Part - A
Terms and Conditions (called "Terms" or "Terms and Conditions")governing use of this website ("Website", located at url www.iciciprulife.com) of ICICI Prudential Life Insurance Company Limited
1. General Information
1.1. Registered Office
ICICI PruLife Towers, 1089, Appasaheb Marathe Marg,
Prabhadevi, Mumbai 400025.
Tel: +91 22 5662 1600
Fax: +91 22 2422 8955
1.2. Copyright Notice
1.2.1. Unless otherwise acknowledged, the entire IPR (Intellectual Property Rights) in the Website and contents thereof absolutely vests in ICICI Prudential Life Insurance Company Limited. Copyright © 2000, ICICI Prudential Life Insurance Co. Ltd. All rights reserved. Please refer to detailed terms on Intellectual Property Rights elsewhere in this document.
2. Definitions In this Terms and Conditions document, the following words and phrases have the meanings set opposite them unless the context indicates otherwise:
2.1 Account Transaction means and refers to:
2.1.1 In the case of the Customer, carrying out one or more transactions of following nature by the Customer by accessing his Customer Account through a Customer ID and Customer Password:
22.214.171.124 Request for change in his address and other contact details in relation to Policy (ies) held by the Customer.
126.96.36.199 Give request to switch his investment funds, wholly or in part, from one or more investment funds to other investment fund(s) or re-direct premiums in relation to his unit linked insurance policy.
188.8.131.52 Carry out such other online requests or transactions facility for which may be provided by ICICI Prudential from time to time.
2.1.2 In case of Advisor, carrying out one or more transaction of following nature by the Advisor :
184.108.40.206 Request for change in his address, contact numbers and other contact details of the Advisor.
220.127.116.11 Carry out such other online transactions as may be facilitated by ICICI Prudential.
2.2 Advisor means a life insurance agent of ICICI Prudential who has a valid and subsisting insurance agency agreement with ICICI Prudential.
2.3 Advisor Account means the account accessible by an Advisor on the Website by using the Advisor ID and the Advisor Password for availing Facility.
2.4 Advisor ID means the unique user identification provided to an Advisor by ICICI Prudential to enable access to the Advisor Account.
2.5 Advisor Password means the unique authentication password used by Advisor for accessing the Advisor Account.
2.6 Affiliate of ICICI Prudential means and include:
For the purpose of this definition of Affiliate, "control" together with grammatical variations when used with respect to any Person, shall include right to appoint majority of the directors or to control the management or policy decisions by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner and "Person" means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever.
2.7 Alerts means information in the nature of reminder or flash information sent by e-mail to the registered email id, or sent by physical letter to the Customer’s address or posted in the Customer Account or Advisor Account or sent to the Customer in any other mode.
2.8 Customer means a Policyholder of ICICI Prudential or person who has applied for a policy of ICICI Prudential by submitting a proposal form or a person who has expressed interest in any of the products or policies of ICICI Prudential.
2.9 Customer Account means the account accessible by a Customer on the Website by using the Customer ID and the Customer Password.
2.10 Customer ID means the unique user identification provided to a Customer by ICICI Prudential to enable access to the Customer Account.
2.11 Customer Password means the unique authentication password used by Customer for accessing his Customer Account.
2.12 Facility on the Website shall mean and include all or any of the following:
2.12.1 In the case of Visitors, general access to the Website, general information about ICICI Prudential and its products including downloadable proposal forms for the same, information on premium rates and ascertaining premium rates, registering for Alerts offered on the Website and such other facilities as may be offered from time to time on the Website for the general public;
2.12.2 In the case of Customers:
18.104.22.168 Carrying out Account Transaction;
22.214.171.124 Getting / viewing / downloading Alerts, information concerning Policy(ies) including regarding premium payments on Policy(ies), generating unit statements in case the Customer has a unit linked insurance plan, net asset value / unit value of units, premium notices / receipts, general information on insurance, product details, status of policies applied for, submit request or complaint or suggestions, and such other facilities as ICICI Prudential may provide in future.
126.96.36.199 Where Customer is visiting the general area of the Website, facilities as given in clause 2.12.1 above.
2.12.3 In the case of Advisor:
188.8.131.52 Carrying out Account Transaction
184.108.40.206 Getting / viewing / downloading information regarding or concerning Alerts, proposals of insurance logged by Advisor, including status of such proposals, Policies issued against proposals logged by the Advisor, and status of such policies, commissions on Policies issued against proposals logged by the Advisor, information pertaining to the Policyholders solicited by him, commission tables, Benefit illustrations, advisor club membership details, submit request for redemption of points under his advisor club membership, and other facilities as may be offered to Advisors by ICICI Prudential from time to time on the Website.
220.127.116.11 Where Advisor is visiting the general area of the Website, facilities as given in clause 2.12.1 above.
2.12.4 Such other Facility as may be introduced from time to time for all or any of Visitor, Customer and / or Advisor. For sake of clarity, the Visitor, Customer and / or Advisor will not have a right to demand and ICICI Prudential will not have an obligation to provide the above Facilities or any of them, and the same shall be provided only on best effort basis and at the absolute discretion of ICICI Prudential.
