PRIMARY TERMS AND CONDITIONS FOR CONSUMER FINANCE OF LOCKED DEVICE BASED LENDING PROGRAM
For the purpose of this Terms and Conditions (“Terms and Conditions”), unless there is anything repugnant to the subject or context thereof, the expressions listed below shall have the following meaning:
“Airtel” means Bharti Airtel Limited and/or Bharti Hexacom Limited who are providing the Airtel Plan as a part of Products.
“Business Day” shall mean a day other than: (i) Saturday and Sunday availed by the Customer under the Scheme defined herein below.
“Customers” shall mean any individual to whom the Facility has been sanctioned by ICICI pursuant to submitting a duly filled Customer Application and thereby purchases of Products from the Merchant. Such Customers may be individuals, self-employed professionals and non-professionals.
“Customer Application” shall mean the agreement to be executed by the Customer and ICICI Bank evidencing the existence of a debtor creditor relationship.
“Delinquency” in respect of any payment means when the Customer fails to make payment of any Customer’s EMI and/or any other dues on the Payment Due Date.
“Facility” shall mean the financial assistance extended by ICICI Bank to the Customers for purchase of Products, on such terms as may be stipulated by ICICI Bank, in this respect, from time to time under the Scheme.
“EMI means equated monthly installments of amounts payable by the Customer(s) to the ICICI Bank in respect of the Facility and comprising of principal amount of the Facility and the interest thereon.
“KYC” refers to the documents under the ‘know your customer’ guidelines issued by the Reserve Bank of India.
"MITC" means the Most Important Terms and Conditions governing the Facility and Scheme, which is provided by ICICI Bank to the Customer in Clause 19.
"Merchant" means Bharti Airtel Limited or Bharti Hexacom Limited who are providing the Airtel Plan as a part of Products.
“Mobile Handset” means the mobile which is being sold under this Terms and Conditions
“Mobile Handset Functionality Restriction” shall mean the activation of the third-party application/ patch installed in the Mobile Handset by ICICI which will restrict the functionality of the Mobile Handset as detailed in Clause 19.
“Retailer” means individuals, self-employed professionals and non-professionals, proprietary concerns, partnership firms and private limited companies who have been (i) on boarded by Airtel as a retailer and (ii) authorized to use the Retailer Application and(iii) selling the Products and (iv) facilitating the Customer to avail the Facility from ICICI Bank.
“Retailer Application” means the Mitra Application used by Airtel to onboard the Customer.
"Payment Due Date" means the date in every calendar month, as decided and communicated to the Customer by ICICI Bank, on which the EMI for servicing the Facility should be paid by the Customer.
“Scheme” refers to the arrangement between the ICICI Bank and the Customer for providing financial assistance (“Facility”) to the Customer for purchase of Products.
“Products” shall mean Mobile Handset and Airtel Plan.
“Tenure” shall mean an initial period of the Facility and subsequent renewals during which the Scheme shall be made available to the Customers.
“Terms and Conditions” means and includes these Primary Terms and Conditions including but not limited to the MITC, the Customer declarations under the Customer Application as amended and/or modified by ICICI Bank from time to time.
“Outstanding” means and includes the outstanding amount of the Facility, all interest late payment charges, payable by the Customer to ICICI Bank in accordance with the Terms and Conditions and/or any amount in connection with the Facility.
In the Terms and Conditions, unless a contrary intention appears a reference to:
i. an "amendment" includes a supplement, modification, novation, replacement or re-enactment and "amended" is to be construed accordingly;
ii. an "authorization" or "approval" includes an authorization, consent, clearance, approval, permission, resolution, license, exemption, filing and registration;
iii. "law" includes any constitution, statute, law, rule, regulation, ordinance, judgment, order, decree, authorization, or any published, directive, guideline, requirement or governmental restriction having the force of law, or any determination by, or interpretation of any of the foregoing by, any judicial authority, whether in effect as of the date of signing/submission of the Customer Application or thereafter and each as amended from time to time.
iv. the singular includes the plural (and vice versa);
v. the headings in these Primary Terms and Conditions are inserted for convenience of reference only and are to be ignored in construing and interpreting the Terms and Conditions;
vi. reference to the words "include" or "including" shall be construed without limitation;
vii. reference to a gender shall include references to the female, male and neuter genders;
viii. all approvals, permissions, consents or acceptance required from ICICI Bank for any matter shall require the prior, written approval, permission, consent or acceptance of ICICI Bank;
ix. in the event of any disagreement or dispute between ICICI Bank and the Customer regarding the materiality of any matter including of any event, occurrence, circumstance, change, fact, information, document, authorization, proceeding, act, omission, claims, breach, default or otherwise, the opinion of ICICI Bank as to the materiality of any of the foregoing shall be final and binding on the Customer; and
x. All references to Primary Terms and Conditions shall include all amendments made thereto by ICICI Bank from time to time.
