GENERAL TERMS AND CONDITIONS FOR SODEXO Flexi Benefit Pass

THESE DETAILED TERMS & CONDITIONS APPLY TO AND REGULATE THE ISSUANCE AND USAGE OF IDFC FIRST BANK SODEXO FLEXI BENEFIT CO-BRANDED PREPAID CARD MARKETED AND SERVICED BY SODEXO SVC INDIA PVT. LTD. AND ISSUED BY IDFC FIRST BANK. THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) SHALL BE IN ADDITION TO AND NOT IN DEROGATION TO ANY OTHER TERMS AS STIPULATED BY IDFC FIRST BANK AND SODEXO FROM TIME TO TIME.

1. DEFINITIONS

1.1. ‘Client’ shall mean an organization which instructs 'Sodexo' to issue Flexi-Benefits Pass 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 Flexi-Benefits Pass by Sodexo.

1.3. ‘IDFC FIRST Bank’ or ‘Issuer’ shall mean IDFC FIRST Bank Ltd, a Company incorporated and registered under the Companies Act, 1956, having its registered office at KRM Tower, 7th Floor, No. 1, Harrington Road, Chetpet, Chennai - 600 031, Tamil Nadu, India and includes its representatives and assignees.

1.4. ‘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.

1.5. ‘Merchant’ shall mean Sodexo’s Merchant or any participating outlet accepting scheme based cards.

1.6. ‘Mobile App’ is a software application which allows a consumer to view and manage their Flexi-Benefits Pass (Flexi-Benefits Pass) account using their mobile device.

1.7. ‘Flexi-Benefits Pass’ refers to the Sodexo and IDFC FIRST Bank pre-paid instrument issued to the Client by IDFC FIRST Bank in association with its co-branding partner Sodexo (as the program manager) that will be operated on Scheme Based Network for various benefits viz. Gift Pass, Reward Pass, Fuel Pass, Communication Pass, Dress Pass and various other services.

1.8. ‘Scheme’ is the registered Payment Network operated by Rupay, Visa, Mastercard and others.

1.9. ‘Sodexo’ 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.

1.10. ‘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.

1.11. ‘Reimbursement Wallet’ is an account where the reimbursement amount is loaded after successful validation of the bills submitted and permits transfer of the balance to the Bank Account of the Consumer.

1.12. ‘Valid Flexi-Benefits Pass’ shall mean Flexi-Benefits Pass issued by IDFC FIRST Bank Ltd in association with it’s co-branding partner Sodexo; not expired or mutilated or altered and conforms to Issuers guidelines or instructions issued from time to time.

1.13. ‘Wallet(s)’ is a pre-paid account for the services availed in which the money can be stored and used for any future transaction.

Sodexo herein, unless repugnant to the context shall refer to Sodexo SVC India Pvt. Ltd and IDFC FIRST Bank Ltd

2. ORDER PLACEMENT

2.1. The Client shall place an order on the Sodexo Web Ordering System (SWOS) for the employee benefit services that they are willing to avail and issuing/ delivering Flexi- Benefits Pass more particularly listed in Annexure 1. Upon receipt of the order 'Sodexo' 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 Sodexo for the issuance of Flexi- Benefit Pass.

2.4. Sodexo can only issue a single Flexi-Benefits Pass to a Consumer or as otherwise prescribed by the regulatory authority.

2.5. Before the consumer begins using the Flexi-Benefits Pass, Sodexo 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 Sodexo fees & charges as mentioned in Annexure 2. However, there will be charges to be borne by the Consumer that will be deducted from the available balance on the Flexi-Benefits Pass. 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 Sodexo the total amount to be loaded on the Flexi-Benefits Pass 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 through 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; Sodexo 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 Sodexo by the Client, pursuant to this Agreement. .

3.5. Sodexo 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. DELIVERY & ACTIVATION OF FLEXI-BENEFITS PASS

4.1. The Flexi-Benefits Pass delivered by Sodexo 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 Flexi-Benefits Pass by Sodexo. .

