Terms & Conditions
Terms and conditions for use of serviceThis website, www.icicihomesearch.in, (hereinafter referred to as "Website") is owned, hosted and operated by ICICI Home Finance Company Limited (hereinafter referred to as "ICICI HFC"), a company incorporated in India under the Companies Act, 1956 and having its registered office at ICICI Bank Towers, Bandra Kurla Complex, Bandra East, Mumbai-400051. ICICI HFC, through its Website, provides the Service/s to the User/s on the URL (herein after referred to as the "Site"), which is owned, hosted and operated by ICICI HFC.
1. Definitions and Interpretation
In these Terms and Conditions for Use of Service (the "Terms"), the following words have the meanings set opposite them unless the context indicates otherwise:
"Affiliate" shall mean and include:
(a) any company which is the holding company or subsidiary of ICICI HFC, or
(b) a person under the control of or under common control with ICICI HFC, or
(c) any person, in more than 26% of the voting securities of which ICICI HFC has a direct or beneficial interest or control.
For the purpose of this definition, "control" together with grammatical variations when used with respect to any Person, means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise howsoever; and "Person" means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever.
”Authorized user” shall include any person, whether an individual or a legal entity who has subscribed to/ registered for the services of ICICI HFC on the Site, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by ICICI HFC or chosen by the user or agreed upon by ICICI HFC. It is made abundantly clear that only the authorised user has the right to access the services so offered by ICICI HFC on / through the Site. For the purposes of these Terms , any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an 'unauthorised user' and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
”User/s and Customer/s” shall mean and include both the authorised and unauthorised user(s). The User/s would include prospective buyers of the real estate properties ("Prospective Buyer") and intended sellers of the properties ("Seller").
”Card Account/s” shall mean either any credit card account with any bank or financial institution which has issued such credit card to the User or any savings account/s of the User/s maintained with any bank or financial institution which has issued such debit card to the User for the purposes of making payments by using such card.
“Services" shall mean the services provided by ICICI HFC to the User from time to time subject to these Terms, and includes without limitation such services as the provision of information regarding the other products of services as ICICI HFC may provide from time to time.
The terms 'Service/s' shall mean to include the service of providing mere online information of the property details uploaded by the Authorised Users which enables the Users to view the said details without having to subscribe to the Services and the service of providing interactive online information on the Site through which the Authorised User/s may access the detailed information so uploaded on the Site and which is carried by ICICI HFC in the database maintained by it. The Service would include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to ICICI HFC acting as an agent either express or implied on behalf of any User/Customer.
"Account" means the identity generated after the User registers himself for availing the Services, which the User(s) shall be required to use for accessing the Services.
"Intellectual Property" includes but is not limited to all patents, trademarks, permits, service marks, brands, trade names, trade secrets, proprietary information and knowledge, technology, computer programs, databases, copyrights, licences, franchises, formulae, designs and other confidential information.
"Intellectual Property Rights" or "IPRs" 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).
"Payment" means such charges as specified by ICICI HFC, which the User/s shall be required to pay to ICICI HFC for the purpose of availing the Services as provided on the Site. The mode of Payment shall be as prescribed under these Terms or as mentioned by ICICI HFC from time to time.
"Registration Form" means the form to be filled and submitted by the User for the purposes of availing Services and to register as Authorised User on the Site.
The headings in these Terms and Conditions are for convenience only and shall not affect its interpretation. References to times of the day are to local time in India unless otherwise stated. Words importing the singular number shall include the plural and vice versa.
2. TERMS AND CONDITIONS:
The Site and/or any other website(s) linked to this Site & Website is an online information and communications service provided to the User/s, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING SITE, USER/S AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND THE TERMS RELATING TO ANY THIRD PARTY SERVICES, WHICH ARE OFFERED ON THE SITE. IF USER/S DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, USER/S SHOULD NOT ACCESS OR USE SITE. IF USER/S HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT
ICICI HFC may amend/modify these Terms and Conditions at any time and it is the User/s responsibility to review the modified Terms and Conditions periodically and the continued access or use of the Site, shall be deemed conclusive proof of User's acceptance of the amended Terms and Conditions. ICICI HFC may also suspend the operation of the Site for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If User/s utilize Site in a manner inconsistent with these Terms and Conditions, ICICI HFC may terminate such User's access, block the future access and/or seek additional relief at per its discretion.
3. APPLICABILITY OF TERMS
terms and conditions as may be stipulated by ICICI HFC from time to time (the "Documents") shall form the legally binding contract between the User and ICICI HFC for using the Services and will apply to all transactions and other activities in connection with the Services of ICICI HFC. In the event of inconsistency between the Documents and these Terms, these Terms shall prevail.
