INTRODUCTION
Welcome to the Pluxee Shop website!
Pluxee Shop, the official e-commerce platform of Pluxee digital gift vouchers, is owned and operated by Pluxee Philippines Incorporated (“Pluxee”, or “We” or “Us” or “Our”), with the official address at 11th Floor B.A Lepanto Building, 8747 Paseo De Roxas, Makati City, Philippines.
You can contact us via e-mail at inquiry.shop@notifications.pluxee.ph
You confirm that by accessing this website, you are bound by the terms and conditions set forth below. Pluxee reserves the right to change, modify, add, or remove portions of these terms and conditions at any time without notification of such changes to its users. Your continued use of our site following any modifications will be deemed to constitute acceptance of such modifications.
USE OF WEBSITE
You will be required to register upon availing of the services and Product (i.e. Pluxee Gift, SM Gift Pass Choice) offered by the Pluxee Shop website. In doing so, you agree to provide accurate and current personal information, and to promptly update this should there be changes. The details you provide are necessary in order for us to fulfill the processing and delivery of your order. Pluxee Shop will also use your information to send you updates on promos and other marketing offers.
Every user of the Pluxee Shop website is responsible for keeping his/her passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such account.
ORDER PROCESSING AND DELIVERY
1. Pluxee shall only commence to process your order/s provided you have agreed to these Terms and Conditions.
2. All orders will be made available from Pluxee’s receipt of the relevant documentary requirements and proof of payment. For digital vouchers, confirmed and paid orders will be sent to you and/or your intended recipients within 3 working days.
3. Pluxee shall evaluate each order and may at its own discretion, accept or reject the same.
4. In case the Product/s delivered to you do not conform to the specifications as indicated in the order details, you should report the same to Pluxee within 24 hours from receipt of said Product/s. Failure to report the foregoing within the given period shall be deemed unconditional acceptance of the Products delivered and shall relieve Pluxee of any liability in respect thereof.
ISSUANCE OF RECEIPT/S
An acknowledgment receipt (AR) and an official receipt (OR) shall be issued for all valid purchases from Pluxee Shop. For orders placed by an individual, the AR/OR shall bear the name of the buyer. For orders placed on behalf of a business enterprise, the AR/OR shall bear the name of the company, provided that the buyer has submitted the required company information (company name, TIN., etc.) and employment authorization document/s for verification.
CANCELLATION BY CLIENT
Should you wish to cancel your order/s, you may reach out to Pluxee via e-mail at support@care.pluxee.ph or contact (02) 86894754 or (02) 86894700 during office hours, Mondays to Fridays, from 9:00 AM to 6:00 PM Philippine Standard Time. No cancellation fees apply provided the order/s have not been processed yet by Pluxee.
However, once an order has been processed, it will be considered final and cannot be cancelled.
PRICE, TAX AND PAYMENT
1. The price for the ordered Product/s and other related charges shall be as stated in your Shopping Cart which is based on Pluxee Shop’s standard pricing.
2. You shall pay the total amount due on any order via the Pluxee Shop website.
USAGE
1. Product/s ordered through Pluxee Shop may be used in (a) establishments or merchants where the official Pluxee Product/s’ sticker or QR countertop is affixed; (b) Pluxee accredited establishments and merchants shown in the Pluxee website, and; (c) official social media accounts.
2. Subject to item 1 above, the Product/s may be used with other modes of payment accepted by the merchants.
3. Pluxee-accredited or affiliated establishments or merchants are required to perform security and authenticity verification of the Product/s. In case any such establishment or merchant rejects (a) Product/s due to inauthenticity or other defect; you may bring this matter to Pluxee within three (3) working days from rejection by the establishment or merchant for further verification. The determination of Pluxee on the acceptability or authenticity of the Product/s shall be final and conclusive.
4. The user of the Product/s shall comply with the terms and conditions set forth herein.
5. Other than for personal use, you may also use the Product/s as a gift, reward, incentive, and/or part of your loyalty program for your employees, clients, and/or other intended recipients.
6. Client acknowledges full understanding and acceptance of the terms and conditions of the Product/s’ mobile application and how it may affect their supposed usage/utility.
7. Subject to the conditions set forth in item 5 above, you acknowledge that you are fully responsible to cause your beneficiaries (intended recipients) to download the Product/s applicable mobile application and ensure your beneficiaries’ agreement to the terms and conditions of the same.
PRODUCT/S HANDLING
Pluxee shall not be liable to replace/refund any Product/s that is lost/damaged/misused due to no fault of Pluxee. Further, Pluxee shall likewise not be held liable for merchant non-acceptance of the Product/s due to such damage/defects inflicted to the Product/s, due to no fault of Pluxee.
DATA PRIVACY AND CONFIDENTIALITY
1. Both you and Pluxee undertake to observe, and to cause their officers, employees, agents, and related parties to observe, the strictest business secrecy with respect to all information communicated by the either party that has come to their knowledge on the occasion of the performance of the services and responsibilities of either party as mentioned in this T&C. Documents, information, whether personal information or sensitive personal information, transmitted by you, as well as files drawn up by the system of the Product/s on the basis of those documents and information, shall be covered by business secrecy.
