Effective: October 1, 2019
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. WhooCan may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Review the arbitration agreement set forth below carefully, as it will require you to resolve disputes with WhooCan on an individual basis through final and binding arbitration. By entering this agreement, you expressly acknowledge that you have read and understand all of the terms of this agreement and have taken time to consider the consequences of this important decision.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on WhooCan.net) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
WhooCan may amend the Terms from time to time. Amendments will be effective upon WhooCan’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against WhooCan on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against WhooCan, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against WhooCan by someone else.
You and WhooCan agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and WhooCan, and not in a court of law.
You acknowledge and agree that you and WhooCan are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and WhooCan otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and WhooCan each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of South Carolina.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of South Carolina and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Unless you and WhooCan otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $5,000, then the arbitration will be conducted solely on the basis of documents you and WhooCan submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. WhooCan will seek and retain all rights WhooCan may have under applicable law to recover, attorneys’ fees and expenses if WhooCan prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $1,000, WhooCan will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if WhooCan changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing WhooCan written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either by email from the email address associated with your Account to: firstname.lastname@example.org . In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and WhooCan in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
The Services comprise mobile applications and related services (each, an “Application”), which enable users to arrange and schedule appointments, logistics and/or delivery services and/or to sell certain goods, including with Service Partner of such services and goods under agreement with WhooCan or certain of WhooCan’s affiliates (“Partner”). Unless otherwise agreed by WhooCan in a separate written agreement with you, the SERVICES and any bookings are made available solely for you or your company’s use. You acknowledge that your ability to obtain bookings for services through WhooCan’s platforms does not establish WhooCan as a provider of services in any way.
Subject to your compliance with these Terms, WhooCan grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by WhooCan and WhooCan’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by WhooCan; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
You acknowledge that portions of the Services may be made available under WhooCan’s various brands or request options associated with services request brands currently referred to as “WhooCan,” WhooCanGo, WhooCanDate. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of WhooCan’s subsidiaries and affiliates; or (ii) independent Partner Providers.
Your access to the Services using these devices is subject to terms set forth in the applicable Partner or Client beneficiary’s terms of service.
The Services and all rights therein are and shall remain WhooCan’s property or the property of WhooCan’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner WhooCan’s company names, logos, product and service names, trademarks or services marks or those of WhooCan’s licensors.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to WhooCan certain personal information, such as your name, address, mobile phone number and age, as well as one valid banking account number where you intend to receive payment for bookings. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by WhooCan in writing, you may only possess one Account.
Access and use of the Service’s Client / User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to WhooCan certain personal information, such as your name, address, mobile phone number and age, as well as one valid credit card number where you intend to be charged for services for bookings. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services.
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by WhooCan in writing, you may only possess one Account.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to book appointments or render services from Partner Providers unless permitted by law. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Partner Provider or any other party. In certain instances, you may be asked to provide proof of identity or another method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or another method of identity verification.
You agree that WhooCan may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a WhooCan account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from WhooCan at any time, either by texting the word “STOP TEXTING” by EMAILING support@WhooCan.net. If you do not choose to opt out, WhooCan may contact you as outlined in its User Privacy Statement, located at https://whoocan.net/privacy-policy/.
WhooCan may, in WhooCan’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to WhooCan through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to WhooCan, you grant WhooCan a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and WhooCan’s business and on Partner sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant WhooCan the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor WhooCan’s use of the User Content as permitted herein will infringe, misappropriate or violate a Partner’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide any Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by WhooCan in its sole discretion, whether or not such material may be protected by law. WhooCan may, but shall not be obligated to, review, monitor, or remove User Content, at WhooCan’s sole discretion and at any time and for any reason, without notice to you.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. WhooCan does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
As a Partner Provider, you understand that use of the Services may result in payments to you for the services or goods you render (“Payments”). WhooCan will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes and fees where required by law. Charges may include other applicable fees, and/or surcharges including a booking fee, local surcharges. All fees and payments collected will be paid directly to your designated account minus a 20% booking fee that remains the sole property of WhooCan. The booking fee is calculated by adding all services booked on each transaction. Other taxes and surcharges are not included in the 20% booking fee and these collected fees are passed through to the Partner Provider with no additional charges. These payments will be sent to your bank account via an online Automatic Clearing House (ACH) transfer. These transfers occur one time per week and will be all inclusive of all services and surcharges, taxes and fees minus WhooCan’s booking fee for the previous 6 days. These transfers occur each Friday at 6 pm Eastern Standard Time. Depending on your bank, these payments are usually available to you within 2-3 business days following the transfer.
