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Terms and Conditions (Japan)

The Everyday (formerly known as Twelve Pay) app (the "Application") is powered by Dynamify Limited, a company registered in England and Wales under number 09575041 with its registered office at 20-22 Wenlock Road, London, N1 7GU ("Dynamify", "we", "our", and "us"). The Application is operated by Globeship Sodexo Corporate Services K.K. (the "Operator") as detailed in the Commercial Transaction Information.

These terms and conditions (the "Terms") (together with the documents referred to in it) tell you the terms on which you may install and/or use the Everyday (formerly known as Twelve Pay) app (the "Application"). Use of the Application includes accessing, browsing, or registering to use the Application.

Please read these Terms carefully before you start to use the Application, as these will apply to your use of the Application. During the process of registering an account on the Application, you have the option of reading these Terms before accepting and consenting to the practices described in this policy. If you do not agree to these Terms, then you should not register an account on the Application.

Introduction

These Terms constitute the agreement between you and us for the use of the Application and the contents and services available through them.

Our Privacy and Cookies Policy, will also apply to your use of the Application. This policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Application, you consent to such processing and you warrant that all data provided by you is accurate.

We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on this page and, where appropriate, notified to you by email. Please review this page frequently to see any updates or changes to these Terms.

If we do not exercise or enforce any legal right or remedy which may be available to us, this will not be taken to be a formal waiver of our rights.

If any part of these Terms shall be unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

If we are acquired by, or merge with, a third party, we may transfer any or all of our rights and obligations under these Terms to that third party or the newly merged entity. The Operator will ensure your personal data is safeguarded in the event of a merger or acquisition.

All legal notices in relation to the Application or these Terms should be given in writing and addressed to support@dynamify.com

The Application

We may update the Application from time to time, and may change the content at any time. However, please note that any of the content on the Application may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that the Application, or any content on it, will be free from errors or omissions.

Accessing the Application

The Application is made available free of charge, unless the Operator decides otherwise.

You acknowledge that access to the Application is dependent on you being able to receive data via Wi-Fi or 3G, 4G or any other suitable connection. You are responsible for making all necessary payments including in respect of internet and network connections. We are not responsible for the availability of the internet, or any errors in or damage to connections, equipment, or software that may occur in relation to your use of the Application. Additionally, we are not responsible for any damage caused to food or drink orders that are a direct result of internet connectivity problems.

We provide the Application on an "as is" and "as available" basis with all faults. We do not guarantee that the Application, or any content on them, will always be available or be uninterrupted. Access to the Application is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Application without notice. You agree that your use of the Application is at your own risk. We will not be liable to you if for any reason the Application is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Application. You are also responsible for ensuring that all persons who access the Application through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

To the maximum extent permitted by law, we disclaim any and all implied conditions and warranties that the Application and the services available through them are of satisfactory quality, accurate, fit for a particular purpose, or non-infringing.

Services

Dynamify provides the Operator with the facility to allow customers to process online orders and payments. Our obligation lies only in the provision of that online facility and we are in no way responsible or liable for the delivery or the quality of the Operator's services, including the food and drink items ordered through the Application. Any complaints, questions or feedback regarding the quality of food, customer service or any other service the Operator is responsible for should be directed to them and not Dynamify. Please contact twelve-support@gss-cs.co.jp for all such enquiries or contact us through the LIVE CHAT function in the app.

Your Account and Password

We permit access to certain parts of the Application only to users who have registered with us. In order to access the services we offer, you must register with us; this may require the submission of an email address and password, amongst other things. Registration may also be possible using your Facebook login, which will provide us with access to the requisite details. If you register with us, you must provide true and accurate information about yourself. Should the registration information provided prove false or misleading, we may suspend or terminate your account.

You are responsible for maintaining the confidentiality of your account details, including any user identification codes, passwords or any other piece of information that forms part of our security procedures, and you must not disclose these to any third party. We advise you regularly change your password.

You are responsible for all activity under your account even if someone else uses your account. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.

You acknowledge that we may, at any time and at our sole discretion, request that you re-register with the Application.

In the event that your mobile device is lost or stolen you agree that it is your responsibility to notify us at support@dynamify.com as soon as reasonably possible following such loss or theft.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@dynamify.com, and make reasonable efforts to change your password immediately.

You acknowledge and agree that we will share your contact details with the Operator so that they can manage your account and contact you directly in English or Japanese in case you need them to resolve any issues that you encounter when using the Application.

Making Payments with the Application

In order to pay a bill using the Application, you will need to enter your debit or credit card information. You acknowledge that payment processing services are provided by a third party provider, including but not limited to, Stripe (the "Payments Processor").

You warrant that you have appropriate authority to use the payment card details which you input. By inputting your debit or credit card information, you agree to use of that information by the Payments Processor for the purpose of paying your bill and processing your payment.

Your card details will be stored securely by the Payments Processor. We do not store your payment card details on our systems, although we retain some of the digits. This enables you to identify your appropriate payment card on subsequent occasions and on your payment receipt. You may add and remove payment cards from the Application at any time.

You acknowledge and agree that we may pre-authorise your payment card when you initially upload the card and when an attempted order is made.

You acknowledge and agree that, while the contract for the provision of food, drink and other goods and services is between you and the relevant outlet of the Operator, the Venue has authorised us to collect payment on its behalf. In the event of any claim or dispute between you and a Venue, while we shall have no liability to you in respect of any such claim or dispute, you may contact us and we shall use our reasonable endeavours to assist in resolving the claim or dispute with the Venue.

Following payment of a bill using the Application, we shall email you a copy of your receipt. You acknowledge that charges incurred through the Application will show as "Everyday" (formerly known as Twelve Pay) or the name of the Operator or relevant Venue you are paying at on your payment card statement.

In the event that your payment card is lost or stolen you agree that it is your responsibility to contact the applicable card company in order to cancel your payment card as soon as reasonably possible following such loss or theft.

When you purchase items (products and/or services) using the "Scan & Go", "Click & Collect" and "Hospitality" functions in the Application, the card payment will be processed immediately by our Payment Processor. Delivery of those items will then depend on the function you select. For example, items purchased through the "Scan & Go" function will be available immediately. The timing of deliveries from "Click & Collect" and "Hospitality" orders will depend on the Venue you choose to purchase from. Some Venues will deliver the same day, others the next working day - in all cases you will decide the delivery time and date from available options presented in the Application before deciding whether to proceed with a payment.

Intellectual Property Rights and Use of the Application

We grant you a non-exclusive, non-transferable licence to install and use a copy of the Application on your mobile device for the purposes of the services offered by the Application only, which include but are not limited to, ordering food and drinks, making payments for orders, earning loyalty points, store discovery, receiving promotions, amongst others.

We are the owner or the licensee of all intellectual property rights in the Application, and in the material published on it. Those works are protected by copyright, trademarks, database right and other intellectual property rights. All such rights are reserved.

You may not without our prior written consent (except to the extent required in order to use the Application in accordance with these Terms) copy, sell, reproduce, publish, modify, or distribute any of the content published, displayer or performed on the Application or systematically extract such content or in any way use or exploit commercial any such content.

Application Credits

We may, at our discretion and the discretion of the Operator, offer credits through the Application for friend referrals, loyalty schemes or promotions, but we are by no means obliged to.

Referrals should only be used by you for personal (family and friends) purposes and may not be traded or used for commercial purposes.

Credits may be redeemed only when paying a bill using the Application.

Credits cannot be transferred to other users of the Application.

No cash alternative to the credit is available.

The Credit shall remain in your account indefinitely until: (i) it is used by you; (ii) it is revoked by us in accordance with clause 8.7; (iii) it expires in accordance with clause 8.8.

We reserve the right to suspend your account or revoke any and all credits at any time if we in our discretion consider that such credit(s) was earned inappropriately.

You acknowledge that we may, at any time and at our sole discretion, suspend or discontinue the credit scheme. If we do so, we shall where possible, provide you with advance notice of any such changes.

Limitation of our Liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Japanese law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Application or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, the Application; or (ii) use of or reliance on any content displayed on the Application.

Please note that we only provide the Application for private use. You agree not to use the Application for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Application or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on the Application. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Viruses

We do not guarantee that the Application will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Application. You should use your own virus protection software.

You must not misuse the Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Application, the server on which the Application are stored or any server, computer or database connected to the Application.

Linking to the Application

You may link to the Application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Application in any website that is not owned by you.

The Application must not be framed on any other site, nor may you create a link to any part of the Application other than the home page.

We reserve the right to withdraw linking permission without notice.

Third Party Laws

Where the Application contains links to other sites or applications and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites and application or the performance of the services. Your dealings with, and interest in, services, merchants or promotions found on or via the Application are solely between you and the person with whom you are dealing. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Applicable Law

These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Japanese law. We both agree to the exclusive jurisdiction of the courts of Japan.

Contact Us

Questions, comments and requests regarding these Terms should be sent by email to support@dynamify.com.

Last Updated: 1st April 2019

Terms and Conditions (United States)

PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE APP OR PLACING ORDERS, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENTS AND ANY ORDER ARE SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. BY USING THE APP AND BY TICKING THE ACCEPTANCE BOX, YOU INDICATE THAT YOU ACCEPT THESE TERMS. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 11 WHICH LIMITS OUR LIABILITY TO YOU.

1. Definitions

1.1 In these Terms the following words shall have the following meanings:
  • “App” means this mobile application known as ‘Everyday (formerly known as Twelve Pay)’ which provides a platform for Users to place Orders and is owned by or licensed to Sodexo.
  • “Additional Terms” means the terms that apply to Promotions in addition to these Terms as brought to Your attention in the App from time to time.
  • "Intellectual Property Rights" means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, get ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world;
  • “Promotions” means the special programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions that We may make available on the App.
  • “Products” means the food and beverages available for the User to order and displayed and/or described via the App.§  “Service(s)” means any service available through the App, as described under section “Services”.
  • “Service(s)” means any service available through the App, as described under section “Services”.
  • “Site(s)” means the food and beverage outlet(s) where the User shall collect Orders.
  • “Sodexo” means Sodexo Inc., a company registered in the United States whose registered office is at 9801 Washingtonian Blvd FL 1, Gaithersburg, MD, 20878-5355  United States.
  • “Terms” – means these terms and conditions which set out the basis under which We make the App (called Everyday) available to Users, set out the conditions under which Users may use the App and the terms relating to any products offered via the App and orders made via the App.
  • “Us”; “We”, or “Our” means Sodexo and its subsidiaries or supplier, insofar as it is concerned.
  • “User(s)” means any person connecting to the App.
  • “You” or “Your” means any App User.

2. Services

2.1 You must be 18 years of age or older to use the App and place Orders. Access to the App is permitted for personal use only.

2.2 Access to, and use of, the App is free of charge. You will need to set up a User account and provide the details outside in section 3.1 of these Terms.

2.3 Notwithstanding the provisions of sections 2.1 and 2.2, Sodexo does not guarantee availability nor uninterrupted or error free use of the App and shall not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness.

2.4 The App enables You to:
         (a) Create, activate or modify a specific account.
         (b) Access information linked to the Site(s) such as menus, nutrition and allergen information and Promotions.
         (c) Access Your reward program if applicable on Your Site(s).
         (d) Tailor the information You will have access to.
         (e) Order and pay for food and beverages for click and collect at Site(s).

3. Registration

3.1 Before you can place an Order, You will need to register by opening an account by providing Your full name, a valid email address and a password of Your choice. Your email address must remain valid as long as Your account remains active and it is Your responsibility to promptly update it should it no longer be accurate or current. More generally, all personal information communicated to Us must always be promptly updated as soon as it stops being true, complete, accurate, or current.

3.2 Your password is confidential and You shall not communicate it to any third-party individual or website. You should immediately contact Us should You have reason to believe that Your password is being used by an unauthorized third party. You shall be liable for all actions taken with Your password as well as for any loss or liability consequential to such use. You accept that You are liable for any use of the Services, including Orders placed, if these are placed via Your account.

4. Products

4.1 We make every effort to provide an accurate description of the Products on the App, however, the User acknowledges and agrees that differences between the description of the Products on the App (photographs, Product description, compositions, colors, etc.) and the Products actually provided may occur.

4.2
We may delete, amend or update at any time the description or availability of the Products on the App

4.3
The Products available on the App will vary from Site to Site and on the day You connect to the App since they reflect the Products available and the menu of the day, subject to the conditions below.

4.4
The Products are offered up to the limit of availability mentioned on the App.

Informative Content

4.5
Users may be able to access information linked to the Sites such as menus, nutrition and allergen information, Promotions, and to food more generally such as recipes.

4.6
Users must be aware that, due to supply issues, a gap might exist between the informative content linked to the food available at a Site and the food actually available at the said Site. Sodexo shall not be responsible for such gap.

4.7
With regards to allergens, the User must check they have all necessary information with regards to allergenic substances that might be contained in the Products offered at the Sites before placing an order. Whilst We will take reasonable efforts to ensure that information published about allergens on the App is accurate, We provide no guarantees that orders will be free from allergens or that the information contained in the App is complete with all allergen information. If You have an allergy, You must notify the Site when collecting Your order and provide any information reasonably requested so that they can provide You with information regarding the ingredients of the Products that form Your order. If the Site confirms when collecting Your order that Products ordered do contain an allergen and this information was not available or was not reasonably obvious at the time of paying Your order, then the Site will offer You an exchange or refund of Your order and such exchange or refund shall be Your sole remedy in relation to such order. Examples of allergens that should be reasonably obvious are wheat in bread, dairy in milkshakes or cream/yogurt based dishes, peanuts in satay or other nut based dishes. This list is not intended to be exhaustive and is for illustrative purpose only.

4.8
Despite all the precautions taken, it is possible that one or more allergens is present in the kitchens where the food is prepared causing accidental cross-contamination between dishes.

5. Orders

5.1 All the steps You must follow to place an Order are explained in the App. Once You have added the order to Your Cart, You can view the Cart and chose a payment option. Once the payment has been made this sends the order to be processed. Once it has been accepted it can no longer be cancelled.

5.2 We will send You an email once Your Order has been accepted by the Site to confirm Your Order and You will have a digital receipt on the App which is used to collect the order.

RIGHT OF WITHDRAWAL

5.3 The consumer right of withdrawal does not apply to goods made to the consumer's specifications or substantially personalized or which, given their nature, are likely to rapidly deteriorate or become outdated.

6. Prices and payment

6.1 The Product prices are displayed in the App in local currency and include all applicable taxes at the date of placing the order unless specified otherwise. Prices do not include any fees linked to the use of the electronic device from which You connected to the App and place Your order and You are solely responsible for these charges.

6.2
The total price of Your order will be displayed in the App at the time of placing the order and You accept the price when You click the Payment. You will also be required to make payment in full for Your order at this time

6.3
We reserve the right to amend the prices of the Products offered on the App at any time.

6.4
Payment shall be made by You via the methods available on the App.
6.5
We will not be required to fulfil Your order if You do not pay the full price and/or if Your payment is rejected for any reason. We may attempt to retake a failed payment, for example if this is due to a connection failure and the payment is queued.

6.6
Where We owe a refund or partial refund we will pay this within 5 working days of the decision being made that the sum should be refunded. This includes refunds of any payment credit.

6.7
We have the right to close Your account if, for any reason, You collected Products ordered through the App without paying their full price.7. Reward programs and promotions

7. Reward programs and promotions

7.1 The App rewards ("Rewards") program allows You to earn and/or receive offers from the App. Participation in Rewards is limited to persons at least 18 years old who download the App mobile App and sign-up for a Rewards account. Rewards accounts are limited to one individual per account. Rewards are valid only at participating Sodexo locations. To sign up for a Rewards account, download the App to Your Android or iPhone® device and follow the prompts to access account sign-up and/or sign-in page in the App. You will be required to provide the requested information, including, but not limited to, username, password, name, and e-mail address. Sodexo may periodically request additional information to help us get to know You better. You agree to provide true and accurate information and to ensure that information provided by You is up-to-date and accurate. Communications with You will be made using contact information most recently provided by You. Sodexo is not responsible for Your inability to receive or redeem offers or other loss arising from Your failure to provide and maintain accurate contact information.

