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Terms and Conditions

Last Updated: August 14, 2020

The Sodexo website or application (both referred to hereinafter as the “Website”) has been designed for the purpose of providing information to its users.

Your access to and use of this Website indicates your irrevocable and unreserved acceptance of these Terms and Conditions.

All the provisions of these Terms and Conditions apply to all users. You should therefore review the Terms and Conditions each time you access, view and/or use the Website.

Payment

Some features of the Website, including, without limitation, the placing of orders, may require you to make payments. When paid by you, these payments are final and non-refundable, unless otherwise determined by Sodexo. Sodexo, in its sole discretion, may offer credits or refunds at our sole discretion, such as in the event of an error with your order or in the amounts you were charged.

Sodexo (or its authorized third-party providers) will charge, and you authorize them to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, Sodexo may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. Also, if you are a campus user and you opt to pay for a purchase with your stored-value card, on certain campuses, (i) Sodexo will charge such purchase to your stored-value card and will charge any applicable fees to the payment method on file with us, and (ii) you agree that Sodexo may be unable to refund a purchase to your stored-value card and may, in its discretion, provide a refund through an alternative method.

Sodexo reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time, and further reserves the right to consolidate or otherwise incorporate fees and/or surcharges into the prices listed. Sodexo may also, in its sole discretion, make Bite Rewards or other promotional offers with different features and different rates available to any or all of our users. Unless made available to you, these Bite Rewards and promotional offers will have no bearing on your obligation to pay the amounts charged. For more information on these offers, please see the “Bite Rewards” section below.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Payments and rewards made in connection with this Website may also be provided by a third-party provider and the provider may change based on the site location. Where these Terms and Conditions conflict with the third-party provider or with the payment processor’s payment terms, those third-party terms will govern.

BITE REWARDS

These Terms of Use apply to your access and participation in the Bite Rewards program. Any changes or modifications to these Terms of Use shall be effective immediately upon posting the revisions to the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Not all locations offer Bite Rewards, and this section of terms only apply where being offered.

Enrolling in Bite Rewards

The Bite Rewards ("Bite Rewards") program allows you to earn and/or receive Offers from Bite. Participation in Bite Rewards is limited to persons at least 13 years old and residing in the United States who download the Bite Mobile App (the “App”) and sign-up for a Bite Rewards account. Bite Rewards accounts are limited to one individual per account. Bite Rewards are valid only at participating Sodexo locations. To sign up for a Bite Rewards account, download the App to your Android or iPhone® device and follow the prompts to access account sign-up and/or sign-in page in the App. You will be required to provide the requested information, including, but not limited to, user name, password, name, and e-mail address. Sodexo may periodically request additional information to help us get to know you better. You agree to provide true and accurate information and to ensure that information provided by you is up-to-date and accurate. Communications with you will be made using contact information most recently provided by you. Sodexo is not responsible for your inability to receive or redeem Offers or other loss arising from your failure to provide and maintain accurate contact information.

Sodexo may send messages from time to time using the contact information provided by you. Such messages may include system updates, Bite Rewards confirmations, administrative announcements, special requests and the like and may be sent via notifications in the App, via e-mail, or communicated to you on a receipt or display at the time of use of your Bite Rewards account. Please read the Privacy Policy carefully to understand how Sodexo collects, uses and discloses information about customers and how to update or change your personal information and how we communicate with you.

Your participation in Bite Rewards is personal and non-transferable. Bite Rewards status and/or individual Bite Rewards may not be purchased, sold, bartered, brokered or otherwise transferred. There are no membership fees associated with Bite Rewards. Offers made via Bite Rewards are purely promotional offers. You agree that no portion of your payment for purchases qualifying for any Offer constitutes consideration paid for any Bite Reward offer.

