CONSUMER TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS BETWEEN Pluxee AND THE CLIENT FOR ISSUANCE OF PRE-PAID PAYMENT INSTRUMENTS


These Terms and Conditions apply to and regulate the issuance and usage of Pluxee Meal / Resto Pass Pre-Paid Payment Instruments (PPIs) provided by Pluxee India Pvt. Ltd. These Terms and Conditions (the “Terms and Conditions”) shall be in addition to and not in derogation to any other terms as stipulated by Pluxee from time to time.


1. DEFINITIONS


  • 1.1 ‘Client’ shall mean an organization which instructs 'Pluxee' to issue Pre-Paid Payment Instruments for the exclusive use of its
          employees/business associates etc.
  • 1.2. 'Consumer(s)' shall mean an employee/ business associate of the Client who will be issued a valid Pre-Paid payment instrument by Pluxee.
  • 1.3. 'Card' or 'Pluxee Card' refers to prepaid instruments, with or without EMV chip, that entitle the consumer to use all solutions/ variants
           or benefits offered by Pluxee from time to time
  • 1.4. ‘Hybrid Card’ is a single card that is combination of 2 Cards, one is tagged to Meal and the other is tagged to Benefits issued by Pluxee
           whereby the Meal may be used through the Magnetic Stripe option at Pluxee’s Merchant Network and the Benefits may be used
           through the EMV chip option for other Benefits operated on a Scheme Based network.
  • 1.5. ‘Intellectual Property’ shall mean and include all kinds of intellectual property including intellectual property in any software,name, signature,
           word, letter, numeral or any combination thereof, trademark, patent, design, logo, copyright including any know-how, trade secrets
           whether registered or not, belonging to a party and/or its Affiliates.
  • 1.6. ‘Merchant’ shall mean Pluxee’s Merchant or any participating outlet accepting Scheme Cards.
  • 1.7. ‘Meal’ is meal Benefits service offered by Pluxee that will be used for purchasing food and non-alcoholic beverages from Pluxee’s
           Merchant Network and includes Resto and Cafeteria.
  • 1.8. ‘Mobile App’ is a software application which allows a consumer to view and manage their cards/wallets using their mobile device.
  • 1.9. ‘Benefits’ is a package of employee Benefits services offered by Pluxee to the employees/ business associate of the Client operated on
           Scheme Network that includes Reward, Fuel, Telecommunication and Data, Office wear, Driver Salary and various other Benefits.
  • 1.10. ‘Pre-Paid Payment Instruments’ shall include all the employee Benefits services provided by the Company pursuant to the authorisation
            certificate issued by Reserve Bank of India under Payment and Settlement Systems Act, 2007 and its rules, regulations and
            directions issued from time to time.
  • 1.11. Celebrations & Rewards are Scheme enabled electronic pre-paid instruments issued by Pluxee to the Client and also includes virtual and
             Exclusive (for Celebrations only) variants.
  • 1.12. ‘Dining’ is an electronic pre-paid instrument issued to the Client by Pluxee that may be used for purchasing food and beverages and also
            includes virtual and ‘ Exclusive variants.
  • 1.13. ‘Scheme’ is the registered Payment Network operated by Rupay, Visa, Mastercard and others.
  • 1.14. ‘Pluxee’ or the ‘Issuer’ shall mean ‘Sodexo SVC India Private Limited’ having its registered office at 503/ 504, B Wing, Hiranandani Fulcrum,
            Sahar Road, Andheri (East), Mumbai – 400 099 and its representatives, successors and assigns.
  • 1.15. ‘Pluxee’s Merchant' shall mean any person or entity that has an agreement with Pluxee to accept Meal against purchase of food and
            non-alcoholic beverages (excluding tobacco).
  • 1.16. ‘PIN' shall mean the identification number which will be required by the Consumer to authenticate a transaction and avail other
            services from time to time.
  • 1.17. ‘Terminal’ means devices deployed by Pluxee/ Pluxee’s partner Bank at the Premises of the MERCHANT for generating a Chargeslip, such as
            EDC machine and include Mobile POS and equipment(s) for manual generation of physical/ digital Charge slip]
  • 1.18. ‘Valid Card’ shall mean Card issued by Pluxee; not expired or mutilated or altered and conforms to Issuers guidelines or instructions issued
            from time to time.
  • 1.19. ‘Wallet(s)’ also can be termed as virtual card, is a pre-paid account for the services availed in which the money can be stored and used
            for any future transaction.