4.2. Once the Flexi-Benefits Pass is delivered as per the agreed terms, Sodexo will not be liable if the Flexi-Benefits Pass is destroyed, damaged or stolen regardless of whether it has been used or not. .

4.3. Flexi-Benefits Pass will be delivered in an inactive mode and the same needs to be activated before usage. .

4.4. Flexi-Benefits Pass can be activated either by the Client or the Consumer but the same may vary based on processes defined by Sodexo, subject to availability of the feature at the time of placing the order. The Client will need to specify if the Flexi-Benefits Pass will be activated by the Client or the Consumer. If the Client opts to activate the Flexi-Benefits Pass on behalf of the Consumer, then the same will be at its sole risk and liability for any consequences arising thereon. .

4.5. Flexi-Benefits Pass activation details/ process will be communicated to the Consumer in the welcome letter / email. .

4.6. The Client will inform the Consumer to sign on reverse of the Flexi-Benefits Pass before usage. .

5. SODEXO FLEXI-BENEFITS PASS
5.1. Unless prohibited by law, the Flexi-Benefits Pass once activated, may be used to make purchases until the 'Validity” period mentioned on the Flexi-Benefits Pass or the value of Flexi-Benefits Pass becoming zero. .

5.2. The Flexi-Benefits Pass is non-transferrable and should not be assigned or transferred in any way by the Consumer to any third party. Any Flexi-Benefits Pass assigned, sold or otherwise transferred in violation of this provision may be invalidated or cancelled. .

5.3. The Flexi-Benefits Pass issued by Sodexo does not facilitate balance transfer or cash withdrawal except the amount loaded on the reimbursement wallet of the Consumer can be transferred to their Bank Account. .

5.4. Flexi-Benefits Pass: In case the Flexi-Benefits Pass is misplaced/ stolen, the Consumer can block the Card through Sodexo Web Portal or Mobile App. The lost Flexi-Benefits Pass will be blocked and the available amount less charges and taxes would be issued to the Consumer through a new Flexi-Benefits Pass. Sodexo is not responsible for any loss before the Flexi-Benefits Pass is blocked. .

5.5. The Consumer will need to refer and comply with the consumer terms and conditions available on our website www.sodexobenefitsindia.com.

6. FLEXI-BENEFITS PASS

6.1. The Flexi-Benefits Pass will be loaded as per the instructions received from the Client from time to time. There are two options available for loading the Flexi-Benefits Pass viz;
(a) Allowance : The respective benefit wallet 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 based operator basis the services availed by the Client from Sodexo.

(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-based operator. The Consumer have an option to transfer the money loaded on their reimbursement wallet to their bank account.

6.2. USAGE :

(a) The Consumer can use the Flexi-Benefits Pass either through the Flexi-Benefits Pass or through its e-wallet on their mobile app.

(b) The Flexi-Benefits Pass can be used at the restricted network of scheme based operator as per the services availed and instructions received from the Client.<

6.3. The Consumer can use the mobile app to check their account balance, initiate payment, view transaction history, locate Merchants, change PIN, raise reimbursement claims etc.

6.4. The Merchant will sell to the Consumer, products and services, against the available Flexi-Benefits Pass balance. Any payment request from a Consumer by means of the Flexi-Benefits Pass gives rise to a systemic authorization request.

6.5. The transaction may be rejected when (a) the Flexi-Benefits Pass is reported lost or stolen (b) Sodexo is uncertain whether the transaction is authorized by the Consumer (c) the Flexi-Benefits Pass 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. Sodexo may temporarily “block” the Flexi-Benefits Pass and attempt to contact the Consumer if Sodexo believes that transactions are unusual or appear suspicious.

6.6. Sodexo 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.

6.7. Any dispute regarding the quality of products or services purchased shall be referred directly to the Merchant without any reference to Sodexo.

7. INDEMNITY

7.1. 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 Sodexo bears no responsibility for the products and services sold by the Merchant.

7.2. In no event shall 'Sodexo' or ‘IDFC FIRST Bank’ 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 products or services purchased by the Consumer including consumer experience or with regards to arrangement covered herein.

