TERMS OF SERVICE

Overview

NEVER EAT ALONE is the editor and host of the Workwell software, an application that grants access to services for individuals within a given building / company / district / alternative venue.

1. Objective

The general Terms of Service’s objective is to define the modalities and terms of use of the services offered by NEVER EAT ALONE (hereby referred to as the “Services”), as well as to define the rights and obligations of all participating parties.

Where appropriate, these terms may can be addressed by the terms of use of certain Services. In case of contradiction, the Service’s terms of use take precedence over these general conditions.

2. Service Operator

The Services shall be rendered by the NEVER EAT ALONE, SAS entity with a total capital of €1,000, registered at the RCS de PARIS under identification number 822 393 401, with headquarters located at 45 rue de Maubeuge 75009 Paris (hereby referred to as: “NEVER EAT ALONE”).

NEVER EAT ALONE may be contacted at the following:

Mailing address: 19 rue Eugène Flachat 75017 Paris

Email address: support@workwell.io

3. Application and Services Access

The Services shall be accessible, subject to the following restrictions:

- to any individual with full legal capacity to commit to these terms and conditions. Any natural person who does not have full legal capacity may only access the Application and its Services with the agreement of their legal representative;

- to any individual acting via an intermediary individual who is empowered to act on behalf of the former.

4. Accepting Terms of Service

The acceptance of the entirety of the Terms of Service is manifested by the creation and subsequent connection to an account within the Application. All exceptions to adherence shall be considered null and dismissed. Any User not wishing to abide by the Terms of Service should not make use of the Services.

5. Installation

5.1. The User must download the Application to gain access to the Services.

Use of the Application automatically triggers the opening of a personal account (hereby referred to as the “Account”), granting access to a personal space (hereby referred to as “Personal Space”) which allows the User to manage their own Services use under the design and technology developed by NEVER EAT ALONE that are deemed to be the most appropriate for the rendering of such Services.

5.2. The User may at any moment access their respective Personal Space.

The User commits to use the Services themself and to not allow any third party to use them in their place or on their behalf, except if all responsibility is taken by the User.

The User is also responsible for maintaining the confidentiality of their login details. The User should immediately contact NEVER EAT ALONE at the addresses outlined in Article 2 if they have reason to believe their account has been accessed in their name. The User acknowledges that in such an event NEVER EAT ALONE maintains the right to take all appropriate measures, with the understanding that NEVER EAT ALONE does not have the right to direct access to the User’s device.

6. Services Description

The Services group functionalities and available services rendered within the Workwell Application, allowing for a centralized services access for individuals within a given building / company / district / alternative venue.

The Workwell Application’s parameters, and therefore its Services, are comprised of the following:

• The central functionality of the platform, for example the user profile, the directory, the chat, and the list of accessible services.

• The integrated services developed by NEVER EAT ALONE, for example newsfeed, bulletin board and events.

• Access to the platform’s third party-developed integrated services. The usage of these services is governed by the general terms and conditions and the privacy policy of each third party relating to their respective services, for example Elior Sodexo, FoodCheri, John Paul, ActivCorner, etc. The use of these services may require additional information and authorizations (Eg: home address or telephone number), and occasionally User payment information (Eg: food delivery, concierge-enabled purchase).

7. Complimentary Services

The cost of Services is covered by the owner of the building / company / developer / investor / other party. The Services are then distributed free of charge to the User, except if partially or wholly billed back by the owner of the building / company / developer / investor / other User party.

The use of services requires the use of internet, for which the User is solely responsible for and is advised to be informed of the pricing of such services rendered by the User’s internet provider, as well as possible roaming charges if abroad.

8. Evidence

The User, developers and partners acknowledge and accept that the collection of data on NEVER EAT ALONE’s Application and systems are evidence of the reality of the operations intervened within the framework in the presents.

9. User Obligations

Whilst acknowledging all other obligations the User may be bound by, the User accepts the following obligations:

9.1. By using the Services, the User thereby commits to following all applicable laws and regulations, and not to infringe on the rights of the public and third parties.