7.2 Sodexo may send messages from time to time using the contact information provided by You. Such messages may include system updates, Rewards confirmations, administrative announcements, special requests and the like and may be sent via notifications in the App, via e-mail, or communicated to You on a receipt or display at the time of use of Your Rewards account. Please read the Privacy Policy carefully to understand how Sodexo collects, uses and discloses information about customers and how to update or change Your personal information and how we communicate with You.

7.3 Your participation in Rewards is personal and non-transferable. Rewards status and/or individual Rewards may not be purchased, sold, bartered, brokered or otherwise transferred. There are no membership fees associated with Rewards. Offers made via Rewards are purely promotional offers. You agree that no portion of Your payment for purchases qualifying for any offer constitutes consideration paid for any App Reward offer.

7.4    Rewards are issued on a periodic basis. They are referred to as ‘Rewards’ in the App but may appear with different descriptions from time to time. Upon signing up, You will receive notice via Your Rewards account of Your current offer. Once You activate a Rewards account, You progress towards an offer and may be eligible to receive special offers, from time to time. The number, type and frequency of offers are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume and type of purchases at participating Sodexo locations, number of visits and frequency of visits to participating Sodexo locations, interaction with other Sodexo applications or promotions; or special offers made directly by Sodexo locations or the App which may include ways to progress toward Your next offer via a special promotion. For offers that are based on purchases, the following types of purchases at a participating Sodexo location qualify: (1) placing and completing a mobile order for a qualifying purchase through the App, where applicable; (2) or completing a transaction at a participating Sodexo location and scanning the digital code linking to Your Rewards account at checkout.

7.5 You must use the App, or if placing an online order be signed into Your Rewards account, to complete the qualifying purchase or activity in order for that purchase or activity to count towards Your progress to the next qualifying offer. Benefits applied from any single qualifying purchase or activity may only be credited to one (1) Rewards account. The qualifying purchase or activity will be applied to Your Rewards account after completion of the qualifying purchase or activity. In certain cases, it may take twenty-four (24) hours or more to be credited. Sodexo shall not be responsible for, or liable to, You, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to Your Rewards account.offers are promotional offers and may have certain restrictions including expiration dates and short, time-limited redemption periods. For free drink or food offers, some restrictions apply, and items are subject to availability at specific, participating locations. All offers must be redeemed prior to the stated expiration date to be valid. It is Your responsibility to check Your Rewards account periodically for offers and use the offers prior to the stated expiration date

.7.6 Activities which allow progress towards offers do not count towards and may not be combined with other programs. Activities tied to specific offers must be fully completed and will only result in one offer, regardless of the number of times the activity is performed. Partial Rewards will not be issued.  Sodexo reserves the right to change, modify or update these offers and the qualifying purchases and activities to progress to an offer from time to time without notice. Sodexo is under no obligation to provide You with any number of offer opportunities or special offers. Sodexo reserves the right to limit enrollment, modify the Rewards, and/or to terminate the Rewards offering program

.7.8 From time to time, We may run promotional offers or bonuses for using the services and details of such Promotions shall be made available via the App. Where a Promotion offers customers a bonus for submitting or completing a set number of orders, You must not do anything in fulfilment of this Promotion which may be deemed fraudulent.

7.9 Where it is reasonably considered by Sodexo that You have acted in a manner that is otherwise than in accordance with section 7.8 above, Sodexo will notify You and, in its sole discretion, may withhold any promotional payment or discount and/or suspend or terminate Your access to the App.  

8. User obligations

8.1 In using the App, You shall:
         (a) have sole responsibility for the legality, reliability, integrity, accuracy and quality of the information, materials, content and data You                            provide;
         (b) agree to comply with all the provisions of the Terms, as well as any other applicable terms and conditions that may be brought to Your attention from time to time, at all times during Your use of the App;
          (c) agree to be responsible for (and that Sodexo has no responsibility to You or to any third party for) any breach of Your obligations under the Terms and for the consequences of any such breach.

8.2. In using the App, You shall not:
         (a) violate or infringe any applicable local, state, national or international law;
         (b) collect, harvest, store, use or publish any third party’s personal data on the App;
         (c) restrict, inhibit the use and enjoyment of the App by any other User or third party;
         (d) misrepresent Your identity or affiliation with any other person or organization;
         (e) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, infringing third party’s rights, vulgar, obscene, libelous, invasive of another's privacy, confidential, hateful, or racially or ethnically objectionable;
         (f) impersonate any person or entity, falsely claim an affiliation with any person or entity;
         (g) make available any unsolicited or unauthorized advertising, promotion or any other form of solicitation, or use the App other than for the Purpose;
         (h) interfere or attempt to interfere with service to any User, host or network;
         (i) alter or modify any part of the App;
         (j) attempt to probe, scan or test the vulnerability of App or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the servers or networks connected to the App;
        (k) introduce any viruses (including any variant or similar malicious code of instructions), Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the App or any User’s computer or property of another;
        (l) copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of or parts of the App or its related data (except User Content), software or applications, including but not limited to any Content (except User Content), in any medium without Sodexo's prior written authorization;
      (m) disassemble, de-compile, reverse engineer, or otherwise attempt to discover or gain access to the source code of any part of the App or component, processes thereof. You also agree not to insert any code or product to manipulate the App in any way that affects other Users’ experience.

9. Contact us / information / complaint

You can contact Customer Support for any information, complaint or question via the App. Or You can write to Our registered office. Any complaint should be raised where possible within 5 days of collection of Your order.

10. Limitation of liability

10.1 Nothing in these Terms excludes or limits Sodexo’s liability for death or personal injury arising from Sodexo’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by US law.

10.2
To the fullest extent permitted by law, Sodexo shall not be liable, whether in tort, contract, misrepresentation (whether innocent or negligent), restitution or otherwise, for:
        (a) any diminution in quality or appearance as a result of the User or their nominee not collecting the order at the time specified in the order confirmation or receipt;
        (b) any collection by a third party who is not authorized by the User but has produced the order confirmation or receipt;
        (c) any indirect or consequential loss or for any losses arising as a result of business use of the App; or
        (d)  any liability arising under or in connection with:
                (i) use of, or inability to use, the App and/or Services;
                (ii) use of or reliance on any content displayed on the App;
                (iii) incompatibility of the App with any of Your electronic and/or mobile equipment, devices, software or telecommunications links; and
                (iv)unsuitability, unreliability or inaccuracy of the App and/or the Services.

10.3
Subject to sections 10.1 and 10.2, Sodexo’s maximum liability to You whether in tort, contract, misrepresentation (whether innocent or negligent), restitution or otherwise for shall be limited to the price paid for the order in connection with which the liability arose.

10.4
You must take the necessary measures to ensure the proper preservation of the Products after You collect them and to take appropriate measures if the Product appears inconsumable (for example You must not consume it and notify us as soon as possible). We shall not be held liable for any damages which may result from the negligence of the User after delivery/collection of the order.

10.5
Each User assumes responsibility and risk for its use of the App, and for conclusions drawn from such use, and for its User content. The App is provided on an “as is” and on an “as available” basis. We accept no liability for any damage caused by errors or omissions in any information, User content, instructions or scripts provided by any User for use of the App, or any actions taken by Us at the User's direction; We make no warranty, and disclaim all responsibility and liability for, the availability, timeliness, reliability, quality of the App; all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Terms;

10.6
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your electronic and/or mobile equipment, computer programs, data or other proprietary material due to Your use of the App and/or the Services or to Your downloading of any content on it, or on any website linked to it.

10.7
We will not be held liable for the display of a wrong price or information in Your order if such display is due to a computer bug or to an intrusion into Our IT systems. In such a case, and especially if the App displays identical prices for all Products or prices that are clearly wrong, We reserve the right to cancel any order.

11. IT security

11.1 Each User hereby acknowledges and understands, and continually affirms through its ongoing use of the App, that its use is solely at User’s own risk and subject to these Terms.

11.2
Each User hereby acknowledges that there will be occasions when the App will be interrupted for scheduled maintenance or upgrades or for emergency repairs. We will not be liable to You for any interruption or discontinuation of the App, or in case of loss of any content.

11.3
While Sodexo has endeavored to create a secure and reliable App, the User acknowledges that confidentiality of any communication or material transmitted to/from the App over the Internet cannot be guaranteed. Accordingly, Sodexo is not responsible for (a) the security of any information transmitted via the Internet, or (b) the accuracy of the information contained on the App and provided by the user.

11.4
We shall have no liability for interruptions in internet.

11.5
We are not responsible or liable for and do not in any way warrant the availability of, access to, or use of the App, or that the App will be uninterrupted, without delay, error-free or omission free.

11.6
The App may contain links of third-party websites. Such sites are not under Our control, and We are not responsible for and do not endorse, recommend or sponsor their content, privacy policies (if any and/or the product(s), service(s), advice(s) described on these sites.

11.7
Payment security is provided by Stripe, FreedomPay, or Foundry Payments who are responsible for the security of the payment for the transaction.

11.8
The App is operated by Dynamify Limited (company number 09575041) and registered address at 20-22 Wenlock Road, London N1 7GU and hosted by Amazon Web Services.

12. Intellectual property

12.1 The App, including but not limited to the data, text, links, photographs, images, video, audio content, all compilations of information, any software programs, tools, applications and/or code, the selection and arrangement of the aforementioned and the “look and feel” of the App (collectively referred to as “Content”), is protected by intellectual property laws, including but not limited to copyright, trademark, patent, model and design, and proprietary rights.

12.2 Each User acknowledges and agrees that We own all Intellectual Property Rights in the App and its Content.

12.3 In using or accessing the App, You acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained on the App.

12.4 Unauthorized use of the App and the Content and materials contained on or available through the App may violate applicable intellectual property laws or other laws.

12.5 Any rights not expressly granted herein are reserved to Sodexo or its licensors, as applicable. Nothing in the Terms grants the User any rights to, or in, Content, patents, copyrights, designs, reports, analysis, concepts, confidential information and findings, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), computer programs, or source code and all documentation, including all moral rights, or any other or other proprietary material, rights or licenses in respect of App or any related software and documentation. You will not alter, modify, erase, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels contained within the App and its related application or software.

13. Termination

13.1 These Terms (or any updates hereto) shall exist for an indefinite period of time. However, You may terminate Your agreement with us at any time by permanently deleting the App installed on any device and deactivating Your account.

13.2
Sodexo is entitled to terminate or suspend its provision of the Services to You and/or Your license to use the App, with immediate effect, by disabling Your account or otherwise preventing You from accessing or using the App, at its sole discretion.

13.3
Any termination by Us of Your use of the App will occur without prejudice to any damages that may be claimed by Us to the User or their assigns and legal representatives in reparation for the injuries suffered by Us because of the User’s failures to comply with the Terms.

13.4
On termination for any reason:
(a) all rights granted to You under these Terms shall cease; and
(b) You must immediately cease all activities authorized by these Terms, including Your use of the App; and
(c) You must immediately delete or remove the App from all Your devices and certify to Us that You have done so

13.5 Suspension or Modification
Sodexo reserves the right, at its sole discretion, to change, alter, suspend or indefinitely close the App and/or Your access to the Services. From time to time, Sodexo may also restrict access to some or all parts of the Services and/or the App.

14. Miscellaneous

14.1 We reserve the right to amend the Terms under which the App is made available to Users, upon notice, which may be given by Us posting such amendments on the App, by e-mail, or any other method as determined in Our discretion. A User’s continued use of App following notice of such amendments will be conclusively deemed acceptance of any changes to these terms and conditions. Each time You access the App, You must check for any updates to the Terms. For the avoidance of any doubt, if We have updated the Terms, this will be construed as notice to You. The placing of an order by You shall be conclusive evidence that You have accepted any updates to the Terms.

14.2.
No failure or delay by Sodexo to exercise any right or remedy provided in the Terms or by law shall constitute a waiver of that or any right or remedy, nor shall it preclude or restrict the further exercise of that or any right or remedy. No single or partial exercise of such remedy shall preclude or restrict the further exercise of that or any other right or remedy

14.3
If any provision of these Terms is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the original intent, and the remainder of these Terms shall continue in full force and effect.

14.4
We may transfer our rights and obligations under these Terms to another organization, but this will not affect Your rights or our obligations under these Terms. You may not, however, transfer Your rights or obligations under these Terms to anyone.

14.5
These Terms may be amended, supplemented or updated at any time, in particular to comply with any legal, regulatory, case law or technical developments that may arise.

14.6
 The content of the App and its features can be amended, deleted or updated at any time. We reserve the right to close the App down at any time

14.7
These Terms, and any non-contractual obligations arising out of them, shall be governed and construed in accordance with the laws of the State of Maryland USA, without regard to conflict-of-laws provisions. Sodexo makes no representation that the information in the App is appropriate or available for use in other locations, and access to the App from territories where the content of the App may be illegal is prohibited. Those who choose to access the App from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any proceedings resulting out of these terms of use, and any non-contractual obligations arising out of them, the Privacy Policy, Services and/or the use of the App shall be held in the state and federal courts of the State of Maryland USA.

14.8
These Terms are without prejudice to any rights You may have under applicable law.

Contact us

Questions, comments and requests regarding these Terms should be sent by email to everydaycustomersupport.usa@sodexo.com.

Last updated: 28thJuly 2022

Terms and Conditions (United Kingdom)

PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE APP OR PLACING ORDERS, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENTS and any order ARE SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. BY USING THE APP AND BY TICKING THE ACCEPTANCE BOX, YOU INDICATE THAT YOU ACCEPT THESE TERMS. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 11 WHICH LIMITS OUR LIABILITY TO YOU.

1. Definitions

1.1    In these Terms the following words shall have the following meanings:

  • “App” means this mobile application known as Everyday (formerly known as Twelve Pay) which provides a platform for Users to place Orders and is owned by or licensed to Sodexo.
  • “Additional Terms” means the terms that apply to Promotions in addition to these Terms as brought to Your attention in the App from time to time.
  • "Intellectual Property Rights" means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, get ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world;
  • “Promotions” means the special programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions that We may make available on the App.
  • “Products” means the food and beverages available for the User to order and displayed and/or described via the App.
  • “Service(s)” means any service available through the App, as described under section “Services”.
  • “Site(s)” means the food and beverage outlet(s) where the User shall collect Orders.
  • “Sodexo” means Sodexo Limited, a company registered in England (company registration no: 842846) whose registered office is at One Southampton Row, London, WC1B 5HA.
  • “Stripe” means Stripe Payments Europe, Limited, a company registered in Ireland (company registration no: IE513174) whose registered office is at C/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, 662880, the payment provider.     
  • “Terms” – means these terms and conditions which set out the basis under which We make the App (called Everyday (formerly known as Twelve Pay)) available to Users, set out the conditions under which Users may use the App and the terms relating to any products offered via the App and orders made via the App.     
  • “Us”; “We”, or “Our” means Sodexo and its subsidiaries or supplier, insofar as it is concerned.  
  • “User(s)” means any person connecting to the App.
  • “You” or “Your” means any App User. 

2. Services

2.1  

2.2  


2.3



2.4
2.1 You must be 18 years of age or older to use the App and place Orders. Access to the App is permitted for personal use only.

2.2 Access to, and use of, the App is free of charge. You will need to set up a User account and provide the details outside in section 3.1 of these Terms.

