Terms & Conditions
- ICICI BANK LIMITED, NEW YORK BRANCH
- OVERVIEW OF REMITTANCE TRACKING FACILITY
- FEES AND CHARGES
- ELIGIBLE USERS
- REGISTRATION INFORMATION
- ACCEPTABLE USE
- LIMITATIONS OF OFFERINGS
- FACILITIES PROVIDED BY THIRD PARTIES
- TERMS OF SPECIFIC FACILITIES
- PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
- USE OF INFORMATION
- NO AGENCY OR BANKING RELATIONSHIP
- SUSPENSION OR TERMINATION OF ACCESS
- GOVERNING LAW AND JURISDICTION
- NO WAIVER
- DEFINITIONS AND INTERPRETATIONS
ICICI BANK LIMITED
1.1 ICICI BANK LIMITED, NEW YORK BRANCH (“ICICI Bank NY”) is a federally-licensed branch of ICICI BANK LIMITED (“ICICI Bank”), an Indian company incorporated under the Companies Act, 1956 and licensed as a bank under the Banking Regulation Act, 1949. ICICI Bank currently has its registered office at Landmark, Race Course Circle, Vadodara, Gujarat, India- 390 007 and its corporate office at ICICI Bank Towers, Bandra Kurla Complex, Mumbai, India- 400 051.
1.2 ICICI Bank NY is subject primarily to the regulation and supervision of the Office of the Comptroller of the Currency, and the laws and regulations applicable to uninsured, federally-licensed branches of foreign banks in the United States.
1.3 ICICI Bank NY owns and maintains the Website (as defined herein) and offers a Registered User (as defined herein) access to and use of the Website and the opportunity to access and use the Facilities subject to these Terms and Conditions (the “Terms and Conditions”).
1.4 These Terms and Conditions are effective as of [June, 2017], and supersede any prior versions hereof, and govern the terms under which you may access and use this Website and any of the Facilities (as defined herein). Capitalized terms, which are used in these Terms and Conditions and not defined elsewhere, shall have the meanings assigned to them under the Section of these Terms and Conditions.
1.5 Do not access or use the Website or Remittance Tracking Facility if you do not agree to be bound by these Terms and Conditions. By virtue of continuing to access and use the Website and/or Remittance Tracking Facility, you are agreeing to the Terms and Conditions in effect at such time. The Terms and Conditions may be updated from time to time by posting the updated Terms and Conditions on this Website. If any of the Terms and Conditions is not acceptable to you, unless otherwise stated herein, your sole and exclusive remedy is to discontinue using the Website and Remittance Tracking Facility.
OVERVIEW OF REMITTANCE TRACKING FACILITY
2.1 The Remittance Tracking Facility (as defined below) made available by ICICI Bank NY on the Website and further described below and elsewhere on the Website, among other things, provides a Registered User with a technology platform to record remittance requests, track the status of orders and manage electronic communications relating to a remittance that is transmitted and disbursed by ICICI Bank to a bank or other account in India as instructed by the Registered User using regular international banking channels that involve correspondent banking relationships that ICICI Bank-NY maintains with financial institutions in the United States. No banking relationship is either intended or created, hereby or thereby, between the Registered User and/or the recipient of the remittance of the one part and ICICI Bank or its affiliates of the other part. In order to access or use the Facilities described above, it is mandatory that the Registered User is a customer of a financial institution in the United States. Further, the Registered User should make the transaction from the Registered user’s own account maintained with his/her bank in the United States for personal banking purposes only with the same account name as registered on the Website.
FEES AND CHARGES
3.1 ICICI Bank NY may set its own fees and charges for Facilities (including the Remittance Tracking Facility) and may revise them at any time. The availability of Facilities displayed or offered on or through the Website is subject to change without prior notice. Nothing contained on the Website constitutes an offer, promise or commitment to grant or provide any Facility. While ICICI Bank NY endeavors to post accurate and updated information on the Website, the Registered User must verify the same before taking any action or entering into any transaction.
3.2 When a Registered User makes a request to use the Remittance Tracking Facility using the Power Transfer option (as described on the Website), such Registered User will request the Registered User’s financial institution in the United States to initiate a wire transfer to ICICI Bank NY’s correspondent bank to fund the remittance. ICICI Bank NY does not control and is not responsible in any manner for any fees or charges, if any, that may be imposed by any such financial institution(s) or any other third parties in connection with the wire transfer. When a Registered User makes a request to use the Remittance Tracking Facility using the E-Transfer option (as described on the Website), ICICI Bank NY does not control and is not responsible in any manner for fees or charges, if any, that may be imposed on the Registered User by the Registered User’s financial institution in connection with the ACH debit processed as part of an E-Transfer.
3.3 Registered Users acknowledge and understand that ICICI Bank NY may make a profit when funds remitted by a Registered User are converted by ICICI Bank NY. For transactions scheduled five (5) or more business days in advance, the foreign exchange conversion rate shown for the calculation on the Website is only an estimate, intended to help the Registered User arrive at an approximate Indian Rupees equivalent amount that the Beneficiary recipient will receive and it in no way guarantees or represents the foreign exchange conversion rate that will actually be applied to the funds sent by the Registered User. ICICI Bank NY will convert U.S. Dollars to Indian Rupees, and will apply the foreign exchange conversion rates prevailing on the day of conversion.
3.4 Neither the Registered User nor the Beneficiary/ recipient will be entitled to any interest for the period during which the funds to be remitted are with ICICI Bank NY, are in the course of remittance, or for any other period. Registered Users acknowledge and understand that, in providing the Remittance Tracking Facility, ICICI Bank NY may earn interest on funds remitted between the time that the foreign currency is remitted and the time that it is disbursed to the Beneficiary bank or other account in India.
4.1 In order to access and use the Website and the Remittance Tracking Facility, the Registered User must be an individual who is at least 18 years of age and has the capacity to enter into legally binding contracts under applicable U.S. laws.
