Terms and Conditions

TERMS AND CONDITIONS FOR USAGE OF BILL PAY SERVICES

1.DEFINITIONS:

1.1

"Bill Pay Services" means and includes the services to be provided hereunder by Citibank, N.A. ("Citibank") to the Customer pursuant to which Customer can make Payment by debit to the Citibank Account or charge to Valid Card, in respect of any Utilities/Services, in accordance with and pursuant to the Instructions as illustrated in Clause 2 below, For provision of the Bill Pay Services, a fee may be payable to Citibank by the Customer in accordance with the applicable Specific Terms and Conditions. The term 'Bill Pay Services' may be referred to by any other term/name/nomenclature such as 'Citibank Bill pay' or 'Utility Bill payment' etc. at the sole discretion of Citibank.

1.2

'Citibank Account' shall mean either a resident savings bank account or resident current account, as the case may be, held by a Customer with a branch of Citibank N.A. ('Citibank') in India, subject to the Terms and Conditions applicable to the same from time to time, and which has clear funds for Payments pursuant to Instructions/Information.

1.3

'CitiPhone' shall mean the direct telephone banking services available to a Customer from Citibank in India, presently under the name 'CitiPhone', being subject to the Terms and Conditions applicable to the same from time to time.

1.4

'Customer' means a resident of India who is a Valid Card holder and/or the sole or first holder of a Citibank Account, who owns or controls a Phone which supports SMS, and who has accepted these Terms and Conditions.

1.5

'Details' means the Phone number and the following details pertaining to the Customer and to either a Valid Card or Citibank Account.

1.6

'Information' shall mean the information relating to and/or in respect of and/or pursuant to Bill Pay Services under the Terms and Conditions and the Specific Terms and Conditions,

•	provided by a Customer to merchant establishments, utilities providers, Service Providers;
•	providing/intending to provide Utilities/Services to the Customer (collectively, 'Vendors');
•	provided by a Customer to Citibank;
•	provided by a Customer, through Service Providers, to Vendors and/or to Citibank;
•	provided by Citibank to a Customer, directly or through Service Providers/Vendors;
•	provided by Citibank to Vendors, directly or through Service Providers;
•	provided by Vendors to Citibank, directly or indirectly or through Service Providers,

for the purposes of the Customer availing of Utilities/Services from Vendors, and Payment to the Vendors by the Customer for the Utilities/Services pursuant to Instructions, by debit to the Citibank Account or charge to the Valid Card, as the case may be, and for the purposes of the Customer availing of non-financial transactions with Citibank in India relating to the Citibank Account and/or Valid Card.

1.7

'Instructions' shall mean the instructions received by Citibank from the Customer through Citibank Online /Citi Mobile, thereby authorizing Citibank to register the Customer for Bill Pay Services or prepaid top-up of the Phone(s) as applicable, including by way of Information, in relation to Bill Pay Services, for Payments for Utilities/Services by Citibank to the Customer.

1.8

'Payments' or in each instance 'Payment', means the payments that the Customer is required to make for the Utilities/Services used/availed of/to be used/availed of by the Customer, which payment the Customer intends to make by using any of the Bill Pay Services through charge/debit to the Customer's Valid Card or Citibank Account.

1.9

'Phone(s)' shall mean Phone(s) owned/in the control of the Customer which support(s) voice and data exchange offered by any Telephone Service Provider.

1.10

'Remembrance Facility' shall mean an option provided by Citibank to Customers (in respect of certain of the Utilities/Services under Specific Terms and Conditions) where the Customer may permit Citibank to remember certain Details, which Details would be automatically reproduced the next time the Customer desires to make Payments in respect of such Utilities/Services.

1.11

'Service Provider(s)' shall mean any person appointed by Citibank under a principal-to-principal contract to provide any service related to the Bill Pay Services and who also has a principal-to-principal contract for services with the relevant Vendor in relation to Utilities/Services.

1.12

'SMS' shall mean Short Messaging Service, being a service offered by Telephone Service Provider(s) and/or any other method of electronic communication that may now or anytime in the future be offered by Telephone Service Provider(s).

