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.
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:
The Services shall be accessible, subject to the following restrictions:
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.
5.1 — 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.
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 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.
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.
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 duly, 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:
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.
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.
11.1 — It is strictly forbidden to use the Services for the following motives:
11.2 — The following are also strictly forbidden:
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.
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:
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:
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:
13.8 — In all instances, liability towards NEVER EAT ALONE is limited solely to the damages experienced directly by the User
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.
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.
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.
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.
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.
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
The Terms of Service are governed by French Law.
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.
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.
The Terms of Service shall be enacted and applicable from the 25th of May 2018.