5.1 Only limited access to the Website is available to non-Registered Users. Non-Registered Users are not permitted to access the Remittance Tracking Facility. In order to obtain increased access to the Website and in order to access and use the Remittance Tracking Facility, a person must register on the Website as a Registered User. Subject to the other Terms and Conditions, upon registration as a Registered User, the Website will record the relevant Registered User ID and Registered User Password. The Registered User hereby agrees that he/she shall not register more than once on the Website.
5.2 The Registered User agrees to provide true, accurate, current and complete information, as prompted by the registration form on the Website, and to update this information to keep it true, accurate, current and complete at all times. If, in the judgment of or to the knowledge of ICICI Bank NY, any information provided by the Registered User is untrue, inaccurate, not current or incomplete, ICICI Bank NY retains the right to terminate the Registered User's registration and refuse the Registered User access to or use of the Website or any Facilities, including the cancellation of pending transactions. ICICI Bank NY reserves the right to request that the Registered User, at any time and from time to time, provide additional information and/or proof of authenticity of any information; the Registered User’s continued access to the Website and the Facilities, including the completion of any ongoing transaction, may be subject to the receipt by ICICI Bank NY of such additional information or proof thereof.
5.3 The Registered User is responsible for maintaining the secrecy and confidentiality of his/her Registered User IDs and Registered User Passwords (which term includes T-PINs) and will be liable for all transactions and activities that occur under the Registered User's ID and using the Registered User’s Password, including any unauthorized use or misuse of such Registered User ID and/or Registered User Password and ICICI Bank NY shall have no obligation to verify the authenticity of any such transaction or activity. In consideration of ICICI Bank NY agreeing to provide the Remittance Tracking Facility as per the Terms and Conditions, the Registered User hereby agrees unconditionally to indemnify ICICI Bank NY and hold ICICI Bank NY harmless against any liability, costs, damages, claims, suits, and proceedings based upon or relating to such unauthorized access and use. Without prejudice to the aforesaid, the Registered User agrees to log out from his or her Registered User Account at the end of each session and to immediately notify ICICI Bank NY via Email Us, or through the Call Center, or registered mail of any suspected loss, theft, unauthorized usage of the Registered User ID or Registered User’s Password, any other breach of security, or any receipt by the Registered User of confirmation of a transaction, funds or other activity which the Registered User did not authorize; or any inaccurate information in the Registered User's account balances or transaction history.
5.4 If the Registered User forgets his/her Registered User Password, ICICI Bank NY may, subject to verification and ICICI Bank NY’s satisfaction as to the Registered User’s identity, send the Registered User the prevailing Registered User ID to his/her registered email address provided by the Registered User at registration. However, the Registered User Password would not be sent via email. The Registered User is required to generate a new temporary password through his Registered User ID on the Website. In the latter event, the Registered User must change the temporary password as soon as it is received, and until such time this password shall be deemed to be the Registered User's Password and the Registered User will be responsible and liable for all transactions pursuant thereto.
5.5 To the extent permissible by applicable law, ICICI Bank NY shall have the right (but not the obligation) to require the Registered User to communicate instructions and authorize and execute transactions and other activities by means of secure electronic records and secure digital signatures in addition to, or in place of, the use of password(s).
- use or access the Website or any Facility to do, facilitate or support any act that violates the Terms and Conditions or any rules and regulations of any jurisdiction, including but not limited to rules and regulations relating to money laundering, illegal gambling activities, fraud, or funding of terrorist organizations.
- restrict or inhibit any other person from accessing, using and enjoying the Website or the Facilities;
- modify, copy, distribute, transmit, display, perform, publish, licence, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, Facilities, products or services obtained on or through the Website, except as permitted by the copyright owner or other right holder thereof;
- post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, without limitation, any information or statement constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other law;
- post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by ICICI Bank) or engage in spamming or flooding;
- post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
- post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
- upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained on or through the Website which is protected by copyright or other proprietary right, or derivative works with respect thereto, except as permitted by the copyright owner or other right holder thereof;
- upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, except as permitted by ICICI Bank or the copyright owner or other right holder thereof, the Website being copyrighted under the relevant laws;
- attempt to decompile or reverse engineer any of the software available on the Website;
- make any attempt to hack into the Website or otherwise attempt to subvert any firewall or other security measure of the Website and if the Registered User/ Visitor becomes aware of any shortcoming in the security on the Website the Visitor shall forthwith inform ICICI Bank of the same in writing;
- reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Facilities, or access to the Website or the Facilities, other than as provided within the scope of the Service;
- disclose to any other person, in any manner whatsoever, any information of a confidential nature relating to ICICI Bank or the Affiliate Partners obtained in the course of using or accessing the Website or availing of any Facility.
LIMITATIONS OF OFFERINGS
7.1 ICICI Bank NY shall not be under any duty to assess the prudence or otherwise of any instruction or transaction given or entered into by the Registered User. Nothing provided on the Website should be construed as advice of any nature and the Registered Users are advised to consult professionals in this regard prior to taking any decision.
7.2 ICICI Bank NY shall have the right to verify any information provided by the Registered User and the Registered User hereby authorizes ICICI Bank NY to verify any such information.
7.3 Except as otherwise provided by applicable law or regulation, ICICI Bank NY and ICICI Bank shall not be responsible for any error or omission made by the Registered User in keying in or otherwise providing the information required to access or use the Remittance Tracking Facility or any consequences as a result of such error or omission. If you provide us with an incorrect account number for the Beneficiary/ recipient or an incorrect identification or routing number for the Beneficiary/ recipient’s financial institution, you may lose the entire amount of the funds transferred. For remittance transfers in favor of a Beneficiary/ recipient holding an account with ICICI Bank, in case of any inconsistency in the Beneficiary/ recipient name and account number (and related details) provided by the Registered User as against the details available with ICICI Bank NY or ICICI Bank, the remittance transfer may be held and not processed to enable ICICI Bank NY or ICICI Bank to seek additional details and in some cases, such remittance transfer may even be cancelled.
