General Terms and Conditions
These Terms and Conditions apply to and regulate the provision of Compass Café Freedom Cards (registered and unregistered) and Compass Meal Card facility provided by Compass Group India Support Services Pvt. Ltd. This document lays down the terms and conditions applicable to Compass Café Freedom Cards and Meal Cards issued Compass Group India Support Services Pvt. Ltd. The use of these cards, website and the content contained therein is governed by these Terms and Conditions. When you use these cards and/or the website you acknowledge that you have read these Terms and Conditions and that you accept and will be bound by the same.
- “CGISS” shall mean Compass Group India Support Services Pvt. Ltd. having its corporate office at #401, 4th Floor, Spaze I-Tech Park, Tower-A, Sohna Road, Sector-49, Gurgaon - 122018 and its successors and permitted assigns.
- “Corporate” shall mean the Organization which has signed the Agreement with CGISS.
- “Café Freedom Cards” and Compass Meal Cards” or "Card" shall mean a pre-paid Card solution provided by CGISS. These includes the cards provided by CGISS and; where provided; the Employee ID cards integrated for the purposes of facilitating the Café Freedom Card or the Compass Meal Card Solution. Where Employee ID Cards based solution are provided, CGISS will only integrate for providing the solution of Compass Café Freedom Card or Compass Meal Card.
- “Café Freedom Cards are those Electronic Meal Cards cards in which employees fill/load/recharge their cards.
- “Compass Meal Cards” are those Electronic Meal Cards cards in which employers fill/load/recharge the cards. Compass Meal cards provide tax benefits to employees to the satisfaction of conditions laid down under Income Tax Act, 1961 read with Rule 3 of Income Tax Rules, 1962.
- The “Cardholder” means an employee of the Corporate who is in possession of the Card, either issued by CGISS or the employee ID card integrated by CGISS to provide the pre-paid card solution
- The term "You” or “Your”, shall, wherever the context so requires, refer to the Cardholder and “We” and “Our” wherever the context so requires refers to CGISS.
- “Cafeteria” means the on premise cafeteria operated by CGISS in which food and beverages services are provided.
2. GENERAL CONDITIONS
- Card shall be issued by CGISS at the request of the Corporate. Also, the Card may be cancelled at the request of the Corporate or at the discretion of CGISS, if the Corporate or Cardholder is unable or unwilling to meet its obligations under the terms of the Agreement signed with CGISS.
- The Cardholder and the Corporate shall be bound jointly & severally by these Terms & Conditions and our policies that may be stipulated by CGISS, from time to time, in this regard.
- The Card is not transferable under any circumstances.
- The Card shall be valid till the validity of the contract with the Corporate for operating the cafeteria by CGISS is valid, or the employees terms of employment with the Corporate is valid.
- Cardholder and Corporate purchasers agree that the issuing of Card is subject to rules and regulations introduced or amended from time to time by any regulatory body that may be applicable.
3. USE OF THE CARD
- The Card is a Electronic Meal Cards Card that can be used only in client closed cafeteria only after activation, for purchasing food and non-alcoholic beverages at CGISS operated on-premise cafeterias and cannot, under any circumstances, be exchanged for cash or be used for purchase of any other goods & services including another Electronic Meal Cards payment instrument.
- The Card is Reloadable and can be reloaded only upon request by the Corporate/cardholder and payment of appropriate amount to be loaded at card.
- The Cardholder’s right to use the Card shall be terminated by CGISS forthwith in the event of:
- Loss or theft of the Card reported by the Cardholder.
- any other instruction from the Corporate to do the same.
- At the discretion of CGISS if the Corporate is unable or unwilling to meet its obligations under the terms of the Agreement signed with CGISS.
- The contract for cafeteria operation between the Corporate and CGISS expires or the employee leaves the employer for any reason.
- The Cardholder shall act in good faith at all times and in accordance with these Terms & Conditions in relation to all dealings with the Card and CGISS.
- The Card cannot be used to make transactions that exceed the available balance. For such a transaction you need to pay the difference by reloading the card with more amounts.
- The Cardholder shall accept full responsibility for any wrongful or fraudulent usage of the Card.
- The card holder is solely liable and responsible for all or any transaction done on third party websites and their links.
- Cardholder give his consent to compass and its service providers for usage of his personal data for the purpose of card related transactions and Card holder indemnifies compass and its service providers for any damages and harms.