After you receive the transfer it is the sole responsibility of you the Provider Partner to pay all other fees, taxes and any other financial obligations for such services rendered and you hereby release WhooCan from any and all responsibility for paying such applicable fees and taxes that may be required by law.
All payments will be initiated by WhooCan using the preferred payment method designated in your Account. If your primary method of receiving payments is determined to be expired, invalid or otherwise not able to be used, you agree that WhooCan may use a secondary method to credit your Account, if available. Payments received by you through WhooCan’s platform and devices are final and all-inclusive of any and all applicable taxes and or fees, unless otherwise determined by WhooCan.
For any ACH transfers that are returned to WhooCan due to a problem with the Partner providers bank there is a $10.00 ACH return fee per ACH transfer.
Charges to Clients / Users You understand that use of the Services will result in charges to you for the services or goods you receive (“Charges”). WhooCan will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, and/or surcharges including a booking fee, local surcharges.
All Charges and payments will be enabled by WhooCan using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that WhooCan may use a secondary payment method in your Account, if available. Charges paid by you through WhooCan’s platform and devices are final and non-refundable, unless otherwise determined by WhooCan.
As between you and WhooCan, WhooCan reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in WhooCan’s sole discretion.
As between you and WhooCan, WhooCan reserves the right to establish, remove and/or revise booking fees for any or all services or goods obtained through the use of the Services at any time in WhooCan’s sole discretion. WhooCan will use reasonable efforts to inform you of changes of fees or charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. WhooCan may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
In certain cases, with respect to clients, Charges for additional services you render and perform outside of WhooCan’s booking platform shall be paid directly to Partner Providers, and WhooCan will not collect payment of those charges for you, on the client’s behalf, and payment of the Charges shall be considered a sales transaction solely between the Partner and customer. In such cases, you retain the right to request lower or higher Charges from a client/user for services or goods rendered by you at the time you rendered such services or goods. WhooCan may or may not designate a portion of payments as a tip or gratuity to a Partner. Any representation by WhooCan (on WhooCan’s website, in the Application, or in WhooCan’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you receive for services or goods provided is not intended to suggest that WhooCan provides any additional amounts, beyond those described above, to a Partner Provider. You understand and agree that, while client users are free to provide additional payment as a gratuity to any Partner Provider who provides services or goods obtained through the Service, client users are under no obligation to do so. Gratuities are voluntary. Partner Providers can change any service fee promoted on the WhooCan platform at their sole discretion up to one time per week.
In the case where a booking is made through the WhooCan platform and then the Partner Provider is unable to perform the service, WhooCan will refund the collected amount back to the client in full through our platform.
WhooCan takes no responsibility for appointments that were booked but were not performed through fault of either the partner or user. Partner Providers are able to post and then delete up to three appointments per month on the platform. This three-appointment limit does not include multiple deleted appointments on the same day. Any deleted appointment more than three a month is grounds for the suspension of that Partner Providers account.
The services are provided “as is” and “as available.” WhooCan disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
In addition, WhooCan makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, legality or valid licensee or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. WhooCan does not guarantee the quality, suitability, safety or ability of clients or partner providers. WhooCan does not vet Partner Providers in any way and the client /user agrees to use services at their own risk and responsibility.
You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
WhooCan shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, regardless of the negligence (either active, affirmative, sole, or concurrent) of WhooCan, even if WhooCan an has been advised of the possibility of such damages.
WhooCan shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any partner provider, even if WhooCan has been advised of the possibility of such damages. WhooCan shall not be liable for delay or failure in performance resulting from causes beyond WhooCan’s reasonable control. You acknowledge that partner providers rendering services requested through WhooCan services may not be professionally licensed or permitted.
The services may be used by you to request and schedule appointments with partner providers, but you agree that WhooCan has no responsibility or liability to you related to any services provided to you by partner providers other than as expressly set forth in these terms.