1.13

'Specific Terms and Conditions' means the Specific Terms and Conditions applicable to each Bill Pay Service offered to the Customer from time to time. Specific Terms and Conditions are subject to change at the sole discretion of Citibank.

1.14

'Telephone Service Provider(s)' shall mean any person permitted by the Government of India or any competent authority in India to provide mobile telephony services in India that support voice and/or data traffic.

1.15

'Terms and Conditions' means these Terms and Conditions and any and all annexures, schedules, exhibits, appendices attached to it or incorporated by reference from time to time. These Terms and Conditions are supplemented by and are in addition to the Specific Terms and Conditions, which would require to be accepted by the Customer prior to availing of any specific Bill Pay Service. If there is a conflict or repugnancy between these Terms and Conditions and any Specific Terms and Conditions, such Specific Terms and Conditions would prevail for all intents and purposes in relation to the specific Bill Pay Service in question. Terms and Conditions are subject to change at the sole discretion of Citibank.

1.16

'Utilities/Services' shall mean the goods, utilities and services offered by Vendors/Citibank under the purview of Bill Pay Services, from time to time, either directly or through Service Provider(s), which the Customer may avail of and/or make Payment for, as the case may be, by using the Bill Pay Services.

1.17

'Valid Card' shall mean an unexpired Credit Card issued by (i) Citibank in India participating in the Diners Card Plan; or (ii) Citibank in India participating in the Visa/MasterCard Plan. The term 'Valid Card' shall not include any Credit Card which is listed in any warning bulletin for any reason, and shall also not include any Credit Card on which payments are overdue and/or on which the spend is beyond the credit limit, at the time of an Instruction or charge for Payment.

1.18

"Client Application" shall be the software/website provided by and modified from time to time by Citibank using which the Customer will be able to access his/her Citibank Account related information through a Data Connection or SMS.

2.A.

Customers of Citibank in India, in availing of Utilities/Services from Vendors, e.g., from:

•	various merchant establishments in India such as sellers of consumer articles (e.g., books, periodicals, fashion accessories, etc.);
•	various utilities providers in India (e.g., electricity companies, telephone companies, oil companies, gas companies, etc.);
•	various services providers in India (e.g., travel agents, airline companies, etc.),

may, subject to these Terms and Conditions and the relevant Specific Terms and Conditions, opt to make Payments for such Utilities/Services by issuing Instructions to debit their Citibank Account or charge their Valid Card for the value of their Utilities/Services transactions, and make Payment to the concerned Vendors.

Where the Utilities/Services availed of/desired to be availed of by the Customer is/are such that the Customer has an arrangement with the concerned Vendor whereby the Vendor is authorised by the Customer, to periodically or from time to time, issue Instructions to Citibank for debit to the Customer's Citibank Account or charge to the Customer's Valid Card for Payment of the value of the transactions, the Customer agrees that the concerned Vendor may provide Information/Instructions to Citibank, whereupon Citibank will debit the Customer's Citibank Account or charge the Customer's Valid Card for the Payment to the Vendor for the value of the transactions, in accordance with and pursuant to the Information/Instructions.

Where a Vendor, has a specific one-time or limited offering, Citibank may, on a request made by the Vendor, choose to inform Customers, at its sole discretion. Should Citibank elect to inform Customers, it shall do so by SMS to Customer's Phone(s). Should Customers be willing to avail of the offering(s), Customers would be required to provide Citibank with an Instruction (in the manner as specified by Citibank in the SMS). Should the Customer issue an Instruction accepting the offering, Citibank will debit the Customer's Citibank Account or charge the Customer's Valid Card for the Payment to the Vendor of the value of the transaction, in accordance with and pursuant to the Information/Instruction.