These Terms will be in addition to and not in derogation of the terms and conditions relating to any ICICI HFC product availed by the User.
a) All User/s shall, be able to -
• Search properties by use of Search bar and refine/sort the said search by various parameters mentioned therein the Site as under modify search;
• Compare and shortlist the said selected/ searched real estate properties;
• Request a site visit once the property;
b) The Seller, after subscribing for the Service/s and complying with the conditions as prescribed under Terms, shall be able to -
- Upload real estate property/ies including all the details about a property on the Site;
- Upload pictures of the said property on the Site;
- Remove the said uploaded property from the Site;
- Change the details of the property on Site.
The content on the Site is for the User's information purposes only. The information provided through the Site (including, without limitation, information relating to interest rates) is not updated continuously but only at intervals deemed appropriate in the discretion of ICICI HFC and is provided on an "as is" basis and are without guarantees or warranties of any kind, express or implied. ICICI HFC may stop producing or updating any part of the Site without notice. Specifically, but without limitation, ICICI HFC does not warrant that the User will be able to use the Site or the Service, or that it will continue to be made available in its current or any other form at the current domain name or at any other domain name; or that access to the Site or Service will be uninterrupted or error-free. ICICI HFC does not warrant that the Site or any software, information or material of whatsoever nature available on or downloaded from the Site or the server hosting the Site, will be free from viruses, defects or other harmful material, or will be compatible with User's equipment or fit for any purpose. It is the responsibility of the User to use a suitable firewall and/or anti-virus software on any software or other information or material that the User may download from the Site and to ensure the compatibility of such software or material with the equipment or computer systems of User.
Whilst ICICI HFC has taken all reasonable care to ensure the information contained on the Site is accurate, neither ICICI HFC nor any of its agents or licensors or Affiliates provide any guarantee or make any representation as to the accurateness or completeness of any information, news or opinions contained on or provided in connection with the Site. The Site may be susceptible to unauthorised additions, deletions or alterations by third parties to the Site. ICICI HFC cannot guarantee that any information displayed on the Site has not been changed or modified through malicious attacks or "hacking".
The Site may display certain real-time and/or delayed quotes, news or other financial market information (collectively, "Market Information") that has been independently obtained from third parties, financial publishers, various financial markets including stock exchanges and their affiliates and other providers (collectively, "Market Information Providers"). ICICI HFC does not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Market Information made available on or through the Site. The User agrees that neither ICICI HFC nor the Market Information Providers shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of any Market Information, or for any decision made or action taken by the User based upon any Market Information.
Neither ICICI HFC nor any of its agents or licensors or Affiliates shall be liable for any direct, indirect, incidental, special or consequential loss or damages (including, without limitation for loss of profit, business opportunity or loss of goodwill) whatsoever, whether in contract, tort, misrepresentation or otherwise arising from the use of the Site or the information contained on the Site; the User's inability to use the Site at any time and any error in the provision of the Site; unauthorised access to or alteration of the Site or any information or data transmitted in relation to the Site; any computer virus transmitted through the Site; third party services outside ICICI HFC's reasonable control (including, but not limited to, telephone and browser services and User's use of email communications to contact or instruct ICICI HFC, and any delay in ICICI HFC's receipt or confirmation of such a communication; any interception of or changes to such a communication and any reasonable delay in acting on such a communication; User's use of and/or reliance on other web sites to which User have gained access by means of hyperlinks published on the Site; any inaccurate information, material or opinions published on the Site (or accessed via the Site/) or User's reliance thereon. For the avoidance of doubt this provision shall apply whether or not the relevant loss or damage arises by reason of ICICI HFC's negligence.
The information provided to the User through the Site may have been independently obtained from various information providers and other sources and is provided to the User as part of the Services solely for User's reference only and is not binding on ICICI HFC. The User acknowledges and agrees that the information provided to him as part of the Services may not be accurate. It is User's sole responsibility to seek appropriate verification of any information User uses, and to seek independent professional advice on the financial, legal and tax implications of User's decisions. The information may include views and recommendations of individuals and organizations. ICICI HFC does not endorse any of these views and recommendations. The information provided by any third party contained on the Site, including, without limitation, the information obtained through any link, has been supplied without any verification by ICICI HFC. The User/s who upload the information on the Site, shall be required to update the information and to ensure that the information uploaded on the Site is accurate, complete, in correct sequence and is not deceiving the Buyers.
