| These terms and conditions (“Terms”) apply to and regulate the provision of Facility provided by ICICI Bank. These terms are in addition to and not in derogation with the Other Bank’s applicable terms and conditions governing its products and services used by the Payer while availing the Facility (“Other Bank Terms”) as also ICICI Bank's terms and conditions governing Account/s, Infinity, Mobile Banking, ICICI Bank 24-Hour Customer Care Centre and/or any other product / facility provided by ICICI Bank and/or its Affiliates (“Primary Terms”). In case of any inconsistency between these Terms and/or Primary Terms and/or Other Bank Terms, these Terms shall prevail. |
| DEFINITIONS: |
| In these Terms, unless there is anything repugnant to the subject or context thereof, the expressions listed below shall have the following meanings viz.: |
| (i) |
"Account/s" shall mean any one or more accounts held and/or facilities provided by/to the Payer, by ICICI Bank and/or any of its Affiliate including but not limited to savings accounts, current accounts, debit card accounts or such other accounts and/or facilities as may be determined by ICICI Bank and/or its Affiliate from time to time and may be permitted to be used for the purpose of availing the Facility. |
| (ii) |
"Affiliate" of ICICI Bank shall mean and include:
(a) any company which is the holding company or subsidiary of ICICI Bank, or
(b) a person under the control of or under common control with ICICI Bank, or
(c) any person, in which ICICI Bank has a direct or beneficial interest or control in more than 26% of the voting securities of which it has a direct or beneficial interest or control.
For the purpose hereof, the expression "control" shall mean, with respect to any person, any circumstance in which such person is controlled by another person by virtue of the latter person controlling the composition of the board of directors or owning the largest or controlling percentage of the voting securities of such person or otherwise.
|
| (iii) |
"Bill Amount" shall mean the amount payable by the Payer to the Merchant/s towards the Product/s availed from such Merchant/s. |
| (iv) |
"Facility" shall mean payment facility provided by ICICI Bank through its eazypay platform/ eazypay portal thereby enabling the Payer to make payment of amount payable to the Merchant against Product/s |
| (v) |
"ICICI Bank 24-Hour Customer Care Centre" refers to ICICI Bank Phone Banking Service provided by ICICI Bank to the Payer/s. |
| (vi) |
“Infinity'' refers 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. |
| (vii) |
"Other Bank" shall mean any bank in India other than ICICI Bank which has opened and/or issued account or other product or services that may be permitted to be used for availing the Facility by ICICI Bank from time to time. |
| (viii) |
"Payer" shall mean ICICI Bank and/or Other Bank customer who avails the Facility by making payment/s through eazypay portal of ICICI Bank, |
| (ix) |
"Product" shall mean goods, services, consultancy, training or any other product or service, tangible or intangible provided by Merchant/s to the Payer, |
| (x) |
"Merchant" shall mean such establishments/entities as may be selected by ICICI Bank in its sole discretion and have been on-boarded by ICICI Bank on its eazypay platform with respect to the Facility as per the Bank's process. |
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| APPLICABILITY OF TERMS AND CONDITIONS |
| These Terms alongwith the notes appearing on the eazypay portal, form the contract between the Payer and ICICI Bank for availing the Facility. By availing the Facility, the Payer acknowledges and accepts these Terms. |
| 1. |
The Payer undertakes to make payment/s through the Facility only after verifying his/her past or future liability towards the Merchant/s with respect to Product. |
| 2. |
The Payer agrees that Bill Amount shall be rounded up to the next integer by ICICI Bank and payments in paise are not allowed through the Facility. However, ICICI Bank reserves the right to collect the Bill Amount as per instructions received from Merchant/s including collection of Bill Amount in paise. |
| 3. |
The Bill Amount and/or bill details shall be available on eazypay portal for the purpose of making payment only up to the due date of such bill, or such other date as may be specified by the Merchant in this regard. |
| 4. |
The Payer understands that while ICICI Bank will take all reasonable steps to ensure the accuracy of the billing / fee details and/or other data / information provided by the Merchant/s to ICICI Bank with respect to the Facility, the Payer agrees not to hold ICICI Bank liable for any error and/or inaccuracy in such details/data/information and/or for any loss, damages arising out of or resulting from such error and/or inaccuracy. |
| 5. |
The Payer acknowledges that the settlement of the Bill Amount with the Merchant shall be as per the mode/channel of payment selected by the Payer as well as the time lines mutually agreed between the Merchant and ICICI Bank, under a separate arrangement, with respect to the settlement of funds received through the Facility. After receipt of the Bill Amount by ICICI Bank, the same shall be credited by ICICI Bank in the designated account of the Merchant in next settlement cycle as stated above. The Payer shall not hold ICICI Bank liable for any delay in settlement of the Bill Amount for any reasons beyond the control of ICICI Bank and/or for credit made as per time lines mutually agreed between the Merchant and ICICI Bank as stated above. |
| 6. |
The Payer agrees that it shall confirm from the Merchant/s the applicable time lines and/or due date for making payment of the Bill Amount and ICICI Bank shall not be responsible for communicating the same to the Payer. |
