- What Personal Information We Collect and How We Collect It. We receive and/or collect Personal Information from you in connection with your use of the App in the following ways:
- Account. In order to use certain services that we offer via the Site and/or App, you may be required to create an account (“Account”). We may offer different options to create an Account, including:
- Online Registration Form: You may choose to complete and submit an online registration form. You will be asked to provide us with certain mandatory information such as your telephone number.
- Third Party Accounts You may choose to create an Account by clicking on a ‘connect’ or ‘sign-in’ button that we display on the App and logging-in to the App through your account on a designated third party website or service, such as Facebook or Google (each a “Third Party Account”). Doing so will enable you to link your Service Account and your Third Party Account. If you choose this option, then you will be required to approve the connection as well as the types of information (which may include Personal Information) that we will obtain from your Third Party Account, such as your name, profile image, email, age, gender, friend/contact list and any other information available on you Third Party Account (“Third Party Account Information”) and the types of activities that we may perform in connection with your Third Party Account. Please note that in order to use this option, you will need to have, and may need to be signed-in to, an existing Third Party Account.
You may also choose to provide additional Personal Information as part of the Account registration process and in connection with your ongoing use of your Account. We may send you a text message to your mobile phone or an e-mail to the e-mail address you submit to confirm your registration. If you choose not to create an Account, you may not be able to access or use certain features of the App.
- Merchant Personal Information: We may collect any personal information that you provide to us when you register as a Merchant on the App or when you create a Drop, through the Merchant Registration Form and Drop Wizard on the App, such as a name, email and telephone number of a representative or contact person of the Merchant (“Merchant Personal Information”).
- “Contact Us” Information. If you send us a “Contact Us” request, whether by submitting an online form that we make available or by sending an email to an email address that we display, you may be required to provide us with certain information, such as your name, email address and phone number, and you may also choose to provide us with certain optional information, such as your company name.
- Location Data. We may provide certain location-based services (“Location Services”) in connection with the App that are dependent on data related to the geographic location of your mobile device on which the App is installed (“Location Data”). If you choose to participate in these Location Services, you agree that we may collect or obtain your Location Data. You should be able to use the settings on your mobile device to turn off location-sharing features.
- Log Files. We may make use of log files. The information inside the log files includes internet protocol (IP) addresses, internet service provider (ISP), date/time stamp, referring/exit pages, clicked pages, clickstream data and any other information. We may use such information to analyze trends, administer the App, track users’ movement around the App and gather demographic information and well as to verify users’ identity and track bugs in the App.
- Cookies and Other Tracking Technologies. Our App may utilize “cookies”, anonymous identifiers and other tracking technologies in order to for us to provide our App and present you with information that is customized for you. A “cookie” is a small text file that may be used, for example, to collect information about activity on the App. Certain cookies and other technologies may serve to recall Personal Information, such as an IP address, previously indicated by a user.
- Mobile Device Data. We may collect limited information from your mobile device in order to provide the App. Such information may include your mobile device type, mobile device ID, and date and time stamps of App use. In addition, we may deploy tracking technologies within the App to help us gather aggregate statistics, but we will not use Personal Information for such purposes
The App may use analytics tools, such as the following:
- Google Ads.
- Apple iTunes Connect.
- Google Play Console.
- Publicly Available Information. Any content that you post or submit (including picking Drops, as described in the EULA), on or via the App (“User Submissions”) may be publicly available to other users of the App, and may also be accessed and used by people off the App. The notices and tools that we provide on the App are intended to inform you which information will be made publicly available. If you publish your contact information in any User Submission, you may receive unsolicited messages from other users of the App or the public. We, therefore, encourage you only to post information that you are sure you want to be accessible to anyone.
- The Way We Use Personal Information. If you submit or we collect Personal Information through the App, then we may use such Personal Information in the following ways:
- After you Pick a Drop via the App, we may transfer the following information to the Merchant: Your name, email address, telephone number, your profile picture and other Personal Information that you have provided to us when creating your Account or in connection with you use of the App, including your Third Party Account Information, in order for such Merchant to provide you with the Product if you choose to redeem the Pick and for such Merchant to record your purchase and/or redemption of the Drop that you Pick for its business purposes, and/or for such Merchant’s discretion on accepting any business proposals. [Ori – Please confirm/amend as applicable]
- If you are Merchant, we may disclose information regarding your business to App Users, for the purpose of allowing them to Pick Drops offered by you, or to redeem any offers made in the Drops that they Pick.