Earning Bite Rewards

Bite Rewards are issued on a periodic basis. They are referred to as ‘Bite Rewards’ in the App but may appear with different descriptions from time to time. Upon signing up, you will receive notice via your Bite Rewards account of your current Offer. Once you activate a Bite Rewards account, you progress towards an Offer and may be eligible to receive special offers, from time to time. The number, type and frequency of Offers are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume and type of purchases at participating Sodexo locations, number of visits and frequency of visits to participating Sodexo locations, interaction with other Sodexo applications or promotions; or special offers made directly by Sodexo locations or the Bite App which may include ways to progress toward your next Offer via a special promotion. For Offers that are based on purchases, the following types of purchases at a participating Sodexo location qualify: (1) placing and completing a Mobile order for a qualifying purchase through the App, where applicable; (2) or completing a transaction at a participating Sodexo location and scanning the digital code linking to your Bite Rewards account at checkout.

You must use the App, or if placing an online order be signed into your Bite Rewards account, to complete the qualifying purchase or activity in order for that purchase or activity to count towards your progress to the next qualifying Offer. Benefits applied from any single qualifying purchase or activity may only be credited to one (1) Bite Rewards account. The qualifying purchase or activity will be applied to your Bite Rewards account after completion of the qualifying purchase or activity. In certain cases, it may take twenty-four (24) hours or more to be credited. Sodexo shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your Bite Rewards account.

Offers are promotional offers and may have certain restrictions including expiration dates and short, time-limited redemption periods. For free drink or food Offers, some restrictions apply, and items are subject to availability at specific, participating locations. All Offers must be redeemed prior to the stated expiration date to be valid. It is your responsibility to check your Bite Rewards account periodically for Offers and use the Offers prior to the stated expiration date.

Activities which allow progress towards Offers do not count towards and may not be combined with other programs. Activities tied to specific Offers must be fully completed and will only result in one Offer, regardless of the number of times the activity is performed. Partial Bite Rewards will not be issued.  Sodexo reserves the right to change, modify or update these Offers and the qualifying purchases and activities to progress to an Offer from time to time without notice. Sodexo is under no obligation to provide you with any particular number of Offer opportunities or special offers. Sodexo reserves the right to limit enrolment at any time.

Offers

Sodexo and participating Sodexo locations, in their sole and absolute discretion, may periodically offer the opportunity for additional Offers on particular transactions or special offers (“Special Offers”). Special Offers may also be distributed to you via the App or via e-mail or from time to time (based on the information you have in your Bite Rewards account). Special Offers may include periodic promotional offers on food, beverages and merchandise. You must have your App set to receive notifications and/or have opted-in to receive email communications in order to receive promotional and marketing offers. Special Offers may be customized based on your qualifying purchases and preferences. In certain events, Special Offers may require that you have location settings enabled for them to be distributed to your App. Please note that Sodexo and participating Sodexo locations may be unable to send these Special Offers to you if you have turned off your notifications or location settings in the App; if you have elected not to receive email communications from Sodexo; or if you have poor network connectivity. Special Offers may have certain restrictions including expiration dates and short, time-limited redemption periods. Special Offers are personal to you and cannot be shared, copied or transferred. You may be required to present your Bite Rewards account information at the participating Sodexo locations in order to redeem Special Offers. Read each offer carefully for specific details, limitations and restrictions.

To redeem an Offer, you must present the valid Offer in the App at a participating Sodexo location (for in-person transactions). Offers are subject to availability and limitations as may be imposed by Sodexo. Determinations regarding redemption of Offers are subject to the discretion of the participating Sodexo locations.
Once redeemed, the Offer will be indicated as redeemed in your Bite Rewards account. Updates to the status of Offers may take 24-48 hours or more to show up in your account. A list of current Offers is available under your Bite Rewards account. Offers have no cash value and are not redeemable for cash, gift certificates or gift cards. Offers are promotional and do not constitute property of any Bite Rewards account holder. Sodexo reserves the right to limit the redemption of specific Offers and limit the number of Offers available. Sodexo reserves the right to modify the number of qualifying purchases or transactions needed to receive specific Offers.