7.4 ICICI Bank NY shall endeavor to carry out the requests received under the Remittance Tracking Facility. However, ICICI Bank NY shall be entitled, in its sole and absolute discretion, to refuse to comply with all or any of a Registered User’s instructions or requests without assigning any reason.
7.5 The Registered User cannot amend, cancel or revoke any request made of ICICI Bank NY under the Remittance Tracking Facility, except as specifically described on the Website or described to the Registered User in communications from ICICI Bank NY. Additionally, when the Registered User places a request to amend, cancel or revoke a transaction request that has already been authorized by the Registered User such request will only be acted upon if either (1) it is received before the requested transaction or activity is executed, or (2) it is received in accordance with the procedures and timeframes that have been described in writing to the Registered User.
7.6 [Any scheme for awarding or securing reward points or other rewards or prizes (by whatever name called) is available only to Persons who are eligible for the same under the rules of the concerned scheme and the applicable laws of the United States and India. The Registered User is therefore required to verify the eligibility of the Registered User before participating in any such scheme. ICICI Bank NY is not responsible or liable for the performance, quality or any other aspect of any rewards, prizes or items manufactured or supplied by third parties against any redemption of the points or otherwise pursuant to such scheme, and the Registered User's recourse for the same will be only against the persons who have manufactured or supplied the same. ICICI Bank NY shall be entitled to have more than one promotional offer in existence and applicable at any given time. However, a Registered User shall be entitled to use only one offer per transaction and in case of multiple transactions under a given offer, he/she shall be eligible only for the first eligible transaction. It shall be entirely at the discretion of ICICI Bank NY to consider any exceptions to the above.]
7.7 The Registered User understands that the Website and the Facilities may not be available in whole or in part in different countries, states, territories and jurisdictions and ICICI Bank NY may in its sole discretion restrict the availability of the Facility to any country, state, territory or jurisdiction.
7.8 ICICI Bank NY has no control over, and is not responsible for, the quality, safety, legality, or delivery of any goods or services that the Registered User may pay for using the Website and/or the Facilities. Such use will be at the Registered User’s own risk.
7.9 In order to access or use specific Facilities, the Registered User may have to agree to other terms and conditions in addition to these Terms and Conditions and may also have to execute agreements, powers of attorney and other writings and abide by the procedures as may be specified by ICICI Bank NY.
7.10 ICICI Bank NY retains the right to terminate the registration of any Registered User and refuse the Registered User access to or use of the Website or any Facilities, including the cancellation of pending transactions, if the Registered User has not performed a transaction on the Website or not used the Facilities for a period of 365 days or more.
7.11 For transfers from the United States, additional details/information are provided on the 'Confirm transaction page' before the Registered User authorizes the transaction.
8.1 The Website, all information on or available through the Website and the Facilities provided by ICICI Bank NY are made available to the Registered Users “as is” and without any representation or warranty of any kind, either express or implied, including without limitation, any representation or warranty as to accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose, completeness, title, compatibility, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, each to the extent permissible by applicable law.
8.2 Although ICICI Bank NY adopts security measures that it considers appropriate for the Website, it does not represent or warrant that the Website is immune from hacking, denial of service attacks, unauthorized access or other illegal subversion of these security measures that might impair the operation of the Website, the availability of the Facilities or the integrity and confidentiality of Registered User’s personal and login information or accounts and ICICI Bank NY disclaims liability arising from any such acts or occurrences. Furthermore, while ICICI Bank NY takes reasonable precautions to avoid such eventualities, the Registered User understands that communications through the Internet are not always secure and agrees that ICICI Bank NY shall not be responsible for any unauthorized or illegal interception of e-mail or other communication to or from ICICI Bank NY.
8.3 Information and Facilities on the Website may be displayed and offered in a phased manner at the discretion of ICICI Bank NY. ICICI Bank NY shall have the right, from time to time and in its discretion, to introduce new information and Facilities and add to, modify, suspend or withdraw any information or Facility or the terms thereof in whole or in part without any prior notice. While ICICI Bank NY makes every effort to ensure that the Facilities are offered to a Registered User without interruption or delay, continued provision of the Facilities may be impractical or impossible due to the failure of operational systems for reasons including but not limited to virus attacks, natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or network failure, system maintenance, software or hardware error, labor problems, strikes or any other reason beyond the control of ICICI Bank NY, and ICICI Bank NY provides no guarantee that any instructions or transactions will definitely be communicated, processed or performed (whether or not before a particular time) using the Website or the Facilities.
8.4 ICICI Bank NY has not verified and shall not be liable or responsible for any content or other information on web-sites linked to or with the Website.
8.5 ICICI Bank NY operates and offers the Website and the Facilities strictly on a no-liability and no-obligation basis as regards ICICI Bank NY, and ICICI Bank NY shall not be liable to the Registered User or any other third party for any claim for direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including, without limitation, loss of profits, loss or corruption of data, loss of profit or goodwill, work stoppage, computer failure or malfunction, or interruption of business) whether arising under contract, tort or any other theory arising out of or in connection with the Website, the inability to access the Website or any Facilities, products or services mentioned or advertised on or accessed on or through the Website. The Registered User’s remedies for errors or unauthorized transactions shall be limited to those arising under the applicable laws and regulations, and as described on the Website and in the communications provided by ICICI Bank NY to the Registered User.
8.6 To the extent any of the disclaimers or limitations of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of ICICI Bank NY to the Registered User shall not exceed the amount of fees paid/payable by the Registered User to ICICI Bank NY for the Facilities accessed or used by the Registered User through the Website, and any other amounts the Registered User may be entitled to recover under the applicable laws and regulations.
8.7 The Registered User/ Visitor/ Referrer shall ensure that he/she shall not be in violation of any data protection laws in force at the time of referring potential users for the service to ICICI Bank NY or when registering for the Remittance Tracking Facility (as the case may be).