The User is solely responsible for the good standing order of all formalities, namely administrative, fiscal and/or social and all contribution, tax or dues payments owed in relation to the usage of the Services. NEVER EAT ALONE shall not be held responsible for the payment of any of these charges.

9.2.The User acknowledges having familiarised themself with the Application Services’ characteristics and limitations, namely technical. The User is solely responsible for their own usage of the Services.

9.3.The User has been informed and accepts that the activation of the Services requires an Internet connection, and that the performance of those Services is entirely dependent on such an Internet connection, independent to NEVER EAT ALONE.

9.4.Where appropriate, the User is also solely responsible for the relationships formed with other Users within the Services, and for the information the User discloses to other Users within the Services. The User is responsible for exercising the appropriate levels of prudence and discernment in such communications. Moreover, the User commits to exercising politeness and courtesy in all exchanges with other Users.

9.5.The User commits to using the Services for strictly non-business related purposes.It is forbidden to cede, concede or transfer all or part of the Terms of Services to a third party in any way.

9.6.The user commits to supplying NEVER EAT ALONE all pertinent information required to successfully execute the Services. In general, the User commits to cooperating with NEVER EAT ALONE in order to achieve the shared objective of a successful execution of the Services.

9.7.Where appropriate, the User is solely responsible for all content (text, graphics, audiovisuals or others, including but not limited to the User’s profile description and image within the Application which is ultimately used within the Services (hereby referred to as “Content”).

NEVER EAT ALONE will not be held responsible for any aspect of Content.

The User commits to maintaining Content ruly, moral and orderly, and that all Content not infringe on any legislation or regulation, and in general does not endanger the reputation of NEVER EAT ALONE.

The User is forbidden from diffusing the following non-exhaustive list:

- pornographic, obscene, indecent, shocking or inappropriate Content, that could in any way be perceived as defamatory, harmful, racist, violent, xenophone or revisionist,

- counterfeited or plagiarised Content,

- Content that could be perceived as provocative for a third party,

- untruthful, cheating Content, or any suggestion proposing or promoting illicit, fraudulent or cheating activity,

- Content harmful for IT systems (such as virus, bugs, Trojan horses, etc.)

- and more generally Content susceptible to injure or be prejudicial to any third party in any manner or format.

9.8. The User acknowledges that the Services offer an additional solution but not an alternative to the solutions in place and that this solution shall not substitute these other means.

9.9. The User must take all measures necessary to save their data from the chat functionality of the Application, which is stored solely on the User’s device and which holds no copy.

10. User Guarantee

The User guarantees NEVER EAT ALONE against any complaints, actions and/or claims that NEVER EAT ALONE may suffer as a result of the User's violation of any of its obligations or guarantees under these general conditions.

The User commits to indemnifying NEVER EAT ALONE of all prejudice that could be experienced, and to pay all fees, charges and/or fines.

The User has the right to submit comments and suggestions to NEVER EAT ALONE, but authorized NEVER EAT ALONE to make use of these suggestions with no recourse.

11. Forbidden behaviour

11.1. It is strictly forbidden to use the Services for the following motives:

- to conduct activities of an illegal or fraudulent nature, or that threaten the rights or safety of a third party,

- to threaten the public order or violate enacted laws and regulations,

- to intrude in the IT systems of a third party, or any activity relating to subdue, control, interfere or intercept all or part of a third party IT system, to violate its integrity or security,

- the sending of unsolicited emails and/or commercial prospecting or solicitation,

- manipulations to improve the referencing of a third party service,

- help or incite the activities and acts described above under any form or manner,

- generally, all usage of Services for purposes other than those for which they were conceived.

