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1.1 ICICI BANK LIMITED ("ICICI Bank") is a company incorporated in India under the Companies Act, 1956 and licensed as a bank under the Banking Regulation Act, 1949. ICICI Bank currently has its registered office at Landmark, Race Course Circle, Vadodara 390 007 and its corporate office at ICICI Bank Towers, Bandra Kurla Complex, Mumbai - 400 051. ICICI Bank has a branch office at No 58, Dharmapala Mawatha, Colombo 7, Sri Lanka (Hereinafter referred to as “ICICI Bank, Colombo branch”)
1.2 ICICI Bank is subject primarily to the regulation and supervision of the Reserve Bank of India, which is a statutory body constituted under the Reserve Bank of India Act, 1934. ICICI Bank, Colombo branch is a commercial bank licensed by the Central bank of Sri Lanka and is subject to, inter alia, prudential regulations issued by the Central Bank of Sri Lanka.
1.3 ICICI Bank owns and maintains the Website and offers a Registered User (as defined herein) access to and use of the Website and the opportunity to avail of the Facilities subject to these terms and conditions.
1.4 These terms and conditions (the “Terms and Conditions”) are effective as of 11th March 2011supersede any prior versions hereof, and govern the terms under which you may access and use this Website and any of the Facilities (as defined herein). Capitalised terms, which are used in this Terms and Conditions and not defined elsewhere shall have the meanings assigned to them under the Section 24 of this Terms and Conditions.
1.5 Do not access or use the Website or Remittance Tracking Facility .as defined hereunder, if you do not agree to be bound by the Terms and Conditions. By virtue of continuing to access and use the Website and/or Remittance Tracking Facility, you are agreeing to the Terms and Conditions in effect at such time. The Terms and Conditions may be updated from time to time by posting the updated Terms and Conditions on this Website and it is recommended that you visit this page on every occasion that you access or use the Website or Remittance Tracking Facility so that you are aware of the Terms and Conditions that govern your use thereof. If any of the Terms and Conditions is not acceptable to you or you disagree with any material on the Website, unless otherwise stated herein, your sole and exclusive remedy is to discontinue using the Website and Remittance Tracking Facility. |
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OVERVIEW OF REMITTANCE TRACKING FACILITY
2.1 The remittance tracking facilities made available by ICICI Bank on the Website and further described below and elsewhere on the Website, among other things, provide a Registered User with a technology platform to record remittance requests, track the status of orders and manage electronic communication relating to a remittance that is transmitted and disbursed by ICICI Bank to an account of ICICI Bank, Colombo branch or an account of a bank in Sri Lanka with whom ICICI Bank has an arrangement (“Partner Bank”) or to any other bank account in Sri Lanka as instructed by the Registered User using regular international banking channels that involve correspondent banking and exchange house relationships that ICICI Bank enjoys with financial institutions in the Registered User’s local jurisdiction (the “Remittance Tracking Facility”). No banking relationship is either intended or created, hereby or thereby, between the Registered User and/or the recipient of the remittance of the one part and ICICI Bank or ICICI Bank Colombo branch or its affiliates of the other part. In order to avail of the Facilities described above, it is mandatory that the Registered User is a customer of, or enter into an independent transaction with, a local financial institution having a correspondent banking or exchange house relationship with ICICI Bank. |
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3.1 ICICI Bank may set its own fees and charges for Facilities and may revise the same at any time and the availability of Facilities displayed or offered on or through the Website are subject to change without prior notice. Nothing contained on the Website constitutes an offer, promise or commitment to grant or provide any Facility. While ICICI Bank endeavors to post accurate and updated information on the Website, the Registered User must verify the same before taking any action or entering into any transaction.
3.2 When a Registered User makes a request to use the Remittance Tracking Facility), depending on the payment mechanism he or she chooses, such Registered User will likely be concurrently authorising a third party financial institution to debit the remittance amount from an account held by the Registered User with it and/or be requesting the financial institution to process the payment request in some other form. ICICI Bank does not control and is not responsible in any manner for fees or charges, if any, that may be imposed by any such financial institution(s) or any other third parties.
3.3 Registered Users acknowledge and understand that ICICI Bank may make monetary gains when funds in foreign currency remitted by a Registered User is converted by ICICI Bank. The foreign exchange conversion rate shown for the calculation on the Website is only indicative to help the Registered User to arrive at an approximate Sri Lankan Rupee amount that the beneficiary recipient may receive and It in no way guarantees or represents the foreign exchange conversion rate that will actually be applied to the foreign exchange sent by the Registered User. ICICI Bank shall carry out the conversion of foreign currency to Sri Lankan Rupees, and will apply the foreign exchange conversion rates prevailing on the day of conversion, or other rates as per its discretion.
