1. By agreeing to these terms, the Consumer(s) have consented that they have no objection in authenticating themselves with Aadhaar based Authentication system and hereby give their voluntary consent as required under the Aadhaar Act 2016 and Regulations framed thereunder for seeding your Aadhaar number & to provide their identity information (Aadhaar number, biometric information & demographic information) for Aadhaar based authentication for the purpose of availing the services of using the Pre-Paid Payment Instrument in line with the Payment and Settlement Systems Act, 2007 and its relevant regulations and directions issued by Reserve Bank of India from time to time.
2. Consumer’s request will be processed within 7 working days by Sodexo.
3. This request will not be processed, if:
4. If you have provided your mobile number or e-mail ID, we will inform you about the closure of your request by SMS or e-mail respectively. Providing the mobile number or e-mail ID here will not result in an update of your mobile number or e-mail ID as recorded with us.
5. Sodexo does not take any responsibility and will also not be liable for claims, if the details provided by the Consumer are incorrect/ incomplete.
6. By agreeing to these terms, the Consumer(s) have agreed that they have been explained about the nature of information that may be shared upon authentication and they have been given to understand that their information submitted to the Sodexo herewith shall not be used for any purpose other than mentioned above, or as per requirements of law. Also, the Consumer declares that all the information voluntarily furnished by them to the Sodexo are true, correct and complete.
7. Consumer hereby gives consent to use/exchange or share their Aadhaar number, Aadhaar information with Reserve Bank of India, statutory authorities and with any other regulatory agency as Sodexo deems fit or as per requirements of law.
These Terms & Conditions apply to and regulate the issuance and usage of Sodexo Meal / Resto Pass Cards provided bySodexo SVC India Pvt.Ltd. These Terms & Conditions (the “Terms and Conditions”) shall be in addition to and not in derogation to any other terms as stipulated by Sodexo from time to time.DEFINITIONS
a. ‘Merchant’ shall mean any person or entity who has agreed to provide food and non-alcoholic beverages to the user of the Sodexo Meal / Resto Pass Card and includes its successors and assigns.
b. ‘Meal / Resto Pass Card(s)’ shall mean an electronic Pre-Paid (PIN Based) Card issued by ‘Sodexo‘ that may be used for purchasing food and non-alcoholic beverages from its respective defined Merchant network.
c. ‘Customer’ shall mean an organization which instructs ‘Sodexo‘ to issue Meal / Resto Pass Cards for the exclusive use of its employees / business associates etc.
d. ‘User(s) / Cardholder(s)’ shall mean an employee / business associate of the Customer who has been issued a valid Meal / Resto Pass Card by Sodexo. The terms "you" and "your" refer to an employee/ business associate of the Customer who has been issued a valid Sodexo Meal / Resto Pass Card (i.e. the ultimate beneficiary or the “Cardholder”)
e. ‘Valid Meal / Resto Pass Card’ shall mean Meal / Resto Pass Card issued by Sodexo; not expired or mutilated or altered and conforming to the issuers guidelines or instructions issued from time to time.
f. ‘PIN’ shall mean the 4 digit Personal Identification Number which will be handed over along with the Meal / Resto Pass Card in a secured and sealed kit This PIN will be used on the IVR for Cardholder authentication and on the POS Terminal as a transaction PIN.
g. ‘POS Terminal’ means an electronic Point of Sale (POS) Terminal installed by or on behalf of Sodexo at all the outlets of Merchants that are capable of reading Sodexo Meal / Resto Pass Card for the purpose of authorizing transactions.CARD ACTIVATION & VALIDITY
Your Card must be activated before you can use it. You can activate your card online or via SMS.(Please refer to the FAQ section for more information on card activation) Once your Card is activated, it may be used until the “Validity” date printed on the Card. On that date, unless prohibited by applicable law, the Card and any available balance will expire and you can no longer use the Card or access the available balance.CARD USAGE
You may use the Card to make payments for purchase of food and non-alcoholic beverages from Sodexo‘s Merchants within India. The facility of balance transfer from one Card to another, cash withdrawal facility and the facility to make offline / MOTO transactions shall not be available on the Meal / Resto Pass Card. No interest shall be payable by Sodexo on the amount available/loaded on the Card. The Merchant will obtain authorization for the amount of your transaction. A transaction will not be authorized if it exceeds the available balance. However, in the event that such a transaction is authorized,due to systems malfunction or any other reason, you are liable for and agree to pay immediately the difference between the available balance and the transaction amount.