2.3 Notwithstanding the provisions of sections 2.1 and 2.2, Sodexo does not guarantee availability nor uninterrupted or error free use of the App and shall not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness.

2.4 The App enables You to:
  •    a) Create, activate or modify a specific account.
  •    b) Access information linked to the Site(s) such as menus, nutrition and allergen information and Promotions.
  •    c) Access Your reward program if applicable on Your Site(s).
  •    d) Tailor the information You will have access to.
  •    e) Order and pay for food and beverages for click and collect at Site(s).

3. Registration

3.1




3.2
3.1 Before You can place an Order, You will need to register by opening an account by providing Your full name, a valid email address and a password of Your choice. Your email address must remain valid as long as Your account remains active and it is Your responsibility to promptly update it should it no longer be accurate or current. More generally, all personal information communicated to Us must always be promptly updated as soon as it stops being true, complete, accurate, or current.

3.2 Your password is confidential and You shall not communicate it to any third-party individual or website. You should immediately contact Us should You have reason to believe that Your password is being used by an unauthorized third party. You shall be liable for all actions taken with Your password as well as for any loss or liability consequential to such use. You accept that You are liable for any use of the Services, including Orders placed, if these are placed via Your account.

4. Products

4.1



4.2

4.3


4.4



4.5


4.6


4.7










4.8
4.1 We make every effort to provide an accurate description of the Products on the App, however, the User acknowledges and agrees that differences between the description of the Products on the App (photographs, Product description, compositions, colours, etc.) and the Products actually provided may occur.

4.2 We may delete, amend or update at any time the description or availability of the Products on the App.

4.3 The Products available on the App will vary from Site to Site and on the day You connect to the App since they reflect the Products available and the menu of the day, subject to the conditions below.

4.4 The Products are offered up to the limit of availability mentioned on the App.

Informative Content

4.5 Users may be able to access information linked to the Sites such as menus, nutrition and allergen information, Promotions, and to food more generally such as recipes.

4.6 Users must be aware that, due to supply issues, a gap might exist between the informative content linked to the food available at a Site and the food actually available at the said Site. Sodexo shall not be responsible for such gap.

4.7 With regards to allergens, the User must check they have all necessary information with regards to allergenic substances that might be contained in the Products offered at the Sites before placing an Order. Whilst We will take reasonable efforts to ensure that information published about allergens on the App is accurate, We provide no guarantees that Orders will be free from allergens or that the information contained in the App is complete with all allergen information. If You have an allergy, You must notify the Site when collecting Your Order and provide any information reasonably requested so that they can provide You with information regarding the ingredients of the Products that form Your Order. If the Site confirms when collecting Your Order that Products ordered do contain an allergen and this information was not available or was not reasonably obvious at the time of playing Your Order, then the Site will offer You an exchange or refund of Your Order and such exchange or refund shall be Your sole remedy in relation to such Order. Examples of allergens that should be reasonably obvious are wheat in bread, dairy in milkshakes or cream/yogurt based dishes, peanuts in satay or other nut based dishes. This list is not intended to be exhaustive and is for illustrative purpose only.

4.8 The User is aware that the information published on the App is linked to the 14 major allergens voluntarily introduced in the food as referenced by the Foods Standard Agency. Despite all the precautions taken, it is possible that one or more of these substances is present in the kitchens where the food is prepared causing accidental cross-contamination between dishes.

5. Orders

5.1



5.2




5.3
5.1 All the steps You must follow to place an Order are explained in the App. Once You have added the order to Your Cart, You can view the Cart and chose a payment option. Once the payment has been made this sends the order to be processed. Once it has been accepted it can no longer be cancelled.

5.2 We will send You an email once Your Order has been accepted by the Site to confirm Your Order and You will have a digital receipt on the App which is used to collect the order.

RIGHT OF WITHDRAWAL

5.3 The consumer right of withdrawal does not apply to goods made to the consumer's specifications or substantially personalised or which, given their nature, are likely to rapidly deteriorate or become outdated.

6. Prices and payment

6.1



6.2


6.3

6.4

6.5


6.6


6.7
6.1 The Product prices are displayed in the App in pounds sterling and include all applicable taxes at the date of placing the Order unless specified otherwise. Prices do not include any fees linked to the use of the electronic device from which You connected to the App and place Your Order and You are solely responsible for these charges.

6.2 The total price of Your Order will be displayed in the App at the time of placing the Order and You accept the price when You click the Payment. You will also be required to make payment in full for Your Order at this time.

6.3 We reserve the right to amend the prices of the Products offered on the App at any time.

6.4 Payment shall be made by You via the methods available on the App, via Stripe.

6.5 We will not be required to fulfil Your Order if You do not pay the full price and/or if Your payment is rejected for any reason. We may attempt to retake a failed payment, for example if this is due to a connection failure and the payment is queued.

6.6 Where We owe a refund or partial refund we will pay this within 5 working days of the decision being made that the sum should be refunded. This includes refunds of any payment credit.

6.7 We have the right to close Your account if, for any reason, You collected Products ordered through the App without paying their full price.

7. Reward programs and promotions

7.1


7.2



7.3

7.1 From time to time We may offer reward programmes to Users. Any such reward programmes shall be subject to separate terms and conditions and such terms and conditions shall be made available and/or their location signposted in the App.

7.2 From time to time, We may run promotional offers or bonuses for using the Services and details of such Promotions shall be made available via the App. Where a Promotion offers customers a bonus for submitting or completing a set number of Orders, You must not do anything in fulfilment of this Promotion which may be deemed fraudulent.

7.3 Where it is reasonably considered by Sodexo that You have acted in a manner that is otherwise than in accordance with section 7.2 above, Sodexo will notify You and, in its sole discretion, may withhold any promotional payment or discount and/or suspend or terminate Your access to the App.

8. User obligations

8.1  





 



8.2


8.1 In using the App, You shall:
  •    a) have sole responsibility for the legality, reliability, integrity, accuracy and quality of the information, materials, content and data You provide;
  •    b) agree to comply with all the provisions of the Terms, as well as any other applicable terms and conditions that may be brought to Your attention from time to time, at all times during Your use of the App;
  •    c) agree to be responsible for (and that Sodexo has no responsibility to You or to any third party for) any breach of Your obligations under the Terms and for the consequences of any such breach.
8.2 In using the App, You shall not:
  •    a) violate or infringe any applicable local, state, national or international law;
  •    b) collect, harvest, store, use or publish any third party’s personal data on the App;
  •    c) restrict, inhibit the use and enjoyment of the App by any other User or third party;
  •    d) misrepresent Your identity or affiliation with any other person or organization;
  •    e) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, infringing third party’s rights, vulgar, obscene, libellous, invasive of another's privacy, confidential, hateful, or racially or ethnically objectionable;
  •    f) impersonate any person or entity, falsely claim an affiliation with any person or entity;
  •    g) make available any unsolicited or unauthorized advertising, promotion or any other form of solicitation, or use the App other than for the Purpose;
  •    h) interfere or attempt to interfere with service to any User, host or network;upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, infringing third party’s rights, vulgar, obscene, libellous, invasive of another's privacy, confidential, hateful, or racially or ethnically objectionable;
  •    i) alter or modify any part of the App;
  •    j) attempt to probe, scan or test the vulnerability of App or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the servers or networks connected to the App;
  •    k) introduce any viruses (including any variant or similar malicious code of instructions), Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the App or any User’s computer or property of another;
  •    l) copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of or parts of the App or its related data (except User Content), software or applications, including but not limited to any Content (except User Content), in any medium without Sodexo's prior written authorization;
  •    m) disassemble, de-compile, reverse engineer, or otherwise attempt to discover or gain access to the source code of any part of the App or component, processes thereof. You also agree not to insert any code or product to manipulate the App in any way that affects other Users’ experience.

9. Contact us / Information / Complaint

9.1

9.1 You can contact Customer Support for any information, complaint or question via the App or email DigitalCustomerSupport.UKandIE@sodexo.com.  Or You can write to Our registered office. Any complaint should be raised where possible within 5 days of collection of Your Order.

10. Limitation of liability

10.1  


10.2  














10.3


10.4



10.5






10.6



10.7
10.1 Nothing in these Terms excludes or limits Sodexo’s liability for death or personal injury arising from Sodexo’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

10.2 To the fullest extent permitted by law, Sodexo shall not be liable, whether in tort, contract, misrepresentation (whether innocent or negligent), restitution or otherwise, for:
  •    a) any diminution in quality or appearance as a result of the User or their nominee not collecting the Order at the time specified in the Order confirmation or receipt;
  •    b) any collection by a third party who is not authorised by the User but has produced the Order confirmation or receipt;
  •    c) any indirect or consequential loss or for any losses arising as a result of business use of the App; or
  •    d) any liability arising under or in connection with:
  •                i) use of, or inability to use, the App and/or Services;
  •                ii) use of or reliance on any content displayed on the App;any liability arising under or in connection with:
  • iii) incompatibility of the App with any of Your electronic and/or mobile equipment, devices, software or telecommunications links; and
  •                iv) unsuitability, unreliability or inaccuracy of the App and/or the Services.
10.3 Subject to sections 10.1 and 10.2, Sodexo’s maximum liability to You whether in tort, contract, misrepresentation (whether innocent or negligent), restitution or otherwise for shall be limited to the price paid for the Order in connection with which the liability arose.

10.4 You must take the necessary measures to ensure the proper preservation of the Products after You collect them and to take appropriate measures if the Product appears unconsumable (for example You must not consume it and notify us as soon as possible). We shall not be held liable for any damages which may result from the negligence of the User after delivery/collection of the Order.

10.5 Each User assumes responsibility and risk for its use of the App, and for conclusions drawn from such use, and for its User content. The App is provided on an “as is” and on an “as available” basis. We accept no liability for any damage caused by errors or omissions in any information, User content, instructions or scripts provided by any User for use of the App, or any actions taken by Us at the User's direction; We make no warranty, and disclaim all responsibility and liability for, the availability, timeliness, reliability, quality of the App; all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Terms;

10.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your electronic and/or mobile equipment, computer programs, data or other proprietary material due to Your use of the App and/or the Services or to Your downloading of any content on it, or on any website linked to it.

10.7 We will not be held liable for the display of a wrong price or information in Your Order if such display is due to a computer bug or to an intrusion into Our IT systems. In such a case, and especially if the App displays identical prices for all Products or prices that are clearly wrong, We reserve the right to cancel any Order.

11. IT Security

11.1


11.2



11.3




11.4

11.5


11.6



11.7

11.8
11.1 Each User hereby acknowledges and understands, and continually affirms through its ongoing use of the App, that its use is solely at User’s own risk and subject to these Terms.

11.2 Each User hereby acknowledges that there will be occasions when the App will be interrupted for scheduled maintenance or upgrades or for emergency repairs. We will not be liable to You for any interruption or discontinuation of the App, or in case of loss of any content.

11.3 While Sodexo has endeavoured to create a secure and reliable App, the User acknowledges that confidentiality of any communication or material transmitted to/from the App over the Internet cannot be guaranteed. Accordingly, Sodexo is not responsible for (a) the security of any information transmitted via the Internet, or (b) the accuracy of the information contained on the App and provided by the user.

11.4 We shall have no liability for interruptions in internet.

11.5 We are not responsible or liable for and do not in any way warrant the availability of, access to, or use of the App, or that the App will be uninterrupted, without delay, error-free or omission free.

11.6 The App may contain links of third-party websites. Such sites are not under Our control, and We are not responsible for and do not endorse, recommend or sponsor their content, privacy policies (if any and/or the product(s), service(s), advice(s) described on these sites.

11.7 Payment security is provided by Stripe who are responsible for the security of the payment for the transaction.

11.8 The App is operated by Dynamify Limited (company number 09575041) with registered address at 20-22 Wenlock Road, London N1 7GU and hosted by Amazon Web Services.

12. Intellectual property

12.1




12.2

12.3


12.4


12.5
12.1 The App, including but not limited to the data, text, links, photographs, images, video, audio content, all compilations of information, any software programs, tools, applications and/or code, the selection and arrangement of the aforementioned and the “look and feel” of the App (collectively referred to as “Content”), is protected by intellectual property laws, including but not limited to copyright, trademark, patent, model and design, and proprietary rights.

12.2 Each User acknowledges and agrees that We own all Intellectual Property Rights in the App and its Content.

12.3 In using or accessing the App, You acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained on the App.

12.4 Unauthorized use of the App and the Content and materials contained on or available through the App may violate applicable intellectual property laws or other laws.

12.5 Any rights not expressly granted herein are reserved to Sodexo or its licensors, as applicable. Nothing in the Terms grants the User any rights to, or in, Content, patents, copyrights, designs, reports, analysis, concepts, confidential information and findings, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), computer programs, or source code and all documentation, including all moral rights, or any other or other proprietary material, rights or licences in respect of App or any related software and documentation. You will not alter, modify, erase, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels contained within the App and its related application or software.

13. Termination

13.1  


13.2  


13.3



13.4






13.5
13.1 These Terms (or any updates hereto) shall exist for an indefinite period of time. However, You may terminate Your agreement with us at any time by permanently deleting the App installed on any device and deactivating Your account.

13.2 Sodexo is entitled to terminate or suspend its provision of the Services to You and/or Your licence to use the App, with immediate effect, by disabling Your account or otherwise preventing You from accessing or using the App, at its sole discretion.

13.3 Any termination by Us of Your use of the App will occur without prejudice to any damages that may be claimed by Us to the User or their assigns and legal representatives in reparation for the injuries suffered by Us because of the User’s failures to comply with the Terms.

13.4 On termination for any reason:
  •    a) all rights granted to You under these Terms shall cease; and
  •    b) You must immediately cease all activities authorized by these Terms, including Your use of the App; and
  •    c) You must immediately delete or remove the App from all Your devices and certify to Us that You have done so.
Suspension or Modification

13.5 Sodexo reserves the right, at its sole discretion, to change, alter, suspend or indefinitely close the App and/or Your access to the Services. From time to time, Sodexo may also restrict access to some or all parts of the Services and/or the App.

14. Miscellaneous

14.1






14.2



14.3



14.4


14.5


14.6


14.7



14.8



14.9
14.1 We reserve the right to amend the Terms under which the App is made available to Users, upon notice, which may be given by Us posting such amendments on the App, by e-mail, or any other method as determined in Our discretion. A User’s continued use of App following notice of such amendments will be conclusively deemed acceptance of any changes to these terms and conditions. Each time You access the App, You must check for any updates to the Terms. For the avoidance of any doubt, if We have updated the Terms, this will be construed as notice to You. The placing of an Order by You shall be conclusive evidence that You have accepted any updates to the Terms.

14.2 No failure or delay by Sodexo to exercise any right or remedy provided in the Terms or by law shall constitute a waiver of that or any right or remedy, nor shall it preclude or restrict the further exercise of that or any right or remedy. No single or partial exercise of such remedy shall preclude or restrict the further exercise of that or any other right or remedy.

14.3 If any provision of these Terms is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the original intent, and the remainder of these Terms shall continue in full force and effect.

14.4 We may transfer our rights and obligations under these Terms to another organization, but this will not affect Your rights or our obligations under these Terms. You may not, however, transfer Your rights or obligations under these Terms to anyone.

14.5 These Terms may be amended, supplemented or updated at any time, in particular to comply with any legal, regulatory, case law or technical developments that may arise.

14.6 The content of the App and its features can be amended, deleted or updated at any time. We reserve the right to close the App down at any time.

14.7 Rights under these Terms only accrue to a person party to these Terms. Accordingly a person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms or conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

14.8 These Terms, and any non-contractual obligations arising out of them, are governed and construed in accordance with the law of England and Wales and any proceedings resulting out of these terms of use, and any non-contractual obligations arising out of them, the Privacy Policy, Services and/or the use of the App shall be held in the Courts of England and Wales.

