Terms and Conditions Governing ICICI Bank's Continuous Engagement ‘Live Your Passion’ Program

The following terms and conditions (“Terms”) shall apply to and govern ICICI Bank’s ‘Live Your Passion’ Program. ICICI Bank may specify additional terms and conditions governing the Program from time to time and/or revise or amend the existing Terms. Such terms shall be in addition to and not in derogation of these Terms. Such amended/revised terms/ additional terms and conditions shall be communicated by ICICI Bank by hosting the same on Website http://liveyourpassion.in/default.aspxThe Users shall be responsible for regularly reviewing these Terms including any amendments thereto as may be posted on Website. All Users undertake to have read and understood these Terms and agree to abide by them at all times.

1. DEFINITIONS

1. “Applicable Laws” means the laws of India and all the statutes, rules, regulations, ordinances, notifications, orders, guidelines and policies notified or promulgated pursuant thereto and modifications thereof in force from time to time.
2. “Categories” shall mean the following classifications:
   (a) Travel
   (b) Food
   (c) Health
   (d) Photography
   (e) Art
   
3. “Content” shall mean Articles, videos, photographs, event calendar and offers related to Travel, Food, Health, Photography and Art.
   
4.  “Intellectual Property” shall mean and include any right, title or interest whatsoever in, to or over any of the trademarks, patents, service marks, designs, logos, copyrights, (whether registered or unregistered), including the right to file for registration.

5. “Intellectual Property Rights” means all rights, benefits, title or interest in or to any Intellectual Property, anywhere in the world (whether registered or not and including all applications for the same).
6. “Membership” shall mean the membership of the User who registers himself/herself on the Website for the purposes of reading, accessing or using the features of the Website.
7. “Offer” shall mean that portion of the Content on the Website which shall hosts various offers offered by alliance partners of ICICI Bank.
8.  “Program” means the ‘Live Your Passion’ program initiated by ICICI Bank which is a platform to learn, explore and live one’s passions of Travel, Food, Health, Photography and Art through rich content of articles, videos, photographs, expert sessions, events, contests and offers relating to each of these Categories.
9. “User” means  existing customers of ICICI Bank or any other who is above the age of  eighteen (18) and wishes to access the Website
10. “User Content” shall mean the contribution made by the User which is hosted on the Website relating to the Categories.
11. “Website” means the official page of Program www.liveyourpassion.in.

2. COMMON TERMS OF THE PROGRAM

1) USER REGISTRATION

1. The User can register himself/ herself by clicking here
2. The User is bound to provide true, accurate, current and complete registration information about himself/herself as may be prompted/required by any registration forms on the Website and, if such information changes, the User will promptly update the relevant registration information.
3. The User agree that the User shall not sell, transfer or assign the Membership or any Membership rights. The User agrees to notify ICICI Bank immediately at support@liveyourpassion.in of any breach of security or unauthorized use of the User Membership. ICICI bank reserves the right to terminate the User account or otherwise deny the User access to the Website in ICICI Bank’s sole discretion for any or no reason without notice and without liability.

2)  ICICI BANK RIGHTS AND OBLIGATIONS

1. ICICI Bank shall have the right to determine and select, in its sole discretion, the Content and Offers relating to the Categories used/displayed on the Website.
2. The contents on the Website are, including, without limitation, only for disseminating information, entertainment and promotional purposes. ICICI Bank does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information materials, Content, Offers on the Website for any particular purpose.
3. In many instances, the Website will include Content and Offers posted by a third-party or will represent the opinions and judgments of a third-party. Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Website by third parties, including information providers, are those of the respective authors or distributors and not of ICICI Bank.  ICICI Bank does not endorse, warrant and is not responsible for the accuracy, timeliness, completeness, usefulness or reliability of any opinion, advice, or statement made on the Website by any third party.
4. CICI Bank does not take any responsibility for the User’s exposure to third party content on the Website. ICICI Bank does not advocate the use of any product or procedure described in the Website, nor ICICI Bank shall be responsible for misuse of the Content or procedure due to typographical error.
5. ICICI Bank may provide the User with the ability to interact with the User’s existing social media accounts, such as Facebook or Twitter.  These features may enable integration and/or access to the User’s social media accounts.  ICICI Bank does not control those social media services, the User’s profiles on those services, the User’s privacy settings on those services or establish rules about how your information on those services will be used.  ICICI Bank shall not be responsible for any acts or omissions by any social media service provider or your use of features on their platforms. ICICI Bank shall not be responsible for any information that the User discloses or communicates in forums, such as message boards, comments/reviews section, communities (if any) and other interactive forums available as part of the Services on ‘Live Your Passion’. Any disclosures by the User, including his/her Personal Information, which may be disclosed and made available to all users who have access to that portion of the Site or Services, shall be at the User’s own risk. 