Cancellation; Termination

You may opt-out of Bite Rewards Offers at any time, for any reason by cancelling your Bite Rewards account. If you cancel your Bite Rewards account, any unredeemed Offers and/or progress towards other Offers will automatically expire and will no longer be available for redemption.
Upon cancellation, your Bite Rewards account shall immediately cease and you may no longer receive Offers or receive Bite Rewards benefits. Sodexo has no obligation to refund you for any unredeemed Offers or benefits following cancellation. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation.

Right of Termination

Sodexo reserves the right to suspend or terminate, at Sodexo’s sole and absolute discretion, any Bite Rewards account if Sodexo believes that the account holder has abused Bite Rewards privileges, has violated or acted inconsistently with these Terms of Use or applicable law or acted in a manner harmful to our interests. Sodexo further reserves the right to terminate a Bite Rewards account that has been inactive for a period of (1) year or more. You understand and agree that termination by Sodexo of a Bite Rewards account will result in in the cancellation of all Offers associated with that account and the inability to earn and/or redeem further Offers.

Sodexo reserves the right to terminate the Bite Rewards program, or any or all benefits under Bite Rewards, at any time, for any reason without providing electronic or written notice to you. In the event of such termination, at Sodexo’s election, Sodexo may allow you to redeem any outstanding valid and unexpired Offers at a participating Sodexo location until expiration of such Offers.

General Restrictions

Sodexo shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its Terms of Use and any decision it makes relating to termination or disabling of Bite Rewards program (including, but not limited to, cancellation of Offers) shall be final and binding. Should you object to any of these Terms of Use, or any subsequent modifications thereto, or become dissatisfied with Bite Rewards, your sole remedy is to discontinue participation in any Bite Rewards programs and properly cancel your account in the manner provided above.

INTELLECTUAL PROPERTY RIGHTS

Copyrights

All of the content available on the Website, notably photographs, written text, slogans, drawings, images, and animated sequences (with or without audio), as well as any and all intellectual creations integrated into the Website are owned by Sodexo or third parties which have authorized Sodexo to use them. Consequently, all the reproduction and representation rights related to such content are strictly reserved, and any reproduction or representation thereof is subject to the prior written permission of the Sodexo.

Any reproduction, representation, use, adaptation or modification – by any process or media – of all or part of the Website without the prior written permission of the Sodexo is strictly prohibited and would constitute an offence of copyright infringement.

Sodexo respects the intellectual property rights of others and we ask that you do the same. Please see our Copyright Policy.

Trademarks

The company names, brands and distinctive signs presented on the Website are protected under trademark law.

The Sodexo name and logo are trademarks registered by Sodexo. Other brands and trademarks that are referred to on the Website that bear a capital letter and are generally owned by Sodexo or other Sodexo companies or are licensed to be used by a Sodexo company, are also protected under trademark law.

Any brands or trademarks shown on the Website that are not owned by Sodexo are covered by a right of use license.

Any reproduction, representation, use, adaptation or modification of any of the above-mentioned brands and trademarks without the prior written permission of Sodexo is strictly prohibited and would constitute an offense of trademark infringement.

LINKING TO THE WEBSITE

The Website authorizes hypertext links pointing to its content, as long as such links adhere to Sodexo's linking policy, as follows:

  • when selected by a user, the link must display the website on a new full-screen window and not within a frame on the linking website (no deep-linking);
  • any link to the Website must be a text only link clearly marked "Sodexo Website"; and/or
  • the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Sodexo's names and trademarks. In particular, no website containing controversial, pornographic or racist content will be authorized to link to the Sodexo Website.

THIRD PARTY INFORMATION

Links to other websites operated by other entities are included as a convenience to you. Sodexo makes no representation regarding the content or accuracy of any other website, which you may access through this one. Sodexo is not responsible for the content found on other websites, which is linked from this page. The existence of these links on Sodexo's website does not imply endorsement, recommendation or sponsorship for any linked website or the services, products or advice described on the site. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s) and not Sodexo.