We may refuse to authorize a Card transaction if:(a) the Card is reported lost or stolen
We may temporarily “freeze” the Card and attempt to contact you if we note transactions that are unusual or appear suspicious. You are responsible for safeguarding the Card and do not have the right to stop payment on any transaction originated by use of your Card. The Card will at all points of time remain the property of Sodexo and the user needs to return the card to Sodexo whenever requested. In case the user is in receipt of a lost or misplaced card, the same should be handed over to Sodexo.STATEMENTS AND RECORDS
Sodexo will not generate any card statements (Physical/ PDF) to be sent across to the Cardholder, but all registered Cardholders can log onto the Sodexo Card Holder Portal (https://Cards.SodexoBRS.com) to view and download card transaction history. SMS or e-mail alerts will be sent to the mobile number/ e-mail ID of registered Cardholders.NOTIFICATION OF ERROR
The Cardholder shall inform Sodexo in writing (email@example.com) or should notify Customer Care immediately (1860-500-4949) within 15 days from the date of concerned transaction, if any irregularities or discrepancies exist in the transactions/ particulars of the Card Account on any statement that is made available to the Cardholder. We will immediately do a thorough investigation and revert with the findings, and our findings shall be final and conclusive. If Sodexo does not receive any information to the contrary within 15 days, it shall assume that the statement and the transactions are correct.NOTIFICATION OF ERROR
The Cardholder shall inform Sodexo in writing (firstname.lastname@example.org) or should notify Customer Care immediately (1860-500-4949) within 15 days from the date of concerned transaction, if any irregularities or discrepancies exist in the transactions/ particulars of the Card Account on any statement that is made available to the Cardholder. We will immediately do a thorough investigation and revert with the findings, and our findings shall be final and conclusive. If Sodexo does not receive any information to the contrary within 15 days, it shall assume that the statement and the transactions are correct.SAFE KEEP OF THE CARD
This Card is valid only in India. Keep your Card number and PIN in a safe place. Keep the PIN separate from your Card and do not give or otherwise make available to others your Card or PIN. You should sign on the reverse of the Card immediately upon receipt. Sodexo will NOT entertain any fraud or ZERO LIABILITY claims for Sodexo Meal / Resto Pass Cards.LOST OR STOLEN CARDS / CARD HOTLISTING AND REPLACEMENT
The Card issued to you shall remain the property of Sodexo and shall be surrendered to Sodexo, on request. Once issued, a card can only be cancelled by the Customer and not the Cardholder. Under no circumstances will Sodexo entertain card cancellation and refund requests directly from you. If a Customer requests Sodexo to cancel a particular active card the same will be communicated to you. Once a card is cancelled the Cardholder must destroy the card or return it to SodexoCARD CANCELLATION AND REFUND
The Card issued to you shall remain the property of Sodexo and shall be surrendered to Sodexo, on request. Once issued, a card can only be cancelled by the Customer and not the Cardholder. Under no circumstances will Sodexo entertain card cancellation and refund requests directly from you. If a Customer requests Sodexo to cancel a particular active card the same will be communicated to you. Once a card is cancelled the Cardholder must destroy the card or return it to Sodexo.LIMITATIONS ON OUR LIABILITY
Sodexo is not responsible or liable for any special, indirect, incidental, consequential, punitive or exemplary damages, including, but not limited to, lost profits in connection with this arrangement.MODIFICATION, CANCELLATION AND WAIVER
Except where prohibited by applicable law, we may cancel or modify any terms, conditions, or services related to use of Sodexo Meal / Resto Pass Card including any part of this Agreement without notice to you. We may delay or waive any right at any time but such delay or waiver shall not affect exercise of those rights in the future. You may visit www.sodexobenefits.in for the updated set of Sodexo Meal/Resto Pass Card Terms and Conditions.COMPLIANCE WITH LAW