3.4 Neither the Registered User nor the recipient will be entitled to any interest for the period during which the funds to be remitted are with ICICI Bank, are in the course of remittance, or for any other period. Registered Users acknowledge and understand that, in providing the Facilities, ICICI Bank may earn interest on funds remitted between the time that the foreign currency is remitted and the time that it is disbursed to an account at ICICI Bank Colombo branch or at its Partner Bank or to any other account in Sri Lanka
3.5 Any loss caused to ICICI Bank, on exchange rates for returning and/or reversal of the funds from Sri Lanka to the local jurisdiction of the Registered User, either upon the request of the Registered User or due to any other reason attributable to the Registered User shall be borne by the Registered User.
In the event there are any adverse upward movement in the exchange rates, Registered User shall bear any loss arising out of such change in exchange rate . |
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ELIGIBLE USERS
4.1 In order to access and use the Website and avail of the Remittance Tracking Facility the Registered User must be an individual of at least 18 years of age having the capacity to enter into legally binding contracts under the law applicable to the Registered User, or a corporation, trust, association of persons or firm that can enter into legally binding contracts in general, and contracts contemplated herein in specific, under applicable law and documents of their incorporation/constitution through their authorized officials. |
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5.1 Only limited access to the Website is available to non-Registered Users. Non-Registered Users are not permitted to avail of the Facilities. In order to obtain increased access to the Website and in order to avail of the Facilities every person who is desirious of availing the Facility is required to register on the Website as a Registered User. Subject to the Terms and Conditions, upon registration as a Registered User the Website will register the relevant Registered User ID and Registered User Password. The Registered User hereby agrees that he shall not get registered more than once in the Website for availing the Facilities.
5.2 The Registered User agrees to provide true, accurate, current and complete information, as prompted by the registration form on the Website, and to update this information to keep it true, accurate, current and complete at all times. If, in the judgement of or to the knowledge of ICICI Bank, any information provided by the Registered User is untrue, inaccurate, not current or incomplete, ICICI Bank retains the right to terminate the Registered User's registration and refuse the Registered User access to or use of the Website or any Facilities, including the cancellation of pending transactions. ICICI Bank reserves the right to request the Registered User, at any time and from time to time, for additional information (including credit card details and other payment information) and/or proof of authenticity of any information; the Registered User’s continued access to the Website and the Facilities, including the completion of any ongoing transaction, may be subject to the receipt by ICICI Bank of such additional information or proof. 5.3 The Registered User will be solely and absolutely responsible for maintaining the secrecy and confidentiality of all Registered User IDs and Registered User Passwords (which term includes T-PINs) and be fully responsible and liable for all transactions and activities that occur under the Registered User's ID and password including any unauthorised use or misuse of the ID and/or password and ICICI Bank shall have no obligation to verify the authenticity of any such transaction or activity. In consideration of ICICI Bank agreeing to provide the Facilities as per the Terms and Conditions, the Registered User hereby agrees unconditionally to indemnify ICICI Bank and hold ICICI Bank harmless against any liability, costs, damages, claims, suits, and proceedings based upon or relating to such unauthorized access and use. Without prejudice to the aforesaid, the Registered User agrees to log out from his or her account at the end of each session and to immediately notify ICICI Bank via Email Us, or through the Call Centre, or registered post of any suspected loss, theft, unauthorised usage of the Registered User ID or password, any other breach of security, or any receipt by the Registered User of confirmation of a transaction, fund or other activity which the Registered User did not authorise; or any inaccurate information in the Registered User's account balances or transaction history.
5.4 If the Registered User forgets his/her password, ICICI Bank may, subject to verification and ICICI Bank’s satisfaction as to the Registered User’s identity, either send the Registered User the prevailing Registered User Password or generate a new temporary password for the Registered User which shall be communicated to the Registered User at the e-mail address provided by the Registered User at registration. In the latter event, the Registered User must change the temporary password as soon as it is received, and until such time this password shall be deemed to be the Registered User's password and the Registered User will be responsible and liable for all transactions pursuant thereto.
5.5 To the extent permissible by applicable law, ICICI Bank shall have the right (but not the obligation) to require the Registered User to communicate instructions and authorise and execute transactions and other activities by means of secure electronic records and secure digital signatures in addition to, or in place of, the use of password(s). |
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6.1 A Registered User shall not:
- use or access the Website or any Facility to do, facilitate or support any act that violates the Terms and Conditions or any rules and regulations of any jurisdiction, including but not limited to rules and regulations relating to money laundering, illegal gambling activities, fraud, or funding of terrorist organizations.
