Visitors or customers [hereinafter referred to as the “User” or “Customer”, as the case may be] accessing online booking services through https://www.ktmindia.com or associated sub-domains and web pages [hereinafter referred to as the “website”] agree that they are above 18 years of age while booking a vehicle or test ride or availing any products and services offered through the website. The users also agree that they possess a valid driving license to avail a test ride or purchase a vehicle for riding.The website offers features to book a vehicle online and scheduling a test ride for a vehicle, which by law has minimum age criteria of 18 years. Additional features and services (as offered by Bajaj Auto Limited (hereinafter referred to as BAL/Company) through the website(s)) such as e-KYC, online insurance, online finance, completing the vehicle purchase by making online payment, or any other features and services being or to be offered through website(s) or third party agencies or vendors, by law will have minimum age criteria of 18 years. Bajaj Auto Limited (hereinafter referred to as “BAL”) expects the data provided by the user to be correct and in good faith for the transactions. BAL is not obligated to verify the accuracy of the data provided by a User through the website. BAL reserves the right to refuse the offered service/product or terminate the service/transaction at any point of time if any User (old or new) are found to have misrepresented or misused the website or any feature of the website.
Fair usage by User
User agrees that this website is an online platform to browse products, request for a test ride at a dealership, book a product online at a dealership, complete vehicle e-KYC, purchase insurance, opt for financing, make payment for purchase online and associated features, which may be periodically enhanced, amended, corrected to improve customer experience. User warrants that he/she is not disseminating malicious code or deploying bots to the website. The user is responsible for ensuring their browser / operating system is up-to-date and free from viruses.
User Covenant and Obligation
The User shall be solely responsible for the accuracy, credibility, validity of any information submitted via the website, or any documents uploaded via the website. BAL shall not be responsible for verifying the information submitted or documents uploaded. BAL shall forward the information to the respective dealership / third party vendors (including but not limited to financier, insurer, payment gateway service provider etc) and/or government departments for processing the transactions. Any liability arising out of false information or fake documents shall be the sole responsibility of the User and the User shall be liable for any loss or damages arising out of the same. Further, the User shall indemnify BAL or its associated partners against any losses or liabilities incurred by BAL or its associated partners in the event of such losses or liabilities arising out of any false information / undertaking or fake documents.
Transaction mechanism
BAL provides a platform for online transactions between customer and dealership through payment gateway partner. All payments that are made through the website goes directly to the respective Dealership as selected by the customer, and not to Bajaj Auto Limited. Customer’s Confidential Payment information (such as bank account number/ card number etc) is retained by the payment gateway and not shared with either Dealership or BAL. Any ancillary third-party services such as purchase of insurances, proposal and application for loan, survey and installation services, if any, shall be executed by respective third-party agencies/ vendors and not by the dealership. The dealership acts solely as a payment and delivery coordination agency. The dealership’s role is limited to the physical sale of the 2-wheeler vehicle to the customer on the basis of verification of the customer’s documents submitted for purchase and receipt of payment for the transaction. The Customer shall be free to opt out of any third-party services or to not avail any such third-party services. The Customer may choose to change any third-party service provider at the time of renewal of such service, wherever applicable. The sole discretion of selecting the dealer for the conclusion of the sale lies with BAL. The dealer allotted to execute the sale may be changed by BAL before the conclusion of the sale.
Product Details
While we take utmost care to provide most accurate information to our users on the website, BAL does not warrant that product / vehicle names, description, prices, images or other content of the website is accurate, complete, reliable, updated, or error-free and assumes no liability in this regard. The user shall validate the exact product specifications and associated information by visiting the selected dealership in person.The product information and details provided on the website is for personal, non-commercial use only.
Online Booking
Bajaj Auto Limited, provides a platform for customers to view products, request for a test ride, book a product online and associated features, which may get enhanced and amended regularly for improved customer experience and for removal of any defects from time to time. It is mandatory to provide One Time Password (OTP) verified mobile number and OTP verified email address while making online booking. Verified mobile number and email ID are required for important communication from BAL, your selected dealership and our authorised third-party partners such as insurance and finance services that you may choose to avail of. While booking online, it is mandatory for a customer to agree to provide acceptable documents as identity proof and local address proof pertaining to the selected city for the purpose of RTO registration. If the customer fails to provide acceptable identity and address proof documents, the customer shall be intimated by the dealership and the dealership may cancel the booking.In the event of cancellation of booking, the entire booking amount is fully refundable back to the customer Booking shall be deemed as made/ effective only upon receipt of specified booking amount paid by the customer through the online payment mode. During online booking, if booking amount is deducted by the customer’s issuer bank but it is not received by the payment service provider, customer’s booking shall remain pending until the payment is received. Failure to receive the payment will result into cancellation of pending booking and if any money is deducted from the customer’s account, it would get refunded in 7 working days through the same mode of payment used during booking. In such cases, customers can book a vehicle online again or visit dealership physically. On request of dealership or BAL, customer shall produce the booking details sent to their email address and mobile number registered on the website for the purpose of processing the booking.
