GENERAL TERMS AND CONDITIONS BETWEEN PLUXEE AND THE MERCHANT FOR ACCEPTANCE OF CARDS/ OTHER PAYMENT METHODS

These terms and conditions are applicable to all Merchants who are availing services related to POS and Bharat QR from Pluxee India Private Limited (‘Pluxee’). These Terms and conditions shall be applicable on the Merchants from the date of installation of the terminal facilitating credit/ debit transactions on POS and Other Payment Methods transactions as agreed between the parties from time to time.

1.DEFINITIONS:

a. “Authorisation” means the process by which the Pluxee/ Pluxee’s Partner Bank approves a Transaction as stipulated by the Issuer from time to time and includes the approval flashed on the EDC machine / terminal

b. "Application Form" means, as the context may permit or require, the POS application form submitted by the MERCHANT to Pluxee for applying for and availing of the Services/Facilities and all other information, particulars, clarifications and declarations, if any, furnished by the MERCHANT or any other person from time to time in connection with the Merchant Account. 

c. “BHARAT QR / BHIM UPI” refers to the Unified Payments Interface Service offered by NPCI in collaboration with its member banks. 

d. “Card” means a credit Card, debit Card, PPIs including Meal Card issued by Pluxee, or any other payment Card issued by an Issuer and agreed to be accepted by the Merchant under this agreement

e. “Consumer” means a person to whom a Valid Card / mobile wallet is issued and that gets accepted for payment at the Merchant.

f. “Card Scheme” means VISA, MasterCard, RUPAY and any other Card organization offering card or any other payment Card programs to Issuers.

g. “Chargeslip” means an electronic or paper record of a Transaction generated by the MERCHANT using Equipment. 

h. "Consumer Data" means all identifiable information about Consumer that may be directly collected by Merchant from the Consumer as part of the services rendered by the Merchant.

i. “Equipment/ EDC Terminal” means devices deployed by Pluxee/ Pluxee’s partner Bank at the Premises of the MERCHANT for generating a Chargeslip, such as EDC machine /terminals include Mobile POS and equipment(s) for manual generation of physical/ digital Charge slip. 

j. “Issuer” means Consumer's bank/ or RBI authorized entity which has issued a Card to an individual. 

k. ‘Merchant' shall mean any person or entity that has an agreement with Pluxee as specified in the Application Form and is desirous to avail POS/ Bharat QR services from Pluxee for facilitating transactions by its Consumers using card/ other payment methods issued under various prevalent schemes from time to time towards payment for the sale of goods or services by the MERCHANT to its customers. 

l. “MDR/ Service Commission” means the commission payable to the Pluxee by the MERCHANT for facilitating a Transaction 

m. “Other Payment Methods (or OPM)” means the services offered by Pluxee to provide Merchant with the ability to accept payments through other and newer form factors/payment methods such as UPI, QR code, wallet, net banking, or similar account, etc. as may be agreed between Pluxee and Merchant from time to time.

n. “POS” refers to Point of Sale and covers Transaction Processing Devices in all form that is installed by Pluxee at Merchant premises.

o. ‘Pluxee' shall mean Pluxee India Private Limited' a company established under the Indian Companies Act, 1956 and duly authorized by RBI under Payment and Settlement Systems Act, 2007 and will be providing Payment Aggregator/ Merchant Aggregator service under this agreement.

p. ‘Pluxee Partner Bank’ means the Bank that have arrangement with Pluxee to facilitate and accept the transaction at the Merchant.

q. ‘Pluxee Meal Card’ means meal benefit service offered by Pluxee through the issuance meal instrument that will be used for purchasing food and non-alcoholic beverages and will be governed by the Meal Card agreement entered between Pluxee and the Merchant.

r. “Transaction” means the transaction between a Consumer and the MERCHANT for the payment by such Consumer to MERCHANT towards purchase of goods or services from the MERCHANT 

s. 'Valid Card’ shall mean a card not expired or mutilated or altered, bearing Consumer’s signature on the reverse of the card and authorised by the Issuer for the transaction that conforms to RBI’s and / or Issuer’s guidelines/advisories/circulars issued and amended from time to time

2. ACCEPTANCE OF CARD /BQR PAYMENT

2.1 The Merchant undertakes to accept Card / Other Payment Methods as per the terms of this agreement at all its network of Outlets through EDC Terminal, mobile payment, QR or other mode of payment as and when provided by Pluxee.

