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Bajaj Mall - Terms of Use

This document was last updated on 04/07/2024

This Terms of Use should be read in conjunction to the Privacy Policy and Disclaimer of the Site.

 

This document (“Terms of Use”) is published in compliance with the provisions of Information Technology Act, 2000 (as amended from time to time) and all other Applicable Laws, Guidelines, Rules & Regulations.

 

In this policy,

 

  • "Affiliates" means, in relation to any person, any entity that directly or indirectly controls, is controlled by, or is under common control with, the person, where the term ‘control’ shall have the meaning assigned to it in the Companies Act, 2013, as amended from time to time; and
  • "Applicable Laws" includes any applicable constitution, statute, law, rule, regulation, ordinance, decree, order, judgement, authorization, or any directive, guideline, requirement or government 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 the Agreement or thereafter and each as amended from time to time within the jurisdiction of India.
  • “Partners/ Service Providers” shall mean and include the authorized Dealers/Sellers/Merchants who are listing their products and associated services on the Site.
  •  “Site” means any web site, mobile site, or application, owned and operated by us;
  • Service” means any products offered by our Partners on our Site;
  • We,” “us,” and “our” means Bajaj Finserv Direct Limited (“BFDL”);
  • You” and “your” “User” mean anyone who visits, accesses, or uses our Site or obtains Services from us through our Site.

 

The Services rendered by BFDL are exclusively intended for individuals who are citizens of India and residing in India. By accessing our Site and/or using the information provided on or via this Site, you agree to the following terms and conditions. If you do not agree with the terms and conditions stated hereunder, you shall not access, visit and/or use the Site and avail our Service.

User Declaration

By using this Site, you confirm that you are a resident of India and have attained the age of at least 18 years, and you are legally entitled to enter into a binding contract and that you are not a person barred from receiving Services under the Applicable Laws of India and will only use the Site to make legitimate transactions for you or for another person for whom you are legally authorized to act (and will inform such other persons about the Terms of Use and Privacy Policy) that apply to the interactions you have made on their behalf (including all rules and restrictions applicable thereto). You also confirm that the statements, answers and/ or information given by you are true and complete in all respects and that you are authorized to avail the Services on behalf of other person(s).

 

You agree that if you undertake any financial transaction through the Site, BFDL will conduct due diligence and seek mandatory information required for KYC purpose; and as a User you hereby authorise BFDL to facilitate your transaction in accordance with the Applicable Laws in India.

 

While using the Site to communicate with BFDL, you shall communicate with your registered mobile/telephone number and/or e-mail address. Thereby, you agree to receive communication from BFDL on your registered mobile/telephone number and/or e-mail address.

 

These terms and conditions are written in English. While the User may not fully understand English, BFDL and the User agree that the English version will prevail in all communications and legal matters.  You may use a third-party application for translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is for your convenience only and that the English version governs the terms of your relationship with BFDL. Furthermore, if there are any inconsistencies between the English version of the Terms and any the translated version, the English version of the Terms shall prevail.

Notwithstanding whether your telephone/mobile is registered with NCPR/NDNC maintained by TRAI, by  accessing this Site, you, by applying/enquiring/verifying any of the Services offered on the Site and or you making a request to call back, it is deemed that you have expressly authorized BFDL, Partners and Service Providers of BFDL to call back or send you text messages or messages through  chatbots for solicitation and procurement of Services. In case if you may not wish to receive any calls/messages, you are obliged to proactively inform BFDL about the same.

While using this Site, you agree NOT to, by any means indulge in illegal or unauthorized activities including but not limited to (i) use the Site for unlawful purposes; (ii) collect information about the Users without their express consent; (iii) engage in spamming or flooding; (iv) transmit any software or other materials that contain any virus or other harmful or disruptive component; (v) remove any copyright, trademark or other proprietary rights contained in the Site; (vi) copy, mirror any part of the Site without our prior permission; (vii) permit or help anyone without access to use the Site through your Username and password or otherwise; and (viii) posting any defamatory messages to either in print/electronic/social media; (ix) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission, forge/fabricate another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Site, perform any other similar fraudulent activity or otherwise send or receive what BFDL reasonably believes to be potentially fraudulent funds; (x) infringe BFDL, its Partner’s or Service Provider or any third party’s intellectual property rights, rights of publicity or rights of privacy; (xi) use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission; (xii) use any device, software or routine to bypass Site exclusion headers, or interfere or attempt to interfere, with the Site; (xiii) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or features that enforce limitations on the use of the Site; (xiv) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof; (xv) use the Site in any manner that could damage, disable, overburden, or impair it, including but not limited to using Site in an automated manner; (xvi) intentionally interfere with or damage operation of the Site or any User’s enjoyment of them, by any means, including but not limited to uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code. (xvii) You agree and authorize BFDL to share your information, with its group companies, Partners, Service Providers and other third parties, in so far as required for marketing purposes/offering/cross-selling various products and Services and/or to provide you with various value-added services, in association with the Services selected by you or generally otherwise. (xviii) If you request not to receive such communication/marketing material any further from us, it shall be applicable prospectively only and shall not apply in respect to your data already shared by us with its Partners, Service Providers and third parties. In case you do not wish to receive any such communication/marketing materials from our Partner, you agree to get in touch with them independently, without involving us. (xix) you voluntarily consent to register as a member of BFDL community to get personalized and exclusive products, offers and services from BFDL in tie up with its business Partners for meeting your financial needs while you access any Products or Services on Site.