The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, WhooCan’s liability shall be limited to the extent permitted by law. This provision shall have no effect on WhooCan’s choice of law provision set forth below.
You agree to indemnify and hold WhooCan and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) WhooCan’s use of your User Content; or (iv) your violation of the rights of any Partner, including Partner Providers.
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of South Carolina, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-South Carolinians to assert claims under South Carolina law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of South Carolina law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending South Carolina law to you if you do not otherwise reside in South Carolina. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to WhooCan’s designated agent. Please email email@example.com for the designated address and additional information.
WhooCan may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to WhooCan, with such notice deemed given when received by WhooCan, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o WhooCan, LLC. The name and current contact information for the registered agent in each state are available online.
You may not assign these Terms without WhooCan’s prior written approval. WhooCan may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of WhooCan’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, Partnership, employment, or agency relationship exists between you, WhooCan or any Partner Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
WhooCan’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WhooCan in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
As part of the services offered by the Site, WhooCan permits its Partners to post openings for Users. When a Partner elects to post an opening for a particular service on the Site, the Partner covenants and agrees that he/she/it will be prepared to perform such services at or before the designated time. User and Partner Provider agree that all appointments found and or located by the use of WhooCan’s services will be booked through WhooCan directly and respectively. Any bookings between a Partner Provider and User identified through WhooCan’s services but not booked through WhooCan’s platform will result in an automatic termination of both the User and the Partner Provider’s accounts. If the Partner is unable to perform the service at the appointed time after accepting/scheduling such, he/she/it understands that there will be a $10.00 cancellation fee placed on their account per cancellation. You acknowledge and agree that WhooCan may suspend or terminate Your account when You fail to perform any scheduled service at an agreed appointment. You represent, covenant and agree further that You will not post any openings or accept any bookings at which You do not intend to perform to the best of your abilities, and You covenant and agree further to refrain from any and all conduct which may be averse to the interest of each of the client user featured on the Site.
Each Provider covenants and agrees to defend, indemnify and hold harmless WhooCan from and against any and all conduct which may be averse to any of the businesses soliciting appointments on the Site.
We reserve the right to modify, update, or discontinue the Site at Our sole discretion, at any time, for any or no reason, and without notice or liability.
We reserve the right to exercise whatever lawful means We deem necessary in order to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping and contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
We may terminate or suspend Your account or ability to use the Site, in whole or in part, at Our sole discretion, for any or no reason, and without notice or liability of any kind. For example, We may terminate or suspend Your account or ability to use the Site if You breach this User Agreement or are suspected of involvement in illegal activity. Any such termination or suspension could prevent You from accessing Your account, the Site, Your Content, Site Content or any other related information. You may terminate this User Agreement at any time by closing Your account, discontinuing Your use of any and all parts of the Site. If You close Your account, We will use commercially reasonable efforts to stop displaying Your account profile on the Site, but may continue to display Your Content. In the event of any termination, this User Agreement will continue in full force and effect, including Our right to use Your Content.
We own the WhooCan Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate User review ratings and all other elements and components of the Site excluding User Content and Third-Party Content.
We also own the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the WhooCan Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the WhooCan Content in whole or in part except as expressly authorized by Us. Except as expressly and unambiguously provided herein, We do not grant You any express or implied rights, and all rights in and to the Site and the WhooCan Content are retained by Us.
The Site may include links to other websites (each, a “Partner Provider Site”). We do not control or endorse any Partner Provider Site, and You agree that We are not responsible for the availability or contents of such Partner Provider Sites.
Your use of a Partner Provider Site is at Your own risk. You may not distribute, sell, rent, sublicense or lease such Partner Provider Content, in whole or in part, to any third party; and You may not use it for any other purpose other than Your personal, non-commercial use.
WhooCan may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services and/or a Partner Provider’s services, or other features or benefits related to the Services and/or a Partner Provider’s services, subject to any additional terms that WhooCan establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by WhooCan; (iii) may be disabled by WhooCan at any time for any reason without liability to WhooCan; (iv) may only be used pursuant to the specific terms that WhooCan establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. WhooCan reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that WhooCan determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of WhooCan’s Terms.