3) REPRESENTATIONS AND WARRANTIES BY USER

1. The User hereby agrees to access the Website at the User’s own violation and understands the risk associated with it.
2. The User acknowledges and declares that the User Content is a novel and original work of User which is neither a copy nor has been previously used in any manner. The participation of the User in the Program is entirely voluntary and it is understood, that the participation of the User in the Program shall be deemed to have been made on a voluntary basis. The User represents and warrants that the submitted User Content does not infringe any copyright, trademark, proprietary rights, rights of privacy or publicity, Intellectual Property Rights of any person, or any other right including but not limited to Intellectual Property Right of any third party whether in law or in equity. ICICI Bank shall have the sole right to remove the User Content from the Website if any User Content is found to be copied, adapted, or otherwise not novel.
   
   • The User acknowledges and agrees that it shall not acquire or claim any title on any of ICICI Bank's / its affiliates Intellectual Property by virtue of the rights granted to it under these Terms or through its use of such Intellectual Property;
   • not at any time, do or omit to do, anything which is likely to prejudice ICICI Bank's / its affiliates ownership of such Intellectual Property Rights;
   • neither acquire at any time hereafter nor shall it claim or assert any right, title or interest whatsoever in, to or over any of Intellectual Property belonging to ICICI Bank/its affiliates;
     
3. The User hereby agrees to accept sole responsibility for all activities that take place under the Membership, whether or not the User has authorized the activity.
4. The User may not rely on any information and opinions expressed on the Website. In all instances, it is the User’s responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Website’s content. The User acknowledges that such information and materials may contain inaccuracies or errors and ICICI Bank expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by Applicable Law.
5. The User hereby understands and agrees that once the user terminates his/her Membership, then ICICI Bank shall, at its sole discretion retain/remove the said User’s Content.
6. The User understands and agrees, ICICI Bank has no liability in case of any dispute between persons accessing the Website or between persons accessing the Website and any third party which has provided the content on the Website.
7. The User agrees to cooperate fully with ICICI Bank in the defense of any claim that is the subject of the User obligations hereunder.

4) CONFIDENTIALITY

1. All details, documents, data, applications, software, systems, papers, statements and business information which is communicated / submitted by ICICI Bank or any of its representatives to the User shall be regarded as confidential information (“Confidential Information”).
2. All Confidential Information shall be treated as absolutely confidential and the User irrevocably agrees and undertakes to ensure that they shall keep the same secret and confidential and that they shall not disclose the same, in whole or in part to any person without the prior written permission of ICICI Bank.
3. The User agrees:
   1. To take all necessary action to protect the Confidential Information against misuse, loss, destruction, deletion and/or alteration.
   2. Not to misuse or permit misuse directly or indirectly, or commercially explore the Confidential Information for economic or any other benefit.
   3. Not to make or retain any copies or record of any Confidential Information.
   4. To notify ICICI Bank promptly of any unauthorized or improper use or disclosure of the Confidential Information.
   5. To return all the Confidential Information upon termination/conclusion of the Program.
4. The User shall ensure that it has appropriate mechanisms and means to ensure adequate precautions to protect the privacy and confidentiality of all Confidential Information.
5. Nothing contained herein shall be applicable to any information required to be provided to any statutory / regulatory / government authority under Applicable Laws.
6. ICICI Bank may share the information collected through Program with any third party. ICICI Bank may from time to time employ other companies and individuals, agents / partners / service providers / authorized parties (“Third Parties’) to carry out functions on the behalf of ICICI Bank including but not limited to delivering services, sending mail, providing marketing assistance, analysing data, providing customer service and for accounting and invoicing purposes. In order to carry out their functions these companies and individuals may require access to User’s personal information but ICICI Bank shall only disclose such relevant personal information as is needed by these Third Parties to perform their functions. These Third Parties may send him/ her SMS, emails, phone calls and any other communications in relation to the Program content despite being registered with ‘Do Not Call’ registry.
7. The provisions of this clause shall survive the termination of the Terms for a period of 6 years.