 

By accessing the Site, (i) you acknowledge that BFDL vide its Site operates as a digital platform, offering products through its Partners. (ii) you understand that you would be required to share and submit personal identifiable information and sensitive personal information [collectively referred as “Personal information”] on the Site, basis the financial product selected by you and such Personal Information shall be governed by the Privacy Policy as updated on the Site. (iii) you affirm that all information provided by you are correct, complete, and up-to-date and no information has been withheld by you and you shall keep BFDL and Partners, informed of any change in the information provided by you. (iv) you authorize BFDL to share your information with its respective Partners and Service Providers, in connection with the financial product chosen by you. (v) you agree that you shall be contacted by BFDL, its Partners, Service Providers, vide email, SMS, phone call, WhatsApp or any other mode of communication as provided/available in relation with Services and other value-added services whereas by proceeding to accept the terms of use, such consent by you, irrespective of any registration by you with “National Do Not Call Registry” (NDNC) or “National Consumer Preference Registry” (NCPR) under TRAI. (vi) you authorize BFDL and its Partners to share all information provided by you or obtained as a result of your application for such financial product selected by you with other third parties, including but not limited to, Service Providers, Bureaus, statutory bodies, or any other party as they deem necessary and therefore, you shall not hold BFDL, its affiliates, group companies or its Partners liable, for use/sharing of the information as mentioned above. (vii) you confirm that you have read the terms and conditions, on all financial products which you wish to avail, including, applicable fees and changes, if any and as available on this Site or as disclosed by the Partner.

(viii) you acknowledge that you shall be required to accept the terms of loan/Services, vide a legally binding agreement between you and the Partner however, while you may be filling up the application for such loan/ Services on the Site, you understand and accept that the loan/credit card/insurance/financial products application is subject to approval from the Partner directly and the Partner has the sole discretion to accept/reject the application and assign credit limit etc. and BFDL holds no warranty and does not make any representation or commitment of approval/rejection of loan application in any manner whatsoever. (ix) you agree that all interest rates, prices etc. shown on the Site may vary and interest rates, charges, fees, prices and all such terms and conditions shall be determined by the Partner whereas, EMI calculators are provided on the Site are only as self-help planning tools and the same may be subject to errors, omissions and therefore you may verify the results at your end before concluding and therefore, BFDL does not guarantee its accuracy or applicability. (x) you acknowledge that based on your previous relationship with BFDL or its Partners, you may be shown pre-qualified/pre-approved offer from time to time, however no pre-qualified/pre-approved offer shall constitute any commitment/guarantee of any financial product being offered to you. (xi) you agree that any decision to apply for any financial product is solely at your own risk and you will hold BFDL harmless for any loss or damage that you may suffer, whether directly or indirectly. (xii)you hereby consent and authorize BFDL, to send communications in relation to customized recommendations, promotional offers, information on various other products and Services available on this Site by BFDL via email, SMS, WhatsApp, phone call, App notifications or any other means of communication even if you have registered under NCPR/NDNC or any other registry prescribed by Telecom Regulatory Authority of India (TRAI) from time to time. (xiii) You agree that display of financial products, offered by Partners on the Site, does not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice or approval of BFDL in favour/against any Partner or their products. You agree that BFDL is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from such Partners.(xiv) Your interaction with any Partner accessed through the Site is at your own risk, and BFDL will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Partner or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with such Partners and Service Providers.

 

Indemnity

The User agrees to indemnify, defend and hold harmless BFDL, its Group Companies and their directors, officers, employees, agents, Partners, Service Providers, and any other third party providing any Service to BFDL in relation to the Services and for indulging in any prohibited conduct as mentioned above whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by BFDL that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any terms of this Terms of the Use, including any representation, warranty, covenant or agreement made or obligation to be performed by the User, pursuant to these Terms of Use.

 

Use of Material and Information

The content (not limited to material, information, details, features, updates, data, news, queries, response to such queries etc.) contained on this Site is provided for general information only and should not be used as a basis for making business/commercial decisions. BFDL does not provide any advisory services. You are requested to exercise caution and/or seek independent professional advice before entering any investment or financial obligation based on the content contained on this Site.

