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Terms and Conditions for ICICI e-Locker Facility
These terms and conditions shall hereinafter be referred to as ICICI e-Locker T&Cs.; The same are in addition to and not in derogation of other applicable terms and conditions pertaining to use of ICICI Bank / ICICI Securities products / services as may be contextually applicable including but not limited to ICICI Bank's Internet Banking Services, ICICI Bank Savings Bank Account Terms and Conditions. To the extent of any contradictions between the ICICI e-Locker T&Cs; and other applicable terms and conditions as specified herein above which cannot be resolved by way of harmonious interpretation, the ICICI e-Locker T&Cs; shall prevail.
The below mentioned terms and conditions are also applicable and binding for accessing ICICI e-Locker facility on ICICI Securities Ltd website - https://www.icicidirect.com
Definitions: For the purpose of the ICICI e-Locker T&Cs; the following terms shall have the meaning as assigned to them herein.
"ICICI e-Locker" shall mean online storage facility available on ICICI Bank internet banking platform and ICICI Securities website icicidirect.com where customers can upload, download, view and store the Content in such format and in such manner as permitted by ICICI Bank / ICICI Securities Ltd.
"Standalone Customer/s" with respect to ICICI e-Locker shall mean as follows:
"Standalone Customer/s of ICICI Bank" shall mean such customers of ICICI Bank who hold an ICICI Bank savings account and have been issued a login ID and password for using ICICI Bank internet banking facility.
"Standalone Customer/s of ICICI Securities" shall mean such customer/s of ICICI Securities who have registered themselves with ICICI Securities and have been issued a log in ID and password for using ICICI Securities website https://www.icicidirect.com
"Common Customer/s" with respect to ICICI e-Locker shall mean such customers who hold an ICICI Bank savings account and have been issued a login ID and password for using ICICI Bank internet banking facility and also hold ICICI Securities account with a valid login id and password.
"Customer/s" shall mean a combined reference to Standalone Customer/s and Common Customer/s.
"Hirer" with respect to ICICI e-Locker shall mean such Customer/s who avail ICICI e-Locker Facility subject to agreeing and abiding to the ICICI e-Locker T&Cs; in the manner specified ICICI Bank from time to time. Users with respect to ICICI Securities shall mean such customer who has agreed to ICICI Securities ICICI e-Locker terms and conditions in the manner specified by ICICI Securities Ltd.
"Content" with respect to ICICI e-Locker shall mean such documents in PDF and jpeg format which have been uploaded by the Hirer / User and such other formats which may be permitted by ICICI Bank and ICICI Securities from time to time, under ICICI e-Locker services.
"My Folder" shall mean the ICICI e-Locker My Folder under the ICICI e-Locker facility which can only be accessed by the Customer/s.
"Shared Folder" shall mean the ICICI e-Locker Shared Folder under the ICICI e-Locker facility which can be accessed by the Customer/s, ICICI Bank and ICICI Securities in the following manner for uploading, downloading, viewing and storing the Content:
In case of Standalone Customer/s of ICICI Bank the Shared Folder shall only be accessed by ICICI Bank.
In case of Standalone Customer/s of ICICI Securities the Shared Folder shall only be accessed by ICICI Securities.
In case of Common Customer/s the Shared Folder shall be accessed by ICICI Bank and ICICI Securities.
The Customer/s understands and agrees that ICICI Bank / ICICI Securities may, subject to the same being permitted under applicable laws, levy a charge for use of ICICI e-Locker Facility at any point of time and for continued use of the ICICI e-Locker facility, the Customer/s agrees to pay such charges without demur when called upon to do so.
ICICI e-Locker facility shall be made available by ICICI Bank / ICICI Securities to only such Customer/s as ICICI Bank and ICICI Securities may decide in their sole and absolute discretion from time to time. Standalone Customer/s of ICICI Bank shall be able to access their respective ICICI e-Locker only through the logged in section of ICICI Bank internet banking. Standalone Customer/s of ICICI Securities shall be able to access their respective ICICI e-Locker through valid ICICIdirect.com login id and password. Common Customer/s shall be able access their respective ICICI e-Locker through ICICI Bank logged in section or through ICICI Securities login id and password. Such person/s who holds a savings account with ICICI Bank and also holds a trading account with ICICI Securities but whose accounts are not linked shall be treated as Standalone Customer/s.
Each joint savings account holder of ICICI Bank who is eligible for ICICI e-Locker facility and has been issued a separate ICICI Bank internet banking login ID and password shall be entitled to an individual ICICI e-Locker.