6. SUBMISSION AND ADMINISTRATION OF LISTINGS BY SELLERS:-The User/s agree not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to ICICI HFC unless the User has acquired or received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the User's website or on Site. The User shall disclose all material information in respect of all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User in addition shall furnish a brief background of such property in respect of title, ownership and possession, ICICI HFC may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The User may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. ICICI HFC may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, ICICI HFC may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information/data in violation of this Agreement. ICICI HFC will, in its sole discretion, terminate the accounts of, and refuse service to, any User who repeatedly or intentionally violates these Terms. Additionally, the User agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by the Users on the Site. ICICI HFC shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on Site and ICICI HFC shall have the right to modify the property listing in the exercise of its rights under this Agreement. In addition to the terms aforementioned the customer agrees
(a) to represent and warrant that all Properties and associated information provided by the Customer will be accurate; b) that the Customer will not permit the posting of a property on Site under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard; ICICI HFC reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Site without notice. ICICI HFC accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. While ICICI HFC shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to ICICI HFC.
Customers, who are buying/renting property/propreties through Site, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
7. PAYMENT TERMS
The User/ Seller, who avails the Services for the purpose of uploading the properties on the Site, shall be charged with such charges as prescribed by ICICI HFC from time to time. The said charges shall be payable only for the purpose of posting the real estate properties and the Seller shall be required to make the payment through credit / debit card using the payment gateway. The said payment of charges shall be limited for specific subscription period as prescribed by ICICI HFC from time to time. A single payment shall ensure that the Seller would be able to host only one property at a time for the entire subscription period. In case the property is not approved and ICICI HFC has rejected the Seller's request of posting of the property on the Site, then the refund, as per provision mentioned in clause 8 of the Terms, would be made to the User's credit / debit card by which the payment has been made. There would be no charges for searching properties.
The Buyer shall not be charged for the purpose of availing the Services on the Site. The brokerage would be charged from the Buyer and the Seller, only after Buyer purchases the property from the Seller, by availing ICICI HFC's brokerage services.
ICICI HFC does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card transaction has been completed, all credit card data is moved off-line only to ensure that the data/credit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. ICICI HFC uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.
8. REFUND IN FAILED TRANSACTIONS:
9. USER CONDUCTWhen accessing and using any information provided on the Site, User shall not (to the extent User may now or in the future be entitled to do so) upload, post or submit to or transmit or otherwise publish through the Site any content or information which (a) is unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic or otherwise objectionable information of any kind, or which may be reasonable considered to be so (b) restricts or inhibits any other user from using the Site; (c) infringes the rights (including, without limitation, Intellectual Property Rights of third parties; (d) contains a virus or other harmful component; (e) contains advertising of any kind; or (f) constitutes or contains false or misleading indications of origin or statements of fact.
10. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property appearing in the Site are owned or used under license by ICICI HFC and/ or its Affiliates. These include, without any limitation, Intellectual Property Rights in the graphic images, buttons and text contained in or on the Site. All rights accruing in such Intellectual Property Rights, statutory or otherwise, wholly vest with ICICI HFC/ its Affiliates. The User acknowledges that the User have no and will not acquire any right, title or interest in or relating to any Intellectual Property of ICICI HFC and its Affiliates. Other product and company related information on the Site may be the Intellectual Property of the respective owners, and all rights in the material on any other websites which User may be able to link to from the Site are owned by third parties and ICICI HFC shall have no rights on the same.
No User may use any Intellectual Property of ICICI HFC or its Affiliates, without the prior written consent of ICICI HFC. The access to the Site does not confer upon User any license or right to use in respect of any Intellectual Property and therefore the use of any Intellectual Property in any form or in any manner whatsoever is strictly prohibited.
In the course of using this website or availing the services vide the online application forms and questionnaires, ICICI HFC as a division of ICICI Home Finance Company Ltd (ICICI HFC) may become privy to the personal information of its customers, including information that is of a confidential nature.
ICICI HFC is strongly committed to protecting the privacy of its customers and has taken all necessary and reasonable measures to protect the confidentiality of the customer information and its transmission through the world wide web and it shall not be held liable for disclosure of the confidential information when in accordance with this Privacy Commitment or in terms of the agreements, if any, with the Customers.