Sodexo Meal / Resto Pass Card is governed by the Reserve Bank of India (“RBI”) and is subject to directions/instructions issued by the regulator from time to time. Sodexo is not responsible or liable for any violation of applicable laws by the user. All transactions done by using Sodexo Meal / Resto Pass Card are subject to applicable Indian laws. The user shall not use the Card for any unlawful activity. By using this Card, the user(s) hereby declares that his/ her name does not, at any time, appear in the consolidated list of Terrorist Individuals Organizations as circulated by the RBI from time to time.DATA PROTECTION AND PRIVACY
During any Customer Care service call, we may request for information such as your phone number and /or email, date of birth, and postal code that you have provided to Sodexo at the time of registration. We may also obtain personal information
about you, including information (I) provided to us by the Customer, such as your name and/or your address
(ii) provided by you at the time of activation/ KYC submission or during customer service calls
(iii) about purchases made with the Card, such as the date, the amount and the place of purchase.
For purposes of fraud prevention and regulatory compliance, we may also obtain information from providers of identity verification and demographic information data. We will use this information to process Card transactions, provide customer service, enhance usage at Merchants, process claims for lost or stolen Cards and help protect against fraud. We may also use such Information for marketing purposes and to conduct research and analysis. We may provide certain Information to others outside of Sodexo as permitted by any law, such as to government entities or other third parties as required by any law. We may develop marketing programs and send you offers for products and services. We do not share Cardholder Information including Cardholder addresses and mobile numbers with other companies for them to market their own products and services. We may also be required to disclose information to the RBI or such other authority as may be required by the RBI or under any other applicable law, relating to you and/or to yuo and/or to the transactions using the Sodexo Meal Card/Resto Pass Card.
From time to time we may monitor and /or record telephone calls between you and Customer Care Executive to assure the quality of our customer service or as required by applicable law.CARD MERCHANT USAGE
Sodexo Meal / Resto Pass Card is acceptable at select Sodexo Merchant Establishments in India which may display Sodexo Meal / Resto Pass Card logo and which are equipped with a POS terminal for card acceptance. The Card is for electronic use only, and a charge slip will be printed electronically from the POS Terminal. The Cardholder must sign the charge slip whenever the Card is used at a Sodexo Merchants Establishment and should retain a copy. Sodexo at an additional charge may furnish copies of the charge slip. Any charge slip not personally signed by the Cardholder, but which can be proved as being authorised by the Cardholder shall be his liability. The amount of the transaction is debited from the balance available on the Card immediately. The Sodexo Meal / Resto Pass Card is a PIN based card which will mandatorily require the Cardholder to enter the transaction PIN on the POS terminal at the time of every transaction.NO WARRANTIES
We are not responsible or liable to you (i) for any loss or misuse of the Card,
(ii) for any interruption of Card service,
(iii) for the quality, safety, legality, or any other aspect of the food and non-alcoholic beverages purchased from any Merchant with the Card. If a Merchant fails
to honour the Card or provide special offers given to other Bank Cardholders, please notify Customer Care Services at 18605 004949 or write to us at cardsupport. email@example.com (toll share) to report the incident immediately. If you have a complaint with any purchase made with the Card, or a dispute with a Merchant, you must try and directly resolve the same with the Merchant involved to the best of your ability. However, the Cardholder should notify Sodexo of this complaint immediately. We will do a thorough investigation and revert with the findings and our findings shall be final and conclusive.
These Terms and Conditions and the Card, and all questions about their legality, enforceability and interpretation, are governed by Indian laws and shall be subject to the sole and exclusive jurisdiction of Mumbai courts only.YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS
By obtaining the Card or by signing the back of the Card or by using the Card, you agree to be bound by these Terms and Conditions in their entirety and agree to comply with applicable law at all times. The Card must be signed before use. The primary responsibility to ensure compliance with these Terms & Conditions by the Cardholder shall lie with the user of the Card.