14.9 These Terms are without prejudice to Your statutory rights.

Terms and Conditions (Hong Kong)

PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE APP OR PLACING ORDERS, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENTS and any order ARE SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. BY USING THE APP AND BY TICKING THE ACCEPTANCE BOX, YOU INDICATE THAT YOU ACCEPT THESE TERMS. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 11 WHICH LIMITS OUR LIABILITY TO YOU.

1. Definitions

1.1    In these Terms the following words shall have the following meanings:

  • “App” means this mobile application known as ‘Everyday (formerly known as Twelve Pay)' which provides a platform for Users to place Orders and is owned by or licensed to Sodexo.
  • “Additional Terms” means the terms that apply to Promotions in addition to these Terms as brought to Your attention in the App from time to time.
  • "Intellectual Property Rights" means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, get ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world;
  • “Promotions” means the special programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions that We may make available on the App.
  • “Products” means the food and beverages available for the User to order and displayed and/or described via the App.
  • “Service(s)” means any service available through the App, as described under section “Services”.
  • “Site(s)” means the food and beverage outlet(s) where the User shall collect Orders.
  • “Sodexo” means Sodexo (Hong Kong) Limited, a company whose registered office is at Unit 801 8/F Skyway House, 3 Sham Mong Road, Tai Kok Tsui, Kowloon, Hong Kong.
  • “Stripe” means Stripe Payments Europe, Limited, a company registered in Ireland (company registration no: IE513174) whose registered office is at C/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, 662880, the payment provider.     
  • “Terms” – means these terms and conditions which set out the basis under which We make the App (called Everyday (formerly known as Twelve Pay)) available to Users, set out the conditions under which Users may use the App and the terms relating to any products offered via the App and orders made via the App.     
  • “Us”; “We”, or “Our” means Sodexo and its subsidiaries or supplier, insofar as it is concerned.  
  • “User(s)” means any person connecting to the App.
  • “You” or “Your” means any App User. 

2. Services

2.1  

2.2  


2.3



2.4
2.1 You must be 18 years of age or older to use the App and place Orders. Access to the App is permitted for personal use only.

2.2 Access to, and use of, the App is free of charge. You will need to set up a User account and provide the details outside in section 3.1 of these Terms.

2.3 Notwithstanding the provisions of sections 2.1 and 2.2, Sodexo does not guarantee availability nor uninterrupted or error free use of the App and shall not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness.

2.4 The App enables You to:
  •    a) Create, activate or modify a specific account.
  •    b) Access information linked to the Site(s) such as menus, nutrition and allergen information and Promotions.
  •    c) Access Your reward program if applicable on Your Site(s).
  •    d) Tailor the information You will have access to.
  •    e) Order and pay for food and beverages for click and collect at Site(s).

3. Registration

3.1




3.2
3.1 Before You can place an Order, You will need to register by opening an account by providing Your full name, a valid email address and a password of Your choice. Your email address must remain valid as long as Your account remains active and it is Your responsibility to promptly update it should it no longer be accurate or current. More generally, all personal information communicated to Us must always be promptly updated as soon as it stops being true, complete, accurate, or current.

3.2 Your password is confidential and You shall not communicate it to any third-party individual or website. You should immediately contact Us should You have reason to believe that Your password is being used by an unauthorized third party. You shall be liable for all actions taken with Your password as well as for any loss or liability consequential to such use. You accept that You are liable for any use of the Services, including Orders placed, if these are placed via Your account.

4. Products

4.1



4.2

4.3


4.4



4.5


4.6


4.7










4.8
4.1 We make every effort to provide an accurate description of the Products on the App, however, the User acknowledges and agrees that differences between the description of the Products on the App (photographs, Product description, compositions, colours, etc.) and the Products actually provided may occur.

4.2 We may delete, amend or update at any time the description or availability of the Products on the App.

4.3 The Products available on the App will vary from Site to Site and on the day You connect to the App since they reflect the Products available and the menu of the day, subject to the conditions below.

4.4 The Products are offered up to the limit of availability mentioned on the App.

Informative Content

4.5 Users may be able to access information linked to the Sites such as menus, nutrition and allergen information, Promotions, and to food more generally such as recipes.

4.6 Users must be aware that, due to supply issues, a gap might exist between the informative content linked to the food available at a Site and the food actually available at the said Site. Sodexo shall not be responsible for such gap.

4.7 With regards to allergens, the User must check they have all necessary information with regards to allergenic substances that might be contained in the Products offered at the Sites before placing an Order. Whilst We will take reasonable efforts to ensure that information published about allergens on the App is accurate, We provide no guarantees that Orders will be free from allergens or that the information contained in the App is complete with all allergen information. If You have an allergy, You must notify the Site when collecting Your Order and provide any information reasonably requested so that they can provide You with information regarding the ingredients of the Products that form Your Order. If the Site confirms when collecting Your Order that Products ordered do contain an allergen and this information was not available or was not reasonably obvious at the time of playing Your Order, then the Site will offer You an exchange or refund of Your Order and such exchange or refund shall be Your sole remedy in relation to such Order. Examples of allergens that should be reasonably obvious are wheat in bread, dairy in milkshakes or cream/yogurt based dishes, peanuts in satay or other nut based dishes. This list is not intended to be exhaustive and is for illustrative purpose only.

4.8 The User is aware that the information published on the App is linked to the 14 major allergens voluntarily introduced in the food as referenced by the Foods Standard Agency. Despite all the precautions taken, it is possible that one or more of these substances is present in the kitchens where the food is prepared causing accidental cross-contamination between dishes.

5. Orders

5.1



5.2




5.3
5.1 All the steps You must follow to place an Order are explained in the App. Once You have added the order to Your Cart, You can view the Cart and chose a payment option. Once the payment has been made this sends the order to be processed. Once it has been accepted it can no longer be cancelled.

5.2 We will send You an email once Your Order has been accepted by the Site to confirm Your Order and You will have a digital receipt on the App which is used to collect the order.

RIGHT OF WITHDRAWAL

5.3 The consumer right of withdrawal does not apply to goods made to the consumer's specifications or substantially personalised or which, given their nature, are likely to rapidly deteriorate or become outdated.

6. Prices and payment

6.1



6.2


6.3

6.4

6.5


6.6


6.7
6.1 The Product prices are displayed in the App in Hong Kong Dollars and include all applicable taxes at the date of placing the Order unless specified otherwise. Prices do not include any fees linked to the use of the electronic device from which You connected to the App and place Your Order and You are solely responsible for these charges.

6.2 The total price of Your Order will be displayed in the App at the time of placing the Order and You accept the price when You click the Payment. You will also be required to make payment in full for Your Order at this time.

6.3 We reserve the right to amend the prices of the Products offered on the App at any time.

6.4 Payment shall be made by You via the methods available on the App, via Stripe.

6.5 We will not be required to fulfil Your Order if You do not pay the full price and/or if Your payment is rejected for any reason. We may attempt to retake a failed payment, for example if this is due to a connection failure and the payment is queued.

6.6 Where We owe a refund or partial refund we will pay this within 5 working days of the decision being made that the sum should be refunded. This includes refunds of any payment credit.

6.7 We have the right to close Your account if, for any reason, You collected Products ordered through the App without paying their full price.

7. Reward programs and promotions

7.1


7.2



7.3

7.1 From time to time We may offer reward programmes to Users. Any such reward programmes shall be subject to separate terms and conditions and such terms and conditions shall be made available and/or their location signposted in the App.

7.2 From time to time, We may run promotional offers or bonuses for using the Services and details of such Promotions shall be made available via the App. Where a Promotion offers customers a bonus for submitting or completing a set number of Orders, You must not do anything in fulfilment of this Promotion which may be deemed fraudulent.

7.3 Where it is reasonably considered by Sodexo that You have acted in a manner that is otherwise than in accordance with section 7.2 above, Sodexo will notify You and, in its sole discretion, may withhold any promotional payment or discount and/or suspend or terminate Your access to the App.

8. User obligations

8.1  





 



8.2


8.1 In using the App, You shall:
  •    a) have sole responsibility for the legality, reliability, integrity, accuracy and quality of the information, materials, content and data You provide;
  •    b) agree to comply with all the provisions of the Terms, as well as any other applicable terms and conditions that may be brought to Your attention from time to time, at all times during Your use of the App;
  •    c) agree to be responsible for (and that Sodexo has no responsibility to You or to any third party for) any breach of Your obligations under the Terms and for the consequences of any such breach.
8.2 In using the App, You shall not:
  •    a) violate or infringe any applicable local, state, national or international law;
  •    b) collect, harvest, store, use or publish any third party’s personal data on the App;
  •    c) restrict, inhibit the use and enjoyment of the App by any other User or third party;
  •    d) misrepresent Your identity or affiliation with any other person or organization;
  •    e) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, infringing third party’s rights, vulgar, obscene, libellous, invasive of another's privacy, confidential, hateful, or racially or ethnically objectionable;
  •    f) impersonate any person or entity, falsely claim an affiliation with any person or entity;
  •    g) make available any unsolicited or unauthorized advertising, promotion or any other form of solicitation, or use the App other than for the Purpose;
  •    h) interfere or attempt to interfere with service to any User, host or network;upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, infringing third party’s rights, vulgar, obscene, libellous, invasive of another's privacy, confidential, hateful, or racially or ethnically objectionable;
  •    i) alter or modify any part of the App;
  •    j) attempt to probe, scan or test the vulnerability of App or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the servers or networks connected to the App;
  •    k) introduce any viruses (including any variant or similar malicious code of instructions), Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the App or any User’s computer or property of another;
  •    l) copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of or parts of the App or its related data (except User Content), software or applications, including but not limited to any Content (except User Content), in any medium without Sodexo's prior written authorization;
  •    m) disassemble, de-compile, reverse engineer, or otherwise attempt to discover or gain access to the source code of any part of the App or component, processes thereof. You also agree not to insert any code or product to manipulate the App in any way that affects other Users’ experience.

9. Contact us / Information / Complaint

9.1

9.1 You can contact Customer Support for any information, complaint or question via the App or email Twelve.HK@sodexo.com.  Or You can write to Our registered office. Any complaint should be raised where possible within 5 days of collection of Your Order.

10. Limitation of liability

10.1  


10.2  














10.3


10.4



10.5






10.6



10.7
10.1 Nothing in these Terms excludes or limits Sodexo’s liability for death or personal injury arising from Sodexo’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Hong Kong law.

10.2 To the fullest extent permitted by law, Sodexo shall not be liable, whether in tort, contract, misrepresentation (whether innocent or negligent), restitution or otherwise, for:
  •    a) any diminution in quality or appearance as a result of the User or their nominee not collecting the Order at the time specified in the Order confirmation or receipt;
  •    b) any collection by a third party who is not authorised by the User but has produced the Order confirmation or receipt;
  •    c) any indirect or consequential loss or for any losses arising as a result of business use of the App; or
  •    d) any liability arising under or in connection with:
  •                i) use of, or inability to use, the App and/or Services;
  •                ii) use of or reliance on any content displayed on the App;any liability arising under or in connection with:
  • iii) incompatibility of the App with any of Your electronic and/or mobile equipment, devices, software or telecommunications links; and
  •                iv) unsuitability, unreliability or inaccuracy of the App and/or the Services.
10.3 Subject to sections 10.1 and 10.2, Sodexo’s maximum liability to You whether in tort, contract, misrepresentation (whether innocent or negligent), restitution or otherwise for shall be limited to the price paid for the Order in connection with which the liability arose.

10.4 You must take the necessary measures to ensure the proper preservation of the Products after You collect them and to take appropriate measures if the Product appears unconsumable (for example You must not consume it and notify us as soon as possible). We shall not be held liable for any damages which may result from the negligence of the User after delivery/collection of the Order.

10.5 Each User assumes responsibility and risk for its use of the App, and for conclusions drawn from such use, and for its User content. The App is provided on an “as is” and on an “as available” basis. We accept no liability for any damage caused by errors or omissions in any information, User content, instructions or scripts provided by any User for use of the App, or any actions taken by Us at the User's direction; We make no warranty, and disclaim all responsibility and liability for, the availability, timeliness, reliability, quality of the App; all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Terms;

10.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your electronic and/or mobile equipment, computer programs, data or other proprietary material due to Your use of the App and/or the Services or to Your downloading of any content on it, or on any website linked to it.

10.7 We will not be held liable for the display of a wrong price or information in Your Order if such display is due to a computer bug or to an intrusion into Our IT systems. In such a case, and especially if the App displays identical prices for all Products or prices that are clearly wrong, We reserve the right to cancel any Order.

11. IT Security

11.1


11.2



11.3




11.4

11.5


11.6



11.7

11.8
11.1 Each User hereby acknowledges and understands, and continually affirms through its ongoing use of the App, that its use is solely at User’s own risk and subject to these Terms.

11.2 Each User hereby acknowledges that there will be occasions when the App will be interrupted for scheduled maintenance or upgrades or for emergency repairs. We will not be liable to You for any interruption or discontinuation of the App, or in case of loss of any content.

11.3 While Sodexo has endeavoured to create a secure and reliable App, the User acknowledges that confidentiality of any communication or material transmitted to/from the App over the Internet cannot be guaranteed. Accordingly, Sodexo is not responsible for (a) the security of any information transmitted via the Internet, or (b) the accuracy of the information contained on the App and provided by the user.

11.4 We shall have no liability for interruptions in internet.

11.5 We are not responsible or liable for and do not in any way warrant the availability of, access to, or use of the App, or that the App will be uninterrupted, without delay, error-free or omission free.

11.6 The App may contain links of third-party websites. Such sites are not under Our control, and We are not responsible for and do not endorse, recommend or sponsor their content, privacy policies (if any and/or the product(s), service(s), advice(s) described on these sites.

11.7 Payment security is provided by Stripe who are responsible for the security of the payment for the transaction.

11.8 The App is operated by Dynamify Limited (company number 09575041) with registered address at 20-22 Wenlock Road, London N1 7GU and hosted by Amazon Web Services.

12. Intellectual property

12.1




12.2

12.3


12.4


12.5
12.1 The App, including but not limited to the data, text, links, photographs, images, video, audio content, all compilations of information, any software programs, tools, applications and/or code, the selection and arrangement of the aforementioned and the “look and feel” of the App (collectively referred to as “Content”), is protected by intellectual property laws, including but not limited to copyright, trademark, patent, model and design, and proprietary rights.

12.2 Each User acknowledges and agrees that We own all Intellectual Property Rights in the App and its Content.

12.3 In using or accessing the App, You acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained on the App.

12.4 Unauthorized use of the App and the Content and materials contained on or available through the App may violate applicable intellectual property laws or other laws.

12.5 Any rights not expressly granted herein are reserved to Sodexo or its licensors, as applicable. Nothing in the Terms grants the User any rights to, or in, Content, patents, copyrights, designs, reports, analysis, concepts, confidential information and findings, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), computer programs, or source code and all documentation, including all moral rights, or any other or other proprietary material, rights or licences in respect of App or any related software and documentation. You will not alter, modify, erase, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels contained within the App and its related application or software.

13. Termination

13.1  


13.2  


13.3



13.4






13.5
13.1 These Terms (or any updates hereto) shall exist for an indefinite period of time. However, You may terminate Your agreement with us at any time by permanently deleting the App installed on any device and deactivating Your account.

13.2 Sodexo is entitled to terminate or suspend its provision of the Services to You and/or Your licence to use the App, with immediate effect, by disabling Your account or otherwise preventing You from accessing or using the App, at its sole discretion.

