These terms and conditions apply to all transactions between ICICI Bank Canada ("ICICI") and each applicant and customer ("Customer") in connection with ICICI's money transfer services, including international money transfers. Customer shall be deemed to include one or more individuals, a corporation, partnership, association, sole proprietorship, trust, or any other legal entity. Money Transfer applications shall be accepted at the sole discretion of ICICI. ICICI reserves its right to refuse to accept any application with or without reason.
The Customer shall pay to ICICI the money transfer and related charges prescribed by ICICI in addition to the amount of the money transfer. The acceptable modes of payment and disbursement that may be selected by each Customer are available at the discretion of ICICI. Unless otherwise indicated, ICICI charges shall be borne by the Customer and bank charges imposed by correspondents or agents shall be borne by the beneficiary. ICICI reserves the right to revise all money transfer charges from time to time without prior notice.
The Customer authorizes ICICI to accept money transfer instructions in person or by electronic communications including telephone, telex, fax, Internet or other method of telecommunication or electronic transmission at the discretion of ICICI ("Communication"). ICICI has the right, but not the obligation, to first obtain verbal or written confirmation before executing any electronic Communication. ICICI is not obligated to act upon any Communication if ICICI has reasonable grounds to believe that it is not a Customer Communication, or if ICICI does not understand the instructions. ICICI may act on Communications from or purporting to be from the Customer or the Customer's e-mail address as if the Customer has given ICICI such instructions or information in writing, unless ICICI has received written notice to the contrary. All Communications that ICICI accepts and acts upon shall be considered valid and authentic even if, among other things, the Communication did not come from the Customer, is not properly understood by ICICI (except for ICICI's gross negligence or wilful misconduct) or differ from any of the Customer's previous or later Communications. ICICI shall only act upon Communications during the usual business hours of the ICICI branch or office at which they are received on the earliest banking day possible. ICICI shall use reasonable efforts to monitor its Communication facilities to determine if it has received any instructions or information from its Customers. Since ICICI's ability to act on the Customer's Communications depends on the normal functioning of various communications facilities, ICICI shall not be liable for any delay or failure to receive the Customer's Communications.
The Customer acknowledges that cell phones and e-mail are not secure means of communication and that ICICI does not use encryption or digital signatures for incoming or outgoing e-mail. The Customer also understands that ICICI recommends that Customers not use cell phones or e-mail for any confidential purposes or share their Internet access with others. If, nonetheless, the Customer chooses to use cell phone or e-mail communications, the Customer assumes full responsibility for the risks of so doing. These risks include the possibility that information could be lost, delivered late, or not received; computer viruses could be spread; and someone could intercept, retransmit or alter communications, or send unauthorized e-mails under the Customer's name or e-mail identity.
Currency other than that of the jurisdiction to which the remittance is made shall be payable to the payee in the currency of the said jurisdiction at the buying rate of ICICI, its correspondents or agents, unless the payee, by arrangement with the paying correspondent or agent, obtains payment in some other currency upon paying all charges of ICICI's correspondent or agent in connection therewith. Unless otherwise expressly agreed in writing, ICICI may at its discretion convert into foreign currency values the funds received from the Customer at the rate as determined by ICICI at its discretion on the day such funds are received. ICICI's statement in writing that it has effected such conversion shall be conclusive.
Payment of the transferred funds is subject to the laws and regulations of the jurisdiction where the payment is to be made. In view of the prevalence of exchange restrictions in some jurisdictions, the liability of ICICI with respect to the payment of the transferred funds shall not exceed, in any case, the extent to which payment is allowed in the currency in which the transferred funds are to be sent under any legal, governmental or other restrictions existing in the place of payment or principal financial centre of the relevant currency or, in the case of the Euro, the European Union or any of its member countries, at the time the payment instructions are received or are to be carried out. Neither ICICI nor its correspondents and agents shall be liable for any delay or loss caused as a result of any act or order of any government or governmental entity or agency; or the failure of any clearing, settlement or payment system; or any statute, regulation or other applicable law; or any other causes whatsoever.