- We may use your Personal Information, via any applicable communication channel, including e-mail, SMS, etc., to: (i) provide and improve our App; (ii) send you marketing/advertisement communications that we believe may be of interest to you; (iii) contact you in connection with the App and certain programs or offerings that you may have registered for; (iv) identify and authenticate your access to the parts of the App that you are authorized to access; (v) send you updates or news regarding the App and our products; (vi) respond to a “Contact Us” or administrative request (for example, to change your password) or to other customer service and support requests; (vii) notify you of activity related to your Account; (viii) list you in our member directory made available only to other members of your building; and/or (ix) to confirm or authenticate your Voucher purchases and to provide you with information in connection with Vouchers that you purchase.
- We may disclose your Personal Information or any information you submitted via the App if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our EULA, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Where, our users, yourself or the public.
- Use of Anonymous Information. We may use Anonymous Information (as defined below) or disclose it to third party service providers and Merchants in order to improve our App and enhance your experience with the App. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our App.
- Opting Out. You may choose not to receive future promotional, advertising, or other App-related emails from us by selecting an unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative emails (for example, in connection with a password reset request) that are necessary to facilitate your use of the App.
- Choice. At all times, you may choose whether or not to provide or disclose Personal Information. If you choose not to provide mandatory Personal Information, you will not be able to access or use the App.
- Access and Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any of your other Personal Information that we may be storing, you may use the tools that we make available on the App or you may submit an access request by sending an email to: Info@wherehappyhour.com. Your email should include adequate details of your request. If you no longer require our service, or wish to request your personal information be deleted/removed, please contact us using the aforementioned direct method.
- Children’s Privacy. The App is not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at: Info@wherehappyhour.com.
- Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use reasonable acceptable means to protect your Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security on the App, you can contact us at: Info@wherehappyhour.com.
- Merger, Sale or Bankruptcy. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing events.
Last updated: May 2019
End User License Agreement
PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP.
By accepting this End User License Agreement (“Agreement”) or by installing and/or using the Where mobile software application (“App”), you expressly acknowledge and agree that you are entering into a legal agreement with Where, a company in formation (“Where”, “we”, “us” or “our”) and have understood and agree to comply with, and be legally bound by, the terms and conditions of this Agreement. You hereby waive any applicable rights to require an original (non-electronic) signature, delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the App.
- Background. The App provides a social network platform that connects App users with businesses in their areas, allowing businesses to publish special offers and promotions to App users, and allowing App users to select offers they are interested in.
- Ability to Accept. By installing the App you affirm that you are over thirteen (13) years of age. If you are between the age of thirteen (13) and eighteen (18) years then, prior to installing the App, you must first review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.
- Modification. We reserve the right, at our discretion, to change this Agreement at any time. Such change will be effective 10 days following posting of the revised Agreement in the App, and your continued use of the App thereafter means that you accept such change. You should check from time to time and see whether any modification or change has been made to this Agreement. Notwithstanding the foregoing, to the maximum extent permitted by law, the portion of this Agreement applicable to Drops and Picks (as defined below) and the manner in which Slots, Picks or Drops (as such capitalized term are defined below) may be made, obtained and/or redeemed, are subject to change by us at any time without prior notice, including with respect to Picks already performed.
- License. Subject to the terms and conditions of this Agreement, we hereby grant you, and you accept, a personal, fully revocable, non-exclusive, non-sublicensable, non-assignable and non-transferable license, for such time as this Agreement is in effect, to: (i) download, install and use the App on a mobile telephone, tablet or device (each a “Device”) that you own or control; and (ii) access and use the App on that Device in accordance with this Agreement and any applicable Usage Rules (as defined below).
- In order to use some of the services of the App, you will have to create an account (“Account”). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. If you wish to delete your Account you may send an email request to us at email@example.com.