 5) OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

1. All the Intellectual Property including but not limited to “ICICI Bank” logo, technology  images, software, the “look and feel” of the Website, the compilation, assembly and arrangement of the materials of the Website are Intellectual Property of ICICI Bank.
2. The Intellectual Property Rights relating to the Offer shall be the exclusive property of the alliance partner of ICICI Bank.
3. The Intellectual Property Rights relating to the Content from any third party, hosted on the Website shall be the exclusive property of the respective third party.
4. The Intellectual Property Rights relating to any Content submitted by the User and hosted on the Website, shall be co-owned by ICICI Bank and the User.
5. Nothing contained herein shall be construed as granting or implying any transfer of Intellectual Property Rights (including license rights) from one party to the other. Any rights not expressly granted in these Terms of Use are expressly reserved  

6) GOVERNING LAWS, JURISDICTION AND DISPUTE RESOLUTION

These Terms shall be construed in accordance with the laws of India. Courts of Mumbai shall have the exclusive jurisdiction to entertain any disputes arising out of or relating to these Terms to the exclusion of all other courts.
In case of any dispute between ICICI Bank and any User involved in the Program, the decision of ICICI Bank will be final and binding.

7) TERMINATION

1. The User agrees that ICICI Bank reserves the right in its sole discretion and at any time to terminate or suspend the Membership and/or block the User’s access to the Website for any reason, including, without limitation, if the User has failed to comply with the letter and spirit of these Terms. The User agrees that ICICI Bank shall not be liable to the User or any third party for any termination or suspension of the Membership or for blocking the User access to the Website.
2. ICICI Bank, may, in its sole discretion and at any point of time, suspend/cancel the Program without giving any reason thereof and/or without giving any prior notice of the same.
3. If the User becomes a registered user, the User may terminate Membership at any time by sending an e-mail to support@liveyourpassion.in
4. Any suspension or termination shall not affect the User’s obligations to ICICI Bank under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of the Membership or these Terms shall survive, including, but not limited to, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution.
5. The User agrees that upon suspension or termination of the User’s account, the User shall immediately discontinue use of the Website and destroy any copies of Website Content in the User possession, including deleting any downloaded Content on the User computer.
6. The User agrees that any actions taken under this section may be effective without any prior notice to the User.

8) INDEMNITY 

1. The User shall, at its own expense, indemnify, defend and hold harmless ICICI Bank and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) the User’s access to or use of the Website; (ii) User Content or through use of the User’s Membership; (iii) any actual or alleged violation or breach by the User of these Terms (iv) any actual or alleged breach of any User’s representation, warranty, or; or (v) the User’s acts or omissions.
2. The User hereby agrees to release and indemnify ICICI Bank and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with any dispute between persons accessing the Website or between persons accessing the Website and any third party which has provided the content on the Website.

9) DISCLAIMERS

1. The Website may provide hyperlinks and/or advertisements to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by ICICI Bank. These websites are not owned or controlled by ICICI Bank. ICICI Bank does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If the User accesses any third party website, service, or content from ICICI Bank, the User does so at his/her own risk and the User agrees that ICICI Bank shall have no liability arising from your use of or access to any third-party website, service, or content. ICICI Bank shall not liable for any cancellations/changes in offers made by any third party. ICICI Bank shall not be held responsible/liable for personal information that third parties collect, store and use through their website. User should always read the privacy policy of each website visited by him/her.
2. ICICI Bank reserves the right to change, modify, add or remove portions of these Terms at any time and without prior notice, and any changes will become effective immediately upon being posted unless provided otherwise. The User’s continued usage of the Website after this Terms has been amended shall be deemed to the User’s continued acceptance of the terms and conditions of the Terms, as amended.
3. In case of Intellectual Property Rights violation or any damage arising out of User generated content in this Program, the onus, responsibility and consequences thereof shall be taken on/ borne by the User solely and completely without any responsibility of ICICI Bank.

10) MISCELLANEOUS

Notwithstanding anything contained in the Terms or in any other document:

1. Under no circumstances shall ICICI Bank be liable to the User for any direct, indirect, incidental, consequential, special or exemplary damages arising with respect to the Program / activities carried on under the Terms or the termination of this Program, even if ICICI Bank has been advised of the possibility of such damages, such as, but not limited to, loss of revenue or anticipated profits or lost business.
2. ICICI Bank shall not have any liability whatsoever in case of any third party claims, demands, suit, actions, or other proceedings against the User or any other person engaged by the User in relation to the Program and/or arrangement contemplated under the Terms.
3. ICICI Bank reserves the right to revoke the User’s membership without assigning any reasons thereof, if it has reasonable grounds to believe that the User has breached any of these terms and conditions as may be specified by ICICI Bank from time to time. The decision of ICICI Bank shall be final and binding in this regard.
4. All communication / queries/ notices with regard to the Program should be addressed to e-mail support@liveyourpassion.in