- The Cardholder shall indemnify CGISS to make good any loss, damage, interest, or any other financial charge that CGISS may incur and / or suffer, whether directly or indirectly, as a result of the Cardholder committing violations of these Terms and Conditions.
- The Cardholder is responsible for all transactions done using the Card. If you notice any error or misuse relating to the Card, you should notify us at the on premise Recharge Counter/Help Desk of your cafeteria or write to firstname.lastname@example.org. CGISS shall not be responsible for any loss resulting due to any misuse of card prior to getting the same blocked by card holder.
- CGISS reserves the absolute right, discretion and liberty to decline or honor the authorization requests on the Card, without assigning any reason thereof.
- The Cardholder agrees and undertakes that he will not use the Card for payment of any illegal/unlawful purchase/purposes.
- CGISS may, at its sole discretion, utilize the services of external service provider/s or agent/s and on such terms as required or necessary, in relation to its products/services.
- The Card is not a Debit/Credit Card. The Card cannot be used at any ATMs for cash withdrawals or for any other activity at an ATM and CGISS shall not be held liable for any such transactions under any circumstances whatsoever.
- Where applicable, the Card will be debited immediately with an Activation fee as soon your Card is activated.
- The Corporate shall indemnify CGISS against any loss, damage or injuries, liabilities, actions, suits, proceedings, claims or demands made against CGISS by any Cardholder for any reasons whatsoever arising out of the use of the card by the Cardholder.
- The Card will be debited immediately with the amount of any purchase and other transactions effected by the use of the Card. Sometimes the transaction amount and / or activation fee and/or blocking new card issue balance transfer fee amount would be debited from your Card subsequently / at a later date. The Cardholder will ensure that he/she has sufficient balance on the Card to meet any such transactions.
- As and when the facility is provided by CGISS the Cardholder may require to use the card number mentioned on the card to register the Card for online services as provided by CGISS portal, you will be able to perform recharge the cards.
- The Mobile number or email address provided by the Cardholder during registration would be used for sending SMS alerts/OTP, whenever required.
- CGISS reserves the right to alter or modify these Terms at any given time without giving prior notice to you / Corporate. Your use of the Website and / or any Services, product promotion, offers constitutes your unconditional acceptance of these Terms.
- CGISS reserves the right to suspend, add, modify or discontinue any or all Services, product promotion, offer available on the Website at our sole discretion at any time without giving you prior notice. In such an event, you agree and acknowledge that we will not incur any liability in this regard, either to you or to any third party.
- The Cardholder shall not be issued more than one Compass Meal Card by the same Corporate.
- The Card shall be used only by the Cardholder to whom the Card is issued.
- Any request for Card blocking, replacement or balance transfer by the Cardholder will be processed by CGISS. Charges as mentioned in the Schedule of Charges under this agreement will be levied. In case of insufficient funds in the Card, CGISS will not be liable to entertain such requests for Card replacement/balance transfer.
- If the Corporate or the Card holder loses, misplaces or damages any Card, the Corporate or the Cardholder could however request for replacement of the Card/s at a fee, as mentioned in the Schedule of Charges under this Agreement.
- In case of loss of “Employee ID card” being used as a pre-paid instrument, the new card will be issued by the Corporate. Balance transfer in such cased will be done by CGISS for which applicable fees will be charged.
- Any fees charged by CGISS in respect of the Card, including but not limited to Service charges, handling and other fees, are non-refundable. Such charges will be as notified by CGISS, from time to time.
- CGISS reserves the right to vary any of the terms and conditions including charges as prescribed in the Schedule of Charges mentioned hereunder.
- The Cardholder is responsible for checking the transaction details and knowing the available balance on the Card. You can check your balance online by visiting our website www.compass-group.co.in or by visiting your on-site cafeteria held desk.
- For any information/queries about the Card, please connect with your on site help desk during working hours or as per timings laid out in your cafeteria.
- Upon Inquiry, information over your Card usage will be disclosed to your employees, tax or any other regulatory authorities.
- We have an option to update Card Members about their account details via SMS/emails. On accepting these terms & conditions you allow us to send you SMS/emails related to your card information.
- We respect your privacy and understand that some of you may not want to receive such information from us. if you do not wish to be informed about these services through SMS, you may contact our Unit Manager and inform the same. Once you communicate your option to us, we will stop sending you SMS.