- You may choose to create an Account by clicking on a ‘connect’ or ‘sign-in’ button that we display on the App and logging-in to the App through your account on a designated third party website or service, such as Facebook or Google (each, a "Third Party Account"). Doing so will enable you to link your Account and your Third Party Account. If you choose this option, then you will be required to approve the connection as well as the types of information (which may include personal information) that we will obtain from your Third Party Account and the types of activities that we may perform in connection with your Third Party Account. Please note that in order to use this option, you will need to have, and may need to be signed-in to, an existing Third Party Account. We may share information from your Third Party Accounts with Merchants when you Pick their Drop.
- Restrictions. You shall not, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the App; (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) copy, distribute, broadcast, rent, lease, lend, export, modify, adapt, translate, enhance, customize, or otherwise create derivative works of, the App or any part thereof; (iv) disassemble, reverse engineer, decompile, decrypt or attempt to derive the source code of the App; (v) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vi) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vii) use, send, upload, post, transmit or introduce any device, code, routine or other items (including without limitation bots, viruses, worms, and Trojan horses) that interferes (or attempts to interfere) with the operation or integrity of the App, nor any content that is unlawful, infringing, defamatory, deceptive, obscene fraudulent, harassing, pornographic, or abusive; (viii) use the App to design or develop any competing product or service that competes with the App; (ix) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (x) use the Where name, logo or trademarks without our prior written consent; and/or (xi) use the App for any unlawful or fraudulent purpose, to breach this Agreement, or to infringe or misappropriate any third party intellectual property, privacy, or publicity right.
- Usage Rules. If you are downloading the App from a third party mobile application platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in Section 27 below entitled “Distributor Requirements and Usage Rules”, but other Usage Rules may be applicable, depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App. If you are unable to make such a representation you are prohibited from installing and/or using the App.
- Slots, Picks, and Drops
- Drops and Notifications. The App allows you to receive notifications that inform you of offers regarding goods, services or experiences (each, a “Product” and collectively, “Products”) made by third parties (“Merchants”) in your area, in accordance with the settings and preferences you input in the App. Each offer made by a Merchant on the App is referred to herein as a “Drop”, and collectively, “Drops”.
- Picks. If you are interested in an offer included in a Drop, you may select such Drop on the App (“Pick”) to indicate your interest. When you Pick a Drop, you may approach the Merchant at the location specified in the App, in connection with receiving the Product(s) offered in the Drop that you Picked. Once you have Picked a Drop, you shall not be entitled to Pick the same Drop again. You may only approach a Merchant to exercise a Drop published by such Merchant, after Picking such Drop on your Account. Your receipt of a Product offered in a Drop you have Picked shall be subject to: (i) this Agreement; (ii) any additional terms and conditions set forth in the App or in the Drop (“Additional Terms”); (iii) your payment to the Merchant of any applicable fees charged by the Merchant for the Product, as may be determined by the Merchant; (iv) any terms, requirements and/or restrictions established by the Merchant, at the Merchant’s sole and absolute discretion, whether included in the Drop or otherwise specified by the Merchant at any time (these may include, without limitation, restrictions on the time, manner, quantities, and locations in or at which Drops may be Picked or Products may be received) (“Merchant Terms”); and (v) Product availability. You are required to create an Account in order to receive notifications about Drops. Termination of your Account for any reason may result in the disablement of any Drops you have Picked on your Account.
- Slots. You are entitled to a certain amount of slots on the App, which you may exercise to perform Picks (each, a “Slot”, collectively, “Slots”). For each Pick completed on your Account, one Slot on your account balance will become unavailable. Each Slot allows you to perform one Pick for one Drop, so that the maximum number of Drops you may Pick on the App is limited by the number of Slots available for your Account.
- Availability. The quantity, availability or content of Slots and/or Drops may vary, and we reserve the right, at our sole and absolute discretion, to remove or add Slots and/or Drops, change the number of available Slots on any Account, change the available Drops, or refrain from making available or publishing any Slots or Drops at all. Without derogating from the generality of the foregoing, we shall have sole and absolute discretion in deciding which Drops will be displayed in the App and to which App users.