Customers may from time to time, be able to avail of non-financial transactions with Citibank in relation to their Citibank Accounts and Valid Cards by issuing Instructions to Citibank which Instructions would be required to be in accordance with the format for the same as specified by Citibank from time to time. In the context of any of the aforesaid in (A), (B) or (C), the concerned Vendor may have entered into principal-to-principal arrangements with third party Service Providers with whom Citibank may also have entered into principal-to-principal arrangements, such Service Providers providing the communication and Instructions and Information transmission linkages between Vendors, Customers and Citibank, and the Customer accepts that such third party Service Providers provide the linkages for the Bill Pay Services.

3.AGREEMENT BY CUSTOMER TO RECEIVE BILL PAY SERVICES:

On the Terms and Conditions herein contained, Citibank offers the Bill Pay Services to the Customer to enable the Customer to make Payments towards Utilities/Services, in terms of and subject to acceptance by the Customer of the Specific Terms and Conditions for each distinct Bill Pay Service.

4.RELIANCE OF INFORMATION AND AUTHORITY TO ACT:

The Customer hereby confirms that the Phone number(s) and/or Information provided to Citibank by the Customer, is/are in relation to the Bill Pay Services, and is/are owned/in the control of the Customer.

The Customer further confirms that, unless otherwise expressly informed to Citibank by the Customer, any communication/Instruction through Citibank Online Citi Mobile is and shall be with the knowledge of and within the control of the Customer. The Customer hereby also undertakes to inform Citibank immediately upon any of, loss of the Phone(s), the Phone(s) being outside the control of the Customer and/or any change, circumstances or event that may affect the provision of the Bill Pay Services to the Customer. Until Citibank has received information as above from the Customer and Citibank has intimated in writing to the Customer as having taken the same on record, the Customer shall, in all circumstances, be fully responsible, and accepts full responsibility, for any and all Instructions/Information sent to and/or received by Citibank, directly or indirectly and whether from a Customer, Vendors and/or through Service Providers, and hereby authorizes Citibank to act on the Instructions and Information and process any and all transactions, make Payments for Utilities/Services, debit/charge the Customer's Citibank Account/Valid Card and do any and all such things and take all such actions as may be necessary to carry out Instructions and act upon Information including, but not limited to, obtaining all requisite Information and using such Remembrance Facility(ies) as may be necessary and shall not hold Citibank, the Utility/Service nor the intermediary service provider liable in any manner whatsoever. The Customer shall not contest the same in any manner whatsoever, and, accepts that Citibank is not at all, in any circumstances obliged to, and accordingly will not, verify and/or authenticate any Information or Instructions under any circumstances whatsoever, and further that for any of the following that does not originate or is issued from within Citibank, Citibank will not be liable for any misuse, interception, tampering with, and/or unauthorized use of Information/Instructions/Bill Pay Services either at the end of Vendors, Service Providers, Customers, or otherwise.

5.STORAGE AND USAGE OF INFORMATION AND INSTRUCTIONS:

The Customer understands, agrees and confirms that Citibank may, in its sole discretion, record in such mode and manner and retain and use in any manner for such period of time as deemed fit by Citibank, any and all Information and Instructions relayed from the Customer to Citibank and to the Customer from Citibank. The Customer further confirms and agrees that Information and Instructions as well as the data so stored may be used and relied upon by Citibank as conclusive proof and binding for all purposes, and made known by Citibank, together with all relevant, pertinent and associated information and particulars as to Customers, to any persons who may reasonably require the same, including to courts and regulators and government authorities, and to Service Providers of Citibank including Service Providers, and/or otherwise produced by Citibank in evidence and/or relied upon in any legal proceedings. In the context of this Clause, the Customer shall not hold the Utility/Service, the Service Provider or Citibank liable in any way whatsoever in view of the Bill Pay Services being provided/offered at the request of the Customer.

