Overview

This document was last updated on 19/10/2024

 

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.

  • “Bureau” shall mean credit information company including but not limited to TUCL, CRIF High Mark, etc., which is authorized under Applicable Laws of India to provide comprehensive credit information by collecting, collating, and issuing credit information, pertaining to both commercial and consumer borrowers, to a closed User group of members. In relation to provision of the Services mentioned herein;

  • “Partner” means banks, nonbanking financial institutions, housing finance companies, insurance companies, fintech companies and such other financial institutions which are regulated by RBI, SEBI, IRDA either directly or indirectly etc. whereas BFDL has an arrangement with them for offering their products on the Site.  

  • “Site” means any web site, mobile site, or application, owned and operated by us ;

  • “Service” means using our products, software, services, as available on our Site and any products offered by our Partner’s on our Site;

  • “Service Provider” means any authorized Service Provider engaged by BFDL thereby enabling us to offer Services on 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 atleast 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.

 

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 financial 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 my loan/credit card application 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/credit card/insurance/financial products, vide a legally binding agreement between you and the Partner however, while you may be filling up the application for such loan/credit card/insurance/financial products 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 my loan/credit card application/insurance/financial products 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.

(xv) you further provide your express consent to authorise us to collect, receive, access and obtain copies of your credit information report/credit score and such other information about you from credit information companies (“CIC”) registered under The Credit Information Companies (Regulation) Act, 2005. You hereby authorise us and our Service Providers to do all acts on your behalf as may be necessary including to execute/ sign application(s), make payment of applicable fees and generally do all other acts as may be necessary to receive, on your behalf and at your request, the credit information report from CICs. You agree to execute such authorization/ consent in such format as annexed under Annexure A to the Terms as may be requested by the Site from time to time (For more details see “ Annexure A” namely Financial Health Credit Report – Terms of Use). you agree that BFDL has no control over the content or accuracy of information provided in your credit information by CICs. BFDL gets this information from CICs for and on your behalf only when you agree to appoint BFDL as your lawfully appointed authorized agent/ representative for collecting your credit information from CICs. (xvi) you authorize BFDL to obtain your information from financial information providers via account aggregator platform for providing Services to you on Site. This consent by you shall be valid upto a period of 24 months, unless otherwise revoked by you (xvii) You agree that display of the financial products and any related offers including but not limited to the pre-approved/pre-qualified offers, quick loans or such other representation/banners that are offered by Partners on the Site, are based on the terms and conditions of the respective Partners and (xviii) You may be redirected to Partner’s digital property, based on the type of Services you may choose to avail.

(xvi) User agrees that the communications or responses provided by Us during User’s interaction on our Site, may comprise content generated or facilitated by YAARA, a sophisticated Generative Artificial Intelligence (GenAI) based chat bot designed to assist in various tasks, including but not limited to content generation, recommendations, and data processing. YAARA’s recommendations and analysis are based on patterns in its training data, and there may be instances where the communications or responses does not reflect current best practices, legal standards, or organizational policies. Users agrees to cross-check all communications or responses and use the YAARA’s output as supplemental material, not as definitive guidance. YAARA's responses are provided "as is" and without any warranties, express or implied. We disclaim all liability or claim for the accuracy, completeness, reliability and usefulness of the communications or responses generated by YAARA. User agrees to independently verify and evaluate the accuracy, completeness, reliability and usefulness of any statements, services or other communications or responses provided by YAARA. We shall not be liable for any damages or losses arising from the use of YAARA's communications or responses by You. The creators or operators of YAARA reserve the right to modify or discontinue the functionality of this tool without prior notice to the User, for which We will not be held liable.

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 this disclaimer, 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.

Rewards

User may be eligible for reward in the form of Bajaj Coins subject to fulfilment of the terms and conditions of the offers displayed at the Site. Bajaj Coins are issued by Bajaj Finance Limited (“BFL”) and the redemption of such Bajaj Coins shall be governed by the BFL’s Reward terms and conditions located at URL https://www.bajajfinserv.in/terms-of-use. By clicking the URL, you shall be redirected to BFL’s webpage. Any queries as regards to Bajaj Coins should be directly addressed to BFL. For the purpose of this clause, Bajaj Coins shall be defined as the reward provided by BFL which could be redeemed only on Bajaj Finserv App, Bajaj Pay Wallet or any other BFL authorized channel including BFDL Site.  One Bajaj Coin carries an equivalent value of twenty paise, which is not convertible or withdrawable as cash whereas such value may be subject to change from time to time.  Bajaj Coins is/are not to be construed as any legal tender/currency (digital/physical) under Indian Law.