These WhooCan Referral Program Rules (“Program Rules”) govern your participation in the WhooCan Referral Program. The Program Rules are in addition to any agreements between you and WhooCan. The WhooCan Terms are incorporated by reference and shall apply to your participation in the WhooCan Referral Program, including, if necessary, to resolve any disputes between you and WhooCan related to or arising out of the Referral Program.
The WhooCan Referral Program (“Referral Program”) is offered by WhooCan, LLC. and its affiliates (together referred to as “WhooCan”) and provides Clients who are interested in referring their family and friends (“Referrers”) the opportunity to refer eligible individuals to join the WhooCan community as new Clients or Vendors/Partners. These Program Rules apply to both referrers and referred Clients, so please read carefully to understand your respective rights and obligations.
WhooCan Referral Codes
Under the Referral Program, WhooCan may provide you with a unique alphanumeric code (“WhooCan Referral Code”) to distribute to eligible individuals to become new Clients or Partners. WhooCan may also provide you the ability to create additional WhooCan Codes. WhooCan owns all rights in and to any WhooCan Code whether provided to you or created by you. You acknowledge and agree that: (a) WhooCan may limit the number of WhooCan Codes you may create or are made available to you, (b) you have no ownership rights in any form over the WhooCan Codes, and (c) WhooCan may reclaim, deactivate, invalidate or terminate your WhooCan Code at any time at its discretion.
To be eligible to participate in the Referral Program as a referrer, you must (a) be a legal resident of your country; (b) be the age of majority in your territory of residence; and (c) maintain a WhooCan account in good standing. Referrers may be Clients or Partners. A single person may use the WhooCan Platform in several ways (for example, as a Client and Partner). However, if you violate the Referral Program Rules or any applicable Terms of Service, WhooCan may suspend or terminate your ability to participate in the Referral Program under any or all of your accounts. For example, if you are a Client and Partner and you engage in prohibited referral activity under your Partner account, WhooCan may terminate your ability to participate in the Referral Program under all of your WhooCan accounts. See supplemental terms and conditions for specific promotions at www.whoocan.net/currentpromotions.
You may also invite eligible individuals to become new Clients by distributing your WhooCan Code directly and instructing them to manually input your WhooCan Code into the WhooCan App. A Client will not be able to apply your WhooCan Code if (i) they’ve already applied another Client’s WhooCan Code or a different promotion code, (ii) they’ve already received WhooCan credit from WhooCan or another source on their User account prior to entry of your WhooCan Code, or (iii) they book a service through WhooCan prior to entering your WhooCan Code in their Account. A Partner will not be able to apply your WhooCan Code if they start their application without entering your Code. If a Client does not enter your WhooCan Code, you will not receive attribution for the referral, and they will not be considered your Referred Client or Referred Partner. WhooCan reserves the right to supply new Clients with WhooCan credit or sign-on bonuses at its discretion.
Referral Rewards .
You are eligible to earn a referral incentive (“Referral Reward”) for each Referred Client and Referred Partner that you refer to the WhooCan Platform (subject to certain maximum limits and the other terms in these Referral Program Rules).
Referral Rewards can only be earned for Referrals in your state of residence and cannot be earned for cross-state boarder referrals. As discussed above, in order to qualify as your Referred Client or Referred Partner, the new Client must satisfy the applicable Reward Criteria. The Reward Criteria are set by WhooCan in its sole discretion and are subject to change at any time.
The Reward Criteria may vary by market or within a particular market. WhooCan, at its sole discretion, may make available certain promotions with different Reward Criteria or Referral Rewards to other Clients, Partners or prospective Clients or Partners. These promotions, unless offered to you, shall have no bearing whatsoever on your Agreement or relationship with WhooCan.
If the new Client that you refer satisfies the Reward Criteria, the type of Reward you are eligible to receive may depend on (i) which WhooCan Client account you used to refer the new client (in general, Partners can earn cash for Referred Clients paid out in their weekly earnings, whereas Clients receive WhooCan credits in their WhooCan account — the amount of the Reward may also vary depending on which User account you use), (ii) the WhooCan region associated with your WhooCan account (which may be the last location you have logged into the WhooCan application), (iii) the WhooCan region associated with the Referred Client when they apply your WhooCan Code, or (iv) other factors as determined and communicated by WhooCan.
b. Earning Rewards for Referred Clients .