FACILITIES PROVIDED BY THIRD PARTIES
9.1 [Certain of the Facilities mentioned or offered on or through the Website require the Registered User to independently contract for and use services provided by third party service providers and ICICI Bank NY makes no warranty on behalf of such third parties. ICICI Bank NY shall not be liable for any loss or damage of any sort incurred as a result of any transactions or dealings between the Registered Users and such third party service providers. The Registered User may be charged for such transactions/dealings by such third party service provider. Such third party service providers may have their own agreements, terms and conditions which will govern the services provided by them, which may be specific to each such service provider and vary from Facility to Facility. ICICI Bank NY recommends that the Registered User obtain the full text of such terms and warranties from such service providers before accessing or using any such service. All of the Registered User's rights and remedies and all maintenance, update, warranty, liability or any other obligations related to any such services shall be governed by the applicable terms, policies and procedures of the concerned service provider and ICICI Bank NY shall not be liable or responsible for the same in any manner. The Registered User shall have no claim, rights or remedies whatsoever against ICICI Bank NY in respect of any such services accessed or used or sought to be accessed or used by the Registered User from any such service provider. The Registered User agrees not to hold ICICI Bank NY liable for any loss or damage of any sort incurred as a result of any such dealings with any service provider.]
TERMS OF SPECIFIC FACILITIES
The following (among other) Facilities are proposed to be offered on the Website. However, all the Facilities or all the various components and features of a Facility may not be offered at all times. ICICI Bank NY may discontinue, modify, change, and alter any of the features of the Facility at its sole discretion.
10.1.1 ICICI Bank NY shall make reasonable efforts to ensure that Alerts are communicated to the Registered User in accordance with the Registered User's instructions. However, neither ICICI Bank NY nor the Service Providers would be responsible or liable for non-dispatch or delay in dispatch of the Alerts by ICICI Bank NY or the Service Providers or any delay in receipt or non-receipt of the Alerts for any reason whatsoever. Under no circumstances shall ICICI Bank NY and/or the Service Providers be liable for any costs, damages or other amount whatsoever for such non-dispatch or delay in dispatch or any non-receipt or delay in receipt of the Alerts. Non- receipt of Alerts will not discharge or reduce the Registered User's liability to pay any amount to ICICI Bank NY which would have been payable in the event of proper receipt of the Alerts.
10.2 Remittance Tracking Facility
10.2.1 Subject to the relevant regulatory approvals, terms and conditions imposed while granting the necessary approvals and other terms of the Remittance Tracking Facility, such Facility enables the Registered User to access or use a technology platform for a tracking facility that enables remitting funds from the United States to India. The tracking facility is offered by ICICI Bank NY by using ICICI Bank NY's web technology platform. ICICI Bank NY shall, under the Remittance Tracking Facility, convert the funds received through the correspondent bank into Indian Rupees and remit it to the Beneficiary in India as instructed by the Registered User.
10.2.2 The Registered User should pay the remittance amount as per the instructions stated on the Website in the manner described on the Website. The funds will be remitted into India only after ICICI Bank NY has received a confirmation that such remittance amount has been received in its account held with a correspondent bank. Thereafter, after deducting the appropriate charges/fees as may be applicable at the time of remittance, the money will be remitted to the Beneficiary bank account in India as designated by the Registered User.
10.2.3 In case of non-availability of funds from the account from which the Registered User has requested the remittance of money, or in the case of non-collection of funds, ICICI Bank NY shall be entitled to reinitiate a debit request for the funds remitted for as many times as permitted by applicable laws and regulations. ICICI Bank NY shall also be entitled to cancel the requested remittance transaction and the Registered User shall bear full liability and responsibility for the same. The Registered User shall reimburse any direct or indirect expense which ICICI Bank NY may incur while providing such Remittance Tracking Facility. The Registered User also agrees to pay for all costs associated with the recovery of amounts owed to ICICI Bank NY, including reasonable attorney's fees and court fees. The Registered User agrees to pay to ICICI Bank NY such amount immediately upon ICICI Bank NY's demand along with interest @ 2% per month from the date of the remittance by ICICI Bank till the receipt of funds by ICICI Bank from the Registered User. ICICI Bank shall also be entitled to inform any credit bureau or any other person or entity if the Registered User fails to pay/reimburse such amount or any part thereof to ICICI Bank NY.
10.2.4 While ICICI Bank NY shall endeavor to adhere to the time schedule indicated by it on the Website, ICICI Bank NY hereby disclaims liability or responsibility for any changes in the time schedule for execution of the Registered User's instructions or remittance or credit of funds for any reason, except as otherwise required by applicable law or regulation and as described to the Registered User on the Website and in communications provided by ICICI Bank NY to the Registered User.
10.2.5 In the event the funds are for any reason required to be redirected to another account or location, or any other additional service is required, ICICI Bank NY shall levy additional charges and remit the amount after deducting such additional charges.
10.2.6 ICICI Bank NY shall in no way be held responsible and/or be liable for any queries, errors, disputes or delays in messaging, money transmission, currency conversion, conversion rates offered, payment to the beneficiaries of the remittances or any other query, claim or dispute, except as otherwise required by applicable law or regulation. ICICI Bank NY will, however, use reasonable efforts to assist the Registered User in contacting ICICI Bank NY or any third party to facilitate resolution of such queries, claims and disputes.
10.2.7 The Registered User hereby authorizes ICICI Bank NY to check or to use a third party agency to check the Registered User's identity details at the time of and/or prior or subsequent to enrollment and to obtain follow-up third party reports relating to the Registered User.
10.2.8 The Registered User hereby agrees that, where ICICI Bank NY deems it advisable or necessary as per its due diligence obligations as required by applicable law or regulation, ICICI Bank NY may hold the money (to be remitted to India) for longer than the usual time for remittance, and may delay the remittance.
10.2.9 The Registered User hereby agrees that ICICI Bank NY has no control over when the Beneficiary's financial institution will makes the remittance funds available for the Beneficiary's use and ICICI Bank shall not be responsible for any delay or default on the part of such financial institution, except as otherwise required by applicable law or regulation.
