ICICI BANK CANADA
Indian at Heart Club Terms and Conditions
The following terms and conditions (“Terms”) shall apply to and govern the Indian at Heart Club (“Club”) of ICICI Bank Canada (“ICICI Bank”). ICICI Bank may specify additional terms and conditions time to time and/or revise or amend the existing Terms. Such terms shall be in addition to and not in derogation of these Terms. Such amended / revised terms / additional terms and conditions shall be communicated by ICICI Bank by hosting the same on the Club Website. Members shall be responsible for regularly reviewing these Terms including any amendments thereto as may be posted on Club Website. A Member’s continued usage of the Club Website after Terms have been amended shall be deemed to the Member’s continued acceptance of the Terms, as amended.
- “Applicable Laws” means the laws of the Province of Ontario and of Canada.
- “Categories” shall mean the following classifications:
(i) Indian Travel;
(ii) Indian Culture;
(iii) Health and Wellness;
(iv) Life in Canada;
(v) Current Affairs and News;
(viii) Dance; and
(ix) other categories specified by ICICI Bank from time to time.
- “Content” shall mean articles, advice, opinions, statements, services, videos, photographs, workshops, event calendars, Contests and Offers, other information expressed or made related to the Categories, on the Club Website.
- “Contests” shall mean competitions promoted by the Club to its Members. All Contests are subject to terms and conditions.
- “Intellectual Property” shall mean and include any right, title or interest whatsoever in, to or over any of the trademarks, patents, service marks, designs, logos, copyrights, (whether registered or unregistered), including the right to file for registration.
- “Intellectual Property Rights” 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).
- “Member” means a person who has joined the Club by completing a registration on the Club Website. You do not have to be a customer of ICICI Bank to become a Member.
- “Member Content” shall mean contributions made by Members hosted on the Club Website in connection with the Categories.
- “Membership” shall mean the membership of the Member who registers on the Club Website for the purposes of reading, accessing or using the features of the Club Website.
- “Offers” shall mean promotions of ICICI Bank, its affiliates and / or third parties advertised on the Club Website. All Offers along with products and services to which they relate are subject to terms and conditions.
- “Club Website” means – www.IndianAtHeartClub.com.
2. MEMBER REGISTRATION
- Member agrees to provide true, accurate, current and complete registration information in the registration form on the Club Website and, if such information changes, agrees to promptly update such registration information.
- Registration in the Club by a Member, and participation by a Member in the activities of the Club is entirely voluntary, and shall be deemed as such by ICICI Bank.
- Member agrees not sell, transfer or assign the Membership.
- Member agrees to notify ICICI Bank immediately of any breach of security or unauthorized use of Membership.
3. ICICI BANK RIGHTS AND OBLIGATIONS
- ICICI Bank shall in its sole discretion, determine and select the Content on the Club Website.
- The content of the Club Website is intended to disseminate information, entertainment and promotions only. ICICI Bank does not provide any representation, warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Content for any particular purpose.
- The Club Website may include Content posted by third parties. Any opinions, advice, statements, services, advertisements, offers or other information expressed or made available through the Club Website by third parties, including information providers, are those of the respective authors or distributors, and not of ICICI Bank. ICICI Bank does not endorse, and is not responsible for the accuracy, timeliness, completeness, usefulness or reliability of any opinions, advice, statements, services, advertisements, offers or other information expressed or made on the Club Website by such third parties. ICICI Bank does not advocate the use of any product, service or procedure described on the Club Website by the third party, and ICICI Bank shall have no liability whatsoever in connection with such product, service or procedure.
- ICICI Bank may provide Member’s with the ability to interact on the Club Website using their social media accounts, such as Facebook or Twitter. These features may enable integration and/or access to the Member’s social media accounts. ICICI Bank does not control such social media accounts, Member profiles or privacy settings on such accounts, or establish rules about how personal information on such accounts will be used.
- ICICI Bank may record live workshops for the purposes of promoting future workshops or otherwise. Member agrees and consents to ICICI Bank recording or filming their participation in live workshops.
- ICICI Bank shall have the sole right to remove, reschedule, suspend or cancel Content and / or Member Content from the Club Website in its sole discretion for any or no reason without notice and without liability.
