Common use of Terminal Clause in Contracts

Terminal. 7.2.1. Pluxee declines any liability to the Merchant or to any third party arising out of, or in connection with, (i) any failures, errors or malfunctions (including, but not limited to, where the required settings have not been established by the Merchant) of any Terminal which is not the responsibility of Pluxee; (ii) loss or theft, in particular of data initially in connection with the Terminal or any equipment or software that is not the responsibility of Pluxee; (iii) damage suffered by a Cardholder as a result of withdrawing a Pluxee Card (or a virtual card available in the Pluxee Application). The Merchant bears in full the risk of negligent and wrongful use and is liable for abuses committed by its employees or other persons in accepting the Pluxee Card (or a virtual card available in the Pluxee Application) at its point of sale. 7.2.2. If the Pluxee Card (or the virtual card available in the Pluxee Application) shows signs of falsification or if it is likely that the person presenting the Pluxee Card (or this virtual card) is not the rightful holder of the Pluxee Card (or the Pluxee Application), the Merchant will, without delay, contact the Merchant Department or seize, if possible, the Pluxee Card presented and return it to Pluxee. 7.2.3. The Merchant undertakes to acquire an Authorisation Code for each Transaction via the Terminal. If the Terminal does not function or if the Authorisation Code is not obtained, the Merchant must contact the Terminal provider without delay for the purpose of resolving the problem. The Merchant undertakes to only use the Terminal at the agreed point of sale.