10.2.10 The Registered User hereby agrees that the purpose of the remittances supported by the Remittance Tracking Facility will be strictly of a personal nature and limited only for the purposes mentioned on the Website at the time of using the Remittance Tracking Facility. Trade related payments such as those for export of goods/services from India or capital market investments such as those in the nature of foreign direct investment, investments in equity/debt etc. or other remittances not permissible under the applicable regulations prevailing from time to time are not covered under, and should not be effected through, this Remittance Tracking Facility.
The purpose declared by the Registered User while using the Remittance Tracking Facility will be treated as final and binding and cannot be changed at a later date by the Registered User or the intended Beneficiary. The regulatory reporting by ICICI Bank NY in the United States and ICICI Bank in India will be done on the basis of the purpose selected by the Registered User through the Remittance Tracking Facility.
10.2.11 The Registered User shall provide to ICICI Bank NY all the information as may be deemed necessary or required by ICICI Bank NY in order to access or use the Remittance Tracking Facility.
10.2.12 The Registered User hereby represents that by sending funds to India, he/she is not violating any exchange control laws stipulated by the Government of the United States, the Government of India and/or the Reserve Bank of India. The Registered User agrees to keep ICICI Bank NY and ICICI Bank indemnified for any such violation.
10.2.13 The Registered User agrees to inform ICICI Bank NY, before initiating a transaction on the Website, that she/he is accessing the Facility from the United States.
10.2.14 Fixed Rupee Transfers: The use of this channel is subject to daily limits on the value and volume of transactions permitted as per internal operational guidelines. ICICI Bank NY may change these limits at its own discretion. In the event that any of these operational limits are breached or held up, remittance through this channel will be temporarily unavailable until the permissible limits are cleared. ICICI Bank NY shall in no way be held responsible and/or liable for any rejections, queries or delays arising due to the temporary unavailability of this Facility.
For Power Transfers, the confirmed exchange rate and the date funds will be available is applicable only if ICICI Bank NY receives the exact foreign currency amount as mentioned in the request on or before the Validity Date with complete and correct details. In case ICICI Bank NY receives the funds after the Validity Date, ICICI Bank NY may, at its sole discretion, either cancel the transaction and return the funds to the registered user, or process the request. Please note that only if the funds are received in ICICI Bank NY's U.S. correspondent bank account on working day 0 before the cut-off time of clearing overseas, the funds will typically be available to ICICI Bank Limited, India, for processing on the next working day i.e., Day 1. The funds will be credited into the Beneficiary’s ICICI Bank account within 1 working day of ICICI Bank receiving the funds. For electronic credit to non-ICICI Bank accounts or Demand Drafts (“DDs”), the money is sent for electronic clearing or a DD is issued and dispatched within one additional working day. The timelines shall exclude banking holidays, Saturdays and Sundays in the United States and in India.
For the purpose of this clause, “Validity Date” shall mean the date by when the funds are available to ICICI Bank in India for further processing and disbursal to the Beneficiary. Please note that typically ICICI Bank NY’s correspondent bank receives the funds within the clearing cycle in the United States, however, the funds are made available to ICICI Bank in India on the next working day along with all relevant details required for processing.
10.2.15 E-Transfer and affiliated products: In the event that ICICI Bank NY receives a reversal/return request from the Registered User's local bank for a transaction already processed and credited to the Beneficiary account in India on the grounds, including but not limited to, unauthorized or fraudulent instructions, such refund shall be made by ICICI Bank NY immediately upon receipt of reversal/return instructions, by debiting the Beneficiary account in India at the prevailing buying rate for the currency in question including all costs, charges, expenses and interest (where applicable). In case we are unable to recover the funds from the Beneficiary, the Registered User is liable to refund back the amount in local currency to ICICI Bank NY including costs, charges, expenses and interest (where applicable). ICICI Bank NY or ICICI Bank, as applicable, can initiate recovery proceedings for such outstanding amounts against the Registered User as well as the Beneficiary in India. Such amounts may also be recovered from any subsequent transfers made by the Registered User or from any other transfers received by the Beneficiary/recipient.
RESOLUTION OF ERROR
10.2.16 The Registered User has a right to dispute any error in his/her transactions by contacting ICICI Bank NY within 180 days at the toll-free number at 1-866- 424-2448 or via an email to firstname.lastname@example.org. The Registered User can also contact ICICI Bank NY for a written explanation of the rights of Registered User.
10.3 Missed call facility terms and conditions:
[Upon dialing the number for the missed call facility, your call would be disconnected within 3 rings and you shall receive a call from our customer service representative within 24 hours of this request. If you do not receive the call within 24 hours, you can write to us at email@example.com. The callback is intended to contact you to provide details of our products/services that interest you. We would return your call to assist you and answer your queries regarding our products/services, and to initiate a relationship with us, if so required by you. In addition, your information may be used for internal quality/analytics/retention purposes.]
PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
11.1 ICICI Bank NY and/or ICICI Bank is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website including but not limited to any text, links, images, logos, illustrations, audio clips, video clips, screens and product. Registered Users or any Visitor shall not download and/or save a copy of the Website or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means - electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of ICICI Bank NY or ICICI Bank (except as otherwise provided on the Website or in the Terms and Conditions for any purpose) or use or modify it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits ICICI Bank NY, ICICI Bank or any Service Providers. However, Visitors may print a copy of the information on this Website for their personal use or records. ICICI Bank NY, ICICI Bank, and/or the Service Providers do not grant any license to or other authorization, and none should be implied or presumed, for use of their respective trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Website.
11.2 This Website is for the Visitor’s personal use. If the Visitor makes any other use of this Website, except as otherwise provided above, the Visitor may violate copyright, trademark and other laws of India and the United States, and may be subject to penalties.