ICICI may take its customary steps to effect the money transfer and shall be free to remit or procure the remitting of funds by any means it deems fit including mail, telex, cable and SWIFT, and to make use of any correspondent, agent, sub-agent or other agency but, in no case, shall ICICI or any of its correspondents, agents, sub-agents or any other agency be liable for mutilation, interruption, omission, error or delay in the electronic transmission, wire, cable or mails, or on the part of any postal authority, telegraph, cable, Internet service provider or wireless company, or any other telecommunications or electronic transmission service provider, or any employee or agent of any such authority or entity, or through any other cause. ICICI, through its correspondents or agents or otherwise, may send any message in explicit language, code or cipher relating to the money transfer.
ICICI Bank Canada ("ICICI") is not obligated to effect a requested payment if the Customer’s account does not have sufficient funds to meet it or to meet payment of all charges, fees or other sums payable to ICICI. On the date of effecting a requested payment, ICICI shall be entitled to effect currency conversion at ICICI’s rate of exchange then prevailing on the date of remittance or such other appropriate date. If there are insufficient funds in the account for two successive scheduled payments, ICICI may cancel any subsequent scheduled payments without any advice to the Customer. ICICI may terminate a scheduled payment at any time by notice in writing to the Customer at the last address notified to ICICI or without notice at any time after being advised by the beneficiary/beneficiaries that no further payment is required, or if required to do so by any order from an applicable regulator. All rate block instructions based on a prescribed rate of conversion of currency shall automatically expire 15 days from the date such instruction is provided, without notice from ICICI to the Customer or to the beneficiary/beneficiaries. A Rate Block instruction is not a Forward Contract and will be done on a best effort basis. Rate Block or Standing Instruction features are only available with online banking and will not be executed if the Customer’s transaction limit, as set by ICICI from time to time, is exceeded. The current Daily Online Money Transfer limits are CAD 6,000 for ICICI Bank Canada account holders. If payment falls on a Saturday, Sunday, public holiday or another day on which ICICI is not open for business, payment will be effected on the next business day. Scheduled payments will remain effective notwithstanding death or bankruptcy of the Customer or beneficiary/beneficiaries until notice of such death or bankruptcy or the revocation of this order is received by ICICI. Any alteration or cancellation of a scheduled payment must reach ICICI at least 4 business days before the next scheduled date of payment. Online Money Transfer is available in CAD to INR only.
Prior to conducting a remittance funded by a debit card transaction, ICICI may require valid proof of identification of the Customer in a form satisfactory to ICICI. If the Customer’s account is dormant, then remittance of funds via debit card will only be allowed after activation of the account. The debit card used to fund the remittance must be an Interac® Debit Card issued by a Canadian financial institution and be chip and pin enabled. Credit cards will not be accepted for funding of remittances. ICICI does not take responsibility for any debit card lost, or forgotten by a Customer. If a Customer inadvertently leaves a debit card within a branch and does not claim it within 24 hours, it will be destroyed by ICICI. Any Customer claiming a lost or forgotten card must provide ICICI with a valid proof of identity satisfactory to ICICI. ICICI reserves the right to retain any debit card that does not comply with ICICI’s fraud prevention policy. ICICI will not credit a refund to any debit card other than the one used to make the remittance. The Customer must produce the original transaction receipt for any dispute relating to a remittance. The Customer must return the signed merchant copy of the debit card receipt to ICICI. Adequate balance to meet the amount to be remitted plus the charges payable for the service must be in the debited account at the time of the transaction. Daily limits will be applicable as per ICICI and customer’s debit card limits. The Customer must disclose the purpose of each remittance and ensure the service is not used for any unlawful purposes under applicable laws. Where required by an applicable law or if ICICI otherwise believes that disclosure is required to combat fraud, money laundering offences or other criminal activity, ICICI may report information about a card holder and the service ICICI provides to the appropriate regulatory or governmental authorities, bodies or agencies. In case of any dispute or fraud reported by the Customer or identified by ICICI, ICICI reserves the right to report the matter to the appropriate regulatory authorities. The Customer agrees to fully compensate ICICI for any loss or damage which is caused as a result of fraud or the Customer’s violation of the ICICI’s Money Transfer Terms and Conditions.