 

Images used on this Site and the models photographed in them are for representative purposes only and are not indicative of anyone's personal thoughts or ideas.

 

The content on this Site should NOT be regarded as an offer, solicitation, invitation, advice or recommendation to buy or sell investments, securities or any other instrument or financial products / schemes of BFDL, its group companies, Partners, Service Providers, subsidiaries or any of its affiliates. Services are available only at the discretion of BFDL, subject to the individual contractual terms and conditions of the respective Partner’s products and services basis which such products & services are offered and such products and services may be withdrawn or amended at any time without notice. In the event of any conflict between the terms and conditions of specific products and services displayed on the Site of the Partner vis-à-vis the terms and conditions laid down by the respective Partner, the terms and conditions laid down by the Partner shall prevail as regards such products and services are concerned.

No Representation or Warranty

No information sent to any User through this Site or available on this Site shall constitute any representation or warranty by BFDL, or its Group Companies, subsidiaries or affiliates regarding the credit-worthiness, financial performance or prospects, solvency, or viability of any company or other legal entity or the business carried on by such entity.

 

This Site may contain statements of various professionals/ experts/ analysts, etc. whereas, BFDL does not represent/ endorse the accuracy, reliability of any of statements/ information by any such person. It is the responsibility of the User of this Site to independently verify and evaluate the accuracy, completeness, reliability and usefulness of any statements, services or other information provided on this Site. All information in this Site is being provided under the condition and understanding that the same is not being interpreted or relied on as legal, accounting, tax, financial, investment or other professional advice, or as advice on specific facts or matters. BFDL may at any time (without being obliged to do so) update, edit, alter and or remove any information in whole or in part that may be available on this Site and shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability. Nothing contained herein is to be construed as any advice or recommendation to use any product or process. Though BFDL will endeavour that information contained on this Site is obtained from sources which are reliable, however, BFDL does not warrant such information’s completeness or accuracy

 

Internet transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. BFDL is not liable for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages and transactions the User may initiate.

 

BFDL does not represent or warrant that the Site will be uninterruptedly available. Please note that the Site may not meet the User’s requirements, that access may be interrupted, that there may be delays, failures, errors or omissions or loss of transmitted information, that viruses or other contaminating or destructive properties may be transmitted or that damage may occur to your computer system. You have sole responsibility for ensuring adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. BFDL makes no representations or warranties regarding the accuracy, functionality or performance of any third-party software that may be used relating to the Site.

Limitation of Liability

BFDL, its group companies, Partners, Service Providers, Affiliates, and its directors and employees accept no liability for any loss or damage arising directly or indirectly (including special, incidental or consequential, punitive, or exemplary loss, dam age or expenses) from your use of this Site or any linked site howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, omission, interruption, imperfection, fault, mistake or inaccuracy with this Site, its contents or associated services, or due to any unavailability of the Site or any part thereof or any contents or associated services.

BFDL reserves the right to change the information provided on or via this Site, including the terms of the Disclaimer on this Site at any time and without notice. However, BFDL shall not undertake to update the content contained on this Site from time to time. You are obliged to exercise your independent diligence on the information provided on or via this Site before arriving at any decision and you will be solely responsible for your actions. BFDL shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability on account of such change in the information on this Site.

Intellectual Property Rights

Nothing contained in our Site should be construed as granting any license or right to use any copyrightable objects, trademarks, patents, displayed on our Site. BFDL, retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via this Site (including all texts, graphics and logos) except which are owned by the Partner. Users are prohibited from using, modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Site for any purpose without written permission of BFDL of such or such other parties. The materials on this Site are protected by copyright and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, used for creating derivative works or used in any other way for commercial or public purposes without the prior written consent of BFDL.

Linked Sites

This Site may contain links to other Sites of group companies, Partners, subsidiary companies and Affiliates of BFDL. This Site may also contain links to external Sites, having further linked Sites, controlled or offered by third parties, to help you find relevant sites, services and/or products which may be of interest to you, quickly and easily. The contents displayed or products / services offered on such linked sites or any quality of the products/ services are not endorsed, verified or monitored by BFDL. BFDL is also not responsible for the owners or operators of such external sites or for any products or services they supply or for the contents of their sites and do not give or enter into any conditions, warranties, express or implied; or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external site to which this site includes a link infringes the intellectual property rights of any third party).