ICICI HFC endeavours to safeguard and ensure the security of the information provided by the Customer. ICICI HFC uses 128-bit encryption, for the transmission of the information, which is currently the permitted level of encryption in India. When the information provided by the Customers is not transmitted through this encryption, the Customers' system (if configured accordingly) will display an appropriate message ensuring the best level of secrecy for the Customer's information. As is true of most Web sites, when User visit the Site, ICICI HFC may collect information about User either directly or through third party service provider, which may not personally identify User but which may be helpful for improving the operation of the Site. Such information may be collected through "traffic data" and may entail the use of "cookies", internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data or other numeric codes used to identify the User's computer. This information may be used, which does not identify individual users, to analyze trends, to administer the site, to track users movements around the site and to gather demographic information about our user base as a whole. A cookie would be stored on your computer when you visit our Web site. A cookie is a small text file that is stored on a users computer for record-keeping purposes. The primary purpose of these cookies is to analyze how users move within the Web site. Our cookies do not have confidential or personally identifiable information. However, we would like to reiterate that this information is not shared with third parties, for their promotional purposes, except as provided in subsequent clauses on disclosure of information.
The Customer would be required to cooperate with ICICI HFC in order to ensure the security of the information, and it is recommended that the Customers necessarily choose their passwords carefully such that no unauthorised access is made by a third party. To make the password complex and difficult for others to guess, the Customers should use combination of alphabets, numbers and special characters (like !, @, #, $ etc.). The Customers should undertake not to disclose their password to anyone or keep any written or other record of the password such that a third party could access it.
ICICI HFC undertakes not to disclose the information provided by the Customers to any person, unless such action is necessary to:
- Conform to legal requirements or comply with legal process;
- Protect and defend ICICI HFC’s or its Affiliates' rights, interests or property;
- Enforce the terms and conditions of the products or services; or
- Act to protect the interests of ICICI HFC, its Affiliates, or its members, constituents or of other persons.
The Customers shall not disclose to any other person, in any manner whatsoever, any information relating to ICICI HFC or its Affiliates of a confidential nature obtained in the course of availing the services through the website. Failure to comply with this obligation shall be deemed a serious breach of the terms herein and shall entitle ICICI HFC or its Affiliates to terminate the services, without prejudice to any damages, to which the customer may be entitled otherwise.
ICICI HFC will limit the collection and use of Customer information only on a need-to-know basis to deliver better service to the Customers. ICICI HFC may use and share the information provided by the Customers with its Affiliates and third parties for providing services and any service-related activities such as collecting subscription fees for such services, and notifying or contacting the Customers regarding any problem with, or the expiration of, such services. In this regard, it may be necessary to disclose the Customer information to one or more agents and contractors of ICICI HFC and their sub-contractors, but such agents, contractors, and sub-contractors will be required to agree to use the information obtained from ICICI HFC only for these purposes.
The Customer authorises ICICI HFC to exchange, share, part with all information related to the details and transaction history of the Customers to its Affiliates / banks / financial institutions / credit bureaus / agencies/participation in any telecommunication or electronic clearing network as may be required by law, customary practice, credit reporting, statistical analysis and credit scoring, verification or risk management and shall not hold ICICI HFC liable for use or disclosure of this information.
12. NO OFFER
Nothing contained in the Site shall constitute an offer, invitation, advertisement, promotion or sponsor of any product or services of ICICI HFC or any of its group companies and is not intended to create any rights or obligations. Nothing contained herein shall amount to solicitation of any offer by any customer, or a recommendation to buy or sell or to effect any transaction or conclude any other legal act whatsoever nor is it intended to constitute legal, tax, securities or investment advice, or opinion regarding the appropriateness of any investment. The use of any information set out in this Site is entirely at User's own risk.
The information contained in this Site is published for personal use and informational purposes only on a confidential basis, and does not carry any right of publication or disclosure to any third party. User as a visitor to the Site may view the Site and print hard copies of material on it for User's personal use. The contents of the Site are not available for commercial use. All other copying or distribution of any part of the Site whether in electronic, hard copy or other format is prohibited and all other rights are reserved. In using this Site, the User undertake not to reproduce or distribute any information contained herein in whole or in part, nor to disclose any of its contents (except to its professional advisers) without the prior written consent of ICICI HFC, who User agree has the benefit of this undertaking. User and User's professional advisers will keep permanently confidential information contained herein and not already in the public domain.
ICICI HFC may disclose to the User/s the information, which at present is confidential and not in the public domain, including without limitation, all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service ("Confidential Information"). The User agrees to protect the Confidential Information in the same manner as it protects its own proprietary and confidential information of similar importance but at all times using at least a reasonable degree of care.
The User agrees:
- To take all necessary action to protect the Confidential Information against misuse, loss, destruction, deletion and/or alteration.
- Not to misuse or permit misuse directly or indirectly, commercially exploit the Confidential Information for economic or other benefit.
- Not to make or retain any copies or record of any Confidential Information submitted by ICICI HFC other than as may be required for the performance of the User's obligation under the Terms and the other documents.