The validity of Sodexo Vouchers which had an expiry date of 31st December 2016 stands extended till 31st December 2017 and they will continue to be accepted by Sodexo affiliated merchants till 31st December 2017. Now you can continue to use your Sodexo vouchers for longer at over 19,000 outlets across 1,250 cities all over India.USER:
This Meal Voucher is non-transferable. Valid only for food and non-alcoholic beverages at eating joints or outlets Affiliated to Sodexo. No change or cash can be taken in exchange of this voucher.AFFILIATE:
This voucher can be taken only as a payment for food and non-alcoholic beverages. No change or cash can be given in lieu of this voucher. This Voucher can be reimbursed in accordance with Company's terms and conditions till 315' January 2018. On receipt, mark each voucher with yourAffiliate code stamp and retain the stub on right hand side for record. This voucher remains the property of Sodexo and is not transferable. If a voucher is lost/ stolen, Sodexo will not be liable for replacement or compensation. This voucher is valid only in India. Please refer to our website www.sodexo.co.in for latest list of Affiliates and important terms and conditions in different languages.USER DECLARATION:
I have myself used this voucher for food and non-alcoholic beverages.
The validity of Sodexo Vouchers which had an expiry date of 31st December 2016 stands extended till 31st December 2017 and they will continue to be accepted by Sodexo affiliated merchants till 31st December 2017. Now you can continue to use your Sodexo vouchers for longer at over 19,000 outlets across 1,250 cities all over India.USER:
This Gift Voucher is non-transferable. Valid only for articles, services or products in the outlets affiliated to Sodexo. No change or cash can be taken in exchange of this voucher.AFFILIATE:
This voucher can be taken only as a payment for articles, services or products. No change or cash can be given in lieu of this voucher. On receipt, mark each voucher with your affiliate code stamp.This voucher remains the property of Sodexo and is not transferable. If a voucher is lost/stolen, Sodexo will not be liable for replacement or compensation. This voucher is valid only in India.
Please refer to our website for latest list of affiliates and important terms and conditions in different languages.
1.1 'Client' shall mean an organization which instructs 'Sodexo' to issue Meal/Resto Pass for the exclusive use of its employees/business associates etc .
1.2 'Consumer(s) shall mean an employee/ business associates of the Client who has been issued a valid Meal/Resto Pass by Sodexo.
1.3 "Consumer Data" means all identifiable information about Consumer generated or collected by Merchant, including, but not limited to, Consumers' name, shipping addresses, email addresses, phone numbers, Consumer's preferences and tendencies, and transaction data.
1.4 'Merchant' shall mean any person or entity who has agreed to provide food and non-alcoholic beverages (excluding tobacco) to the Consumer of Sodexo Meal/Resto Pass Card and includes its successors and assigns.
1.5 'Meal/Resto Pass’ or ‘Card[s)' shall mean an electronic Pre-Paid [PIN Based) Card issued by 'Sodexo' that may be used for purchasing food and non-alcoholic beverages from its network of Merchants in India.
1.6 'Mobile Application/ Payment' shall mean a software application that runs on smart phones, tablet computers and other mobile devices for enabling the Consumer to make payment for purchase of food and non-alcoholic beverages (excluding tobacco) from the Merchant through Sodexo Meal/ Resto Pass via Mobile.
1.7 'EDC Terminal' means any one of the following: 1.7.1 an electronic Point Of Sale terminal installed by or on behalf of Sodexo at all the outlets of Merchants that is capable of reading Sodexo Meal/Resto Pass for the purpose of authorizing transactions. 1.7.2 any other existing electronic point of sale set-up or Terminal that is capable of reading Sodexo Meal/Resto Pass for the purpose of authorizing transactions.
1.8 ‘Sodexo' or the 'Issuer' shall mean 'Sodexo SVC India Private Limited' a company established under the Indian Companies Act 1956 and includes its successors and assigns.