2.13 ICICI Bank means ICICI Bank Limited, a company incorporated under the Companies Act, 1956 and having its Registered Office at Landmark, Race Course Circle, Vadodara 390 007.The term shall include the successors and / or assigns of ICICI Bank.
2.14 ICICI Prudential or We means ICICI Prudential Life Insurance Company Limited, a company incorporated under the Companies Act, 1956 and licensed under and in terms of the Insurance Act, 1938 and the Insurance Regulatory and Development Authority Act, 1999 to carry out the business of life insurance and having its Registered Office at ICICI Prulife Towers, 1089, Appasaheb Marathe Marg, Prabhadevi Mumbai - 400025. The term shall include the successors and / or assigns of ICICI Prudential.
2.15 Personal Information means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
2.16 Policy means the policy of life insurance of ICICI Prudential (individual or group) including policy for pension and annuity products.
2.17 Policyholder means a person who holds a Policy of ICICI Prudential.
2.18 Terms or Terms and Conditions means these terms and conditions for availing the Facility and use of the Website.
2.19 Visitor means any person having general access (whether with or without the need to supply his identification particulars) to the Website.
2.20 Website means the website accessed through domain name or located at URL "www.iciciprulife.com", through which the Facility is offered to the Visitors, Customers and the Advisors.
2.21 You means the Visitor, Customer or the Advisor, as the case may be, and the word 'Your' will be construed accordingly.
2.22 Interpretation - In the Terms and Conditions, all references to the Visitor, Customer and Advisor being referred to in masculine gender shall be deemed to include the feminine gender; singular includes plural and vice versa; and the word "includes" should be construed to also mean "without limitation".
3 Applicability of Terms - These Terms and Conditions, in so far as they refer to the Visitor, Customer and the Advisor form the contract and agreement between the Visitor /Customer/Advisor and ICICI Prudential unconditionally.
4 Right To Alter The Services - The Facility shall be offered at the discretion of ICICI Prudential. ICICI Prudential reserves the right to add, amend, revise, suspend or cancel in whole or in part any of the services which are part of the Facility, without any prior notice to the Visitor, Customer or Advisor. Any addition, amendment, revision, suspension or cancellation shall be effective and binding on the Visitor, Customer and the Advisor. ICICI Prudential may introduce new services (forming part of Facility) on the Website from time to time. The existence and availability of the new services as part of the Facility will be notified on the Website as and when they become available and any revision in the Terms and Conditions will take place in accordance with these Terms and Conditions without any prior notice.
5 Terms of usage of the Website by You:
5.1 Acceptance of the Terms - As a condition of accessing the Website and usage of the Facility, You unconditionally and absolutely acknowledge and accept the Terms and Conditions in its entirety. You hereby represent and warrant to the Company that You are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that You agree to be bound by the following terms and conditions.
5.2 Information and Advice - The availability of the information, advice and the guidance if any on the Website does not constitute a recommendation (unless indicated otherwise) and is not a solicitation (unless indicated otherwise) by ICICI Prudential or any of their personnel or the experts used by ICICI Prudential for buying Policies.
5.3 Views or recommendations or opinions of experts posted on the Website represents their personal views unless indicated otherwise and the Company does not authenticate or endorse the said views, recommendations or opinions.
5.4 Any decision to purchase any Policy will be based solely on Your own evaluation of the Policy(ies) of ICICI Prudential, financial and personal circumstances and needs.
5.5 While adequate care would be taken to ensure completeness and accuracy of the information/services provided, neither ICICI Prudential nor any of their personnel or any expert invited by ICICI Prudential for the Website shall in any circumstance be liable for any loss or damage (including any incidental or consequential loss or damage) caused by Your reliance on information or services obtained through the Website. It is Your sole responsibility to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Website and You should consult Your own legal counsel, business Advisor and / or tax Advisor as to the legal, business, tax and related matters concerning any Policy with respect to which guidance is sought or given with reference to its own unique situation.
5.6 You shall be responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required at Your end for accessing and using the Website for Facility, and for all communications service fees and charges incurred by You in accessing the Website or availing the Facility.
6 Terms of Usage of the Website with specific reference to the Customers:
6.1 Customer ID and Customer Password - The Customer would be able to access the Facility in regards to his Policy by using the Customer ID and the Customer Password, including to request for Account Transactions.
6.2 Subject to the Terms and Conditions, ICICI Prudential shall take reasonable care to ensure the security of and to prevent unauthorized access to the account under a Customer ID.
6.3 Where the Customer Password is received by the Customer from ICICI Prudential, Customer undertakes to change the Customer Password immediately by logging into his Customer Account.
6.4 The Customer confirms and agrees that he will be the sole and exclusive owner and is the only authorised user of his Customer ID and the Customer Password and accepts sole responsibility for use, confidentiality and protection of the Customer ID and the Customer Password as well as for all Account Transactions initiated through his Customer Account and shall ensure that the Customer password/s is/are not revealed to any third party or recorded in any written or electronic form.
6.5 If the Customer forgets / loses the Customer ID, he can request ICICI Prudential for informing his Customer ID. In case he forgets or loses his Customer Password, the Customer would be able to retrieve his Customer Password by following the procedure on the Website. Customer understands that his Customer Password are generated entirely through an electronic process and personnel of ICICI Prudential do not have an access to the Customer Password, and the Customer undertakes not to disclose the Customer Password to any person including employees or advisors of ICICI Prudential.
