Last update: December 01, 2023

This section outlines additional policies and terms of service specific to business accounts. It is essential for business account holders to familiarize themselves with these guidelines to ensure a clear understanding of the obligations, privileges, and regulations associated with their business presence on our platform. Should any inconsistency arise between these Business Terms and the Terms of Service, precedence is given to the Business Terms. In instances where you have procured products or services from Wheree on behalf of your business (e.g., advertising or business tools), the terms specified in that purchase take precedence in the event of any conflict with these Policies and Business Terms. Capitalized terms employed in these Policies and Business Terms, yet undefined, bear the meanings ascribed in the Terms of Service. By establishing, accessing, or utilizing your Business Account, you express your acceptance of these Policies and Business Terms, thereby formalizing a legally binding agreement with Wheree. If you dissent with these Policies and Business Terms, you are not authorized to generate, access, or use a Business Account.

THOROUGHLY REVIEW THESE BUSINESS POLOCIES AND TERMS, AS THEY MANDATE INDIVIDUAL ARBITRATION TO SETTLE DISPUTES INSTEAD OF TRIALS OR CLASS ACTIONS. THEY ALSO CONSTRAIN THE AVAILABLE REMEDIES IN CASE OF A DISPUTE

In the event of termination of these Business Terms or Policies, whether initiated by you or us, the entirety of these Business Terms or Policies will persist in full force and effect

Obligations, Authorizations, and Agreements

A. To access or use the Services, you hereby agree to the following:
  1. (i). You possess the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and can legally bind any such business (including any corresponding business entity) to the Polices and Business Terms (referred to as your "Business").
  2. (ii). Your access to or use of the Business Site will be solely in your capacity as an authorized representative of your Business.
  3. (iii). The Consumer Site will not be used for business activities, including but not limited to flagging reviews or messaging individuals who have reviewed your Business.
  4. (iv). Your Business adheres to relevant laws and refrains from offering, promoting, selling, or leasing illegal products and/or services.
  5. (v). You provide Wheree with a non-transferable, non-exclusive, royalty-free limited license to showcase your public website on the Services or enable its display through iframes or alternative framing technology.
  6. (vi). We retain the right to reach out to you, be it via phone or email, utilizing the contact details you furnish us, those made publicly available, or those we have on record for your business.
  7. (vii). Health score information for your Business may be displayed, and a Consumer Alert regarding that health score may be placed on the business page for your Business.
  8. (viii). Certain aggregated or deidentified information about your responses to Request a Quote may be shared leads with other Businesses, such as the total number of Businesses responding to the lead and the speed of those responses.
  9. (ix). Non-disparagement clauses in consumer contracts, including those that seek to restrict or prohibit reviews or penalize consumers for posting reviews about your Business, are prohibited under law. You agree not to include such clauses in your consumer contracts or attempt to enforce non-disparagement or 'gag' clauses against consumers under any circumstances. Where you may publicly notify consumers, including by placing a Consumer Alert on the business page for your Business, if there is a good faith belief that such clauses are used by your Business.
B. You affirm and assure that you will not, nor will you authorize or induce any other party to:
  1. (i). Offer any form of incentives, including discounts, freebies, refunds, gift cards, contest entries, offers, or deals, in exchange for the submission of reviews for your Business, or to influence the prevention or removal of reviews. You acknowledge that Wheree may publicly inform consumers about such incentives and other endeavors to acquire, prevent, or eliminate reviews through its Consumer Alerts.
  2. (ii). Seek reviews from your patrons.
  3. (iii). Author reviews or vote on Content (e.g., rating user reviews as useful, funny, or cool) for your Business or your Business's competitors.
C. You acknowledge and recognize that Wheree permits consumers to contribute Content regarding your Business, encompassing photos, ratings, and reviews.

You are aware that Wheree employs automated software, known as the Recommendation Software, to prioritize the display of the most reliable and valuable reviews, while presenting other reviews in a less prominent manner. Despite utilizing the Recommendation Software to identify potentially less helpful reviews, you acknowledge that it may occasionally suppress legitimate reviews or fail to identify illegitimate ones. Furthermore, you understand that any investment in advertising or other paid features from Wheree will not influence the Recommendation Software or grant you the ability, directly or indirectly, to manipulate reviews or impact their visibility or placement on Wheree.

Using the Service

A. Eligibility:

To utilize or access the Service, you must possess the necessary authority and capacity to agree to these Terms. If you are a competitor of Wheree or have been previously barred from the Service or had your Account closed by us, you may not access or use the Service.

B. Permission to Use the Service:

To utilize or access the Service, you must possess the necessary authority and capacity to agree to these Terms. If you are a competitor of Wheree or have been previously barred from the Service or had your Account closed by us, you may not access or use the Service.

C. Eligibility:

The Service's features may be altered, updated, interrupted, suspended, or terminated at any time without prior notice or liability.