2. In case of services needing your beneficiaries’ information, you warrant that you have obtained the beneficiaries’ consent/s to use, transmit, and/or communicate all relevant documents and/or the information contained therein, to Pluxee under this Agreement. In this regard, you ensure that the Beneficiaries about whom personal information or sensitive personal information is shared have been adequately informed that (i) Pluxee and its officers, employees, agents, and related parties shall have access to such personal information or sensitive personal information about them, and (ii) the personal information or sensitive personal information may be used by Pluxee and its officers, employees, agents and its related parties in connection with its issuance and distribution of the Product/s to such beneficiaries.
3. You hereby authorize Pluxee to process, for and on your behalf, the said documents and information and confirm that the controls that shall be implemented by Pluxee to protect the same are compliant with the requirements of the Data Privacy Act of 2012 and all implementing rules and regulations issued pursuant thereto (the “Data Privacy Act”). You and Pluxee shall each comply with all provisions of the laws applicable to the protection of documents and information involved under this Agreement. Both you and Pluxee agree to cooperate to ensure that the protection of the documents and information involved under this Agreement meets all applicable legal and regulatory requirements on the protection of such data.
4. Pluxee shall have the right to disclose the documents and information to its officers, employees, agents, related parties other third parties acting for or on its behalf, as is necessary for Pluxee to perform its obligations under this Agreement. Pluxee shall take appropriate measures to ensure that such officers, employees, agents, related parties, and other third parties shall comply with the Data Privacy Act and other applicable laws. You also authorize Pluxee to disclose the documents and information as may be required under any applicable law, rule, regulation, or order of a court or government agency acting within its jurisdiction, provided that Pluxee shall promptly notify you of such requirement prior to disclosure so that you may seek an appropriate remedy and/or waive compliance with the terms of this Agreement.
5. In the case of services performed using the internet, Pluxee may on no account be held liable for the actions of end users of the internet services, such as data recovery, copying, usage, processing, and the like.
INTELLECTUAL PROPERTY
Ownership of the Pluxee Shop platform and its relevant technology shall remain with Pluxee. You acknowledge and agree that the rights to the information in the Product/s and its relevant technology, any patents, trade secrets, or other intellectual property rights in, or arising from the use of the platform and its relevant technology are owned and shall be owned by Pluxee Philippines Incorporated.
FORCE MAJEURE
1. Cases of force majeure or accidental circumstances, whether of a general nature (war, strikes inside or outside of Pluxee, social unrest, terrorist attacks, public disasters, fires) or more specifically such circumstances as to prevent the discharge of the contractual obligations (interruption of telecommunications, cessation, or suspension by an operator of its services for whatever reason, or any other circumstances beyond the Parties’ express control), shall suspend the obligations of the party concerned after the latter has given notice by registered letter with recorded delivery, without compensation being due by either Party.
2. In all cases, execution of the services shall resume as soon as the causes of suspension of the obligations have ceased to exist.
3. Where cases of force majeure or accidental circumstances persist for longer than two (2) months, or if it emerges in the course of those two (2) months that no remedy is possible, execution of the services shall cease definitively, without any compensation being due by either party.
4. In all cases, you shall remain under an obligation to pay for the work that has been done.
GOVERNING LAW AND JURISDICTION
1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of laws rules, and principles.
2. In the event of any dispute, the relevant parties agree to exert reasonable commercial efforts to amicably resolve or reconcile the Dispute within thirty (30) calendar days from the date that the other party received a written notice from the other party of such dispute. If the parties fail to resolve the dispute within the said period, a party shall have recourse to the proper courts of Makati City, to the exclusion of all other courts of equal and competent jurisdiction.
LIMITATION OF LIABILITY
1. Pluxee shall not under any circumstance be liable to you (the client/customer), or any other person for any special, indirect, incidental, punitive, or consequential damages, losses, costs, or expenses (Including, but without limitation, to loss of profits, loss of opportunity, loss of goodwill or impairment of reputation) even if Pluxee (or any Pluxee related party) has been advised of the possibility of the same.
2. You shall hold Pluxee (including the Pluxee Related Parties) free and harmless from any claim, demand, suit, cause of action, or liability in respect of any fault or negligence of a Pluxee-accredited or affiliated establishment or merchant in relation to any transaction where the Product/s was/were used, accepted, or rejected.
3. You hereby acknowledge that Pluxee has no obligation to investigate such illegal or fraudulent use of the Product/s by you or your beneficiaries.
MISCELLANEOUS
These Terms and Conditions and/or the provisions of the relevant order shall govern the transactions in relation to the Product/s and those contemplated herein. In case of any irreconcilable conflict between these Terms and Conditions and the provisions of the order, these Terms and Conditions shall govern.