6.6 Notwithstanding generation of new Customer Password, the Customer shall be fully responsible and liable for all Account Transactions that are carried out by the use of the Customer ID or the Customer Password registered under the Customer.
6.7 Any Account Transactions authorised by using the Customer ID and Customer Password shall be deemed to be that of and initiated by the Customer and ICICI Prudential is not responsible for any mistake / error made by the Customer in keying in any details or data or any facts or figures. If third parties gain access to the services offered as part of the Facility through the use of the Customer ID and Customer Password, the Customer shall be deemed to be responsible and the Customer hereby indemnifies and holds harmless ICICI Prudential against any liability, costs or damages arising out of claims or suits by or against such third parties based upon or relating to such access and use.
6.8 It is the Advisor's responsibility to ensure that no unauthorised person has access to its computer unattended whilst accessing the Website.
6.9 ICICI Prudential would be entitled, at its sole discretion, to seek offline written or other confirmation from the Customer of any Account Transaction as it may deem fit to ascertain or verify the genuineness of request for Facility.
6.10 The Customer shall immediately notify ICICI Prudential in writing on the Customer becoming aware of any loss, theft or unauthorised use of the Customer ID and/or Customer Password; or any receipt by the Customer of confirmation of an Account Transaction which the Customer did not initiate or authorise; or any inaccurate information in relation to his Policy. If the Customer fails to notify ICICI Prudential immediately upon the Customer's knowledge when any of the above conditions occur, neither ICICI Prudential nor any of their officers, directors, employees, Advisors, Affiliates or subsidiaries can or will have any responsibility or liability to the Customer or to any other person whose claim may arise through the Customer with respect to any of the circumstances described above. Under no circumstances shall ICICI Prudential or anyone involved in creating, producing, delivering or managing the Facility be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the services which are part of the Facility, or out of any breach of any warranty.
7 Terms of usage of the Website with specific reference to the Advisors:
7.1 Advisor ID and Advisor Password - The Advisor would be able to access the Facility by using the Advisor ID and the Advisor Password, including to request for Account Transactions.
7.2 Where the Advisor Password is received by the Advisor from ICICI Prudential, he undertakes to change the Advisor Password immediately by logging into his Advisor Account.
7.3 Subject to the Terms and Conditions, ICICI Prudential shall take reasonable care to ensure the security of and to prevent unauthorized access to the account under an Advisor ID.
7.4 The Advisor confirms and agrees that he will be the sole and exclusive owner and is the only authorised user of his Advisor ID and the Advisor Password and accepts sole responsibility for use, confidentiality and protection of the Advisor ID and the Advisor Password as well as for all Account Transactions initiated through his Advisor ID and Advisor Password and shall ensure that the password/s is/are not revealed to any third party or recorded in any written or electronic form.
7.5 If the Advisor forgets / loses the Advisor ID, he can request ICICI Prudential for informing his Advisor ID. In case he forgets or loses his Advisor Password, the Advisor would be able to retrieve his Advisor Password by following the procedure on the Website. Advisor understands that his Advisor Password are generated entirely through an electronic process and personnel of ICICI Prudential do not have an access to the Advisor Password, and the Customer undertakes not to disclose the Advisor Password to any person including employees of ICICI Prudential.
7.6 Notwithstanding generation of new Advisor Password, the Advisor shall be fully responsible and liable for all Account Transactions that are carried out by the use of the Advisor ID or the Advisor Password registered under the Advisor.
7.7 Any Account Transactions authorised by using the Advisor ID and Advisor Password shall be deemed to be that of and initiated by the Advisor and ICICI Prudential is not responsible for any mistake / error made by the Advisor in keying in any details or data or any facts or figures. If third parties gain access to the services offered as part of the Facility through the use of the Advisor ID and Advisor Password, the Advisor shall be deemed to be responsible and the Advisor hereby indemnifies and holds harmless ICICI Prudential against any liability, costs or damages arising out of claims or suits by or against such third parties based upon or relating to such access and use.
7.8 It is the Advisor's responsibility to ensure that no unauthorised person has access to its computer unattended whilst accessing the Website.
7.9 ICICI Prudential would be entitled, at its sole discretion, to seek offline written or other confirmation from the Advisor of any Account Transaction as it may deem fit to ascertain or verify the genuineness of request for Facility.
7.10 The Advisor shall immediately notify ICICI Prudential in writing on the Advisor becoming aware of any loss, theft or unauthorised use of the Advisor ID and/or Advisor Password; or any receipt by the Advisor of confirmation of an Account Transaction which the Advisor did not initiate or authorise; or any inaccurate information in relation to his details, proposals or policies. If the Advisor fails to notify ICICI Prudential immediately upon the Advisor's knowledge when any of the above conditions occur, neither ICICI Prudential nor any of their officers, directors, employees, advisors, affiliates or subsidiaries can or will have any responsibility or liability to the Advisor or to any other person whose claim may arise through the Advisor with respect to any of the circumstances described above. Under no circumstances shall ICICI Prudential or anyone involved in creating, producing, delivering or managing the Facility be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the services which are part of the Facility, or out of any breach of any warranty.