2.1 The Customer hereby accepts the Terms and Conditions by providing the signature on the Customer Application form generated in the Retailer App at the time of availing the Facility.
2.2 The Terms and Conditions shall form a contract between the Customer and ICICI Bank for availing the Scheme under which ICICI Bank shall provide various financial assistance including the Facility.
2.3 The Facility under the Scheme shall be provided to the Customer in the sole discretion of ICICI Bank and shall be subject to the terms mentioned herein and any additional conditions as stipulated by ICICI Bank from time to time.
2.4 Customers agree to give her/his full consent and cooperation in the on-boarding process for the Scheme.
2.5 ICICI Bank reserves the right to accept or reject Customer Application for availing the Scheme and its decision in this regard shall be final and binding.
2.6 Customers are responsible for the accuracy of all personal information and any other information provided at the time of availing the Scheme.
2.7 Customers/Customer shall keep ICICI Bank updated on communication address, contact number and such other details as required to the satisfaction of ICICI Bank.
3. SANCTION AND USAGE
3.1 Customer shall apply for the Scheme and the Facility provided thereunder through the Retailer by providing his/her phone number. The Retailer shall enter the phone number into the Retailer Application. A one-time request message shall be generated and sent to the phone number as provided by the Customer.
3.2 Upon verification of the aforesaid one-time-message, the Customer shall provide his KYC details to the Retailer, including but not limited to (i) PAN Card or Form 60 which has been duly filled (ii) and a government issued address proof document which shall then be provided to ICICI Bank (iii) Aadhar Card.
3.3 ICICI Bank, upon perusal of the documents and/or any other document as may be deemed necessary, at its sole discretion, may choose to extend the Facility to the Customer under the Scheme.
3.4 Upon receipt of aforementioned approval from ICICI Bank, the Retailer shall provide the Customer with a Customer Application form and Terms and Conditions.
3.5 The Retailer shall take consent of the Customer on the Loan Application Form and the Terms and Conditions (in the format provided by ICICI Bank) and shall submit a (soft copy) to ICICI Bank.
4.1 The Facility under the Scheme shall be provided to the Customer in the sole discretion of ICICI Bank after processing the Customer Application as per the standard practice of ICICI Bank and shall be subject to the terms mentioned herein and any additional conditions as stipulated by ICICI Bank from time to time.
4.2 The Customer agrees and acknowledges that the Facility amount shall be disbursed to the Retailer (for the remaining price of the Handset –device loan) and Airtel (for the recharge plans proposed under the Scheme) for and on behalf of the Customer.
4.3 The Facility shall be deemed to be disbursed on the transfer of Facility amount from ICICI Bank’s account to the Retailer’s and Airtel’s designated account registered with ICICI Bank.
6. PAYMENT AND REPAYMENT
6.1 The Customer shall repay the Facility amount and applicable interest, in the form of EMIs on or within the Payment Due Date.
6.2 The Customer shall bear goods and services tax and any other statutory levies as may be applicable from time to time.
6.3 If ECS/NACH (electronic clearing services/payment services for facilitating the payment/repayment with the consent of the Customer) or such other instrument is returned, the Customer shall pay EMI bounce charges as specified in the Terms and Conditions. Additionally Mobile Handset Functionality Restriction shall be activated on the Mobile Handset on which this Facility is available and the Mobile Handset on which this Facility is availed will get blocked in case payment is not made within 4 days after the Payment Due Date.
6.4 In the event the EMI is not paid within the Payment Due Date, it shall be construed as a default on part of the Customer and he/she shall become liable to pay the amount together with Interest as specified in the MITC and late payment charges as specified in the next month’s account statement. Such Interest will be computed from the Payment Due Date.