13.3 Any termination by Us of Your use of the App will occur without prejudice to any damages that may be claimed by Us to the User or their assigns and legal representatives in reparation for the injuries suffered by Us because of the User’s failures to comply with the Terms.

13.4 On termination for any reason:
  •    a) all rights granted to You under these Terms shall cease; and
  •    b) You must immediately cease all activities authorized by these Terms, including Your use of the App; and
  •    c) You must immediately delete or remove the App from all Your devices and certify to Us that You have done so.
Suspension or Modification

13.5 Sodexo reserves the right, at its sole discretion, to change, alter, suspend or indefinitely close the App and/or Your access to the Services. From time to time, Sodexo may also restrict access to some or all parts of the Services and/or the App.

14. Miscellaneous

14.1






14.2



14.3



14.4


14.5


14.6


14.7



14.8



14.9
14.1 We reserve the right to amend the Terms under which the App is made available to Users, upon notice, which may be given by Us posting such amendments on the App, by e-mail, or any other method as determined in Our discretion. A User’s continued use of App following notice of such amendments will be conclusively deemed acceptance of any changes to these terms and conditions. Each time You access the App, You must check for any updates to the Terms. For the avoidance of any doubt, if We have updated the Terms, this will be construed as notice to You. The placing of an Order by You shall be conclusive evidence that You have accepted any updates to the Terms.

14.2 No failure or delay by Sodexo to exercise any right or remedy provided in the Terms or by law shall constitute a waiver of that or any right or remedy, nor shall it preclude or restrict the further exercise of that or any right or remedy. No single or partial exercise of such remedy shall preclude or restrict the further exercise of that or any other right or remedy.

14.3 If any provision of these Terms is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the original intent, and the remainder of these Terms shall continue in full force and effect.

14.4 We may transfer our rights and obligations under these Terms to another organization, but this will not affect Your rights or our obligations under these Terms. You may not, however, transfer Your rights or obligations under these Terms to anyone.

14.5 These Terms may be amended, supplemented or updated at any time, in particular to comply with any legal, regulatory, case law or technical developments that may arise.

14.6 The content of the App and its features can be amended, deleted or updated at any time. We reserve the right to close the App down at any time.

14.7 Rights under these Terms only accrue to a person party to these Terms. Accordingly a person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Ordinance (Cap 623 - 1 January 2016). to enforce any of its terms or conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

14.8 These Terms, and any non-contractual obligations arising out of them, are governed and construed in accordance with the law of Hong Kong and any proceedings resulting out of these terms of use, and any non-contractual obligations arising out of them, the Privacy Policy, Services and/or the use of the App shall be held in the Courts of Hong Kong.

14.9 These Terms are without prejudice to Your statutory rights.

Terms and Conditions (Canada)

PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE APP OR PLACING ORDERS, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENTS AND ANY ORDER ARE SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. BY USING THE APP AND BY TICKING THE ACCEPTANCE BOX, YOU INDICATE THAT YOU ACCEPT THESE TERMS. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 11 WHICH LIMITS OUR LIABILITY TO YOU.

1. Definitions

1.1 In these Terms the following words shall have the following meanings:
  • “App” means this mobile application known as ‘Everyday (formerly known as Twelve Pay)’ which provides a platform for Users to place Orders and is owned by or licensed to Sodexo.
  • “Additional Terms” means the terms that apply to Promotions in addition to these Terms as brought to Your attention in the App from time to time.
  • "Intellectual Property Rights" means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, get ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world;
  • “Promotions” means the special programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions that We may make available on the App.
  • “Products” means the food and beverages available for the User to order and displayed and/or described via the App.§  “Service(s)” means any service available through the App, as described under section “Services”.
  • “Site(s)” means the food and beverage outlet(s) where the User shall collect Orders.
  • “Sodexo” means Sodexo Québec Limitée, a company registered in Quebec, Canada whose registered office is at 5523, rue Saint-Partrick, suite 300-302, Montréal H4E 1A8.
  • “Stripe” means Stripe Payments Europe, Limited, a company registered in Ireland (company registration no: IE513174) whose registered office is at C/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, 662880, the payment provider.  
  • “Terms” – means these terms and conditions which set out the basis under which We make the App (called Everyday (formerly known as Twelve Pay)) available to Users, set out the conditions under which Users may use the App and the terms relating to any products offered via the App and orders made via the App.
  • “Us”; “We”, or “Our” means Sodexo and its subsidiaries or supplier, insofar as it is concerned.
  • “User(s)” means any person connecting to the App.
  • “You” or “Your” means any App User.

2. Services

2.1 You must be 18 years of age or older to use the App and place Orders. Access to the App is permitted for personal use only.

2.2 Access to, and use of, the App is free of charge. You will need to set up a User account and provide the details outside in section 3.1 of these Terms.

2.3 Notwithstanding the provisions of sections 2.1 and 2.2, Sodexo does not guarantee availability nor uninterrupted or error free use of the App and shall not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness.

2.4 The App enables You to:
         (a) Create, activate or modify a specific account.
         (b) Access information linked to the Site(s) such as menus, nutrition and allergen information and Promotions.
         (c) Access Your reward program if applicable on Your Site(s).
         (d) Tailor the information You will have access to.
         (e) Order and pay for food and beverages for click and collect at Site(s).

3. Registration

3.1 Before you can place an Order, You will need to register by opening an account by providing Your full name, a valid email address and a password of Your choice. Your email address must remain valid as long as Your account remains active and it is Your responsibility to promptly update it should it no longer be accurate or current. More generally, all personal information communicated to Us must always be promptly updated as soon as it stops being true, complete, accurate, or current.

3.2 Your password is confidential and You shall not communicate it to any third-party individual or website. You should immediately contact Us should You have reason to believe that Your password is being used by an unauthorized third party. You shall be liable for all actions taken with Your password as well as for any loss or liability consequential to such use. You accept that You are liable for any use of the Services, including Orders placed, if these are placed via Your account.

4. Products

4.1 We make every effort to provide an accurate description of the Products on the App, however, the User acknowledges and agrees that differences between the description of the Products on the App (photographs, Product description, compositions, colors, etc.) and the Products actually provided may occur.

4.2 We may delete, amend or update at any time the description or availability of the Products on the App

4.3 The Products available on the App will vary from Site to Site and on the day You connect to the App since they reflect the Products available and the menu of the day, subject to the conditions below.

4.4 The Products are offered up to the limit of availability mentioned on the App.

Informative Content

4.5 Users may be able to access information linked to the Sites such as menus, nutrition and allergen information, Promotions, and to food more generally such as recipes.

4.6 Users must be aware that, due to supply issues, a gap might exist between the informative content linked to the food available at a Site and the food actually available at the said Site. Sodexo shall not be responsible for such gap.

4.7 With regards to allergens, the User must check they have all necessary information with regards to allergenic substances that might be contained in the Products offered at the Sites before placing an Order. Whilst We will take reasonable efforts to ensure that information published about allergens on the App is accurate, We provide no guarantees that Orders will be free from allergens or that the information contained in the App is complete with all allergen information. If You have an allergy, You must notify the Site when collecting Your Order and provide any information reasonably requested so that they can provide You with information regarding the ingredients of the Products that form Your Order. If the Site confirms when collecting Your Order that Products ordered do contain an allergen and this information was not available or was not reasonably obvious at the time of playing Your Order, then the Site will offer You an exchange or refund of Your Order and such exchange or refund shall be Your sole remedy in relation to such Order. Examples of allergens that should be reasonably obvious are wheat in bread, dairy in milkshakes or cream/yogurt based dishes, peanuts in satay or other nut based dishes. This list is not intended to be exhaustive and is for illustrative purpose only.

4.8 Despite all the precautions taken, it is possible that one or more allergens is present in the kitchens where the food is prepared causing accidental cross-contamination between dishes.

5. Orders

5.1 All the steps You must follow to place an Order are explained in the App. Once You have added the order to Your Cart, You can view the Cart and chose a payment option. Once the payment has been made this sends the order to be processed. Once it has been accepted it can no longer be cancelled.

5.2 We will send You an email once Your Order has been accepted by the Site to confirm Your Order and You will have a digital receipt on the App which is used to collect the order.

RIGHT OF WITHDRAWAL

5.3 The consumer right of withdrawal does not apply to goods made to the consumer's specifications or substantially personalized or which, given their nature, are likely to rapidly deteriorate or become outdated.

6. Prices and payment

6.1 The Product prices are displayed in the App in local currency and include all applicable taxes at the date of placing the Order unless specified otherwise. Prices do not include any fees linked to the use of the electronic device from which You connected to the App and place Your Order and You are solely responsible for these charges.

6.2 The total price of Your Order will be displayed in the App at the time of placing the Order and You accept the price when You click the Payment. You will also be required to make payment in full for Your Order at this time

6.3 We reserve the right to amend the prices of the Products offered on the App at any time.

6.4 Payment shall be made by You via the methods available on the App, via Stripe

6.5 We will not be required to fulfil Your Order if You do not pay the full price and/or if Your payment is rejected for any reason. We may attempt to retake a failed payment, for example if this is due to a connection failure and the payment is queued.

6.6 Where We owe a refund or partial refund we will pay this within 5 working days of the decision being made that the sum should be refunded. This includes refunds of any payment credit.

6.7 We have the right to close Your account if, for any reason, You collected Products ordered through the App without paying their full price.

7. Reward programs and promotions

7.1 From time to time We may offer reward programs to Users. Any such reward programs shall be subject to separate terms and conditions and such terms and conditions shall be made available and/or their location signposted in the App.

7.2 From time to time, We may run promotional offers or bonuses for using the services and details of such Promotions shall be made available via the App. Where a Promotion offers customers a bonus for submitting or completing a set number of Orders, You must not do anything in fulfilment of this Promotion which may be deemed fraudulent.

7.3 Where it is reasonably considered by Sodexo that You have acted in a manner that is otherwise than in accordance with section 7.2 above, Sodexo will notify You and, in its sole discretion, may withhold any promotional payment or discount and/or suspend or terminate Your access to the App.  

8. User obligations

8.1 In using the App, You shall:
         (a) have sole responsibility for the legality, reliability, integrity, accuracy and quality of the information, materials, content and data You                            provide;
         (b) agree to comply with all the provisions of the Terms, as well as any other applicable terms and conditions that may be brought to Your attention from time to time, at all times during Your use of the App;
          (c) agree to be responsible for (and that Sodexo has no responsibility to You or to any third party for) any breach of Your obligations under the Terms and for the consequences of any such breach.

8.2. In using the App, You shall not:
         (a) violate or infringe any applicable local, state, national or international law;
         (b) collect, harvest, store, use or publish any third party’s personal data on the App;
         (c) restrict, inhibit the use and enjoyment of the App by any other User or third party;
         (d) misrepresent Your identity or affiliation with any other person or organization;
         (e) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, infringing third party’s rights, vulgar, obscene, libelous, invasive of another's privacy, confidential, hateful, or racially or ethnically objectionable;
         (f) impersonate any person or entity, falsely claim an affiliation with any person or entity;
         (g) make available any unsolicited or unauthorized advertising, promotion or any other form of solicitation, or use the App other than for the Purpose;
         (h) interfere or attempt to interfere with service to any User, host or network;
         (i) alter or modify any part of the App;
         (j) attempt to probe, scan or test the vulnerability of App or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the servers or networks connected to the App;
        (k) introduce any viruses (including any variant or similar malicious code of instructions), Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the App or any User’s computer or property of another;
        (l) copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of or parts of the App or its related data (except User Content), software or applications, including but not limited to any Content (except User Content), in any medium without Sodexo's prior written authorization;
      (m) disassemble, de-compile, reverse engineer, or otherwise attempt to discover or gain access to the source code of any part of the App or component, processes thereof. You also agree not to insert any code or product to manipulate the App in any way that affects other Users’ experience.

9. Contact us / information / complaint

You can contact Customer Support for any information, complaint or question via the App. Or You can write to Our registered office. Any complaint should be raised where possible within 5 days of collection of Your Order.

10. Limitation of liability

10.1 Nothing in these Terms excludes or limits Sodexo’s liability for death or personal injury arising from Sodexo’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Canadian law.

10.2 To the fullest extent permitted by law, Sodexo shall not be liable, whether in tort, contract, misrepresentation (whether innocent or negligent), restitution or otherwise, for:
         (a) any diminution in quality or appearance as a result of the User or their nominee not collecting the Order at the time specified in the Order         confirmation or receipt;
         (b) any collection by a third party who is not authorized by the User but has produced the Order confirmation or receipt;
         (c) any indirect or consequential loss or for any losses arising as a result of business use of the App; or
         (d)  any liability arising under or in connection with:
                 (i) use of, or inability to use, the App and/or Services;
                 (ii) use of or reliance on any content displayed on the App;
                 (iii) incompatibility of the App with any of Your electronic and/or mobile equipment, devices, software or telecommunications links; and
                 (iv)unsuitability, unreliability or inaccuracy of the App and/or the Services.

10.3 Subject to sections 10.1 and 10.2, Sodexo’s maximum liability to You whether in tort, contract, misrepresentation (whether innocent or negligent), restitution or otherwise for shall be limited to the price paid for the Order in connection with which the liability arose.

10.4 You must take the necessary measures to ensure the proper preservation of the Products after You collect them and to take appropriate measures if the Product appears inconsumable (for example You must not consume it and notify us as soon as possible). We shall not be held liable for any damages which may result from the negligence of the User after delivery/collection of the Order.

10.5 Each User assumes responsibility and risk for its use of the App, and for conclusions drawn from such use, and for its User content. The App is provided on an “as is” and on an “as available” basis. We accept no liability for any damage caused by errors or omissions in any information, User content, instructions or scripts provided by any User for use of the App, or any actions taken by Us at the User's direction; We make no warranty, and disclaim all responsibility and liability for, the availability, timeliness, reliability, quality of the App; all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Terms;

10.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your electronic and/or mobile equipment, computer programs, data or other proprietary material due to Your use of the App and/or the Services or to Your downloading of any content on it, or on any website linked to it.

10.7 We will not be held liable for the display of a wrong price or information in Your Order if such display is due to a computer bug or to an intrusion into Our IT systems. In such a case, and especially if the App displays identical prices for all Products or prices that are clearly wrong, We reserve the right to cancel any Order.

11. IT security

11.1 Each User hereby acknowledges and understands, and continually affirms through its ongoing use of the App, that its use is solely at User’s own risk and subject to these Terms.

11.2 Each User hereby acknowledges that there will be occasions when the App will be interrupted for scheduled maintenance or upgrades or for emergency repairs. We will not be liable to You for any interruption or discontinuation of the App, or in case of loss of any content.

11.3 While Sodexo has endeavored to create a secure and reliable App, the User acknowledges that confidentiality of any communication or material transmitted to/from the App over the Internet cannot be guaranteed. Accordingly, Sodexo is not responsible for (a) the security of any information transmitted via the Internet, or (b) the accuracy of the information contained on the App and provided by the user.

11.4 We shall have no liability for interruptions in internet.

11.5 We are not responsible or liable for and do not in any way warrant the availability of, access to, or use of the App, or that the App will be uninterrupted, without delay, error-free or omission free.

11.6 The App may contain links of third-party websites. Such sites are not under Our control, and We are not responsible for and do not endorse, recommend or sponsor their content, privacy policies (if any and/or the product(s), service(s), advice(s) described on these sites.

11.7 Payment security is provided by Stripe who are responsible for the security of the payment for the transaction.

11.8 The App is operated by Dynamify Limited (company number 09575041) and registered address at 20-22 Wenlock Road, London N1 7GU and hosted by Amazon Web Services.