USE OF INFORMATION
12.2 The Registered User/Visitor understands and acknowledges that ICICI Bank NY, and ICICI Bank and its group companies may exchange, share or part with all the information, data or documents relating to his/her application or account to other ICICI group companies and certain third parties such as banks, financial institutions, credit bureaus/agencies, statutory bodies and tax authorities/central information bureaus and such other persons as ICICI Bank NY and ICICI Bank and its group companies may deem necessary or appropriate to process your transactions, verify your identity and account details, respond to regulatory and law enforcement authorities, or as otherwise permitted or required by law. The Registered User/Visitor hereby irrevocably authorizes ICICI Bank NY to extract his/her call records or related information as may have been disclosed by him/her to any third party service providers in relation to Facilities offered to the Registered User/Visitor by such third party service providers on account of the Registered User’s/Visitor’s existing relationship with ICICI Bank NY.
12.3 From time to time, it will be necessary for Registered User/Visitor to supply ICICI Bank NY with data in connection with the opening or continuation of accounts or the provision of the Facilities. Failure to supply such data may result in ICICI Bank NY being unable to provide any of the above services or Facilities to the Registered User/Visitor.
12.4 The purpose(s) for which Registered User/Visitor data may be used include:
(i) processing of applications for, and the daily operation of, the Facilities provided to Registered User/Visitor;
(ii) verifying the Registered User’s/Visitor’s identity and account details;
(iii) designing financial services or related products for Registered User’s/ Visitor’s use;
(iv) marketing financial services or related products to Registered User/ Visitor;
(v) responding to court orders and legal investigations;
(vi) responding to regulatory and law enforcement authorities;
(vii) gathering information about website access, usage and activity by the Registered User/Visitor;
(viii) identifying the Registered User/Visitor when he/she visits the Website, storing Registered User/Visitor preferences, and personalizing the consumer experience for the Registered User/ Visitor;
(ix) in connection with a merger, acquisition or sale of ICICI Bank or any of its assets;
(x) detecting and preventing fraud or other illegal activity;
(xi) meeting the requirements to make disclosure under the requirements of any law, rule, regulation, order, ruling, judicial interpretation or directive (whether or not having the force of law) applicable to ICICI Bank NY, ICICI Bank and any of its branches, agents or affiliates;
(xii) any other purposes permitted by law or regulation; and
(xiii) purposes relating to any of the above.
12.5 Data held by ICICI Bank NY relating to Registered User/Visitor will be kept confidential but ICICI Bank NY may, at its sole discretion, provide such information to the categories of persons set out below as and when ICICI Bank NY is required or permissible to do so by applicable law or regulation or when ICICI Bank NY regards such disclosure as necessary or appropriate for the purpose of providing the Facilities accessed or used by the Registered User/Visitor:
(i) the head office, affiliates or any other branches or subsidiaries of ICICI Bank;
(ii) auditors, professional advisers and any other person(s) under a duty of confidentiality to ICICI Bank NY;
(iii) vendors, installers, maintainers or servicers of ICICI Bank NY's computer systems;
(iv) any exchange, market, or other authority or regulatory body having jurisdiction over ICICI Bank NY, its head office or any other branch of ICICI Bank or over any transactions effected by the Registered User/Visitor or for the Registered User’s/Visitor's account;
(v) any party lawfully authorized by law to make such demand or request;
(vi) any person with whom ICICI Bank NY contracts or proposes to contract with regard to the sale or transfer or sharing of any of its rights, obligations or risks under the Terms and Conditions;
(vii) any person (including any agent, contractor or third party service provider) with whom ICICI Bank NY contracts or proposes to contract with regard to the provision of the Facilities in respect of the Registered User/Visitor (as the case may be);
(viii) any person employed with or engaged as an agent by, ICICI Bank NY or its head office or affiliates, including any relationship officers, whether in India, the United States, or elsewhere, for the purposes of or in connection with interactions with the Registered User/Visitor or providing services to or processing transactions pertaining to the Registered User’s/ Visitor’s accounts or Facilities;
(ix) ICICI Bank's head office, its affiliates or third parties engaged by ICICI Bank NY to centralize or outsource data processing and other administrative operations for the Website and the Facilities;
(x) in the case of a wire transfer, to the Beneficiary Bank to whom the transfer is being made;
(xi) a drawee bank providing a copy of a paid check (which may contain information about the payee) to the drawee;
(xii) a person making payment into the Registered User’s/Visitor’s account (by providing a copy of a deposit confirmation slip which may contain the name of the Registered User/Visitor); and
(xiii) any person to whom disclosure may be required by applicable law and regulation.
12.6 Any Registered User/Visitor with an account for or access to the Facilities hereby agrees to provide all his/her personal and account information and records to ICICI Bank NY which, together with any information generated or received by ICICI Bank NY, may be:
(i) collected and kept by ICICI Bank NY (including any agent or subcontractor appointed by ICICI Bank NY) for the purposes of ICICI Bank NY maintaining its relationship with the Registered User/Visitor and offering or providing services or products;
(ii) used by ICICI Bank NY to carry out matching procedures whether or not for the purpose of taking adverse action against the Registered User/Visitor or maintaining an account and transaction history (whether or not the relationship with ICICI Bank NY is terminated) for ICICI Bank NY's present or future reference.
12.7 The Registered User/Visitor hereby agrees and consents that ICICI Bank NY shall be entitled, in connection with the Registered User’s/Visitor’s application for any Facilities or related services provided by ICICI Bank, or during the course of the Registered User’s/Visitor's relationship with ICICI Bank NY, to obtain and procure information pertaining to the Registered User’s/Visitor’s accounts, and legal or financial position from whatever sources available to ICICI Bank NY.
12.8 Data may be transferred overseas pursuant to the provisions of this clause. The information disclosed pursuant to this clause may be subject to further disclosure by the recipient to other parties in accordance with the laws of the country in which the recipient is located.
NO AGENCY OR BANKING RELATIONSHIP
13.1 These Terms and Conditions and the Registered User's use of or access to the Website or any Facilities are not intended to create an agency, partnership, joint-venture, employer-employee or banker-customer relationship between the Registered User or the Beneficiary of the one part and ICICI Bank NY or Service Provider of the other part, except where otherwise specifically agreed or appointed. Specifically, the use of Remittance Tracking Facility does not establish a checking account or any other form of a bank account for the Registered User or the Beneficiary with ICICI Bank NY and does not constitute or create a fiduciary or escrow capacity between the Visitor or the Beneficiary and ICICI Bank NY. Funds held while processing a remittance payment request are not insured by any government authority.
