Terms and Conditions at Checkout

By clicking on the “I Accept” tab, you hereby acknowledge and agree that you (i) are at least 18 years of age, (ii) can understand, read and write in the English language, (iii) has read and understood the terms and conditions and (iv) shall be bound by these terms and conditions.

You agree that your action of clicking on the “I Accept” tab constitutes a valid acceptance by you of these terms and conditions. If you disagree with these terms and conditions or any part hereof, you must not proceed further.

Unless the contrary intention appears, words denoting the singular shall include the plural and vice versa and the word representing any gender shall be deemed to include all other genders.

Definitions

1.      “BFL” shall mean Bajaj Finance Limited.

2.      “BFDL” refers to Bajaj Finserv Direct Limited.

3.      “Bajaj Mall” shall refer to the website that is accessible through the following URL: https://www.bajajmall.in/emi-store and shall also include the mobile application “Bajaj Finserv App” that may be downloaded from Google Play Store or Apple App Store. It shall mean shall mean and refer to an online marketplace of Bajaj Finserv Direct Ltd(BFDL) for displaying, advertising and sale of products by various sellers to the Customers on finance from BFL.

4.       “Customer” or “you” refers to a customer who visit the Bajaj Mall and shows interest to purchase Product on loan from BFL.

5.      “Dealer” shall mean any person, firm, or corporation who has entered into an alliance with BFL and BFDL for the purpose of selling the Products to the Customers by way of Loan on Bajaj Mall.

6.      “Equated Monthly Instalment” means the monthly instalment amount for repayment of the Loan amount to BFL.

7.      “Loan” means the loan applied for by the Customer for purchasing the Product.

8.      “Offer” shall mean the offer to sell Products by the Dealer on the Bajaj Mall.

9.      “Products” shall mean the two-wheeler vehicles which are displayed by Dealer on Bajaj Mall and available on Loan from BFL.

You hereby agree and understand that -

1.       You are opting to apply for a Loan to purchase the Product(s) on Bajaj Mall and that the Loan may be granted to you at the sole discretion of BFL.

2.      CKYC Consent –

a)    You authorize BFL to verify/check/obtain/download/upload/update your KYC details from/with the Central KYC Registry(CERSAI): (i) by verifying such details through the CKYC number (i.e. KYC Identifier Number- KIN) provided by you or (ii) by obtaining such CKYC number/KIN, through details shared by you for processing the loan request.

b)   You consent for receiving information from Central KYC Registry through SMS/Email on the above registered number/email address.

3.      Aadhar eKYC/OKYC consent:

a)      I voluntarily opt for Aadhaar e-KYC or offline verification(OKYC) or OVD KYC and submit to the BFL my Aadhaar number, Virtual ID, e-Aadhaar, XML, Masked Aadhaar, Aadhaar details, demographic information, identity information, Aadhaar registered mobile number, face authentication details and/or biometric information (collectively, “Information”).

b)      I am informed by the BFL, that:

(i)    submission of Aadhaar is not mandatory, and there are alternative options for KYC and establishing identity including by way of physical KYC with officially valid documents other than Aadhaar. All options were given to me.

(ii)   For e-KYC/offline verification, BFL will share Aadhaar number and/or biometrics with CIDR/UIDAI, and CIDR/UIDAI will share with BFL, authentication data, Aadhaar data, demographic details, registered mobile number, identity information, which shall be used for the informed purposes mentioned in 4(d) below.

c)       In case of OKYC, I shall share the Share Code or confirm on the auto populated shared code, as the case may be for successful XML file download and upload as contemplated under applicable law to complete my offline KYC process.

d)      I authorise and give my consent to the BFL (and its service providers), for following informed purposes:

(i)    KYC and periodic KYC process as per the PML Act, 2002 and rules thereunder and RBI guidelines, or for establishing my identity, carrying out my identification, offline verification or e-KYC, or Yes/No Authentication, demographic or other authentication/verification/identification as may be permitted as per applicable law, for all accounts, facilities, services and relationships of/through the BFL, existing and future.

