These terms (the "Terms") regulates the 3D Secure service (Verified by Visa ("VbV") for Visa cards and MasterCardģ SecureCodeô ("MCSC") for MasterCardģ cards) implemented for ICICI Bank credit and debit card/s. All capitalized terms used herein but not defined shall have the same meaning as prescribed under the Primary Terms and Condition or General Terms and Conditions.
In addition to the following, the words and phrases in these Terms and Conditions shall have the meanings as defined under the Primary Terms and Condition or General Terms and Conditions.
ĒCardĒ shall mean a Visa/MasterCard Credit/Debit Card issued by ICICI Bank to the Cardmember.
"Cardmember" means any person holding a valid Card issued by ICICI Bank and who desires to make payments to the Merchant using his/ her Card through the Internet.
"Merchant" means any person who owns or manages or operates the Merchant Establishment through a website and accepts online payment made by the Cardmember using the Card for the product and/or service purchased through the Merchantís website.
"3D Secure PIN" means the 6 digit numeric personal identification number created by the Cardmember in relation to the Credit/Debit Card and approved by ICICI Bank from time to time for the purpose of authenticating the Cardmember while making online payment using the Credit/Debit Card.
"Service" means the 3D secure process Verified by Visa / MasterCard ģ SecureCodeô introduced by ICICI Bank for the purpose of authenticating the Cardmember to make online payments through the use of Credit/Debit Card .
"User ID" means the Credit/Debit Card number provided to the Cardmember by ICICI Bank to enable Cardmember to make Credit/Debit Card payments through the Internet using the Credit/Debit Card.
"Website" means the website of ICICI Bank located at the URL https://www.3dsecure.icicibank.com/
1. Applicability of Terms:
These Terms form the contract between the Cardmember and ICICI Bank for the usage of Service. The Cardmember shall create the 3D Secure PIN in the manner prescribed by ICICI Bank at its sole discretion from time to time for use of the Service. These Terms are in addition to and not in derogation of the Terms and Conditions governing ICICI Bank Cards Facilities (hereinafter referred to as the "Primary Terms and Conditions"), Terms and Conditions for ICICI Bank Debit Cards, Terms and Conditions governing Internet Banking Services of ICICI Bank, Terms and condition governing ICICI Bank Phone Banking Services, Terms and Conditions governing ICICI Bankís Savings Account (hereinafter referred to as the "General Terms and Conditions"). Notwithstanding anything contained herein, all terms and conditions stipulated by ICICI Bank and/or its Affiliates pertaining to the Card and/or to any services/facilities offered by ICICI Bank and/or its Affiliates, shall continue to be applicable to the Cardmember, provided, however, in the event of a conflict in such other terms and conditions stipulated by ICICI Bank and/or its Affiliates and the Terms herein, the Terms shall have an overriding effect.
2. TERMS FOR CREATION OF 3D Secure PIN:
The Cardmember shall register for the Service by providing such personal and Credit/Debit Card details as shall be required by ICICI Bank from time to time for the purpose of creating the 3D Secure PIN. ICICI Bank shall validate the Credit/Debit Card and personal details provided by the Cardmember to enable the Cardmember to create the 3D Secure PIN. In the event any of the personal or Credit/Debit Card details of the Cardmember is not as per the details available with ICICI Bank, ICICI Bank shall at its sole discretion reject the creation of 3D Secure PIN by the Cardmember and the Cardmember shall be required to update his personal and Credit/Debit Card details with ICICI Bank in the manner prescribed by ICICI Bank. The Credit/Debit Card number shall be the User ID for the purposes of authentication of the Cardmember.
On successful creation of the 3D Secure PIN by the Cardmember, ICICI Bank shall communicate the same to the Cardmember in a manner as shall be decided by ICICI Bank at its sole discretion. If the Cardmember has more than one Credit/Debit Card linked to the same Card Account, the Cardmember shall be required to create 3D Secure PIN for each of the Credit/Debit Card issued to him by ICICI Bank.
3. TERMS FOR THE CARDMEBER REGISTERED FOR THE SERVICE THROUGH THE INFINITY PASSWORD:
In the event the Cardmember holding a Credit/Debit Card is already registered for the Service through the Infinity, he/she shall be required to re-register for the Service and create a 3D Secure PIN in the manner as shall be prescribed by ICICI Bank from time to time.