6.5 On receipt of delayed payments received by ICICI Bank from the Customer, the amount shall be appropriated first against the Outstanding due and thereafter against the default Interest and late payment charges.
6.6 In the event of non- payment, ICICI Bank in addition to levying Interest and late payment charges as specified in this Terms and Conditions , shall impose a permanent restriction on the Customer from availing the Scheme from any merchant (engaged by it), unless such restriction is revoked by ICICI Bank at its sole discretion.
7. REPRESENTATIONS, WARRANTIES AND COVENANTS
7.1 Customers by applying for the Scheme hereby agree to abide by the Terms and Conditions.
7.2 Customers hereby agree to have read, understood and accepted the Terms and Conditions and are aware that the Terms and Conditions.
7.3 Customers hereby agrees, represents and warrants not to default or delay in the payment of EMIs.
7.4 Customers agree that he/she has understood the method of calculation of Interest as specified in the Terms and Conditions and other charges as levied in cases wherein the EMI has not been paid on or within the Payment Due Date. Customers agree and confirm that ICICI Bank shall not be liable in any manner to Customers for failure or delay in providing the Facility/facilities under the Scheme.
7.5 All information provided by the Customer to ICICI Bank is true and correct.
7.6 Customer shall promptly notify ICICI Bank on the occurrence of any event which may make any information provided to ICICI Bank untrue or incorrect.
7.7 Customer shall promptly notify ICICI Bank of any action or steps taken or any legal, administrative or other proceedings started/threatened by or against Customer in any court of law.
7.8 Customer shall promptly and not later than 7 days from the occurrence of such event, notify ICICI Bank in writing with full details of all or any change/s of details or personal information.
7.9 Customer shall be under the sole responsibility of taking the possession and getting the delivery of the Product from the Merchant. ICICI Bank shall not be held liable or responsible, in any manner whatsoever, for the delayed delivery/non-delivery of the Product and/or related quality, fitness or suitability of the Product.
7.10 Customer acknowledges and agrees that ICICI Bank by providing the Facility under the Scheme to the Customer creates a relationship of debtor and creditor between the Customer and ICICI Bank and ICICI Bank shall under no circumstance be regarded as a service provider in relation to the Products.
8.1 The following acts, as set out below, shall constitute an ‘Event of Default’ by the Customer:
a. The default in paying the EMI on or within the Payment Due Date as payable under the Scheme.
b. Breach of any of the Terms and Conditions, representations, warranties, covenants or occurrence of any fraud, misrepresentation or failure to submit any material information.
c. Customer becomes bankrupt or insolvent, voluntarily or involuntarily becomes the subject of proceedings under any bankruptcy or insolvency law.
d. It is or becomes unlawful for the Customer to perform any of its obligations under the Scheme and/or the Facility.
e. Death of the Customer.
f. The existence of any other circumstances which, in the sole opinion of ICICI Bank, jeopardizes ICICI Bank's interest.
8.2 Upon the occurrence of an Event of Default as specified above, without prejudice to the other remedies available under law or in equity, ICICI Bank shall be entitled to exercise the following rights and remedies and may give a notice to the Customer in this regard:
a. terminate the Facility and call upon the Customer to pay the Outstanding immediately.
b. suspend further access to Scheme or any other financial assistances from ICICI Bank.
c. ICICI Bank reserves the right to engage one or more persons to collect dues from the Customer. ICICI Bank may furnish to such person(s) such information, facts and figures pertaining to Facility, Scheme, contact details of such Customer, as it may deem fit.
d. ICICI Bank reserves the right to call upon the successors/ legal heirs of the Customer to pay the Outstanding and any other charges in full to ICICI Bank in the event of Customer’s death. ICICI Bank shall have the same rights as against the legal heirs/ successors of such Customers as it has against the Customers.
e. ICICI Bank reserves the right to report the said Customer to the Credit Information Bureau (India) Limited, RBI, NHB or any other regulatory authority for any default on the Outstanding at that point of time.
f. In addition to above, ICICI Bank reserves the right to initiate legal proceedings against such Customers.
irrevocable and unconditional right to disable and lock the Mobile Handset using the lock application and thereby activate the Mobile Handset Functionality Restriction until such period it deems fit.
9.1 ICICI Bank may at any time with or without notice, withdraw, terminate, and/or suspend the Scheme/Facility at any time or in case of an Event of Default, as provided hereinabove.