6.AUTHORITY TO OFFER SERVICES AND EFFECT CHANGES:

The Customer understands and accepts that if the Customer chooses to perform any transaction or issue any Instructions based thereon under any Bill Pay Service, the Customer shall be bound by the Terms and Conditions and by any and all applicable Specific Terms and Conditions. The Customer acknowledges and confirms that the Customer does not have any objection whatsoever to the Vendors providing the billing details and/or Information to Citibank for effecting the Bill Pay Services and further that, while Citibank shall take all reasonable steps to ensure accuracy of the billing details and/or Information, Citibank shall not be held liable for any loss or damage of any nature that the Customer may incur/suffer in the event such billing details and/or information turns out to be inaccurate/incorrect. The Customer acknowledges and confirms that the Customer has on Citibank Online / Citi Mobile, read, and shall read as and when updated and/or posted, and has unconditionally accepted and will unconditionally accept and be bound by the Terms and Conditions and each of the Specific Terms and Conditions governing specific Bill Pay Services made available to and used by the Customer and further confirms that the Customer shall avail of the Bill Pay Services on the bases of the Terms and Conditions and the Specific Terms and Conditions so stated. The Customer understands that Citibank may amend/modify/substitute the Terms and Conditions and/or the Specific Terms and Conditions as may be required by it, and the Customer agrees to be unconditionally bound by the same as applicable to the Bill Pay Services from time to time.

The Customer hereby authorizes Citibank to send the Customer, SMS to the Phone(s) with regard to the provision of any Bill Pay Service until specifically instructed otherwise in writing that the Customer does not wish to avail of any specific Bill Pay Service.

7.GENERAL:

7.1

Citibank will endeavour to effect Payments/Act in Terms of Instructions received by it, within such time as may be specified under the Specific Terms and Conditions applicable to each Bill Pay Service.

7.2

However, Citibank does not warrant that Payment/Fulfillment of Instructions will not be delayed, including for reasons beyond its control. As the Instructions/Information would depend on various electronic technology used from time to time, there could be delays and snags in receipt/transmission of any Information/Instructions to and from Citibank, the Customer, Vendors and/or Service Providers. Further, Citibank does not warrant the receipt of Instructions/Information. Citibank shall not be held liable or responsible for any failure or delay, whether directly or indirectly caused by any circumstances beyond the control of Citibank, including, but not limited to, acts of God, systems and communications breakdowns, failures or disruptions, orders or restrictions, war or warlike conditions, hostilities, sanctions, mobilizations, blockades, embargoes, detentions, revolutions, riots, looting, strikes, stoppages of labour, lockouts or other labour troubles, earthquakes, fires or accidents. Citibank shall not be liable or responsible to the Customer for any loss, damage, whether direct or indirect, costs, charges or expenses, due to or occasioned by delay/inability, under any circumstances.
Citigroup Inc., including its branches, subsidiaries and managed affiliates, including Citibank, N.A., (collectively, “Citi”) is committed to conducting business in compliance with all applicable U.S. laws and regulations, as well as those of each jurisdiction where Citi has operations. Among these laws and regulations, Citi is required to follow applicable sanctions laws and regulations in each jurisdiction where it conducts business, including, without limitation, applicable sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), competent authorities of the European Union (E.U.) Member States and competent authorities of United Nations (U.N.) Member States that implement U.N. Sanctions (collectively “local sanctions”). Citi, in its sole determination, may block, reject, suspend, report, and/or refuse to conduct any transaction or other activity related to any Account or Service, or ask for additional details pertaining to the transaction or otherwise take action or refrain from taking action, in light of local sanctions administered or enforced by any country or sanctions authority, including, without limitation, the United States (including, without limitation, the U.S. Department of the Treasury’s Office of Foreign Assets Control and the U.S. Department of State), the United Nations, the European Union, any member state of the European Union, and the United Kingdom (including, without limitation, Her Majesty’s Treasury). Neither Citi nor any of its branches or affiliates shall become liable for such action and/or inaction.

7.3

Vendors may from time to time and in particular instances, specify the date on which Payment is to be made and, notwithstanding any Instructions given by the Customer in this regard, Citibank shall have the authority from the Customer to cause Payment only on the date specified by the Vendor.

7.4

Citibank may, at its discretion, not make a Payment and shall communicate such decision to the Customer as soon as practicable. Citibank shall not be liable for loss, damage, whether direct or indirect, costs, charges or expenses incurred by the Customer in this regard.