Common Customer/s shall be able to access the same ICICI e-Locker whether through ICICI Bank logged in section or through ICICI Securities login id and password.
Once the Hirer / User has successfully subscribed for ICICI e-Locker facility then the Hirer / User shall continue to avail the same till such time ICICI Bank / ICICI Securities stops providing such service/ facility altogether and/ or the facility is terminated in the manner described in the ICICI e-Locker T&Cs.;
The Hirer / User agree to be solely responsible for the Content uploaded by him/her including but not limited to the quality of the Content. The Hirer / User agrees that it shall be responsibility of the Hirer to ascertain after each upload that the Content purported to be uploaded by the Hirer / User has been correctly uploaded in the ICICI e-Locker.
The Hirer / User should ensure that the Content is at all times clear and free of virus, worms or any code of destructive nature. The Hirer / User shall not upload in the ICICI e-Locker any Content that is stolen, unlawful, harmful, defamatory, or offensive in any nature or otherwise objectionable or contrary to public interest, public order or national harmony is any respect.
The Hirer / User shall have no right of property in the ICICI e-Locker or any related technology but only an exclusive right to access and use the ICICI e-Locker in accordance with applicable terms and conditions. The Hirer / User shall not assign or sublet the ICICI e-Locker or any part of it, nor permit it to be used for any purpose other than for uploading, downloading, viewing and storing the Content.
The Customer/s agrees that this service is made available to the Customer/s for his personal use only and is not transferable and non assignable under any circumstance.
All Content is received and held by ICICI Bank subject to a general lien for all moneys due from the Hirer / User to ICICI Bank with the power to block the Hirer's / User's access to the ICICI e-Locker and to sell such Content or any part thereof in satisfaction of any moneys due to ICICI Bank but not paid. This clause shall not apply to Standalone Customer/s of ICICI Securities.
In case of Standalone Customer/s of ICICI Bank, ICICI Bank may in its sole discretion stop providing ICICI e-Locker facility to the Hirer by giving 30 days advance notice to the Hirer. In such event the Hirer shall be required to remove all the Content from the ICICI e-Locker within the time period specified by ICICI Bank. In the event the Hirer fails to do so then ICICI Bank shall not be liable for any loss / damage / harm that may be caused to the Hirer as a result thereof.
In case of Standalone Customer/s of ICICI Securities, ICICI Securities may in its sole discretion stop providing ICICI e-Locker facility to the Hirer / User by giving 30 days advance notice to the Hirer / User. In such event the Hirer / User shall be required to remove all the Content from the ICICI e-Locker within the time period specified by ICICI Securities. In the event the Hirer / User fails to do so then ICICI Securities shall not be liable for any loss / damage / harm that may be caused to the Hirer / User as a result thereof.
In case of Common Customer/s, ICICI Bank / ICICI Securities may in its sole discretion stop providing ICICI e-Locker facility to the Hirer / User by giving 30 days advance notice to the Hirer / User. In such event the Hirer / User shall be required to remove all the Content from the ICICI e-Locker within the time period specified by ICICI Bank / ICICI Securities. In the event the Hirer / User fails to do so then ICICI Bank / ICICI Securities shall not be liable for any loss / damage / harm that may be caused to the Hirer / User as a result thereof.
Upon the Hirer / User stopping to avail / barred from availing of ICICI Bank's internet banking services the ICICI e-Locker facility shall also be automatically terminated by ICICI Bank. It shall be the Hirer's / User's responsibility to download the Contents from the ICICI e-Locker before his access to ICICI Bank internet banking is terminated. In the event the Hirer / User fails to do so then ICICI Bank shall not be liable for any loss / damage / harm that may be caused to the Hirer / User as a result thereof
The Customer understands that upon closure / barred from login to the Customer/s trading account, Content uploaded in the ICICI e-Locker would not be accessible through https://www.icicidirect.com
If the Hirer/User at any time wishes to discontinue using e-Locker then he can can choose to download all documents uploaded on e-Locker and then subsequently delete all the documents.
For reasons of grave or urgent necessity, ICICI Bank / ICICI Securities reserves the right of terminating / suspending the ICICI e-Locker facility for such period as it may consider necessary. ICICI Bank / ICICI Securities shall also not be liable for any damage or loss resulting from the delay caused by Hirer / User's inability to access the ICICI e-Locker for any reason whatsoever.