- restrict or inhibit any other person from accessing, using and enjoying the Website or the Facilities;
- modify, copy distribute, transmit, display, perform, publish, licence, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, Facilities, products or services obtained on or through the Website, except as permitted by the copyright owner or other right holder thereof;
- post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, without limitation, any information or statement constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other law;
- post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by ICICI Bank) or engage in spamming or flooding;
- post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
- post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material
- upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained on or through the Website which is protected by copyright or other proprietary right, or derivative works with respect thereto, except as permitted by the copyright owner or other right holder thereof;
- upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, except as permitted by ICICI Bank or the copyright owner or other right holder thereof, the Website being copyrighted under the relevant laws
- attempt to decompile or reverse engineer any of the software available on the Website;
- make any attempt to hack into the Website or otherwise attempt to subvert any firewall or other security measure of the Website and if the Visitor becomes aware of any shortcoming in the security on the Website the Visitor shall forthwith inform ICICI Bank of the same in writing;
- reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Facilities, or access to the Website or the Facilities, other than as provided within the scope of the Service;
- disclose to any other person, in any manner whatsoever, any information of a confidential nature relating to ICICI Bank or its affiliates/group companies/Partner Bank,obtained in the course of using or accessing the Website or availing of any Facility.
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LIMITATIONS OF OFFERINGS
7.1 ICICI Bank shall not be under any duty to assess the prudence or otherwise of any instruction or transaction given or entered into by the Registered User. Nothing provided on the Website should be construed as advice of any nature and the Registered Users are advised to consult professionals in this regard prior to taking any decision.
7.2 ICICI Bank shall have the right to verify any information provided by the Registered User and the Registered User hereby authorizes ICICI Bank to verify any such information7.3 ICICI Bank shall not be responsible for any error or omission made by the Registered User in keying in or otherwise providing the information required to avail of a Facility or any consequences of such error or omission.
7.4 ICICI Bank shall endeavour to carry out the requests received under the Facilities. However, ICICI Bank shall be entitled, in its sole and absolute discretion, to refuse to comply with all or any of a Registered User’s instructions or requests without assigning any reason.
7.5 The Registered User cannot amend, cancel or revoke any request made of ICICI Bank under a Facility, save and except as specifically detailed on the Website. Additionally, when the Registered User places a request to amend, cancel or revoke a transaction request that has already been authorised by the Registered User, such request will only be acted upon if it is received before the requested transaction or activity is executed.
7.6 Any scheme for awarding or securing reward points or other rewards or prizes (by whatever name called) is available only to Persons who are eligible for the same under the rules of the concerned scheme and the applicable laws of India, Sri Lanka and other concerned jurisdictions. The Registered User is therefore required to verify the eligibility of the Registered User before participating in any such scheme. ICICI Bank is not responsible or liable for the performance, quality or any other aspect of any rewards, prizes or items manufactured or supplied by third parties against any redemption of the points or otherwise pursuant to such scheme, and the Registered User's recourse for the same will be only against the persons who have manufactured or supplied the same. ICICI Bank shall be entitled to have more than one promotional offer in existence and applicable at any given time. However a Registered User shall be entitled to avail of only one offer per transaction and in case of multiple transactions under a given offer, he shall be eligible only for the first eligible transaction. It shall be entirely at the discretion of ICICI Bank to consider any exceptions to the above.
7.7 The Registered User understands that the Website and the Facilities may not be available in whole or in part in different countries, states, territories and jurisdictions and ICICI Bank may in its sole discretion restrict the availability of the Facility to any country state, territory or jurisdiction.
7.8 ICICI Bank has no control over, and are not responsible for, the quality, safety, legality, or delivery of any goods or services that the Registered User may pay for using the Website and/or the Facilities. Such use will be at the Registered User’s own risk.
7.9 In order to avail of specific Facilities, the Registered User may have to agree to other terms and conditions in addition to the Terms and Conditions and may also have to execute agreements, powers of attorney and other writings and abide by the procedures as may be specified by ICICI Bank.
7.10 Registered users to accept T&Cs both at the time of registration as well as at the time of initiation of funds |
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DISCLAIMERS
8.1 The Website, all information on or available through the Website and the Facilities provided by ICICI Bank and are made available to the Registered Users “as is” and without any representation or warranty of any kind, either express or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose, completeness, title, compatibility, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, each to the extent permissible by applicable law.
8.2 Although ICICI Bank adopts security measures that it considers appropriate for the Website, it does not represent or warrant that the Website is immune from hacking, denial of service attacks, unauthorised access or other illegal subversion of these security measures that might impair the working of the Website, the availability of the Facilities or the integrity and confidentiality of Registered User’s personal and login information or accounts and ICICI Bank disclaims liability arising from any such acts or occurrences. Furthermore, while ICICI Bank takes reasonable precautions to avoid such eventualities, the Registered User understands that communications through Internet are not always secure and agrees that ICICI Bank shall not be responsible for any unauthorised or illegal interception of e-mail or other communication to or from ICICI Bank.