- To notify the ICICI HFC promptly of any unauthorized or improper use or disclosure of the Confidential Information.
- To return all the Confidential Information that is in the custody of the User upon termination/expiry of the Terms.
- To ensure that the number(s) appearing in the "do not call registry" are not passed on to any unauthorized person/s or misused in any manner.
- That ICICI HFC shall be entitled to notify RBI in the event of any breach of security and leakage of confidential customer / ICICI HFC related data / information / documents / records.
The User agrees that all Confidential Information shall remain the property of ICICI HFC or its Affiliates/licensors,
The User shall immediately notify ICICI HFC of any known or suspected breaches of Clause and shall give ICICI HFC full co-operation in any search or scrutiny.
The User acknowledges that any breach of the terms and conditions of this Clause may cause ICICI HFC / its Affiliates / licensors irreparable damage for which recovery of money damages would be inadequate. Therefore, the User agrees that ICICI HFC shall be entitled, in addition to any other remedies available to it, to seek injunctive relief and/or other equitable relief to prevent or restrain any breach by the User himself/ itself or its employees/officials, or otherwise to protect its rights, under these Terms.
14. RELIANCEThe information published on this Site is subject to updation; completion, revision, verification and amendment without notice and such information may change materially. ICICI HFC will take reasonable steps to ensure the reliability of the information provided on this Site; however, ICICI HFC makes no representation that any information or opinions expressed on this Site are accurate, complete or up to date and bears no responsibility for the rectification of errors, which may occur from time to time. The terms of any product referenced on this Site are governed by the applicable documents establishing such terms. In the event of any inconsistency between the information on this Site regarding a particular product and the terms specified in the documents establishing the terms of issue or contract, the terms so specified shall prevail.
15. ELECTRONIC IDENTIFICATION AND PASSWORD USE
The direct access to, and use of, the Site for carrying out transactions pertaining to the User's Account requires an electronic identifier which consists of one or more of the following (hereinafter each individually and collectively referred to as "Electronic Identification"):
a. User name/login id,
The User will be provided with the Electronic Identification. The User agrees that electronic pages, such as the Site pages, accessed by Electronic Identification, are written documents and that "clicking" any "buttons" stating "OK", "proceed", "continue", "approve" or "buttons" with similar meaning will have the same legal effect as if the User had placed his signature by hand and provided hardcopy versions of such pages with intent to be legally bound. Thus User further agrees that all transactions by computer or other means (whether electronic or otherwise) will have the same legal effect as if authorized by the written instructions of the User. The User acknowledges that all electronic instructions are final, binding and irrevocable and that the User may not object to them nor withdraw the same.
The User shall be solely authorised to use the Password, and shall be responsible at all times for exercising security controls over the Password. User agrees to refrain from distributing the Password in any manner. ICICI HFC shall not be liable for any damages arising from any unauthorised use or sharing of User's Password. If User's Password is stolen, or if User's security becomes otherwise compromised, please contact ICICI HFC officials at Branch nearest to User immediately for giving express consent for deactivating User's Electronic Identification. ICICI HFC reserves the right to deactivate or revoke the use of User's Electronic Identification at any time for any reason whatsoever without any prior notice or reasons.
The following sets out User's security duties in the use of the Services and the Site. The list is not intended to be exhaustive and should be supplemented with User's own security procedures: -
a. User agrees to follow the guidance and any security procedures stated in the Terms or provided online.
b. User may change the password at any time but any change shall be effective only when accepted by ICICI HFC. ICICI HFC is entitled in its discretion to reject any number or alphabet selected by the User to substitute the Electronic Identification without giving any reason there for. The User's substitute of Electronic Identification shall take effect upon ICICI HFC's confirmation. When selecting a substitute Electronic Identification, the User shall refrain from selecting any series of consecutive or same or similar numbers or alphabets or any series of numbers or alphabets that may easily be ascertainable or identifiable to the User. ICICI HFC shall be entitled at ICICI HFC's absolute discretion to cancel the use of the User's Electronic Identification and/or withdraw, restrict, suspend, vary or modify the Services (whether in whole or in part) and/or the mode(s), method(s) or channel(s) available for accessing the Services at any time without notice and without giving any reason therefore and ICICI HFC shall not be liable to the User for any loss or damage as a result.
c. User must keep User's Electronic Identification; in particular, the password, secret and secure at all times and exercise utmost care and diligence to prevent unauthorised use of User's Electronic Identification.