1.9 'Valid Meal/ Resto Pass' shall mean Meal/Rest Pass issued by Sodexo; not expired or mutilated or altered and conforms to Issuers guidelines or instructions issued from time to time.
2.1 The Merchant undertakes to accept the Meal/Resto Pass at all its network of Outlets where EDC Terminals are being utilized by the Merchant for accepting payment for food and non-alcoholic beverages (excluding tobacco) that it provides to the Consumer
of Sodexo Meal/Resto Pass.
2.2 The Merchant shall service or deliver to a Consumer, against the available card balance exclusively food or non-alcoholic beverages . Any payment request from a card holder by means of the Meal/Resto Pass gives rise to a systematic authorization request.
2.3 The Merchant needs to understand that the transaction may be rejected when
a. the card is expired
b. the balance on the card is insufficient
c. the card is blocked or
d. the card is unknown to the system or
e. any other reason.
2.4 The Merchant undertakes to
a. honour a valid Meal/Resto Pass Card whenever presented by the Consumer for payment
b. not engage in any practices or procedures that discriminates or discourages the use of a Sodexo Meal/Resto Pass Card; whether in favor of cash or any other card brands
c. not levy any service charges or fees on the Consumer for the acceptance of the Card,
d. not place any minimum limit on the transaction for the use of Valid Card and
e. not to return or pay any amount in cash to the Consumer.
2.5 The Merchant agrees to
a. inspect the card for signs of tampering or alteration
b. return the Meal/Resto Pass and handover a copy of the transaction record/ charge slip to the Consumer
c. retain the copy of the transaction record/charge slip and sales invoices for a minimum period of 90 days and provide the same to Sodexo within 3 business days from the date of Sodexo's request.
2.6 Merchant agrees to accept the payment of Sodexo Meal/Resto Pass through mobile payment or other mode of payment as and when provided by Sodexo. For the purpose of accepting the payment of transaction through Sodexo Meal/Resto Pass via mobile application, the Merchant agrees for the following;
a. To display the collaterals as and when provided by Sodexo at the prominent place in its outlet, to enable the Consumer to make payment through mobile application or any other mode of payment.
b. To register the Mobile numbers of it’s authorised person with Sodexo where the notification will be send on completion of successful transactions.
c. All other terms and conditions of this agreement will be applicable for acceptance of payment through mobile application or any other mode of payment as agreed between the parties.
RESPONSIBILITY FOR THE PRODUCTS
3.1 The Merchant hereby represents and undertakes that the food or non-alcoholic beverages (excluding tobacco) to be served or delivered to the Consumer shall be hygienic and under hygienic conditions. It is distinctly understood that Sodexo bears no responsibility for the food and non-alcoholic beverages sold by the Merchant.
3.2 The Merchant shall be solely responsible with regards to the quality of food and non-alcoholic beverages served or delivered to the Consumer including but not limited to Consumer experience.
3.3 The Merchant shall not make any cash refunds to the Consumer for any reason whatsoever.
3.4 The Merchant is solely responsible for resolving any dispute with a Consumer regarding any matter related to the food and non-alcoholic beverages 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 Sodexo against any losses, damages, claims, suit, proceedings, costs, charges and expenses caused or suffered by Sodexo as a result of quality of the food or non-alcoholic beverages sold or any dispute between the Consumer and Merchant.
OBLIGATION OF MERCHANTS
4.1 The Merchant shall for the duration of this agreement strategically place Sodexo stickers and any other promotional material given by Sodexo for promoting Sodexo Meal/Resto Pass Card at all its outlets. 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 Meal/Resto Pass Card sales transaction and shall indemnify and hold harmless Sodexo, 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 it’s business and shall ensure that the same is complied during the term of this agreement.
4.4 As agreed, the Merchant will not at any time discriminate the Consumer in any manner from anybody using any other mode of payment. Non-acceptance of the Sodexo Meal/Resto Pass and I or charging over and above the value of food and non-alcoholic beverages amounts to a material breach of the Agreement.