D. Accounts:

TCreating an Account and furnishing specific information about yourself is essential to accessing certain features provided by the Service. You are responsible for maintaining the confidentiality of your Account password and all activities associated with it. Swiftly notify us of any unauthorized utilization of your Account. We retain the right to close your Account at our discretion and without providing any reason.

E. Consumer Account Usage:

Your Consumer Account is solely for personal, non-commercial use, and you may not establish or use a Consumer Account for anyone other than yourself. When creating an Account, provide accurate and comprehensive information to enhance your credibility as a contributor to the Service. Impersonation, use of an email address other than your own, creation of multiple Accounts, or transferring your Consumer Account to another individual without Wheree's prior approval is prohibited.

F. Communications from Wheree and Others:

By utilizing the Service, you grant consent to receive communications from other users and Wheree through the Service or other means like emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote Wheree or businesses listed on Wheree and may be initiated by Wheree, businesses listed on Wheree, or other users. You acknowledge that communications may be sent via an automatic telephone dialing system, and charges from your phone carrier may apply for certain communications, such as SMS messages or phone calls. Notify us promptly if your provided phone number(s) have changed or been disconnected. Be aware that communications, including phone calls, with Wheree or made through the Service may be monitored and recorded for quality purposes.

Content

B. Our Right to Use Your Content:

We reserve the right to use Your Content in various ways, including publicly displaying, reformatting, incorporating into advertisements and other works, creating derivative works, promoting, distributing, and allowing others to do the same on their own websites and media platforms ("Other Media"). By using the Service, you grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Users of the Service and any Other Media are also granted the right to access Your Content in connection with their use of the Service and any Other Media. You waive any claims and assertions of moral rights or attribution against Wheree and its users with respect to Your Content.

A. Responsibility for Your Content:

You are solely responsible for Your Content, and once it is posted on Wheree, it may not always be withdrawn. You bear all risks associated with Your Content, including the reliance placed on its quality, accuracy, or reliability, and any risks related to the disclosure of personal information. You affirm that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not suggest that Your Content is sponsored or endorsed by Wheree in any way. Exposing yourself to liability may occur if Your Content contains false, intentionally misleading, or defamatory material; violates any third-party rights, including intellectual property rights; contains unlawful material such as hate speech or pornography; exploits or harms minors; advocates the violation of any law or regulation; or violates these Terms.

D. Advertising:

Wheree and its licensees may display advertisements, paid content, and other information near or in association with Your Content. You are not entitled to compensation for such advertisements, and the manner, mode, and extent of advertising are subject to change without specific notice.

C. Ownership:

You own Your Content, and Wheree owns the Wheree Content, including visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content, and Third Party Content. Wheree Content and the Service are protected by various intellectual property laws. You may not use or exploit any Wheree Content except as expressly authorized by Wheree. All rights in and to the Service and Wheree Content are retained by Wheree.

E. Other:

User Content, including that created by users employed or contracted by Wheree, does not necessarily reflect Wheree's opinion. We are not obligated to retain or provide copies of Your Content, and we do not guarantee confidentiality. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion, with or without notice. For example, a review may be removed if it violates our Content Guidelines. Wheree does not verify licenses of local businesses or their representatives, except through Wheree's Verified License program. Businesses with verified licenses display a "Verified License" badge on their Wheree business page.

Changes to the Terms

The Terms may undergo modifications periodically. The most up-to-date version will be accessible here. You acknowledge and agree that your access to or utilization of the Service is regulated by the Terms in effect at the time of your access or use. In the event of significant changes to these Terms, we will notify you through email, by posting notices on the Service, and/or using other methods before the effective date of the changes. The date of the last modification will be indicated at the top of this page. It is advisable to review these Terms regularly, as updated versions will be binding on you. Your continued access to or use of the Service following the effective date of changes to the Terms indicates your acceptance of such changes.

Translation

These Terms may be translated into other languages for your convenience in more than 28 languages. However, the English version will govern your relationship with Wheree and any differences between the different versions will be resolved in favor of the available English version.

Additional Policies and Terms

Copyright and Trademark Disputes

You are required to adhere to our Infringement Policy when informing us of copyright and trademark disputes related to User Content. Any notification sent in accordance with our Infringement Policy may be forwarded to the user who submitted the relevant User Content.

Additional Terms

Your utilization of the Service is contingent upon any additional terms, policies, rules, or guidelines that we may publish on the Service or link to from it (the "Additional Terms"). All such Additional Terms are included by reference into, and constitute a part of, these Terms. If you hold a Business Account, the Business Terms provided below are applicable to you.

Termination

You have the option to terminate the Terms at any time by closing your Account, ceasing any access to or use of the Service, and notifying Wheree of termination through this link.

We retain the authority to terminate your Account, limit your access to specific sections of the Service, revoke any granted license or permission, and/or prohibit your use of the Service entirely, for any reason or without providing any notice or assuming any liability. Such actions may impede your ability to access your Account, the Service, Your Content, Service Content, or any other associated information.