4. REPRESENTATIONS, WARRANTIES AND COVENANTS OF MEMBER
- Member represents, warrants and covenants the following in connection with Member Content to be submitted by them (i) they are solely responsible for Member Content, (ii) Member Content shall be their original work and that they own all the rights, including copyrights, publicity, personality and privacy rights, in relation to the same, or that they have obtained all necessary rights, licenses, consents and permissions to use, and to authorize ICICI Bank and other Members to use the Member Content they have submitted on the Club Website, (iii) shall not violate the rights of any third party, including but not limited to copyrights, privacy rights, publicity rights, personality rights, trademarks and/or any other Intellectual Property Rights, (iv) Member Content shall not be defamatory, invasive of someone’s privacy, objectionable, blasphemous, pornographic, or otherwise unlawful in any manner whatsoever, and (v) to waive any moral rights in and grant a non-exclusive, sub-licensable, transferable, assignable, perpetual, worldwide, royalty-free and irrevocable license to ICICI Bank to use, copy, publish, release, edit, reproduce, display, create derivative works, delete or remove any derogatory or defamatory content, print, translate, sub-license, distribute and/or otherwise exhibit, your entry and / or any content forming part of the Member Content, in any manner and / or for any purpose as ICICI Bank may solely determine, without attributing the same to the Member.
- Member acknowledges and agrees (i) they shall not acquire or claim any title on any Intellectual Property of ICICI Bank by virtue of the rights granted to them under these Terms or through their use of the Club Website, (ii) not at any time, do or omit to do, anything which is likely to prejudice ICICI Bank's ownership of its Intellectual Property Rights, and (iii) they have not acquired at any time hereafter nor shall they claim or assert any right, title or interest whatsoever in, to or over any of Intellectual Property belonging to ICICI Bank.
- Member agrees to accept sole responsibility for all activities that take place under their Membership, whether or not the Member has authorized such activity.
- Member agrees not to photograph or record live workshops without ICICI Bank’s prior consent.
- Member shall at their own risk use the Content on the Club Website. In all instances, it is the Member’s responsibility to obtain required permission, evaluate the accuracy, timeliness, completeness, or usefulness of the Content, as it applies to them. Any disclosure by Member on Club Website of information, personal or otherwise, shall be at the Member’s own risk.
- Member agrees to cooperate fully with ICICI Bank in the defense of any claim that is the subject of the Member obligations hereunder.
6. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
- All ICICI Bank Intellectual Property including but not limited to “ICICI Bank” logo, technology, images, software, the “look and feel” of the Club Website, the compilation, assembly and arrangement of the materials of the Club Website, Content (other than Member Content and Content supplied by third parties) are Intellectual Property of ICICI Bank or used under license.
- The Intellectual Property Rights relating to Content of third parties, hosted on the Club Website shall be the exclusive property of such third parties.
- Unless otherwise expressly specified, nothing contained in these Terms shall be construed as granting or implying any transfer of any Intellectual Property Rights (including license rights) ICICI Bank to a Member.
7. LIMITATION OF LIABILITY
a) Member acknowledges and agrees that ICICI Bank shall not be responsible or liable, in any manner whatsoever, for (i) anything submitted by them on the Club Website (including but not limited to information, personal or otherwise, that a Member discloses or communicates in forums, such as message boards, comments/reviews section, communities and other interactive forums available as part of the Club Website), or use of such submission by ICICI Bank, (ii) any third party claims, demands, suits, actions, proceedings, losses, damages, obligations, costs and expenses, or any dispute between persons accessing the Club Website or between persons accessing the Club Website and any third party which has provided Content on the Club Website, (iii) opinions, advice, statements, services, advertisements, offers or other information expressed or made available through the Club Website by third parties, (iv) use by a Member of the Content on the Club Website or the accuracy, timeliness, completeness, or usefulness of the Content, as it applies to them, (v) removal, rescheduling, suspension or cancellation of Content and / or Member Content from the Club Website, (vi) termination or suspension of a Member’s Membership or blocking access to the Club Website, (vii) if access the Club Website 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, or (viii) any acts or omissions by any social media service provider or a Member’s use of features on their platforms. Member further acknowledges and agrees that under no circumstances shall ICICI Bank be liable to Member for any direct, indirect, incidental, consequential, special or exemplary damages, even if ICICI Bank has been advised of the possibility of such damages.
b) Member acknowledges that Content may contain inaccuracies or errors and ICICI Bank expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by Applicable Law.