- Redeeming Picked Drops. Each Drop may only be redeemed once per user (provided it was Picked by such user). The Drop redemption shall be performed at the relevant Merchant’s establishment, by the Merchant. Where shall not be responsible or liable to any App user or third Party with respect to the process of exercising the offer made in a Drop and/or for failure of any Merchant to fulfill a Drop or provide a Product for any reason, or for any unavailability of Products offered in any Drop. You may be required to: (i) display the Pick on your Account to the Merchant; (ii) present identification, and/or (iii) otherwise demonstrate that you are the owner of the Account from which the Drop being redeemed was Picked, and failure to do any of the foregoing, or to otherwise comply with the terms this Agreement, any Additional Terms or any Merchant Terms, may result in the Merchant refusing to fulfill a Drop you have Picked or you inability to receive a Product, and Where shall not be responsible or liable to you or to any third party in such event. Drops may be limited in time as set forth in the Additional Terms and/or Merchant Terms, in which case if the Drop is not Picked and redeemed within the limited period, the Drop may expire. Expired Drops may not be redeemed, even if Picked prior to their expiration. Without derogating from the foregoing, Where shall not be responsible or liable to you, or to any third party, in connection with the acts or omissions of Merchants with respect to any Drops or Products, or the quality of any Products.
- Restrictions on Use
- Drops cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by the Merchant.
- Exercise of a Drop shall be void to the extent prohibited by law or not consistent with this Agreement, the Additional Terms and/or Merchant Terms. Any attempted redemption prohibited by law or that is not consistent with this Agreement, the Additional Terms and/or the Merchant Terms may render the Drop void.
- Drops may not be exchanged or redeemed for cash or currency of any kind and may only be used as permitted by the App.
- Slots and Picks are personal to the Account owner. Slots and Picks may not be transferred or traded with any other person or entity.
- Payments to Merchants. If redeeming a Drop or receipt of a Product is subject to payment, you shall pay the applicable fees to the Merchant, as required by the Merchant. Where shall have no responsibility or liability to any App user of third party with respect to payments made to any Merchant (including for refunds). If you are required, by law or otherwise, to withhold or deduct any amount from the sum payable, then this should be brought to the Merchant and shall be conducted at the Merchant’s sole discretion. You hereby waive any right for such deduction from Where.
- Pick Cancellations. Picks may not be cancelled. You shall not be entitled to reinstate a Slot once you have completed a Pick and the Slot has become unavailable, including by canceling your Pick or by not redeeming or exercising the offer contained in the Drop you Picked for any reason.
- Merchant Registration and Drop Creation. The App allows you to register as a Merchant in order to create Drops and offer Products to other App users. If you wish to use the App as a Merchant, you must:
- create an Account, and
- in your Account, register your business and Products via the designated registration form(s) (“Merchant Registration Form”).
- Drop Offering. You may, via your Account, create Drops in connection with Product that you provide via the Drop registration wizard on the App, and make them available to App users. In the Drop creation process, you may choose to provide certain information, such as a description of the Drop and relevant Products and a relevant image (“Drop Information”). The Drop(s) you create may be displayed to, and may be Picked by, other App users. We shall have sole and absolute discretion in deciding which Drops will be displayed in the App and to which App users. Without derogating from the generality of the foregoing, we reserve the right to do any of the following, for any reason and at any time, in our sole and absolute discretion: (i) remove any Drop that is displayed in the App; (ii) not to display your Drop in the App.
- Merchant Obligations. Once you have registered as a Merchant, you may create Drops If you choose to register as Merchant on the App and/or create Drops, you hereby agree to provide accurate and complete information in the Merchant Registration Form and Drop Wizard and in your Drops. Without derogating from the obligations and restrictions applicable to you under this Agreement as an App user, you shall not: (i) permit any third party to register as a Merchant and/or create or publish Drops on your behalf, except as otherwise expressly permitted in the App or in this Agreement; (ii) conduct yourself in a deceitful or fraudulent manner, or in bad faith, with respect to registering as a Merchant, offering Drops and fulfilling offers included in Drops or knowingly create and make available Drops that you are not reasonably able to redeem. A Merchant may only redeem Drops that are presented by the App user that Picked such Drops. The Merchant shall be solely and exclusively responsible for verifying the identity of any person that requests to redeem a Drop, and that the redemption of the Drop is compliant with the terms and conditions of this Agreement, the Additional Terms, the Merchant Term and all applicable laws and regulations. A Drop must refer only to Products sold by the Merchant.