11.2. The following are also strictly forbidden:

- all behaviour with the aim of interrupting, suspending, slowing or prohibiting the continuity of the Services in their intended fashion;

- all unauthorized intrusions or attempted intrusions in the NEVER EAT ALONE system;

- any hijacking of the Application system’s resources;

- all automated unauthorised usage (robots, crawlers, etc.);

- all acts aimed at imposing a disproportionate level of activity on the NEVER EAT ALONE Application’s system infrastructure;

- all attempts at breached security and authentication;

- all attempts to breach the financial, commercial or moral rights to NEVER EAT ALONE or the Users of its Application, and in general;

- all commercial publications, spam, unwanted messaging;

- all attempts at using services in order to dissuade virus or other malware code;

- all attempts to obtain the personal code of a given User;

- all non-observance of the Terms of Service

11.3. It is strictly forbidden to monetize, sell or concede all or a part of the access to Services or the Application, as well as the information hosted and/or shared within.

12. Breach Penalties

In the event of any of the terms within the Terms of Service being violated, or generally any infraction of the laws and regulations applicable to a given User, NEVER EAT ALONE reserves the rights to take the appropriate corrective measures, namely:

- to suspend or revoke access to the Services for the User, the perpetrator or the participant of the violation or infraction

- to erase all content put online by the Application as per Article 13.2;

- to publish all information deemed useful by NEVER EAT ALONE on the Application;

- alert all appropriate authorities;

- take legal action.

13. Responsibilities and guarantees of NEVER EAT ALONE

13.1. NEVER EAT ALONE commits to providing the Services with diligence and according to the regulations, providing the means for the outlines Services but reserving all obligation on the result, which is recognized and acknowledged by the Users.

13.2.NEVER EAT ALONE is not liable for the Content put online by each of the Services. NEVER EAT ALONE will not be responsible for any moderation, selection, verification or controlling of any kind of Content. NEVER EAT ALONE will only intervene in its role as a hosting supplier to allow for the transmission of this content to Users by their own personal information flows.

Consequently, NEVER EAT ALONE cannot be held responsible for the Content, developed by third parties, with all liability being held primarily with the developer of the Content in question.

Any contestable Content created by a third party may be the subject of a notification to NEVER EAT ALONE based on the procedures outlined in Article 6 I 5 of the law n° 2004-575 of 21 June 2004 “for confidence in the digital economy”, NEVER EAT ALONE reserving the right to take the measures outlined in Article 12.

NEVER EAT ALONE reserves the right to suspend the right to broadcasting Content if the Content has been found:

- to not longer be available;

- to not be in line with the strategy of the building / company / developer / investor / other party;

- to be violating or infringing on the laws of the country in which the Content is broadcast;

- to be the subject of User issue reports.

NEVER EAT ALONE will not be held responsible for the temporary or permanent unavailability of Content.

13.3. NEVER EAT ALONE declines all responsibility in the event of a loss of data in the User’s Personal Space, given that a User must save a copy of this data.

Given that User data is encoded and confidential and is only subject to partial, temporary and encrypted backups by NEVER EAT ALONE for the needs of the service, the User accepts that all deletion of their data is final, without recovery. Notwithstanding, the deletion of the Application will trigger a deletion of all chat data, with no option of recovery.

Usage data is systemically anonymous for all statistical analysis of the Application with the objective of improving the Application’s User experience.

13.4.NEVER EAT ALONE declines all responsibility in the event of a loss of the User’s password. Specifically, NEVER EAT ALONE declines all responsibility for all usage of this password by a third party user having been given access by the User.

In the event that the User’s password is correct and is not recognized by NEVER EAT ALONE, the User understands that any loss of password by the User is the User’s sole responsibility, without the possibility of recovery.

13.5.NEVER EAT ALONE commits to proceed with checks to the Application’s functionality and access. To this end, NEVER EAT ALONE reserves the rights to momentarily interrupt access to the Application for maintenance reasons. NEVER EAT ALONE will not be held responsible for temporary issues in access to the Application caused by external, force majeure, or telecommunication network reasons.

13.6.NEVER EAT ALONE does not guarantee to the Users that (i) the Services, permanently being studied for ways to enhance performance and progress, will be exempt of all errors, vices or faults, (ii) the Services, being standard and not proposed to address the specific requirements of a single User, will respond to an individual User’s needs and expectations.