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, labor disputes, riots, insurrections, civil disturbances, shortages of labor 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

  1. 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. 

  2. 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.

  3. 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.

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

  5. 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.

  6. 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.

  7. 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. 

PERSONAL FINANCE MANAGER SERVICES

 

You shall be redirected to the digital property of registered Account Aggregators, for completing the requisite formalities for You to avail the Personal Finance Manager Services (“PFM”) and you shall be bound by the terms and conditions as applicable of such Account Aggregator. You hereby give consent and authorise BFDL to fetch your Financial Information as defined under the Master Directions-Non-Banking Financial Company - Account Aggregator (Reserve Bank) Directions 2016 from various FIPs (“Financial Information Provider”) on a periodic basis, for the purpose of providing PFM. The PFM offered by BFDL, analyses your transactions directly or through its Service Providers and provides you a PFM summary report from time to time on the Site. You expressly disclaim BFDL from any liability towards the correctness of PFM summary report and agree to indemnify and hold harmless BFDL and its Affiliates against any claims, demands, damages, actions, suits of any kind or nature which may arise for whatsoever reason, including for any discrepancy in PFM summary report. The information presented in the PFM summary report is to enhance awareness and nothing contained in this summary report shall be deemed as professional advice or solicitation. The PFM offered through the BFDL Platform does not constitute investment advice or advice of any nature.

Annexure A

Financial Health Check Report – Terms of Use

You agree that you have appointed BFDL as your lawful agent for the purposes including but not limiting to receive your credit information from Bureau and to keep record of day-to-day changes in your credit information for the purpose of getting alerts on your behalf at intervals in order to deliver your Financial Health Check Report (FHCR) to you. The format of such consent from Bureau is covered in the following paragraphs.

  

You are aware that BFDL will get these updates from Bureau(s) and may notify you at intervals. You realise that it is important to stay aware of changes to your credit actions and transactions that may impact your credit score and access to various credit products. You explicitly authorise BFDL as an appointed agent to monitor all changes in your credit information and consequently, notify you of such changes and send offers related to credit products and recommendations to you, to take necessary actions and reduce the possibility of exposing you and to prevent you from adverse impact on your credit score. You understand that FHCR is based on changes in your credit score, and you may receive incorrect FHCR, hence, BFDL shall not be responsible in any manner for the same. In view of the above terms, you provide your explicit consent on the following:

  1. That you may receive communication on FHCR from BFDL or through its authorized Service Providers, via pop-up notifications, SMS, WhatsApp, email, on the BFDL digital platform.

  2. That in the event of any update on or change in my credit information and/or credit score, BFDL may send communication/update on my registered Mobile Number/Email.

 

By accepting these terms and conditions; I am providing “written instruction” to BFDL to obtain my credit information from Bureau(s). I further authorize BFDL to share my personal identifiable information with the Bureau(s), to confirm my identity and to obtain the credit information on my behalf.

 

I undertake that the information provided by me is true and accurate and shall match with the details provided by me to the banks and other credit institutions with whom I have relationship. I understand that I shall have access to the FHCR upon login using my registered User ID on BFDL’s Site. I also understand that I may have to further authenticate myself as per the Bureau authentication process. I understand that BFDL shall have all the rights to reject my request form due to any reason and shall not be required to specify such reasons of rejection. I understand that due to incomplete or incorrect information provided my me; I may receive incorrect FHCR; BFDL shall not be responsible in any manner for the same.

 

I understand that BFDL obtains the information from Bureau and is reported to me on “as is” basis and shall not be required to verify the correctness of information received. Therefore, I shall not hold BFDL accountable for the accuracy, completeness or fitness for a particular purpose, or non-infringement of any and all such information as provided in the report to me. The analysis or recommendation provided as part of the Services is based on certain assumptions applied by BFDL on the information obtained from me or the data it already has.