- As a Compass Meal card User, it is assumed that the user has provided us with permission to call or send SMS to him / her, whether or not such sender is registered on the National Do Not Call registry.”
4. BREACH & TERMINATION/WITHDRAWAL
In the event of any breach of these Terms & Conditions by the Cardholder:
- Notwithstanding any other provision of these Terms & Conditions, the Cardholder will remain liable to pay CGISS, upon demand, for any loss/claim arising out of, directly or indirectly, from such a breach.
- It is clarified that any such above action/s that may be taken, would be without prejudice to any other legal or equitable rights/remedies available to CGISS.
- The Corporate may at any point of time, by giving 60 days prior notice in writing to CGISS request for termination of provision of Card facility.
- Such notice issued by the Corporate shall mean that you have cut the Card in four (4) pieces and ensuring that the magnetic stripe have been cut. Notwithstanding the termination of the Card as aforesaid, the Cardholder shall continue to remain liable for all the Charges incurred before and subsequent to the termination of the Card. In case of employee – ID card no action needs to be taken by the card holder.
- In the event charges are incurred on the Card, after the Cardholder claims to have destroyed the Card, the Cardholder shall be entirely liable for charges incurred on the Card, whether or not the same is as a result of misuse of the Card.
- CGISS, at its sole discretion, reserves the right to, either temporarily or permanently, withdraw the privileges on the Card and/or cancel the Card at any time without giving any notice or assigning any reason thereof. In case of a temporary withdrawal, the privileges may be reinstated by CGISS at its sole discretion. In case of a permanent withdrawal, CGISS have a right to refuse membership to the Cardholder permanently. However, it is made distinctly clear that withdrawal (temporary or permanent) shall constitute automatic withdrawal of all attendant benefits, privileges and services attached to the Card.
- In the event of such temporary or permanent withdrawal, the Cardholder shall continue to be fully liable for all charges incurred on the Card prior to such withdrawal, together with all other applicable charges thereon, unless otherwise specified by CGISS. The Cardholder agrees to surrender the Card to the Corporate, or its representative, upon being requested to do so. Use of the Card after the notice of withdrawal of its privileges is fraudulent and subjects the Cardholder to legal proceedings.
- The Card shall remain the property of CGISS. If the Card Holder decides to cancel the Card, he/she/ it shall give a written notice of at least 15 days and surrender Card to CGISS. The Card Holder shall also pay dues, if any, payable to CGISS in connection with the Card. Similarly, if CGISS decide to cancel / withdraw the Card, CGISS shall give a prior written notice of 15 days to the Cardholder or the corporate purchaser of the cards.
- No refunds are applicable for any card solution except for the provision stated below. The card holders are responsible for consuming the balance amounts during the notice period.
5. LOST, STOLEN OR MISUSED MEAL CARDS
- If a Card is lost or stolen, the Cardholder must immediately report such loss/theft to CGISS’s on site help desk of the cafeteria concerned. CGISS will, upon adequate verification, suspend the Card and terminate all facilities in relation thereto.
- The Cardholder shall take cognizance of the fact that once a Card is reported lost, damaged or stolen, the Card cannot be used again, even if found subsequently. In such cases, the Cardholder shall promptly cut the Card in 4 pieces.
- The Cardholder is responsible for the security of the Card and shall take all steps towards ensuring that the Card is not misused. In the event that CGISS determines that the Cardholder has failed to take the steps as mentioned above in case of loss / theft / destruction of the Card and the same are questionable, financial liability on the lost, stolen or damaged card would rest with the Cardholder and could even result in cancellation of the Card.
6. EXCLUSION OF LIABILITY
Without prejudice to the foregoing, CGISS shall be under no liability, whatsoever, to the Corporate & Cardholder, in respect of any loss or damage arising, directly or indirectly, out of:
- The malfunction of any computer terminal or due to reasons like power supply getting discontinued/lost, communication/mechanical problem/machine problem/system problems; sometimes POS will not be able to complete the desired transaction.
- Malfunction of the card due to damage to the magnetic stripe card or the circuitry of a proximity/employee ID card.
- The giving of Transaction Instruction by any person other than the Cardholder.
- CGISS exercising its right to demand and procure the surrender of the Card upon expiry of contract or termination of employee by employer for any reasons or the employee leaving the Corporate.
