Terms and Conditions of Use

 Effective date: May 13th, 2019

Purpose

  • These Terms and conditions of use (the “Terms”) will set out the terms and conditions under which Sodexo makes available to the Users (as defined below) access to a web platform that is accessible via the following link: www.sodexo-ventures.com (hereinafter the “Platform”).
  • By using the Platform, You (as defined below) understand and agree to comply with the Terms. We may prevent You from using the Platform without notice in the case of any violation of the Terms.
  • The Platform is published and operated by Sodexo S.A, a limited company (“Société Anonyme”) with a share capital of 589 819 548 euros, registered in the Trade and Company registry of Nanterre, under number 301 940 219 with registered address at 255 Quai de la Bataille de Stalingrad 92130 Issy-les-Moulineaux, France, email: sodexo-ventures@sodexo.com, phone number: +33 (0)1 30 85 75 00. The publication director is Denis Machuel, Chief Executive Officer.
  • The Platform is hosted on Microsoft (Azure) Microsoft Ireland Operations Ltd. One Microsoft Place South County Business Park Leopardstown Dublin 18 D18 P521. Hosting management is operated LINKBYNET, a company with a share capital of 422 732,40 euros, registered in the Trade and Company registry of Bobigny under number 430 359 927, phone number: +33 (0)1 48 13 00 00 Fax : +33 (01)1 48 13 31 21.
  • The Terms may be amended, supplemented or updated, in particular to comply with any legal, regulatory, case law or technical developments that may arise. Your continued use of the Platform after such amendment(s) has/have been published on the tool, will be conclusively deemed acceptance of any changes to these Terms.
  • You acknowledge and understand, and continually affirm through your ongoing use of the Platform, that Your use of the Platform is solely at Your own risk and subject to these Terms.

DEFINITIONS

  • Confidential Information” means all and any commercial, financial, marketing, technical or other information, personal data, know-how, trade secrets, in any form (text, sound, software, image or video files and all derivatives of such data), or medium belonging to (i) disclosed during Your potential discussions with Us after You completed the application form on the Platform or (ii) obtained under or in connection with 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 Platform, as set out under the section “Services”.
  • Sodexo Ventures” means the Sodexo venture capital fund.
  • Purpose” means accessing the Platform to make use of the Services described under the section “Services”.
  • Us”; “We”, or “Our” means Sodexo and its subsidiaries or supplier, insofar as it is concerned.
  • User(s)” means any person accessing the Platform;
  • User Content” means any content uploaded on the Platform by a User;
  • You” or “Your” means any User.

SERVICES

The Platform enables You to:

  • Access information on Sodexo Ventures;
  • Contact Sodexo Ventures;
  • Provide Sodexo Ventures with information related to Your company and Your collaboration project with Us via the sections “let’s partner” and/or “join our portfolio”

Application form

  • To send some information about Your company and Your collaboration project with Us via the Platform, You must:

 

– be legally capable of entering into a binding agreement;

– abide by all statutes and regulations in Your relevant country; and

– complete the application form with the information requested in the “let’s partner” and/or “join our portfolio”.

 

USER OBLIGATIONS

  • In using the Platform, 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 Platform;
  • 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 Platform, 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 Platform;
  • restrict, inhibit the use and enjoyment of the Platform 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 Platform other than for the Purpose;
  • interfere or attempt to interfere with service to any User, host or network;
  • alter or modify any part of the Platform;
  • attempt to probe, scan or test the vulnerability of Platform 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 Platform;
  • 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 Platform or any User’s computer or property of another;
  • copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of or parts of the Platform 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; and
  • disassemble, de-compile, reverse engineer, or otherwise attempt to discover or gain access to the source code of any part of the Platform or component, processes thereof. You also agree not to insert any code or product to manipulate the Platform in any way that affects other Users’ experience.

 

USER CONTENT

 

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

 

  • You have the right to publish such User Content and to grant Us the abovementioned licence on the User Content (whether by virtue of ownership of the intellectual property rights in such User Content or as a result of a license); and
  • Such User Content is accurate and truthful.

 

  • such User Content is not illegal in Your relevant country and according to the applicable law.

 

  • You grant Us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use the User Content in order for Us to contact You and work on our potential collaboration.

 

INTELLECTUAL PROPERTY

  • The Platform, 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 Platform, 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.

 

  • Each User acknowledges and agrees that We own all intellectual property rights in the Platform and the Content (excluding User Content).

 

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

 

  • Unauthorized use of the Platform and the Content and materials contained on or available through the Platform 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 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 Platform 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 Platform and its related application or software.

 

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 Platform, and for conclusions drawn from such use, and for Your User Content. The Platform 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 any User for use of the Platform, 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 Platform; 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 these Terms;

 

  • 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 application form(s) sent by You and shall not be liable for any direct or indirect damage in the event We do not respond to a User contact request / application form.

 

  • Each User hereby acknowledges that there will be occasions when the Platform will be interrupted for scheduled maintenance or upgrades, for emergency repairs or in case of Internet interruptions. We will not be liable to You for any interruption or discontinuation of the Platform, or in case of loss of any Use Content.

 

  • You acknowledge that confidentiality of any communication or material transmitted to/from the Platform over the Internet cannot be guaranteed. Accordingly, We are not responsible for the security of any information transmitted via the Internet.

 

  • We are not liable for and do not in any way warrant that the Platform will be error-free or omission free.

 

  • The Platform may contain links of third-party websites. Such Platforms are not under our control, and We are not responsible for and do not endorse their content or their privacy policies (if any).

TERMINATION

  • We reserve the right to deny any User access to the Platform, the Content or any portion thereof, and to terminate these Terms if relevant. Termination will be effective immediately.

 

  • Such termination 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 User’s failures 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 Platform; and
  • You must immediately delete or remove the Platform from all Your devices, and certify to us that You have done so.

  

MISCELLANEOUS

 

  • 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. No waiver by Us of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

 

  • 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.