12. Intellectual property

12.1 The App, including but not limited to the data, text, links, photographs, images, video, audio content, all compilations of information, any software programs, tools, applications and/or code, the selection and arrangement of the aforementioned and the “look and feel” of the App (collectively referred to as “Content”), is protected by intellectual property laws, including but not limited to copyright, trademark, patent, model and design, and proprietary rights.

12.2 Each User acknowledges and agrees that We own all Intellectual Property Rights in the App and its Content.

12.3 In using or accessing the App, You acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained on the App.

12.4 Unauthorized use of the App and the Content and materials contained on or available through the App may violate applicable intellectual property laws or other laws.

12.5 Any rights not expressly granted herein are reserved to Sodexo or its licensors, as applicable. Nothing in the Terms grants the User any rights to, or in, Content, patents, copyrights, designs, reports, analysis, concepts, confidential information and findings, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), computer programs, or source code and all documentation, including all moral rights, or any other or other proprietary material, rights or licenses in respect of App or any related software and documentation. You will not alter, modify, erase, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels contained within the App and its related application or software.

13. Termination

13.1 These Terms (or any updates hereto) shall exist for an indefinite period of time. However, You may terminate Your agreement with us at any time by permanently deleting the App installed on any device and deactivating Your account.

13.2 Sodexo is entitled to terminate or suspend its provision of the Services to You and/or Your license to use the App, with immediate effect, by disabling Your account or otherwise preventing You from accessing or using the App, at its sole discretion.

13.3 Any termination by Us of Your use of the App will occur without prejudice to any damages that may be claimed by Us to the User or their assigns and legal representatives in reparation for the injuries suffered by Us because of the User’s failures to comply with the Terms.

13.4 On termination for any reason:
(a) all rights granted to You under these Terms shall cease; and
(b) You must immediately cease all activities authorized by these Terms, including Your use of the App; and
(c) You must immediately delete or remove the App from all Your devices and certify to Us that You have done so

13.5 Suspension or Modification
Sodexo reserves the right, at its sole discretion, to change, alter, suspend or indefinitely close the App and/or Your access to the Services. From time to time, Sodexo may also restrict access to some or all parts of the Services and/or the App.

14. Miscellaneous

14.1 We reserve the right to amend the Terms under which the App is made available to Users, upon notice, which may be given by Us posting such amendments on the App, by e-mail, or any other method as determined in Our discretion. A User’s continued use of App following notice of such amendments will be conclusively deemed acceptance of any changes to these terms and conditions. Each time You access the App, You must check for any updates to the Terms. For the avoidance of any doubt, if We have updated the Terms, this will be construed as notice to You. The placing of an Order by You shall be conclusive evidence that You have accepted any updates to the Terms.

14.2. No failure or delay by Sodexo to exercise any right or remedy provided in the Terms or by law shall constitute a waiver of that or any right or remedy, nor shall it preclude or restrict the further exercise of that or any right or remedy. No single or partial exercise of such remedy shall preclude or restrict the further exercise of that or any other right or remedy

14.3 If any provision of these Terms is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the original intent, and the remainder of these Terms shall continue in full force and effect.

14.4 We may transfer our rights and obligations under these Terms to another organization, but this will not affect Your rights or our obligations under these Terms. You may not, however, transfer Your rights or obligations under these Terms to anyone.

14.5 These Terms may be amended, supplemented or updated at any time, in particular to comply with any legal, regulatory, case law or technical developments that may arise.

14.6  The content of the App and its features can be amended, deleted or updated at any time. We reserve the right to close the App down at any time

14.7 These Terms, and any non-contractual obligations arising out of them, shall be governed and construed in accordance with the laws of the Province of Quebec, without regard to conflict-of-laws provisions. Sodexo makes no representation that the information in the App is
appropriate or available for use in other locations, and access to the App from territories where the content of the App may be illegal is prohibited. Those who choose to access the App from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any proceedings resulting out of these terms of use, and any non-contractual obligations arising out of them, the Privacy Policy, Services and/or the use of the App shall be held in the state and federal courts of the Province of Quebec

14.8 These Terms are without prejudice to any rights You may have under applicable law.

Contact us

Questions, comments and requests regarding these Terms should be sent by email to support@dynamify.com.

Last updated: 15th March 2021

Terms and Conditions (Ireland)

PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE APP OR PLACING ORDERS, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENTS and any order ARE SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. BY USING THE APP AND BY TICKING THE ACCEPTANCE BOX, YOU INDICATE THAT YOU ACCEPT THESE TERMS. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 11 WHICH LIMITS OUR LIABILITY TO YOU.

1. Definitions

1.1    In these Terms the following words shall have the following meanings:

  • “App” means this mobile application known as ‘Everyday (formerly known as Twelve Pay)’ which provides a platform for Users to place Orders and is owned by or licensed to Sodexo.
  • “Additional Terms” means the terms that apply to Promotions in addition to these Terms as brought to Your attention in the App from time to time.
  • "Intellectual Property Rights" means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, get ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world;
  • “Promotions” means the special programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions that We may make available on the App.
  • “Products” means the food and beverages available for the User to order and displayed and/or described via the App.
  • “Service(s)” means any service available through the App, as described under section “Services”.
  • “Site(s)” means the food and beverage outlet(s) where the User shall collect Orders.
  • “Sodexo” means Sodexo Ireland Limited, a company incorporated in Ireland with registration number 180309 and having it’s registered office at Temple House, 57 Temple Road, Blackrock, Co. Dublin
  • “Stripe” means Stripe Payments Europe, Limited, a company registered in Ireland (company registration no: IE513174) whose registered office is at C/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, 662880, the payment provider.     
  • “Terms” – means these terms and conditions which set out the basis under which We make the App (called Everyday (formerly known as Twelve Pay)) available to Users, set out the conditions under which Users may use the App and the terms relating to any products offered via the App and orders made via the App.     
  • “Us”; “We”, or “Our” means Sodexo and its subsidiaries or supplier, insofar as it is concerned.  
  • “User(s)” means any person connecting to the App.
  • “You” or “Your” means any App User. 

2. Services

2.1  

2.2  


2.3



2.4
2.1 You must be 18 years of age or older to use the App and place Orders. Access to the App is permitted for personal use only.

2.2 Access to, and use of, the App is free of charge. You will need to set up a User account and provide the details outside in section 3.1 of these Terms.

2.3 Notwithstanding the provisions of sections 2.1 and 2.2, Sodexo does not guarantee availability nor uninterrupted or error free use of the App and shall not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness.

2.4 The App enables You to:
  •    a) Create, activate or modify a specific account.
  •    b) Access information linked to the Site(s) such as menus, nutrition and allergen information and Promotions.
  •    c) Access Your reward program if applicable on Your Site(s).
  •    d) Tailor the information You will have access to.
  •    e) Order and pay for food and beverages for click and collect at Site(s).

3. Registration

3.1




3.2
3.1 Before You can place an Order, You will need to register by opening an account by providing Your full name, a valid email address and a password of Your choice. Your email address must remain valid as long as Your account remains active and it is Your responsibility to promptly update it should it no longer be accurate or current. More generally, all personal information communicated to Us must always be promptly updated as soon as it stops being true, complete, accurate, or current.

3.2 Your password is confidential and You shall not communicate it to any third-party individual or website. You should immediately contact Us should You have reason to believe that Your password is being used by an unauthorized third party. You shall be liable for all actions taken with Your password as well as for any loss or liability consequential to such use. You accept that You are liable for any use of the Services, including Orders placed, if these are placed via Your account.

4. Products

4.1



4.2

4.3


4.4



4.5


4.6


4.7










4.8
4.1 We make every effort to provide an accurate description of the Products on the App, however, the User acknowledges and agrees that differences between the description of the Products on the App (photographs, Product description, compositions, colours, etc.) and the Products actually provided may occur.

4.2 We may delete, amend or update at any time the description or availability of the Products on the App.

4.3 The Products available on the App will vary from Site to Site and on the day You connect to the App since they reflect the Products available and the menu of the day, subject to the conditions below.

4.4 The Products are offered up to the limit of availability mentioned on the App.

Informative Content

4.5 Users may be able to access information linked to the Sites such as menus, nutrition and allergen information, Promotions, and to food more generally such as recipes.

4.6 Users must be aware that, due to supply issues, a gap might exist between the informative content linked to the food available at a Site and the food actually available at the said Site. Sodexo shall not be responsible for such gap.

4.7 With regards to allergens, the User must check they have all necessary information with regards to allergenic substances that might be contained in the Products offered at the Sites before placing an Order. Whilst We will take reasonable efforts to ensure that information published about allergens on the App is accurate, We provide no guarantees that Orders will be free from allergens or that the information contained in the App is complete with all allergen information. If You have an allergy, You must notify the Site when collecting Your Order and provide any information reasonably requested so that they can provide You with information regarding the ingredients of the Products that form Your Order. If the Site confirms when collecting Your Order that Products ordered do contain an allergen and this information was not available or was not reasonably obvious at the time of playing Your Order, then the Site will offer You an exchange or refund of Your Order and such exchange or refund shall be Your sole remedy in relation to such Order. Examples of allergens that should be reasonably obvious are wheat in bread, dairy in milkshakes or cream/yogurt based dishes, peanuts in satay or other nut based dishes. This list is not intended to be exhaustive and is for illustrative purpose only.

4.8 The User is aware that the information published on the App is linked to the 14 major allergens voluntarily introduced in the food as referenced by the Foods Standard Agency. Despite all the precautions taken, it is possible that one or more of these substances is present in the kitchens where the food is prepared causing accidental cross-contamination between dishes.

5. Orders

5.1



5.2




5.3
5.1 All the steps You must follow to place an Order are explained in the App. Once You have added the order to Your Cart, You can view the Cart and chose a payment option. Once the payment has been made this sends the order to be processed. Once it has been accepted it can no longer be cancelled.

5.2 We will send You an email once Your Order has been accepted by the Site to confirm Your Order and You will have a digital receipt on the App which is used to collect the order.

RIGHT OF WITHDRAWAL

5.3 The consumer right of withdrawal does not apply to goods made to the consumer's specifications or substantially personalised or which, given their nature, are likely to rapidly deteriorate or become outdated.

6. Prices and payment

6.1



6.2


6.3

6.4

6.5


6.6


6.7
6.1 The Product prices are displayed in the App in pounds sterling and include all applicable taxes at the date of placing the Order unless specified otherwise. Prices do not include any fees linked to the use of the electronic device from which You connected to the App and place Your Order and You are solely responsible for these charges.

6.2 The total price of Your Order will be displayed in the App at the time of placing the Order and You accept the price when You click the Payment. You will also be required to make payment in full for Your Order at this time.

6.3 We reserve the right to amend the prices of the Products offered on the App at any time.

6.4 Payment shall be made by You via the methods available on the App, via Stripe.

6.5 We will not be required to fulfil Your Order if You do not pay the full price and/or if Your payment is rejected for any reason. We may attempt to retake a failed payment, for example if this is due to a connection failure and the payment is queued.

6.6 Where We owe a refund or partial refund we will pay this within 5 working days of the decision being made that the sum should be refunded. This includes refunds of any payment credit.

6.7 We have the right to close Your account if, for any reason, You collected Products ordered through the App without paying their full price.

7. Reward programs and promotions

7.1


7.2



7.3

7.1 From time to time We may offer reward programmes to Users. Any such reward programmes shall be subject to separate terms and conditions and such terms and conditions shall be made available and/or their location signposted in the App.

7.2 From time to time, We may run promotional offers or bonuses for using the Services and details of such Promotions shall be made available via the App. Where a Promotion offers customers a bonus for submitting or completing a set number of Orders, You must not do anything in fulfilment of this Promotion which may be deemed fraudulent.

7.3 Where it is reasonably considered by Sodexo that You have acted in a manner that is otherwise than in accordance with section 7.2 above, Sodexo will notify You and, in its sole discretion, may withhold any promotional payment or discount and/or suspend or terminate Your access to the App.

8. User obligations

8.1  





 



8.2


8.1 In using the App, You shall:
  •    a) have sole responsibility for the legality, reliability, integrity, accuracy and quality of the information, materials, content and data You provide;
  •    b) agree to comply with all the provisions of the Terms, as well as any other applicable terms and conditions that may be brought to Your attention from time to time, at all times during Your use of the App;
  •    c) agree to be responsible for (and that Sodexo has no responsibility to You or to any third party for) any breach of Your obligations under the Terms and for the consequences of any such breach.
8.2 In using the App, You shall not:
  •    a) violate or infringe any applicable local, state, national or international law;
  •    b) collect, harvest, store, use or publish any third party’s personal data on the App;
  •    c) restrict, inhibit the use and enjoyment of the App by any other User or third party;
  •    d) misrepresent Your identity or affiliation with any other person or organization;
  •    e) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, infringing third party’s rights, vulgar, obscene, libellous, invasive of another's privacy, confidential, hateful, or racially or ethnically objectionable;
  •    f) impersonate any person or entity, falsely claim an affiliation with any person or entity;
  •    g) make available any unsolicited or unauthorized advertising, promotion or any other form of solicitation, or use the App other than for the Purpose;
  •    h) interfere or attempt to interfere with service to any User, host or network;upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, infringing third party’s rights, vulgar, obscene, libellous, invasive of another's privacy, confidential, hateful, or racially or ethnically objectionable;
  •    i) alter or modify any part of the App;
  •    j) attempt to probe, scan or test the vulnerability of App or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the servers or networks connected to the App;
  •    k) introduce any viruses (including any variant or similar malicious code of instructions), Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the App or any User’s computer or property of another;
  •    l) copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of or parts of the App or its related data (except User Content), software or applications, including but not limited to any Content (except User Content), in any medium without Sodexo's prior written authorization;
  •    m) disassemble, de-compile, reverse engineer, or otherwise attempt to discover or gain access to the source code of any part of the App or component, processes thereof. You also agree not to insert any code or product to manipulate the App in any way that affects other Users’ experience.

9. Contact us / Information / Complaint

9.1

9.1 You can contact Customer Support for any information, complaint or question via the App or email DigitalCustomerSupport.UKandIE@sodexo.com.  Or You can write to Our registered office. Any complaint should be raised where possible within 5 days of collection of Your Order.

10. Limitation of liability

10.1  


10.2  














10.3


10.4



10.5






10.6



10.7
10.1 Nothing in these Terms excludes or limits Sodexo’s liability for death or personal injury arising from Sodexo’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

10.2 To the fullest extent permitted by law, Sodexo shall not be liable, whether in tort, contract, misrepresentation (whether innocent or negligent), restitution or otherwise, for:
  •    a) any diminution in quality or appearance as a result of the User or their nominee not collecting the Order at the time specified in the Order confirmation or receipt;
  •    b) any collection by a third party who is not authorised by the User but has produced the Order confirmation or receipt;
  •    c) any indirect or consequential loss or for any losses arising as a result of business use of the App; or
  •    d) any liability arising under or in connection with:
  •                i) use of, or inability to use, the App and/or Services;
  •                ii) use of or reliance on any content displayed on the App; any liability arising under or in connection with:
  •                iii) incompatibility of the App with any of Your electronic and/or mobile equipment, devices, software or telecommunications links; and
  •                iv) unsuitability, unreliability or inaccuracy of the App and/or the Services.
10.3 Subject to sections 10.1 and 10.2, Sodexo’s maximum liability to You whether in tort, contract, misrepresentation (whether innocent or negligent), restitution or otherwise for shall be limited to the price paid for the Order in connection with which the liability arose.

10.4 You must take the necessary measures to ensure the proper preservation of the Products after You collect them and to take appropriate measures if the Product appears unconsumable (for example You must not consume it and notify us as soon as possible). We shall not be held liable for any damages which may result from the negligence of the User after delivery/collection of the Order.