2.2 The Merchant agrees that the acceptance of Meal Card issued by Pluxee will be governed by terms and conditions as agreed between Pluxee and the Merchant in the Meal Card agreement/ Meal Pass acceptance Application Form.

2.3 The Merchant shall service or deliver to a Consumer goods and services against the available Card balance. However, any payment request from a Card holder by means of the Card gives rise to a systematic authorization request. 

2.4 The MERCHANT shall for ascertaining the primary verification of the Card:

a. ensure that the Card is a Valid Card;

b. identify, in case of photo Card, the person desirous of Transaction with the photograph on it;

c. ensure that the signature panel strip on the reverse of the Card is unaltered;

d. ensure that all the inherent card personalization & security features of the Card are checked & validated with the most current and applicable norms as advised by Pluxee from time to time and

e. to obtain photocopy of the passport with Visa of the consumer in-case of the transaction conducted on an international credit/debit Card and where the transaction amount exceeds Rs.10, 000/- (verify pre-photocopied copy of the passport with the original passport).

2.5 The MERCHANT after completion of the primary verification as above, and when the Equipment provided is an EDC machine / terminal shall:

a. dip the Card in the Equipment – if it is an EMV chip-based card

b. swipe the card on the Equipment if it is a magnetic-stripe Card or if prompted by the POS machine despite the Merchant having correctly and properly having dipped a chip card first and enter Transaction details as requested (and also allow the Consumer to enter their personal identification number, if so required, providing the Consumer sufficient privacy to do so) so as to obtain Authorisation and generate a Chargeslip. 

c. The MERCHANT shall obtain, the Consumer’s signature on the Chargeslip and verify so as to match the same with that on the signature panel strip on the reverse of the Valid Card for all the transactions where chargeslip prompts for signature 

2.6 The MERCHANT shall not entertain a Transaction in case of being unsure of any of the foregoing or when in doubt that the person requesting Transaction is not the Consumer. In such cases the MERCHANT shall forthwith inform the incident to Pluxee for seeking further instructions. 

2.7 The MERCHANT shall provide to the Consumer the copy of the Chargeslip marked as Consumer’s copy.

2.8 The Merchant agrees to;

a. return the Card and handover a copy of the transaction record/ chargeslip to the Consumer, if requested.

b. retain the copy of transaction record/ charge slip and sales invoices for a minimum period of 90 days and whenever required, on Pluxee’s request provide the same within 3 business days from the date of request

2.9 Pluxee shall not be liable for any loss, claim or damage suffered by the Merchant and/or any other third party arising out of or resulting from failure of a BHARAT QR / BHIM UPI transaction on account of time out transaction i.e., where no response is received from NPCI or the beneficiary bank to the transaction request and/or where mobile number or account number of the beneficiary does not exist.

2.10 Valid Card Acceptance: The MERCHANT agrees and confirms to:

a. Honour a Valid Card issued by Visa/MasterCard/ /Rupay or any other supported Card Scheme, which is enabled on the POS Terminal installed at the Merchant establishment, when presented for Transaction 

b. not engage in any practices or procedures that discriminates against, or discourages the use of Valid Cards whether in favour of cash, any Other Payment Method or any other Card brand 

c. not levy any service charges, surcharge, Convenience Charge on the Consumer for the use of the Card, except where expressly permitted as per the instructions/ circulars/ advisories issued by Pluxee or the Regulator. 

d. not place any minimum limit on the Transaction for the use of Valid Card, subject to the instructions/circulars/advisories issued by Pluxee or the Regulator. 

e. comply with all the applicable laws prevailing or as amended from time to time during the subsistence of relationship 

f. Not engaging in activities that harm Scheme/ Pluxee reputation/business or indicate that they prefer, directly or indirectly, any other payment product over the Card 

g. not to dissuade consumer from using the Card. 

h. not to criticize or mischaracterize the Card or any of the Card scheme or program 

i. not try to persuade or prompt consumer to use any other payment products or any other method payment (e.g., payment by cheque); or 

j. not try to impose any restriction, condition, or disadvantage when the Card is accepted that are not imposed equally on all other payment products (except where expressly permitted under the applicable law)

3. RESPONSIBILITY FOR THE PRODUCTS

3.1 The Merchant will hold all valid license and subsisting licenses, permits and consents required for the conduct and operation of the Business.

3.2 The Merchant hereby represents and undertakes goods and services to be served or delivered to the Consumer shall be hygienic and under hygienic conditions. It is distinctly understood that Pluxee bears no responsibility for the goods and services sold by the Merchant including but not limited to Consumer experience.