ICICI Bank reserves the right to charge and recover from the Cardmember, service charges / other applicable charges for providing the Service. The Cardmember hereby authorises ICICI Bank to recover the service charge by debiting the Card of the Cardmember or by sending a bill to the Cardmember who will be liable to make the payment within the specified period. Failure to do so shall result in recovery of the service charge by ICICI Bank in a manner as ICICI Bank may deem fit along with such interest, if any, and/or suspension of the Service without any liability to ICICI Bank.
5. AUTHORITY TO ICICI BANK:
ICICI Bank shall have no obligation to verify the authenticity of any transaction / instruction received or purported to have been received from the Cardmember other than by means of verification of the 3D Secure PIN. While ICICI Bank and the Affiliates shall endeavour to carry out the instructions promptly, they shall not be responsible for any delay in carrying on the instructions due to any reason whatsoever, including due to failure of operational systems or any requirement of law. ICICI Bank may refuse to comply with the instructions without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any instruction and have the right to suspend the Service if it has reason to believe that the Cardmemberís instructions will lead or expose to direct or indirect loss or may require an indemnity from the Cardmember.
6. Liability of the Cardmember and ICICI Bank:
Neither ICICI Bank nor the Affiliates shall be liable for any unauthorised transactions occurring through the use of the Service and the Cardmember hereby fully indemnifies and holds ICICI Bank and the Affiliates harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. ICICI Bank shall under no circumstance be held liable to the Cardmember if the Service is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of ICICI Bank. Under no circumstances shall ICICI Bank be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the Cardmember or by any other person. Illegal or improper use of the Service shall render the Cardmember liable for payment of financial charges as decided by ICICI Bank or will result in suspension of the Service.
7. Disclaimer of Warranties:
The Cardmember expressly agrees that use of the Website is at its sole risk. The Website is provided on an "as is" and "as available" basis. Except as warranted in the Terms, ICICI Bank expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement in the Service provided by ICICI Bank.
ICICI Bank does not warrant that access to the Website and Service shall be uninterrupted, timely, secure, or error free nor does it make any warranty as to the results that may be obtained from the Website or use, accuracy or reliability of the Service.
ICICI Bank will not be liable for any virus that may enter the Cardmemberís system as a result of the Cardmember using the Service. ICICI Bank does not guarantee to the Cardmember or any other third party that the Service would be virus free.
8. GENERAL TERMS:
The Cardmember acknowledges, represents and warrants that the 3D Secure PIN created by the Cardmember enable him/her to make online payment using the Credit/Debit Card and that Cardmember is the sole and exclusive owner and is the only authorised user of the 3D Secure PIN and accepts sole responsibility for use, confidentiality and protection of the 3D Secure PIN.
The Cardmember grants express authority to ICICI Bank for carrying out transactions and instructions authenticated by such 3D Secure PIN. The Cardmember unconditionally undertakes to have the 3D Secure PIN of such number of digits as may be notified by ICICI Bank from time to time and ensure that the same is kept confidential; and to not let any unauthorised person have access to the 3D Secure PIN while the Cardmember is purchasing the products and/or service from the Merchantís website. If the Cardmember forgets the 3D Secure PIN , then the Cardmember may request for the issue of a new 3D Secure PIN by clicking on the "Forgot 3D Secure PIN" and validating himself in the manner required by ICICI Bank from time to time and this shall not be construed as the commencement of a new contract. Such 3D Secure PIN may be issued within such time as may be intimated by ICICI Bank from time to time. The Cardmember agrees and acknowledges that ICICI Bank shall in no way be held responsible or liable if the Cardmember incurs any loss as a result of information being disclosed regarding his Card(s) or ICICI Bank carrying the instruction of the Cardmember and the Cardmember shall fully indemnify and hold harmless ICICI Bank and the Affiliates in respect of the same. The Cardmember shall maintain the secrecy of all information of confidential nature and shall ensure that the same is not disclosed to any person voluntarily, accidentally or by mistake. The Cardmember agrees and acknowledges that any loss, damage, liability caused or suffered by the Cardmember due to disclosure of all information of confidential nature shall be borne by the Cardmember without transferring any liability or responsibility towards ICICI Bank.
