TERMS OF USE OF THE Andjoy PROGRAMME

I. DEFINITIONS

Sodexo” – the company Sodexo Pass Bulgaria EOOD, UIC 131085380, VAT No BG131085380, with seat and registered address in Sofia 1766, district Mladost, neighbourhood “Mladost – 4”, 1 Business Park Sofia Str., building 12.

User”– is a natural person over the age of 18 years who, on the basis of a valid and active Subscription and by means of the Mobile Application, has the right to use the Services offered by the Partner in his Commercial Sites.

 “Andjoy Programme” – is a programme under which Sodexo provides an opportunity to Users to use Services offered by the Partners in their Commercial Sites.

Services” – services for fitness, wellness, recovery and recreation, health, entertainment and culture performed by the Partners in their Commercial Sites participating in the Programme, and detailed on the Website of the Programme.

Partner”- is a legal entity that provides certain Services in its Commercial Sites participating in the Programme.

Commercial Site” – is a specialized sports club or any other place, premises or facility in or from which sales of Services are carried out.

Visit” – one-day access (use) to one of the Services provided at the Commercial Site, at a time freely chosen by the User within the opening hours of the Commercial Site and in accordance with the Services’ schedule.

Mobile Application” – a mobile application named “Andjoy” that the User has the option to install on his/her own mobile device (smartphone) and that enables the User through its available functionalities to use the Services provided in the Commercial Sites participating in the Programme.

Website” or “Programme’s Website” – means the website of the Programme accessible at: www.andjoy.life

Subscription” – the right of a User to use the Services under the terms and conditions of the agreement concluded between his/her employer and Sodexo and/or, when appropriate – upon payment by the User to Sodexo of the relevant Subscription Fee through the Mobile Application or the Website.

II. SCOPE

1. These Terms of Use shall apply to all Users of the Programme and shall govern the respective obligations of Sodexo and of the Users when using the Programme. By checking the relevant checkbox in the Mobile Application or when registering on the Website, the User agrees to apply these Terms of Use in their entirety and confirms that he/she has read the Terms of Use and is committed to comply with them.

2. In relation with the implementation of the Programme, Sodexo shall provide the Users who have valid and active Subscriptions with the opportunity to use certain Services performed in the Commercial Sites and included in the Programme. The current list of Commercial Sites and available Services is accessible via the Mobile Application and is posted on the Website.

3. Sodexo offers and implements the Programme as a single product and not with regard to specific Commercial Sites or sports activities. If necessary, Sodexo may change the list of Commercial Sites and Services, and such change will become effective on the date of its announcement on the Website.

4. The participation in the Programme is permitted upon payment of a Subscription fee by the employer of the User and/or directly by the User. For the use of certain Services, the User may be invited to pay a complementary price in addition to the Subscription fee, which shall be the price indicated in the Mobile Application and/or the Programme’s Website.

II. USER’S REGISTRATION

5. In order to be able to use the Services under the Programme, the User is required to install the Mobile Application on his/her mobile device (smartphone) and to create a User’s profile by filling in all required fields with the required information. The User has the opportunity to download the Mobile Application from the Apple Store or from the Google Play Store free of charge.

6. The User has the possibility to manage his/her profile through the Mobile Application and through the Programme’s Website. The User is required to update his/her profile upon any changes of the information he/she has registered.

7. Upon his/her initial registration and afterwards upon any subsequent change to his/her registration, the User shall be obliged to enter accurate data, including accurate contact details. In the event that the User uses the Services under the Programme based on a contract concluded between his/her employer and Sodexo, the User shall enter the e-mail address specified to him/her by his/her employer. Incorrect or outdated data entered by the User may result in performance errors of the Mobile Application and inability of the User to use the Services under the Programme. Sodexo shall not be liable in the event the User is unable to use Services due to the User’s input of incorrect or obsolete data into his/her profile.

8. The User is entitled to change the settings of Sodexo’s electronic notifications, as well as to deny them.

9. The User may not grant third parties with access to his/her profile. The User is required to maintain the confidentiality of the password generated by the Mobile Application and/or the Website. In the event that the User becomes aware that a third party has gained access to his/her profile, the User shall immediately notify Sodexo. Any statements and orders made by any person through the User’s account will be deemed to have been made by the User himself.