10.5 Each User assumes responsibility and risk for its use of the App, and for conclusions drawn from such use, and for its User content. The App is provided on an “as is” and on an “as available” basis. We accept no liability for any damage caused by errors or omissions in any information, User content, instructions or scripts provided by any User for use of the App, or any actions taken by Us at the User's direction; We make no warranty, and disclaim all responsibility and liability for, the availability, timeliness, reliability, quality of the App; all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Terms;

10.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your electronic and/or mobile equipment, computer programs, data or other proprietary material due to Your use of the App and/or the Services or to Your downloading of any content on it, or on any website linked to it.

10.7 We will not be held liable for the display of a wrong price or information in Your Order if such display is due to a computer bug or to an intrusion into Our IT systems. In such a case, and especially if the App displays identical prices for all Products or prices that are clearly wrong, We reserve the right to cancel any Order.

11. IT Security

11.1


11.2



11.3




11.4

11.5


11.6



11.7

11.8
11.1 Each User hereby acknowledges and understands, and continually affirms through its ongoing use of the App, that its use is solely at User’s own risk and subject to these Terms.

11.2 Each User hereby acknowledges that there will be occasions when the App will be interrupted for scheduled maintenance or upgrades or for emergency repairs. We will not be liable to You for any interruption or discontinuation of the App, or in case of loss of any content.

11.3 While Sodexo has endeavoured to create a secure and reliable App, the User acknowledges that confidentiality of any communication or material transmitted to/from the App over the Internet cannot be guaranteed. Accordingly, Sodexo is not responsible for (a) the security of any information transmitted via the Internet, or (b) the accuracy of the information contained on the App and provided by the user.

11.4 We shall have no liability for interruptions in internet.

11.5 We are not responsible or liable for and do not in any way warrant the availability of, access to, or use of the App, or that the App will be uninterrupted, without delay, error-free or omission free.

11.6 The App may contain links of third-party websites. Such sites are not under Our control, and We are not responsible for and do not endorse, recommend or sponsor their content, privacy policies (if any and/or the product(s), service(s), advice(s) described on these sites.

11.7 Payment security is provided by Stripe who are responsible for the security of the payment for the transaction.

11.8 The App is operated by Dynamify Limited (company number 09575041) with registered address at 20-22 Wenlock Road, London N1 7GU and hosted by Amazon Web Services.

12. Intellectual property

12.1




12.2

12.3


12.4


12.5
12.1 The App, including but not limited to the data, text, links, photographs, images, video, audio content, all compilations of information, any software programs, tools, applications and/or code, the selection and arrangement of the aforementioned and the “look and feel” of the App (collectively referred to as “Content”), is protected by intellectual property laws, including but not limited to copyright, trademark, patent, model and design, and proprietary rights.

12.2 Each User acknowledges and agrees that We own all Intellectual Property Rights in the App and its Content.

12.3 In using or accessing the App, You acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained on the App.

12.4 Unauthorized use of the App and the Content and materials contained on or available through the App may violate applicable intellectual property laws or other laws.

12.5 Any rights not expressly granted herein are reserved to Sodexo or its licensors, as applicable. Nothing in the Terms grants the User any rights to, or in, Content, patents, copyrights, designs, reports, analysis, concepts, confidential information and findings, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), computer programs, or source code and all documentation, including all moral rights, or any other or other proprietary material, rights or licences in respect of App or any related software and documentation. You will not alter, modify, erase, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels contained within the App and its related application or software.

13. Termination

13.1  


13.2  


13.3



13.4






13.5
13.1 These Terms (or any updates hereto) shall exist for an indefinite period of time. However, You may terminate Your agreement with us at any time by permanently deleting the App installed on any device and deactivating Your account.

13.2 Sodexo is entitled to terminate or suspend its provision of the Services to You and/or Your licence to use the App, with immediate effect, by disabling Your account or otherwise preventing You from accessing or using the App, at its sole discretion.

13.3 Any termination by Us of Your use of the App will occur without prejudice to any damages that may be claimed by Us to the User or their assigns and legal representatives in reparation for the injuries suffered by Us because of the User’s failures to comply with the Terms.

13.4 On termination for any reason:
  •    a) all rights granted to You under these Terms shall cease; and
  •    b) You must immediately cease all activities authorized by these Terms, including Your use of the App; and
  •    c) You must immediately delete or remove the App from all Your devices and certify to Us that You have done so.
Suspension or Modification

13.5 Sodexo reserves the right, at its sole discretion, to change, alter, suspend or indefinitely close the App and/or Your access to the Services. From time to time, Sodexo may also restrict access to some or all parts of the Services and/or the App.

14. Miscellaneous

14.1






14.2



14.3



14.4


14.5


14.6


14.7



14.8



14.9
14.1 We reserve the right to amend the Terms under which the App is made available to Users, upon notice, which may be given by Us posting such amendments on the App, by e-mail, or any other method as determined in Our discretion. A User’s continued use of App following notice of such amendments will be conclusively deemed acceptance of any changes to these terms and conditions. Each time You access the App, You must check for any updates to the Terms. For the avoidance of any doubt, if We have updated the Terms, this will be construed as notice to You. The placing of an Order by You shall be conclusive evidence that You have accepted any updates to the Terms.

14.2 No failure or delay by Sodexo to exercise any right or remedy provided in the Terms or by law shall constitute a waiver of that or any right or remedy, nor shall it preclude or restrict the further exercise of that or any right or remedy. No single or partial exercise of such remedy shall preclude or restrict the further exercise of that or any other right or remedy.

14.3 If any provision of these Terms is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the original intent, and the remainder of these Terms shall continue in full force and effect.

14.4 We may transfer our rights and obligations under these Terms to another organization, but this will not affect Your rights or our obligations under these Terms. You may not, however, transfer Your rights or obligations under these Terms to anyone.

14.5 These Terms may be amended, supplemented or updated at any time, in particular to comply with any legal, regulatory, case law or technical developments that may arise.

14.6 The content of the App and its features can be amended, deleted or updated at any time. We reserve the right to close the App down at any time.

14.7 Rights under these Terms only accrue to a person party to these Terms. Accordingly a person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms or conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

14.8 These Terms, and any non-contractual obligations arising out of them, are governed and construed in accordance with the law of England and Wales and any proceedings resulting out of these terms of use, and any non-contractual obligations arising out of them, the Privacy Policy, Services and/or the use of the App shall be held in the Courts of England and Wales.

14.9 These Terms are without prejudice to Your statutory rights.

Términos y Condiciones (España)

LEA DETENIDAMENTE ESTOS TÉRMINOS ANTES DE UTILIZAR LA APP O REALIZAR PEDIDOS, YA QUE AFECTAN A SUS DERECHOS Y OBLIGACIONES LEGALES. EL ACCESO, USO Y NAVEGACIÓN DEL SITIO Y SUS CONTENIDOS Y CUALQUIER PEDIDO ESTÁN SUJETOS A ESTAS CONDICIONES Y A TODAS LAS LEYES Y REGLAMENTOS APLICABLES. SI UTILIZA LA APP Y MARCA LA CASILLA DE ACEPTACIÓN, USTED INDICA QUE ACEPTA ESTAS CONDICIONES. SE LE ADVIERTE ESPECÍFICAMENTE DE LA CLÁUSULA 10 QUE LIMITA NUESTRA RESPONSABILIDAD ANTE USTED.

1. DEFINICIONES

1.1    En estos Términos, las siguientes palabras tienen el significado que se explica a continuación:

2. SERVICIOS

2.1  

2.2  


2.3



2.4
2.1 Debe ser mayor de 18 años para utilizar la App y realizar Pedidos. El acceso a la aplicación solo está permitido para uso personal.

2.2 Acceder a la App y utilizarla es gratis. Deberá crear una cuenta de Usuario y proporcionar los datos que figuran en la sección 3.1 de estos Términos.

2.3 Sin perjuicio de las disposiciones de las secciones 2.1 y 2.2, Sodexo no garantiza la disponibilidad ni el uso ininterrumpido o libre de errores de la App y no asumirá responsabilidad por ningún daño, pérdida, reclamación, coste o gasto que sea resultado o consecuencia de un tiempo de inactividad programado o no programado, una falta de disponibilidad o lentitud.

2.4 Con la App podrá:
  •    a) Crear, activar o modificar una cuenta específica.
  •    b) Acceder a información vinculada al Sitio, como menús, información nutricional y sobre alérgenos y Promociones.
  •    c) Acceder a su programa de recompensas, si es aplicable a su Sitio.
  •    e) Adaptar la información a la que tendrá acceso
  •    c) Pedir y pagar la comida y las bebidas para hacer clic y recoger en el Sitio.

3. REGISTRO

3.1




3.2
3.1 Antes de que pueda realizar un Pedido, deberá registrarse abriendo una cuenta y proporcionando su nombre completo, una dirección de correo electrónico válida y una contraseña de su elección. Su dirección de correo electrónico debe seguir siendo válida mientras su cuenta permanezca activa y Usted es responsable de actualizarla rápidamente en caso de que deje de ser exacta o actual. De manera más general, toda la información personal que se nos comunique debe actualizarse siempre rápidamente en cuanto deje de ser verdadera, completa, exacta o actual.

3.2 Su contraseña es confidencial y no deberá comunicarla a ningún individuo o sitio web de terceros. Debe ponerse en contacto con Nosotros inmediatamente si tiene motivos para creer que su contraseña está siendo utilizada por un tercero no autorizado. Usted será responsable de todas las acciones realizadas con su contraseña, así como de cualquier pérdida o responsabilidad derivada de dicho uso. Usted acepta que es responsable de cualquier uso de los Servicios, incluidos los Pedidos realizados, si se hacen a través de su cuenta.

4. PRODUCTOS

4.1



4.2

4.3


4.4



4.5


4.6


4.7










4.8
4.1 Hacemos todo lo posible por proporcionar una descripción exacta de los Productos en la App; sin embargo, el Usuario reconoce y acepta que pueden producirse diferencias entre la descripción de los Productos en la App (fotografías, descripción del Producto, composiciones, colores, etc.) y los Productos realmente proporcionados.

4.2 Podremos eliminar, modificar o actualizar en cualquier momento la descripción o la disponibilidad de los Productos en la App.

4.3 Los Productos disponibles en la App variarán de un Sitio a otro y en el día en que Usted se conecte a la App, ya que reflejan los Productos disponibles y el menú del día, que dependen de las condiciones que figuran a continuación.

4.4 Los Productos se ofrecen hasta el límite de disponibilidad mencionado en la App.

Contenido informativo

4.5 Los usuarios podrán acceder a información vinculada a los Sitios, como menús, información nutricional y sobre alérgenos, Promociones y alimentos en general, como recetas.

4.6 Los usuarios deben ser conscientes de que, por cuestiones de suministro, puede existir un desfase entre los contenidos informativos vinculados a los alimentos disponibles en un Sitio y los alimentos realmente disponibles en dicho Sitio. Sodexo no será responsable de este desfase.

4.7 En cuanto a los alérgenos, el Usuario debe comprobar que dispone de toda la información necesaria en relación con las sustancias alergénicas que puedan contener los Productos ofrecidos en los Sitios antes de realizar un Pedido. Aunque haremos esfuerzos razonables para garantizar que la información publicada sobre los alérgenos en la App sea exacta, no garantizamos que los Pedidos no contengan alérgenos o que la información incluida en la App sea completa y contenga toda la información sobre alérgenos. Si tiene una alergia, deberá informar al Sitio al recoger su Pedido y proporcionar toda la información que se le solicite razonablemente para que puedan proporcionarle información sobre los ingredientes de los Productos que integran su Pedido. Si el Sitio confirma al recoger su Pedido que los Productos solicitados contienen un alérgeno y esta información no estaba disponible o no era razonablemente obvia en el momento de realizar su Pedido, el Sitio le ofrecerá un cambio o reembolso de su Pedido y dicho cambio o reembolso será su único recurso en relación con dicho Pedido. Algunos ejemplos de alérgenos que deberían ser razonablemente obvios son el trigo en el pan, los lácteos en los batidos o los platos con nata/yogur o los cacahuetes en el satay u otros platos con frutos secos. Esta lista no pretende ser exhaustiva y solo tiene carácter ilustrativo.

4.8 A pesar de todas las precauciones tomadas, es posible que haya uno o varios alérgenos en las cocinas donde se preparan los alimentos y que se produzca una contaminación cruzada accidental entre los platos.

5. PEDIDOS

5.1



5.2




5.3
5.1 Todos los pasos que debe seguir para realizar un Pedido se explican en la App. Después de añadir el pedido a su cesta, puede ver la cesta y elegir una opción de pago. Una vez realizado el pago, se envía el pedido para tramitarlo. Cuando se acepta, ya no puede cancelarse.

5.2 Le enviaremos un correo electrónico cuando el Sitio haya aceptado el Pedido para confirmarlo; dispondrá de un recibo digital en la App que se utiliza para recoger el pedido.

DERECHO DE DESISTIMIENTO

5.3 El derecho de desistimiento del consumidor no se aplica a los bienes fabricados según las especificaciones del consumidor o sustancialmente personalizados o que, dada su naturaleza, puedan deteriorarse rápidamente o quedar obsoletos.

6. PRECIOS Y PAGO

6.1



6.2


6.3

6.4

6.5


6.6


6.7
6.1 Los precios de los Productos se muestran en la App en la moneda local e incluyen todos los impuestos aplicables en la fecha de realización del Pedido, a menos que se especifique lo contrario. Los precios no incluyen ninguna tarifa relacionada con el uso del dispositivo electrónico desde el que se conectó a la App y realizó el pedido y Usted es el único responsable de dichos cargos.

6.2 El precio total de su Pedido se mostrará en la App en el momento de realizar el Pedido y Usted acepta el precio cuando hace clic en el Pago. También se le pedirá que pague todo el Pedido en ese momento.

6.3 Nos reservamos el derecho a modificar los precios de los Productos ofrecidos en la App en cualquier momento.

6.4 Deberá realizar el pago a través de los métodos disponibles en la App, mediante Stripe.

6.5 No estaremos obligados a cumplir con su Pedido si no paga el precio completo y/o si su pago se rechaza por cualquier motivo. Podremos intentar volver a realizar un pago fallido, por ejemplo, si se debe a un fallo de conexión y el pago está en cola.

6.6 En caso de que debamos un reembolso o un reembolso parcial, lo abonaremos en un plazo de 5 días laborables a partir de la decisión de realizar el reembolso. Esto incluye el reembolso de cualquier crédito de pago.

6.7 Tenemos derecho a cerrar su cuenta si, por cualquier motivo, Usted recogió los productos pedidos a través de la aplicación sin pagar su precio completo.

7. PROGRAMAS DE RECOMPENSAS Y PROMOCIONES

7.1


7.2



7.3

7.1 Ocasionalmente, podremos ofrecer programas de recompensas a los usuarios. Estos programas de recompensas estarán sujetos a términos y condiciones independientes; dichos términos y condiciones deberán estar disponibles en la App o su ubicación deberá estar indicada en la App.

7.2 Ocasionalmente, podremos realizar ofertas promocionales u ofrecer bonificaciones por utilizar los Servicios y los detalles de dichas Promociones estarán disponibles a través de la App. Cuando una Promoción ofrezca a los clientes una bonificación por presentar o completar un número determinado de Pedidos, Usted no deberá hacer nada para cumplir esta promoción que pueda considerarse fraudulento.

7.3 Cuando Sodexo considere razonablemente que Usted ha actuado de una manera que no se ajusta a la sección 7.2 anterior, Sodexo le informará de ello y, a su entera discreción, podrá retener cualquier pago o descuento promocional y/o suspender o terminar su acceso a la App.

