Fave Merchants Terms of Service

This Agreement (“Agreement”) is made at New Delhi, by and between:

Pine Labs Private Limited, a company duly incorporated under the Companies Act 1956 having its registered office at 207, Gupta Arcade, L.S.C. Plot No. 5, Mayur Vihar Phase-I Extension, New Delhi-110091 (hereinafter referred to as “Pine Labs”, which expression shall, unless repugnant to the context or meaning thereof, mean and include its successors and permitted assigns) of the First Part;

AND

The Merchant whose details are specified in the Purchase Order (hereinafter referred to as “MERCHANT”, which expression shall mean and include its authorized representatives and permitted assigns) of the Other Part.

“Pine Labs” and “MERCHANT” together and collectively for the purpose of this Agreement shall be referred to as“Parties” and individually as “Party”.

WHEREAS

DEFINITIONS

In this Agreement, except where the context otherwise requires, capitalized words and expressions shall have the meanings set out in that section and the following words and expressions shall have the following meanings:

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

1. TERM

The term of this Agreement shall be valid unless terminated in accordance with the provisions agreed herein.

2. SCOPE OF THE AGREEMENT

TheParties acknowledge that MERCHANT is desirous of rewarding merchant cashback to the Customers using Fave app to pay for the Goods and services sold at the Merchant Outlets. These rewards are in the form of cashbacks, terms for cashback offers will be as agreed between Parties via the Purchase Order.

Pine Labs may from time to time, provide additional offers on transaction made using Fave app (including but not limited to vouchers or cashback or instant discount).

3. OBLIGATIONS OF MERCHANT

It is agreed that MERCHANT’s obligations under this Agreement, shall include but are not be limited to the following:

4. OBLIGATIONS OF PINE LABS

Subject to the terms in this Agreement, Pine Labs agrees to:

5. CONSIDERATION AND PAYMENT TERMS
GST and Invoices
6. SET OFF

PineLabs may at any time with notice set off and apply any or all sums due and payable to Pine Labs by Merchant under this Agreement, or under some other agreement, and/or any or all sums of money held in accounts with Pine Labs under this Agreement or any other agreement, or any security deposit or direct debit mandate (as provided by Merchant) against:

7. CONFIDENTIALITY
8. INDEMNITY AND LIMITATION OF LIABILITY
9. TERMINATION AND CONSEQUENCES OF TERMINATION

Termination

Consequences of expiry or termination

All amounts payable under this Agreement by MERCHANT including but not limited to the Fees and Cashback Collection, shall become due and shall be settled within 5 days from termination. Termination of this Agreement in accordance with its terms shall not affect the accrued rights or liabilities of the Parties at the date of termination and shall have no effect on:

10. DISPUTE RESOLUTION

Both the Parties shall resolve all disputes arising in connection with this Agreement amicably by mutual negotiation. In case no settlement is reached within thirty (30) days of one Party's receipt of a written notice of dispute from the other Party, all disputes arising in connection with this Agreement shall then be referred to institutional online arbitration, in accordance with the Arbitration and Conciliation Act, 1996, with its statutory amendment, modifications, enactments or re-enactments thereto and rules of such institution. The place of arbitration shall be New Delhi and the language to be used in the proceeding shall be English. The Parties agree that the arbitration award shall be binding on them and that the arbitral award shall be the sole and exclusive remedy regarding any claims, counterclaims or issues presented to the arbitrators.

11. REPRESENTATIONS AND WARRANTY DISCLAIMER

Both Parties represents that:

Merchant represents that :

12. MISCELLANEOUS
Terms and Conditions

These terms and conditions apply to the Cashback offered by the Merchant (“Cashback T&C”) via 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”).

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