General Terms

A. We retain the right to alter, update, or discontinue the Service at our sole discretion, at any time, for any reason, and without notice or liability.

B. Unless explicitly stated in Section 10 above, nothing herein is intended, nor will be construed, to confer rights or remedies upon any third party.

C. The Terms constitute the entire agreement between you and us regarding the use of the Service, supplanting any prior agreement on the subject matter. Both parties recognize that no trust is placed in any representation made outside of the explicit content of these Terms.

D. The failure of Wheree to enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise any right provided herein shall not be considered a waiver of any further rights under these Terms. The Terms may not be waived except through a writing executed by Wheree.

E. Should an arbitrator find any provision in the Terms unenforceable or invalid, only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary, and the Terms shall otherwise remain in full force and effect and be enforceable.

F. You cannot assign, transfer, or sublicense the Terms and any rights or obligations herein without Wheree's prior written consent, but may be assigned or transferred by us without restriction. Any effort to assign by you will violate these Terms and be deemed void.

G. You agree that no joint venture, partnership, employment, agency, special, or fiduciary relationship exists between you and Wheree as a result of these Terms or your use of the Service.

H. The titles of sections in the Terms serve only for convenience and carry no legal or contractual weight.

Liabilities and Constraints Disclaimer

Please carefully examine this section as it outlines the limitations on liability applicable to you by the Wheree Entities. Each of the subsections below is effective only up to the maximum extent permitted by the applicable law. The provisions here are not intended to restrict any rights you may have, which may not be legally limited. By accessing or using the Service, you acknowledge that you have read, understood, and agreed to these Terms, including this section. Your acceptance of these Terms implies a waiver of substantial legal rights.

The Service and its Content are presented to you in an "as-is" condition, with all inherent faults," and "as available" basis, with the explicit understanding that the Wheree Entities may not supervise, control, or vet User Content or Third-Party Content. Consequently, your use of the Service is at your discretion and risk. The Wheree Entities do not assert or commit to the quality, completeness, accuracy, or reliability of the Service, its safety or security, including, but not limited to, the security of your data, or the Service Content.

As a result, the Wheree Entities are not responsible for any personal injury, loss, or damage that may occur, for example, due to the Service's inoperability, depletion of battery power, or other impairment of devices used to access the Service, service unavailability, security vulnerabilities, or dependence on the caliber, precision, or dependability of Business listings, ratings, reviews (including their content or exclusion of content, order, and display), metrics, or other content encountered, utilized, or accessible via the Service.

The Wheree Entities do not make any claims or commitments concerning any third party, such as the Businesses or advertisers listed on the Service or those providing goods or services through the Service, or the Service's users. Similarly, the Wheree Entities are not responsible to you for any personal injury, loss, or damage that may arise from any such third party's actions or omissions, including, for instance, n the event of another user or Business misusing your content, identity, or personal information, or if you encounter a negative experience with one of the Businesses or advertisers listed or featured on the Service. Your purchase and utilization of products or services offered by third parties through the Service are at your own discretion and risk.

Your exclusive right and remedy for dissatisfaction with the Service, related services, or any other grievance is to terminate and discontinue access to, or use of the Service.

The liability of the Wheree Entities will be limited to the maximum extent permitted by law; the Wheree Entities will not be liable for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits or revenue, (iii) business interruption, (iv) reputational harm.

Prohibited Actions

The proprietary nature of the Content and information accessible on and through the Services, including messages,data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, or other material, as well as the infrastructure facilitating such Content and information, is either owned by the Wheree Companies or licensed to them by third parties. In relation to all Content, excluding your own, you hereby undertake not to alter, duplicate, distribute, convey, exhibit, execute, reproduce, publish, license, generate derivative works from, transfer, sell, or re-sell any information, software, products, or services acquired from or through the Services. Moreover, you commit not to:

i. Utilize the Services or Content for any commercial purpose beyond the explicitly permitted commercial purposes outlined in this Agreement and related guidelines provided by the Wheree Companies;

ii. Employ any robot, spider, scraper, or other automated means, or any manual process, to access, observe, replicate, allocate, convey, broadcast, showcase, vend, authorize, duplicate, or otherwise utilize any Content of the Services, including but not limited to user profiles and photos, for any purpose not in compliance with this Agreement or without our explicit written consent;

iii. Breach the restrictions specified in any robot exclusion headers on the Services or circumvent or bypass other measures employed to hinder or restrict access to the Services;

iv. Undertake any action that, at our discretion, places an unreasonable or disproportionately large burden on our infrastructure;

v. Establish deep-links to any segment of the Services without our explicit written authorization;

vi. "Frame," "mirror," or integrate any part of the Services into any other websites or services without our prior written consent;

vii. Attempt to alter, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs employed by the Wheree Companies in connection with the Services;

viii. Evade, disable, or otherwise disrupt security-related features of the Services or features that hinder or limit the use or copying of any Content;

ix. Download any Content unless it is expressly provided for download by the Wheree Companies.