8 Evidence Of Account Transactions
8.1 ICICI Prudential's own records of the Account Transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. More particularly, the record of ICICI Prudential generated by the Account Transactions, including the recording of the time of the Account Transactions shall be conclusive proof of the Account Transactions.
9 Legal Disclaimer
9.1 The Website is maintained by ICICI Prudential and Your use of the Website is subject to the Terms and Conditions and all applicable Indian laws. The Courts of Mumbai shall have exclusive jurisdiction over any disputes arising out of these terms and conditions. This Website is offered to You on the condition that You accept the Terms and Conditions contained herein without modification or reservation or qualification of or in respect of any of the terms, conditions and notices contained herein prior to using, accessing and browsing this Website, and also acknowledge that any other agreement between You and ICICI Prudential to the extent contrary to the Terms and Conditions are superseded and of no force or effect.
9.2 This Website may contain links to other websites, web pages and services. Your use of each such website, web page and services on any other website or web service is subject to the terms and conditions, if any, of the respective website or web service.
9.3 You hereby agree and confirm that You shall click on the links to and familiarize Yourself with the Terms and Conditions and other terms and guidelines found throughout this Website and abide by them.
9.4 You should assume that everything You see or read or hear or experience on the Website (including but not limited to directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, profiles, audio clips, video clips, trademarks, service marks and the like, (collectively " the Content") is copyrighted / protected by intellectual property rights laws unless otherwise mentioned and may not be used except as provided in these Terms and Conditions.
9.5 ICICI Prudential neither warrants nor represents that Your use of the Content will not infringe patent, copyright or any intellectual property rights or any other rights of third parties not owned by or affiliated with ICICI Prudential.
9.6 ICICI Prudential Life Insurance Company Limited is a joint venture between ICICI Bank Limited and Prudential, a company incorporated in the United Kingdom. Neither ICICI Prudential Life Insurance Company Limited, ICICI Bank Limited nor Prudential is affiliated with Prudential Financial Inc, a company whose principal place of business is in the United States of America.
10 Use of Website
10.1 The Website is deemed to be in use or is being accessed by You when it is loaded and/or continues to be loaded in temporary or permanent memory of Your computer or similar system or in the internet browser thereof.
11 Registration Obligations
11.1 In consideration for access to the Website and for Your use of the Facility, You agree to, if so required on the Website:
11.1.1 Provide true, accurate, current and complete information and data about Yourself and all other information as prompted or required by the Facility's registration or subscription form (such information being the " Registration Data"), and
11.1.2 Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times
11.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or not kept current, or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate the Facility including Your subscription or Your access to the Website (or any portion thereof). In the event that any untrue or inaccurate information or information not current or complete has formed the basis of any Account Transactions, the said transactions shall be either voidable at the option of ICICI Prudential, or wherever applicable or necessary, void. In the event of not providing true, correct and complete data and information Facility could fail or be deficient.
12 Restrictions on Use
12.1 You agree to use the Website strictly for Your personal use except in case of Insurance Advisors. You agree not to use this Website or the Facility for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree not to use, transfer, distribute or dispose of any information contained in the Website in any manner that could compete or conflict with the business interest of ICICI Prudential or otherwise compromise or imperil the interests of ICICI Prudential. You acknowledge that the Website has been developed, compiled, prepared, revised, selected and arranged by ICICI Prudential through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property of ICICI Prudential and may also include trade secrets of ICICI Prudential and such others. You agree to protect at all times the proprietary rights of ICICI Prudential and all others having rights in the Facility at all times and to comply with all reasonable written requests made by ICICI Prudential or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Website.
12.2 You agree to notify ICICI Prudential in writing promptly upon becoming aware of any unauthorized access or use of the Website by any party or of any claim that the Website infringes upon any copyright, trademark or other contractual, statutory or common law rights.
12.3 You may download and retrieve data from the Website on Your computer or similar system, print individual pages on paper, photocopy and store such pages in an electronic form on disk for Your exclusive personal use only. You further acknowledge that the entire intellectual property rights in the Website and the Facility continues to vest in ICICI Prudential absolutely and unconditionally and forever.
12.4 You shall not, except as permitted by the Terms:
12.4.1 Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, publish or create derivative works from or in any way exploit any of the Website / Facility in violation of the Terms and Conditions or the laws of any country.
12.4.2 Create a database in electronic or structured manual form by systematically downloading and storing the entire Website or part thereof save and except such information as relates or concerns You.
12.4.3 Rent, lease, sell, sublicense, or lend Your access to the Website and to the Facility.
12.4.4 Cache or permit caching by any person.
12.4.5 Do any act that violates ICICI Prudential's intellectual property rights in the Website or the Facility.
12.4.6 Engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any use.
12.4.7 Use the Website or the Facility to violate the security of any computer or computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
12.4.8 Run mail list or any form of auto-responder, or spam on Website or any processes that are run or are activated while You are not logged on or engage in any virus attack or denial of service attach or engage in any activity designed and/or intended to interfere with the working of Website/Facility for any duration of time.
