Terms and Conditions
Acceptance of Terms and Conditions
Section 1. The Service
1.1 WooEB.com (the “Site”) is owned and operated by WooEB, Inc (“WooEB” or “we”, “our” or “us”). We provide a service (the “Service”) that brings together sellers of services and goods (“Merchants”) with buyers of services and goods (“Buyers”). Merchants provide us with a product and price (called an “Offer”) that they wish to extend to the Buyers, often a discount that Buyers can purchase. We make these Offers available for Buyers to see on our Site. When a Buyer purchases an Offer from the Merchant the Merchant is bound to fulfill the terms of the Offer. The collection of payment for the Merchant is done through a merchant account or PayPal account directly associated with the Merchant. Upon receiving confirmation of payment WooEB, on behalf of the Merchant, will provide the Buyer with a voucher (“Voucher”) redeemable for the applicable service or good.
1.2 These terms apply to you whether you are a Merchant or a Buyer. Hereafter Merchants and Buyers will be referred to as “you” or “User”. If any Terms apply to a unique subset of Users it will be indicated.
1.4 Because we strive to develop new ways to help our Users achieve their goals and provide the best experience for our users, we reserve the right to modify or discontinue any feature or aspect of the Site or Service at any time. As a result we must also reserve the right to change the Terms governing any Users use of the Site and Service at any time. Any change in the Terms will be effective upon posting the changes to this Terms page. Any use by you subsequent to these changes will constitute your acceptance of such changes. Therefore, we recommend checking back frequently to make sure you are always familiar with the current Terms. As a sole exception to this, for any Merchant where we have approved a submitted Offer, the Terms will not be deemed changed as to that Offer.
Section 2. Terms Applicable to Buyers Only
2.1 Offers often come with limitations. Buyers need to read the applicable terms of the relevant Offer. For example, Offers frequently are not available for use or redemption by individuals located outside the United States. Similarly, Offers for goods or services purchased at discount prices are often also subject to time limits or other restrictions which may require the Buyer to complete the transaction within a certain timeframe or in a certain manner in order to receive the benefit of the Offer. We will use reasonable efforts to make any limitations known to you when we post the Offer. You will not be able to redeem any Voucher in violation of the restrictions governing the Offer, and funds paid for such a Voucher will be non-refundable.
2.2 Unless otherwise stated in the Offer, there is a limit of one Voucher, per person, per Offer and Vouchers cannot be redeemed in partial amounts. To the extent allowed by law, Vouchers may be gifted or sold. However, Users purchasing multiple Vouchers for the purpose of reselling may have their accounts frozen and may be banned from participating in future Offers. Each Voucher is only usable one time. You are responsible for keeping the Voucher number secure. Neither the Merchant nor WooEB will be liable if your Voucher is lost or stolen.
2.3 Individual state or federal laws may limit the ability of a Merchant to set expiry dates or charge fees against a Voucher. To the extent that you are purchasing a Voucher in a jurisdiction which so limits the rights of the Merchant, the Voucher will be limited to the maximum extent permitted by applicable law, but no more. The value of each Voucher is the cash amount the Buyer actually paid for it. It is NOT the promotional value stated on the face of the Voucher (for example, but not by way of limitation, if the Buyer paid $25 for a Voucher which gives $75 value at the Merchant, the cash value that the Buyer paid is $25, not $75). While the expiration date on the Voucher dictates the last date that the Buyer can use the Voucher at the Merchant for the promotional value stated on the face of the Voucher, certain laws may provide that the Merchant is responsible for honoring the cash value paid by the Buyer beyond the expiration date stated on the Voucher. If applicable, these laws pertain to the Merchant, and it is the merchant’s sole responsibility (and not the responsibility of WooEB) to meet the obligations imposed by law upon the Merchant. However, if the Merchant is unwilling or unable to honor your voucher for the price you paid for it, please contact WooEB by clicking here. WooEB will issue you a refund in the form of credit to WooEB.com, but only after you have tried to redeem the voucher at the Merchant.
2.4 WooEB is an intermediary and agent of the Merchant, and merely markets promotional Vouchers on behalf of the Merchant. If the Buyer has problems with the Voucher or the goods and services, we will use reasonable efforts to assist the Buyer in dealing with the Merchant. However, we cannot and will not guarantee any issuance of refunds or credits. Buyers will have to obtain those from the Merchant, if applicable.
2.5 WooEB will determine a Buyer’s compliance with these Terms in its sole discretion. WooEB reserves the right to restrict, suspend, deny or terminate access to all or part of the Site or Service by any Buyer and to deny access to any Buyer in its sole discretion and without notice or liability of any kind.
2.6 Unless expressly specified in the Offer, your purchase of a Voucher does not include sales tax which may be due on the services or goods you receive from the Merchant. Your Voucher also does not include any gratuities that may be applicable. We recommend that you tip accordingly for the services you receive.
2.7 Use of Vouchers for alcoholic beverages is at the sole discretion of the Merchant and is subject to compliance with applicable law. All purchases of Vouchers for Merchants who sell or serve alcoholic beverages may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages.
2.8 Vouchers cannot be combined with any other vouchers, third party certificates, coupons or promotions unless otherwise specified by the Merchant.
2.9 For restaurant Merchants only: Vouchers are valid for dine-in only unless otherwise noted.
2.10 Vouchers may only be used towards the purchase of merchandise or services sold by the Merchant. They may not be applied to shipping or handling charges unless otherwise stated.