New Clients you refer may receive WhooCan credit upon creating their new WhooCan account (“Referral Credit”). Referral Credit is only valid for use on the WhooCan Platform and is not transferable or redeemable for cash. Referral Credit may contain certain restrictions such as expiration dates or geographical use limitations which will be communicated to the new Client. New Clients should check the Promos tab within their WhooCan app to determine whether they have Referral Credit and any restrictions on its use. In order to satisfy the Referral Criteria, the referred Client must book their first WhooCan appointment before the Referral Credit expires, but in no event later than thirty (30) days from the creation of their WhooCan account. All terms and conditions for the distribution and use of Referral Credit are determined by WhooCan in its sole discretion.
c. Maximum Rewards for Referred Clients .
The maximum amount of Referral Rewards that WhooCan will pay for Referred Clients is to be announced in each individual Promotion that is under way at any particular time. See specific terms and conditions per promotion. This maximum Referral Reward amount shall apply across all of your WhooCan accounts (Client, Partner, and/or Local Partner). You may not create multiple WhooCan accounts to circumvent the Referral Reward maximum, and WhooCan may withhold or deny any amounts above the maximum Referral Reward. WhooCan reserves the right to change this maximum amount, and it is your responsibility to review the Referral Program Rules for the current maximum limits.
d. Earning Rewards for Referred Partners .
When you refer a new Partner to the WhooCan Platform you may be eligible for a Referral Reward if the Partner is approved and satisfies the Reward Criteria.
The applicable Reward Criteria varies by time, market, and promotion. WhooCan will confirm the applicable Reward Criteria for the Referred Partner (if any) upon submission of their Partner application. As a standing rule, the new Partner applicant must complete their Partner application and become approved to accept bookings on the WhooCan Platform within 30 days of starting the application in order to be eligible to complete the Reward Criteria.
In addition, the Reward Criteria for new Partners always includes providing a certain number of openings on the WhooCan Platform within a certain number of days of becoming approved to book (the specifics shall be confirmed upon application).
e. Maximum Rewards for Referred Partners .
WhooCan reserves the right to set a maximum amount of Referral Rewards you can earn per week (or any other time increment) for referring new Partners to the WhooCan Platform. It is your responsibility to review the Referral Program Rules for the current maximum limits. In addition to the foregoing, if you (i) have referred individuals in ten (10) or more states and/or, (ii) within any thirty (30) day period, received Referral Rewards in the amount exceeding one thousand dollars, WhooCan may automatically terminate your eligibility to participate in this WhooCan Referral Program. If you are found to be ineligible to participate in this Referral Program, WhooCan may provide you the opportunity to submit an application to participate in other programs WhooCan may offer; provided that, WhooCan has no obligation to do so. Participation in all programs is subject to WhooCan’s sole discretion and WhooCan does not guarantee participation.
f. Resolving Disputes over Referrals .
Only one person can earn a Referral Reward for a single Referred Client or Referred Partner. In the event that multiple persons claim credit for a particular referral, WhooCan has full discretion to determine which person earned such referral according to WhooCan’s systems.
g. Reservation of rights .
WhooCan reserves the right to withhold or deduct Referral Rewards or Referral Credit obtained through the Referral Program in the event that WhooCan determines or believes that the receipt of the Referral Reward or Referral Credit was in error, fraudulent, illegal, or in violation of these Referral Program Rules or any other applicable agreement between you and WhooCan.
In connection with your participation in the Referral Program, you expressly agree to the restrictions listed below. When distributing, promoting or communicating your Referral Code(s) you agree that:
You agree that you will not “spam” anyone with invitations to join the WhooCan community, and that you at all times will remain compliant with CAN-SPAM, the TCPA, and other applicable laws. The following specific activities are prohibited:
You agree that you will not attempt to mislead anyone in connection with the Referral Program, either by affirmative representation, implication, or omission. In particular, you agree that you will not:
You agree that you will not use the WhooCan brand in connection with:
You also agree that you will not:
The following terms shall also apply to your participation in the Referral Program.