3.3 The materials and services to be delivered or rendered by the Merchant shall be of the kind, quality and timeliness designated as per the quality and schedule standards and shall meet specifications as well as manners as per the best applicable Industry practice.

3.4 The Merchant is solely responsible for resolving any dispute with a Consumer regarding any matter related to the goods and services purchased from the Merchant. The Merchant shall make good faith efforts to resolve such disputes in a prompt and fair manner.

3.5 The Merchant agrees to indemnify Pluxee against any losses, damages, claims, suit, proceedings, costs, charges and expenses caused or suffered by Pluxee as a result of quality of the goods or services sold or any dispute between the Consumer and Merchant.

3.6 To pay applicable transaction processing fees, merchant service fees and / or other charges as agreed upon in the Merchant Contract Form, and as amended by Pluxee from time to time and displayed on its website or branches.

4. OBLIGATIONS OF MERCHANT

4.1 The Merchant shall for the duration of this agreement strategically place stickers and any other promotional material given by Pluxee from time to time. The stickers/promotional material shall be placed at such places in their outlets that it is prominently visible to the Consumer as soon as they enter the outlet.

4.2 Merchant is responsible for paying all taxes due in connection with every sales transaction through Card/ other payment methods and shall indemnify and hold harmless Pluxee, including its parent Company and their directors, officers from and against any and all losses relating to its failure to do so, including penalties, assessments, judgments, court costs and litigation expenses, including, without limitation, reasonable attorneys' fees.

4.3 Merchant shall comply with all laws, regulations and rules applicable to its business and shall ensure that the same is compiled during the term of this agreement.

4.4 The Merchant agrees that the sale of goods and services under the transaction shall be transactions between the MERCHANT and the Consumer without Pluxee being a party thereto.

4.5 The Merchants installing EDC Terminal at their outlets for acceptance of Cards should abide by the terms and conditions described in the attached Appendix. Merchant will ensure that the EDC Terminal is operational during the term of this contract.

4.6 It is the sole discretion of Pluxee to install or remove the EDC machine/terminal or/and other Equipment’s from the Premises and on the exercise of discretion by Pluxee, MERCHANT shall return the EDC machine/terminal or/and other Equipment’s to Pluxee as the case may be in working condition. 

4.7 The Merchant agrees to immediately inform about any change in the information as shared with Pluxee including but not limited to change in constitution, name, address, contact person or any other information relevant to this contract. In case of failure to intimate the change, the Merchant will be responsible for the consequences thereof.

4.8 Merchant agrees to keep Pluxee informed of the claims it receives in relation to transactions or any other matter in connection with this Terms & conditions and to provide details as may be required by Pluxee and shall not dispute, compromise or otherwise deal with the same without the consent in writing of Pluxee

5. COMMERCIAL ARRANGEMENT

5.1 Pluxee shall make a payment to the Merchant against the value of settled transactions after deducting there from the amount of service charge or other fees/ charges as per mutually agreed terms and conditions. All applicable taxes and duties shall be borne by the Merchant.

5.2 Pluxee reserves the right to increase every year, its fees based on the inflation (i.e., Wholesale Price Index) as published by the Government of India. 

5.3 It is expressly provided that neither Pluxee nor the Client shall be liable to pay/ reimburse any extra amount to the Merchant on account of taxes including tax /interest / penalty sought to be collected and /or levied on the Merchant by the Government / Semi-Government authorities and that any liability on this account or on change of government policy is expressly that of the Merchant.

6. SETTLEMENT

6.1 Pluxee shall accept all legitimate Card/ Other Payment Methods transactions that are allowed under this Agreement and tendered by Merchant in accordance with this Agreement.

6.2 The Merchant agrees that Pluxee’s obligation to settle the transaction is subject to receipt of funds from the Scheme/ Partner Bank.

6.3 The payment will be made by Pluxee electronically through bank transfer for the authorised transactions as per the terms mutually agreed between the parties. In case the payment date happens to be a Sunday or a Bank holiday then the payment will be made on the subsequent working day. The payment will be made for the value of authorised transactions after deducting therefrom the amount of service charge, fee and applicable taxes and duties.

6.4 The Merchant accepts that the data provided by Pluxee and, in particular, those concerning the date and the amount of transactions made, shall serve as proof, between the Parties, for all the said transactions as a whole. It is expressly agreed between the Parties that in the event of disagreement, the data and records produced by Pluxee will prevail over those produced by the Merchant.