8.3 Information and Facilities on the Website may be displayed and offered in a phased manner at the discretion of ICICI Bank. ICICI Bank shall have the right to from time to time and in its discretion, introduce new information and Facilities and add to, modify, suspend or withdraw any information or Facility or the terms thereof in whole or in part without any prior notice. While ICICI Bank makes every endeavour to ensure that the Facilities are offered to a Registered User without interruption or delay, continued provision of the Facilities may be impractical or impossible due to the failure of operational systems for reasons including but not limited to virus attacks, natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or network failure, system maintenance, software or hardware error, labour problems, strikes or any other reason beyond the control of ICICI Bank, and ICICI Bank makes or provides no guarantee that any instructions or transactions will definitely be communicated, processed or performed (whether or not before a particular time) using the Website or the Facilities.
8.4 ICICI Bank has not verified and shall not be liable or responsible for any content or other information on the Website or on web-sites linked to or with the Website.
8.5 ICICI Bank operates and offers the Website and the Facilities strictly on a no-liability and no-obligation basis as regards ICICI Bank, and ICICI Bank shall not be liable to the Registered User or any other third party for any claim for direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business) whether arising under contract, tort or any other theory arising out of or in connection with the Website, the inability to access the Website or any Facilities, products or services mentioned or advertised on or accessed or availed on or through the Website.
8.6 To the extent any of the disclaimers or limitations of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of ICICI Bank to the Registered User shall not exceed the amount of fees paid/payable by the Registered User to ICICI Bank for the Facilities availed by the Registered User through the Website. |
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FACILITIES PROVIDED BY THIRD PARTIES
9.1 Several of the Facilities mentioned or offered on or through the Website are provided by third party service providers and ICICI Bank makes no warranty on behalf of such third parties. ICICI Bank shall not be liable for any loss or damage of any sort incurred as a result of any transactions or dealings between the Registered Users and such third party service providers. The Registered User may be charged for such transactions/dealings by such third party service provider. Such third party service providers may have their own agreements, terms and conditions which will govern such Facilities provided by them, which may be specific to each such service provider and vary from Facility to Facility. ICICI Bank recommends that the Registered User obtain the full text of such terms and warranties from such service providers before availing of any such Facility. All of the Registered User's rights and remedies and all maintenance, update, warranty, liability or any other obligations related to any such Facilities shall be governed by the applicable terms, policies and procedures of the concerned service provider and ICICI Bank shall not be liable or responsible for the same in any manner. The Registered User shall have no claim, rights or remedies whatsoever against ICICI Bank in respect of any such Facility availed or sought to be availed by the Registered User from any such service provider. The Registered User agrees not to hold ICICI Bank liable for any loss or damage of any sort incurred as a result of any such dealings with any service provider. |
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TERMS OF SPECIFIC FACILITIES
The following (among other) Facilities are proposed to be offered on the Website. However, all the Facilities or all the various components and features of a Facility may not be offered at all times. ICICI Bank may discontinue, modify, change, alter any of the features of the Facility at its sole discretion
10.1 Alerts
ICICI Bank shall endeavour to ensure that Alerts are communicated to the Registered User in accordance with the Registered User's instructions. However, neither ICICI Bank nor the Service Providers would be responsible or liable for non-dispatch or delay in dispatch of the Alerts by ICICI Bank Service Providers or any delay in receipt or non-receipt of the Alerts for any reason whatsoever. Under no circumstances shall ICICI Bank and/or the Service Providers be liable for any costs, damages or other amount whatsoever for such non-dispatch or delay in dispatch or any non-receipt or delay in receipt of the Alerts. Non- receipt of Alerts will not discharge or reduce the Registered User's liability to pay any amount to ICICI Bank which would have been payable in the event of proper receipt of the Alerts.
10.2 Remittance Tracking Facility
10.2.1 Subject to the relevant regulatory approvals, terms and conditions imposed while granting the necessary approvals and other terms of the Remittance Tracking Facility, such Facility enables the Registered User to avail of a technology platform for a Facility that enables remitting funds from outside Sri Lanka into Sri Lanka( “Remittance Facility”). The Remittance Facility is offered by ICICI Bank by use of ICICI Bank's web technology platform. ICICI Bank shall, under the Remittance Facility, convert the funds received through the correspondent bank into Sri Lankan Rupees and remit it to the beneficiary in Sri Lanka as instructed by the Registered User..