d. User must notify ICICI HFC immediately of any unauthorised access to the Services or any unauthorised transaction or instruction which User knows of or suspects or if User suspects someone else knows User's Electronic Identification. User may do so in person or by calling the telephone number(s) listed on the Site. We may ask User to confirm in writing any details given. User must also change User's Password immediately to a number or combination, which Users have not used before. User shall remain liable and responsible for the transactions arising from the use of the Services by unauthorised persons or for unauthorised purposes. ICICI HFC shall require User to assist and coordinate with ICICI HFC and the appropriate law enforcement agencies in trying to recover any losses incurred by ICICI HFC due to the act or omission of the User/ any third party. ICICI HFC may disclose information about User or User's transactions to the applicable law enforcement agencies or other third parties if it thinks it will help to prevent losses or recover losses.
e. ICICI HFC may have to ask User for User's login id, but not User's password, in order to provide Services to User. NEVER SUPPLY USER'S PASSWORD TO ANYONE, not even to an employee of ICICI HFC.
f. User agree that User are responsible for the performance and protection of any browser or personal computer used in connection with the Service. ICICI HFC will take reasonable care to ensure the security of and to prevent unauthorised access to the Site, using commercially reasonable technology available to ICICI HFC. The User shall take all necessary precautions to prevent illegal or improper use of Site, use that is not authorized under these Terms & Conditions and unauthorized access to the Site.
16. USE OF INFORMATIONUser agrees to treat all information obtained from the Service, including listings, Seller's directory, and any information otherwise made available to the User in the Service ("Content") as proprietary to ICICI HFC. User agrees that Content reserved for Seller/s will be maintained as confidential and shall be protected as a trade secret of ICICI HFC. The User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to the User in the Service, for or in connection with any other listing service or device. The Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
17. RESTRICTIONS/ PROHIBITIONS
The User hereby expressly agree not to:
(a) Access data not intended for User or log into server or account that User are not authorized to access;
(b) Attempt to probe, scan or test the vulnerability of a system or network;
(c) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to Site, overloading, Flooding, mail bombing or crashing;
(d) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in Site except as permitted;
(e)The user undertakes not to establish any deep link or other connection to any specific page of Site other than the Home Page without obtaining prior consent of ICICI HFC.
Users undertake that the services offered by ICICI HFC shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. ICICI HFC reserves the right to filter and monitor and block the emails sent by User/user using the servers to maintained by ICICI HFC to relay emails. All attempts shall be made by ICICI HFC and the user to abide by International Best Practices in containing and eliminating Spam.Violations of system or network security may result in civil or criminal liability.
18. LINKS TO THIRD PARTY WEB SITESSite may provide links to other third-party World Wide Web sites or resources. ICICI HFC makes no representations whatsoever about any other websites User may access through this Site. User shall enter the website of the third party by clicking on the link of third party's website provided on the Site. Such third party websites are not owned, controlled or endorsed by ICICI HFC.. The service offered on the third party's website shall be offered by the said third party and the User shall be bound by the terms and conditions stipulated by the said third party in this regard.
19. LIMITATION OF LIABILITY
a. Notwithstanding anything contained in the Terms or in any other document, ICICI HFC shall not have any liability whatsoever in case of any third party claims, demands, suit, actions, or other proceedings against the User or its personnel, if User is a legal entity or any other person engaged by the User in the course of performance of the User's obligations under the Terms and/or the other documents;
b. Subject to limitations mentioned elsewhere in these Terms, ICICI HFC will not be liable for any loss or damage whatsoever and howsoever occasioned, whether or not arising from or in connection with User's access and/or use of the Services including any direct, indirect, consequential, special loss or economic loss, including those arising as a result of (but not limited to the following):
i. ICICI HFC acting on instructions issued using User's Electronic Identification but which in fact was an unauthorised use of the Services;
ii. any delay or refusal to execute any instructions that may be validly authenticated by User;
iii. any delay in payment, delivery or non-delivery of any document or material or notice or erroneous delivery, non-delivery or refusal to transmit any other services whatsoever, including any delay caused by third parties;
iv. any incompatibility between User's equipment and the Website, or any other equipment used by ICICI HFC including but not limited to any adverse outcome, damage, loss, disruption, violation, irregularity or failure arising from the use of or reliance on computer hardware, software, electronic devices, online networks and/or telecommunication systems;
v. any loss associated with systems failures, processing errors, software defects, operating mistakes, hardware breakdowns, capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks, hacking incidents, fraudulent actions and inadequate recovery capabilities which arise despite ICICI HFC's best efforts and/or damage caused by failure or fault in equipment, software, hardware or Internet browsers, Internet service providers, telecommunication service providers or other service providers or system operators, or their respective agents or subcontractors, any industrial dispute or any other person or circumstance beyond ICICI HFC's control;
vi. any delay, destruction or alteration of any authorisations, instructions, data or information transmitted or received by User via the Services or any error in the transmission of the said instructions, data or information;
vii. any failure by User to follow the most updated instructions and procedures for using the services offered on the Website;
viii. any failure or refusal by ICICI HFC to effect any Instruction due to any order of court, notice, directive or any statute, regulation or bye-law,
ix. any other loss arising from any new type of threats as manifested in denial of service attacks which may occur despite ICICI HFC's best efforts; and
c. Actions arising out of or in connection with the Services or these Terms against ICICI HFC shall be brought within 1 month after the cause of action has accrued.