 

I realize the information contained in the FHCR is for illustrative and information purposes only and does not constitute as professional advice or solicitation and BFDL thereby holds no liability. I understand that BFDL may enrich the information in the FHCR based on my past credit information held with BFDL to make more personalized recommendations to me. The report may contain certain proprietary information of BFDL and is meant only for use for the receiver of the report and I undertake not to circulate the report to any other person/entity. I shall not hold BFDL liable or responsible whether financial or otherwise, for the losses or damages caused directly or indirectly, for any action taken by me placing reliance on this report. I shall have sole responsibility of my actions and decisions. I acknowledge that BFDL shall have no liability or require to indemnify me for loses, claims, expenses, damage incurred by me for any incorrect report provided due to any technical error, incorrect information provided by me or otherwise. 

Offers and Recommendations

Payment Terms 

 

I agree to pay the charges for the subscription for availing the FHCR, as stipulated by BFDL from time to time, as applicable. I understand that there may be additional charges for use of payment gateway or bank charges which may be applicable for payment of charges of subscription. BFDL shall not be liable to refund in case of any cancellation, rejection or no credit information report being generated based on the information provided by me. The charges shall be inclusive of all taxes, fee including payment gateway charges if any.

 

I undertake that the payment instrument used by me belongs to me or I am fully authorized to make use of such instruments to make payments. I understand the payment gateways services for such payment may not belong to BFDL and may be provided by third-parties. I shall not hold BFDL responsible for the error and BFDL shall not be obligated to indemnify me for any loss, damage, claim suffered by me due to use of such payment instruments and/or payment gateways.

 

Other terms and conditions 

  1. I agree that the terms and conditions may be amended from time to time without any notice; which changes shall be available on the Site. I understand that BFDL may at its sole discretion may amend, discontinue the FHCR subscription services in part or whole as it deems fit at any time without a requirement of prior notice or consent.

  2. I understand that BFDL reserves all the rights to suspend, terminate, my account at its sole discretion at any time for any reason but not limiting to breach of the terms of use by me, of if the information provided by me is incorrect, obtained or is intended to be used for fraudulent purposes.

  3. Any disputes relating to the credit information can be raised with respective Bureau on their website and BFDL has no role to play in terms of rectifying the errors, omissions etc.

  4. I understand that BFDL is only acting as a facilitator for providing a platform for me to access my credit health in the form of FHCR and BFDL does not warrant that the functions contained in on the Site will be uninterrupted or error free, free of viruses or other harmful components, but shall take commercially reasonable efforts to correct the delays in operation of the Site.

TRANSUNIONCIBIL TERMS AND CONDITIONS

 

 

To,

TransUnion CIBIL Limited

[Formerly known as Credit Information Bureau (India) Limited]

19th Floor, One IndiaBulls Tower-2A-2B, 

841 Senapati Bapat Marg,

Lower Parel,

Mumbai – 400 013

 

Sub: Grant of Consent

 

Dear Sirs,

In connection with submission of the application for my credit information offered by CIBIL (“Consumer Credit Information”) through Bajaj Finserv Direct Limited (referred to as the “Company”) and delivery of the Consumer Credit Information to the Company, I hereby acknowledge and agree to the following:

  1. The Company is my lawfully appointed agent and it has agreed to be my agent for the purposes, including, without limitation, to receive the Consumer Credit Information from TUCL on my behalf and use it in the manner consistent with the Agreement entered into between the Company and TUCL, and the Company has granted its consent for being appointed for the aforesaid purpose.

  2. I grant my unconditional consent to the Company to receive the Consumer Credit Information and Credit Products from TUCL on my behalf and the Company has granted its consent for being appointed for the aforesaid purpose. I hereby represent and acknowledge that the Terms of Understanding in relation to the use of the Consumer Credit Information and Credit Products has been agreed between me and the Company.

  3. I hereby expressly grant unconditional consent to, and direct, TUCL to deliver and / or transfer my Consumer Credit Information to the Company on my behalf.

  4. I agree that my consent shall be stored by the Company on a permanent basis and shall be verifiable from time to time. I understand that the Company cannot access the Consumer Credit Information for more than 6 months on a single Consumer Consent and the same shall be required to be refreshed every six (6) months. Company can store the Consumer Credit Information only for (i) a limited time period of six months or (ii) till such time the credit information is required to be retained to satisfy the purpose for which it was provided or (iii) until I withdraw my consent to store such Consumer Credit Information, whichever is earlier and thereafter, the stored Consumer Credit Information shall be deleted, purged, expunged by the Company.