In the event the Customer requests a refund from ICICI of the amount of the transferred funds, such refund shall be made, at ICICI's discretion, to or from the Customer, at the prevailing buying rate for the currency in question less all costs, charges, expenses and interest (where applicable), provided that (i) none of the events specified in Clause 10 immediately below have occurred in respect of the currency in question, and (ii) ICICI is in possession of the funds for which the payment instructions were issued, free from any exchange or other restrictions.
ICICI shall not be liable for any delays, errors, negligence, defaults, actions or omissions, whether its own or those of its employees or any of its correspondents, agents, sub-agents, or of their employees or its technology. ICICI shall not be responsible for any costs or damages that the Customer may incur due to ICICI's acting or failing to act upon the Customer's Communications (except for ICICI's gross negligence or wilful misconduct). In the event of ICICI's gross negligence or wilful misconduct, ICICI's liability shall be limited to the amount involved in the Customer's relevant Communications. ICICI shall not, in any event, be liable for any special, incidental, consequential or indirect damages, or for loss of profit. ICICI shall have no responsibility for or liability to the Customer or any other person whatsoever for any diminution in the value of funds due to taxes or depreciation or for the unavailability of such funds due to restrictions on convertibility, requisitions, involuntary transfers, distraints of any character, exercise of governmental or military powers, wars, terrorism, strikes, epidemics or other causes beyond ICICI's control. In addition, (i) if the currency's jurisdiction of origin restricts availability, credit or transfers of such funds, ICICI shall have no obligation whatsoever to pay the funds, whether by way of draft or cash or by any other means in the relevant currency or any other currency, and (ii) in the event of any matter related to the use of the Euro (including but not limited to the withdrawal of one or more participating European states, or any change in the composition of participating states) which restricts availability, credit or transfers of the Euro or otherwise makes it impossible or impractical for ICICI or its correspondents or agents to perform their obligations in respect of Euro funds, ICICI shall have no obligation to pay the funds, whether by way of draft or cash or by any other means in the relevant currency or any other currency.
The Customer shall indemnify and save ICICI harmless from any claims and expenses that ICICI incurs (other than those due to ICICI's gross negligence or wilful misconduct) including, but not limited to, all legal fees and expenses arising from ICICI acting or declining to act on any of the Customer's Communications.
The Customer consents to ICICI, its officials, employees, correspondents and agents disclosing any information regarding the applicant's particulars, the Money Transfers application, the subject matter thereof, and the Customer's accounts and affairs as ICICI shall deem appropriate or as may be required by law or any regulatory body for the purpose of any investigations relating to the money transfer applied for and any transaction connected therewith. ICICI may record all telephone calls and monitor all Communications in relation to the money transfer services.
The Customer acknowledges that all money transfer transactions shall be made in accordance and compliance with all applicable laws and regulations, specifically including those in relation to money laundering and terrorist financing. The Customer shall not use the money transfer service for any fraudulent or illegal purposes, or do anything that could undermine the security or integrity of ICICI's money transfer service.
ICICI reserves the right to add, alter, amend, vary or modify any or all of these terms and conditions at any time at its discretion without any notice.
These terms and conditions shall be governed by the laws of the Province of Ontario, Canada. The Customer submits to the non-exclusive jurisdiction of the courts of the Province of Ontario.
At its discretion, ICICI may enter any photocopy, computer-generated copy, reproduction, tape recording, transcript of tape recording or any other record that ICICI has of the Customer's Communications into evidence in any legal proceeding as if it were an original document. That copy will be sufficient and valid proof of the information contained in it.
The parties confirm their desire that these terms and conditions and any related documents be drawn up in English only. Les parties confirment leur volonté que cette convention et tous les documents s'y rattachant soient rédigés en anglais seulement.