- Drop Redemption. The Merchant is solely responsible for fulfilling Picked Drops and for providing Products. Where shall not be responsible or liable to the Merchant or anyone on its behalf, or to any third party, for: (i) any App user’s transfer of, or attempt to transfer, a Drop; (ii) failure of any App user to redeem a Drop that they have Picked; or (iii) failure of any App user to comply with any instructions or restrictions related to a Drop, its redemption or use of a Product, whether or not included in the Additional Terms or Merchant Terms. Without derogating from the foregoing, Where shall not be responsible or liable to the Merchant or anyone on its behalf, or to any third party, in connection with the acts or omissions of App users with respect to any Drops or Products.
- Local Laws. THE TERMS OF THIS AGREEMENT APPLICABLE TO DROPS, ADDITIONAL TERMS AND MERCHANT TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAWS. Offering and/or use, or any attempt to offer and/or use, a Drops or Products, shall be void to the extent prohibited by law or not consistent with this Agreement. Any attempted redemption prohibited by law or that is not consistent with this Agreement may render the Drop void.
- Responsibility. You acknowledge and agree that you, and not Where, are solely responsible for your own acts and omissions with respect to your redemption of a Drop, use or offering of Products, and/or interaction with any Merchant and/or other App user. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Where, and release Where from any and all liability, arising from your redemption of a Drop, use or offering of Products and/or interaction on any Merchant and/or other App user. If you have any query or complaint regarding a Drop, Merchant and/or other App user, or Product, you agree to contact the Merchant and/or other relevant App user (as applicable) directly. You further agree that you will not involve Where in any dispute or litigation arising out of any transaction or agreement with any Merchant and/or other App user. If you nevertheless attempt to involve Where in any such dispute or litigation, you will be required to pay all fees and other costs and expenses incurred by Where as a result. WHERE IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY MERCHANT AND/OR OTHER APP USER, OR FOR ANY MERCHANT’S AND/OR OTHER APP USER’S, COMPLIANCE WITH ANY AGREEMENT (INCLUDING THIS AGREEMENT), PICK, DROP, OR APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT: (I) WHERE DOES NOT ENDORSE, CONTROL, EMPLOY, OR SUPERVISE, ANY MERCHANT, THE INFORMATION OR CONTENT PROVIDED BY THE MERCHANT (INCLUDING WITHOUT LIMITATION AS PART OF THE DROP), OR THE PRODUCT SUCH MERCHANT PROVIDES; AND (II) THE MERCHANT IS NOT AN EMPLOYEE OR AGENT OF WHERE AND IS NOT CONTRACTED BY WHERE TO PROVIDE YOU WITH THE PRODUCT.
- Payments to Where. Unless otherwise agreed between you and us, your general right to access the App is currently for free. We may, now or in in the future, charge a fee for certain access to, or usage of, the App. Any fees or payments charged by us with respect to your use of the App (if any) shall be determined, and may be modified at any time, in our sole and absolute discretion. You will not be charged for any such uses of the App unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the App. Please be aware that your use of the App may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
- Intellectual Property Rights
- Ownership. The App is licensed and not sold to you under this Agreement and you acknowledge that Where and its licensors retain all title, ownership rights and Intellectual Property Rights in and to the App (and its related software). We reserve all rights not expressly granted herein to the App. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
- Content. The: (i) content on the App, including without limitation, the text, information, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, “Materials”); (ii) User Submissions (as defined below); and (iii) trademarks, service marks and logos contained therein (collectively, “Marks” and together with the Materials and User Submissions, the “Content”), are the property of Where and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Where?”, the Where logo and other Marks are Marks of Where and its affiliates. All other Marks used on the App are the property of their respective owners. We reserve all rights not expressly granted in and to the App and the Content.