  5. I shall not hold TUCL  responsible or liable for any loss, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (a) delivery of my Consumer Credit Information  to the Company ; (b) any use, modification or disclosure by the Company  of the contents, in whole or in part, of my Consumer Credit Information  , whether authorized or not; (c) any breach of confidentiality or privacy in relation to delivery of my Consumer Credit Information  to the Company ; (d) for any use made by the Company which is contrary to the Agreement entered into between the Company and TUCL.

  6. I acknowledge and accept that: (a) TUCL has not made any promises or representations to me in order to induce me to provide my Consumer Credit Information   or seek any consent or authorization in this regard; and (b) the implementation of the Agreement between TUCL and the Company is solely the responsibility of the Company.

  7. I agree that I may be required to record my consent / provide instructions electronically and in all such cases I understand that by clicking on the "I Accept" button below, I am providing "written instructions" to Company authorizing Company to obtain my Consumer Credit Information from my personal credit profile from TransUnion CIBIL LIMITED, [formerly known as Credit Information Bureau (India) Limited]]. I further authorize Company to obtain such information solely to confirm my identity and display my Consumer Credit Information to me.  Further in all such cases “By checking this box and clicking on the ‘Authorize button, I agree to the terms and conditions, acknowledge receipt of TUCL privacy policy and agree to its terms, and confirm my authorization for Company to obtain my Consumer Credit Information.

  8. I understand that in order to deliver the product to me, I hereby authorize Company, to obtain my Consumer Credit Information from TUCL.

  9. By submitting this registration form, I understand that I am providing express written instructions for Company to request and receive information about me from third parties, including but not limited to a copy of my consumer credit report and score from consumer reporting agencies, at any time for so long as I have an active Company account. I further authorize Company to retain a copy of my information for use in accordance with Company Terms of Use and Privacy Policy.

  10. I UNDERSTAND THAT THE PRODUCT IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS AND TUCL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  11. I shall not sue or otherwise make or present any demand or claim, and I irrevocably, unconditionally and entirely release, waive and forever discharge TUCL , its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter “Releasee”), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) (“Losses”), whatsoever, in law or equity, whether known or unknown, which I ever had, now have, or in the future may have against the Releasee with respect to the submission of my Consumer Credit Information   and / or my decision to provide TUCL L with the authority to deliver my Consumer Credit Information  to the Company. I agree to defend, indemnify, and hold harmless the Releasee from and against any and all Losses resulting from claims made against TUCL L by third parties arising from and in connection with this letter.

  12. I agree that the terms of this confirmation letter shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts located in Mumbai in regard to any dispute arising hereof. TUCL is entitled to assign its rights hereunder to any third person without taking my prior written consent. 

 

Yours faithfully,

 

Signature:____________________________

Name       :____________________________

Address   : ____________________________

 

CC: Bajaj Finserv Direct Limited

www.bajajfinservmarkets.in

CONSUMER CONSENT FOR ACCESSING CONSUMER CREDIT INFORMATION REPORT (CIR)

  1. I hereby appoint BFDL as my lawful agent to receive my credit report/credit history (“Credit Information”) from Credit Information Companies (“CICs”).
  2. I further authorize the Company to share with CICs, my personal information/details to procure my Credit Information on a monthly frequency and use the same to provide me with financial service (“Purpose”). 
  3. I understand and acknowledge that the CIC shall not be liable under law or equity, in any manner whatsoever, for providing my Credit Information to the Company and I will not raise any claim or objections against the CIC.
  4. I confirm that this consent is given by my free will and not due to any solicitation by any person/entity.
  5. This consent/authorization shall be valid for (i) a maximum period of 06 (six) months, from the date of giving the same, (ii) satisfying the Purpose or (iii) until I withdraw my consent at any time, by informing the same to the Company, at their registered office address, website, assigned email id or mobile application, whichever is earlier.
  6. I also consent to the CRIF High Mark Credit Score Terms of Use mentioned herein below separately.