10.2.2 The Registered User should pay the foreign currency as per the instructions stated on the Website by cheque or draft or such other acceptable mode described on the Website. The funds will be remitted into Sri Lanka only after it has received a confirmation that such foreign currency has been received in its account. Thereafter, after deducting the appropriate charges/fees as may be applicable at the time of remittance, the money will be remitted to the bank account in Sri Lanka designated by the Registered User
10.2.3 In case of non availability of funds from the account from which the Registered User has requested the remittance of money, ICICI Bank shall be entitled to cancel the requested remittance transaction and the Registered User shall bear full liability and responsibility for the same. The Registered User shall reimburse any direct or indirect expense ICICI Bank has incurred while providing the Remittance Facility. The Registered User also agrees to pay for all costs associated with the recovery of amounts owed to ICICI Bank, including reasonable attorney's fees and court fees. The Registered User agrees to pay to ICICI Bank such amount immediately upon ICICI Bank's demand along with interest @ 2% per month from the date of the remittance by ICICI Bank till the receipt of funds by ICICI Bank from the Registered User. [ICICI Bank shall also be entitled to inform any credit bureau or any other person or entity in Sri Lanka or in any other jurisdiction, if the Registered User fails to pay/reimburse such amount or any part thereof to ICICI Bank]
10.2.4 While it shall be ICICI Bank's endeavour to adhere to the time schedule indicated by it on the Website, ICICI Bank hereby disclaims liability or responsibility for any changes in the time schedule for execution of the Registered User's instructions or remittance or credit of funds for any reason.
10.2.5 In the event the funds are for any reason required to be redirected to another account / location, or any other additional service is required, ICICI Bank shall levy additional charges and remit the amount after deducting such additional charges.
10.2.6 ICICI Bank shall in no way be held responsible and/or be liable for any queries, errors, disputes or delays in messaging, money transmission, currency conversion, conversion rates offered, payment to the beneficiaries of the remittances or any other query, claim or dispute. ICICI Bank will, however, use reasonable efforts to assist the Registered User in contacting ICICI Bank or any third party to facilitate resolution of such queries, claims and disputes.
10.2.7 The Registered User hereby authorizes ICICI Bank to check or to use a third party agency to check the Registered User's credit history/identity details at the time of and/or prior or subsequent to enrollment and to obtain follow-up credit reports relating to the Registered User.
10.2.8 The Registered User hereby agrees that, where ICICI Bank so deems advisable or necessary as per its due diligence criteria, ICICI Bank may hold the money (to be remitted to Sri Lanka) for longer than the usual time for remittance, and may delay the remittance.
10.2.9 The Registered User hereby agrees that ICICI Bank has no control over when the beneficiary's financial institution (through whom the beneficiary chooses to receive the remittance) makes such funds available for the beneficiary's use and ICICI Bank shall not be responsible for any delay or default on the part of such financial institution.
10.2.10 The Registered User hereby agrees that the purpose of the remittances supported by the Remittance Facility will be strictly for personal use such as family maintenance or remittances from foreign tourists visiting Sri Lanka. Trade or business related remittances or remittance for purchase of property or investment including in shares or other securities, and other remittances not permissible under the applicable regulations prevailing from time to time are not covered under, and should not be effected through, the Remittance Facility.
10.2.11 The Registered User shall provide to ICICI Bank all the information as may be required, in absence of which ICICI Bank shall not be liable to permit the Registered User to avail of the Remittance Facility.
10.2.12 The Registered User hereby undertakes that by sending funds to Sri Lanka , he/she is not violating any applicable laws or regulations of Sri Lanka including exchange control laws or anti-money laundering laws and regulations thereunder and/or issued by the Central Bank of Sri Lanka . The Registered User agrees to keep ICICI Bank and its Partner bank indemnified for any such violation.
10.2.13 ICICI Bank shall assume no responsibility for the performance of any other entity involved in the process; and for any loss or damage incurred or suffered by the Registered User for any error, defect, failure or interruption of the Facility or consequences arising out of delayed payments.
10.2.14 e-Transfer and affiliated products: In the event that ICICI Bank receives a reversal/ return request from the Registered User's bank overseas for a transaction processed and credited to the Beneficiary account in Sri Lanka on the grounds, including but not limited to, unauthorized or fraudulent instructions, such refund shall be made by ICICI Bank immediately upon receipt of reversal/ return instructions, by debiting the Beneficiary account in Sri Lanka at the prevailing buying rate for the currency in question including all costs, charges, expenses and interest (where applicable). In case we are unable to recover the funds from the Beneficiary, the Registered User is liable to refund back the amount in foreign currency to ICICI Bank including costs, charges, expenses and interest (where applicable). |
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PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
11.1 ICICI Bank is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website including but not limited to any text, links, images, logos, illustrations, audio clips, video clips, screens and product and Registered Users or any Visitor shall not download and/or save a copy of the Website or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means - electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of ICICI Bank (except as otherwise provided on the Website or in the Terms and Conditions for any purpose) or use or modify it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits ICICI Bank or any service providers. However, Visitors may print a copy of the information on this Website for the personal use or records. ICICI Bank, the Alliance Partners and/or the Service Providers do not grant any license to or other authorization, and none should be implied or presumed, for use of their respective trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Website.
