TERMS AND CONDITIONS FOR PURCHASE OF NETFLIX SUBSCRIPTION THROUGH EMI STORE
These Terms and conditions between BM and Customer are applicable for purchase of Netflix Subscription through the EMI Store platform of BM through a Loan availed from BFL.
1. Definitions:
a. “BM” refers to Bajaj Markets.
b. “BFL” refers to Bajaj Finance Limited
c. “Customers” “You” means a person who has been issued a Bajaj Finserv EMI Network Card by BFL and who is eligible to purchase Products from EMI Store and wish to purchase/subscribe the Netflix Services in standalone basis or along with any other Product Offered by BM through BM’s EMI Store.
d. “EMI Card” means Bajaj Finserv EMI Network Card issued by BFL (viz. the Existing Member Identification card which has not expired or is not hot listed or blocked by BFL), for identifying an existing customer and permitted by BFL for availing a Loan in accordance with the terms for EMI Card.
e. “EMI Store” shall mean and refer to an online marketplace like marketplace of BM for displaying, advertising and sale of products by various sellers to the Customers on finance from BFL.
f. “Equated Monthly Instalment” means the monthly instalment amount for repayment of the Loan amount to BFL.
g. “Eligible Customer” means any customer who is complying the following criteria:
i. You must be of at least 18 years of age;
ii. You must be an Indian citizen
iii. You must be an EMI Card Holder
iv. You are a new Netflix Customer and are not an existing subscriber of Netflix through any other payment/billing mode.
h. “Loan” means the finance facility availed by the Customer from BFL through the EMI Network Card for purchasing the Netflix Product.
i. “Netflix” refers to Netflix Entertainment Services India LLP
j. “Netflix Product/Subscription” refers to the subscription-based streaming, OTT (Over the Top) service which offers online streaming of films and television programs, including those produced in-house by Netflix.
k. “Netflix compatible device” means a device which is compatible for viewing Netflix subscription.
2. Netflix subscription can be purchased by the Eligible Customer on Loan from BFL on standalone basis or along with a Netflix compatible device available for purchase on BM’s EMI Store.
3. Netflix Services require you to have an internet connection on Netflix compatible device. All Netflix subscriptions shall be governed by Netflix Terms of Use.
4. BM merely provides the platform for facilitating the transaction to purchase the Netflix Product. The Loan is provided at sole discretion of BFL and subject to BFL’s EMI Card Master Terms and Conditions available at (https://www.bajajfinserv.in/forms-centre)which may be updated from time to time.
5. You may be offered a promotion along with the Subscription purchased by You from the EMI Store; solely at the discretion of BM or Netflix. The duration and the terms of the promotion shall be at the discretion of BM and/or Netflix and shall be specified during the purchase of Netflix Product. Such promotional offers may be subject to additional terms and conditions.
6. The EMI for the Netflix Product plan chosen by you; shall start immediately after the end of promotion period (if any) without prior notice; unless you cancel your subscription prior to the expiry of the promotion period. It is hence recommended that you keep track of the expiry of such promotion period.
7. Activation and Revision of Netflix Product:
a) By purchasing Netflix Product on Loan through EMI Card as a payment method; you shall receive a link from BM EMI Store to activate the Product and thereafter you may sign in or sign up on Netflix platform to use the Netflix Product.
b) You are aware and hereby agree and accept that your pre-approved loan limit available through EMI Card shall be provisionally blocked up to the value of Yearly subscription amount based on the type of plan chosen by you.
c) You may choose from various Netflix’s plan on the EMI Store.
d) You may switch between Netflix plans by directly visiting the Netflix website/platform.
e) You may switch between the subscribed plans mentioned above by visiting the Netflix Platform.
f) You hereby agree to pay bounce charges of Rs. 150/- in any case of your breach in paying the EMI for the Netflix subscription. Any other charges/fees shall be applicable as duly communicated from time to time on https://www.bajajfinserv.in/all-fees-and-charges-new#ec
g) By agreeing to avail the Netflix Services, “You” or “Customer” [“EMI Card Holder”] hereby agree to be bound by:
a. Terms of Use, Privacy policy of BM website and mobile application.
