Last updated: 12 September 2018
Sodexo Pass Sweden AB, registration number 556649-1444, Kungsgatan 54, 111 35 Stockholm (“Sodexo”) provides a service to measure employees well-being at work (“Weekli”). The contractual agreement between you as a user (hereinafter “you”, “your” or “The User”) and Sodexo, and your usage of Weekli are governed by this End User License Agreement (EULA).
By using Weekli, you accept this EULA and fully confirm that you understand the essence of the rights and obligations set forth under this EULA. If you don’t accept the EULA or breach the EULA in any aspect, you are not allowed to use Weekli.
2. Use of Weekli
The User is responsible for ensuring that the use of Weekli is in accordance with the guidance and instructions announced by Sodexo from time to time and always in accordance with the from time to time applicable EULA.
Your use of Weekli shall be in accordance with this EULA and you shall under no circumstances:
- use Weekli for any fraudulent or other illegal purpose;
- use Weekli to defame, abuse, harass, monitor, threat or otherwise offend someone or infringe this persons rights;
- disturb or use measures to disturb the operation of Weekli;
- transfer or introduce virus, worm, trojans or other harmful software or code, or otherwise hurt or adversely affect the functionality or accessibility of Weekli;
- investigate, amend, adapt, translate, reverse engineer, decompile or dismantle any part of Weekli, including, without limitation, its object code or source code;
- copy, reproduce, sell or otherwise exploit Weekli or its content; or
- remove any copyright notices, trademarks or other ownership rights from Weekli or material included in Weekli.
Sodexo reserves the right to, in its sole discretion and without prior notice, block Users who according to Sodexo abuse Weekli or its content, or otherwise act in breach of this EULA or applicable legislation.
Through this EULA the User is granted a personal, non-exclusive, non-transferable, non-sublicensable and limited right to use Weekli only in accordance with this EULA and for the purpose of answering questions asked through Weekli concerning your work situation.
The Users right to use Weekli requires that the User, in addition to this EULA, complies with any applicable third party terms and conditions. The User is required to ensure that the User has read and understood the information of from time to time applicable third party terms.
The trademarks, trade names or other characteristics owned or licensed by Weekli (the “Trademarks”) are protected by national and international trademark legislation. Any and all use of the Trademarks without prior consent from Sodexo is strictly prohibited.
The User agrees to immediately inform Sodexo regarding third party requirements based on the Users use of Weekli (or parts thereof) which constitutes an infringement of such third party rights.
Any and all content in Weekli is owned by Sodexo. Nothing in this EULA shall be interpreted or understood as a transfer of (neither wholly nor partially) any of Sodexo’s tangible property rights or intellectual property rights to the User.
4. Personal data
When using Weekli, Sodexo will process your personal data including so-called sensitive personal data. To access information about such processing of personal data, please see https://weekli.io/en/privacy-policy/.
5. Limitation of liability
Sodexo strives that Weekli shall be accessible at all times without interruption and that deficiencies and errors are corrected without undue delay. However, Sodexo do not give any guarantees, representations or declarations (neither expressed nor implied), including without limitation, guarantees that Weekli do not infringe any third party’s rights, integration or suitability for certain purposes. Moreover, Sodexo do not guarantee that Weekli is provided without interruption, disturbance or other kinds of errors, nor that any errors and deficiencies will be corrected. Weekli is provided “as is”, subject to any errors and deficiencies.
The User acknowledges and accepts that Weekli from time to time may be inaccessible due to planned or unplanned service stoppages, maintenance and/or updates.
Except when damage is caused by gross negligence or willful misconduct, Sodexo shall under no circumstances or by any other reason be liable to the Users for any direct or indirect damages, whether it is foreseeable or not.
6. Applicable legislation
The User accepts that Weekli may only be used for legitimate purposes and the User guarantees that all use of Weekli will be consistent with any applicable legislation. The User uses Weekli on its own initiative and its own liability. The User shall indemnify and hold harmless Sodexo regarding any and all third party claims directed to Sodexo resulting out of the User’s use of Weekli in breach of the provisions in this EULA or any applicable legislation.
Sodexo reserves the right to at any time in its sole discretion, in whole or in part, amend this EULA. If you do not accept this EULA, you are not entitled to use Weekli. Sodexo encourages you to continuously stay updated on the content of this EULA. You are expected to be aware of the from time to time applicable content of this EULA.
Sodexo assumes no liability for any possible implications that amendments in the EULA causes you. Moreover, Sodexo may at any point and without prior notice, in accordance with this EULA, block your access to Weekli.
8. Force majeure
Sodexo’s failure to fulfil its obligations shall not constitute a breach of Sodexo’s obligations in relation to you, if this failure is caused by fire, flood, earthquake, natural disaster, electricity problem, act of war, terrorism, riot, civil disobedience, strike, blockage, legal decision, delay or disturbance in Internet traffic and telecommunications, external failure or other reasons beyond Sodexo’s reasonable control. Sodexo assumes no liability whatsoever for consequences due to any cases of force majeure.
9. Application of the EULA
Unless otherwise is mutually agreed, this EULA constitutes the whole agreement between you and Sodexo and replaces any previously agreed terms, agreements and arrangements regarding the use of Weekli.
10. Applicable law and dispute resolution
By using Weekli you accept that Swedish law, without regard to its principles regarding conflict of laws, is applicable on all matters relating to your use of Weekli. Any and all disputes arising out of or in connection to your use of Weekli shall be finally settled by Swedish general court.