6.5 In the event the Merchant disputes the amount paid by Pluxee then the same should be informed to Pluxee within 7 days of receipt of the payment. The transaction slip/ SMS notification for the unpaid transaction retained by the Merchant will be submitted to Pluxee for verification. Pluxee will verify the same and determine if the same is payable. The amount determined by Pluxee to be payable to Merchant shall be conclusive.

6.6 The MERCHANT agrees and confirms that in case of any refund claimed by Pluxee exceeds the amount due to MERCHANT, Pluxee reserves the right to debit the amount in subsequent invoices.

6.7 The MERCHANT hereby agrees and confirm that the payment by Pluxee shall be without prejudice to any claims or rights which Pluxee may have against the MERCHANT and shall not constitute any admission by Pluxee as to the performance by the MERCHANT of its obligations under these terms and condition and the amount payable to the MERCHANT.

6.8 The MERCHANT hereby agrees and confirms that if Pluxee suspects that the MERCHANT has committed a breach of these terms and condition or has acted dishonestly or fraud has been committed against Pluxee or any Consumer or third party, or the MERCHANT has in connivance with any other person done the same or assisted in the same, Pluxee shall be entitled to suspend all payments to the MERCHANT, pending enquiries by Pluxee. 

6.9 The MERCHANT hereby agrees and confirms that where Pluxee has reason to believe that any Transaction is fraudulently incurred, Pluxee shall be entitled to withhold payment in respect thereof.

6.10 The MERCHANT agrees and understands that no amount on a Transaction shall be payable by Pluxee to the MERCHANT unless Pluxee has received a receipt of that Transaction i.e.:

a. in case of Transactions via EDC machine / terminals, the MERCHANT has used “settlement function” on the EDC machine / terminals and follows such further procedure as may be stipulated by Pluxee from time to time;

b. in case of manually processed Transactions, the MERCHANT has made a physical presentment of  Chargeslip to Pluxee

6.11 The MERCHANT hereby agrees that all Transaction needs to be settled not later than 3 calendar days from the date of Transaction else an additional charge of 50 basis points over and above the agreed merchant discount rate which shall be levied and recoverable by Pluxee from the MERCHANT. All Transactions settled beyond 3 calendar days from the date of the transaction may consequent to a late presentment charge back for which Pluxee does not have a representment right and the amount will be recovered permanently.

6.12 Subject to the terms and conditions, Pluxee shall pay the MERCHANT Settlement Amount for each transaction processed by the MERCHANT pursuant to this terms and conditions. In the event the transactions are not settled by the MERCHANT within 30 calendar days from the date of the transactions, Pluxee shall mark 'hold' on the fund in the MERCHANT's Account for a period of 180 days from the date of settlement. For avoidance of doubts, Pluxee shall not be liable to pay any interest on the marking of 'hold' on funds as aforesaid, and the provisions of charge-back shall be applicable against such funds as per these terms and conditions.

7. REFUND, CHARGE BACK AND DISPUTES

7.1 REFUNDS

The MERCHANT agrees and confirms, that in the event any goods/services are not received by a Consumer or are rejected pursuant to non-compliance by the MERCHANT or pursuant to any terms of contract between the MERCHANT and the Consumer or are otherwise lawfully rejected or are accepted for return and/or services paid for by the Consumer are not performed or are cancelled by the MERCHANT or the price is lawfully disputed by the Consumer or the price adjustment is disputed by the MERCHANT, shall:

a. not make any cash refunds or bank transfer or other form of remittance to the Consumer;

b. the refund should be processed specifically and exclusively to the same card on which the preceding “sale” transaction had taken place

c. make all refunds to the Consumer through Pluxee as per the process communicated by Pluxee; forthwith make payment of the amounts to be refunded to Pluxee for onward credit to the Consumer, failing which Pluxee reserves right to adjust all such amounts from the amount payable by it to MERCHANT or provide for such other procedure for refund in writing, as Pluxee may deem fit from time to time.

7.2 Any Transaction entered by the Merchant in any of the following circumstances shall be the final responsibility of Merchant notwithstanding that the Transaction was accepted or paid by Pluxee and the Merchant agrees to Pluxee's charging back of the Transaction without any demur or protest:

a. Transactions which are not in conformity with the provisions of this Agreement

b. Transactions where the Card is altered or mutilated

c. In the event, the Card is swiped more than once for the same transaction.

d. In case where the settlement amount paid by Pluxee is more then what is due to the Merchant, or the payment is made by Pluxee erroneously more than once for the same transactions.

e. Transactions which are fraudulent, collusive, illegal or otherwise irregular in a manner whatsoever.

f. Transactions incurred outside the territory authorized for use of the Card.

g. Transactions where the charge slip is incomplete or illegible or is otherwise irregular any charge for merchandise or service sold or provided to the Consumer at a price which is in excess of the advertised price or in excess of the price charged to the general public for the goods or service.

h. Transactions where the Consumer asserts a claim for set-off or counter claim against the Merchant or disputes his / its liability for any reason whatsoever.

