These Terms, including the Business Terms below, constitute the "Terms" and are effective immediately to users who access or use the Service without an Account, as well as those with pre-existing Accounts.
The Terms of Service outlined herein dictate your utilization of the Wheree platform, functioning as a vibrant community for exchanging questions, sharing experiences, and discussing various destinations such as restaurants, shops, hotels, and more. This comprehensive set of terms governs your interaction with our products and services, spanning websites, events, communications (including emails, phone calls, and texts), and mobile applications collectively referred to as the "Service."
Your agreement to these terms constitutes a legally binding contract, forming the basis for your access and utilization of the Service. Your agreement to comply with these Terms is implicit when using Wheree; thus, if you dissent, kindly refrain from accessing the platform. In essence, these Terms establish the framework for a contractual relationship between you and Wheree, ensuring a mutually understood and respected engagement with the platform and its offerings.
Using the Service
Eligibility
In order to access or use the Service, you must possess the necessary power and authority to agree to these Terms. If you are a competitor of Wheree or have been previously banned from the Service or had your Account closed by us, you are not permitted to access or use the Service.
Permission to Use the Service
We grant you permission to utilize the Service in accordance with these Terms. Your use of the Service entails inherent risks, including exposure to Content that may be offensive, indecent, inaccurate, objectionable, incomplete, lack sufficient warning about potential risks or hazards, or is otherwise inappropriate.
Service Availability
The Service may undergo modifications, updates, interruptions, suspensions, or discontinuations at any time without prior notice or liability.
Accounts
To access certain features of the Service, you must create an Account and provide specific information about yourself. You are responsible for maintaining the confidentiality of your Account password and all activities associated with your Account. Immediate notification of any unauthorized use of your Account is required. We retain the right to close your Account at our discretion, for any reason or no reason.
Your Consumer Account is intended for personal, non-commercial use only, and creating or using an Account for anyone other than yourself is prohibited. Providing accurate information during Account creation is essential for enhancing your credibility as a Service contributor. Impersonation, use of someone else's email address, creation of multiple Accounts, or transferring your Consumer Account without Wheree's prior approval are strictly forbidden.
Communications from Wheree and Others
By using the Service, you agree to receive communications from other users and Wheree, whether through the Service or other means such as emails, push notifications, text messages, and phone calls. These communications may promote Wheree or businesses listed on Wheree and can be initiated by Wheree, businesses listed on Wheree, or other users. It is acknowledged that communications may be sent via an automatic telephone dialing system, and charges may apply from your phone carrier for certain communications. Prompt notification of any changes to your provided phone number(s) is required. Note that communications, including phone calls, with Wheree or made through the Service may be monitored and recorded for quality purposes. You have the option to opt-out of certain communications here.
Content
Responsibility for Your Content
The sole responsibility for Your Content lies with you, and once it is posted on Wheree, it may not always be retracted. You bear all associated risks, including reliance on its quality, accuracy, or reliability by others, and risks related to the disclosure of personal information. You affirm that you either own or possess the necessary permissions to use and authorize the use of Your Content as outlined herein. You must not imply that Your Content is sponsored or endorsed by Wheree.
Our Right to Use Your Content
We may use Your Content in various ways, including public display, reformatting, incorporation into advertisements, creating derivative works, promotion, distribution, and allowing others to do the same on their own 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 Other Media also receive irrevocable rights to access Your Content in connection with their use. You waive any moral rights or attribution claims against Wheree and its users regarding Your Content.
Exposing Yourself to Liability
Your Content may expose you to liability if it contains false, intentionally misleading, or defamatory material; violates any third-party rights, including intellectual property rights; contains unlawful content, hate speech, or pornography; exploits or harms minors; violates any law or regulation; or breaches these Terms.
Ownership
You own Your Content, while Wheree owns Wheree Content, excluding Your Content. We own copyrights, trademarks, and other intellectual property associated with Wheree Content and the Service, retaining all applicable rights under relevant laws. You may not use, sell, license, copy, publish, modify, reproduce, distribute, or exploit Wheree Content without our explicit authorization.
Advertising
Wheree and its licensees may display advertisements, paid content, and other information in proximity or association with Your Content. No compensation is due to you for such advertisements, and the manner of advertising may change without specific notice.
Other
User Content does not necessarily reflect Wheree's opinion. We are not obliged to retain or provide copies of Your Content, and confidentiality is not guaranteed. We reserve the right to remove, screen, edit, or reinstate User Content at our discretion, without notice. For instance, a review may be removed if it violates Content Guidelines. Except for Wheree's Verified License program, we do not verify licenses for local businesses, and consumers should inquire directly. Businesses with verified licenses will display a "Verified License" badge on their Wheree business page.
