PLEASE READ THESE TERMS CAREFULLY BEFORE USING SODEXOMYWAY BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR ACCESS TO, USE OF AND BROWSING OF SODEXOMYWAY AND ITS CONTENTS ARE SUBJECT TO THESE TERMS, TO ALL APPLICABLE LAWS AND REGULATIONS AS WELL AS TO THE RELEVANT PROVISIONS OF THE CONTRACT BETWEEN SODEXO AND ITS CLIENT/SUPPLIER FROM WHOM YOU HAVE GAINED ACCESS (“CLIENT CONTRACT”).

Purpose

These Terms and conditions of use (the "Terms") will govern:

• the terms and conditions under which We make available to You (as defined below) this application accessible via a smartphone, computer or tablet (hereinafter the "SodexoMyWay"); and
• the conditions under which You will access and use the SodexoMyWay.

The SodexoMyWay is published and operated by Sodexo Operations, LLC, a Delaware limited company.

The 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.

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

You acknowledge and understand that Your use of the SodexoMyWay is subject to these Terms.

Definitions

• “Confidential Information“ means all and any commercial, financial, marketing, technical or other information, data (including personal data), know-how, trade secrets, in any form or medium (text, sound, software, image or video files and all derivatives of such data), belonging to or obtained under or in connection with Us, the SodexoMyWay or its use together with any copies, summaries of, or extracts from, such information in any form or medium or any part(s) of this information and which is designated as confidential or which is would be considered as confidential by a person acting reasonably.
• “Content” means any 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 SodexoMyWay, excluding User Content.
• “Service(s)” means any service available through the SodexoMyWay, as described under section “Services”.
• “Site(s)” means the physical place(s) in which You will benefit from the Services, as described on the SodexoMyWay and selected by You.
• “Us”; “We”, or “Our” means Sodexo and its subsidiaries or supplier, insofar as it is concerned.
• “User Content” means any content including without limitation any textual content, data, graphics, comment, image or video that You uploaded to the SodexoMyWay.
• “You” or “Your” means any SodexoMyWay user.

Services

• The SodexoMyWay is providing the Services as agreed in the Client Contract.
• The SodexoMyWay enables You, depending on Your Site(s) and the applicable Client Contract, to:
  • Create, activate or modify a specific account.
  • Access information linked to services available on Your Site (menus, events, onsite facilities, supplier location etc.).
  • Tailor the information You will have access to.
  • Order and pay online food from menus and access to the orders history.
  • Register for certain services (gym, events, etc.) proposed on the Site, if registration is required.
  • Access hotel booking and related services.
  • Access online shops.
  • Access Your loyalty program.
  • Login to Your Fitbit SodexoMyWay and add menu items to Your Fitbit account.
  • Share instant feedback linked with Your experience of the Site and the Services.
  • Answer surveys based on used Services.
  • Request facility management services.
  • Access reports and dashboards in order to follow and monitor activities and performance of services executed by Us (Depending on Your rights).

Registration

• To access and use the SodexoMyWay, You must abide by all applicable statutes and regulations in Your relevant jurisdiction.
• Your account can be, depending on the Client Contract and Your Site(s):
  • created by the company running the Site(s). To connect to this account, You must follow the instructions that will be mentioned on the SodexoMyWay and, if required:
  • Provide the username that will be communicated and a password You will create when You first connect; or
  • Provide Your professional username and password.
• created by You directly. To register and connect to this account, You must follow the instructions on the SodexoMyWay and, if required:
  • Flash the appropriate code on the Site(s); and/or
  • Complete registration manually using Your company username and a password You will define.
• If You connect to the SodexoMyWay via Your professional username and password, they must remain valid to enable the connection and You must update them if they are no longer valid. All personal information communicated to Us must always be promptly updated as soon as it stops being true, complete, accurate, or current.
• Your password is strictly confidential, and You shall not communicate it to any third-party individual or website. You should immediately contact Us if You believe that Your password is being compromised, especially in a way that Your account might be used by an unauthorized third party. You shall be liable for all actions taken using Your password.

User Obligations

In using the SodexoMyWay, You:

• have sole responsibility for the legality, reliability, integrity, accuracy and quality of the information, materials, content and data You provide;
• agree to comply with all the provisions of the Terms at all times during Your use of the SodexoMyWay;
• agree to be responsible for (and that We have 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; and
• shall maintain and procure the maintenance of the Confidential Information confidential and keep and procure the keeping of it securely and protected against theft, damage, loss or unauthorized access.