(ii)   collecting, sharing, storing, preserving Information, maintaining records and using the Information and authentication/verification/identification records:

(a)    for the informed purposes above,

(b)    as well as for regulatory and legal reporting and filings and/or

(c)     where required under applicable law;

(iii) producing records and logs of the consent, Information or of authentication, identification, verification etc. for evidentiary purposes including before a court of law, any authority or in arbitration.

e)      I understand that the Aadhaar number and core biometrics will not be stored/ shared except as per law and for CIDR submission.

4.      You authorize BFL:

a)    To use, verify, exchange,  share or part with all information and details as provided by you to BFL’s group companies/business partners/permitted assigns, affiliate/subsidiaries/agents/ service provider/representatives/empanelled merchants (collectively referred to as “Assigns”) and any third party including but not limited to, banks, financial institutions, credit bureaus, telecommunication companies, statutory bodies, empanelled merchants, Central KYC Registry, Reserve Bank of India, GST Portal, CIBIL/CRISIL/any credit rating agency/credit information company(CIC), Information Utility, NSDL e-Governance Infrastructure Limited (NSDL)/UTI Infrastructure Technology and Services Limited (UTIITSL) for purposes such as, including but not limited to customer verification and due diligence, personalization of products or services, credit rating, data enrichment, analysis, marketing or promotion of BFL services or related products or that of its Assigns or for enforcement of your obligations and you shall not hold BFL/its Assigns liable for the use/sharing of the information as stated above.

b)   to seek/obtain any other information, generate periodic reports relating to you either by itself and/or from any third party.

c)    To procure/avail your CIBIL report and provide it to you by deducting applicable charges for the same.

5.      That the information provided in relation to finance facility from time to time, may be submitted to:

a)    BFL, its subsidiaries and affiliates of BFL, any service provider/third party/ legal entity with whom BFL may have business relationship and/or in reference to rendering services in connection with the product(s) availed by you.

b)   to any Regulator, Court, Law enforcement agency, Quasi-Judicial authority etc. on a need basis.

6.      The Offers are being extended by the Dealers to You, and BFL/BFDL is only communicating these Offers on behalf of the Dealer and is not providing the Offers or itself selling any of these Products. Accordingly, BFL/BFDL will not accept any liability in relation thereto and will not be responsible for any failure by the Dealers to honor the Offers or any other aspect in relation to the Offers and/or Products.

7.      You will be required to sign the Invoice provided to you and execute all other Loan documentation as may be required by BFL for the purpose of availing the Loan and register the hypothecation charge with reginal transport office (RTO). You understand that your application for Loan will be subject to approval by BFL at its sole discretion.

8.      You understand and accept that you cannot reject, decline or exchange the Product, once the same has been delivered to you.

9.      BFL/BFDL is neither the manufacturer nor the supplier of the Products under the Offer and does not guarantee and make any representation about the usefulness, worthiness, quality, features, availability or non-availability and/or character of the discount / benefit or of the Products. BFL/BFDL, its group entities/ affiliates or their respective directors, officers, employees, agents, vendors, etc., shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal injury that may be suffered by a Customer, directly or indirectly, by purchase, use or non-use of the Products.

10. The Dealer shall be solely responsible for the status, availability, condition, quality, delivery etc. of the Products. BFL/BFDL shall not have any liability or responsibility whatsoever with respect to the Products including but not limited to their use, delivery or non-delivery, errors, accidents, theft, fraud or destruction. In the event you face any Product related issues, please contact the Dealer.

11. Any tax or other liabilities or charges payable to the government or any other statutory authority/body or any participating establishment, shall accrue to You in lieu of availing the Offer. Tax deducted at source, if any, on the monetary value of the Offer and /or Product shall be payable by You.

12. BFDL shall not be liable for any oversight on your part to update yourself or your lack of awareness of the changes in the Product Offers and/or the terms and conditions governing the access and use of Bajaj Mall.