| 7. |
The Payer understands that transaction limit/s prescribed by any regulatory authority and/or ICICI Bank and/or Other Bank with respect to transactions carried out through various payment channel/s provided by ICICI Bank or Other Bank as the case may be, shall apply on transactions carried out by the Payer through the respective payment channel/s using the Facility. In the event, the limit prescribed by the Other Bank for the transactions carried out through any payment channel/mode, are over and above the limits prescribed by ICICI Bank for such transaction carried out in respect to the Facility, if any, then in such case the limits prescribed by ICICI Bank shall prevail. |
| 8. |
The Payer understands that the charges prescribed by ICICI Bank with respect to the transactions carried out through various payment channels provided by ICICI Bank shall also apply to the transactions carried out through such payment channels in respect to the Facility. The Payer hereby agrees to pay such charges as may be levied by ICICI Bank from time to time on the transactions carried out in respect to the Facility through payment channels provided by ICICI Bank. |
| 9. |
The Payer who is an Other Bank customer, understands that over and above transaction charges prescribed by ICICI Bank with respect to the Facility, charges, if any, levied by the Other Bank with respect to the transactions carried out through various payment channels/facilities provided by such Other Bank shall also be payable by the Payer to such Other Bank. The Payer hereby agrees to pay such charges as may be levied by the Other Bank as stated above and that in any manner whatsoever, ICICI Bank shall not be held liable for the same. The Payer further agrees that any complaints and/or disputes with respect to charges levied by the Other Bank shall be raised with such Other Bank and ICICI Bank shall not be held responsible for the same. |
| 10. |
ICICI Bank may at its sole discretion and at any time by giving notice on its website or any other mode as deemed fit by ICICI Bank in this regard, levy and/or revise transaction fee and/or other charges, if any, with respect to the Facility. The Payer accepts that availing the Facility post such levy and/or revision shall be considered acceptance of such fee and/or charges. |
| 11. |
The Payer agrees that ICICI Bank will accept the payment made by the Payer towards Bill Amount based on the instructions received from Merchant and that the Payer shall not hold ICICI Bank liable for any loss or damage arising from or resulting from partial or excess payment made by the Payer and/or partial payment accepted by the Merchant nor shall ICICI Bank be held liable if the payment made by the Payer is adjusted by Merchant at its sole discretion towards any other amount/s payable by the Payer to the Merchant, including disputed liabilities. All the issues/complaints with respect to partial, excess and/or such adjustments as stated above shall be referred by the Payer to the Merchant for resolution and ICICI Bank shall not be held liable for the same. |
| 12. |
The Payer agrees that in case of partial or excess payment made by the Payer to any Merchant against the Bill Amount, the Payer shall not hold ICICI Bank liable for any penalty or difference in the Bill Amount raised by the Merchant in next billing cycle. |
| 13. |
The Payer agrees that ICICI Bank shall only offer such payment channel/s to the Payer's of a Merchant as may be opted by such Merchant for collecting payment/s of Bill Amount and the payment channel/s shall not be as per the Payer's sole discretion. |
| 14. |
The Payer agrees that the transaction timings applicable for different payment channels that are permitted for making payment to the Merchant using the Facility, shall be dependent upon the specifications prescribed by any third party such as aggregator etc., / regulatory authority and ICICI Bank shall not be liable for not effecting the payment to the Merchant/s through the Facility if the such payment is initiated after the transaction timings specified by the such third party/ regulatory authority, as the case may be. |
| 15. |
The Payer agrees that ICICI Bank shall not be liable for any refund/s to the Payer towards excess/wrong/short payment made by the Payer or on behalf of the Payer to the Merchant. |
| 16. |
All disputes and/or complaints with respect to amount paid through the Facility and/or details thereof shall be settled directly with the Merchant and ICICI Bank shall not be held liable for the same and/or for any loss or damage arising out of or resulting from such payment. |
| 17. |
ICICI Bank shall not be in any manner whatsoever held responsible and/or accountable for the delivery or non-delivery and/or quality of the Product/s delivered by the Merchant against the payment made through the Facility. |
| 18. |
The Payer agrees that ICICI Bank's record/s with respect to instructions issued and /or transactions made with respect to the Facility shall be conclusive proof and binding for all purposes and can be used as evidence in any proceeding. |
| 19. |
ICICI Bank may, at its discretion, withdraw temporarily or terminate the Facility, or any services provided thereunder, either wholly or in part, at any time without giving prior notice to the Payer. 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. ICICI Bank may suspend or terminate Facility without prior notice if the Payer has breached these Terms or ICICI Bank learns of the death, bankruptcy or lack of legal capacity of the Payer. Transactions initiated from the portal before such date will be settled as per these Terms. |