7.3 In the event the Merchant does not agree to the charge back of transaction raised by Pluxee, the same needs to be established through submission of original charge slip or by substantiation of facts via other acceptable documents.

7.4 If Pluxee is entitled to charge back any transaction or is entitled to payment or reimbursement from the Merchant of any amount under this Agreement, Pluxee may at its discretion, give effect to such charge back entitlement through any one or more of the following methods:

a. deduction of the relevant amount or any part thereof from any payments to Merchant

b. billing the Merchant for the bill amount or any part thereof and Merchant agreeing to pay the amount of the bill forthwith upon receipt of the same without any demur or protest.

7.5 The Merchant hereby agrees and confirms that for Chargeback related to transactions done through International Cards, Pluxee is entitled to recover from the MERCHANT an amount in INR which is equivalent to Transaction amount as per the home currency of the Consumer + the conversion charges as applicable on the date of processing the Chargeback. 

8. MARKETING & INTELLECTUAL PROPERTY

8.1 The Merchant grants to Pluxee a limited and non-exclusive license to utilize Merchant's trademarks, trade name and logo. It is clearly understood and agreed that mention of the Merchant in the Merchant directory or at any other place, whether in printed or electronic form is not in any way intended to promote the business of the Merchant nor does Pluxee make any representation in respect of the same.

8.2 The Merchant shall not use Pluxee's name/brand name or logo in any literature, advertisement or communication to third party unless consented in writing by Pluxee.

8.3 All the intellectual property of Pluxee including its systems, software's, trademark and other intangibles will at all point of time remain exclusive property of Pluxee. Pluxee confers no intellectual property right of any type whatsoever to the Merchant under this agreement.

9. CONFIDENTIALITY

9.1 Merchant shall not without the prior written consent of Pluxee, and the Consumer, use or disclose the name of the Consumer, Card number, expiry date, CVV number including without limitation any other confidential information of the Consumer, Transactions or Equipment and/or relating to Pluxee and their respective business including legal, financial, technical, commercial, marketing and Transaction/Equipment related records, data, documents, reports and the details of the negotiations between the Parties etc. (“Confidential Information”) to a third party unless such disclosure is compelled by applicable law.

9.2 Pluxee will not share any personal data of the Consumer to the Merchant for acceptance of Pre-paid payment instrument issued by Pluxee. However, if the Merchant collects any personal data directly from the Consumer for any reason, Pluxee will not be responsible or liable for the data that is directly collected by the Merchant from the Consumer. In case of any claim is received by Pluxee from the Consumer for the misuse of the data that is collected directly by the Merchant; the Merchant agrees to indemnify and hold harmless Pluxee in this regard.

9.3 Merchant shall take all steps as may be reasonably necessary to protect the integrity of the Confidential Information and to protect against any unauthorised disclosure thereof, and agrees to store, handle, transmit or process all card information strictly in conformance with the Payment Card Industry Data Security Standards (PCIDSS) norms as applicable and amended from time to time.

9.4 Merchant shall promptly inform Pluxee of any potential or accidental disclosure of the Confidential Information and take all steps, together with Pluxee, to retrieve and protect the said Confidential Information.

10. INDEMNITY

10.1 The Merchant agrees to defend, indemnify and hold Pluxee harmless from and against any material claim, liability, demand, loss, damage, legal cases, judgment or other obligation or right of action, which may arise as a result of;

a. any Transaction or any other matter relating to these terms and conditions.

b. Failure of Merchant by accepting Meal Card for other than food and non-alcoholic beverages.

c. failure by the MERCHANT (or any of MERCHANT’s officers, employee or agent) to comply with the provision of this terms and conditions including any act, commission or omission, negligence, fraud, forgery, dishonesty, money laundering, misconduct or violation of any of these terms and conditions;

d. the breach of contract or duty by the MERCHANT (or any of the MERCHANT officers, employee or agent) to a Consumer or any third party;

e. the misuse of the Equipment including unauthorized access, shifting, hacking, cracking etc.

f. any of the MERCHANT’s statements being or becoming false or untrue; and

g. any claim from any statutory authority or Consumer.

h. Consequences arising out of acceptance of fake/ counterfeit card

i. any claim, penalties, fines, assessments, levies etc. from any Card organizations/ schemes.

j. for any reason whatsoever,

10.2 MERCHANT further agrees and confirms that this indemnity shall remain valid and subsisting and binding upon the MERCHANT notwithstanding withdrawal of Services.