10. Sodexo is a personal data controller within the meaning of the personal data protection legislation. Sodexo undertakes to process the personal data of the Users in compliance with all legal requirements and according to the company’s policies and privacy declarations published on the Website.

III. PURCHASE OF SUBSCRIPTIONS AND VISITS

11. Users may purchase Subscriptions or single Visits through the Mobile Application or the Website after creating the appropriate profile, by choosing a payment method and by entering all data required by the relevant electronic payment platform, in accordance with the instructions available at the Mobile Application/Website and at the electronic payment platform.

12. Under the conditions of the preceding paragraph, Users may also pay their part of the Subscription fee when Subscriptions are concluded to their benefit by their employers and when the activation of the Subscriptions is conditioned by the payment of a certain price (fee) by the Users. In this case, the Subscription is activated, respectively the Single Visit is permitted, when the User makes the payment.

13. The prices of the Subscriptions and Visits are those published on the Programme’s Website on the payment date or those explicitly agreed between Sodexo and the employer of the User. Sodexo has the right to change its price list unilaterally and without notice, and the amendment shall take effect from the date of its publishing on the Website. Price changes do not affect previously purchased monthly Subscriptions and the old prices will continue to apply until the expiration date of the respective monthly Subscription. By purchasing a new monthly Subscription or Visit after the effective date of the amended price list, the User shall be deemed to have agreed with the new amount of the prices.

14. If the User uses a rebate based on a promo code issued by Sodexo, after the expiry of the validity period of the promo code the standard prices of Sodexo will continue to apply in accordance with the previous paragraph.

15. In the event that the User wishes to purchase a Subscription or a single Visit through the Mobile Application, when creating his/her account or prior to the purchase the User shall choose a payment method and shall register the information required by the electronic payment platform. Payments in cash, including at the Commercial Site, are not accepted, except payments for coach, equipment and use of winter courts and payments of complementary price under art. 16 below.

16. When the use of a particular Service requires payment of complementary price in addition to the Subscription fee, the User is obliged to pay this price through the Mobile Application. By way of exception, the User shall pay the complementary price directly at the Commercial Site only if explicitly indicated on the Website and/or in the Mobile App.

17. Sodexo does not store any data related to the bank card or to the bank account of the User and is not responsible for the correct execution of the relevant payments. Sodexo shall ensure that the electronic payment platforms accessible through the Mobile Application/the Website will only be operated by payment services providers holding the appropriate licenses and permissions to perform this activity. All questions relating to the procedures and timing of payments, storage, use and processing of bank information provided by the User, allocation of liability and any other legal and technical matters relating to the payment shall be settled in accordance with the rules and conditions established by the payment services providers. Sodexo does not collect fees for electronic payments and bank transfers. However, fees may be charged for these operations in accordance with the pricing policy and the general rules of the relevant payment services provider and of the User’s bank. If necessary, Sodexo will assist the User in resolving grounded requests of the User addressed to the payment services provider.  

18. The renewal of the monthly Subscription and the payment of the Subscription fee owed by the User shall be made automatically, without the need for the User to take any action to that end. The User may, at any time, stop the automatic renewal of the Subscription.   

19. The User has the right to renounce the purchased Subscription or Visit within the meaning of the Consumer Protection Act without compensation or penalty and without giving any reason, subject to the following conditions:

  • the renunciation shall be made within 14 (fourteen) calendar days from the date of purchase of the Subscription or the Visit;
  • prior to the expiry of the aforementioned deadline, the User shall notify Sodexo in writing of his/her renunciation by sending an e-mail to: support.bg@andjoy.life
  • the User must explicitly indicate in the renunciation letter his/her name, address, phone number, username and e-mail address with which he/she is registered in the Mobile Application/Website, as well as an e-mail address for feedback (if different from the e-mail address registered in the Mobile Application/Website). The User is also required to indicate a bank account to which Sodexo shall refund the Subscription fee paid by the User;
  • Sodexo will send to the User a confirmation of receipt of the renunciation without undue delay to the e-mail address specified by the User. Sodexo will refund the Subscription fee within 14 days from the date of receipt of the renunciation to the bank account specified by the User;
  • Notwithstanding the foregoing, the Subscription fee shall not be refunded if, at the date of the renunciation, the User has already used all Visits included in the Subscription. When the User has used only a part of the Visits included in the Subscription, Sodexo shall deduct from the amount that it reimburses to the User the proportional value of Services actually provided to the User up to the moment of his/her renunciation.

20. The User may include other persons (family and friends) in the Programme, under the pricing terms, conditions and limitations agreed between Sodexo and his/her employer. Persons included by the User may only use the pricing terms referred to in the previous sentence if the Subscription of the User is active. In the event that User’s Subscription is deactivated and/or the contract between his/her employer and Sodexo is terminated for any reason whatsoever, the persons included by the User in the Programme may continue to use the Services upon application of the standard prices published on the Website. After their inclusion in the Programme, these persons will become Users and will be bound by these Terms of Use.  

IV. USE OF SERVICES

21. User with an active Subscription has the right to use one Visit per day, subject to the monthly and weekly limitations of the Services Package selected by him/her, for only one of the Services provided in the particular Commercial Site. The User may use additional services not included in the Programme or more than one Visit, provided that he/she has paid them additionally via the Mobile Application.

22. The User shall pay a complementary price in addition to the Subscription fee when required for the use of a concrete Service, as indicated on the Programme’s Website and/or in the Mobile Application.

23. When the User wishes to use Services under the Programme’s terms and conditions, the User is required to select a particular Commercial Site included in the Programme’s list and to request to use a Visit through the Mobile Application. The request to use a Visit is valid for 10 minutes after its registration. Upon expiry of this period, the User is required to make a new request for a Visit.

24. In order to be able to submit a request to use a Visit, the User shall enter his/her profile in the Mobile Application, shall allow access to his/her location (geo-localization) and shall not be more than 250 meters away from the Commercial Site that the User is willing to visit.

25. The User is required to identify himself/herself at each Visit by presenting his/her identity document to the employee at the Commercial Site. Employees of Commercial Sites are only entitled to identify the User for the purposes of using the Services, without recording, copying or otherwise storing any User’s identity data. In the event that the User is not willing to present his/her identity document during his/her Visits, the User has the option to register his/her photo in the User’s profile through the Mobile Application. If the photo is with good quality and up-to-date, and if the User’s face is clearly visible, the identification of the User by the employees of the Commercial Sites will be made solely on the basis of this photo and the information available in the Sodexo’s system.

26. The User may not, in any way, provide to the Partner for handling or storage the mobile device on which the User has installed the Mobile Application with an active User’s profile.

27. The User may use Visits only at the Commercial Sites participating in the Programme and only within the range of Services provided by the respective Commercial Site. The User is required to make prior reservation for the use of the Services, if such reservation is necessary. Partners may refuse access to a Service for which there are no vacancies at the time of the Visit. The duration of the Visit may be limited in accordance with the rules of the relevant Commercial Site for the particular type of sport activity.

28. The User is obliged to comply with the working hours of the respective Commercial Site. The User is required to strictly comply with all safety requirements and rules for use of the Services adopted by the Partner, including as regards equipment, physical condition, use of food and medicines, need to use an instructor, etc.

29. Sodexo shall not be liable for any accidents and material damages to Users arising from the use of the Services at the Commercial Sites. Sodexo is not responsible for the availability of the Services at the Commercial Sites or for the quality of the Services provided by the Partners.

30. If the User encounters difficulties in using the Mobile Application or if he/she has any questions or remarks about the Programme, the User may contact Sodexo on the e-mail addresses and phone numbers published on the Website.

