Terms and Conditions of ICICI Bank Expression Gift Prepaid Card

Last Updated 23 October,2016

These Terms and Conditions (the "Terms") apply to and regulate the ICICI Bank 'Expressions Gift Prepaid Card' ("Expressions Card") provided by ICICI Bank.

1. 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:

1.1 "Application" or "Card Application" shall refer to the application made by the Customer to ICICI Bank for the issuance of a Card. The Application shall be in the form of a request made in the manner and format prescribed by ICICI Bank, and shall form an integral part of these Terms and Conditions.

1.2 "Expressions Card" or "Card" refers to the card containing customised images issued by ICICI Bank, in accordance with these terms and conditions.

1.3 "Customer" shall mean the individual holding an account with ICICI Bank who makes an Application for the issuance of, and to whom the Card(s) has been issued by ICICI Bank, subject to such terms and conditions as may be specified by ICICI Bank.

1.4 "Image", shall refer to the picture/s, photograph/s, image/s, design/s, mark/s, word/s or any such content that is submitted by the Customer on the Website for the purposes of availing an Expressions Card. The size of the Image uploaded on the Website should be between 100 KB and 10 MB.

1.5 "ICICI Bank" or "the Bank" shall mean ICICI Bank Limited, which is the proprietor / owner of the Card, and its successors, assigns and nominees / representatives.

1.6 "Image Checking Guidelines" shall refer to the guidelines issued by the Partner Institution/s of ICICI Bank for submission of cardholder images.

1.7 'Partner Institution/s', shall mean Serverside and Gemalto Digital Prints Pvt Ltd.

1.8 "Website" shall mean ICICI Bank Expressions Prepaid Card website which is hosted at www.icicibank.com.

1.9 "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.

1.10 "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).

2. APPLICABILITY OF TERMS:

2.1 The Customer shall be deemed to have unconditionally agreed to and accepted these Terms and Conditions by submitting the request for expression Prepaid card, in the form and manner prescribed by ICICI Bank from time to time.

3. IMAGE SUBMISSION POLICY:

3.1 The Customer represents and warrants that the Customer owns/is a valid licensee of all the Intellectual Property contained in the Image. If in any case, the Customer does not own or is not a valid licensee of the image, the Customer hereby expressly warrants and represents that he/she has all the requisite permissions/approvals in place to display the image on the expressions card.

3.2 To the extent that ICICI Bank provides to the Customer the services relating to the Expressions Card, the Customer agrees and hereby grants, and further, represents and warrants that the Customer has the adequate right and power to grant ICICI Bank, and the Partner Institution/s, an irrevocable, non-transferable, royalty-free, worldwide right to use to use, modify, print/emboss, store and reproduce the Image.

3.3 ICICI Bank understands that the Image is the Intellectual Property of the Customer and ICICI Bank claims no right, interest, title over the Image. The Customer continues to retain all Intellectual Property Rights in the Image.

3.4 The Customer represents and warrants that the use of Image by ICICI Bank and/or the Partner Institution/s in accordance with the Terms and does not violate the Intellectual Property Rights of third parties, and any applicable laws or regulations in force.

3.5 The Customer is singularly responsible for the Image. ICICI Bank is providing this service at the request of the Customer, and shall not be liable for any claims relating to the Image.

3.6 The Customer agrees that any dispute between the Customer and any third party with regard to the Images submitted by the Customer shall be resolved between them without involving ICICI Bank in such a dispute. ICICI Bank shall not be liable for any loss/damage/harm suffered by either the Customer or any third party in this regard.

3.7 The Images are required to adhere to the Image Checking Guidelines, as uploaded on the Website.

3.8 The Expressions Card will be issued after approval of the Image as per the Image Checking Guidelines. On successful approval of Image, the Card Application request will be processed. In the event the Image does not meet the Image Checking Guidelines, the Card Application request will be declined and the same shall be intimated to the Customer/ Cardholder

3.9 The Image uploaded by the Cardholder should be free from any Spyware, Malware, Virus or any other content which is harmful to ICICI Bank or its Partner Institution/s.

4. ISSUANCE OF CARDS:

4.1 ICICI Bank may issue the Expressions Card pursuant to the Customer making an Application for the Expressions Card and, agreeing to the applicable terms and conditions in the form and manner prescribed by ICICI Bank in this regard. ICICI Bank shall maintain records of these Applications and other consents/instructions in such a manner as may be deemed suitable by ICICI Bank.

4.2 The Expressions Card shall be activated subject to approval of the Card Application by ICICI Bank.

4.3 The Expressions Card will be dispatched to the communication address, as specified by the Cardholder in the Application within 10 working days of the approval of the Application by ICICI Bank.

5. REPLACEMENT, EXPIRATION AND TERMINATION:

5.1 The Image on the Expressions Card may be changed by the Cardholder through a new request by placing an Application, on the Website. The applicable fee of Rs. 199/- (plus service tax) will be charged for every replacement card issued for new Image uploaded.