The Hirer / User understands that access to the ICICI e-Locker is provided through a combination of technologies and computer systems. Thus there exists a possibility of communication failure or system problems due to which the Hirer / User may not be able to temporarily access the ICICI e-Locker. The Hirer / User agrees not to hold ICICI Bank and / or ICICI Securities liable for any loss / damage / harm that may result to him as a result of the same.
The registered address and registered email id with respect to E-Locker Facility shall be as follows:
For Hirers who are Standalone Customer/s of ICICI Bank the registered address and registered email id shall be that as updated for the ICICI Bank savings account to which the E-Locker is linked.
For Users who are Standalone Customer/s of ICICI Securities the registered address and registered email id shall be that as updated for the ICICI Securities trading account to which the E-locker is linked.
It shall be the responsibility of the Hirer / User to notify ICICI Bank / ICICI Securities of any change of address or email id of the Hirer / User as the case may be. Any notice of communication sent by post to the registered address or registered email id of the Hirer / User as per ICICI Bank's / ICICI Securities' records shall be considered to have been duly served.
It shall be the responsibility of the Hirer / User to keep the ICICI Bank / ICICI Securities login id and password safe and not to divulge the same to any person or in any manner whatsoever. The same should be used only for the purpose of authenticating themselves on the website of ICICI Bank / ICICI Securities for entering the logged in section of the respective websites. In the event of an apprehension of unauthorised access, the Hirer / User shall immediately cause the Hirer / User password/s to be changed.
The Hirer / User agrees that ICICI Bank / ICICI Securities may at any time, at its discretion and without assigning any reason call upon him / her to remove the Content from the said ICICI e-Locker. In the event the Hirer / User fails to do so then ICICI Bank / ICICI Securities shall not be liable for any loss / damage / harm that may be caused to the Hirer / User as a result thereof.
Notwithstanding anything to the contrary in Section 152 of the Indian Contract Act, under no circumstances shall ICICI Bank / ICICI Securities be responsible for any loss / deterioration / damage to the Contents caused by any reason whatsoever. The Hirer / User understands that he shall be responsible for maintaining the necessary alternate backup of the Content and that ICICI e-Locker Facility is provided for the convenience of the Customer and as a value added service. Further, the Customer/s assumes all risk of loss of such Content and hereby explicitly agrees to relieve ICICI Bank / ICICI Securities of any responsibility for such loss of Content and holds ICICI Bank / ICICI Securities harmless against any loss caused to the Customer due to any reason including but not limited to any third party acts such as hacking, spying, theft of Content or any other acts which are beyond the reasonable control of ICICI Bank / ICICI Securities.
The Customer/s understands and agrees that the Customer/s alone can access the ICICI e-Locker facility and that ICICI Securities may, at its discretion, not permit the Customer/s to use CallnTrade/Customer Service or any other authenticated service offered by ICICI Securities to access the ICICI e-Locker. Further, the Customer understands that in the event the Customer/s accesses his/her account through a sub broker of ICICI Securities, ICICI Securities may, at its discretion , not permit the said sub broker of ICICI Securities to access the Customer/s eSafe and upload/ download Content saved therein.
ICICI Bank / ICICI Securities reserve the right to purge / restrict the uploading of any Content that they may decide in their sole and absolute discretion to be in violation of the ICICI e-Locker T&Cs.; ICICI Bank / ICICI Securities also reserve the right to immediately deactivate the ICICI e-Locker facility being availed by the Hirer / User in the event the Hirer / User is in violation/breach of any declarations /obligations etc made/provided herein and/or breach of any/all applicable terms and conditions governing his relationship with ICICI Bank / ICICI Securities.
The Hirer / User undertakes to keep indemnified ICICI Bank and ICICI Securities, their directors, employees, representatives and assignees against all direct, indirect, consequential loss / damage / harm (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses, including attorneys fees and expenses) suffered by ICICI Bank, ICICI Securities or their directors, employees, representatives and assignees, arising from any act or omission of the Hirer / User or due to any breach of the ICICI e-Locker T&Cs; by the Hirer / User and/or due to breach of any applicable terms and conditions . The provision of indemnity as stated herein shall survive the termination of the ICICI e-Locker facility by the Hirer / User.
ICICI Bank / ICICI Securities reserve the sole and absolute discretion to withdraw, alter, amend or supplement any of the ICICI e-Locker T&Cs; at any time. The modified ICICI e-Locker T&Cs; shall be communicated to the Hirer / User through the Internet or through any other medium as may be deemed fit by ICICI Bank / ICICI Securities. By using the ICICI e-Locker facility after the modified ICICI e-Locker T&Cs; have come into effect, the Hirer / User shall be deemed to have accepted the modified ICICI e-Locker T&Cs.;
In the event any notice is received by either ICICI Bank or ICICI Securities from any statutory / regulatory / other authority with respect to an E-Locker availed by a Common Customer then both ICICI Bank and ICICI Securities shall comply with such notice as if it had been served upon them directly.