12.4.9 Do any act or omission which is in contravention to applicable law or legal rights of any person.
12.5 ICICI Prudential is under no obligation and assumes no responsibility for any content being defamatory, libel, slander, falsehood, obscenity, pornography, profanity or danger posted on the Website by any unauthorized person. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or hate material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. ICICI Prudential will fully cooperate with any law enforcement authorities or court order requesting or directing ICICI Prudential to disclose the identity of anyone posting any such information or materials.
13 Disclaimer of warranties
13.1 You specifically agree that any acts of omission or commission caused by You under the foregoing paras would entitle ICICI Prudential to take suitable action against You and others engaged in such acts under civil, criminal and/or common law for damages and/or punishment. You agree to indemnify and keep ICICI Prudential indemnified at all times from all losses, damages, costs, expenses, loss of profits, loss of business, proceedings, actions, suits (including legal fees) caused to or suffered by ICICI Prudential or any third party as a direct or indirect consequence of Your actions or actions that are attributable to Your User ID, including due to breach of Terms, negligence and default.
13.2 You expressly agree that use of the Website is at Your sole risk. The Website is provided on an "as is" and "as available" basis.
13.3 Except as warranted in these Terms and Conditions, We expressly disclaim all warranties of any kind, whether express, implied, constructive 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 Facility.
13.4 We shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information, research, reports, analysis, quotes etc. in this Website or Facility or any part thereof.
13.5 We shall not incur any liability direct or indirect, to You or any third party, as a consequence of non-functioning of any equipment belonging to You, any third party or us. We shall not be responsible for any downtime of such equipment.
13.6 We do not warrant or guarantee that access to the Website and the Facility will be uninterrupted, timely, secure, or error free; nor do We make any warranty or guarantee as to the results that may be obtained from the Website or use of the Facility or as to the accuracy or reliability of the Facility.
13.7 We clarify that there is no warranty of title, authority or non-infringement in the Facility. We make no representations or warranties, either express or implied that the research, development, marketing, distribution, use or sale of the Facility will not infringe any patent, copyright or other right of any third party.
13.8 We make no warranty regarding the Account Transactions entered into through the Website. No advice or information, whether oral or written, obtained by You from or through the Facility or any person shall create any warranty not expressly stated herein.
13.9 We shall not be liable for any action taken by You based on or relying on the information provided in or by the Website.
13.10 We will not be liable for any virus that may enter Your system as a result of You using the Website / Facility. We make no warranty to You or third parties that the Website / Facility would be virus free. We will not be liable for any direct, incidental or consequential loss, which may be caused to You as a result of Your use of the Website / Facility.
13.11 If You are dissatisfied with the Website or any portion thereof, the Facility or with any of these Terms and Conditions, Your sole and exclusive remedy is to discontinue using this Website and availing Facility.
13.12 ICICI Prudential reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Website to reflect users' preferences.
13.13 The provisions of this clause shall survive the termination of this Terms and Conditions.
14 Limitation of liability
14.1 Under no circumstances, including but not limited to negligence, shall ICICI Prudential, its employees and directors, its suppliers, associates and its third party Advisors be liable to You for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of this Website, with the delay or inability to use this Website or any links or items on the Website, the provision of or failure to provide services, or for the Content obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or other wise, or for cost of procurement of substitute goods and repair and correction services or resulting from the use of this Website or obtained or messages received or transactions entered into through or from the Website or resulting from unauthorized access to or alteration of Your transmissions or data, even if We have been advised of the possibility of such damages
14.2 You agree that ICICI Prudential shall not be liable for any damages arising from interruption, suspension or termination of the Facility, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Applicable laws may not allow the limitation or exclusion of liability or incidental or consequential damages. However, in no event shall ICICI Prudential's liability to You for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by You, if any, for accessing the Website at and for the relevant time.
14.3 You agree that any cause of action arising out of or related to this website, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
15 Modification of these Terms and Conditions
15.1 ICICI Prudential has the absolute discretion to amend or supplement any of these Terms at any time. In the case of amendment or modification in the Terms and Conditions, where the Visitor, Customer or Advisor no longer wishes to use the Website on the new terms and conditions he is entitled to terminate the usage of the Website. In the case where there is no communication from the Customer or Advisor within a period of 15 days from the date on which the amendment or supplement is notified by display on the Website, the Customer or Advisor shall, by virtue of these Terms and without any further act, deed or writing on the part of any party, be deemed to have accepted the changed Terms & Conditions.
16.1 If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to any applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.
17.1 Notices under these Terms may be given by ICICI Prudential and the Visitor, Customer or Advisor in writing by delivering them by hand or by sending them by post to the last address given by the Visitor , Customer or Advisor or sending it to the email address of the said Visitor, Customer or Advisor and in the case of ICICI Prudential to the address mentioned on the Website.
17.2 In addition, ICICI Prudential may also publish notices of general nature, which are applicable to all Visitors, Customers and Advisors in a newspaper or on its Website. Such notices will have the same effect as a notice served individually to each of them.
17.3 In the case of hand delivery, cable, telex, facsimile notices or electronic communication, notices or instructions will be deemed served 7 days after posting or upon receipt as the case may be. Documents, which may be sent by electronic communication between the parties, may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Website. ICICI Prudential shall be deemed to have fulfilled any legal obligation to deliver any document if any such document is sent via electronic delivery. Any instructions received from the Visitor / Customer / Advisor by means of electronic delivery or by facsimile would be deemed to have been sent on paper.