| 20. |
The Payer agrees that ICICI Bank shall not be held liable in case of loss of any payment instrument and/or for any loss or damage arising out of or resulting from failure on part of ICICI Bank, its employee, and/or service providers in carrying out the transaction. |
| 21. |
The Payer agrees to not hold ICICI Bank liable for any incorrect and/or inadequate data/ information provided / rendered by the Merchant pertaining to the Product and/or Bill Amount and/or other details in relation to the Facility and any issues and complaints in this regard shall be resolved by the Merchant and ICICI Bank shall not be held responsible for the same. ICICI Bank shall not be held liable for any loss and/or damage arising out of or resulting from such incorrect, inadequate data or information by the Merchant. |
| 22. |
The Payer understands that for resolution of queries raised by the Payer with respect to the Facility, where there is a role/ dependency on the third party, ICICI Bank cannot commit on time lines for query resolutions. The Payer hereby agrees not to hold ICICI Bank liable for any delay and/or loss / damage arising out of or resulting from delay, in resolution of such queries/complaints by ICICI Bank. |
| 23. |
The Payer understands that the Facility provided by ICICI Bank shall be dependent on third party service providers engaged by ICICI Bank, and hereby agrees that ICICI Bank shall not be liable for quality of the service provided by such third parties or disturbance in services or delay/discontinuation of services in case of failure on the part of such service providers and/or any loss / damage arising therefrom. |
| 24. |
The Payer agrees that ICICI Bank shall not be liable for (i) any unauthorized transactions through the use of the Facility which can be attributed to be fraudulent or of negligent conduct by the Payer and/or any other party (ii) breach of secrecy/confidentiality of any information/data related to the Payer due to negligent conduct on part of the Payer and/or any reasons beyond the control of ICICI Bank. |
| 25. |
The Payer agrees that ICICI Bank shall not be liable for any loss and/or damages whatsoever either direct, indirect, incidental, consequential sustained by the Payer or any other party due to not availability of the Facility in the desired manner for reasons including but not limited to natural calamity, fire and other natural disasters, legal restraints ,faults in the telecommunication network or Internet or network failure, software or hardware error or any other reasons arising out of any act or omission on part of the Payer and/or for reasons beyond the control of the Bank. |
| 26. |
ICICI Bank shall endeavor to take all possible steps to maintain secrecy and confidentiality of Payer's information but shall not be liable for any loss and/or damage suffered by the Payer whatsoever caused on account of breach of secrecy/confidentiality due to reasons beyond the control of ICICI Bank. |
| 27. |
The Payer agrees that ICICI Bank will in no way be held responsible or liable for delay, failure and/or untimely delivery of SMS password/OTP and/or Email /SMS Alerts due to but not limited to network congestion, network failure, switch failure, systems failure or any others reasons beyond the reasonable control of ICICI Bank or its service provider(s). |
| 28. |
ICICI Bank reserves the right to change any of these Terms without giving any prior notice or intimation to the Payer in this regard. The Payer agrees to have read all the applicable terms and conditions before using the Facility and keep itself updated with any changes in the Terms. |
| 29. |
In consideration of ICICI Bank providing the Facility, the Payer, at its own expense, agrees to indemnify, defend and hold harmless, ICICI Bank, its directors and employees, representatives, agents and/or its affiliates, 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 due to or arising out of or related to:
(i) ICICI Bank acting on or omitting or refusing to act on any instructions given by the Payer or otherwise for use of the Facility or
(ii) failure to provide the Facility or any delay in providing the Facility due to any failure, issue, error or discrepancy in the network of ICICI Bank and/or my/our service provider and/or
(iii) the Payer permitting any third party to use the Facility.
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| 30. |
The Payer irrevocably and unconditionally authorises ICICI Bank to access all his account/s for effecting banking or other transactions through the Facility and to share the account information and/or other information/details provided by the Payer for effecting the transaction, with any third parties for the purpose of accepting/ executing such transactions requests of the Payer. |
| 31. |
These Terms and/or use of the Facility by the Payer shall be governed by the laws of India. The Payer hereby agrees that any dispute, legal action or proceedings arising out of or with respect to the Facility and/or the Terms shall be brought in the courts or tribunals at Mumbai in India. ICICI Bank may, however, in its absolute discretion, commence any legal action or proceedings with respect to or arising out of the Facility and/or the Terms in any other court, tribunal or other appropriate forum, and the Payer hereby consents to that jurisdiction. Any provision of the Terms which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction. |
| 32. |
The Payer can call ICICI Bank 24-Hour Customer Care Centre to find the status of any request placed by the Payer. Any complaints with respect to the Facility can be registered at ICICI Bank 24-Hour Customer Care Centre. |
