. The User hereby authorises ICICI Bank to recover the said charges by debiting one of the Wallet of the User or by sending a bill to the User who shall be liable to make the payment within the specified period. Failure to do so shall result in recovery of the applicable charges by ICICI Bank in a manner as ICICI Bank may deem fit along with interest, if any, and/or suspension of the Services made available through the SDK Application without any liability to ICICI Bank.
10 . Lack of Sufficient Balance:
ICICI Bank shall not be liable for any consequences arising out of its failure to carry out the instructions due to inadequacy of funds and/or credit facilities provided always that ICICI Bank shall at its sole discretion, be entitled to carry out the instructions notwithstanding such inadequacy without seeking the prior approval from or notice to the User and the User shall be responsible to repay with interest the resulting overdraft, advance or credit thereby created and for all related costs and charges.
ICICI Bank may levy service charges for use of the SDK Application which will be notified by ICICI Bank to the User from time to time. Any change in such service charges will also be notified to the User. The User authorises ICICI Bank to recover all charges related to the SDK Application as determined by ICICI Bank from time to time by debiting any of the Wallet of the User.
ICICI Bank may withdraw the provision of these Services, wholly or partly, if at any time the amount of deposit falls short if the service charges remain unpaid, without giving any further notice to the User and / or without incurring any liability or responsibility whatsoever by reason of such withdrawal.
11. The User expressly agrees and acknowledges that in the event the User chooses to apply for Service/s provided by ICICI Bank through SDK 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 SDK 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.
12. Authority to ICICI Bank:
The User irrevocably and unconditionally authorises ICICI Bank to his Wallet for effecting banking or other transactions performed by the User through the SDK 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 SDK Application or purporting to have been sent by the User other than by means of authenticating through MPIN.
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 SDK Application through operation of a computer 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 availing and using the Service/s through the SDK 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.
13. Instructions:
All instructions for accessing the SDK Application and/ or availing the Service/s shall be given, through computer or any other medium/SDK Application 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 SDK 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 SDK Application / Service(s).
Any instruction, order, direction and/or request made through the SDK Application which is accessed post successful authentication of MPIN 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.
14. Accuracy of Information:
The User is responsible for correctness of the information supplied to ICICI Bank for access / use of the SDK Application and/or availing the 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 SDK 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, address, 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 SDK Application and effect closure of the wallet with forfeiture of the amount if any, lying in the wallet.
15. 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 SDK Application and/or availing the 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 SDK Application 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 SDK Application 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 SDK Application.
16. Disclaimer of Warranties:
The User expressly agrees that the access / use of the SDK Application and/or availing the Services is at the User’s sole risk. The SDK Application 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 SDK Application / Services.
ICICI Bank does not warrant that access to the Website and SDK Application 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 Website/ SDK Application, accuracy or reliability of the SDK Application 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 SDK Application and/or during availment of the Services. ICICI Bank does not guarantee to the User or any other third party that the SDK Application would be virus/ malware free.
17. Indemnity:
In consideration of ICICI Bank providing the User with access to the SDK Application 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 Service through the SDK Application , 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 SDK Application /Service(s), by the User;
- any misrepresentation or breach of representation or warranty made by the User contained herein; or
- any breach of any covenant or obligation to be performed by the User hereunder.
The User agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
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 SDK Application / availing Service(s), excluding any amount paid towards transactions.
18. Disclosure of Information:
The User agrees that ICICI Bank and/or Affiliates or their contractors may hold and process his Personal Information and all other information concerning his Wallet on computer or otherwise in connection with the use of / access to SDK Application / availing Service(s) as well as for analysis, credit scoring and marketing. The User also agrees that ICICI Bank may disclose, in strict confidence, to other institutions, such Personal Information as may be reasonably necessary for reasons inclusive of but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for credit rating by recognised credit scoring agencies, or for fraud prevention purposes.
As per the Information Technology Act, 2000 (“Act”) a subscriber may authenticate an electronic record by affixing his 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 OTP,MPIN, Passwords 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 /Card / MPIN /OTP details without any liability of ICICI Bank in this regard.
19. 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 discontinue with the Service/s, at any time up to one months from the date of the notice by intimating ICICI Bank of the same. However, the User shall be liable to pay any extra charges or interest that maybe applicable owing to such amendment or supplement being made to any Terms, Service Terms, Primary Terms or Guidelines for the period starting from the implementation of the said amendment till the date of the communication by the User of his intention to discontinue with the Service/s.
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.
20. Non-Transferability :
The grant of access to the SDK Application to a User is not transferable under any circumstance.
21. Termination :
The User shall have the right to block his/her access to the SDK Application and/or discountinue availing the Services, by calling customer care number and/or registering a request with the phone banking officer as provided under clause 31 of the Terms. The User shall have the sole responsibility for any or all the transactions made through the SDK Application.
ICICI Bank may withdraw or terminate the access to the SDK Application 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 10 shall survive on the termination of this arrangement or of the SDK Application for any reason whatsoever.
22. 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.
23. Governing Law
These Terms and/or the operations in the Wallet 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.
24. 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 SDK Application 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 SDK Application / avail the Service/s shall be borne by the User.
As a tool to correct misunderstandings, the User understands, agrees and authorizes 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 SDK Application. No third party will have any rights or claims under these Terms.
25. 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.
26. 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 or in any other account or Wallet, whether in singly or jointly, 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 SDK Application.
27. Proprietary Rights :
ICICI Bank shall make reasonable efforts to advise the User/s from time to time regarding the web browsers or mobile softwares required for availing the Service(s) and/or accessing the SDK Application. There will be no obligation on ICICI Bank to support all or any versions of the web-browser/s or mobile software as may be required for offering Service(s)/ providing access to SDK Application the web browser/s or mobile softwares have not been advised by ICICI Bank. The User acknowledges that the underlying software as well as web-browsers or mobile softwares required for accessing the SDK Application / availing the Service/s are the legal property of the respective vendors. The permission given by ICICI Bank to access the SDK Application / 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. All the Intellectual property including but not limited to “ICICI Bank” and “I man” logo are Intellectual Property of ICICI Bank Limited. Nothing contained herein shall be construed as granting or implying any transfer of Intellectual Property Rights (including license rights) from one party to the other.
28. 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 SDK 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.
29. Customer Care Centre :
Any complaints with respect to the Services and/or SDK Application /Services can be registered at ICICI Bank Customer Care Centre.