In using the SodexoMyWay, You shall not:

• violate or infringe any applicable local, state, national or international law;
• collect, harvest, store, use or publish any third party’s personal data on the SodexoMyWay;
• restrict, inhibit the use and enjoyment of the SodexoMyWay by any other user or third party;
• misrepresent Your identity or affiliation with any other person or organization;
• 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;
• impersonate any person or entity, falsely claim an affiliation with any person or entity;
• make available any unsolicited or unauthorized advertising, promotion or any other form of solicitation, or use the SodexoMyWay for other than for its purpose;
• interfere or attempt to interfere with service to any SodexoMyWay user;
• alter or modify any part of the SodexoMyWay;
• attempt to probe, scan or test the vulnerability of SodexoMyWay 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 SodexoMyWay;
• 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 SodexoMyWay or any user’s computer or property of another;
• copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part(s) of the SodexoMyWay or its related data (except User Content), software or applications, including but not limited to any Content (except User Content), in any medium without Our prior written authorization; and/or
• disassemble, de-compile, reverse engineer, or otherwise attempt to discover or gain access to the source code of any part of the SodexoMyWay or component, processes thereof. You also agree not to insert any code or product to manipulate the SodexoMyWay in any way that affects other users’ experience.

Intellectual Property

The SodexoMyWay, including the Content, is protected by intellectual property laws, including but not limited to copyright, trademark, patent, model and design, and proprietary rights.

You acknowledge and agree that We own all intellectual property rights in the SodexoMyWay and the Content, unless expressly stated otherwise in the Content.

You are granted a personal, revocable, non-exclusive, non-transferable license to access and use the SodexoMyWay, conditional upon Your continued compliance with the Terms, as amended from time to time.

In using or accessing the SodexoMyWay, You acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained on the SodexoMyWay. As such You shall not make use of any of the Content for any other purpose than non-commercial and personal use of the Content.

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

Any rights not expressly granted herein are reserved to Us or Our licensors, as applicable. Nothing in the Terms grant You 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 SodexoMyWay 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 SodexoMyWay and its related application or software.

We respect the intellectual property rights of others, and we ask that you do the same. Please see our Copyright Policy.

Permitted User

The Website is directed for use by both adults and minors. If You are under 18, you may use the Website only with parent or guardian permission.

Mobile Data

In order to use or access the SodexoMyWay You must have a compatible mobile device. We do not warrant that the SodexoMyWay will be compatible with Your mobile device. You may incur additional charges from Your wireless provider for using the SodexoMyWay. You agree that You are solely responsible for any such charges.

The SodexoMyWay may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the SodexoMyWay.

User Content

You hereby represent and warrant that in respect of any User Content:

• You have the right to publish such User Content (whether by virtue of ownership of the intellectual property rights in such User Content or as a result of the grant of a license to use and publish such User Content); and
• the User Content is accurate and true, and the publication of such User Content on the SodexoMyWay is not likely to bring Our reputation into disrepute or to infringe any third-party rights.

Such User Content:

• is not illegal in Your relevant country and according to the applicable law in any jurisdiction in which such User Content might reasonably be expected to be viewed and does not promote any illegal activity;
• does not promote racism, hatred or physical harm of any kind, is not prejudicial to the honor or reputation of others, does not incite discrimination, hate of any person or any group of persons because of their origin, sexual orientation, presumed membership or non-membership of a particular ethnic group, people, race or religion;
• does not contain libelous or otherwise untrue statements about any person (whether living or dead) and does not harass or advocate the harassment of any person;
• is not likely to cause offence to any viewer of such User Content; and/or
• is true and not misleading in all material respects (including without limitation to any information and images relating to Your personal statistics, occupation, location).

You represent that Your User Content (whether or not You are the creator of said User Content) complies at all times (both when first submitted and throughout its accessibility on the SodexoMyWay) with these Terms and all applicable laws.

You shall be and remain fully responsible for the User Content transmitted or uploaded to the SodexoMyWay.

You acknowledge that We do not exercise any control over (other than merely technical if necessary) and do not pre-screen the User Content and will not assume any liability for said User Content.

We shall be entitled, at Our sole discretion, to suspend or definitively remove any User Content without notice and without providing any reason.

Further, You acknowledge and agree that We may be required to provide information about the origin of any unlawful Content published and/or the occurrence of any unlawful activity occurring on the SodexoMyWay to any police or judicial authority in any country in which such User Content has been viewed and is illegal and You hereby irrevocably authorize Us to provide such information to such persons (on request or in our discretion) with reasonable notice.