10.1 Customers, as the case may be, agrees to indemnify and hold ICICI Bank and its affiliates harmless from and against all losses, damages, costs, claims and expenses whatsoever which ICICI Bank may at any time incur, sustain, suffer or is likely to suffer in connection with or as a consequence of or by reason of providing the Scheme. The Customer will pay ICICI Bank and /or the affiliates such amount as may be determined by ICICI Bank and/or the affiliates to be sufficient to indemnify it against any such loss or expenses.
10.2 Further, the Customer, as the case maybe, agrees, to indemnify, defend and hold harmless ICICI Bank and its affiliates against any claim, suit, action or other proceeding brought against ICICI Bank or its affiliates by a third party including but not limited to such claim, suit, action of other proceeding brought against ICICI Bank and its affiliates is based on or arises in connection with:
a. a violation of the Terms and Conditions contained herein;
b. any alterations or any unauthorized use of the Scheme; or
c. any misrepresentation or breach of representation, warranty or covenant made by the Customer as contained herein.
10.3 Notwithstanding anything to the contrary contained herein or under any other transaction documents, the provisions of this clause shall survive the termination of the Facility or the Scheme.
11. EXCLUSION OF LIABILITY
11.1 In no event shall ICICI Bank be liable to the Customer as the case may be for any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages of loss of goods or services, loss of business profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access the Scheme or for any security breach or any virus, bug, unauthorized intervention, defect, or technical malfunctioning of the Retailer App and/or ICICI Bank’s systems, whether or not foreseeable and whether or not Retailer and/or ICICI Bank have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, your use of, or access to, the Scheme. Further, ICICI Bank shall not be liable to Customer or the Customer, as the case may be for any temporary disablement, permanent discontinuance of the services by ICICI Bank and/or the Merchant or for any consequences resulting from such actions.
11.2 Further, without prejudice to the remedies available to ICICI Bank under the Terms and Conditions, ICICI Bank shall be under no liability whatsoever to Customers in respect of any loss or damage arising directly or indirectly out of:
(i) any defect in any Product supplied;
(ii) delay in delivery or non-receipt of Product purchased;
(iii) the refusal by the Merchant to honor the Scheme;
(iv) the malfunction of any Retailer Application;
(v) acts done by ICICI Bank on the instruction of any person impersonating himself/herself as a Customer;
(vi) the exercise by ICICI Bank of its right to terminate the Facility/Scheme; or
(vii) any injury to the credit character and reputation of Customer alleged to have been caused by the closure of the Scheme and/or the refusal of any Merchant/ mail order establishment to honor the Scheme.
11.3 ICICI Bank holds out no warranty or makes no representation about quality, delivery or otherwise of the Product.
11.4 Any dispute or claim arising in relation to the Product purchased by Customer/Customer must be resolved with the Merchant. The existence of the claim or dispute shall not relieve the Customer of his/her obligation to pay the dues to ICICI Bank.
11.5 In the event a demand or claim for settlement of Outstanding due to the Customers is made, either by ICICI Bank or any person acting on behalf of ICICI Bank, the Customer agrees and acknowledges that such demand or claim shall not be regarded as an act of defamation or an act prejudicial to or reflecting upon the character of the Customer in any manner.
11.6 Notwithstanding anything to the contrary contained herein or under any other transaction documents, the provisions of this clause shall survive the termination of the Facility or the Scheme.
12. RIGHT OF SET-OFF & LIEN
12.1 ICICI Bank and its group companies shall have the paramount right of set-off and lien, irrespective of any other lien or charge, present as well as future on the deposits of any kind and nature held/ balances lying in any other account(s) of the Customers maintained with ICICI Bank and / or its group companies, whether in single name or joint name(s) and on any monies, securities, bonds and all other assets, documents and properties held by/ under the control of ICICI Bank and/or its group companies (whether by way of security or otherwise pursuant to any contract entered/ to be entered into by the Customer in any capacity) towards the satisfaction of the Customers liability under the Scheme. ICICI Bank and/ or its group companies are entitled without any notice to the Customer, to settle any indebtedness whatsoever owed by the Customer to ICICI Bank and/or its group companies, (whether actual or contingent, or whether primary or collateral, or whether joint and/or several) hereunder or under any other document/ agreement, by adjusting, setting-off any deposit(s) and/or transferring monies lying to the balance of any account(s) held by the Customer with ICICI Bank and/or its group companies notwithstanding that the deposit(s)/ balances lying in such account(s) may not be expressed in the same currency as such indebtedness. ICICI Bank's and its group companies' rights hereunder shall not be affected by the Customers’ bankruptcy, death or winding-up. It shall be the Customers sole responsibility and liability to settle all disputes/ objections with any such joint account holders.