13. The Dealer has entered into an alliance with BFL/BFDL on a principal-to-principal basis and does not and shall not be deemed to be an agent, partner or joint venture partner, representative of BFL/BFDL or have any analogous relationship. No contention to the contrary will be raised at any time by you.

14. The existence of a dispute, if any, regarding the Offer and/or Product shall not constitute a claim against BFL/BFDL and any complaints, concerns or disputes shall be settled by the Customer directly with the Dealer.

15. BFL/BFDL reserves the right to disallow a Customer from availing the benefits of Bajaj Mall if BFL and/or BFDL suspects any fraud, misrepresentation, unlawful, illegal activity being carried out by the Customer.

16. BFL/BFDL reserves the right to modify/ change all or any of the terms applicable Bajaj Mall or to discontinue Bajaj Mall without assigning any reasons and any prior intimation regarding the same may be provided at BFL/BFDL’s discretion.

17. BFDL shall under no circumstance be liable if the Website/Mobile Application is unavailable or there is any delay in the functionality of the Website/Mobile Application for any reasons whatsoever, including but not limited to, acts of God, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of BFDL.

18. You declare that all the particulars and information and details as may be provided by you are true, correct, complete and up-to-date in all respects and you have not withheld any information whatsoever; and you agree to update information from time to time to keep it accurate and complete.

19. You agree to take all necessary precautions, including protection of passwords and other information, to prevent unauthorized use of the Website/Mobile Application and agree not to use the Website/Mobile Application in any manner not authorized by BFDL. In the event that you become aware of any unauthorized access to the Website/Mobile Application through your user account, you agree to promptly notify BFDL of the same by using the details provided below

20. You agree to indemnify and at all times hold harmless BFDL and its officers, directors, employees etc. from and against all actual or threatened actions, claims, demands, proceedings, loss, damages, costs, charges and expenses whatsoever which BFDL may at any time incur, sustain, suffer or be put to as a consequence of, or arising out of any action or omission on your part by accessing and/or using Bajaj Mall and the Website/Mobile Application of BFDL.

21. Further, you hereby agree to indemnify BFL/BFDL and its officers, directors, employees and undertake to keep BFL/BFDL and its officers, directors, employees indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal and attorney expenses and any amounts paid by BFL/BFDL to a third party in settlement of a claim or dispute) incurred or suffered by BFL/BFDL arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that arises due to your breach of any provision of these terms and conditions.

22. You consent to and authorise BFL/BFDL to collect, use, process and store of all the information submitted by you to BFL/BFDL and /or its agents and further authorize BFL/BFDL and/or its agents to exchange, share or part with all such information to any third party including but not limited to its group companies, business associates, financial institutions, credit bureaus, etc. for credit rating, marketing or promotion of services or products or that of its associates including business associates and affiliates or for enforcement of BFL/BFDL’s obligations and you agree to not hold BFL/BFDL (or any of its group companies or its/their agents/representatives) liable for the collection, use, processing, storage and/or sharing of the information as stated above.

23. You expressly authorize BFL/BFDL, its group companies, affiliates and/or business associates and their respective representatives to send you communications regarding loans, insurance and their respective products and/or services through telephone calls/SMSs/emails/post etc. including but not limited to promotional communications. You understand that you can at any time opt to not receive any telecommunication.

24. You understand and agree that while BFDL, its authorized agents and affiliates will take commercially reasonable precautions from keeping the Website/Mobile Application virus free and secure. BFDL, its authorized agents and affiliates do not warrant that the Website/Mobile Application or any data, user content, functions, or any other information offered on or through the Website/Mobile Application will be uninterrupted, or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing can be amended. BFDL will not be liable to you for the aforesaid in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website/Mobile Application of BFDL.

25. Any correspondence regarding the Loan should be written to BFL at wecare@bajajfinserv.in.

26. Any dispute or differences arising out of or in connection with your access and/or use of Bajaj Mall shall be subject to the exclusive jurisdiction of the courts of Pune and shall be governed by the laws of India.