Payment Policy
The Payment of the booking amount for a vehicle, and the final amount (comprising of any third-party services availed by the customer online) shall be made via the selected Payment Gateway. There might be additional payment(towards offline purchases or any differential amount during the final invoice) to be made directly by the customer to the dealership, as applicable. The amount for the selected vehicle would be displayed in the product details prior to making online payment. The payments made by customers for online booking are credited by payment gateway service provider to the selected dealership directly, after deducting gateway charges and applicable taxes. The payments made by the customers for online booking are adjusted in final nett amount of the vehicle at the time of making final payment to the selected dealership. The Payment Gateway shall have discretion to charge a specified fee for this service and BAL or its dealership holds no responsibility for any such charges levied by the Payment Gateway. While booking a vehicle online, if money is deducted from customer’s account and booking is not confirmed due to any technical or unforeseen reasons, the money deducted shall usually get refunded within 7 working days in same mode of payment used during booking. If the refund is not processed by the issuer bank, customer shall be required to follow up with their bank directly with the payment details shared through email by the payment gateway partner. BAL, dealerships and its partner service providers do not receive and shall not store the payment details including debit/credit card details or net banking details of the customer submitted through the payment gateway provided on the website.
Booking Modification / Change a booked vehicle
Customer shall be allowed to change a booked vehicle to any other vehicle, as available, within the same dealership where they made the original booking. Customer can change a booked vehicle only until they make final nett payment to the dealership. When the final nett payment has been made by the customer to the selected dealership, either online or physically at dealership, no modification / change in the booked vehicle shall be permitted. In case the booking amount for a changed vehicle is higher than the originally booked vehicle, customer shall be required to make the additional payment online, i.e. the positive difference between the booking amount of new vehicle and already booked vehicle, to confirm the modification of the booking. Only upon receipt of the additional payment by the selected dealership and upon e-mail confirmation of the modification of the booking to the customer, the original booking shall stand amended.
Booking cancellation and Refund Policy for booking amount
Customers need to contact the dealer selected at the time of booking to cancel their booking. Customers can cancel a vehicle booked until they make final nett payment to the dealership. When the final nett payment has been made by the customer to the selected dealership, either online or physically at dealership, no cancellation shall be permitted. If the customer seeks to cancel the booking, refund shall be manually or automatically processed by the dealership and customer shall be required to follow up directly with the selected dealership at which the Booking was made. In such situation, refund shall be given manually by the Dealership and shall not be processed through the online system or under the terms and conditions herein
Scheduled Test Ride/Document inspection/e-KYC
Test rides may be available to schedule online at select dealerships for the convenience of the customer. The test ride so scheduled is not a contractual commitment and the dealership may at its sole discretion decide to deny or cancel the test ride scheduled without assigning any reason.Customer shall be required to visit dealership for inspection and verification of original documents required for registration after uploading KYC documents on the website. The same may be required for loan approval or other third party services/products availed. The dates, if scheduled, are not contractual commitments and may be changed or rescheduled by the dealership at its sole discretion.
Final Pricing, Product and Invoice
The prices displayed on the website at the time of booking are subject to change. Customer may make the balance payment directly to the selected dealership as applicable on the date and time of the invoice. Balance payment receivable is on-road price post deduction of booking amount paid and finance amount adjusted for the amount approved / received from the financer. If customer applies for finance through any offline financers, customer shall submit the finance sanction letter directly to selected dealership, upon receipt of approval at dealership, customer shall make the final payment online or directly to dealership. The final invoice shall reflect the actual prices/ charges as on the date of the invoice i.e. the ex-showroom price, the insurance charges, the finance charges (for loan, if any), the applicable RTO registration, smart card charges, Govt. subsidies (implicit or explicit), if applicable, handling charges or other optional costs and their respective taxes. The final invoice will be generated by the dealership upon receipt of the final nett payment equal to on-road price of the vehicle. customer shall make the payment for any differential amount arising due to revision in vehicle prices or any other extra-ordinary, unforeseen and unavoidable circumstances. Any difference between amount paid by customer and amount invoiced by Dealership through the final invoice shall be made good by the customer or the Dealership, as the case may be. The amount mentioned on the final invoice shall be treated as final and the Dealership shall reserve the right to deliver the vehicle only upon receipt of the final nett payment as per final invoice. BAL reserves the right to make changes in the product, including the withdrawal of a product from the market, without prior intimation to the Customer. The customer is free to change his/her selection to any other available product at the selected dealership, or cancel the booking.