14.1 Each Visitor and/or Registered User agrees to defend, indemnify and hold ICICI Bank NY, ICICI Bank, Service Providers and each of their respective affiliates, directors, officers and employees, harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys' fees, arising in any way from the Visitor’s or Registered User's use of the Website, the inaccuracy or incompleteness of registration information, or the placement or transmission of any message, information, software or other materials through the Website by the Visitor, the Registered User or users of the Registered User's ID and password or related to any violation of the Terms and Conditions by the Visitor or Registered User or users of the Registered User's ID and password, and any claims dispute or differences between the Visitor or Registered User and any supplier of services that are part of the Facilities.
SUSPENSION OR TERMINATION OF ACCESS
15.1 The Registered User acknowledges and agrees that ICICI Bank NY may, without notice, suspend or terminate the Registered User's ID, Registered User's Password or account or deny the Registered User access to all or part of the Website or any Facilities if the Registered User engages in any conduct or activity that ICICI Bank NY, in its sole discretion, believes violates any of the Terms and Conditions, violates the rights of ICICI Bank NY, or is otherwise inappropriate for continued access, or if ICICI Bank NY learns of the Registered User's death, bankruptcy or lack of legal capacity or for any other reason which ICICI Bank NY deems appropriate.
15.2 The Registered User may request ICICI Bank NY to disable the Registered User’s ID, Registered User’s Password or account by giving prior written notice of at least 15 days to ICICI Bank NY. The termination shall take effect upon the completion of the fifteenth day from the date of receipt of the notice by ICICI Bank NY.
15.2.1 Until suspension or termination of the Registered User’s ID takes effect, as described above, the Registered User will remain responsible for any transactions entered into using the Registered User’s ID and all obligations incurred thereby or otherwise by the Registered User.
15.3 All termination notices delivered by the Registered User via e-mail or otherwise should be marked “Termination” in the subject line.
GOVERNING LAW AND JURISDICTION
16.1 The Website, the Facilities, the Terms and Conditions, all transactions entered into on or through the Website or through the use of any Facility and the relationship between the Visitor and ICICI Bank NY shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions.
16.2 The Registered User and ICICI Bank NY agree that all claims, differences and disputes (collectively, “Disputes”) arising under or in connection with or pursuant to the Website, the use of any Facility, the Terms and Conditions, any transactions entered into on or through the Website or through the use of any Facility or the relationship between the Registered User and ICICI Bank NY shall be subject to the exclusive jurisdiction of the competent courts located in the United States federal courts located in the Borough of Manhattan or the courts of the State of New York located in the Borough of Manhattan and the Registered User hereby accedes to and accepts the jurisdiction of such courts. Notwithstanding the aforementioned, if ICICI Bank NY deems it appropriate, ICICI Bank NY may institute proceedings against a Registered User in any other court or tribunal having jurisdiction under applicable law. Disputes shall include not only claims made directly by the Visitor, but also made by anyone connected with the Visitor or claiming through a Visitor, such as a recipient of funds. Disputes include not only claims that relate directly to ICICI Bank NY, but also its successors, assignees, employees, and agents, and claims for which ICICI Bank NY may be directly or indirectly liable, even if it is not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground. Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the resolution of such claims must proceed on an individual (non-class, non-representative) basis.
16.3 ICICI Bank NY hereby disclaims all liability, direct or indirect, for non-compliance with the laws of any jurisdiction other than the United States. The fact that it may be technologically possible to access or use the Website and any Facility in any jurisdiction other than the United States should not in itself suggest that it is legal to do so. It shall be the sole responsibility of the Visitor to verify whether the Website and the Facilities can be legally and legitimately accessed or utilized in the relevant jurisdiction and the Visitor understands that by accessing and using the Website and the Facilities, he or she may be violating the local laws in the United States, India and/or such jurisdiction. Further, ICICI Bank NY hereby explicitly disclaims any responsibility, direct or indirect, for non-compliance by a Visitor of the laws of any jurisdiction whatsoever.
17.1 The failure or delay of ICICI Bank NY to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. No waiver on the part of ICICI Bank NY shall be valid unless it is in writing signed by or on behalf of ICICI Bank NY. A waiver of any right or provision by ICICI Bank NY on a particular occasion shall not prevent ICICI Bank NY from enforcing such right or provision on a subsequent occasion.
18.1 If any provision of the Terms and Conditions shall be held to be invalid or unenforceable by reason of any law or any rule, order, judgement, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and the Visitor, Registered User, ICICI Bank NY, the court, tribunal or regulatory or self-regulatory agency or body should endeavor to give effect to the parties' intentions as reflected in the provision to the extent possible. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms and Conditions shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.
Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the Website or any Facility or the Terms and Conditions must be filed within three (3) months after such claim or cause of action arose failing which it shall be forever barred.
20.1 ICICI Bank NY may give notice to the Registered User by e-mail, letter, telephone or any other means as ICICI Bank NY may deem fit to the address, telephone number or other means last given by the Registered User. Notices under the Terms and Conditions may be given to ICICI Bank NY by the Registered User in writing by delivering them by hand or by sending them by post to ICICI Bank NY's address. ICICI Bank NY may, but shall not be bound to, act upon notices and instructions given by the Registered User to ICICI Bank NY by e-mail, letter, telephone or any other means as ICICI Bank NY may deem fit, except as required by applicable law or regulation.
20.2 In addition, ICICI Bank NY may (but shall not be bound to) also publish notices of general nature, which are applicable to all Visitors and/or Registered Users on its Website. Such notices will have the same effect as a notice served individually to each Visitor and/or Registered User to the extent permitted by applicable law or regulation.
