PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS INTERNET BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET BASED PLATFORM.
The domain name www.pinelabs.com, an internet based portal, is owned and operated by Pine Labs Private Limited and/or its Hold Co , subsidiaries, affiliates and authorized service provider (hereinafter referred to as “Pine Labs” or “We” or “Our” or “Us” or “Company”). The domain name is referred to as the “Platform”.
By using Pine Labs Services You agree to the following disclaimers:
The Services would be made available to such natural persons who have agreed to use the Platform. To the full extent permissible by applicable law, Pine Labs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Pine Labs does not warrant that this site, its servers, or email sent from Pine Labs are free of viruses or other harmful components.
By visiting pinelabs.com, you agree that the laws of relevant jurisdiction (“Applicable Laws”), without regard to principles of conflict of laws, will govern the conditions of use and any dispute of any sort that might arise between You and Pine Labs or its affiliates.
The contents on the Platform including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, solely contains content provided by Pine Labs including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (collectively, “Content”). The Content is the property of Pine Labs and is protected under copyright, trademark and other applicable law(s). You shall not modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
For the purposes of availing the Services through the Platform, Pine Labs may collect the following personal information from You:
The Platform uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Pine Labs for the technical administration of the Platform, research and development and for User administration. In the course of optimizing services to You, Pine Labs may allow authorized third parties to place or recognize a unique cookie on the Your browser. Pine Labs does not store personally identifiable information in the cookies. Without prejudice to the foregoing You agree that Pine Labs shall not be held liable or responsible for 'phishing attacks' on You. You may accept or decline the cookies when you access Pine Labs Platform. It is the User’s responsibility to set his/her browser to alert him/her to accept or to reject cookies.
Pine Labs does not make any representation or warranty as to the use of the Services offered on the Platform. At no time shall any right, title, claim or interest in the Services provided through or displayed on the Platform vest with Pine labs nor shall Pine Labs have any obligations or liabilities in respect of any transactions on the Platform.
You agree and acknowledge that pine Labs shall not be responsible for any claim/ liability/ damages that may arise while transacting and/or procuring Services that have been offered on the Platform.
As part of the Services, Pine Labs provides Content on the Platform targeted at general public for informational purposes only and does not constitute professional advice or recommendations of any kind. Pine Labs and/or its affiliates, accept no responsibility for any legal or financial events or outcomes related to the Services availed through the use of the Platform. Pine Labs makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused due to technical glitches or by Pine Labs employees/representatives. Pine Labs is not responsible for transmission errors, corruption of data.
All content included on this Platform, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and products, is the property of Pine Labs or its suppliers and is protected by Indian copyright laws. The compilation of all products on this site is the exclusive property of Pine Labs and protected by Indian copyright laws. All products used on this site are the property of Pine Labs or its suppliers and is protected by Indian copyright laws.
Pine Labs, the Pine Labs logo, and other marks indicated on our Platform are trademarks of Pine Labs or its affiliates. Other Pine Labs graphics, logos, page headers, icons, scripts, and service names are trademarks or trade dress of Pine Labs or its affiliates. Pine Labs' and its affiliates' trademarks and trade dress may not be used in connection with any product or service that is not Pine Labs' or its affiliates' as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Pine Labs or its affiliates. All other trademarks not owned by Pine Labs or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pine Labs or its subsidiary or affiliates.
If you submit material, and unless we indicate otherwise, you grant Pine Labs and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
You grant Pine Labs and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pine Labs or its affiliates for all claims arising from content you supply.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Pine Lab’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Pine Labs, its affiliates or its customers to harm or liability of any nature.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Pine Labs may also monitor such Content to detect and prevent fraudulent activity or violations of Our General Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content. We assume no responsibility or liability for any Content submitted by you or any third Party.
Pine Labs and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our 'Notice and procedure for making claims of copyright infringement' (mentioned below).
Notice and procedure for making claims of copyright infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pine Labs' copyright agent the written information specified on the Platform. Please note that this procedure is exclusively for notifying Pine Labs and its affiliates, that your copyrighted material has been infringed.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify Pine Labs of any actual or suspected unauthorized use of the Users’ account or password.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Pine Labs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pine Labs shall have the right to suspend or terminate such account at its sole discretion.
Each User is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Pine Labs is in no way responsible for any of the taxes except for its own income tax.
The subscription fees for the Services, if any charged by Pine Labs, could be paid online through the facility made on the Platform. Pine Labs is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Pine Labs.
Each User undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
You are also prohibited from:
When You use the Pine Labs Platform, You agree and understand that You are communicating with Pine Labs through electronic records and You consent to receive communications via electronic records from Pine Labs periodically and as and when required. Pine Labs may communicate with You by email or by such other mode of communication, electronic or otherwise. You specifically agree that Pine Labs shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received. Further, Pine Labs will make best efforts to safeguard the confidentiality of Your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Platform, You agree that Pine Labs shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing You agree that Pine Labs shall not be held liable or responsible for 'phishing attacks' on You.