18 Foreign Jurisdiction
18.1 ICICI Prudential accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Website can be accessed by a Visitor, Customer or Advisor in or from a country other than India would not mean that the laws of the said country would govern these Terms and/or the use of the Website by the Visitor, Customer or Advisor.
18.2 The Facility is being offered only to residents of India. Provided however that the Facility is not available to foreign residents including non-resident Indians ("NRI's") in foreign jurisdictions where the Facility cannot be offered without prior regulatory compliance. It shall be the sole responsibility of foreign residents including NRIs in foreign jurisdictions to verify whether the Facility can be accessed and utilized in their respective jurisdictions. The services which are part of the Facility do not constitute an offer to sell or a solicitation of an offer to buy any Policy to any person in any jurisdiction where it is unlawful to make such an offer or solicitation. Further, no information on the Website is to be construed as a representation with respect to any particular Policy of ICICI Prudential regarding the legality of an investment therein under the respective applicable investment, insurance or similar laws or regulations of any person or entity accessing this Website.
19.1 You agree that no joint venture, partnership, employment, or agency relationship exists or is intended to be created between ICICI Prudential and You as a result of these Terms and Conditions or Your use of Website.
19.2 ICICI Prudential's performance of Terms and Condition is subject to existing laws and legal process, and nothing contained in this Terms and Conditions is in derogation of ICICI Prudential's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of Website or information provided to gathered by ICICI Prudential with respect of such use.
19.3 You acknowledge that any rights not expressly granted herein are reserved.
19.4 These Terms and Conditions constitute the entire agreement between ICICI Prudential and You with respect to this Website and Facility and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between us with respect to this Website and the Facility.
19.5 The clause headings in these Terms and Conditions are for only for convenience and do not affect the meaning of the relative term.
19.6 ICICI Prudential may sub-contract and employ advisors to carry out any of its obligations under these Terms and Conditions. ICICI Prudential may transfer or assign its rights and obligations under this contract to any Affiliate.
19.7 All Account Transactions, which cannot be carried out instantaneously, would be carried out during working hours either on the same day or on the next working day or such further period as may be determined and/or specified by ICICI Prudential depending upon the time of logging of the transaction.
19.8 All Account Transactions shall be subject to applicable law including but not limited to Government notifications, the rules, regulations and guidelines issued by the Insurance Regulatory and Development Authority, the Reserve Bank of India, and those of other regulatory bodies defining rules/regulations governing the offer of any service under the Facility, if any, on which such transactions are executed and/or cleared by ICICI Prudential.
19.9 Where any information has been provided by You through a password protected module, You shall ensure the security of information and choose the passwords carefully.
19.10 To make the passwords complex and difficult for others to guess, You should use combination of alphabets, numbers and special characters (like !, @, #, $ etc.). You undertake not to disclose Your log-in ID and password to anyone or keep any written or other record of the log-in ID and password such that a third party could access it.
21 Other legal notices
21.1 All Policies may not be available in all jurisdictions.
21.2 Investments in unit linked plans are subject to market risks.
21.3 Insurance is the subject matter of the solicitation
21.4 Refer respective policy documents for risk factors and further details.
21.5 Past performance may not be a guide to future performance.
21.6 Where any benefits have been illustrated, the same are only illustrative returns, net of all charges. Your policy may offer variable returns. The illustrations show two different rates of assumed future investment returns. These assumed returns are not guaranteed and they are not the upper or lower limits of what You might get back, as the value of Your policy depends on number of factors including future investment performance.
21.7 The information on Policies provided on the Website is indicative of the terms, conditions, warranties and exceptions contained in the respective insurance policy. For further details, please refer to the policy document and product brochure
Part - B
Terms and Conditions (called "Online Terms" or "Online Terms and Conditions" governing online purchase of Policy on Website of ICICI Prudential Life Insurance Company Limited
1. Definitions: In this Part B, the following words and phrases shall have the meanings as set below unless the context indicates otherwise:
1.1 Affiliate has same meaning as in Part A of this document.
1.2 Customer means a person who has applied for a Policy.
1.3 Facility means facility to a Customer to purchase Policy online by conducting Transaction.
1.4 First Premium means the amount of initial or first premium payable by the Customer for purchase of a Policy.
1.5 ICICI Bank has same meaning as in Part A of this document.
1.6 ICICI Prudential or We has same meaning as in Part A of this document.
1.7 Online Terms or Online Terms and Conditions means these terms and conditions in Part B of this document for availing the Facility and use of the Website for the Facility.
1.8 Personal Information means all or any of the information of personal nature provided by the Customer to ICICI Prudential during the Transaction, and as updated from time to time.
1.9 Policy means the policy(ies) of life insurance of ICICI Prudential (individual or group) including policy for pension and annuity products which can be purchased online on the Website.
1.10 Policyholder means the person who holds a Policy.
1.11 Proposal Form refers to the form available on the Facility to be filled by the Customer for purchase of Policy while carrying out the Transaction. The Proposal Form will be the basis of Policy to be issued by the Company to the Customer.