20.3 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 Bank NY shall be deemed to have duly communicated and delivered any communication or document to the Registered User if such communication or document is sent via e-mail to the e-mail address provided by the Registered User to ICICI Bank NY. ICICI Bank NY shall also be entitled to act on the basis of any instructions received or purported to be received by ICICI Bank NY from the Registered User by e-mail or other electronic means or via the Internet. ICICI Bank NY shall also be entitled (but not bound) to act upon fax instructions and communications.
21.1 ICICI Bank NY may sub-contract or employ agents to carry out any functions or services relating to the Website, any Facility or any of its obligations under the Terms and Conditions.
21.2 In order to access the Website and use the Facilities, the Visitor will, at his/her own cost, have to: (a) obtain access to the World Wide Web and pay any service fees, telephone charges and online service usage associated therewith, and (b) obtain access to all equipment necessary for the registered user to connect to the World Wide Web, including a computer and modem.
21.3 The content presented on or through the Website may vary depending upon the Visitor’s browser limitations and ICICI Bank NY disclaims any responsibility for the unavailability of any Facility or any error in processing of a transaction through the Website caused by the Visitor’s browser limitations.
21.4 All communications under these Terms and Conditions shall be made in the English language.
DEFINITIONS AND INTERPRETATIONS
24.1 In these Terms and Conditions, unless the context otherwise requires, the following words and phrases shall have the meanings assigned to them hereunder -
"Alerts" means notices relating to various matters issued or to be issued by ICICI Bank to the Visitor from time to time e.g. notices of market information, reminders for bill payments, etc.
means any Person, other than ICICI Bank, who displays content or offers any Facility on the Website.
means a Person whose details have been provided by the Registered User to ICICI Bank for the transfer of funds.
means the bank in India, with whom the Beneficiary holds an Account.
means debit card issued by the Beneficiary Bank to the Beneficiary in India.
means the call center which may be set up by ICICI Bank or a Service Provider to assist Visitors in connection with the Website including the Facilities displayed or offered thereon and any transactions entered into or proposed to be entered into by the Visitors in respect of such Facilities.
refers to the facility available, presently in USA and Canada, wherein basis the remitter’s transfer instruction on the website, the transfer amount is directly debited from the remitter’s local bank account via the Automated Clearing System available in these countries for disbursing it to a receiver in India.
means any present and future product, service or facility displayed or offered on or through or associated with the Website (whether by ICICI Bank or by any Alliance Partner). and includes the Remittance Tracking Facility, any loans, hire-purchase facilities, lease facilities, services and facilities for acquiring, selling and dealing in shares, units and other securities, bill payment facilities, application forms and other documents downloading facilities, insurance policies, credit cards, remittance facilities, Alerts, Portfolio Tracking facilities, Customised News and taxation advisory and assistance services.
is a facility wherein a remitter generates a tracking number and transfers the funds from his bank account using internet banking, mentioning such tracking number, to a recipient in India.
includes an individual, a company, a body corporate, an association of persons (whether incorporated or not), a trust, a partnership firm, a society and the government.
is a facility wherein a remitter generates a tracking number and transfers the funds from his bank account by taking a print of filled-in wire instruction form generated on Money2India.com with such tracking number. This eliminates errors associated with offline wire transfers and helps in tracking the status of the transfer request.
means an individual or a person, who may be an existing Registered User, who refers/recommends/suggests to another individual or person the services offered by ICICI Bank vide the Money2India platform, irrespective of whether the concerned individual/person avails the service.
means any Visitor who has registered himself, herself or itself with the Website in the appropriate manner.
"Registered User Account"
means an online account created by registered user on the Money2India website to avail the Remittance tracking facility.
"Registered User ID"
means the user name that is chosen by the Registered User and registered by the Website which, along with the Registered User Password, will enable the Registered User to -
(i) avail of Facilities and enter into transactions in respect of the Facilities,
(ii) access one or more Registered User Accounts, download application forms for Facilities and register a change in address; and
(iii) do such other acts as the Website may permit.
"Registered User Password"
means the password that is chosen by the Registered User and registered by the Website for access to the Website which, along with the Registered User ID, will enable the Registered User to -
(i) avail of Facilities and enter into transactions in respect of the Facilities offered on the Website,
(ii) access one or more Registered User Accounts, download application forms for Facilities change in nominee details, payments, payment of dues, bill payments, trading and make online applications register a change in address; and
(iii) do such other acts as the Website may permit.
means a debit card linked to an INR savings account which has some special privileges and subject to certain restrictions.
"Remittance Tracking Facility"
means the services provided by ICICI Bank on the Website for managing and tracking the transmission of funds by a Registered User to a Beneficiary in India.
"Rupee Transfer Request"
means a request to transfer a specified amount of Indian rupees (net of all taxes and charges) to a recipient in India
means a Person who provides a service to ICICI Bank in order to enable ICICI Bank to operate and/or maintain the Website, provide any feature on the Website or provide any Facility which is provided by ICICI Bank.
is an abbreviation for Personal Identification Number, and means a password which may be allotted by ICICI Bank to a Registered User to enable him to perform such activities as ICICI Bank may permit over the telephone through the Call Centre or otherwise.
means the VISA Card Account of the Beneficiary.
means any person who accesses or visits the Website, whether or not such person has registered himself as a Registered User.
means the Website presently maintained by ICICI Bank at www.money2india.com, and includes the pages of the Website and any applets, software and content contained in and on the Website.
2.2 In these Terms and Conditions, unless the context otherwise requires:
(a) words of any gender are deemed to include each other gender;
(b) words using the singular or plural also include the plural or singular, respectively;
(c) the terms "hereof", "herein", "hereby", "hereto" and derivative or similar words refer to this entire Website;
(d) the term "Article" refers to the specified clause of these Terms and Conditions;
(e) headings and bold typeface are only for convenience and shall be ignored for the purposes of interpretation;
(f) reference to any legislation or law or to any provision thereof shall include references to any such law as it may, after the date hereof, from time to time, be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision;
(g) any term or expression used but not defined herein shall have the same meaning attributable to it under applicable law;
(h) references to the word "include" or "including" shall be construed without limitation.