The Hirer / User hereby warrants that the Content stored by him in the ICICI e-Locker does not infringe any rights (including but not limited to Intellectual Property Rights) of third parties and hereby agrees to indemnify ICICI Bank and/or ICICI Securities and all their affiliates, officers, agents against any loss, damage, claim or demand including reasonable legal fees or action taken by any such third party due to or arising out of the Content posted, uploaded and stored on the ICICI E- Locker account by the Hirer / User. Without limiting the generality of the foregoing, the Hirer / User agrees not to infringe any patent, copyright, trademark, trade secret, privacy or other intellectual, personal or proprietary rights of third parties, supply, store any libelous, abusive, obscene material or disparage the products or services of any third party including ICICI Bank and ICICI Securities.
The Hirer / User shall be solely responsible for any/all issues/claims/disputes/complaints arising out of or in connection with the Content posted, uploaded or stored on the ICICI e-Locker and any/all such issues/claims/disputes/complaints shall not constitute a claim against ICICI Bank or ICICI Securities.
The Hirer / User agrees to abide by such rules and regulations as ICICI Bank / ICICI Securities may prescribe from time to time with respect to ICICI e-Locker.
Governing Law: The ICICI e-Locker T&Cs; shall be governed by the laws of India and any dispute, legal action or proceedings arising out of the same shall be referred to the courts or tribunals at Mumbai in India and the Hirer irrevocably submits himself to the jurisdiction of such courts and tribunals. ICICI Bank / ICICI Securities 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 Hirer hereby consents to submit to such jurisdiction. Any provision of the ICICI e-Locker Terms, which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the ICICI e-Locker Terms or affect such provision in any other jurisdiction.
Sharing of Information: The Hirer undertakes and authorises ICICI Bank / ICICI Securities, its Group Companies to exchange, share or part with all the information, data or documents relating to his/her application to other ICICI Group Companies / banks / Financial Institutions / Credit Bureaus / Agencies / Statutory Bodies /Tax authorities /Central Information Bureaus/ such other persons as ICICI Bank / its Group Companies may deem necessary or appropriate as may be required under applicable laws / regulations, for providing any service to the Hirer, for use or processing of the said information / data by such person/s or furnishing of the processed information / data / products thereof to other Banks / Financial Institutions / credit providers / users registered with such persons and shall not hold ICICI Bank / its Group Companies liable for use of this information.
Assignment : ICICI Bank / ICICI Securities shall be entitled to sell, assign, securitise or transfer ICICI Bank's / ICICI Securities' right and obligations under the ICICI e-Locker Terms to any person of ICICI Bank's / ICICI Securities' choice in whole or in part and in such manner and on such terms and conditions as ICICI Bank / ICICI Securities may decide. Any such sale, assignment, securitisation or transfer shall conclusively bind the Hirer and all other persons. The Hirer, his heirs, legal representatives, executors, administrators and successors are bound by the ICICI e-Locker Terms. ICICI Bank / ICICI Securities 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.
Proprietary Rights : ICICI Bank / ICICI Securities shall make reasonable efforts to advise from time to time the Internet software such as browsers, which are required for availing of e-Locker. There will be no obligation on ICICI Bank / ICICI Securities to support all or any versions of the Internet software as may be required for offering e-Locker. The Hirer acknowledges that the software underlying the e-Locker as well as other Internet related software which are required for accessing e-Locker are the legal property of the respective vendors. The permission given by ICICI Bank / ICICI Securities to access e-Locker will not convey any proprietary or ownership rights in such software. The Hirer shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying e-Locker or create any derivative product based on the software.
A Hirer/User who is a Standalone Customer of ICICI Bank or a Common Customer availing the facility of e-locker from ICICI Bank's website by accepting the ICICI e-Locker T & C after August 22, 2012 agrees that his / her savings account nomination shall be automatically extended to the e-locker. Such Hirer/User also agrees that any subsequent change in his/her Savings Account nomination shall be automatically extended to the e-locker as well. A Hirer/User who is a Standalone Customer of ICICI Securities or a Common Customer accessing e-locker through ICICI Securities website understands that no nomination facility shall be provided to him/her. Any change in nomination facility for e-locker shall be offered on such terms and conditions as may be specified by ICICI Bank from time to time.