12.2 In addition to the above mentioned right or any other right which ICICI Bank and its group companies may at any time be entitled whether by operation of law, contract or otherwise, ICICI Bank is authorized / will be entitled: (a) to combine or consolidate at any time all or any of the accounts and liabilities of the Customers with or to any branch of ICICI Bank and/or its group companies; (b) to institute any judicial proceedings in case of non- payment of outstanding dues from the Customers.
13. AUTO DEBIT
13.1 Customer(s) may avail the auto debit facility for paying the EMI under the Scheme. On availing the auto debit facility, the bank account of such Customers will be debited, for the EMI as mentioned in the account statement, on or within the Payment Due Date. In case the Payment Due Date is not a Business Day, the bank account shall be debited on the next Business Day. In the event if the bank account does not have sufficient funds on the Payment Due Date, the Customer shall be liable to pay all the charges applicable in addition to the EMI as generated in the next month’s account statement. The Customer agrees and confirms that all the particulars submitted to ICICI Bank/Retailer by her/him for availing of the auto debit facility shall be correct and complete. ICICI Bank shall not be liable if the auto debit transaction is delayed or not effected at all for reasons of incomplete or incorrect information or for any reason whatsoever.
14.1 ICICI Bank shall, without any specific consent/authorization of the Customer may disclose all or any information related to the Customer and/or information related to the Facility availed by the Customer under the Scheme and/or liabilities/obligations of the Customer under the Facility to the Credit Information Bureau (India) Limited (“CIBIL”) or any other existing or future credit bureaus/credit reference agencies and/or to Reserve Bank of India (“RBI”) and/or to the National Housing Bank (“NHB”) and/or to any other regulatory authorities.
14.2 The Customer agrees and confirms that ICICI Bank may also disclose any of the aforesaid information to its group companies.
15. GOVERNING LAW AND JURISDICTION
The Terms and Conditions shall be governed by and construed in accordance with the laws of India and the competent courts/tribunals in Mumbai shall have exclusive jurisdiction to deal with any dispute that may arise out of the Terms and Conditions or in respect of Scheme. The existence of a dispute, if any, shall not constitute a claim against ICICI Bank.
16. NOTICES AND COMPLAINTS
All notices, requests, demands, waivers, complaints, queries and other communications required or permitted to be given hereunder in relation to the Scheme, shall be submitted to ICICI Bank. Any other notices, requests, demands, waivers, complaints, queries and other communications arising out of any acts or omissions of the Merchant to whom the payment was made using the Scheme, shall be resolved between the Customer and such Merchant only and ICICI Bank shall have no responsibility or liability whatsoever in this regard. Merchant shall be responsible for all service related issues of the Product.
The products, services and offers referred to herein are subject to the terms and conditions governing them as specified by ICICI Bank / third party from time to time and are offered at the sole discretion of ICICI Bank / third party. Nothing contained herein shall constitute or be deemed to constitute an advice, invitation or solicitation to purchase any products/ services of ICICI Bank / third party. ICICI Bank makes no representation about the quality, delivery, usefulness or otherwise of the goods / services offered by the third party.
ICICI Bank may, at its sole discretion, utilize the services of external service provider/s or agent/s. Misuse of any intellectual property, or any other content displayed herein is strictly prohibited.
18.1 Terms and Conditions and/or policies may be varied, amended or modified, in whole or in part, by ICICI Bank at any time without notice.
18.2 The contents of the Terms and Conditions have been fully explained to and understood by the Customer at the time of availing the Facility under the Scheme.
18.3 ICICI Bank may assign, in whole or in part, the benefits or obligations of the Terms and Conditions to its affiliates, or any other company, for the reasons including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or any other reason whatsoever. ICICI Bank shall not require approval or consent of the Customer for assigning rights and obligations and shall at their own discretion provide an intimation of such assignment to the Customer.