- Use of Content. The Content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
- Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the App, including in any Drops, is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
- Third Party Content
- The App may contain or display content from Third Party Sources (as defined below), such as: (i) links to third party websites that are not owned or controlled by us; and (ii) advertisements and other materials not operated or endorsed by us (collectively, “Third Party Content”). “Third Party Source(s)” means (a) third party websites and services; and (b) our partners and customers.
- We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights of, or relating to, any Third Party Content. Furthermore, we do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third Party Content or that is communicated to you from a Third Party Source.
- By using the App you may be exposed to Third Party Content that is inaccurate, offensive, indecent or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
- You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Where, and release Where from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly. You further agree that you will not involve Where in any dispute or litigation arising out of any transaction or agreement with any Third Party Source. If you nevertheless attempt to involve Where in any such dispute or litigation, you will be required to pay all fees and other costs and expenses incurred by Where as a result.
- Messages. The App may permit you to send messages to a Third Party Source or to other App users (“Messages”). You are solely responsible for your Messages and the consequences of sending them and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us a worldwide license to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, software or services of third party service providers to facilitate the sending of Messages to your designated recipients). You represent and warrant that you own or have the necessary rights and permissions to use all of the Intellectual Property Rights in and to your Messages, and to grant the foregoing license to us. You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of Section 17 (User Submissions) below shall also apply to Messages that you send via the App.
- User Submissions
- Posting User Submissions. The App may permit the hosting, sharing, posting, and publishing of content by you and other users (“User Submissions”), including without limitation Drops. Your User Submissions may be posted to the App, or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.
- Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by This Agreement. You retain all of your ownership rights in your User Submissions.
- Exposure. You understand and acknowledge that when accessing and using the App: (i) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to (i) and (ii) herein.
- Disclosure. We reserve the right to access, read, preserve and disclose any User Submission or any other information that we obtain in connection with the App as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce this Agreement, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to your user support requests; or (v) protect the rights, property or safety of Where, our users or the public.
- Prohibited Content. You agree that you will not send, display, post, submit, publish or transmit a User Submission or Message that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; (x) contains a virus or other harmful component designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or that is designed to obtain unauthorized access to any information; and/or (xi) breaches this Agreement. Where generally does not, and will not be obligated in any way to pre-screen, monitor or edit any User Submissions or other content posted by users of the App. However, Where reserves the right to remove any User Submissions or other content that, in its sole discretion, does not comply with this Agreement or is otherwise harmful, objectionable, or inaccurate. In any event, C² will not be liable for any failure or delay in removing any such User Submissions or other content.
- If you provide us with personal information of your vendors, roommates, property management or other third parties (“Third Party Information”), you are required to obtain and maintain all necessary consents, rights and authorizations and display all notices required under applicable privacy laws and regulations in order to provide us with, and to allow us to collect, Third Party Information in connection with your use of the App. You further acknowledge that if you do not agree to the collection and/or use of Third Party Information us, we may terminate this Agreement and your use of the App.
- Warranty Disclaimers
- This Section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
- THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHERE DOES NOT GUARANTEE THAT THE APP WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE APP MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WHERE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED IN THE APP BY A THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CONTENT.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTY AND ARE NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR: (i) THE FAILURE OF A MERCHANT TO HONOR A DROP; (ii) ANY INFORMATION PROVIDED REGARDING, OR THE CONTENT OF, ANY DROP OR PRODUCT; (Iii) THE FAILURE OF A USER TO COLLECT A PICKED DROP; (iV) THE QUALITY OF, OR DAMAGE TO, OR THE DELIVERY OF (OR FAILURE TO DELIVER), ANY PRODUCTS THE MERCHANT MAY PROVIDE OR FAIL TO PROVIDE; AND/OR (iv) ANY FAILURE OF THE APP OR IF YOU ARE UNABLE, FOR ANY REASON, TO PICK AND/OR REDEEM A DROP.