Pine Labs reserves the right to modify or discontinue, temporarily or permanently, the Platform or any features or portions thereof without prior notice. Users agree that Pine Labs will not be liable for any modification, suspension or discontinuance of the Platform or any other part thereof.
All disputes will be subject to arbitration at the respective jurisdictions in English by a sole arbitrator appointed by Pine Labs under the laws prevalent in the respective jurisdictions as mentioned herein below. You agree to submit to the personal jurisdiction of the courts located within the said jurisdiction, for the purpose of litigating all claims that arise between You and Pine Labs.
|India||Arbitration and Conciliation Act, 1996||New Delhi|
|Malaysia||The Arbitration Act, 2005||Malaysia|
|UAE||DIFC LCIA Arbitration Centre Rules||Dubai|
|Singapore||SIAC as per Rules in existence||Singapore|
Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
In addition, You also agree that:
2. You will offer, at all times, all Payment Methods that are enabled on the terminal as a payment option for customers at your outlet;
3. You will be solely responsible for and bear all risk and liability for products sold at your outlet/store;
4. You will display the all payment/brand logos prominently at your outlet/Stores, as provided by us;
5. In the event You stop using the Services or relationship is terminated as agreed terms, You will delete all information about a customer received under this arrangement;
6. In the event any customers or we need deletion of any data received from us concerning a customer or if the customer asks you to do so, You provide an easily accessible mechanism to adhere to this request.
7. You will provide us with any information or allow us to audit documents related to this arrangement, if we request to verify your compliance with this Agreement.
8. You represents that You own all rights in their name, logo and/or trademark and hereby authorize us, either directly or indirectly, to use the same in any promotional, marketing and/or publicity activities / material in any published, broadcast or electronic forum, and in any medium of advertising, publicity or trade. .
9. DISCLAIMER TO BE APPLICABLE: THE SITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION AVAILABLE OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." SOME JURISDICTIONS' LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR QUIET ENJOYMENT.
10. You will not, directly or indirectly: (a) disclose or convey any Transaction Information (except you may disclose this information as necessary for you to perform your respective obligations under this Agreement and to comply with the provisions of applicable laws and provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information); (b) use any Transaction Information for any marketing or promotional purposes whatsoever; (c) contact a Person that has ordered a Merchant Product that has not yet been delivered with the intent to collect any amounts in connection therewith, to influence such Person to make an alternative purchase; (d) disparage us, our Affiliates, or any of their or our respective services or any customer; or (e) target communications of any kind on the basis of the intended recipient being a user of the Payment Partner Site or the Payment Partners Associated Properties.
1. Dynamic Currency Conversion (“DCC”) is selectively offered to Merchant by any applicable Acquiring Bank and not by Pine Labs/Visa/MasterCard.
2. The Merchant will at all times inform and seek consent of cardholder to initiate a DCC transaction.
3. The Merchant will also inform the cardholder on the choice of currencies that is offered and the exchange rate.
4. Merchant indemnifies and shall defend any claim on DCC transaction that maybe initiated by a cardholder.
Please note that to avail service on myPlutus app you need to download this from the Google/ Apple play storeonto your mobile. At the time of registration and/or login, you will be required to provide the following information:
Services provided via this application:
Track your Pine Labs POS application, raise any service requests including paper roll, request for activation of value added services, see your transaction history, view how to product videos etc.
1. Unless otherwise stated, all reports, data, information, numbers, statistics and other content generated using Analytics shall be the property of Pine Labs Pvt Ltd.
2. You agree and understand that Analytics cannot share the finer details or back up proofs used for generating the reports/analysis.
3. You agree not to misuse Analytics and to only use it in a manner consistent with its stated purpose of analyzing and visualizing data. In particular, you will not use Analytics in a way that is unlawful or may infringe on the legitimate rights of others.
4. By using Analytics you agree to keep all data, reports, content generated herein as confidential and not disclose or share the same with any third party for any reason whatsoever.
1. In-Store Marketing: Merchant participation in the Program will receive coverage in the ‘Pay by Points’ related in-store marketing material which will be deployed at merchant stores and such other channels as may be decided by Pine Labs.
2. Term & Termination: The Pay by points program would continue from the date of signing of this letter until Terminated or deactivation of Plutus terminal at merchant location, whichever is earlier. Either Party reserves the right to terminate this Reward Program for any reason by giving two (2) month’s written notice to the other Party. In all events of termination, both parties shall provide each other all the outstanding amounts, if any, and the said payment shall remain the continuing obligation of the parties till all matters connected therewith are settled.
3. Pine Labs Payments: Timely payments to Pine Labs would be pre-condition to ensure continuity in Pay by Points program, settlement of Merchants and for transfer of payments to program Partners. For the monthly Fixed Program Management Fee, Pine Labs will raise the invoice to the merchant at the end of every month with a 30 day credit period.