13.7.Notably, NEVER EAT ALONE will not be held responsible for the temporary or permanent inaccessibility of a feed, with the transmission of such a flow being its developer’s responsibility. NEVER EAT ALONE reserves the rights to at any moment suspend the transmission and the possibility for a User to sign up for a feed from a developer when:

- the feed is not available;

- the feed is no longer in line with the strategy defined by the building / company / developer / investor / other party;

- the feed presents content in violation of the laws of a country in which NEVER EAT ALONE is present.

13.8. In all instances, liability towards NEVER EAT ALONE is limited solely to the damages experienced directly by the User

14. Intellectual Property

The systems, software, structure, infrastructures, databases and content of all nature (text, images, visuals, music, logos, brands, databases, etc.) used by NEVER EAT ALONE by the site are protected by all intellectual property laws and database producer laws in place. All disassembly, ungrouping, un-encrypting, extraction, reuse, copies and generally all acts of reproduction, representation, distribution and usage of any of of these elements in whole or in part, without the express permission of NEVER EAT ALONE, are strictly forbidden and may be subject to legal action.

15. Personal Data

NEVER EAT ALONE data privacy policies are outlined in the “PRIVACY POLICY” which the User is invited to familiarise themselves with on the website and within the Application.

From the moment the User opens a service developed by a third party within the Workwell application (eg Foodcheri, Karos, John Paul, etc.), they acknowledge and accept that NEVER EAT ALONE shares authentication data with this third party in order to provide them with the corresponding service.

16. Links and third party sites

NEVER EAT ALONE may not be held responsible for the uptime of internet sites or mobile applications utilized by third parties (including partners’) accessed through the Workwell platform.

NEVER EAT ALONE assumes no responsibility for the title of content, advertising, products and/or available services on such third party websites which are governed by their respective terms of service.

NEVER EAT ALONE is not responsible for the transactions between the User and a third party (including partners) occurring on the Workwell application and will not be party to any litigations with the third party concerning the delivery of products and/or services, guarantees, declarations and other obligations due by the third party.

Regarding Article L111-7 and D111-7, NEVER EAT ALONE is not a referencing platform: third party services on the platform are subject to a partner contract and the service offer (or editorial policy) is defined by the building / company / developer / investor / other party.

17. Duration of Services, Unsubscribe

The Services are subscribed to for a period linked to the duration of the contract between NEVER EAT ALONE and the building / company / developer / investor / other party responsible for the corresponding fees.

The Services may require the downloading and installation of updates proposing enhancements, additional functions, improvements and enrichments to the application and services.

The User can unsubscribe from the Services at any time by deleting the application.

Data is stored for the duration of the contract between NEVER EAT ALONE and the building / company / developer / investor / other party covering the associated fees, and maximum 13 months following the last usage of the Services by the User. After this date, the data associated to this User will be deleted from the NEVER EAT ALONE infrastructure.

Data stocking through usage logs, on an anonymous and non-identifiable basis, are not affected by this deletion.

18. Modifications

NEVER EAT ALONE reserves the rights to modify the Terms of Service at any time.

The User shall be informed of such modifications by all reasonable means.

Any User who does not accept the modified Terms of Service should unsubscribe from the Services based on the modalities foreseen above.

Any User using the Services after the enactment date of modified Terms of Service shall be assumed to have accepted the modifications.

19. Language

In the event of these Terms of Service being translated into a language other than French, in the event of contradiction or contesting the meaning of a term, French shall remain the definitive language version

20. Applicable law and jurisdiction

The Terms of Service are governed by French Law.

nbsp;In the event of a contesting of validity, interpretation and/or execution of the Terms of Service, the relevant parties shall defer to the Paris tribunals, except in the event of contradictory mandatory procedural guidances.

21. Beta Services

We will occasionally publish functionalities which are in the testing and evaluation stage. These services are referred to as “beta”, “preview”, “pre-release showing” or “evaluation” (or certain other terms to the same effect). It is important to note that such services may not perform as reliably as fully live services within the Application.

22. Enactment

The Terms of Service shall be enacted and applicable from the 25th of May 2018.