2. ORDER PLACEMENT


  • 2.1. The Client shall place an order on the Pluxee Client Portal for the Pre-Paid Payment instruments that they are willing to avail and mentioned
          on the Customer Application Form. Upon receipt of the order 'Pluxee' shall send a proforma invoice to the Client.
  • 2.2. All orders placed by any person on behalf of the Client shall be termed as valid order and the Client is bound to accept the same. Once the
          order is placed, the same cannot be cancelled or modified by the Client.
  • 2.3. The Client will need to provide minimum Consumer details (Title, First Name, Last Name, Mobile No. OR E-mail ID) in a format as
          prescribed by Pluxee.
  • 2.4. Pluxee can only issue a single Card to a Consumer or as otherwise prescribed by the regulatory authority.
  • 2.5. Before the consumer begins using the Card, Pluxee will need to validate the consumer’s mobile number. The consumer will also need to
          provide necessary KYC information as mandated by regulatory authorities and government of India from time to time.

3. CONSIDERATION AND PAYMENT TERMS


  • 3.1. The Client shall pay to Pluxee fees & charges as mentioned on the Customer Application Form. However, there will be charges to
          be borne by the Consumer that will be deducted from the available balance on the Pluxee Card. The charges
          to be borne by the Consumer will be communicated to them in the welcome letter/ e-mail.
  • 3.2. The Client will pay to Pluxee the total amount to be loaded on the Card along with the service fees in advance only through
          bank transfer in favour of 'Sodexo SVC India Pvt. Ltd', Escrow Account No. 0007351003 with Citibank N.A. at Nariman Point,
          Mumbai – 400 021 or t]hrough any other electronic mode of bank payment as may be agreed between the parties.
  • 3.3. In the event the Client fails to adhere to the payment terms; Pluxee reserves the right to levy interest 1.5% per month from
          the due date till the date of receipt of the payment.
  • 3.4. The Client shall solely be responsible for payment of all taxes whether payable in its state or elsewhere in India, which
          may result from payments made to Pluxee by the Client, pursuant to this Agreement.
  • 3.5.The Client agrees that once order is invoiced, the amount belongs to the Consumer and will be governed as per the terms and
          conditions agreed between Pluxee and the Consumer.
  • 3.6. Pluxee reserves the right to increase every year any of its fees, based on the inflation (i.e. Wholesale Price Index) as published
          by the Government of India.

    4. CARD SERVICES


  • 4.1 DELIVERY AND ACTIVATION OF CARD


    • (i) The Card delivered by Pluxee and accepted at the Client's Premises, or any other delivery address as may be specified by the
            Client shall be treated as valid delivery of the Card by Pluxee.
    • (ii) Once the Card is delivered as per the agreed terms, Pluxee will not be liable if the Card is destroyed, damaged or stolen
            regardless of whether it has been used or not.
    • (iii) Pluxee Card will be delivered in an inactive mode and the same needs to be activated before usage.
    • (iv) The Card can be activated either by the Client or the Consumer but the same may vary based on processes defined by Pluxee,
            subject to availability of the feature at the time of placing the order. The Client will need to specify
            if the Card will be activated by the Client or the Consumer.
    • (v) The Card activation details/ process will be communicated to the Consumer in the welcome letter / email.
    • (vi) The Client will inform the Consumer to sign on reverse of the Card before usage.
    • (vii) The Card is always the property of Pluxee and shall be returned to Pluxee unconditionally and immediately upon request.
    • (viii) The Client agrees that the unclaimed money lying in the respective Benefits wallets at the end of the financial year,
            will automatically move to the reimbursement wallet. The amount lying in reimbursement wallet will not
            subject to any usage restriction that is applicable to the respective Benefits availed.