- WHERE DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, THIRD PARTY CONTENT, PRODUCT OR THE CONTENT OF ANY DROP, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT, THIRD PARTY CONTENT, PRODUCT OR THE CONTENT OF ANY DROP.
- YOUR INTERACTION WITH ANY MERCHANT AND/OR OTHER APP USER IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY MERCHANT AND/OR OTHER APP USER IN CONNECTION WITH THE APP, DROP AND/OR PICK AND/OR PRODUCT, YOU AGREE THAT WHERE IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WHERE RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE AND, IN ITS SOLE JUDGMENT, CHARGE, DEDUCT OR RETURN AMOUNTS RECEIVED OR PAID BY YOU, AS NECESSARY, IN ITS SOLE DISCRETION, TO RESOLVE THE DISPUTE. WHERE SHALL NOT BE RESPONSIBLE FOR THE CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY MERCHANT AND/OR OTHER APP USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, DISCRIMINATORY OR NEGLIGENT CONDUCT) OF ANY MERCHANT AND/OR OTHER USER OR BUSINESS OPERATOR, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- BY USING THE APP OR PICKING A DROP, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER APP USERS AND/OR MERCHANTS OR OTHER THIRD PARTY WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR APP USER, MERCHANT OR OTHER THIRD PARTY WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM WHERE WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.
- Limitation of Liability
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WHERE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THIS AGREEMENT OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APP OR ANY PART THEREOF, ANY INFORMATION PROVIDED THROUGH THE APP AND/OR ANY DROPS, PICKS OR PRODUCTS. EVEN IF WHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
- Without derogating from the foregoing, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WHERE FOR ANY DAMAGES ARISING: (i) UNDER THIS AGREEMENT (ii) OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APP OR ANY PART THEREOF, ANY INFORMATION PROVIDED THROUGH THE APP, EXCEED THE TOTAL AMOUNT OF NIS100.
- Indemnity. You agree to defend, indemnify and hold harmless Where and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App or any part thereof; (ii) your interaction with any App user and/or Merchant (including without limitation your failure to honor or pay for any Drop or Pick or agreement with a Merchant, as applicable); (iii) your violation of this Agreement and/or any Drop Terms; or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this Section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
- Updates and Upgrades. We may from time to time provide updates or upgrades to the App (each, a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
- Term and Termination
- This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App or any part thereof with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App.
- Upon termination of this Agreement, you shall cease all use of the App. This Section 23.2 and Sections 13 (Intellectual Property Rights), 18 (Privacy), 19 (Warranty Disclaimers), 20 (Limitation of Liability), 21 (Indemnity), and 24 (Assignment) to 26 (General) shall survive the termination of this Agreement.
- Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Where without restriction or notification.
- Governing Law and Disputes. This Agreement and any disputes relating thereto shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yaffo, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
- General. This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and Where concerning the App. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. Where reserves the right to discontinue or modify any aspect of the App or any part thereof at any time. Except as otherwise stated herein, no amendment to this Agreement will be binding unless in writing and signed by Where. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Distributor Requirements and Usage Rules
- Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
- You acknowledge and agree that:
- this Agreement is concluded between Where and you only, and not with Apple, and Where and its licensors, and not Apple, are solely responsible for the App and the content thereof;
- your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement;
- the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
- Where is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law and Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- Where is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed and in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Where’ sole responsibility;
- Where, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, including in connection with the App’s use of HealthKit and HomeKit frameworks;
- in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and
- Apple and its subsidiaries are third party beneficiaries of this Agreement and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
- You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints, or claims regarding the App, please contact us at:
Address: Gruzenberg 13, Tel Aviv, Israel.
- By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
Last updated: May 2019
Where (“us”, “we”, or “our”) operates the website and the Where mobile application (the “Service”).
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Use of Data
Where uses the collected data for various purposes:
To provide and maintain the Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer care and support
To provide analysis or valuable information so that we can improve the Service
To monitor the usage of the Service
To detect, prevent and address technical issues
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Israel and choose to provide information to us, please note that we transfer the data, including Personal Data, to Israel and process it there.
Disclosure Of Data
Where may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of Where
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Effective date: September 20, 2018