Booking and Transaction
In General
The Service provides features allowing you to book or transact online with local businesses, such as making restaurant or spa reservations, ordering food delivery, or scheduling appointments. These features may be offered by Wheree's third-party partners, possibly through iframes or similar formats, and their usage may be governed by distinct or additional terms presented during the booking or transaction process. It's important to note that these third-party partners or the local businesses handling the transactions are responsible for fulfilling such bookings and transactions.
Payments and Cancellations
To confirm a booking, you might need to provide your credit card information, and any applicable fees, including cancellation or no-show fees, will be charged in accordance with the cancellation policy of the transacting local business specified at the time of booking. You acknowledge that Wheree may facilitate these payments and charges on behalf of the transacting local business.
Coupons
Any coupons issued by Wheree for use in connection with the Service are non-transferable (unless mandated by law), not redeemable for cash or any other form of consideration, and automatically expire thirty (30) days from the issue date unless otherwise specified. In the event of Account termination, the use of unexpired and unused coupons becomes unavailable, and such coupons automatically expire without redemption, unless required by law.
Representations and Warranties
We do not have an obligation to enforce the Terms on your behalf against another user. While we encourage you to inform us of any suspected violation by another user, we retain the right to investigate and take appropriate action at our sole discretion.
A. You affirm and guarantee that:
You have thoroughly read and comprehended our Privacy Policy.
B. B. Additionally, you assert and will not aid, promote, or enable others to utilize the Service for:
i. Breaching our Terms, including the Privacy Policy.
ii. Publishing any fabricated or defamatory reviews, engaging in review exchanges, or providing compensation to post, refrain from posting, or delete a review.
iii. Infringing on any third party's rights, including confidentiality breaches, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
iv. Engaging in threats, stalking, harm, harassment, or endorsing bigotry or discrimination.
v. Promoting a business, commercial venture, or event, or utilizing the Service for commercial purposes, except with a Business Account in accordance with the Business Terms.
vi. Sending mass emails, surveys, or other bulk messaging, whether commercial or not; participating in keyword spamming or attempting to manipulate the Service’s search results, review Recommendation Software (as defined in the Business Terms below), or any third-party website.
vii. Soliciting personal information from minors or transmitting pornography.
viii. Violating any applicable laws.
ix. Altering, adapting, appropriating, reproducing, distributing, translating, creating derivative works, publicly displaying, selling, trading, or exploiting the Service or Service Content (excluding Your Content), unless expressly authorized by Wheree.
x. Using any robot, spider, Service search/retrieval application, or other automated means to access, retrieve, copy, scrape, or index any part of the Service or Service Content, except as expressly permitted by Wheree.
xi. Reverse engineering any part of the Service, unless prohibited by applicable law, in which case you agree to provide us with 30 days' prior written notice here.
xii. Removing or altering any copyright, trademark, or other proprietary rights notice on any part of the Service or on materials printed or copied from the Service.
xiii. Capturing, analyzing, or extracting data about users.
xiv. Taking any action that, in our sole discretion, imposes an unreasonable or disproportionately large load on Wheree's technology infrastructure or creates excessive traffic demands on the Service.
xv. Attempting to gain unauthorized access to the Service, Accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means.
xvi. Using the Service or any Service Content to transmit any destructive or harmful items, including computer viruses, worms, defects, Trojan horses, malicious code, spyware, or malware.
xvii. Utilizing any device, software, or routine that interferes with the proper functioning of the Service or attempting to interfere with its proper working.
xviii. Utilizing the Service to breach the security of any computer network, decrypt passwords, or compromise security encryption codes; disrupt or interfere with the security of, or cause harm to, the Service or Service Content.
xix. Removing, circumventing, disabling, damaging, or otherwise interfering with any security-related features of the Service, features preventing or restricting the use or copying of Service Content, or features enforcing limitations on the use of the Service.
Additional Policies and Term
Copyright and Trademark Disputes
Your agreement to comply with our Infringement Policy is essential in reporting copyright and trademark disputes related to User Content. You acknowledge that we may redirect any notification received in accordance with our Infringement Policy to the user who submitted the User Content in question.
Additional Terms
Your utilization of the Service is contingent upon adherence to any and all additional terms, policies, rules, or guidelines that we may publish on the Service or link to from it (referred to as the "Additional Terms"). These Additional Terms are hereby integrated 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.
Suggestions and Improvements
In submitting any ideas, suggestions, documents, or proposals ("Suggestion an Edit"), you acknowledge and agree that (i) your Suggestion does not contain any confidential or proprietary third-party information, (ii) we bear no obligation of confidentiality, either express or implied, regarding the Suggestion, (iii) a similar idea may already be under consideration or in development by us, (iv) we are not obligated to review, consider, or implement the Feedback, nor to return any part of the Suggestion to you, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, create derivative works of, publish, distribute, and sublicense the Suggestion. You also irrevocably waive any claims against Wheree and its users regarding the Suggestion.