18.4 The Customers shall not assign, in whole or in part, the benefits or obligations of this Scheme without the prior consent of ICICI Bank.
18.5 Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
18.6 Notwithstanding any suspension or termination of Scheme, all rights and remedies of ICICI Bank as per the Terms and Conditions shall continue to survive until the receipt of the EMI and any other charges in full to the satisfaction of ICICI Bank.
18.7 If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
18.8 Details of the Interest and late payment charges as specified in the MITC, goods and services tax and other statutory levies applicable on the Scheme shall be as per the account statement generated by ICICI Bank. Details of all other charges shall be as per the MITC.
18.9 The Primary Terms and Conditions shall be in addition to and not in substitution or derogation to the MITC.
19 MOST IMPORTANT TERMS AND CONDITIONS (MITC)
|Device||Nokia C3||Redmi 8A Dual|
|Loan Amount||₹ 6099/-||₹ 6099/-|
|Down-payment||₹ 2999/-||₹ 3499/-|
|Rate of Interest in %||19% (Reducing)|
|Repayment Amount||Equated Monthly Installment (EMI)|
|Late Fee (Penalty for Delayed Repayment):||INR 25 + GST (per month)|
|Processing Fee||₹85 + GST|
1. The Customer understands, acknowledges and accepts that the Scheme, Product and Facility has been provided on the understanding the Mobile Handset shall be delivered with a third-party application/ patch installed in the Mobile Handset (“Lock Application”).
The Customer understands, acknowledges and accepts that the Retailer will have to download and install additional applications in the Mobile Handset. The Customer shall allow the Retailer to undertake all necessary steps including but not limited to downloading any mobile applications in order to facilitate the usage of the lock solution.
2. The Customer understands, acknowledges and accepts that upon paying the down payment amount, the Airtel Plan under the Scheme shall be triggered. In order to continue the benefits of the Airtel Plan under the Scheme, the Customer shall undertake the payment of EMI on a monthly basis.
3. The Customer understands, acknowledges and accepts it cannot port out of Airtel connection during the Tenure. The Customer, further cannot move from the existing prepaid scheme to a postpaid scheme during the Tenure. The said features shall be disabled for the mobile number under which the Scheme has been availed for the Tenure.
4. The Customer further understands, acknowledges and accepts that the Customer can avail of only specific recharge options for the mobile number under which the Scheme (“Specific Recharge Options”) as proposed by Airtel from time to time.. These recharges can be done by the Customer at his discretion and shall be over and above the recharge fired by Airtel under the Airtel Plan under the Scheme. Specific Recharge options shall mean International roaming, ISD calling rate cutter, Talk time top ups in multiples of 10, 4G data packs, SMS pack which are available from time to time with Airtel. For avoidance of doubt, the Specific Recharge Options may vary from time to time.
5. For avoidance of doubt, all recharges except the Specific Recharge Options shall not be available for the Customer until the expiry of the Tenure.
6. Upon expiry of the Tenure, the Customer will be able to avail of all the recharge plans available at the said time.
7. The Customer understands, acknowledges and accepts that the Lock Application can undertake the following activities :
(a) Take control of the Mobile Handset and activate the Mobile Handset Functionality Restriction.
(b) Restrict incoming / outgoing calls, SMS service, internet usage and any other applications
8. The Customer further understands and confirms that he/she has read, understood the terms of services with respect to the Product, and that the Lock Application may collect information through its use, including but not limited to its operating system, device serial number (Android ID, IMEI, MEID, ESN), SIM card number and model number. Customer further understands and confirms that he/she has read and accept the privacy disclosure statement of the Lock Application provider (Payjoy Privacy Disclosure) pertaining to installation and usage of the Lock Application as detailed at https://payjoy.com/policy/privacy.php?v=lo. The Customer may uninstall the Lock Application from the Mobile Handset upon expiry of the Tenure.
The Customer understands and acknowledges that Airtel may reach out to the Customer with SMS, notifications and outbound calls during the Tenure.
9. The Customer understands and agrees that ICICI Bank shall have an irrevocable and unconditional right to activate the Mobile Handset Functionality Restriction, disable and lock the Mobile Handset using the Lock Application on occurrence of the below mentioned events (“Default Events”):
(a) Delay in paying the EMI within the Payment Due Date;
(b) Breach of any of the Terms and Conditions, representations, warranties, covenants or occurrence of any fraud, misrepresentation or failure to submit any material information.
