"Affiliate" of ICICI Bank 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.
Â
"Account" shall mean ICICI Bank savings bank account held by a User.
"Remitter" or "User" shall mean a customer of ICICI Bank holding an Account and who is availing the Facility.
"Recipient" shall mean an ICICI Bank customer or a Non ICICI Bank customer including an individual not having any existing banking relationship, as the case may be.
"Facility" shall mean the Cardless Cash Withdrawal facility provided by ICICI Bank to the Users, by the use of which the Users can remit funds to the recipient from their Account through the modes specified by ICICI Bank.
"ICICI Bank" shall mean ICICI Bank Limited, a company incorporated under the Companies Act 1956 and a bank within the meaning of Banking Regulation Act, 1949 having its registered office at Landmark, Race Course Circle, Vadodara 390 007 and corporate office at ICICI Bank Towers, Bandra Kurla Complex, Mumbai 400 051. The expression "ICICI Bank" shall, unless it be repugnant to the subject or context hereof, includes its successors and assigns.
"ICICI Bank 24-Hour Customer Care Centre" shall mean and refer to ICICI Bank - Phone Banking Service provided by ICICI Bank to the Customer.
"Infinity'' shall mean and refer to the trade name of ICICI Bank's Internet Banking Service / website owned, established and maintained by ICICI Bank at the URL www.icicibank.com.
"Mobile Phone Number" shall mean the User’s registered mobile number with ICICI Bank, provided by the User on Infinity, through ICICI Bank 24 Hour Customer Care Centre or in writing (either through any form provided by ICICI Bank or otherwise), for the purpose of availing the Mobile Banking Facility.
FACILITY TERMS
By availing the Facility, the User can transfer amounts in the multiples of Rs. 100, subject to a minimum of Rs. 100 . The User shall submit a request for the Facility by use of Infinity. Such request shall be in such form and manner as may be specified by ICICI Bank from time to time.
1. User for the purpose of availing the Facility, shall submit a request on ICICI Bank internet banking portal by entering the following information:
- Mobile number of the recipient
- Name of the recipient
- Address of the recipient
- City and PIN code of the recipient
- Transfer amount
On submission of a request from the User for transfer of funds to the recipient, the same shall be processed and an SMS containing numeric code ("Remitter Code") shall be sent to the User at his/her Mobile Phone Number. The transmission of such SMS shall signify the receipt of the request for the Facility by ICICI Bank. The recipient shall be sent an SMS containing numeric code ("recipient Code") on such mobile number as may be intimated by the Remitter at the time of placing the request for funds transfer ("recipient Mobile Number"). The User shall have to communicate the Remitter Code to the recipient, in order to enable him to receive the funds transferred by use of the Facility.
The recipient shall be entitled to receive the funds transferred by the Remitter by using the Facility only on submission of the following details:
- Recipient Mobile Number
- Remitter Code
- Recipient Code and
- Amount transferred
The recipient shall be required to submit the abovementioned details together with such other information and by following of such steps/ processes as may be prescribed by ICICI Bank from time to time, to such of the ATMs of ICICI Bank as may be specified by ICICI Bank in this respect. ICICI Bank shall be entitled not to provide the funds to the recipient in the event any incorrect details are submitted by the recipient and in such event ICICI Bank shall not be liable in any manner to the recipient or the Remitter. The recipient shall approach any of the specified ICICI Bank ATM to withdraw the monies transferred within 12 hours of the transfer being made by the User or such other time as may be prescribed by ICICI Bank from time to time, failing which the transaction will be deemed to be cancelled and the monies will be credited back into the Account. The entire amount transferred to the recipient shall be withdrawn by the recipient at once and no part withdrawals shall be permitted.
The User shall be entitled to transfer monies by use of the Facility to each recipient upto such limit in such period, as may be prescribed by ICICI Bank, from time to time.
CANCELLATION OF REQUEST FOR FACILITY
The User may submit instruction to cancel any request for funds transfer placed with ICICI Bank. Such instruction can be submitted by the User through Infinity in such form and manner as may be specified by ICICI Bank. However, any instruction for canceling a request made for funds transfer received by ICICI Bank after the funds / money has been received by the recipient shall be ineffective and ICICI Bank shall not be held liable for execution of such instruction. If the instructions for cancellation of request for fund transfer are received before the monies are transferred to the recipient, then the Remitter's Account shall be credited within 12 hours from the time of initiating the cancellation request by the Remitter through the mode specified by ICICI Bank in this regard.
AUTHORITY TO ICICI BANK
The User irrevocably and unconditionally authorises ICICI Bank to access his Account for effecting instructions for funds transfer through the Facility and to share the Account information with any third parties as may be required for the purpose of accepting/ executing such requests of the User.
RECORDS
All the records of the transactions that are received by the User at the time of operation of Facility are only a record of the operations so carried out by the User and shall not be construed as ICICI Bank's own record of the transaction maintained through computer system or otherwise. ICICI Bank’s own records of the transactions maintained through computer system(s) or otherwise shall be accepted as conclusive and binding for all intents and purpose. 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.