In the event the Credit/Debit Card gets blocked after a number of incorrect 3D Secure PIN attempts, upto such number as may be intimated by ICICI Bank from time to time, the Cardmember shall be required to contact ICICI Bank 24 hours Customer Care Centre and request for unblocking of his Credit/Debit Card after successfully authenticating himself.
Change of Terms: This Service shall be provided at the discretion of ICICI Bank who reserves the right to add, revise, suspend in whole or in part any of the Services provided by it. By using the Service, the Cardmember shall be deemed to have accepted these Terms. ICICI Bank shall have the absolute discretion to amend or supplement any of the Terms and/or terms and conditions stipulated by ICICI Bank and/or its Affiliates pertaining to the Service and/or to any services/facilities offered by ICICI Bank and/or its Affiliates at any time and shall give prior notice of one month by hosting the same on the Website or in any other manner as decided by ICICI Bank. The Cardmember shall be responsible for regularly reviewing these Terms and the terms and conditions stipulated by ICICI Bank and/or its Affiliates including amendments thereto as may be posted on the Website. Such amended Terms stipulated by ICICI Bank and/or its Affiliates will thereupon apply to and be binding on the Cardmember at the expiry of one month from the date of notice.
By using any new services as may be introduced by ICICI Bank, the Cardmember shall be deemed to have accepted the changed terms and conditions stipulated by ICICI Bank and/or its Affiliates.
The Cardmember is aware that in case of online payment using the Credit/Debit Card over the Internet, the Cardmember will not sign the charge-slips at the time of making the online payment. Accordingly, the Cardmember accepts that, in the event of any dispute regarding the authenticity or validity of such a payment after being authenticated through the Service, for any reason whatsoever, the Cardmember shall be liable to pay the outstanding amount payable. ICICI Bank shall not be liable, in any manner whatsoever, for the same.
The Cardmember shall be solely responsible for the payments made through the Internet even in the event of the Cardmember claiming non-possession of the Card with him/her. The Cardmember shall further be solely responsible for any payments made using the Card through the Internet for travel and entertainment purposes and cannot claim the invalidity of the same.
The Cardmember agrees and acknowledges that ICICI Bank shall in no way be held responsible or liable if the Cardmember incurs any loss as a result of carrying the instruction of the Cardmember pursuant to the verification through the 3D Secure PIN and the Cardmember shall fully indemnify and hold harmless ICICI Bank and the Affiliates in respect of the same. The Cardmember shall maintain the secrecy of all information of confidential nature and shall ensure that the same is not disclosed to any person voluntarily, accidentally or by mistake. The Cardmember agrees and acknowledges that any loss, damage, liability caused or suffered by the Cardmember due to disclosure of all information of confidential nature shall be borne by the Cardmember without transferring any liability or responsibility towards ICICI Bank. The Cardmember shall comply with such guidelines, instructions or terms as ICICI Bank may prescribe from time to time with respect to the 3D Secure PIN.
Any payment made on the Internet using the Cardmemberís 3D Secure PIN shall be deemed to be an instruction received from the Cardmember. The Cardmemberís 3D Secure PIN created by him/her, allows Cardmember to make payments through Internet and that Card-member is the sole and exclusive owner of the Cardmemberís 3D Secure PIN and accepts sole responsibility for use, confidentiality and protection of the 3D Secure PIN, as well as for all payments made using such 3D Secure PIN. The use of the Card by the Cardmember for making payments on the Website is at the Cardmemberís own risk and is the Cardmemberís sole responsibility.
The Cardmember shall indemnify and hold ICICI Bank, including its officers, employees and agents, indemnified against all losses and expenses on full indemnity basis which ICICI Bank may incur, sustain, suffer or is likely to suffer in connection with the execution of the Cardmemberís instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason of providing the Service.
ICICI Bank has no obligation to verify the authenticity of any payment made from the Cardmemberís 3D Secure PIN other than by means of verification of the Cardmemberís 3D Secure PIN.
Proprietary Rights: ICICI Bank shall make reasonable efforts to advise from time to time the software such as browsers, which are required for availing of the Service. There will be no obligation on ICICI Bank to support all or any versions of the software as may be required for offering the Service. The Cardmember acknowledges that the software underlying the Service are the legal property of the respective vendors. The permission given by ICICI Bank to access the service will not convey any proprietary or ownership rights in such software. The Cardmember shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying the Service or create any derivative product based on the software.