1.12 Registered User means a Customer who has a Registered User Account on the Website.
1.13 Registered User Account means an exclusive account of a Customer created during the course of Transaction. Once the Registered User Account is created, it is accessible on the Website by logging using the Registered User ID and Registered User Password.
1.14 Registered User ID means the unique Registered User ID generated by the Customer for accessing his Registered User account.
1.15 Registered User Password means the unique authentication password generated by the Registered User for accessing his Registered User account.
1.16 Terms or Terms and Conditions means the terms and conditions for use of the Website as recited in Part A of this document.
1.17 Transaction means an online transaction (ie a transaction conducted on the internet) by a Customer for purchase of Policy on the Website.
1.18 Website has same meaning as in Part A of this document.
1.19 You refers to the Customer or Policyholder, as the case may be.
1.20 Interpretation - In the Terms and Conditions, all references to the Customer or Policyholder being referred to in masculine gender shall be deemed to include the feminine gender; singular includes plural and vice versa; and the word "includes" should be construed to also mean "without limitation".
2 Applicability of Online Terms: These Online Terms form the contract between the Customer / Policyholder and ICICI Prudential for Facility.
3 For purchase of a Policy,
3.1 the Customer will have to fill out the required Proposal Form while carrying out the transaction, and
3.2 the Customer will have to pay the First Premium either by (a) a credit card (in which case the payment will be routed through a payment gateway) (b) through ICICI Bank's payment facility called 'Infinity' in which the case the payment will be debited to the bank account of the Customer with ICICI Bank, or (c) by cheque (which will include DD or pay order). In case the payment option is 'cheque', the Customer agrees and confirms that the Cheque for First Premium will be handed over to the representative of ICICI Prudential.
3.3 By completing the Proposal Form and by completing the payment, and thereafter logging out of his Registered User Account, the Customer is aware and agrees and confirms that he has applied for purchase of Policy, and undertakes to be bound by the obligations created by the Transaction, including the pecuniary obligation, and will not have a right to annul or cancel the Transaction, and will not be able to request for apportioning the First Premium against any other amounts payable by the Customer to ICICI Prudential under any account whatsoever.
4 In addition to these Online Terms, the Customer agrees, confirms and understands that he will also be bound by and will have to observe the Online terms and conditions of the Policy as recited in the related policy document that will be issued to the Customer.
5 For the purpose of availing Facility, the Customer would need to have legal and valid access to the Internet which shall be procured at his own cost and efforts.
6 ICICI Prudential may keep its records of the Transactions in any form it wishes. In the event of any dispute, ICICI Prudential's records shall be binding as the conclusive evidence of the Transactions carried out through Internet in the absence of clear proof that ICICI Prudential's records are erroneous or incomplete.
7 ICICI Prudential is not obliged to provide facility for online premium payments or for conducting any transaction or submitting any request online or change of any Personal Information online by the mere fact that the Facility has been provided. Further services and facilities relating to Policy on 'online' mode will be provided only in the absolute discretion and as decided by ICICI Prudential.
8 The Policy cannot be issued to the Customer unless:
8.1 First Premium has been realized by ICICI Prudential. 'Realized' implies in the case of credit card payment / payment through Infinity, crediting of the First Premium to the account of ICICI Prudential and in case of cheque payment, realization of the instrument by ICICI Prudential.
8.2 The Customer has handed over to the representative of ICICI Prudential the signed Proposal Form (together with necessary supporting duly certified). However, ICICI Prudential in its discretion may decide to issue the policy document for Policy to the Customer without waiting for realization of cheque. In such case, in the event the cheque bounces or cannot be realized for any reason, the Policy will stand cancelled and be void ab-initio.
9 Illegal use: The Customer / Policyholder shall ensure that Website or Facility is not used for any purpose which is illegal, improper or which is not authorised under these Online Terms.
10 Unauthorised Access: The Customer / Policyholder shall take all necessary precautions to prevent unauthorized and illegal use of or unauthorized access to the Website / Facility. ICICI Prudential will take all commercially reasonable care to ensure the security of and to prevent unauthorised access to the Facility using commercially reasonable technology available in India to ICICI Prudential.
11 Registered User ID and Registered User Password for Facility:
11.1 The Registered User would be able to generate a Registered User ID and Registered User Password when he initiates the Transaction. As a safety measure, the Customer / Policyholder shall change the password as frequently thereafter as possible. In addition to Registered User ID and Registered User Password ICICI Prudential may, at its discretion, advise the Registered User to adopt such other means of authentication including but not limited to digital certification and/ or smart cards. The Registered User shall not attempt or permit others to attempt accessing the Registered User Account information stored in the computers of ICICI Prudential through any means other than the Facility accessible through the Registered User Account.
11.2 The Registered User unconditionally undertakes to have Registered User Password of such number of letters/digits as may be notified by ICICI Prudential from time to time (or if not notified, then have Registered User Password of sufficient length and complexity) and ensure that the same is kept confidential; and to not let any unauthorised person have access to the internet while the Registered User is accessing the Facility or otherwise. If the Registered User forgets the Registered User Password, the Registered User may request for the issue of a new password by sending a request to ICICI Prudential and this shall not be construed as the commencement of a new contract. Any such new password will upon issue become the Registered User Password.