Force Majeure

Under no circumstances shall BFDL be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

 

General Provisions

         i.            The Terms of Use read with the Privacy Policy shall constitute the entire agreement between User and BFDL with respect to and govern User’s Terms of Use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

       ii.            We aim to provide uninterrupted access to this Site, but we give no warranty as to the uninterrupted availability of this Site. We reserve the right to suspend, restrict or terminate your access to this Site at any time.

     iii.            We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on the Site and without notice from time to time. It is recommended that you review the information provided on or via the Site, including these terms and conditions, periodically for changes. BFDL or any of its subsidiaries/ affiliates shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability on account of such change in the information on this Site.

    iv.            BFDL and User are independent parties and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms of Use.

      v.            If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

    vi.            BFDL’s failure to enforce any right or failure to act with respect to any breach by User under the Terms of Use will not constitute a waiver of that right nor a waiver of BFDL’s right to act with respect to subsequent or similar breaches.

  vii.            BFDL shall have the right to assign the Terms of Use (including all of our rights, titles, benefits, interests, and obligations and duties in the terms to any person or entity (including any affiliates of BFDL). User may not assign, in whole or part, the terms to any person or entity.

 

Governing Law                        

This Site and disclaimer shall be governed by and construed in accordance with all Applicable Laws of India. All disputes arising out of or relating to this disclaimer or use of this Site shall be submitted to the exclusive jurisdiction of the courts of Pune.

ANNEXURE A – Store Locator Marketplace

 

1.        This Site acts as a Store-locator platform for Users to discover and interact with the Partner/Service Provider for showing interest in Services listed on the Site. BFDL is not a party to any negotiations that take place between the Users of the Site and Partner/Service Provider and are further not parties to any agreement including an agreement for Sale or supply of goods or Services or otherwise, concluded between the Users of the Site and Partner/Service Provider.

2.       This Site does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness, availability, delivery or fitness of the Services displayed on the Site by the Partner/Service Provider. These terms and conditions shall not deem to create any partnership, joint venture, or any other joint business relationship between Site and any other party.

3.       The content displayed on the Site is provided or posted by the Partner/Service Provider. Users understand and agree that the Site in such case is not the author of the content and that neither the Site nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale between the User and the Partner/Service Provider.

4.       Users further understand and agree that the Site is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on the Site and shall not be liable to any Users in connection with any damage suffered by the Users on account of the User’s reliance on such content. The Site shall not be liable for User’s activity on the Site and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.

5.       This Site provides an online platform to facilitate listing and interaction between Buyers and Partner/Service Provider for Services. The Site does not represent the Partner/Service Provider or the buyer in any manner whatsoever.

6.       Users are cautioned that there may be risks of dealing with people acting under false pretences on the Site. This Site uses several tools and techniques to verify the accuracy and authenticity of the information provided by Partner/Service Providers. however, BFDL cannot and does not confirm each Partner/Service Provider’s purported identity on the Site. The Site encourages Users to evaluate the Partner/Service Providers with whom they would like to deal with and use the common prudence while dealing with them.

7.        Users agree to fully assume the risks of any transactions conducted on the basis of any content, information or any other material provided on the Site and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any Products or Services that are the subject of any such transaction. Such risks include, but are not limited to, misrepresentation of Products and Services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous Products, unlawful Products, delay or default in delivery, cost miscalculations, breach of warranty, breach of contract and transportation accidents.

8.       The features and Services on the Site are provided on an " as is " and " as available " basis, and Site does not facilitate or participate in any Sale, delivery, transaction and / or storage related to any Product.

9.       Users further understand and agree that Site is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third-party content made available on the Site and shall not be liable to any Users in connection with any damage suffered by the Users on account of the User’s reliance on such content. Site shall not be liable for User’s activity on the Site and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.

10.    Site shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

·         The use or the inability to use the Site.

·         Any defect in Product, samples, data, information or Services purchased or obtained from the Partner/Service Provider through the Site.

 

Order Process

1.     Your selection of Service shall be subject to availability of the same at the nearest Store of the Partner/Service Provider in your registered city. Upon making a selection, you shall be redirected to Bajaj Finance Limited’s (BFL) Store Locator domain.

2.     Whilst making a selection, all the stores at your nearest location having availability of the Service as selected by you, shall be displayed on BFL's Store Locator domain.

3.     You may choose to purchase the product in person, from a store of your choice from the list of stores displayed before you on the Site.

 

Shipping and Installation

  1. BFDL shall not be responsible for shipping or installation of the said products and associated services.
  2. Any transaction subsequently leading to shipping and installation shall be directly done between You and the Partner/Service Provider only.

 

 

Platform - Grievance Redressal 

1.     You can also refer to the FAQ section for quick resolutions.

2.     You can raise the queries on Customer service desk on the Platform through “My Orders” section in the below sequence:

My Orders >> Eligible Order >> Raise a Query >>Reason>Submit

3.     Once you raise a query, the Customer Service team shall acknowledge your query and respond to you on a tentative timeline for resolution.

4.     If you have any query/complaint in relation to BFL EMI Network Card, You are requested to take up such queries to Bajaj Finance Limited directly.

5.     If Your query is not resolved within 21 days, You can escalate the matter by writing to the Grievance Officer (Rajeev Chauhan) at grievanceofficer@bajajfinservmarkets.in