Terms and conditions of use

Effective date: may 2021

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR ACCESS TO, USE OF AND BROWSING OF THE APP AND ITS CONTENTS ARE SUBJECT TO THESE TERMS AND 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) a mobile application accessible via a smartphone or tablet (hereinafter the "App");
• the conditions under which You will access and use the App.
• The App is published and operated by QNIPS GmbH, with registered address at Alexanderstraße 3, 30159 Hannover. E-Mail: info@qnips.io. Phone.: 0511 – 165899-0
• Hosting is operated by QNIPS GmbH with registered address, Alexanderstraße 3, 30159 Hannover. E-Mail: info@qnips.io. Phone.: 0511 – 165899-0.
• 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 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.
• You acknowledge and understand that Your use of the App 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 App 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.
• “Service(s)” means any service available through the App, as described under section “Services”.
• “Site(s)” means the physical place(s) where You will benefit from the Services, as described on the App and selected by You.
• “Us”, “We”, or “Our” means Sodexo and its subsidiaries, 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 App
• “You” or “Your” means any App user.

Services

• The App is provided by Us to Our clients.
• The App is providing the Services as agreed in the contract between Our client and Us to facilitate the delivery of the Food services contracted.
• The App enables You, depending on Your Site(s), to:
  • Create, activate or modify a specific account.
  • Access information linked to the new and existing services (menus.) proposed on the Site.
  • Tailor the information You will have access to.
  • Access online shops.
  • Share instant feedback linked with your experience of the Site and the Services.
  • Answer surveys based on used services.
  • Order meals and pay online

Registration

• To access and use the App, You must abide by all applicable statutes and regulations in Your relevant country.
• Your account can be, depending on 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 App and, if needed:
  • Provide the user name that will be communicated and a password You will create when You first connect; or
  • Provide Your professional user name and password.
• created by You directly. To register and connect to this account, You must follow the instructions that will be mentioned on the App and, if needed:
  • Flash the appropriate code on the Site(s); and/or
  • Complete registration manually using Your company user name and a password You will define.
• If You connect to the App via Your professional user name and password, they must remain valid to enable the connection and You shall update them in case they are no longer. More generally, 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 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.

User obligations

• In using the App, You shall:
  • 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 App;
  • 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
  • maintain and procure the maintenance of the Confidential Information confidential and keep and procure the keeping of it secure and protected against theft, damage, loss or unauthorised access.
• In using the App, 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 App;
  • restrict, inhibit the use and enjoyment of the App 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, libellous, 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 App for other than for its purpose;
  • interfere or attempt to interfere with service to any App user;
  • alter or modify any part of the App;
  • 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;
  • 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;
  • copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part(s) 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 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 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.

Intellectual property

• 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, excluding User Content (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.
• You acknowledge and agree that We own all intellectual property rights in the App.
• You are granted a personal, revocable, non-exclusive, non-transferable license to access and use the App, conditional upon Your continued compliance with the Terms, as amended from time to time.
• 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. 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 App and the Content and materials contained on or available through the App 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 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.
• You acknowledge and agree that we might use Your name, surname and profile picture, as provided on the App, as required for the functionalities of the App to fully operate.

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 truthful and the publication of such User Content on the Application 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 other, 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 libellous 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 any information and images relating to Your personal statistics, occupation, location).
• You represent that Your User Content (whether or nor You are the creator of said User Content content) complies at all times (both when first submitted and throughout its accessibility on the App) with the Terms and all applicable laws.
• You shall be and remain fully responsible for the User Content You transmit or upload to the App.
• 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 App 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.

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 App that is in breach of these Terms, and for conclusions drawn from such use, and for Your User Content. The App 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 App 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 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 and/or of the internet, or in case of loss of any content.
• While have endeavoured to create a secure and reliable App, You acknowledge that confidentiality of any communication or material transmitted to/from the App over the Internet cannot be guaranteed. Accordingly, We are not responsible for the accuracy of the information contained on the App and provided by You.
• 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.

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 App or activities in connection with the App in breach of these Terms, the Client Contract or applicable law;
  • Your violation of these Terms;
  • Your violation of any applicable laws, 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 App, 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 App; and
  • You must immediately delete or remove the App from all Your devices.

Miscellaneous

• We reserve the right to amend the Terms, upon prior notice, which may be given by Us posting such amendments on the App, or any other method as determined in Our discretion. Your continued use of App following notice of such amendments will be conclusively deemed acceptance of any changes to these terms and conditions.
• Failure to insist on 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 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.
• 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.