- The exercise by CGISS of its right to terminate usage of any Card.
- Any injury to the credit character and reputation of the Cardholder, alleged to have been caused by the possession of the Card and/or, any request for its.
- Any mis-statement, mis-representation, error or omission in any details disclosed to CGISS.
- Any discrepancy between the amount/s loaded to a Card upon receipt of instructions in this regard from the Corporate and the amounts agreed upon between the Cardholder and the Corporate.
- Any charge slip, or other payment requisition, received by CGISS for payment shall be conclusive proof that the charge recorded on such a charge slip or other requisition, was properly incurred by the Cardholder, unless the Card is lost, stolen or fraudulently misused, the burden of proof for which, shall be on the Cardholder.
- Upon usage of the Card at the designated cafeteria, it shall be the Cardholders responsibility to collect the bill/charge slip/s upon making payment using the Card.
- These terms and conditions are governed by the laws of India. In case of any dispute between the parties on the interpretation or implementation of this agreement, the appropriate Court in Delhi/NCR Region shall have exclusive jurisdiction.
- The Cardholder acknowledges that the information on usage of the Card could be exchanged with Corporates or any other regulatory authorities as per the laws of the land.
- CGISS shall not be obliged to disclose to the Cardholder the name of the authorities to which it disclosed the information.
- The Cardholder agrees to adhere to and comply with all such Terms & Conditions as CGISS may prescribe, from time to time, for facilities / services availed of by the Cardholder and, hereby agrees and confirms that all such transactions effected by or through facilities for conducting remote transactions including the World Wide Web, electronic data interchange or by means of electronic, computer, automated machines, network or through other means of telecommunication, established by or on behalf of CGISS, for and in respect of such facilities / services offered, shall constitute legally binding and valid transactions when done in adherence to and in compliance with the Terms & Conditions prescribed by CGISS for such facilities/services, as may be prescribed from time to time.
- The Cardholder shall, prior to availing the Card Services from CGISS, obtain appropriate advice and shall familiarize himself with the associated risks and all the terms and conditions pertaining to the service.
- The Cardholder shall further verify all facts and statutory provisions and seek appropriate professional advice including the relevant tax implications.
- The Cardholder accepts and acknowledges that CGISS is absolved of any liability to any person, in respect of anything done or omitted to be done by the Cardholder in any manner what so ever, with regards to the cards issued/handled by CGISS.
- The Cardholder shall indemnify CGISS to make good any loss, damage, interest, or any other financial charge that CGISS may incur and/or suffer, whether directly or indirectly, as a result of the Cardholder committing violations of these Terms and Conditions.
- CGISS shall have the absolute discretion to amend or supplement any of the Terms, features and benefits offered on the Card including changes to fees / charges applicable for such Card. CGISS shall notify/communicate the amended Terms by hosting the same on the Website or in any other manner as decided by CGISS. The Cardholder shall be responsible for regularly reviewing the Terms including amendments thereto and shall be deemed to have accepted the amended Terms by continuing the use of the Card.
- The Cardholder irrevocably authorizes CGISS to disclose, as and when CGISS is required to do so in order to comply with the applicable laws or when CGISS regards such disclosure as necessary or expedient with respect to the Cards to:
- the head office, or any other branches or subsidiaries of CGISS
b) their auditors, professional advisers and any other person(s) under a duty of confidentiality to CGISS;
- any statutory, judicial, quasi-judicial authority and/or local body as and when directed/required; vendors, installers, maintainers or servicers of CGISS’s computer systems;
- any exchange, market, or other authority or regulatory body having jurisdiction over CGISS, its head office or any other branch of CGISS or over any transactions effected by the Cardholder;
- any party entitled to make such demand or request;
- any person with whom CGISS contracts or proposes to contract with regard to the sale or transfer or sharing of any of its rights, obligations or risks under the Terms;
- any person employed with, or engaged as an agent by, CGISS or its head office, including any relationship officers for the purposes of or in connection with interactions with the Cardholder or providing services/facilities to the Cardholder or processing transactions pertaining to the Card; and
- to enable CGISS to centralize or outsource its data processing and other administrative operations to CGISS’s head office, or third parties engaged by CGISS for any such services/operations
9 . RIGHT OF LIEN/SET OFF
The Cardholder grants and confirms the existence of the right of lien and set-off with CGISS, which CGISS may at any time without prejudice to any of its specific rights under any other agreements with the Cardholder, at its sole discretion and without notice to the Cardholder utilize to appropriate any moneys / shares / securities / assets / properties belonging to the Cardholder and lying / deposited with CGISS or due by CGISS to the Cardholder, towards any of the dues and outstandings payable by the Cardholder to CGISS including any charges/fees/dues payable under these Terms.