    • 4.2 CARD USAGE


    • (i) Unless prohibited by law, the Card once activated, may be used to make purchases until the 'Validity” period mentioned on the Card.
    • (ii) The Card is non-transferrable and should not be assigned or transferred in any way by the Consumer to any third party. Any
            Card assigned, sold or otherwise transferred in violation of this provision may be invalidated or cancelled.
    • (iii) The Card issued by Pluxee does not facilitate balance transfer or cash withdrawal.
    • (iv) Card: In case the Card is misplaced/ stolen, the Consumer can block the Card through Pluxee Consumer Portal or Mobile App.
            The lost Card will be blocked and the available amount less charges and taxes would be issued to the Consumer
            through a new Hybrid Card. Pluxee is not responsible for any loss before the Card is blocked.
    • (v) The Consumer will need to refer and comply with the consumer terms and conditions available on our website www.pluxee.in
    • (vi) The Consumer can use the mobile app to check their account balance, initiate payment, view transaction history,
            locate Pluxee’s Merchants, change PIN, raise reimbursement claims etc.
    • (vii) The Merchant will sell to the Consumer, products and services, against the available balance on the card. Any
            payment request from a Consumer by means of the Card gives rise to a systemic authorization request.
    • (viii) The transaction may be rejected when (a) the Card is reported lost or stolen (b) Pluxee is uncertain whether the
            transaction is authorized by the Consumer (c) the Card is expired or the available balance is not
            sufficient (d) if the transaction PIN (where applicable) entered is incorrect (e) the transaction
            parameters do not meet the parameters defined by the Client. Pluxee may temporarily “block” the Card
            and attempt to contact the Consumer if Pluxee believes that transactions are unusual or appear suspicious.
    • (ix) Pluxee disclaims all representations and warranties with respect to the products and services provided by the Merchant
            including but not limited to any possible impact of such products and services on the Consumer, tax
            regime as well as the availability, the delivery and quality of the products and services purchased
            by the Consumer.
    • (x) Any dispute regarding the quality of products or services purchased shall be referred directly to the Merchant without any
            reference to Pluxee.

    5. CARD SPEICIFIC TERMS



    • 5.1 MEAL


    • (i) The Meal wallet linked to Pluxee card, issued by Pluxee shall be accepted only at the restricted Pluxee’s Merchant
            network against purchase of food and non-alcoholic beverages
    • (ii) The Consumers who have availed Meal will receive Pluxee Hybrid Card that can be used through the Magnetic Stripe
            option by swiping the card at terminal or through its e-wallet on their mobile app.
    • (iii) The Consumer can use the Meal wallet at Pluxee’s Merchant network available on the Pluxee Merchant Web Directory
            posted on the Pluxee website 'www.pluxee.in' or through Mobile App/ SMS based service. The
            list of Pluxee’s Merchants may get revised from time to time and it is the Consumer's responsibility
            to check whether the Merchant accepts Meal benefits.
    • (iv) The Client may choose to restrict the acceptance of card on the selected Pluxee Merchant as per the instructions provided
            by them from time to time.

  • 5.2 BENEFITS


    • (i) Benefits is a package of employee Benefits services offered by Pluxee to the employees/ business associate of the Client that
            includes Reward, Fuel , Telecommunication and Data, Office Wear , and various other Benefits.
    • (ii) The respective wallets linked to Pluxee Card will be loaded as per the instructions received from the Client from time to time.
            There are two options available for loading the Benefits viz;
      • (a) Allowance : The respective wallet(s) will be loaded in advance as per the instructions received from
              the Client. The amount loaded in this wallet will be used only at the restricted Merchant network of
              the Scheme filtered basis the services availed by the Client from Pluxee.
      • (b) Reimbursement – In this model, the Consumer will seek the reimbursement for the expenses incurred by
              uploading the copy of original bills through their mobile app. The bills will be verified and if legible,
              the amount will be credited when the client authorizes the claims and places a load order towards reimbursement.
              This money will be loaded on to the reimbursement wallet of the Consumer that may be used at the entire Merchant
              network of Scheme.
    • (iii) The Consumers who have availed Benefits will receive Pluxee Card that can be used through the EMV Chip based option by dipping
           at the Terminal or through its e-wallet on their mobile app.
    • (iv) Benefits can be used through Pluxee Card at the restricted network of Scheme Operator as per the services availed and
            instructions received from the Client.