(c) Customer becomes bankrupt or insolvent, voluntarily or involuntarily becomes the subject of proceedings under any bankruptcy or insolvency law.
(d) It is or becomes unlawful for the Customer to perform any of its obligations under the Scheme and/or the Facility.
(e) Death of the Customer.
(f) The existence of any other circumstances which, in the sole opinion of ICICI Bank, jeopardizes ICICI Bank's interest.
10. Airtel may at its discretion, call the Customer and inform the Customer that the Mobile Handset may be disabled and the Mobile Handset Functionality Restriction may be activated. Upon disabling and locking of the Mobile Handset and activating the Mobile Handset Functionality Restriction the following restrictions shall apply on the Mobile Handset:
(a) Functionality of the Mobile Handset is impaired completely;
(b) Restriction will however allow Emergency Calls to designated numbers i.e. voice calls to the following numbers: 121, 198, 100, 101, 102 and 112;
(c) Access to contacts will be allowed;
(d) Access to outgoing calls, outgoing messages, stored messages, usage of data and any other application will not be permitted;
(e) Restriction on availing of Specific Recharge Options or any other recharges available with Airtel;
For avoidance of doubt, the usage of the sim will be restricted except to the extent required to undertake emergency calls. The Customer will further be able to receive incoming calls and incoming messages provided the sim is inserted in another handset.
The Mobile Handset Functionality Restriction shall continue for such time till the Default event is not rectified by the Customer. In cases where the Mobile Handset has been disabled and locked due to Default Events, it will take a minimum of 72 hours to deactivate the Locking Solution.
The Customer herein agrees that it shall have no claims whatsoever against ICICI Bank, the developer or provider of the Locking Solution that has licensed the Locking Solution to Airtel, Airtel or the Mobile Handset provider for disabling and locking of the Mobile Handset and further confirms that is shall have no claims pertaining to the reasonable time taken for unlocking the Mobile Handset.
11. The Customer understands that the Locking Solution may be activated inadvertently due to various reasons other than that what is mentioned under the Terms and Conditions including but not limited to any technical issues. In such cases, upon intimation of the same, efforts shall be made to deactivate the Locking Solution within 72 Hours. The Customer acknowledges and confirms that it shall not have any claims against ICICI Bank, Mobile Handset provider, the developer or provider of the Locking Solution that has licensed the Locking Solution to Airtel, or Airtel for any inconvenience, difficulty or damage caused due to the same.
12. For the Tenure, the Mobile Handset will be locked to a specific Airtel prepaid MSISDN (Mobile number given by the customer at the time of on-boarding). Mobile Handset will get locked and the Mobile Handset Functionality Restriction shall be activated, if the said sim is removed from the Mobile Handset.
13. The Airtel mobile number under which the Scheme is availed can be used in any of the sim slots.
14. Customer understands, acknowledges and accepts that in cases where the Customer undertakes timely payment of the EMI, however removes the Airtel sim from the Mobile Handset during the Tenure, the Functionality of the Mobile Handset will be impaired completely. However the Airtel sim shall function on any other Mobile Handset.
15. Payment of EMI
(i) For any Mobile Handset purchased by the Customer between 20th of particular month (M0) and 19th of the following month (M1), the due date for payment of EMI shall be 5th of M2. The Customer shall be provided a 4-day grace period starting from the 5th of M2 for repayment. In case where the EMI is not paid within the said grace period, ICICI Bank shall activate the Mobile Handset Functionality Restriction.
(ii) In case the Customer wished to pay the EMI post the 4–day grace period starting from the 5th of M2, the same shall be accepted with a late payment fee amounting to Rs. 25 plus applicable GST.
(iii) If the EMI is paid post the Payment Due Date, it will take a minimum of 72 hours for the Mobile Handset Functionality Restriction to be deactivated, the Mobile Handset to be unlocked and for Airtel to fire the mobile recharge.
16. The Customer herein understands, acknowledges and accepts that in cases where the Customer tampers with the Locking Solution or tampers with the Handset in a manner not envisaged under the warranty terms of the Handset provider, the Mobile Handset Functionality Restriction shall be activated and the Handset will not be recharged by Airtel. The same shall apply irrespective of the fact the Customer has been paying the EMIs on time.