- Member agrees that ICICI Bank reserves the right in its sole discretion and at any time without notice to terminate or suspend Membership and / or to block access to the Club Website for any reason, without limitation.
- Member may terminate Membership at any time by sending an e-mail to firstname.lastname@example.org. Termination requests shall be processed within 10 days.
- Any suspension or termination of Membership shall not affect a Member’s obligations to ICICI Bank under these Terms. The provisions of these Terms which by their nature survive the suspension or termination of Membership shall include section 4, 5, 6, 7, 8, 9, and 10.
- Member agrees that upon termination of Membership, Member shall immediately discontinue use of the Club Website.
- Member acknowledges and agrees that upon termination of Membership, ICICI Bank may, in its sole discretion retain or remove the submissions made by the Member that are on the Club Website.
- Member shall, at its own expense, fully indemnify, defend and hold harmless ICICI Bank and its officers, directors, employees, representatives, successors, agents, partners, and affiliates from and against any and all claims, demands, suits, actions, proceedings, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) access to or use of the Club Website; (ii) use of Member Content (iii) any actual or alleged violation or breach by Member of these Terms (iv) any actual or alleged breach of Member’s representations, warranties and covenants, (v) Member’s acts or omissions, (vi) any unauthorized use of the Club Website, and (vii) any dispute between persons accessing the Club Website or between persons accessing the Club Website and any third party which has provided the content on the Club Website.
10. GOVERNING LAWS, JURISDICTION AND DISPUTE RESOLUTION
a) These Terms shall be construed in accordance with the laws of the Province of Ontario and of Canada. The courts of the Province of Ontario shall have the exclusive jurisdiction over the subject matter of any suit, action or proceeding arising out of or in connection with this Terms or the Club. Member irrevocably and unconditionally attorns and submits to the jurisdiction of such courts and waives and agrees not to raise any objection now or hereafter to the bringing of any such suit, action or proceeding in any such court including, without limitation, any objection that the place where such court is located is an inconvenient forum or that there is any other suit, action or proceeding in any other place relating in whole or in part to the same subject matter. Member agrees that any judgment or order in any such suit, action or proceeding brought in such a court shall be conclusive and binding and consents to any such judgment or order being recognized and enforced in any courts, by registration or homologation of such judgment or order, by a suit, action or proceeding upon such judgment or order, or any other means available for enforcement of judgments or orders, at the option of ICICI Bank, provided that service of any required process is effected as permitted by law. Nothing in this section shall restrict the bringing of any such suit, action or proceeding in the courts of any other jurisdiction.
b) Member agrees that internal complaints will be handled according to ICICI Bank’s dispute resolution procedure, which is outlined at http://www.icicibank.ca/legal/filing_complaint.htm. A copy of this procedure can also be obtained from any ICICI Bank branch. ICICI Bank’s dispute resolution procedure provides the contact information and dispute resolution procedures for the Ombudsman for Banking Services and Investments, the Financial Consumer Agency of Canada, and the Office of the Privacy Commissioner of Canada.
The content of this website is intended to disseminate information, entertainment and promotions only. ICICI Bank Canada does not provide any representation, warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the content for any particular purpose. Nothing on this website is intended to constitute legal, tax, financial or investment advice. Any reliance placed on content is therefore strictly at one’s own risk.
The website may contain hyperlinks and / or advertisements of third parties that are not owned or controlled by ICICI Bank. ICICI Bank Canada does not endorse or assume any responsibility for any such third party sites, information, materials, products, or services, and access of such third party sites, information, materials, products, or services is therefore strictly at one’s own risk.
ICICI Bank is not responsible nor shall be held liable for any access or use of third party sites, information, materials, products, or services.
Membership of the Indian at Heart Club and all products and services of ICICI Bank Canada are subject to terms and conditions. The ICICI Bank and Indian@Heart Club™ name and logo are trademarks of ICICI Bank Limited and used under license. If you do not wish to receive promotional emails from Indian@Heart Club™, kindly change your preference by going to the profile section after log in and change your preference. Your request will be processed within 15 business days.