These Terms constitute the entire agreement between User and ICICI HFC for the purpose of these Services only.
ICICI HFC may debit/ charge the Card Account with the amount of any withdrawal or transfer in accordance with ICICI HFC's record of transactions and transactions arising from the use of the Services to operate designated Account(s).
20. DISCLAIMER OF WARRANTIES
THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
ICICI HFC AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS SITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF THE SITE.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. ICICI HFC does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.
This Site is controlled and operated from India and ICICI HFC makes no representation that the materials are appropriate or will be available for use in other parts of the World. If User use this Site from outside India, then Users are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
ICICI HFC Services) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. ICICI HFC does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region. Information on this Site may contain references to products, programs or services that are not announced or available in your country. Such references do not in any manner imply that ICICI HFC intends to announce, launch or provide such products, programs or services in your country.
21. VERIFICATIONICICI HFC reserves the right to contact the User to obtain confirmation of any telephonic, electronic or other Instruction before processing any transaction but shall not be obliged and will not be liable due to any inability or failure of ICICI HFC to contact the User in order to confirm any Instructions.
22. DISCLOSURE OF INFORMATION
User agree that "Information" includes any information and data relating to User, the Accounts or accounts wherever maintained by User with the ICICI HFC or its Affiliates including data pertaining to User and User's affairs and collected by ICICI HFC or other third party payment gateway providers and their respective system operators.
b. User agrees that ICICI HFC is entitled to divulge or reveal to any of its branches, subsidiaries, representative offices, affiliates, agents, any Affiliate, any appropriate authority and/or public officer conducting investigations, third party payment gateway providers and their respective systems operators, the third party merchants participating in the payment gateway service, third parties providing any service to User and such other third parties as ICICI HFC considers appropriate, any Information.
a. ICICI HFC may terminate User's use of the Services within a reasonable time, upon receipt of User's written notification.
b. ICICI HFC reserves the right, without providing any reasons whatsoever, to forthwith end or suspend (for such period as ICICI HFC decides) User's use of or ICICI HFC's provision of the Services (either in whole or in part) at any time, in respect of any or all of the Accounts, independently of other services provided to User by ICICI HFC, without incurring any liability. ICICI HFC may also exercise this right of termination in the situation where Users have used, or ICICI HFC has reason to believe that User may use, the Services offered or otherwise to operate any of the Accounts in breach of the agreement with ICICI HFC and/or these Terms.
c. ICICI HFC is entitled to rely on and to carry out any Instructions received by ICICI HFC prior to the termination or suspension or User's use of the Services. Subject to ICICI HFC's approval, User may change such Instructions provided that User comply with all directions, terms and requirements that ICICI HFC may impose, including any deadlines and periods of notice for change of Instructions to ICICI HFC.
d. Termination of the Services is without prejudice to User's mandate or Instructions given to ICICI HFC in respect of any other products or services of ICICI HFC.
e. The provisions of this Section shall not limit or restrict nor shall they preclude ICICI HFC from pursuing such further and other legal actions, against the User for any breach or non-compliance of the terms of the Terms and/or other documents. All costs, charges and expenses incurred / paid by ICICI HFC and/or the customers of ICICI HFC on account of default by the User shall be reimbursed by the User to ICICI HFC.