11.2 This Website is for the Visitor’s personal use. If the Visitor makes any other use of this Website, except as otherwise provided above, the Visitor may violate copyright, trademark and other laws of India, Sri Lanka and other countries, and may be subject to penalties. |
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USE OF INFORMATION
12.1 By agreeing to the Terms and Conditions, the Registered User and the Visitor consents to ICICI Bank’s Privacy Policy, a copy of which may be found elsewhere on the Website
12.2 Each Visitor and the Registered User irrevocably and unconditionally authorises ICICI Bank to access all information relating to his or her access and use of the Website and Facilities, including personally identifiable information, and/or the transactions entered into by the Visitor/Registered User through the Website. Subject to the ICICI Bank Privacy Policy, all information submitted on or via the Website shall be deemed to be and remain the property of ICICI Bank and Service Providers; and ICICI Bank and Service Providers shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in or derived from any information the Visitor/registered User may provide to or through the Website. ICICI Bank and Service Providers shall not be subject to any obligations of confidentiality regarding submitted information except as otherwise expressly agreed by it directly with the Visitor.
ICICI Bank shall be deemed to acquire from the Visitor a non-exclusive, world-wide, perpetual, irrevocable, royalty free licence to use, adapt, reproduce, modify, publish, translate, create derivative works from, distribute, perform or display any ideas, concepts, know-how or techniques contained in or derived from any information provided by the Visitor to or through the Website. |
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NO AGENCY OR BANKING RELATIONSHIP
13.1 The Terms and Conditions and the use by the Registered User or access to the Website or any Facilities are not intended to create an agency, partnership, joint-venture, employer-employee or banker-customer relationship between the Registered User or the Beneficiary of the one part and ICICI Bank or Service Provider of the other part, except where otherwise specifically agreed or appointed. Specifically, the u se of Remittance Facility does not establish a checking account or any other form of a bank account for the Registered User or the Beneficiary with ICICI Bank and neither does it constitute or create a fiduciary or escrow capacity between the Visitor or the beneficiary and ICICI Bank. Funds held while processing a remittance payment request are not insured by any government authority. None of the Facilities offered hereby is a funds transfer or transmission service , and a Registered User’s request or instruction while using a Facility is not a payment order or other request for a funds transfer. |
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INDEMNITY
14.1 Each Visitor and/or Registered User agrees to defend, indemnify and hold ICICI Bank, and Service Providers and each of their respective affiliates, directors, officers and employees, harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys' fees, arising in any way from the Visitor’s or Registered User's use of the Website, whether in Sri Lanka, India or any other jurisdiction, the inaccuracy or incompleteness of registration information, or the placement or transmission of any message, information, software or other materials through the Website by the Visitor, the Registered User or users of the Registered User's ID and password or related to any violation of the Terms and Conditions by the Visitor or Registered User or users of the Registered User's ID and password, and any claims dispute or differences between the Visitor or Registered User and any supplier of services that are part of the Facilities. |
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SUSPENSION OR TERMINATION OF ACCESS
15.1 The Registered User acknowledges and agrees that ICICI Bank may, without notice, suspend or terminate the Registered User's ID, Password or account or deny the Registered User access to all or part of the Website or any Facilities if the Registered User engages in any conduct or activity that ICICI Bank, in its sole discretion, believes violates any of the Terms and Conditions, violates the rights of ICICI Bank, or is otherwise inappropriate for continued access, or if ICICI Bank learns of the Registered User's death, bankruptcy or lack of legal capacity or of circumstances that impact the Registered User's creditworthiness or for any other reason which ICICI Bank thinks fit and proper.
15.2 The Registered User may request ICICI Bank to disable the Registered User’s ID, password or account by giving a written notice of at least 15 days to ICICI Bank. The termination shall take effect on the completion of the fifteenth day from the date of receipt of the notice by ICICI Bank
15.3 Until suspension or termination of the Registered User’s ID takes effect, as above, the Registered User will remain responsible for any transactions entered into using the Registered User’s ID and all obligations incurred thereby or otherwise by the Registered User.
15.4 All termination notices delivered by the Registered User via e-mail or otherwise should be marked "Termination" in the subject line. |
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16. |
GOVERNING LAW AND JURISDICTION
16.1 The Website, the Facilities, the Terms and Conditions, all transactions entered into on or through the Website or through the availment of any Facility and the relationship between the Visitor and ICICI Bank shall be governed by and construed in accordance with the laws of Sri Lanka and no other nation, without regard to the laws relating to conflicts of law.