7.5

In the event that the Customer makes a Payment by using any of the Bill Pay Services and such payment is rejected or returned by the Vendor for any reason whatsoever, Citibank shall refund the amount of the Payment to the Customer by credit to the Citibank Account/Valid Card, as the case may be, upon receipt of the same from the Vendor, and shall not be liable for any late charges, penalty, loss, damage whether direct or indirect, costs, charges or expenses incurred by the Customer in this regard.

7.6

Citibank reserves the right to, from time to time, limit the amount and frequency of Payments that a Customer may make by using the Bill Pay Services.

7.7

Citibank shall bear no obligation to provide information of any additional fines/charges etc. charged on the bill being presented to customers. For an itemized billing statement the customer will need to contact the concerned utility service provider. Citibank will merely present the total value of the bill inclusive of any such fines/charges etc.

7.8

Without prejudice to the generality of these Terms and Conditions, processing of all the Instructions is subject to the availability of free, clear and available funds/limits in the Customer's Citibank Account or Valid Card, as the case may be. In the event of clear funds/limits not being wholly available, Citibank shall not process the Instructions and shall not make Payments. Citibank is not obliged to transfer Instructions with respect to a Valid Card to a Citibank Account or vice versa.

7.9

Citibank neither endorses any of the Utilities/Services offered, nor makes any manner of recommendations and/or warranties, representations or assurances in respect of the same and/or Vendors and Service Providers of Vendors. Citibank is not in any manner party to the contracts or agreements or understandings that may be executed and/or arrived at between the Customer and Vendors and their Service Providers. The Vendors shall be solely responsible to the Customer to render the Utilities/Services for which Payment is to be made under these Terms and Conditions and the Specific Terms and Conditions and Citibank shall not be responsible and liable for any deficiency or defect in the same including, but not limited to, delayed, deficient or defective quality, delivery, quantity etc., and shall not be made party to any disputes between the Customer and any Vendors and/or Service Providers of Vendors. The Customer shall not hold Citibank liable for any non-service, delayed service, faulty service or defective or damaged goods rendered by Vendors and/or their Service Providers, and shall not contact, communicate in any manner whatsoever, inter alia, by electronic mail, telephone, post, Phone, SMS, or personal meeting with Citibank in this regard.

7.10

The Customer shall ensure that Citibank's charges are duly paid to Citibank, in the manner and within the time stipulated by Citibank, and Citibank shall, without prejudice to the Customer's obligation in this respect, be entitled to debit the Customer's Citibank Account/Valid Card for the charges or recover its charges from the Customer in any manner as it, at its discretion deems fit. If the Customer defaults in making payment of the charges to Citibank, Citibank shall be entitled (without prejudice to any other right or remedy it may have) to charge the Customer late payment interest at the applicable rate for delayed payment on all late payments, from the date the charge was required to be paid until the actual date of payment.

7.11

The Customer understands and acknowledges that any and/or all the Service Providers may require intermediate authentication codes/devices for the Bill Pay Services and may provide the same to the Customer to be used to perform transactions under the Bill Pay Services. The Customer hereby confirms and understands that Citibank is, in no way, able to control or regulate such authentication codes/devices and shall, consequently not be, in any way, liable or responsible for actions performed by the Customer/Vendors/Service Providers utilizing the same.

7.12

Citibank shall be entitled to rely upon all Information/Instructions, and other electronic communications, messages to Citibank from the Customer whether received by E-mail, on CitiPhone or otherwise, in the manner prescribed for the same from time to time by Citibank, and Citibank shall not be obliged to verify or make further inquiry into the identity of the sender, or the message or communication integrity or authenticity. The Customer shall in no circumstance dispute such reliance by Citibank. The Customer shall be responsible for the Phone, and any usage of the same, whether by a third party or any other person, under any circumstances shall be deemed to be a usage by the Customer. Without prejudice to Clause (4) above, it shall be the sole responsibility of the Customer to inform Citibank in writing about any change with regard to the Phone(s) and Citibank shall not be, in any way, liable or responsible for any loss, damages, costs, charges or expenses suffered/incurred by the Customer by reason of his failure to do so.