(Affordability includes EMIs through Credit cards, Debit cards and NBFCs)
1. Merchant understands that Pine Labs services can enable connectivity to various Issuer Banks/NBFCs who may offer Loan/EMI facility. Merchant agrees such EMI offers are at the sole discretion of Issuer Banks/NBFCs. Pine Labs has no role to play in the same. Such Issuer Banks/NBFCs may charge rates of interest from customers as per their prevailing rates of interest which may change from time to time without any prior notice
2. Merchant agrees to follow the guidelines issued by Reserve Bank of India from time to time in relation to EMI Transactions. Merchant agrees that Pine Labs will not be responsible for any loan defaults of credit/debit card/NBFC card customers as it is a direct transaction between Issuer Bank/NBFC and customer.
3. Minimum & Maximum transaction amount on which EMI can be offered is set as per the limit prescribed by the Issuer Bank/NBFC/OEM.
4. The interest rates are subject to change as informed by relevant Issuer Banks/NBFCs.
5. All service taxes / Government taxes, duties, levies and surcharges shall be charged over and above the interest amount. Pine Labs or Card industry stake holders like Issuer Banks/NBFCs and card association (Visa / Master / Amex / Diner / JCB / Rupay) can print any campaigns / promotional details on the customer charge-slip that gets printed on the Plutus Devices.
6. The Merchant agrees not to advertise / market / publicize in any manner, EMI schemes as "zero percent" / "interest free" in letter and spirit.
7. Merchant shall promote goods & services through EMI-Scheme/loan facility on debit cards issued by certain Issuer bank/NBFCs such as SBI, Axis Bank, ICICI, Federal bank, Mahindra Finance, Zest Money, Tata Capital, Money Tap (may be added in our discretion from time to time) and such facilities shall be provided by the Issuer Bank/NBFC to its customers and cardholders via its Merchant Outlets.
8. Issuer Bank/NBFC in discretion approves/disapproves any EMI Scheme or loan facility, as the case maybe.
9. For Debit EMI only, upon approval from the concerned Issuer Bank, Pine Labs shall undertake a validation transaction of Rs. 1/- via acquiring network for the purpose of authentication of the Customer and collect the remaining loan amount from the Issuer Bank and forward the same to the Merchant’s account after deducting the service fees (as mentioned in agreements executed between parties) and applicable taxes.
As it is in all businesses, there are certain categories where no banking facility should be ideally leveraged and as part of the financial industry, Pine Labs also complies with the policy and procedures laid down as per Industry standards. Hence, below category of merchants are restricted from being provided a terminal from Pine Labs. This list will be updated here time to time and will be shared with the Sales leaders.
1. Merchants involved in intangible goods/ unrealistic services (businesses offering treatments that claim to restore beauty/ youth)
2. Where reputational damage can happen to the Acquirer by implication, such as Dance bars, Massage parlours, Escort services, merchant establishments dealing in pornography, Online Adult Membership, Adult Book Stores, Adult Telephone Conversations and other socially unacceptable merchandise / services
3. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
4. Offensive goods which includes literature, products or other materials that: a) Harms reputation of any person or groups of people based on race, ethnicity, national origin, religion, sex, etc. b) Encourage or incite violent acts c) Promote intolerance and/or hatred.
5. Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials
6. Military arms, firearms and ammunitions
7. Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
8. Selling legal highs (including, narcotics or other psychotropic substances)
9. Tobacco, cigar and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
10. Counterfeit and unauthorized goods, which include replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods.
11. Lobby groups
12. Casinos and gambling equipment, including “Junket Operators” that arrange gambling tours; Sweepstakes, Lotteries, raffles and gambling outlets etc.
13. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content
14. Betting, bookmaking, racing - Car/ Animals
15. Live animals or hides/skins/teeth, nails and other parts etc. of animals.
16. Body parts, which includes organs or other body parts – live, cultured/preserved or from cadaver
17. Endangered species, which includes plants, animals or other organisms (including product derivatives) in danger of extinction
18. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property
19. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a recognized and licensed medical practitioner in India or anywhere else.
20. Multi-Level Marketing collection fees or sites using a matrix scheme approach
21. Credit repair companies /debt consolidation firms
22. Money Changers, Remittance Services, Money Transmitter, Check Cashing Business, Currency Exchange
23. Businesses where unscrupulous traders are present (E.g. pawn-brokers, money-lenders etc.)
24. Entities engaged in chit funds / unauthorized financial schemes
25. International merchants not having local presence in India
26. Mining / Oil drilling & refining
Houses of worship (e.g., churches, temples etc. for donations) owned or funded by politically exposed persons, religious organizations or institutions / Charities or Non-profit organizations
27. Merchants operating from mobile offices
28. Merchants engaged in products or services where specific licenses are required to operate by regulatory bodies or local jurisdiction where licenses are not available or are invalid
29. Merchant establishments where the promoter/partner/proprietor/owner’s name appear in the RBI Defaulters/negative list / Bank’s internal negative list or such other list which may be published by the partner bank from time to time
30. Merchants involved in any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India
31. Jewellery merchants
32. Any form of club memberships