7.3. Notwithstanding this, the Client shall indemnify Sodexo and IDFC FIRST Bank against any loss, damages or injuries, claims, liabilities actions, suits, proceedings, demands made against “Sodexo” or “IDFC FIRST Bank” by any Consumer for any reason whatsoever arising out of the use of the Flexi-Benefits Pass or arising on any breach of the provisions of this Contract.

8. TERMINATION

8.1. 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).

8.2. Sodexo 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.

8.3. Sodexo 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.

9. DATA PROTECTION AND PRIVACY

9.1. During any Client Service call, Sodexo/ IDFC FIRST Bank may request for information such as your phone number, date of birth, and postal code that you have provided to IDFC FIRST /Sodexo at the time of registration. We may also obtain personal information about you, including information,
(a) provided by the Client/ Consumer, such as your name and/or your address
(b) provided at the time of activation/ KYC submission or during Client service calls, and 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.

9.2 Sodexo/ IDFC FIRST Bank will use this information to process Card transactions, provide Client/ Consumer service, enhance usage at Merchants, process claims for lost or stolen Cards and help protect against fraud. Sodexo/ IDFC FIRST Bank may also use such Information for marketing purposes and to conduct research and analysis. This Information may be provided to others outside of IDFC FIRST /Sodexo as permitted by any law, such as to government entities or other third parties as required by any law.

9.3 Sodexo/ IDFC FIRST Bank may develop marketing programs and send Consumer offer 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.

9.2. Sodexo/ IDFC FIRST Bank may also be required to disclose information to RBI or such other authority as may be required by RBI or under any other applicable law, relating to you and/or to the transactions entered using the IDFC FIRST/Sodexo Premium Pass.

9.3. Telephone Monitoring/Recording: From time to time we may monitor and /or record telephone calls between you and Client Service Executive to assure the quality of our Client service or as required by applicable law.

10. REGULATORY

10.1. The Flexi-Benefits Pass 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 ('PSS Act, 2007'). All relevant Regulations will be binding on the Sodexo, IDFC FIRST Bank, Client, Merchant and the Consumer as applicable from time to time.

10.2. In compliance with RBI directions issued under PSS Act, 2007, the amount received from the Client for value of Flexi-Benefits Pass is deposited in an Escrow Account of the Sodexo, to ensure honouring of payments against Valid Flexi-Benefits Pass transactions to the Merchant.

10.3. The Client 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.

10.4. The Client should immediately report all the suspicious transactions as defined under Anti-Money Laundering Guidelines to Sodexo on client@india.sodexo.com

10.5. 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.

11. MISCELLEANOUS

11.1. Sodexo will act as co-ordinating agent between the Client and the Merchant and the reimbursement of value of transactions on Flexi-Benefits Pass by ‘Sodexo’ to the Merchant will constitute a valid discharge of the Client's obligation to pay directly to the Merchant.

11.2. Neither Party 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.

11.3. The Client agrees that Sodexo at its own discretion can use the Client's name and logo in the Client reference list.

11.4. 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 Sodexo's trademarks and brands shall be used by the Client for any purpose without Sodexo's prior written consent.

11.5. 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.

11.6. 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.

11.7. The Client agrees to immediately inform about any change as shared with Sodexo 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.

11.8 In case of any query you can write to: Consumer@India.Sodexo.com or call: 1800 267 3030/ 1800 103 30301 or visit: www.sodexobenefitsindia.com

   
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Contact us

REGISTERED office:

IDFC FIRST Bank Ltd

KRM Tower, 7th Floor, No. 1,
Harrington Road, Chetpet,
Chennai - 600031, Tamil Nadu,
India

Corporate office:

IDFC FIRST Bank Ltd

Naman Chambers,
C-32, G-Block,
Bandra-Kurla Complex,
Bandra East, Mumbai - 400051,
India

IDFC FIRST Bank Customers

Toll Free No - 1800 419 4332
Email - Banker@idfcfirstbank.com

Capital First Customers

Toll Free No - 1860 500 9900
Email - Customer.Care@Capitalfirst.Com

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