  • 5.3 INCENTIVES & RECOGNITION


    • (i) There are different variants of Incentives & Recognition viz;
      • a) ‘Celebrations’ will be issued either in physical or virtual medium, that is non-reloadable PIN-based instrument issued with validity
              of 1 (one) year and with maximum balance of INR 10,000/- or such other amount as may be prescribed by the Regulatory
              Authority (RBI) from time to time.
      • b) ‘Exclusive’ means a non-personalized that is non-reloadable PIN-based instrument issued with validity of 1 (one) year and with maximum
              balance of INR 10,000/- or such other amount as may be prescribed by the Regulatory Authority (RBI) from time to time.
      • c) ‘Dining’ is an electronic pre-paid instrument issued to the Client by Pluxee that may be used for purchasing food and beverages
              and includes ‘Dining’ and ‘Dining Exclusive’.
      • d) ‘Rewards’ will be issued either in physical or virtual medium, that is reloadable PIN based instrument issued with validity of 3 (three)
              years and can have maximum balance of INR 2,00,000/- or such other amount subject to terms as may be prescribed by
              the Regulatory Authority (RBI) from time to time.
    • (ii) If the Client orders for Celebrations or Dining or Rewards, they will need to provide minimum Consumer details (Title, First Name,
            Last Name, Mobile No. OR E-mail ID) in an order upload format as prescribed by Pluxee for the issuance of respective
            cards.
    • (iii) If the Client orders for Exclusive or Dining Exclusive, then they shall at all time maintain minimum Consumer details of (Title, First
            Name, Last Name, Mobile No. OR E-mail ID) and shall provide the same to Pluxee and / or the Regulatory Authority (RBI)
            immediately upon request.
    • (iv) In case of Celebrations, Dining and respective Exclusive variants, it is the obligation of the Client to ensure that not more than ten
            number of pre-paid instruments be issued to a single Consumer or as may be informed by Pluxee from time to time.
            The Client understands and agrees the essence of this clause and will be liable for the consequences in case of breach.
    • (v) Celebrations, Dining and Rewards can be activated only by the Consumer, but the activation process as defined by Pluxee may vary
            subject to availability of the feature at the time of placing order. However, Exclusive and Dining Exclusive
            can be activated only by the Client.
    • (vi) Incentives & Recognition is accepted at all electronic Point-of-Sale Terminals or through Online Merchant website in India which have been
            enabled for Card Scheme acceptance. However, the Virtual Card/ instrument can be used to make purchases only through
            online Merchant websites enabled to accept Card Scheme.

    6. LIABILITY


  • 6.1 The Merchant shall solely be responsible for the quality of product or services sold by the Merchant to the Consumer. It is distinctly
          understood that Pluxee bears no responsibility for the products and services sold by the Merchant.
  • 6.2 In no event shall 'Pluxee' be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages
          whatsoever including, without limitation, damages with regards to the quality of product or services purchased by the Consumer including
          consumer experience or with regards to arrangement covered herein.

    7. TERMINATION


  • 7.1 Either party can terminate this Contract at any time by giving the other party not less than three months prior written notice in writing
         send by Registered A/D. Any failure to give the requisite termination notice will be termed as breach of the contract and
         the aggrieved party reserves the right to levy interest 1% of the monthly business volume (average of last 6 months).
  • 7.2 Pluxee shall have the right to terminate the Contract by giving 15 days written Notice in the event the Client fails to abide by
          its payment terms.
  • 7.3 Pluxee reserves the right to vary any of the terms & conditions contained herein upon written notice to the Client of not less than thirty
          (30) days, at the address of the Clients as indicated in this Contract.