4.5 The Merchants installing EDC Terminal at their outlets for acceptance of Sodexo Meal/Resto Pass should abide by the terms and conditions of the Appendix as attached. Merchant will ensure that the EDC Terminal is operational during the term of the contract.
4.6 The Merchant agrees to immediately inform about any change in the information as shared with Sodexo 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.
5.1 Sodexo 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 Sodexo 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 the amount to be reimbursed to the Merchant by Sodexo shall be inclusive of any amount on account of taxes that ought to be collected and I or paid by the Merchant to the Municipal I State I Central government authorities
5.4 Further, neither Sodexo 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.
6.1 Sodexo shall accept all legitimate Meal/Resto Pass transactions that are allowed under this Agreement and tendered by Merchant in accordance with this Agreement.
6.2 The payment will be made by Sodexo 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 and applicable taxes and duties.
6.3 The Merchant accepts that the data provided by Sodexo 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 Sodexo will prevail over those produced by the Merchant.
6.4 In the event the Merchant disputes the amount paid by Sodexo then the same should be informed to Sodexo 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 Sodexo for verification. Sodexo will verify the same and determine if the same is payable. The amount determined by Sodexo to be payable to Merchant shall be conclusive.
RETURNS, CHARGEBACK AND DISPUTES
7.1 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 Sodexo and the Merchant agrees to Sodexo'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 or the Card face is not normal
c. In the event, the Card is swiped more than once for the same transaction.
d. In case where the settlement amount paid by Sodexo is more then what is due to the Merchant or the payment is made by Sodexo erroneously more than once for the same transactions.
e. Transactions which are fraudulent, collusive , illegal or otherwise irregular in an 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 I its liability for any reason whatsoever.
7.2 In the event the Merchant does not agree to the charge back of transaction raised by Sodexo, the same needs to be established through submission of original charge slip or by substantiation of facts via other acceptable documents.
7.3 If Sodexo is entitled to chargeback any transaction or is entitled to payment or reimbursement from the Merchant of any amount under this Agreement, Sodexo may at it‘s discretion, give effect to such chargeback 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.
MARKETING & INTELLECTUAL PROPERTY
8.1 Sodexo shall publish an Merchant directory which contains a list of the outlets of its network Merchant partners. Sodexo shall be entitled to include information relating to the logo/ trademark including products and services offered by the Merchant in the directory. The directory may be made available to the Client or Consumer.
8.2 The Merchant grants to Sodexo a limited and non-exclusive license to utilize Merchant's trademarks, trade name and logo to promote and use Meal/Rest o Pass.
8.3 It is clearly understood and agreed that mention of the Merchant in the Merchant directory, whether in printed or electronic form is not in any way intended to promote the business of the Merchant nor does Sodexo make any representation in respect of the same.
8.4 The Merchant shall not use Sodexo's name/brand name or logo in any literature, advertisement or communication to third party unless consented in writing by Sodexo.
8.5 All the intellectual property of Sodexo including its systems , software's, trade mark and other intangibles will at all point of time remain exclusive property of Sodexo. Sodexo confers no intellectual property right of any type whatsoever to the Merchant under this agreement.
10.1 The Merchant agrees to defend, indemnify and hold Sodexo 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. breach of any provision of this Agreement
b. misrepresentation by the Merchant to Sodexo or the Consumer
c. any failure by Merchant to perform its obligations under this Agreement
d. Any issues arising out of statutory non-compliance in respect of item supplied by Merchant including but not limited to any action taken by statutory, central or state government authorities.
10.2 In no event shall 'Sodexo' 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 food and non-alcoholic beverages purchased by the Consumer (including but not limited to Consumer experience) or with regards to arrangement covered herein .
11.1 Sodexo shall have right to terminate this agreement with immediate effect by a Notice sent by Registered A/D to the Merchant 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.
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 . Upon such termination the Merchant shall hand over to Sodexo all promotion material and EDC Terminal within seven (7) days of such termination.