 

Yours faithfully,

 

Signature:____________________________

Name       :____________________________

Address  :____________________________

 

CRIF HIGH MARK - CREDIT SCORE TERMS OF USE

 

In connection with submission of the application for my credit information (“Consumer Credit Information”) offered by CRIF High Mark Credit Information Services Pvt. Ltd. (“CIC/ CRIF”) through Bajaj Finserv Direct Limited (referred to as the “Company”) and delivery of the Consumer Credit Information to the Company, I hereby acknowledge and agree to the following: 

 

  1. The Company is my lawfully appointed agent, and he / it has agreed to be my agent obtain my Credit Information Report and Credit Score from CRIF High Mark Credit Information Services Pvt. Ltd (CRIF High Mark) for the purpose of including but not limiting to receive your credit information from Bureau and to keep record of day-to-day changes in your credit information and not for any other purposes. This consent shall be valid for a maximum period of 6 months or till such time the credit information is required to be retained to satisfy the purpose for which it was intended, or I withdraw my consent to store such credit information, whichever is earlier. 
  2. I hereby expressly grant unconditional consent to, and direct, CIC to deliver and / or transfer my Consumer Credit Information to the Company on my behalf. 
  3. I shall not hold CIC  responsible or liable for any loss, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (a) delivery of my Consumer Credit Information  to the Company; (b) any use, modification or disclosure by the Company  of the contents, in whole or in part, of my Consumer Credit Information, wherever authorized by me; (c) any breach of confidentiality or privacy in relation to delivery of my Consumer Credit Information  to the Company; 
  4. I acknowledge and accept that: (a) CIC has not made any promises or representations to me in order to induce me to provide my Consumer Credit Information   or seek any consent or authorization in this regard; and (b) the implementation of the Agreement between CIC and the Company is solely the responsibility of the Company.
  5. I agree that I may be required to record my consent / provide instructions electronically or physically as the case may be, and in all such cases I understand that by clicking on the "I Accept" button below or signing this Consent physically, I am providing "written instructions" to the Company authorizing Company to obtain my Consumer Credit Information from my personal credit profile from CRIF High Mark. I further authorize Company to obtain such information solely to confirm my identity and display my Consumer Credit Information to me.  Further in all such cases by checking this box and clicking on the Authorize button or signing this Consent physically, I agree to the terms and conditions, acknowledge receipt of CIC privacy policy, and agree to its terms, and confirm my authorization for Company to obtain my Consumer Credit Information.
  6. I understand that in order to deliver the product to me, I hereby authorize Company, to obtain my Consumer Credit Information from CIC. 
  7. By submitting this registration form, I understand that I am providing express written instructions for Company to request and receive a copy of my consumer credit report and score from CIC.
  8. I understand that the product is provided on an “as-is”, “as available” basis and CIC expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. 
  9. I shall not sue or otherwise make or present any demand or claim, and I irrevocably, unconditionally and entirely release, waive and forever discharge CIC, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter “Releasee”), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) (“Losses”), whatsoever, in law or equity, whether known or unknown, which I ever had, now have, or in the future may have against the Releasee with respect to the submission of my Consumer Credit Information   and / or my decision to provide CIC with the authority to deliver my Consumer Credit Information  to the Company. I agree to defend, indemnify, and hold harmless the Releasee from and against any and all losses resulting from claims made against CIC by third parties arising from and in connection with this letter.
  10. I agree that the terms of this confirmation letter shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts located in Mumbai in regard to any dispute arising hereof.

ONDC TERMS & CONDITIONS

 

Definitions

 

Buyer App” shall mean our Site integrated with ONDC network as BFDL being the Buyer Network Participant (“BNP”) and is made available as ONDC Store to the User on Site.

 

ONDC” shall mean open network for digital commerce which shall connect BNPs on the ONDC network with a variety of Seller Apps registered as Seller network participants (“SNP”), and providing a unified checkout experience for electronics, kitchen and home appliances categories.

 

ONDC Store” shall mean the store tab on the Site displayed as “ONDC Store” which shall connect the User to purchase the Products from the Seller Apps on ONDC Network .

 

Seller App” means all platforms or applications of SNP which allows the sellers to publish their product/ service, inventory, pricing, and other terms of transaction and enables the sellers or any other service providers, including but not limited to logistics service providers, to transact on the ONDC Store.

 

Seller” shall mean either inventory sellers or distributors or marketplaces or any logistics provider registered with Seller Apps as the User may choose on the ONDC Store making offer to sell its Products and services to Users.

 

Product/s” shall mean any products made available for sale by the Seller Apps on the ONDC Store.

 

Offer” shall mean any offer on the available Products offered either by a Seller or BNP on ONDC Store.

 

User/You/Your shall mean the buyers visiting the Site and willing to make purchase from ONDC Store via this Site - User interested in making any purchase from the ONDC Store may visit the “ONDC Store” tab on the Site.