    8. REGULATORY


  • 8.1 The Pre-Paid Payment Instrument is classified as Payment Instrument as defined under Master Direction on Issuance and Operation of
          Prepaid Payment Instruments, which is governed by the Payment and Settlement Act, 2007 and all its rules, regulations and directions issued
          from time to time ('PSS Act, 2007'). The PSS Act, 2007 will be binding on the Issuer, Client, Merchant and the Consumer as applicable from
          time to time.
  • 8.2 In compliance with RBI directions issued under PSS Act, 2007, the amount received from the Client for value of Pre-Paid
          Payment Instrument is deposited in an Escrow Account with the Bank, to ensure honouring of payments against
          valid Card transactions to the Merchant.
  • 8.3 The Client agrees to provide Pluxee with necessary information/documents as may be required to comply
          with Know Your Customer/ Anti - Money Laundering & Combating Financial Terrorism Guidelines issued
          by RBI including any amendments thereto.
  • 8.4 The Client should immediately report all the suspicious transactions as defined under Anti-Money Laundering Guidelines
          to Pluxee on client@india.pluxeegroup.com
  • 8.5 The Client undertakes to conduct its business in strict compliance with applicable standards and regulations.
  • 8.6 The Client and all of its subsidiaries, directors, employees, representatives, subcontractors and agents (here after the
          “Client Representatives”), to the extent applicable, shall more specifically comply with applicable laws related to anti-bribery and
          anti-corruption, in particular the “French law n° 2016-1691 dated 9 December 2016 relating to transparency, fight against corruption and
          modernization of economic life (so called “Loi Sapin II”), the American law (« US Foreign Corrupt Practices Act », 1977), the British law
          (« United Kindgom Bribery Act », 2010) , as well as the “French law n° 2017-399 dated 27 March 2017 relating to the corporate duty of
          vigilance of mother companies” (so called « Loi Devoir de Vigilance »).
  • 8.7 In the event of non-compliance with the provisions of this contract by the Client, or the Client Representatives, Pluxee reserves the
          right to terminate immediately this contract by registered letter in accordance with this Contract.
  • 8.8 Any change in the Government Policies, Rules or Regulations or any enactments or amendments thereto shall be applicable to the
          Client from time to time.

    9. MISCELLEANOUS


  • 9.1 Pluxee will act as co-ordinating agent between the Client and the Merchant and the reimbursement of value of transactions on the Card by
          ‘Pluxee’ to the Merchant will constitute a valid discharge of the Client's obligation to pay directly to the Merchant.
  • 9.2 Neither Party shall be liable for any breach of this Contract caused by force majeure events such as acts of god, fire, pandemic,
          lightning, explosion, flood, inclement weather conditions, strikes, lockout or any other cause beyond the control of either party.
  • 9.3 The Client agrees that Pluxee at its own discretion can use the Client's name and logo in the Client reference list.
  • 9.4 All Intellectual Property Rights belonging to a Party prior to the execution of this Agreement shall remain vested in that Party.
          None of the Intellectual Property Rights in Pluxee's trademarks and brands shall be used by the Client for any purpose
          without Pluxee's prior written consent.
  • 9.5 If any Dispute arising between the parties is not amicably settled within Thirty (30) days of commencement of attempts to settle
          the same, the Disputes shall be referred for arbitration under the provisions of the Indian Arbitration and Conciliation Act 1996 by mutually
          appointing one Arbitrator and the arbitration proceeding shall be held in Mumbai in English language.
  • 9.6 This Contract will be construed in accordance with and governed by the Laws of India and each party agrees to submit to
          the exclusive jurisdiction of the courts in Mumbai, India.
  • 9.7 The Client agrees to immediately inform about any change as shared with Pluxee including but not limited to change in constitution,
          name, address, authorised person or any other information relevant to this contract. In case of failure to intimate
          the change, the Client will be responsible for the consequences thereof.
  • 9.8 In case of any query or need for support the Client can write us on: client@india.pluxeegroup.com or
          call: 022-69196919 / 022-49196919 or visit www.pluxee.in
  • 9.9 All Correspondence relating to the arrangement covered by this Contract should be addressed to:
          VP – Sales,
          Sodexo SVC India Pvt. Ltd.,
          503/ 504, Hiranandani Fulcrum, B-Wing,
          Sahar Road, Andheri (East),
          Mumbai – 400 099
  • 9.10 The Client warrants and guarantees that the signatory signing this Contract is authorized to sign this
           Contract and bind the Client to this Contract. Such authority of the signatory hereto shall not be questioned or challenged by
           the Client at any time.