16.2 The Registered User and ICICI Bank agree that all claims, differences and disputes (collectively, “Disputes”) arising under or in connection with or pursuant to the Website, the availment of any Facility, the Terms and Conditions, any transactions entered into on or through the Website or through the availment of any Facility or the relationship between the Registered User and ICICI Bank shall be subject to the exclusive jurisdiction of the competent courts located in Sri Lanka and the Registered User hereby accedes to and accepts the jurisdiction of such courts. Notwithstanding the aforementioned, if ICICI Bank thinks fit, ICICI Bank may institute proceedings against a Registered User in any other court or tribunal having jurisdiction under applicable law. Disputes shall include not only claims made directly by the Visitor, but also made by anyone connected with the Visitor or claiming through a Visitor, such as a recipient of funds. Disputes include not only claims that relate directly to ICICI Bank, but also its successors, assignees, employees, and agents, and claims for which ICICI Bank may be directly or indirectly liable, even if it is not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground. Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the resolution of such claims must proceed on an individual (non-class, non-representative) basis.
16.3 ICICI Bank hereby disclaims all liability, direct or indirect, for non-compliance with the laws of any jurisdiction other than Sri Lanka . The fact that it is technologically possible to access or use the Website and avail of any Facility in any jurisdiction other India should not in itself suggest that it is legal to do so. It shall be the sole responsibility of the Visitor to verify whether the Website and the Facilities can be legally and legitimately accessed, utilized and availed in the relevant jurisdiction and the Visitor understands that by accessing, using and availing of the Website and the Facilities, he or she may be violating the local laws in Sri Lanka and/or such jurisdiction. Further, ICICI Bank hereby explicitly disclaims any responsibility, direct or indirect, for non-compliance by a Visitor of the laws of any jurisdiction whatsoever. |
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17. |
NO WAIVER
17.1 The failure or delay of ICICI Bank to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. No waiver on the part of ICICI Bank shall be valid unless it is in writing signed by or on behalf of ICICI Bank. A waiver of any right or provision by ICICI Bank on a particular occasion shall not prevent ICICI Bank from enforcing such right or provision on a subsequent occasion. |
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18. |
SEVERABILITY
18.1 If any provision of the Terms and Conditions shall be held to be invalid or unenforceable by reason of any law or any rule, order, judgement, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and the Visitor, Registered User, ICICI Bank, the court, tribunal or regulatory or self-regulatory agency or bodyshould endeavour to give effect to the parties' intentions as reflected in the provision to the extent possible. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms and Conditions shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein. |
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19. |
LIMITATION
Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the Website or any Facility or the Terms and Conditions must be filed within three (3) months after such claim or cause of action arose failing which it shall be forever barred. |
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20. |
NOTICES
20.1 ICICI Bank may give notice to the Registered User by e-mail, letter, telephone or any other means as ICICI Bank may deem fit to the address last given by the Registered User. Notices under the Terms and Conditions may be given to ICICI Bank by the Registered User in writing by delivering them by hand or by sending them by post to ICICI Bank's address mentioned on the Website. ICICI Bank may, but shall not be bound to, act upon notices and instructions given by the Registered User to ICICI Bank by e-mail, letter, telephone or any other means as ICICI Bank may deem fit.
20.2 In addition, ICICI Bank may (but shall not be bound to) also publish notices of general nature, which are applicable to all Visitors and/or Registered Users in a newspaper circulating in Sri Lanka and/or on its Website. Such notices will have the same effect as a notice served individually to each Visitor and/or Registered User.
20.3 Documents which may be sent by electronic communication between the parties may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Website. ICICI Bank shall be deemed to have duly communicated and delivered any communication or document to the Registered User if such communication or document is sent via e-mail to the e-mail address provided by the Registered User to ICICI Bank. ICICI Bank shall also be entitled to act on the basis of any instructions received or purported to be received by ICICI Bank from the Registered User by e-mail or other electronic means or via the Internet. ICICI Bank shall also be entitled (but not bound) to act upon fax instructions and communications. |
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21. |
21.1 ICICI Bank may sub-contract or employ agents to carry out any functions or services relating to the Website, any Facility or any of its obligations under the Terms and Conditions
21.2 In order to access the Website and avail of the Facilities, the Visitor will, at his own cost, have to: (a) obtain access to the World Wide Web and pay any service fees, telephone charges and online service usage associated therewith, and (b) obtain access to all equipment necessary for him to connect to the World Wide Web, including a computer and modem.
21.3 The content presented on or through the Website may vary depending upon the Visitor’s browser limitations and ICICI Bank disclaims any responsibility for the unavailability of any Facility or any error in processing of a transaction through the Website caused by the Visitor’s browser limitations.
21.4 All communications under these Terms and Conditions shall be conducted in the English language. |
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22. |
TERMS APPLICABLE TO THE UNITED KINGDOM
22.1 These italicised terms and conditions are applicable only to Registered Users availing the Facility from United Kingdom ("UK Terms") and they are in addition to the other Terms and Conditions. Wherever there is a conflict between the UK Terms, the Terms and Conditions, the terms contained in UK Terms shall prevail.