8. OBLIGACIONES DEL USUARIO

8.1  





 



8.2


8.1 Cuando utiliza la App, Usted:
  •    a) asume responsabilidad exclusiva por la legalidad, fiabilidad, integridad, exactitud y calidad de la información, los materiales, el contenido y los datos que proporcione;
  •    b) se compromete a cumplir con todas las disposiciones de los Términos, así como con cualquier otro término y condición aplicable que se le comunique ocasionalmente, durante todo el tiempo que utilice la App;
  •    c) asume responsabilidad (y descarga a Sodexo de cualquier responsabilidad ante Usted o ante terceros) por cualquier incumplimiento de sus obligaciones en virtud de los Términos y por las consecuencias de cualquier incumplimiento.
8.2 Cuando utiliza la App, Usted no debe:
  •    a) violar o infringir ninguna ley local, estatal, nacional o internacional aplicable;
  •    b) recoger, recopilar, almacenar, utilizar o publicar datos personales de terceros en la App;
  •    c) restringir o inhibir el uso y disfrute de la App por parte de cualquier otro Usuario o tercero;
  •    d) falsear su identidad o afiliación con cualquier otra persona u organización;
  •    e) cargar, publicar, enviar por correo electrónico, transmitir o poner a disposición de otra manera cualquier contenido que sea ilegal, dañino, amenazante, abusivo, acosador, delictivo, difamatorio, que infrinja los derechos de terceros, vulgar, obsceno, calumnioso, que invada la privacidad de terceros, confidencial, que incluya mensajes de odio o que resulte ofensivo desde un punto de vista racial o étnico;
  •    f) suplantar a cualquier persona o entidad o reclamar falsamente una afiliación con cualquier persona o entidad;
  •    g) poner a disposición de los Usuarios cualquier tipo de publicidad, promoción o cualquier otra forma de solicitación no solicitada o no autorizada o utilizar la App para fines distintos de los previstos;
  •    h) interferir o tratar de interferir con el servicio de cualquier Usuario, host o red;
  •    i) alterar o modificar cualquier parte de la App;
  •    j) intentar averiguar, escanear o probar la vulnerabilidad de la App o de cualquier sistema o red asociados, violar las medidas de seguridad o autenticación sin la debida autorización o interferir o interrumpir los servidores o redes conectados a la App;
  •    k) introducir virus (como cualquier variante o código de instrucciones malintencionado similar), troyanos, gusanos, bombas de tiempo, cancelbots, archivos corruptos o cualquier otro software o programa similar que pueda deteriorar el funcionamiento de la App o el ordenador de cualquier Usuario o la propiedad de otro;
  •    m) copiar, reproducir, distribuir, transmitir, emitir, mostrar, vender, licenciar o explotar de otra manera cualquier parte o partes de la App o sus datos relacionados (excepto el Contenido del Usuario), el software o las aplicaciones, incluyendo, de manera enunciativa mas no limitativa, cualquier Contenido (excepto el Contenido del Usuario), en cualquier medio sin la autorización previa por escrito de Sodexo;
  •    m) desensamblar, descompilar, realizar ingeniería inversa o intentar descubrir u obtener acceso al código fuente de cualquier parte de la App o de sus componentes y procesos. También se compromete a no insertar ningún código o producto para manipular la App de forma que afecte a la experiencia de otros Usuarios.

9. CONTACTO/INFORMACIÓN/RECLAMACIÓN

9.1

9.1 Puede ponerse en contacto con el servicio de atención al cliente para obtener información, presentar reclamaciones o realizar preguntas a través de la App. También puede escribir a nuestro domicilio social. Cualquier reclamación deberá presentarse, siempre que sea posible, en un plazo de 5 días desde la recogida de su Pedido.

10. LIMITACIÓN DE RESPONSABILIDAD

10.1  


10.2  














10.3


10.4



10.5






10.6



10.7
10.1 En estos Términos no se excluye ni limita la responsabilidad de Sodexo por muerte o lesiones personales por su negligencia, fraude o tergiversación fraudulenta, ni cualquier otra responsabilidad que no pueda ser excluida o limitada por las leyes aplicables.

10.2 En la mayor medida permitida por la ley, Sodexo no será responsable, ya sea por agravio, contrato, tergiversación (tanto inocente como negligente), restitución o de otra manera, de:
  •    a) cualquier empeoramiento de la calidad o apariencia como resultado de que el Usuario o su persona designada no recojan el Pedido en el momento especificado en la confirmación o el recibo del Pedido;
  •    b) cualquier recogida por parte de un tercero que no haya autorizado el Usuario, pero que haya presentado la confirmación o el recibo del Pedido;
  •    c) cualquier pérdida indirecta o consecuente o de cualquier pérdida derivada del uso comercial de la App; o
  •    d) cualquier responsabilidad que surja de o en relación con:
  •                i) el uso o la imposibilidad de usar la App y/o los Servicios;
  •                ii) el uso o la dependencia de cualquier contenido mostrado en la App;
  • iii) la incompatibilidad de la App con cualquiera de sus equipos electrónicos y/o móviles, dispositivos, software o enlaces de telecomunicaciones; y
  •                iv) la falta de adecuación, falta de fiabilidad o inexactitud de la App y/o de los Servicios.
10.3 Con sujeción a lo dispuesto en las secciones 10.1 y 10.2, la responsabilidad máxima de Sodexo hacia Usted, ya sea por agravio, contrato, tergiversación (tanto inocente como negligente), restitución o de otra manera, se limitará al precio pagado por el Pedido respecto al cual surgió la responsabilidad.

10.4 Usted debe tomar las medidas necesarias para garantizar la correcta conservación de los Productos después de recogerlos y tomar las medidas adecuadas si el Producto no parece apto para su consumo (por ejemplo, no debe consumirlo y debe informarnos lo antes posible). No asumimos responsabilidad alguna por los daños que puedan derivarse de la negligencia del Usuario tras la entrega/recogida del Pedido.

10.5 Cada Usuario asume la responsabilidad y el riesgo de su uso de la App y de las conclusiones que se deriven de dicho uso, así como del contenido del Usuario. La App se proporciona "tal cual" y "según disponibilidad". No aceptamos ninguna responsabilidad por los daños causados por errores u omisiones en cualquier información, contenido del Usuario, instrucciones o guiones proporcionados por cualquier Usuario para el uso de la App o cualquier acción llevada a cabo por Nosotros bajo la dirección del Usuario. No ofrecemos ninguna garantía y renunciamos a toda responsabilidad por la disponibilidad, puntualidad, fiabilidad y calidad de la App. Todas las garantías, representaciones, condiciones y otros términos de cualquier tipo implícitos por ley o derecho consuetudinario quedan, en la medida máxima permitida por la legislación aplicable, excluidos de estos Términos.

10.6 No asumiremos responsabilidad alguna por cualquier pérdida o daño causado por un virus, un ataque de denegación de servicio distribuido u otro material tecnológicamente dañino que pueda infectar su equipo electrónico y/o móvil, programas informáticos, datos u otro material patentado debido a su uso de la App y/o los Servicios o a su descarga de cualquier contenido de ella o de cualquier sitio web vinculado a ella.

10.7 No asumiremos responsabilidad alguna por la visualización de un precio o información erróneos en su Pedido si dicha visualización se debe a un fallo informático o a una intrusión en nuestros sistemas informáticos. En tal caso y, sobre todo, si la App muestra precios idénticos para todos los Productos o precios que son claramente erróneos, nos reservamos el derecho de cancelar cualquier Pedido.

11. SEGURIDAD INFORMÁTICA

11.1


11.2



11.3




11.4

11.5


11.6



11.7

11.8
11.1 Por este medio, cada Usuario reconoce y entiende, además de afirmar continuamente a través de su uso continuado de la App, que el uso se realiza por cuenta y riesgo del Usuario y está sujeto a estas condiciones.

11.2 Por este medio, cada Usuario reconoce que habrá ocasiones en las que la App se interrumpirá para realizar tareas de mantenimiento o actualizaciones programadas o para realizar reparaciones de emergencia. No asumiremos responsabilidad alguna ante Usted por cualquier interrupción o interrupción de la App o en caso de pérdida de cualquier contenido.

11.3 Si bien Sodexo se ha esforzado por crear una App segura y fiable, el Usuario reconoce que no se puede garantizar la confidencialidad de cualquier comunicación o material transmitido a/desde la App por Internet. Por lo tanto, Sodexo no es responsable de (a) la seguridad de cualquier información transmitida a través de Internet o (b) la exactitud de la información contenida en la App y proporcionada por el Usuario.

11.4 No asumiremos responsabilidad alguna por las interrupciones de Internet.

11.5 No nos hacemos responsables ni garantizamos de ninguna manera la disponibilidad, el acceso o el uso de la App, ni que la App no sufra interrupciones, retrasos, errores u omisiones.

11.6 La App puede contener enlaces a sitios web de terceros. No controlamos dichos sitios y no somos responsables ni recomendamos o patrocinamos su contenido, políticas de privacidad (cuando las haya) y/o los productos, servicios o consejos descritos en esos sitios.

11.7 La seguridad de los pagos la proporciona Stripe, que es responsable de la seguridad del pago de la transacción.

11.8 La App la opera Dynamify Limited (número de empresa 09575041), con domicilio social en 20-22 Wenlock Road, Londres N1 7GU, y se aloja con Amazon Web Services.

12. PROPIEDAD INTELECTUAL

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12.1 La App, incluyendo, de manera enunciativa mas no limitativa, los datos, texto, enlaces, fotografías, imágenes, vídeo, contenido de audio, todas las compilaciones de información, cualquier programa de software, herramientas, aplicaciones y/o código, la selección y disposición de lo anterior y el aspecto de la App (en conjunto, el "Contenido"), está protegida por las leyes de propiedad intelectual, incluyendo, de manera enunciativa mas no limitativa, los derechos de autor, marcas, patentes, modelos y diseños y los derechos de propiedad.

12.2 Cada Usuario reconoce y acepta que Nosotros somos los propietarios de todos los Derechos de propiedad intelectual de la App y su Contenido.

12.3 Al utilizar o acceder a la App, Usted reconoce y acepta acatar todas las leyes de propiedad intelectual aplicables, así como cualquier aviso o restricción adicional que incluya la App.

12.4 El uso no autorizado de la App y del Contenido y los materiales incluidos en la App o disponibles a través de ella puede infringir las leyes de propiedad intelectual aplicables u otras leyes.

12.5 Todos los derechos no concedidos expresamente en este documento están reservados a Sodexo o a sus licenciatarios, según proceda. Ninguna disposición de los Términos concede al Usuario ningún derecho sobre el Contenido, las patentes, los derechos de autor, los diseños, los informes, los análisis, los conceptos, la información y los hallazgos confidenciales, los derechos sobre bases de datos, los secretos comerciales, los nombres comerciales, las marcas comerciales (registradas sin registrar), los programas informáticos o el código fuente y toda la documentación, incluidos todos los derechos morales, o cualquier otro material patentado, derechos o licencias con respecto a la App o a cualquier software y documentación relacionados. Usted no alterará, modificará, borrará, destruirá, ocultará o eliminará de ninguna otra manera los avisos o etiquetas de derechos de autor o de propiedad contenidos en la App y su aplicación o software relacionados.

13. RESCISIÓN

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13.1 Estos Términos (o sus actualizaciones) tendrán una vigencia indefinida. Sin embargo, Usted puede rescindir su contrato con Nosotros en cualquier momento eliminando de manera permanente la App instalada en cualquier dispositivo y desactivando su cuenta.

13.2 Sodexo tiene derecho a rescindir o suspender la oferta que hace de los Servicios a Usted y/o su licencia para usar la App, con efecto inmediato, deshabilitando su cuenta o impidiéndole de otra manera el acceso o uso de la App, a su entera discreción.

13.3 Cualquier rescisión por nuestra parte de su uso de la App se producirá sin perjuicio de los daños y perjuicios que podamos reclamar al Usuario o a sus cesionarios y representantes legales en reparación de los perjuicios sufridos por Nosotros a causa de los incumplimientos de los términos por parte del Usuario.

13.4 En caso de rescisión por cualquier motivo:
  •    a) todos los derechos que se le hayan concedido a Usted en virtud de estos Términos cesarán;
  •    b) deberá cesar inmediatamente de realizar todas las actividades autorizadas por estos Términos, incluyendo su uso de la App; y
  •    c) deberá eliminar inmediatamente la App de todos sus dispositivos y certificarnos que lo ha hecho.
Suspensión o modificación

13.5 Sodexo se reserva el derecho, a su entera discreción, de cambiar, alterar, suspender o cerrar indefinidamente la App y/o su acceso a los Servicios. De vez en cuando, Sodexo también puede restringir el acceso a algunas o todas las partes de los Servicios y/o la App.

14. MISCELÁNEA

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14.1 Nos reservamos el derecho a modificar los Términos bajo los cuales se ofrece la App a los Usuarios, previo aviso que podrá realizarse mediante la publicación de las modificaciones en la App, por correo electrónico o por cualquier otro método que determinemos a nuestra discreción. El uso continuado que un Usuario haga de la App tras el aviso de dichas modificaciones se considerará de forma concluyente como la aceptación de cualquier cambio en estos términos y condiciones. Cada vez que acceda a la App, deberá comprobar si hay actualizaciones de los Términos. Para evitar cualquier duda, si realizamos una actualización de los Términos, se interpretará como un aviso a Usted. La realización de un Pedido por parte de Usted será una prueba concluyente de que ha aceptado cualquier actualización de los Términos.

14.2 Si Sodexo no ejerce o se demora en el ejercicio de cualquier derecho o recurso de que disponga en virtud de los Términos o de la ley, ello no se considerará una renuncia a dicho derecho o recurso ni a ningún otro, ni impedirá ni limitará el futuro ejercicio de dicho derecho o recurso. El ejercicio puntual o parcial de tal recurso no impedirá ni limitará el ejercicio futuro del mismo o de cualquier otro derecho o recurso.

14.3 Si un juzgado o tribunal de la jurisdicción competente considera que alguna de las disposiciones de estos Términos es imposible de aplicar, dicha disposición se aplicará en la medida máxima permitida para que afecte a la intención original; los demás Términos seguirán teniendo pleno efecto y vigencia.

14.4 Podremos transferir nuestros derechos y obligaciones en virtud de estos Términos a otra organización, pero esto no afectará a sus derechos o a nuestras obligaciones en virtud de estos Términos. Sin embargo, Usted no podrá transferir a nadie sus derechos u obligaciones en virtud de estos Términos.

14.5 Estos Términos podrán modificarse, complementarse o actualizarse en cualquier momento, en concreto para ajustarse a las novedades legales, reglamentarias, jurisprudenciales o técnicas que puedan surgir..

14.6 El contenido de la App y sus características pueden modificarse, eliminarse o actualizarse en cualquier momento. Nos reservamos el derecho de cerrar la App en cualquier momento.

14.7 Estos Términos, así como las obligaciones no contractuales que de ellos se deriven, se regirán e interpretarán de conformidad con las leyes españolas., sin tener en cuenta las disposiciones sobre conflictos entre leyes. Sodexo no garantiza que la información de la App resulte adecuada o esté disponible para su uso en otros lugares y se prohíbe el acceso a la App desde territorios donde el contenido de la App pueda ser ilegal. Quienes decidan acceder a la App desde otros lugares lo hacen por iniciativa propia y son responsables de respetar todas las leyes locales aplicables. Cualquier procedimiento resultante de estos Términos de uso, así como cualquier obligación no contractual que se derive de ellos, de la Política de privacidad, de los Servicios y/o del uso de la App, se celebrará en los tribunales ordinarios de la ciudad de Madrid.

14.8 Estos Términos se entienden sin perjuicio de los derechos que Usted pueda tener en virtud de la legislación aplicable.

Última actualización: 3 de diciembre de 2020