12.1 The Cards are classified as Payment Instruments as defined under the Issuance and Operation of Pre-Paid Payment Instruments in India (Reserve Bank) Directions, 2009 which is governed by the Payment and Settlement Act , 2007['PSS Act , 2007'1. All relevant Regulations will be binding on the Issuer, Client and the Merchant as applicable from time to time.
12.2 In compliance with RBI directions issued under PSS Act, 2007, the amount received from the Client for value of cards 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.sodexo .co .in.
12.3 Merchant agrees to provide Sodexo 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.
12.4 The Merchant should immediately report all the suspicious transactions as defined under Anti-Money Laundering Guidelines to Sodexo. To access our help line numbers kindly visit our website www .sodexo.co.in
12.5 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.
13.1 “Sodexo" will act as co-ordinating agent between the Consumer and the Merchant and the reimbursement of value of transactions on Sodexo cards by “Sodexo" to the Merchant will constitute a valid discharge of the Consumer's obligation to pay directly to the Merchant.
13.2 Neither Sodexo 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.
13.3 Sodexo 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.
13.4 1f any Dispute arising between the parties is not amicably settled within Thirty (30) days of commencement of attempt s t o 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.
13.5 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.
13.6 In case of any query or need for support the Client can write us on: firstname.lastname@example.org or call: 1800 267 3030/ 1800 103 3030 or visit: www.sodexobenefitsindia.com
13.7 All Correspondence relating to the arrangement covered by this Contract should be addressed to:
Sodexo SVC India Pvt. Ltd.,
503 & 504, B Wing , 5th Floor , Hiranandani Fulcrum ,
Sahar Road, Andheri(E) Mumbai-400 099 .
13.8 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.
1. The EDC Terminal will be provided and installed at the Merchants Outlet by or on behalf of Sodexo or its third party Vendor appointed for the purpose of deployment and management of EDC Terminal.
2. There are different types EDC Terminal viz PSTN, GPRS, MPOS (mobile POS) and the Merchant may choose among them to install the EDC Terminal that may suit their requirement. The commercials may vary based on the type of EDC Terminal selected by the Merchant and the same will be mentioned on the front side of the Merchant Application Form.
3. In case of PSTN, the Merchant agrees to arrange and pay for the installation of telephone lines and data communication cost as may be required to operate the EDC Terminals. However, in the event of MPOS, the Merchant will arrange and pay for the Smart Phone in addition to cost of SIM Card and data communication to operate the EDC Terminal.
4. The ownership of the EDC Terminals will not transfer to the Merchant. In the event of termination of this agreement, the Merchant will return these EDC Terminals to Sodexo or its authorized partners immediately and in good condition.
5. The Merchant is responsible to take reasonable and necessary care of the EDC Terminal. The Merchant will be liable in case of any physical damage or any loss/ theft of the EDC Terminal. Any damage to the EDC Terminal or any of its parts due to its negligence or willful default will be the responsibility of the Merchant.
6. In case of any damage or loss/ theft of the EDC Terminal as mentioned in Point no. 5; the Merchant agrees to pay or permit Sodexo to recover the repair or replacement cost of the EDC Terminal from the monthly reimbursement payable to the Merchant. The cost of recovery for complete loss of EDC Terminal are as under;
- INR 12000 for PSTN Terminal;
- INR 15,000 for GPRS Terminal; and
- INR 4500 for MPOS.
7. In the event, the reimbursement amount is not sufficient to recover the above cost, then the Merchant will issue the cheque in favour of 'Sodexo SVC India Pvt. Ltd' against the debit note raised by Sodexo for the repair and replacement cost of the EDC Terminal.
8. The paper rolls will be provided by Sodexo or its third party Vendor and the same will be refilled periodically.
9. The Merchant will co-operate and extend support to the representative of Sodexo visiting their premises, for installation of EDC Terminal or its periodic maintenance.
10. If the EDC terminal installed at the Merchant outlet becomes non-functional, the Merchant will immediately log the call at the numbers communicated to them at the time of deployment of EDC Terminal