7.13

Citibank shall not be liable in contract, tort or otherwise for any direct, indirect or consequential loss or damage whatsoever sustained by the Customer by any direct or indirect use of or reliance on any electronic communication, orders or messages whether with or without the utilization of any security measures, including but not limited to any loss or damage resulting as a consequence of any defects, delays, interruptions, errors, inaccuracies or failures in various communications and Citibank specifically excludes the same to the fullest extent permitted by law even if Citibank shall have been advised in advance of the possibility of such damages.

7.14

Citibank reserves the right, but shall not be obliged, to make changes, enhancements, and/or modifications to the Bill Pay Services offered by Citibank from time to time.

7.15

Citibank reserves the right, to, at any time, suspend for any duration any or all of the Bill Pay Services offered by Citibank, without any specific or prior notice to the Customer in this regard.

7.16

Citibank reserves the right, to, at any time, terminate any or all of the Bill Pay Services offered by Citibank, without any specific or prior notice to the Customer in this regard.

7.17

Citibank reserves the right to, from time to time at its sole discretion, but with prior intimation to the Customer, charge fees in consideration for the provision of any and/or all of the Bill Pay Services.

7.18

The Customer shall provide Citibank with such Information and/or render such assistance as is required by Citibank for the performance of its obligations for the provision of the Bill Pay Services.

7.19

While Citibank shall endeavour to ensure that the Payments for Utilities/Services would be permitted in the various modes made available under these Terms and Conditions and the Specific Terms and Conditions, Citibank may, however, restrict the Payment for certain Utilities/Services in certain modes from time to time. Further, Citibank may, from time to time, withdraw or add modes of Payment under these Terms and Conditions and the Specific Terms and Conditions.

7.20

These Terms and Conditions shall be in addition to and not in derogation of the Terms and Conditions applicable to other services offered by Citibank.

7.21

Citibank may, in its sole discretion, accept any cancellation request by the Customer, provided that Citibank has not already made Payment. Citibank will not be liable for late charges, penalty, loss, damage, whether direct or indirect, costs, charges or expenses incurred by the Customer arising out of such cancellation. The Customer shall not dispute the mode and manner in which such cancellation requests may be required by Citibank and shall be bound by the same.

7.22

To enhance the security of all Bill pay transactions done on Citibank Online and Citi Mobile Citibank has introduced the one-time password (OTP) for new registration or payment to billers. As part of the validation, Citibank would trigger an OTP to the customer's registered mobile number.

8.INDEMNITY:

In consideration of Citibank agreeing to provide to the Customer the facility of Bill Pay Services, the Customer hereby irrevocably agrees, to indemnify and keep Citibank indemnified and harmless, at all times hereafter, from all losses, damages, costs, charges and consequences, legal fees and expenses, whatsoever, suffered or incurred by Citibank on account of any claims, actions, suits or otherwise instituted by the Customer, or by any third party whatsoever, arising out of or in connection with the Bill Pay Services and any and all transactions initiated by the use of the Bill Pay Services, Instructions/Information, cancellations, messages and communication whether with or without the knowledge of the Customer, or whether the same have been initiated bona fide or otherwise. The Customer further agrees and confirms that this indemnity shall remain valid and subsisting and binding upon the Customer notwithstanding any withdrawal, either partially or in totality, of and from the facility of Bill Pay Services.

9.NO WARRANTY:

9.1

Without prejudice to anything contained in these Terms and Conditions, Citibank makes no express or implied warranty with respect to the Bill Pay Services including, without limitation, any warranties of non-infringement of third party rights, title, marketability, satisfactory quality, fitness for a particular purpose.

9.2

In the event a bankruptcy/ insolvency proceeding is initiated against Billdesk or where Billdesk is declared as such, Citibank, N.A., its directors/ employees/ affiliates/ agents/ representatives, etc. shall not be responsible to refund any payments or settle any disputes where such payments are successfully routed to Billdesk. Citibank shall not entertain any communication in this regard.