11.3 The Registered User acknowledges, represents and warrants that the Registered User Password which will be issued to it, provides access to the Registered User Account and that Registered User will be the sole and exclusive owner and is the only authorised Registered User of the Registered User Password and accepts sole responsibility for use, confidentiality and protection of the Registered User Password, as well as for Transaction thereunder.
12 The Registered User grants express authority to ICICI Prudential for carrying out Transaction authenticated by such Registered User Password. The Registered User agrees and acknowledges that ICICI Prudential shall in no way be held responsible or liable if the Registered User incurs any loss as a result of information being disclosed by ICICI Prudential regarding his Policy or carrying the instruction of the Registered User and the Registered User shall fully indemnify and hold harmless ICICI Prudential and the Affiliates in respect of the same. The Registered User 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 Registered User shall comply with such guidelines, instructions or terms as ICICI Prudential may prescribe from time to time with respect to the Registered User Password.
13 ICICI Prudential reserves the right to charge and recover from the Registered User service charge for providing the Facility. The charge can be recovered alongwith or in addition to the First Premium through the payment mode chosen by the Registered User.
14 The Registered User accepts that he will be responsible for keying in the correct account or card number for the fund transfer / credit card payment request. In no case, ICICI Prudential will be held liable for any erroneous transactions incurred arising out of or relating to the Customer entering wrong account or card numbers.
15 The Registered User understands that the credit card details (where First Premium is paid by credit card) is not stored on ICICI Prudential's servers, and accordingly ICICI Prudential is not responsible for the security and / or safety of the card number or for any transaction under the card.
16 Any instruction, order, direction, request entered using the Registered User ID and Registered User Password of the Registered User shall be deemed to be an instruction, order, directive, request received from the Registered User. All instructions, requests, directives, orders, directions, entered by the Registered User, either electronically or otherwise, are based upon the Registered User's decisions and are the sole responsibility of the Registered User. The Registered User understands that entering an instruction, direction, order, request with ICICI Prudential, either electronically or otherwise, does not guarantee execution of such instruction, direction, order, request.
17 Accuracy of Information : The Registered User is responsible for the correctness of information supplied to ICICI Prudential for use of Facility. ICICI Prudential accepts no liability for the consequences arising out of erroneous information supplied by the Registered User. If the Registered User notices an error in the information supplied either in the Proposal Form or in any other communication, he shall immediately advise ICICI Prudential which will endeavour to correct the error wherever possible on a "reasonable efforts" basis.
18 Liability of the Registered User and ICICI Prudential: Neither ICICI Prudential nor the Affiliates shall be liable for any unauthorised transactions occurring through the Facility and the Registered User hereby fully indemnifies and holds ICICI Prudential 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 Prudential shall under no circumstance be held liable to the Registered User if the Facility 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 Prudential. Under no circumstances shall ICICI Prudential 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 Registered User or by any other person. Illegal or improper use of the Internet Banking shall render the Registered User liable for payment of financial charges as decided by ICICI Prudential or will result in suspension of the operations through the Internet Banking.
19 Disclaimer of Warranties: The Disclaimers as given in the Terms and Conditions (being Terms and Conditions for usage of Website in Part A) will apply as if explicitly incorporated in these Online Terms. The Website is provided on an "as is" and "as available" basis.
20 Indemnity: In consideration of ICICI Prudential providing the Registered User the Facility, the Registered User shall, at his own expense, indemnify and hold ICICI Prudential, its directors and employees, representatives, agents and/or the Affiliates, as the case may be, indemnified against all losses and expenses on full indemnity basis which ICICI Prudential may incur, sustain, suffer or is likely to suffer in connection with ICICI Prudential or Affiliates' execution of the Registered User's instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason Registered User's usage of Facility for any action taken or omitted to be taken by ICICI Prudential and /or the Affiliates, its officers, employees or agents, on the instructions of the Registered User. The Registered User will pay ICICI Prudential and /or the Affiliates such amount as may be determined by ICICI Prudential and/or the Affiliates to be sufficient to indemnify it against any such, loss or expenses even though they may not have arisen or are contingent in nature.
21 The Registered User agrees, at its own expense, to indemnify, defend and hold harmless ICICI Prudential, its directors and employees, representatives, agents, and its Affiliates against any claim, suit, action or other proceeding brought against ICICI Prudential, its directors and employees, representatives, agents, and Affiliates by a third party, to the extent that such claim, suit, action of other proceeding brought against ICICI Prudential, its directors and employees, representatives, agents, and Affiliates is based on or arises in connection with (a) the Registered User's use of Facility in violation of the Online Terms or Terms and Conditions as given in Part A or any other law prevailing in India (b) any misrepresentation or breach of representation or warranty made by the Registered User contained herein; or (c) any breach of any covenant or obligation to be performed by the Registered User hereunder. The Registered User agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
22 The Registered User hereby agrees that under no circumstances, ICICI Prudential's aggregate liability for claims relating to the Facility, whether for breach of in tort (including but not limited to negligence) shall be limited to the First Premium.
23 The Terms and Conditions as applicable to the Website generally and as given in Part A shall also apply for usage of Facility unless inconsistent with any Online Terms.