ACCURACY OF INFORMATION
The User undertakes to provide accurate and complete information wherever required and shall be solely responsible for the correctness and completeness of information provided by him to ICICI Bank at all times, including, but not limited to, for the purposes of availing of the Facility. ICICI Bank shall not be liable for consequences arising out of erroneous information supplied by the User. If the User suspects that there is an error in the information supplied by ICICI Bank to him, he shall advise ICICI Bank as soon as possible. ICICI Bank will endeavor to correct the error wherever possible on a best effort basis. While ICICI Bank will take all reasonable steps to ensure the accuracy of the information supplied to the User, ICICI Bank shall not be liable for any inadvertent error, which results in the providing of inaccurate information.
DISCLAIMER OF LIABILITY
The User agrees that ICICI Bank shall not be liable if:
a) the User has breached any of the Terms , contained herein; or
b) the User has contributed to or the loss is a result of failure on part of the User to advise ICICI Bank within a reasonable time about unauthorised access of or erroneous transactions in the Account by use of the Facility; or
ICICI Bank shall endeavour to provide the Facility on a best effort basis and the User shall not hold ICICI Bank liable for non-availability of the Facility or non-performance by service providers, if any, engaged by ICICI Bank or any loss or damage caused to the User as a result of use of the Facility for causes which are not attributable to ICICI Bank. ICICI Bank shall not be liable in any manner to the User in connection with the use of the Facility. Without limitation to the other provisions of these Terms , 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 User or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of ICICI Bank in receiving and processing the request or any failure, delay, interruption, suspension, restriction, or error in ICICI Bank's system and/or any third party who provides such services as is necessary to provide the Facility.
Notwithstanding anything in the contrary provided in this terms and conditions, ICICI Bank shall not be involved in or in any way liable to the User for any dispute between the User and the recipient.
The User agrees that ICICI Bank may hold and process his personal information concerning his Account on computer or otherwise in connection with the Facility as well as for analysis, credit scoring and marketing. The User 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 to compliance with legal and/or regulatory directives, for credit rating by recognized credit scoring agencies, and for fraud prevention.
ICICI Bank will not be liable for
Any losses, damages, expenses and/or claims whatsoever, suffered by the User or recipient or any other person arising out or related to :-
(a) acts in good faith on any instructions received by ICICI Bank from or on behalf of the User in relation to the Facility;
(b) error, default, delay or inability of ICICI Bank to act on all or any of the instructions given by the User
(d) loss of any information/instructions in transmission;
(e) unauthorized access by any other person to any information /instructions given by the User or breach of confidentiality;
INDEMNITY
In consideration of ICICI Bank providing the Facility, the User, at his own expense, agrees to indemnify, defend and hold harmless, ICICI Bank, its directors and employees, representatives, agents, as the case may be, against all losses, damages, expenses, actions, claims, demands and proceedings whatsoever, that ICICI Bank may incur, sustain, suffer or be put to at any time as a consequence of acting on or omitting or refusing to act on any instructions given by the User or otherwise for use of the Facility.
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 notifying the User of such revision through Infinity or in any manner as may be specified by ICICI Bank from time to time. The User shall be required to refer to the schedule of fees put up on Infinity from time to time. In the event however if the monies transferred by use of the Facility is not withdrawn by the recipient within the period as prescribed by ICICI Bank and such monies are consequently credited back into the Account, the User shall not be liable for any fees.
MODIFICATION
ICICI Bank shall have the absolute discretion to amend or supplement any of the Terms, features and benefits in relation to the Facility. ICICI Bank may communicate the amended terms and conditions by hosting the same on Infinity or in any other manner as decided by ICICI Bank. The User shall be responsible for regularly reviewing these Terms and Conditions, including amendments thereto as may be posted on Infinity and shall be deemed to have accepted the amended terms and conditions by continuing to use the Facility. Any change in the terms and conditions shall be communicated to the Customer, in the manner as aforesaid, one month prior to the date of their implementation.
TERMINATION
ICICI Bank may, at its discretion, withdraw temporarily or terminate the Facility, either wholly or in part, at any time without giving prior notice to the User. 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 the Account of the User will automatically terminate the Facility. ICICI Bank may suspend or terminate Facility without prior notice if the User has breached these Terms or ICICI Bank learns of the death, bankruptcy or lack of legal capacity of the User.
NOTICES
ICICI Bank and the User may give notice under these Terms electronically to the mailbox of the User (which will be regarded as being in writing) or in writing by delivering them by hand or by sending them by post to the registered address of the Customer, last recorded with ICICI Bank and in case to ICICI Bank at its office at 3rd Floor, South Tower, ICICI Bank Towers, Bandra Kurla Complex, Mumbai 400 051. In addition, ICICI Bank shall also provide notice of a general nature regarding the Facility and the Terms, which are applicable to all Users using the Facility, on its Infinity and/ or also by means the customised messages sent to the Customer over his mobile phone as SMS or other mode as may be deemed fit by ICICI Bank. Such notice will be deemed to have been served individually to each User.
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.
SET-OFF
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 of any kind and nature (including fixed deposits) held/ balances lying in any other account/s of the User maintained with ICICI Bank and / or Affiliates, whether in single name or joint name(s), to the extent of all outstanding dues, whatsoever, arising as a result of the provision of Facility to the User.