 

You hereby agree and understand that -

  1. To make a purchase on ONDC Store via this Site, You shall be required to register and login to our Site/App with all the required details. 
  2. You are voluntarily opting to purchase the Product(s) on ONDC Store available on Site.
  3. BFDL, as a BNP, within the ONDC network, bears a solemn duty to adhere to the prevailing ONDC rules and directives.
  4. BFDL through its ONDC Store does not advertise or market any Products available on ONDC Store as of its own, as it is of the respective Seller App(s).
  5. You understand and accept that in addition to our Terms of Use, Privacy Policy and Disclaimer, You shall abide by the respective Seller Product terms & conditions and related policies displayed on the product display page (hereinafter collectively referred to as “Master Terms” ).
  6. For cancellable orders per the respective Seller policies, User may cancel the orders till the Product is shipped and BFDL may process the refunds only post verifying all the transaction information provided by the User and the respective Sellers as required and to the satisfaction of BFDL.
  7. For returnable orders per the respective Seller policies post the delivery, User may return the Product and BFDL may process the refunds only post verifying all the transaction information provided by the User and the respective Sellers as required and to the satisfaction of BFDL.

 

Buyer and Seller Transaction and Communication

  1. You acknowledge and agree that BFDL is neither the manufacturer nor the supplier of the Products on ONDC Store and does not guarantee and make any representation about the usefulness, worthiness, quality, sale, merchantability, features, availability or non-availability and/or character of the discount / benefit or of the Products sold by the Sellers on ONDC Store. 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 the User, directly or indirectly, by purchase, use or non-use of the Products.

  2. You acknowledge that the prices, Offers may vary or get updated from time to time during checkout, and it is Your responsibility to check the same before placing any orders on ONDC Store. BFDL is in no manner liable for any Seller Offers. However, BFDL may also extend any BFDL Offers and shall be responsible for the same.

  3. The Offer, which are being extended by the Sellers to You on ONDC Store are being communicated by BFDL on behalf of the Sellers available on ONDC Store and BFDL is not providing these Offers or itself selling any of these Products. Accordingly, BFDL will not accept any liability in relation thereto and will not be responsible for any failure by the Sellers to honor such said Offers or any other aspect in relation to the Offers and/or Products.

  4. That You have read and understood the Master Terms available on ONDC Store at the time of purchase of any Products on ONDC Store and understand the applicability of the same and hereby agree to be bound by the same at all times including any amendments thereto from time to time.

  5. You hereby understand and acknowledge that there might occur such scenarios wherein due to any User related issues, BFDL might have taken some actions against a particular Seller therefore, such said Seller might not be visible on the ONDC Store. You can reach out to Customer support at ondc.complaint@bajajfinservmarkets.in for any transaction related queries on the same.

  6. The Seller shall be solely responsible for the status, availability, condition, quality, delivery etc. of the Products. 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 our customer support at ondc.complaint@bajajfinservmarkets.in

  7. 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 either buying any of the Products or availing any Offers. Such taxes or charges on the monetary value of the Offer and/or Product shall be payable by You.

  8. 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 or Offers and/or the Master Terms governing the access and use of ONDC Store.

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

  10. The existence of a dispute, if any, regarding the Offer and/or Product shall not constitute a claim against BFDL and any complaints, concerns or disputes shall be settled by the Seller, however, BFDL shall without any obligations, shall facilitate in resolving any User issues via customer support on ondc.complaint@bajajfinservmarkets.in.

  11. When You place an order with a Seller on ONDC Store, it is an offer to buy the product(s) from the User to the Seller. This is not construed as the Seller's acceptance of the User’s offer. The Seller retains the right to cancel any order at its sole discretion, and You will be informed via email/SMS. If the Seller cancels an order, any transaction price paid by the User will be refunded. The Seller may also cancel orders that exceed typical individual consumption, based on various factors and at the Seller's sole discretion.

  12. At no point during any transaction between User and the Seller, shall BFDL come into possession of the products or services offered by Sellers, nor does it gain title to or have any rights or claims over them. BFDL does not hold any right, title, or interest over the products, and it has no obligations or liabilities in respect of the contract entered into between User/s and Seller/s. BFDL is not responsible for the unsatisfactory or delayed performance of services or damages or delays due to products that are out of stock, unavailable, or back-ordered.

  13. You acknowledge and agree that all commercial/contractual terms of sale are offered by Sellers and agreed to between Sellers and the Users alone. The commercial/contractual terms include without limitation, price, date, period and mode of delivery, warranties related to products, etc. BFDL does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Sellers and the Users.