Third Party Content and Services
The Service may contain Third Party Content or provide links to other websites or applications (referred to as a "Third Party Service"). We neither control nor endorse any Third Party Content or Third Party Service. You acknowledge that we bear no responsibility for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your decision to use and rely on any Third Party Content or Third Party Service is entirely at your own risk.
Certain services accessible through the Service and Third Party Services may be governed by additional third-party terms of service, privacy policies, licensing terms and disclosures, and other conditions and policies, as outlined, for instance, here. It is incumbent upon you to acquaint yourself with any relevant third-party terms that apply.
Changes to the Terms
The Terms may undergo occasional modifications. The most up-to-date version of the Terms will always be available here. It is understood and agreed that your access to or use of the Service is governed by the Terms in effect at the time of your access or use. In the event of substantial changes to these Terms, we will notify you through email, by posting notices on the Service, or by other means prior to the effective date of the changes. Regularly reviewing these Terms is advised, as updated versions will be binding on you. You acknowledge and agree that your continued access to or use of the Service after the effective date of the amended Terms signifies your acceptance of those changes.
Indemnity
You commit to indemnify, defend, and safeguard Wheree against any and all third-party claims, actions, demands, losses, damages, costs, liabilities, and expenses (including but not limited to attorneys' fees and court costs) arising from or related to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of the representations and warranties provided under these Terms, (iv) any products or services obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.
Wheree retains the right, at your expense, to take over the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate with our defense of these claims. You undertake not to settle any such matter without the prior written consent of Wheree. Wheree will make reasonable efforts to inform you of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers and Limitations Liability
Kindly pay close attention to this section as it places limitations on the liability of the Wheree entities toward you. Each of the subsections below is applicable only to the maximum extent permitted under applicable law. Nothing stated here is meant to restrict any rights you may have, which cannot lawfully be limited. By accessing or using the service, you declare that you have read, comprehended, and consented to these terms, including this section. Agreeing to these terms entails relinquishing significant legal rights.
A. You receive the service and service content as they are, with all imperfections. The service and service content are provided to you on an "as is," "with all faults," and "as available" basis, with the express understanding that the WHEREE entities may not supervise, control, or assess user content or third-party content. Therefore, your use of the service is at your own discretion and risk.
B. The Wheree entities do not make any assertions or commitments regarding the quality, completeness, accuracy, or reliability of the service, its safety or security, including, without limitation, the security of your data, or the service content. Consequently, the Wheree entities are not responsible to you for any personal injury, loss, or damage that may result, for instance, from the service's inoperability, depletion of battery power, or other impairments of devices used to access the service, service unavailability, security vulnerabilities, or your dependence concerning the excellence, precision, or reliability of the business listings, ratings, and reviews (including their substance or omission of content, order, and display), metrics, or other content found on, used on, or made available through the service.
C. The Wheree entities do not make any claims or promises regarding any third party, such as the businesses or advertisers listed on the service or those offering goods or services through the service, or the service's users. Consequently, the Yelp entities are not responsible for any personal injury, loss, or damage that may arise from the actions or omissions of such third parties. This encompasses scenarios in which your content, identity, or personal information is misused by another user or business, or in the event of an unfavorable encounter with any of the businesses or advertisers showcased or mentioned on the service. Your decision to purchase and use products or services offered by third parties through the service is at your own discretion and risk.
D. If you are dissatisfied with the service, related services, or have any other grievances, your sole and exclusive right and remedy is to terminate and discontinue access to, or use of the service. The Wheree entities' maximum collective responsibility for any losses or damages you experience in connection with the service or these terms is capped at the higher of (i) the amount you paid, if any, to the Wheree entities for the service in the 12 months preceding the incident giving rise to liability.
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 your termination through this platform.
We reserve the right to close your Account, suspend your ability to use specific portions of the Service, revoke any license or permission granted to you herein, and/or ban you from the Service entirely, for any reason or without reason, and without notice or liability of any kind. Such actions may hinder your access to your Account, the Service, Your Content, Service Content, or any other associated information.
General Terms
A. We retain the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any reason or without reason, and without notice or liability.
B. Unless otherwise specified in Section 10 above, nothing herein is intended, nor will be deemed, 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, superseding any prior agreement on the same subject matter. The parties acknowledge that they do not rely on any representation made but not expressly contained in these Terms.
D. 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 cannot be waived except through a written agreement executed by Wheree.
E. If any provision of the Terms is determined to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, only that provision shall be modified to reflect the parties' intent.
F. The Terms, along with any rights or obligations hereunder, are not transferable, assignable, or sublicensable by you except with Wheree's prior written consent, but may be assigned or transferred by us without any restrictions. Any attempted assignment by you shall contravene these Terms and be void.
G. You acknowledge that no joint venture, partnership, employment, agency, special, or fiduciary relationship exists between you and Wheree as a consequence of these Terms or your use of the Service. The section titles in the Terms are for convenience only and do not have any legal or contractual effect.