5.2 In cases where the Expressions Card is lost, stolen or damaged, and a request for a replacement card is placed, the Cardholder will be provided a standard prepaid card, without any personalized Image.

5.3 The Card is valid up to a period of one (1) years from the date of issuance embossed on the Card. ICICI Bank may, at any time, with or without notice, at its absolute discretion, terminate the Card.

5.4 If at any time, after the issuance of the Expressions Card, it is found that the Image uploaded by the Customer violates any Intellectual Property Rights of third parties, and any applicable laws or regulations in force, or the Customer does not have the sufficient rights for the Image, or the Image on the card infringes the rights of any third party, the Expressions Card will be blocked permanently for usage at any ATM, retail or online merchant. In such a scenario, without prejudice to the Indemnity payable by the Customer to ICICI Bank, the Customer may apply for a standard Prepaid card, without any personalized image.

6. INDEMNIFICATION BY CUSTOMER:

In consideration of ICICI Bank providing the Cardholder with the Card and related facilities, the Customer 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) (hereinafter 'Claim'), charges and expenses whatsoever 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:

(i) any violation, breach or alleged breach of the Terms by the Customer before, during, and after the process of issuing the Expressions Card.

(ii) providing the Customer the said facility of the Card;

(iii) any direct or indirect negligence, mistake or misconduct of the Customer;

(iv) any claim relating to infringement or alleged infringement of Intellectual Property Rights ,

(v) violation of any legal, statutory or regulatory guidelines regarding use of Images;

(vi) any action, suit or claim by any third party arising out of the usage of the Image and/or the Expressions card by ICICI Bank and/or the Partner Institution/s

(vii) any Claim where the Customer has violated the Image Checking Guidelines shared in the agreement

(viii) 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 Image on the Expressions Card. The liability arising under this Claim shall be the sole responsibility of the Customer, on whose request the Image is uploaded by ICICI on the Expressions Card;

(ix) breach or non-compliance of these terms and conditions;

(xiv) any issues arising out of Spyware/Viruses/Malware in the Images uploaded through the Website.

Additionally, as per the representations given earlier in Clause 3, the Customer agrees to indemnify and agreed to hold ICICI Bank indemnified against all actions, claims and costs, charges and expenses arising out of or as a consequence of the Customer not complying with the applicable laws, rules and regulations in force from time to time.

7. EXCLUSION OF LIABILITY OF ICICI BANK:

ICICI Bank shall be under no liability whatsoever in respect of all actions, claims, demands, proceedings, losses, damages, personal injury (including actual or perceived loss of reputation, defamation or the like) (hereinafter 'Dispute') and costs, charges and expenses whatsoever, arising directly or indirectly out of:

(i) Any use of the Expressions Card ;

(ii) Any dispute relating to infringement or alleged infringement of Intellectual Property Rights and legal or regulatory guidelines regarding use of Images;

(iii) Any action, suit or claim by any third party where the Customer has violated the Image Checking Guidelines uploaded on the Website.

(iv) Any disputes 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 Image on the Expressions Card. The settlement of this Dispute shall be the sole responsibility of the Customer, on whose request the Image is uploaded by ICICI on the Expressions Card;

(v) The refusal by any person or Merchant Establishments in honoring or accepting the Expressions Card;

(vi) The exercise by ICICI Bank of its right to terminate any Expressions Card;

(vii) Any mis-statement, mis-representation, error or omission in any details disclosed to ICICI Bank.

8. Image upload guidelines

The following images will not be allowed for ICICI Bank Expressions Prepaid Card:

• Trademarks or copyright material that is famous or recognized, including images marked with ©, ® or ™ signs;
• Pictures that have advertising, promotional material including branded products and services;
• Pictures that have telephone numbers, URLs, account numbers or email addresses;
• Pictures of celebrities/musicians/athletes/entertainers/public-figures/cartoon characters etc. that are/were famous or recognized;
• Provocative or sexual images including inappropriate nudity or semi-nudity;
• Violent or offensive racist images including any images in which weapons or fire arms are shown;
• Images portraying anti-social or obscene behavior;
• Images where consumption of alcohol(or being drunk), smoking, narcotics or gambling are the focus,
• or if consumers of alcohol or smokers look under-age
• Any religious or political images, including images that portray socially unacceptable groups or political statements
• Text unless benign and in the English language
• Subject matter of any nature that might result confusion at point of sale or that might result in card fraud. Any image that might reflect poorly or might engender hostility toward the Master Card ® or Visa ® brands or any other network partner
• Images where money or currency is focus
• Any reference to the Olympic Games
• Trade names, logos, slogans or other identifying indicia of any Card Processing Associations (E.g. Visa, Master Card, American Express, etc.)
• Images that portray profanity or obscenity
• Images which show ICICI Bank, ICICI Bank logo, or ICICI Bank Prepaid Card
• Images which show the names or images of any other peer Banking or Financial Institution
• Images that have any Emblems, Flags, or Logos of the Constitution of India or any other Government body, or of any other country.