31. Users with active Subscriptions are entitled to discounts for certain products and services provided in a selected network of stores and other commercial sites. Detailed information about this feature is published on the Website and in the Mobile Application. Discounts are not related to the use of a Visit. In order to benefit from a discount, the User is required to certify to the employee of the store/site that he/she has an active Subscription by showing the employee the screen of his/her mobile device clearly indicating in the “Plan Details” section that he/she has an active Subscription.

V. INTELLECTUAL PROPERTY RIGHTS

32. The User may use the Mobile Application, the Programme’s Website and their content solely for personal usage. The Mobile Application and the Website, and all their content, as well as the associated trademarks, constitute intellectual property protected by the applicable Bulgarian and international law. Sodexo owns the intellectual property rights over the Mobile Application and the Website in their entirety, as well as over all their components, and their content cannot be copied and used by third parties without the express written consent of Sodexo.

33. The User is not entitled to use any automated means to download any information from the Website, to deliberately overwhelm the Mobile Application and the Website with fictitious requests or other information (flood) or, without explicit permission of Sodexo, to use snapshots (screenshots) of the Mobile Application or of the Website.

34. Sodexo has the right to use comments and recommendations received by Users for the development of its services, the Mobile Application, the Website and the Programme, without owing any remuneration for these comments and recommendations.

35. The Website and the Mobile Application may contain links to other websites and platforms. Sodexo does not control and is not responsible for the content and for the accuracy of the information published on these other websites and platforms. The owner of the respective website or platform shall be sole responsible for any illegal, inaccurate or incomplete content and for all damages caused by the use of these websites and platforms.

VI. SUSPENSION AND TERMINATION OF THE SUBSCRIPTION

36. The Subscription shall be suspended in case the User fails to pay the part of the Subscription fee owed by him/her under the agreement concluded between Sodexo and his/her employer. In this case, the Subscription may be activated again upon payment by the User of the amount owed by him/her to Sodexo.

37. The Subscription shall be terminated:

  • upon expiry of the term for which the Subscription is paid by the User;
  • upon termination of the agreement between Sodexo and the employer of the User, regardless of the termination ground;
  • unilaterally by Sodexo, in the event of breach by the User of any of these Terms of Use. In this case, Sodexo has the right to withhold the Subscription fee paid by the User, regardless of whether the Subscription has expired or not;
  • upon renunciation to the contract within the meaning of the Consumer Protection Act;
  • upon withdrawal of the User’s consent for the processing of his/her personal data, except when the Subscription was purchased directly from the User (without the participation of his/her employer).

VII. MISCELLANEOUS

38. Sodexo may, at any time, either temporarily or permanently, modify or suspend the operation of all or part of the Website and of the Mobile Application for the purpose of performing technical maintenance and/or improvements, and/or changes. Sodexo shall not be responsible for any losses, damages or costs caused by interruptions, suspensions of activity or inaccuracies of the content of the Website or of the Mobile Application, unless they are the result of concrete fault or omission of Sodexo.

39. Sodexo is not responsible for the compatibility of the Website and/or of the Mobile Application with the User’s devices. 

40. Sodexo has the right to refuse re-inclusion in the Programme of a User when the termination of the Subscription intervened because of the breach by this User of these Terms of Use.

41. Sodexo has the right to use the e-mail address provided by the User or by his/her employer as address for correspondence with the User. The messages sent to this e-mail address will be deemed to have been received upon their arrival in the User’s e-mail inbox, no explicit confirmation being needed.

42. Sodexo reserves the right to periodically update and modify these Terms of Use. All amendments and supplements shall become effective on the date of their announcement on the Programme’s Website. In the event of substantial amendments and/or changes to the Terms of Use, Sodexo shall notify the Users by providing them with a one-week notice period to become familiar with the changes. Within this one-week period the Users are entitled to inform Sodexo by writing that they do not accept the amendments and/or changes of the Terms of Use. In such a case, the User may withdraw from the Programme without giving any reason and without owing indemnity or compensation, and the withdrawal will take effect upon the expiry of the already paid monthly Subscription. In the event that the User does not expressly object within the one-week period, he/she will be deemed to have accepted the amendments and/or changes, and the latter shall become effective and shall bind the parties for the future.

Last update of the Terms of Use: 01.10.2019