22.2 The Registered User may request for termination of the Facility within fourteen days from the time of registration on the Website by providing a notice to ICICI Bank in accordance with Clause 23.3 below. Provided however ICICI Bank shall not be liable to reimburse any funds that has been remitted to the recipient or where ICICI Bank has acted upon the instruction given by the Registered User to remit the funds prior to receiving any notice of termination. After the expiry of fourteen days from the time of registration, the Registered User may request for termination of the Facility in accordance with Clause 15.2 of the Terms and Conditions.
22.3 ICICI Bank may give notice to the Registered User by e-mail, letter, telephone or any other means as ICICI Bank may deem fit to the address last given by the Registered User. Notices under the Terms and Conditions may be given to ICICI Bank by the Registered User in writing by delivering them by hand or by sending them by post to ICICI Bank's address mentioned on the Website or Email Us. All termination notices should be marked "Termination" in the subject line |
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23. |
DEFINITIONS AND INTERPRETATIONS
23.1 In these Terms and Conditions, unless the context otherwise requires, the following words and phrases shall have the meanings assigned to them hereunder -
"Alerts” means notices relating to various matters issued or to be issued by ICICI Bank to the Visitor from time to time e.g. notices of market information, reminders for bill payments, etc.
"Alliance Partner"
means any Person, other than ICICI Bank, who displays content or offers any Facility on the Website.
"Beneficiary"
means a Person whose details have been provided by the Registered User to ICICI Bank for the transfer of funds.
"Beneficiary Bank"
means the bank in Sri Lanka, with whom the Beneficiary holds an Account.
"Call Centre"
means the call center which may be set up by ICICI Bank, its Partner Bank or a Service Provider to assist Visitors in connection with the Website including the Facilities displayed or offered thereon and any transactions entered into or proposed to be entered into by the Visitors in respect of such Facilities
"Facility"
means any present and future product, service or facility displayed or offered on or through or associated with the Website (whether by ICICI Bank and includes loans, hire-purchase facilities, lease facilities, services and facilities for acquiring, selling and dealing in shares, units and other securities, bill payment facilities, application forms and other documents downloading facilities, insurance policies, credit cards, remittance facilities including Remittance Tracking Facilities, Alerts, Portfolio Tracking facilities, Customised News and taxation advisory and assistance services.
"Person"
includes an individual, a company, a body corporate, an association of persons (whether incorporated or not), a trust, a partnership firm, a society and the government.
"Registered User"
means any Visitor who has registered himself, herself or itself with the Website in the appropriate manner.
"Registered User Account"
means one or more accounts relating to the Registered User's position in respect of one or more Facilities.
"Registered User ID"
means the user name that is chosen by the Registered User and registered by the Website which, along with the Registered User Password, will enable the Registered User to -
(i) avail of Facilities and enter into transactions in respect of the Facilities,
(ii) access one or more Registered User Accounts, download application forms for Facilities and register a change in address; and
(iii) do such other acts as the Website may permit.
"Registered User Password"
means the password that is chosen by the Registered User and registered by the Website for access to the Website which, along with the Registered User ID, will enable the Registered User to -
(i) avail of Facilities and enter into transactions in respect of the Facilities offered on the Website,
(ii) access one or more Registered User Accounts, download application forms for Facilities change in nominee details, payments, payment of dues, bill payments, trading and make online applications register a change in address; and
(iii) do such other acts as the Website may permit.
"Service Provider"
means a Person who provides a service to ICICI Bank in order to enable ICICI Bank to operate and/or maintain the Website, provide any feature on the Website or provide any Facility which is provided by ICICI Bank.
"T-PIN"
is an abbreviation for Personal Identification Number, and means a password which may be allotted by ICICI Bank to a Registered User to enable him to perform such activities as ICICI Bank may permit over the telephone through the Call Centre or otherwise.
"Visitor"
means any person who accesses or visits the Website, whether or not such person has registered himself, herself or itself as a Registered User.
"Website"
means the Website presently maintained by ICICI Bank at www.money2srilanka.com, and includes the pages of the Website and any applets, software and content contained in and on the Website
2.2 In these Terms and Conditions, unless the context otherwise requires:
(a) words of any gender are deemed to include each other gender;
(b) words using the singular or plural also include the plural or singular, respectively;
(c) the terms "hereof", "herein", "hereby", "hereto" and derivative or similar words refer to this entire Website;
(d) the term "Article" refers to the specified clause of these Terms and Conditions;
(e) headings and bold typeface are only for convenience and shall be ignored for the purposes of interpretation;
(f) reference to any legislation or law or to any provision thereof shall include references to any such law as it may, after the date hereof, from time to time, be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision;
(g) any term or expression used but not defined herein shall have the same meaning attributable to it under applicable law;
(h) references to the word "include" or "including" shall be construed without limitation |
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