Forward Looking Statements

Statements made on or contained in this SodexoMyWay or in documents referred to, are, or may be, forward looking statements.

Such statements reflect Our views as of the date made with respect to future events and are subject to risks and uncertainties.

Actual results may differ from those expressed in such statements, depending on a variety of factors including future levels of industry demand and pricing; political stability and economic growth; development and use of innovative technology; actions of competitors; and natural disasters, wars and acts of terrorism.

Additional information, including information on factors that could cause actual results to differ materially from those in the forward-looking statements are contained in Our latest published Annual Report and Accounts and other documents released by Us from time to time. We disclaim any intention or obligation to update forward looking statements.

Programs and Promotions

There may be times when We offer features, special programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (collectively, "Promotions") that have their own terms and conditions that apply in addition to these Terms (“Additional Terms”). In those cases, unless otherwise stated in the Additional Terms, the Additional Terms specific to the Promotion will govern and control if and to the extent there is a conflict with these Terms.

Limitation of Liability

Except as expressly and specifically provided in these Terms and to the fullest extent permitted by applicable law:

• You assume responsibility and risk for Your use of the SodexoMyWay that is in breach of these Terms, and for conclusions drawn from such use, and for Your User Content. The SodexoMyWay is provided on an “As Is” and “As Available” basis. We shall have no liability for any damage caused by errors or omissions in any information, User Content, instructions or scripts provided by You, or any actions taken by Us at Your direction provided that We will not implement any action that is in breach of applicable laws or contrary to the Terms and/or to the Client Contract. We shall not be liable whether in tort (including for breach of statutory duty), contract, misrepresentation (whether innocent or negligent), restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses, or pure economic loss, or for any special, indirect or consequential loss costs, or for any losses or damages whatsoever, charges or expenses however arising under these Terms.
• We are not bound by the service request(s) made through the SodexoMyWay that are in breach of these Terms, the Client Contract or applicable law; and/or are not included in the scope of services provided by Us under the Client Contract.

You hereby acknowledge that there will be occasions when the SodexoMyWay 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 SodexoMyWay and/or of the internet, or in case of loss of any content.

While We have endeavored to create a secure and reliable SodexoMyWay, You acknowledge that confidentiality of any communication or material transmitted to/from the SodexoMyWay over the Internet cannot be guaranteed and may be out of Our control.

The SodexoMyWay may contain links to mobile applications and/or websites operated by third-parties. Such apps/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) they provide access to.

Indemnification

We shall not be liable for any loss, liability, claim, demand, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to:

• Your use of the SodexoMyWay or activities in connection with the SodexoMyWay in breach of these Terms, the Client Contract or applicable law;
• Your breach of these Terms;
• Your violation of any applicable laws, or Our rights or any third party’s rights; and/or
• Information or material transmitted through Your computer that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person.

Termination

We reserve the right to deny You and/or any user access to the SodexoMyWay, the Content or any portion thereof, and to terminate Your account and/or these Terms if relevant.

Such termination will occur without prejudice to any damages that may be claimed by Us to You or Your assigns and legal representatives in reparation for the injuries suffered by Us because of Your failure(s) to comply with the Terms.

On termination for any reason:

• All rights granted to You under these Terms shall cease;
• You must immediately cease all activities authorized by these Terms, including Your use of the SodexoMyWay; and
• You must immediately delete or remove the SodexoMyWay from all Your devices.

Applicable Law

These Terms shall be governed and construed in accordance with the laws of the State of Maryland USA, without regard to conflict-of-laws provisions. We make no representation that the information in the SodexoMyWay is appropriate or available for use in other locations, and access to the SodexoMyWay from territories where the content of the SodexoMyWay may be illegal is prohibited. Those who choose to access the SodexoMyWay from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms constitute the entire agreement between Us and You with respect to the SodexoMyWay. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Miscellaneous

• We reserve the right to amend the Terms under which the SodexoMyWay is made available to You, upon prior notice, which may be given by Us posting such amendments on the SodexoMyWay, by e-mail, or any other method as determined in Our discretion. Your continued use of SodexoMyWay following notice of such amendments will be conclusively deemed an acceptance of any changes to such amended terms and conditions.
• Failure to comply with strict performance of any of these Terms by Us will not operate as a waiver of any subsequent default or failure of performance.
• If any provision of these Terms is held unenforceable by a court 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.
• 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.

Contact Information

If you have any questions about these Terms, please contact us at webcommunications.usa@sodexo.com