10.NO LIABILITY:

Without prejudice to any other provisions hereof, Citibank shall not be liable to the Customer for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Bill Pay Services and/or these Terms and Conditions. Notwithstanding the generality of the above, Citibank expressly excludes liability for claimed consequential loss or damage or loss of profit, business, revenue, goodwill or anticipated savings.

11.CONFIDENTIALITY AND DISCLOSURE: Without prejudice to Clause (5) above,

11.1

To the extent not prohibited by applicable law, Citibank shall be entitled to transfer any information relating to the Customer and/or any other information given by the Customer for utilization of the Bill Pay Services including any Information/Instructions, to and between its branches, subsidiaries, representative offices, affiliates, representatives, auditors and agents of Citibank, Service Providers and other third parties selected by Citibank, wherever situated, for confidential use in and in connection with the Bill Pay Services, and

11.2

Citibank shall be entitled at any time to disclose any and all information concerning the Customer within the knowledge and possession of Citibank (a) to any party in connection with the Bill Pay Services facility provided by Citibank to the Customer, including inter alia, information relating to the cause for termination of Bill Pay Services, (b) to any other bank/association/financial institution or any other body in respect of any negative information in respect of the Customer.

11.3

This Clause and Clause (5) will survive the termination of this Agreement.

12.GENERAL:

12.1

Force Majeure
Without prejudice to Clause (7.2) above, Citibank shall not be liable for any failure to perform any of its obligations under these Terms and Conditions or any Specific Terms and Conditions if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations, at the election of Citibank shall either be terminated, or shall be suspended for so long as the Force Majeure Event continues. Citibank shall as soon as practicable inform the Customer of the existence of a Force Majeure Event. 'Force Majeure Event' includes but is not limited to any event due to any cause beyond the control of Citibank, including, without limitation, unavailability of any communication system, breach or virus in the processes or payment mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.

12.2

Waiver
A failure by Citibank to exercise or enforce any rights conferred upon it by these Terms and Conditions or the Specific Terms and Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

12.3

Survival After Termination
Clauses which are intended to survive the term and termination of these Terms and Conditions shall survive the term and termination hereof.

12.4

Updating of General Information in Citibank Systems
Information/Instructions under or in respect of the Bill Pay Services, including the details of the E-mail identity of the Customer and the Phone number(s) could be updated in the general systems of Citibank. The Customer agrees that Citibank may use all such information for the offering of other services and facilities available with Citibank to the Customer from time to time.

12.5

The Customer's acceptance of these Terms and Conditions and of any Specific Terms and Conditions
If these Terms and Conditions and any Specific Terms and Conditions and any changes or modifications thereto, are accepted on Citibank Online / Citi Mobile, the Customer's acceptance of these Terms and Conditions and of any Specific Terms and Conditions, and/or changes or modifications thereto, shall be deemed by the clicking of the 'I accept' functionality of Citibank Online / Citi Mobile. Citibank shall not be responsible or liable for checking or confirming the authenticity of such acceptance.

Furthermore, the above Terms and Conditions and any Specific Terms and Conditions and any changes or modifications thereto shall also be deemed to have been accepted by such Customers who have already registered for Bill Pay Services in the past or who have utilized the said Bill Pay Services through any of the Citibank channels in the past, with or without any formal acceptance of the same. Also, Customers having updated demographic details such as Phone(s) number(s), mobile Phone(s) number(s), E-mail Ids the past or likely do so in the future through any Citibank channels shall be covered by these Terms and Conditions and shall be deemed to have been unequivocally accepted by the Customer.

12.6

Governing law and jurisdiction
The construction, validity and performance of these Terms and Conditions shall be governed in all respects by the laws of India. The parties hereby submit to the exclusive jurisdiction of the competent Courts at Mumbai, India which courts shall have jurisdiction in the matter to the exclusion of any other courts, irrespective of whether such other courts have similar jurisdiction in the matter.