b. These terms and conditions for purchase of Netflix Subscription through EMI Store.
c. Master Terms and Conditions applicable to Loans for Consumer Durable, Digital, Life Style Products & EMI Cards and or any other Terms and conditions by BFL(https://www.bajajfinserv.in/forms-centre).
d. Netflix’s Terms of use and any other promotional terms and conditions issued by Netflix and/or BM.
e. Returns, replacement and Cancellation policy on EMI store. and
f. any other modifications, alterations and updates thereof, which are published on the Website and applicable from time to time
8. Financing model for availing Netflix:
a. Netflix subscription can be purchased on EMI Store through Loan from BFL which is lending partner of BM; subject to Loan approval by BFL.
b. Your Loan amount shall be provisionally blocked for availing Netflix subscription up to the limit of yearly subscription amount on purchase of the Netflix subscription plan chosen by You from time to time.
c. Upon activation of the Netflix Subscription by You on Loan through EMI Card, it creates a binding obligation on You for repayment of the Loan EMI to BFL as per the Master Terms and conditions for EMI Card and accordingly you shall be obligated to pay the EMI on timely basis irrespective of Your utilization of the Netflix Subscription.
9. Cancellation of Netflix Subscription and Reinstating the provisionally blocked amount:
a. You may cancel your subscription for the Netflix Product at any time by visiting Netflix website or mobile application and/or raising a cancellation request by writing to wecare@bajajfinserv.in during the current Billing Period of Netflix subscription. Please note that such cancellation shall apply from the start of the next Billing Period. You will continue to have access to Netflix subscription for the current Billing period The Equated Monthly Instalment of the subscription month, whether availed for the full period or otherwise shall become forthwith due and payable from you to BFL.
b. In the event you fail to pay an EMI for a month of subscription availed by You; the remaining months’ subscriptions shall be cancelled immediately, and the defaulted Equated Monthly Instalment amount shall become forthwith due.
c. The preapproved loan on EMI Card as blocked for availing Netflix subscription cannot be used: (a) for availing any other Product unless the Netflix subscription is cancelled by You, or (b) until all Equated Monthly Instalment s have been paid by You whichever is earlier.
d. If the Netflix subscription is cancelled by You, the preapproved loan amount provisionally blocked on EMI Card shall be reinstated after deduction of relevant Netflix Product value and subject to due payment of the outstanding Loan amount due to the satisfaction of BFL.
e. Even after purchasing the Netflix subscription, if a Customer fails to activate the subscription within 10 days of sending the link for activation, Netflix subscription shall be deemed cancelled and the provisional limit blocked for availing the Netflix subscription on EMI Card shall be reinstated.
10. Your Purchase of Netflix subscription is voluntary, and the Customer is not bound to avail the subscription. Also, there is no compensation for non-participation/ non-subscribing the Netflix subscription under any circumstances whatsoever.
11. The Netflix subscription is non-transferable, non-negotiable and cannot be encashed under any circumstances whatsoever.
12. Disclaimer:
a. Any images shown on email, Website or any other advertisement material whatsoever, are for representational purpose only. Notwithstanding anything contained in the Promotion or these terms and conditions, any images, representations etc. and all intellectual property rights which belong to any third party, shall continue to vest with such party and by using such images, representations etc., BM and/or BFL in no way claims any right whatsoever relating to such intellectual property and nor shall be responsible/liable for the same.
b. BM is hereby offering Netflix Product on its platform on “AS IS” basis merely as a business associate of Netflix and BFL is providing Loan to purchase the Netflix Product. Neither BM nor BFL is shall be responsible or liable for any reason whatsoever with respect to the Netflix Product including but not limited to (1) any content made available by on Netflix including its quality, access to view (2) any breach of intellectual property with respect to the content, films and television programs whether or not in-house (3) continuous availability or non-availability of the Netflix Product (3) any interruptions, technical/non-technical, (4) any privacy/security/data breach and/or loss suffered by You or to your property upon utilizing the Netflix Product..