E-MAIL COMMUNICATIONS

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any information. With respect to any communications you make to Sodexo, including but not limited to questions, comments, suggestions, feedback, and the like (“Content”), you (i) understand and agree that Sodexo reserves the right to respond or not respond, in its discretion, to any questions submitted by you; (ii) understand and agree that such Content will be deemed non-confidential; (iii) agree not to submit Content that is infringing or that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with or otherwise adversely affect the operation of another’s computer, or surreptitiously intercept or expropriate any system, data or personal information; and (iv) grant to Sodexo the unrestricted and irrevocable right to use, copy, modify, publish, perform, transmit and display such Content via any media, and waive any moral rights you may have in such Content. Sodexo shall be free to use such Content, including any ideas, concepts, know-how, or techniques contained in such Content, for any reason whatsoever.

When you create an Account and provide your email address, we will periodically send you administrative e-mails, free newsletters, and e-mails that directly promote the use of ourWebsite or services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you administrative emails, including notices of any updates to our Terms or Privacy Policy. If you wish to opt out of administrative emails, you must delete your account entirely and cease use of the service.

FORWARD LOOKING STATEMENTS

Statements made on or contained in this Website or in documents referred to, are or may be forward looking statements.

Such statements reflect the views of Sodexo as of the date made with respect to future events and are subject to risks and uncertainties.

Actual results may differ from those expressed in such statements, depending on a variety of factors including future levels of industry demand and pricing; political stability and economic growth; development and use of innovative technology; actions of competitors; and natural disasters, wars and acts of terrorism.

Additional information, including information on factors that could cause actual results to differ materially from those in the forward-looking statements are contained in Sodexo’s latest published Annual Report and Accounts and other documents released by Sodexo from time to time. Sodexo disclaims any intention or obligation to update forward looking statements.

PROGRAMS AND PROMOTIONS

There may be times when we offer features, special programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (collectively, "Promotions") that have their own terms and conditions that apply in addition to these Terms and Conditions (“Additional Terms”). In those cases, unless otherwise stated in the Additional Terms, the Additional Terms specific to the Promotion will govern and control if and to the extent there is a conflict with these Terms and Conditions.

MOBILE APPS

In order to use or access the Website via a mobile application ("Mobile App") you must have a compatible mobile device.  Sodexo does not warrant that the Mobile App will be compatible with your mobile device. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. You agree that your access to the Mobile App shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.

LIMITATION OF LIABILITY

The information contained on this Website is not comprehensive and whilst we take all reasonable care to ensure that the information on this Website is accurate and up to date, the information has not been independently verified, and no representation or warranty, expressed or implied, is made as to its accuracy or completeness.

In no event will Sodexo, nor any of its subsidiaries, affiliates or officers, or any other person, accept any liability for any loss howsoever caused arising directly or indirectly from the use or inability to use this Website or the information thereon, even if Sodexo has been advised of such damages, and any such liability is hereby excluded. As some jurisdictions prohibit the exclusion or limitation of liability or consequential or incidental damages, the above limitation may not apply to you.

We make every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website, or any websites accessible through it, will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Website and screen out anything that may damage it. Sodexo shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using the Website.

REVISIONS TO THIS WEBSITE AND THIS TERMS AND CONDITIONS OF USE

Sodexo may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any content or activities available on this Website and any products or services offered through this Website. Sodexo may also, in its sole discretion, revise this Terms and Conditions of Use by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.

APPLICABLE LAW

Regardless of the place of performance, this Agreement and all matters relating to this Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.  Any action or proceeding arising out of or relating to this Agreement and the Contract Documents shall be brought and maintained exclusively in the courts of the Toronto, Ontario. Sodexo makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Sodexo Website from territories where the content of the Sodexo Website may be illegal is prohibited. Those who choose to access the Sodexo Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms and Conditions of Use and all documents incorporated herein by reference constitute the entire agreement between Sodexo and you with respect to the Sodexo Website. If any part of these Terms and Conditions of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

CONTACT INFORMATION

If you have any questions about these Terms and Conditions of Use, please contact us at:

For the Bite by Sodexo: Biteplusdeployment.usa@sodexo.com.

For the Bite by Sodexo - Universities Application: BiteDeploymentUNI.USA@sodexo.com.

For Bite.sodexo.com: Biteplusdeployment.usa@sodexo.com.