Existing Merchant Agreement
These terms and conditions (T&Cs) apply to the Fave App and forms an integral part of the Merchant Agreement (“Agreement”) entered into between Pine Labs Pvt. Ltd. (“Pine Labs”) and the Merchant whose particulars are set out in the Purchase Order (“Merchant”).
1. Cashback T&Cs
- Fave App is a cashless payment mechanism developed by Pine Labs Pvt. Ltd that allows the customers making purchases at the Merchant Outlets to make cashless payments at the Merchant’s Outlets via a QR code (“Customer”). Fave App also provides a value-added service of Cashback in the form of virtual points, subject to the terms and conditions mentioned hereunder (“Cashback”).
- The Merchant has approached Pine Labs to enable Fave App and the Cashback value added service at the Merchant outlets.
- By continuing to use Fave App and the value-added feature of Cashback the Merchant provides its consent to the Cashback T&Cs.
- The Cashback T&C shall be effective from the date on which the Merchant receives a written notification from Pine Labs informing the effective date.
- Cashback will be issued to eligible customers paying using Fave App for each specific Merchant at the rate as set out in the Purchase Order.
- The Cashback will be credited in the form of virtual points into the Customers Fave App account which will be redeemable as instant discount against the subsequent purchase by the Customer at the Merchant outlet using Fave App.
- Cashback can only be used at the same Merchant’s outlet(s).
- Cashback is not transferable from one Merchant to another.
- Cashback is not exchangeable for cash at any of the Merchant’s Outlet(s) nor at Pine Labs.
- The Cashback will be valid for a period as specified in Purchase Order from the transaction date and will be cancelled from Customer’s Fave App account upon expiry.
- Pine Labs will charge a service fee (as specified in Purchase Order) for processing Cashback. Service Fees will be deducted from the daily payment to be made to the Merchant.
- Unutilised expired Cashback is not exchangeable for cash. For the avoidance of doubt, cashback has monetary value only when it is applied as a discount on subsequent purchase. Therefore, the Merchant will not have, or be entitled to claim from Pine Labs, any rights and/or interests in respect of unutilised expired cashback.
- The Merchant is solely responsible for providing the goods & services purchased by the Customer at the Merchant outlet, including but not limited to, delivery, customer service, after-sales-service and return management. The Merchant shall indemnify and hold Pine Labs free from any possible claims from third party or Customer regarding the Cashback or due to breach of these terms & conditions, including, but not limited to, claims of personal injury, fraud, death or property damage.
2. Payment T&Cs
- Pine Labs shall be entitled to payment of fee and to collection of cashback amount as per terms set out in the Purchase Order (“Fees”)/(“Cashback Collection”).
- Pine Labs has the below payment options available for the Merchant to make payment of the Fees & Cashback Collection. The option applicable to a Merchant will be as agreed via the Purchase Order:
- Deduct from Payout – In the event a Merchant has enabled Pine Labs QR as an Approved QR Code at the Merchant Outlet to receive payments from Customers, Merchant agrees and allows Pine Labs to deduct from the payment obtained under PL QR the Fees, Cashback Collection, any other charges/taxes payable for the Services provided by Pine Labs under this Agreement and thereafter remit the balance to the Merchant. The Merchant agrees to comply with the terms applicable for aggregator settlement as provided by Pine Labs.
- Direct Debit – Fees and Cashback Collection will be debited via the Direct Debit Mandate provided by the Merchant in favour of Pine Labs.
- NEFT transfer – Merchant will transfer the Fees and Cashback Collection amount into the Pine Labs bank account as detailed in the Purchase Order.
- Any payment made by Pine Labs to the Merchant shall be without prejudice to any claims or rights which Pine Labs may have against the Merchant.
- Merchant also acknowledges and agrees that:
- from time to time, Pine Labs will be running certain bonus and incentive programs for Merchant’s in-store employees and staff under which bonus/incentive amounts will be transferred directly to Merchant’s staff members, as per terms of such programs;
- it shall have no objection to such programs; and
- it shall ensure that its employees and staff members utilize such transferred amount only for the purposes allowed under applicable laws.
- These T&Cs may be updated by Pine Labs from time to time.
- The laws of India govern these T&Cs. All disputes shall be settled within the jurisdiction of New Delhi only.