Vehicle Registration, Delivery and After Sales Service
The registration of the booked vehicle shall take place from an RTO associated with the dealership selected by the customer and the customer shall need to travel to the dealership premises at their own expense for verification of documents and delivery of the vehicle. The obligation of providing/uploading acceptable local address proof for the purpose of registration through an RTO situated in the city of the dealership selected by the customer shall solely lie upon the customer. BAL and/or the selected Dealership are under no obligation to fulfil the sale of vehicle in the absence of complete and acceptable documents. In the event of incomplete, incorrect or unacceptable documents uploaded / provided by the customer, BAL and/or the selected Dealership shall have the discretion to reserve their right to cancel the booking and cover its inventory and/or any other administrative costs as incurred while processing the booking. Customer shall have the obligation to produce acceptable and verifiable address proof (contact Dealership / see FAQ for list of acceptable documents) for registration at the time of submission. The customer acknowledges right of the Dealership to cancel the booking in the event that the documents are incomplete, incorrect or unacceptable for any other reason as may be specified. The delivery of the vehicle booked via the online portal shall take place at the dealership premises as selected by the customer while booking the vehicle. The customer shall need to make their own arrangements at their own expense to take the delivery from the selected Dealership outlet. Customer shall visit a dealership for delivery of the vehicle after receiving notification of the completion of registration and a communication from dealership about readiness of a vehicle for delivery. Whilst every attempt shall be made by dealership to adhere to a confirmed delivery schedule, the dealership at its sole convenience may reschedule delivery without assigning any reason for the same. The promised delivery timeline, if any, of the vehicle booked via the website shall be the sole responsibility of the Dealership selected by the customer. BAL disclaims any liability arising out of any such change, advance or delay in the delivery timeline. After sales service for a vehicle purchased is available at the dealerships listed on the website. To avail any after-sales service from the listed dealerships, the customer shall need to make their own arrangements at their own expense to reach the after sales facility of the dealership. All dealership offered after-sales facilities are within a radius of 7 km from the showroom of the listed dealerships. Customer shall be required to bring in the vehicle at their own expense to the dealership aftersales facility (service facility) to avail any after-sales service.
Manual Booking
The customer may opt for a manual booking process at their preferred dealership. If the customer chooses a manual process of booking, no online entry would be possible for that transaction and all the process would be done manually at the selected dealership. All transactions would need to be conducted by the customer directly with the dealer with or without the assistance or use of the online system. No details of offline transactions between customer and dealership will be available for the customers using online platform.These terms and conditions shall apply on sale of all BAL products even if purchased offline.
Dispute Resolution, Applicable Law and Jurisdiction
Any dispute arising out of a booking made via the website shall be dealt with according to company policy. The courts at Pune, Maharashtra shall have the exclusive jurisdiction to deal with any dispute arising out of any transaction made via the website.Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India.
Indemnity
The User hereby agrees to indemnify and hold harmless BAL, its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) their access to or use of the website, Services or Products, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of their account with BAL, (iv) action or inaction on behalf of BAL’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. BAL shall notify the user promptly of such claim, loss, liability, or demand, and in addition to the User’s foregoing obligations, the User agrees to provide BAL with reasonable assistance, at the User’s expense, in defending any such claim, loss, liability, damage or cost.
Liability
The User acknowledges and undertakes that they are accessing the website, the offered services and booking the products at their own risk and that they are using prudent judgment before placing an order for a product or availing any services through the website. BAL shall, at no point, be held liable or responsible for any representations or warranties in relation to the products. Refund of the booking amount towards the booking of a product shall be governed by the Refund Policy. BAL does not provide or make any representation, warranty or guarantee, express or implied about the website, products or the services, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed. The maximum aggregate liability of BAL, in respect of a product purchased via BAL’s website shall be limited to the cost of the product. The maximum aggregate liability of BAL in respect of any other transaction undertaken by the User by using the website shall be limited to the actual damages incurred, if any. BAL disclaims any liability towards any third-party vendor products or services availed by the User through the website. The User shall have the sole responsibility to bear the liability, if any, arising out of any third-party services availed of by the User accessible via the website or outside of it.
Force Majeure
Neither Party shall be considered in breach of this Agreement to the extent that performance of their respective obligations is prevented by Force Majeure Event that arises due to restriction imposed by the Government, Act of legislative or other authority, war situation , trade restriction by Government, unprecedented economic situation, civil commotion, explosions, epidemics, quarantine restrictions, strike, lockout or acts of God etc. , that affects the ability of a Party to perform its obligations as envisaged herein.
Trademark, Copyright and Restriction
This website is controlled and operated by BAL. All material on this site, including images, product details, dealership details, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the website is solely for the User’s personal, non-commercial use. The User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and the User must not assist any other person to do so. Without the prior written consent of BAL, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which the User receives any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.