10. FORCE MAJEURE
Cardholder agrees and confirms that CGISS shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of CGISS to perform any of its obligations under these Terms if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues.
"Force Majeure Event" means any event due to any cause beyond the reasonable control of the CGISS, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage devices, technology failure, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
11. GOVERNING LAW
The Cardholder agrees and confirms that all claims, matters and disputes are subject to the jurisdiction of the competent courts in Delhi NCR and irrevocably submit themselves to the jurisdiction of that court or tribunal. These Terms shall be governed by the laws of the Republic of India. CGISS may, however, in its absolute discretion, commence any legal action or proceedings arising out of the Terms in any other court, tribunal or other appropriate forum, and the Cardholder hereby consents to that jurisdiction. Any provision of the Terms that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction.
The Cardholder hereby agrees to abide by the Terms on signing of Application Form and the Cardholder shall be deemed to have unconditionally agreed to and accepted the Terms by performing a transaction with the Card or acknowledging receipt of the Card in writing or by signing on the reverse of the Electronic Meal Cards.
12. CHANGE IN TERMS & CONDITIONS
- CGISS reserves the right to change, at any time, these Terms & Conditions, features and benefits offered on the Card including, without limitation to, changes which affect existing balances, charges and methods of calculation.
- The Cardholder shall be liable for all charges incurred and all other obligations under these revised Terms. CGISS may communicate the amended Terms and Conditions by hosting the same on its website, www.compass-group.co.in or any other website or in any other manner as decided by CGISS.
- The Cardholder shall be responsible for regularly reviewing these Terms and Conditions including amendments there to and shall be deemed to have accepted the amended Terms and Conditions by continuing to use the Card.
- Any change in the Terms and Conditions (other than charges) shall be communicated to the Cardholder/Corporate, in the manner as aforesaid, one week prior to the date of their implementation.
13. PRIVACY STATEMENT
- CGISS are committed to protecting your privacy. Only authorized employees of CGISS and our service partners shall have access to details.
- Our systems and data are continuously updated to ensure the best possible service to our customers.
- Certain information concerning the Cardholder may be shared with third parties, as in address details for dispatching an order.
- Details are further shared if legally required to do so to the appropriate authorities.
15. PARTIAL VALIDITY
If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected by such determination, shall be binding upon the parties and shall be fully enforceable.
16. NO WAIVER
No failure on the part of CGISS hereto to exercise, and no delay on their part in exercising, any right or remedy under this Agreement will operate as a waiver thereof nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy, and the same shall not affect in any manner the effectiveness of any of the provisions of this Agreement.
17. SCHEDULE OF CHARGES
- For cards issued by CGISS:
- Reactivation due to Card Replacement and Balance transfer - Rs. 50 per Card.
- Card Activation Fee - Rs. 25 per Card
- For cards issued by Corporate:
- Card Replacement and Balance transfer - Rs. 25 per Card.
- Card Activation Fee - Rs. 10 per Card
- The above charges are inclusive of all taxes. All taxes as applicable will be levied.
- CGISS’s record of the amount of any charge shall, be final and binding on the Cardholder, and shall be conclusive in any case where CGISS has effected any payment which constitutes a charge.
- All fees/taxes/surcharges/service charges if any and all other levies related to the Card shall be borne and paid by the Cardholder and would be debited from the Card, as may be levied from time to time by the Government or other authority in respect of or in connection with the Card, will be borne by the Cardholder and shall be recovered by CGISS.
- The Cardholder shall become liable to pay as soon as a charge has been incurred by use of the Card. These charges are subject to change at the sole discretion of CGISS.
- In case of recharge of Cards by a cardholder using his debit card/credit card an amount of 2% shall be deducted from his load value at the time of loading his card.
- In case of recharge of Cards by a cardholder using net a service charge will be applicable equivalent to an amount of 2% shall be deducted from his load value at the time of loading his card.