  14. Policies related to returns/ exchanges, penalties, refunds, cancellation will be updated on the ONDC Store on behalf of the Sellers from time to time. BFDL holds the right to change these policies as required on the ONDC Store without any notice to the Users and last updated policy shall be applicable to the User.

  15. Payment & Settlements: The Users acknowledge and agree that BFDL may, facilitate accepting payments on behalf of such Sellers and/or Sellers App. The Users understand, accept and agree that the payment facility provided by BFDL is neither a banking nor financial service but is merely a facilitator providing a third party payment processor for the transactions on the ONDC Store, by appointment of payment aggregator and such other participants as approved under applicable laws. Further, by providing payment facility, BFDL will not be liable for any charges made by the Users’ bank in relation to payment of the total amount.

  16. In connection with any order placed on the ONDC store, information such as name, billing address, credit card and debit card information, bank account details, UPI ID etc. as may be needed by You, to be provided either to BFDL or the third party payment processor. If the Users are directed to the third party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the ONDC Store.

  17. BFDL merely collects the payment on behalf of the Sellers, as the case may be. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are to be charged and determined by the Seller and shown to the User on as-is basis. BFDL holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the Seller.

  18. The transaction is bilateral between Sellers & Users ("User Transactions"), BFDL is not liable to charge or deposit any taxes applicable on such transaction. The User shall receive the Invoice from Seller directly either over email or in physical form, alongwith the delivery of the order.

  19. BFDL is not obligated towards any direct or indirect tax obligation of the User that may arise as a result of User's access and making any purchase on ONDC Store. The requirement for registration and compliances under the GST Laws and other tax laws is the sole responsibility of the User and the Sellers. BFDL is not liable for any omissions or commissions by such User who acts in violation of any applicable law. Accordingly, User is advised to seek independent tax advice relating to its business and/or transaction including whether it is liable for GST registration.

  20. BFDL reserves the right to disallow a User from availing the benefits of ONDC Store if BFDL suspects any fraud, misrepresentation, unlawful, illegal activity being carried out by the User.

  21. BFDL reserves the right to modify/ change all or any of the Master Terms applicable to ONDC Store or to discontinue ONDC Store without assigning any reasons at BFDL’s sole discretion.

  22. BFDL shall under no circumstance be liable if the Site/ONDC Store link is unavailable or there is any delay in the functionality of the Site/ONDC Store link 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.

  23. 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 as required. You shall undertake that You shall not indulge any acts or omissions including but not limited to fraudulent activities, or make misrepresentations, deliberate attempts to return or cancel or take any undue advantage of process like misuse of login credentials of other customers, unauthorised disclosures of login credentials resulting in multiple account usage or fake reviews, creating bulk fake users through hacking which might adversely impact our database or Site on ONDC Store.

  24. You agree to take all necessary precautions, including protection of passwords and other information, to prevent unauthorized use of the Site/ONDC Store credentials and agree not to use the ONDC Store in any manner not authorized by BFDL. In the event that you become aware of any unauthorized access to the Site/ONDC Store User account through your User credentials, You agree to promptly notify BFDL of the same on Customer support ID at ondc.complaint@bajajfinservmarkets.in.

  25. 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 act, errors, omissions, representation, misrepresentation, fraud, wilful default on your part by accessing and/or using ONDC Store of BFDL and/or transacting with the Seller.

  26. Further, you hereby agree to indemnify BFDL and its officers, directors, employees and undertake to keep 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 BFDL to a third party in settlement of a claim or dispute) incurred or suffered by BFDL arising out of any breach by you of any provision of the Master Terms, or arising out of any third party claims that arises due to your breach of any provision of the Master Terms.

  27. You consent to and authorise BFDL to collect, use, process and store of all the information submitted by You to BFDL and /or its agents and further authorize BFDL and/or its agents to exchange, share or part with all such information to any third party including for availing the services offered by BFDL as BNP and/or enforcement of BFDL’s obligations and You agree, not to hold BFDL liable for the collection, use, processing, storage and/or sharing of the information as stated above.

  28. Any correspondence regarding the Offers/Products/transactions on ONDC Store should be written to BFDL at the customer support email address ondc.complaint@bajajfinservmarkets.in or as available on the ONDC Store Contact Us tab.

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