The User shall, at his / its own expense, indemnify, defend and hold harmless ICICI HFC and Affiliates of ICICI HFC, their respective officers, directors, personnel, representatives, consultants, nominees, designees from and against any and all liability suffered or incurred (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses, including attorneys fees and expenses) or any other loss that may occur, arising from or relating to:
(i) Non-performance, inadequate performance, breach by the User, its personnel of any of the terms, conditions, covenants, representations, undertakings, obligations or warranties under the Terms, including but not limited to the obligations of the User pertaining to data protection, confidentiality and intellectual property rights of ICICI HFC, or any guidelines issued by ICICI HFC to the User from time to time;
(ii) Acts, omissions, errors, representations, misrepresentations, misconduct, negligence of the User and/or its personnel in performance of its obligations under the Terms;
(iii) Loss, misappropriations, misuse or damage to the documents or instruments / things that are in the possession or within the control of the User or its personnel or any other persons engaged by the User;
(iv) Causation of any damages to the customers of ICICI HFC through any acts or omissions of the User and/or its personnel;
(v) Contravention of any law, as may be applicable from time to time, or industry practice, or violation of any policies of the ICICI HFC;
(vi) Technology failure, fraud, error, inadequate financial capacity to fulfill obligations and/or provide remedies;
(vii) Legal risks including but not limited to exposure to fines, penalties, or punitive damages resulting from supervisory actions, as well as private settlements due to omissions and commissions of the User.
2. The User agrees that any notice or communication by an officer of ICICI HFC under this Section shall be deemed as sufficient proof that ICICI HFC has suffered or incurred liabilities (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses, including attorneys fees and expenses) or any other loss. The User shall upon receipt of such notice or communication immediately, without any delay or demur or contest, indemnify ICICI HFC.
3.The User shall be liable to pay the amounts to ICICI HFC, as determined by ICICI HFC in its sole discretion under this provision, on demand, and ICICI HFC shall be, without prejudice to its other rights and remedies, entitled to adjust the amounts so determined to be due from the User against the future payments due by ICICI HFC to the User (if any).
4.The User shall co-operate fully in defending any claim/s by any local, state or central authority against ICICI HFC with respect to any levies, taxes, duties, fines, and/or penalties etc. due and payable by the User, and shall indemnify ICICI HFC, fully and without limit, against the same.
6. The provisions of this section shall survive the termination of this agreement.
Any notice, which is required to be given by User to ICICI HFC, shall be in writing and shall be sent to ICICI HFC's designated address from time to time. Any notice which ICICI HFC sends to User may be by hand, post, telex or facsimile transmission, and shall be deemed to have been received by User, if by hand on the day of delivery (to User's last known address on ICICI HFC's record), if by post, on the day following the posting, if by telex, facsimile transmission when dispatched, despite any evidence to the contrary and to be effective service for the purpose for which such notice, communication and/or other instruments was sent. Notwithstanding the aforesaid, all communications (including but not limited to notices) from ICICI HFC may be (1) sent to User's email address as provided by User in the application or (2) published on this Site. ICICI HFC will not be responsible for User's failure to receive such communications if such failure is due to (without limitation): (a) errors, faults or defects in User's email program or email service provider; (b) errors, faults or defects in User's telephone or telecommunication service provider (c) a wrong email address or telephone number provided by User to ICICI HFC; (d) not updating ICICI HFC of a change in email address or telephone number; or (e) User's failure to regularly check User's e-mail,User's telephone or this Site.
Unless specified otherwise in these Terms, User may provide ICICI HFC with notice by post, fax or telephone, at the following address:
ICICI HFC Limited,
ICICI Bank Towers,
Mumbai 400 051, India
Tel.: (+91- 22) 26531414
Fax: (+91-22) 26531671
The User agrees that these Terms are binding on and shall enure to User's respective assignees, successors, executors and personal representatives. User agrees that User shall not assign nor transfer any of User's right and obligations under these Terms.ICICI HFC may assign, subcontract or transfer all or any of its rights and obligations under these terms and conditions to any third party without requiring further consent from User, and upon such assignment, sub-contracting or transfer, ICICI HFC may be relieved of any further obligation to User under them.
27. FORCE MAJEUREICICI HFC shall not be liable for any failure to perform any of its obligations under these Terms if the performance is prevented, hindered or delayed by reason of causes beyond its control (“Force Majeure Event”) including (but not limited to) equipment, system or transmission link malfunction or failure, fire, flood, explosion and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. ICICI HFC shall not be liable for any delay, loss, damage or inconvenience whatsoever caused or arising from or in connection with any one or more of the above-mentioned disabling events.
28. SEVERABILITY OF PROVISIONSIf any provision of thie Site, Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms.
29.WAIVERThe failure of ICICI HFC to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently. No act, omission or delay by ICICI HFC shall be a waiver of its rights or remedies under these terms and conditions or at law unless otherwise agreed in writing by ICICI HFC.
By accessing the Site User agrees that the laws prevailing in India shall be the governing law in all matters relating to Site as well as these Terms and Conditions.
Any dispute, controversy or claims arising out of or relating to these Terms or the breach, termination or invalidity thereof, shall be subject to the exclusive jurisdiction of the Courts of Mumbai