10.3 MERCHANT hereby agrees and confirms to forthwith make payment of the amount as demanded by Pluxee for the reasons as mentioned in the above clause, failing which Pluxee shall reserve right to adjust the amounts so determined to be due from the MERCHANT against the future payments due from Pluxee to the MERCHANT

10.4 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 the goods or services purchased by the Consumer (including but not limited to Consumer experience) or with regards to arrangement covered herein.

11. TERMINATION

11.1 If the Merchant commits a material breach of any covenants, representations, warranties or does not comply or abide by the terms and conditions  of  this Contract, in case of any insolvency/ bankruptcy then Pluxee reserves the right to terminate this agreement with immediate effect by sending a written Notice to the Merchant at the business address indicated in the Merchant Application Form,

11.2 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 or by physical handover to their business address.

11.3 Upon termination of this Contract, the Merchant shall hand over to Pluxee all promotion material and EDC Terminal within seven (7) days of such termination.

12. AUDIT AND INSPECTION 

The Merchant hereby agrees and confirms that:

a. Pluxee, its Partner Bank, regulators or any Card Organization/ its Representatives reserves right to conduct on-site or remote inspection of Merchant for the purpose of evaluating merchant performance, placement of POP materials and compliance with the terms of manuals (e.g., mystery shopping, customer research or focus group, and suppression monitoring) (“inspection”).

b. Merchant’s data related to use of Cards and other information may be shared with relevant Card Organization/ its Representatives and employees as appropriate and permits Pluxee to assign to relevant Card Organization or its designee the rights and obligation to accept cards.

c. in case of data breach incident, Merchant shall provide all the required access and co-operation to Pluxee / its Representatives and Regulatory & Statutory Authorities for conducting forensic audit of the Systems.

13. REGULATORY

13.1 The amount received from the Partner Bank for settlement of the transaction is deposited in an Escrow Account with the Bank, to ensure honoring of payments against valid Card transactions to the Merchant. The detail of the Escrow Agent is mentioned on our website www.pluxee.in.

13.2 Merchant agrees to provide Pluxee with necessary information/documents as may be required to comply with Know Your Client/ Anti- Money Laundering & Combating Financial Terrorism Guidelines issued by RBI including any amendments thereto.

13.3 The Merchant should immediately report all the suspicious transactions as defined under Anti-Money Laundering Guidelines to Pluxee. To access our help line numbers kindly visit our website www.pluxee.in.

13.4 Any change in the Government Policies, Rules or Regulations or any enactments or amendments thereto shall be applicable to the Merchant from time to time.

14. MISCELLEANOUS

14.1 Pluxee will act as coordinating agent between the Consumer and the Merchants, and the reimbursement of value of transactions on Card by Pluxee to the Merchant will constitute a valid discharge of the Consumer's obligation to pay directly to the Merchant.

14.2 Neither Pluxee nor the Merchant shall be liable for any breach of this Contract caused by force majeure events such as Acts of God, fire, lightning, explosion, flood, inclement weather conditions, strikes, lockout or any other cause beyond the control of either party.

14.3 Pluxee reserves the right, at its sole discretion from time to time to vary any terms and conditions herein contained upon written notice of not less than thirty (30) days to the Merchant at the business address indicated in the application form.

14.4 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.

14.5 This Contract will be construed in accordance with and governed by the Laws of India and  each party agree to submit to the exclusive jurisdiction of the courts in Mumbai, India.

14.6 In case of any query or need for support the Merchant can call 022-69196919 or visit www.pluxee.in

14.7 All Correspondence relating to the arrangement covered by this Contract should be addressed to:

VP -Head –Merchant

Pluxee C India Pvt. Ltd.,

503 & 504, B Wing, 5th Floor, Hiranandani Fulcrum,

Sahar Road, Andheri(E) Mumbai-400 099.

14.8 Merchant warrants and guarantees that the signatory signing this Contract is authorized to sign this Contract and bind the Merchant to this Contract. Such authority of the signatory hereto shall not be questioned or challenged by the Merchant at any time.