Section 3. Terms Applicable Only to Merchants
3.1 When selecting a date and time for your Offer to be advertised, the Merchant agrees to honor that Offer for the dates selected and provide the good or services expressed in the Offer. Any negotiations outside of the usual submission process must be recognized by WooEB through email or another format of which a record can be established.
3.2 Merchant hereby appoints WooEB as its limited agent, solely for the purposes of promoting the Offers that Merchant has submitted to WooEB and WooEB has approved for release, and for promoting Vouchers in accordance with the terms specified in the Offer submission process to paid Buyers.
3.3 Merchant agrees that WooEB may use the Merchant’s name and brand information in connection with making available and promoting any Offer by that Merchant and identifying Merchant as a party that sells or has sold goods or services with the aid of the Site. The Merchant agrees to allow WooEB to use photographs of the Merchant’s business or merchandise for all media/publicity purposes. WooEB will reasonably comply with any trademark guidelines provided by the merchant to WooEB. Any goodwill resulting from WooEB’s use of the Merchant’s trademarks shall benefit the Merchant.
3.4 WooEB and the Merchant will pay one another any applicable fees set forth in the submission of the Offer. Each party shall otherwise bear any and all of its own costs in performing or receiving the Services and fulfilling any Offer.
3.5 With the sole exception of taxes on WooEB’s net income, Merchant is responsible for collecting from Buyer and paying any and all taxes and fees, including, without limitation, sales, use, gross income and value added taxes, associated with the Services or the fulfillment of any Offer.
3.6 The Merchant acknowledges that the availability of Services shall be on a first-come, first-serve basis. WooEB shall not, under any circumstance, be liable to the Merchant for lack of availability of the Site. Merchant further acknowledges that WooEB is under no obligation to display or keep open any Offer.
3.7 Merchant acknowledges that purchases by the Buyer are handled through the Merchant’s PayPal account or a Merchant Services Provider (“Merchant Account”). In disputes regarding revenue from an Offer being withheld by PayPal or the Merchant Account, WooEB will not be responsible for the amount owed.
Section 4. User Information and Account Security
4.2 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Account. You agree that you will be solely responsible for all activities that occur by any user logged in using your account credentials. If you become aware of any unauthorized use of your password or of your account, you agree to notify WooEB immediately at email@example.com.
4.3 WooEB will generally communicate with its Users by electronic means, such as email. As a User, you give consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4.4 As part of processing of any transactions with WooEB, you may be asked to provide us with your debit or credit card information. This information is used by the Merchant to process your transaction. WooEB does not store you personal information and therefore cannot and will not share the information with any other entities.
Section 5. Acceptable Use and Third Party Links
5.1 User shall not use this Site or the Service for any unlawful purpose. Strictly prohibited actions include, but are not limited to, transmitting material: that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable, that violates, misappropriates or infringes upon the rights of others in any way, that encourages others to commit unlawful acts, that contains advertising, publicity or solicitation for a product or services that did not receive prior written approval from WooEB, or that inhibits other Users from using or enjoying the Site.
5.2 The links in this site will allow you to leave WooEB.com and or its subsidiaries site. The linked sites are not under the control of WooEB, Inc. and or its subsidiaries. WooEB, Inc. and or its subsidiaries has not reviewed, approved and is not responsible for the contents of any linked site or any links contained in a linked site. The Inclusion of any link does not imply endorsement by WooEB, Inc. and or its subsidiaries of the site. Third party links to WooEB.com and or its subsidiaries site using WooEB.com and or its subsidiaries logos shall be governed by a separate agreement.
Section 6. Intellectual Property
6.1 All content and software on this Site is the property of WooEB, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos and software code. You may not modify, rent, lease, loan, sell distribute or create derivative works based on this content (either in whole or in part) unless you receive permission to do so in a separate written agreement with WooEB or the owners of the content. Unauthorized use of any content displayed by WooEB is a violation of the United States and international copyright laws.
6.2 User acknowledges and agrees that “WooEB” is the sole owner of the Brand marks “WooEB”, “ADit”, “ADit Deals”, and “Buzz Signal”, and that its ownership extends to all rights generally affiliated with ownership, including but not limited to any and all copyright and trademark rights, all rights of possession and all rights of use of the Brand.
Section 7. Limited Warranty and Limitation of Liability
7.1 ALL INFORMATION, INCLUDING, WITHOUT LIMITATION, THE SERVICE, ALL CONTENT, AND THE OFFERS AND VOUCHERS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERRORS AS WELL AS OTHER FACTORS, WOOEB, INC. AND OR ITS SUBSIDIARIES ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION. WOOEB, INC. AND OR ITS SUBSIDIARIES MAKES NO REPRESENTATIONS AND DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO THE USERS AND/OR ANY THIRD PARTY. INCLUDING ANY WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WOOEB, INC. AND OR ITS SUBSIDIARIES IN PROVIDING THE INFORMATION MAKES NO ENDORSEMENT OF ANY PARTICULAR SECURITY OR MARKET PARTICIPANT.
7.2 UNLESS DUE TO WILLFUL TORTUOUS MISCONDUCT OR GROSS NEGLIGENCE, WOOEB, INC. AND OR ITS SUBSIDIARIES, SHALL HAVE NO LIABILITY IN TORT, CONTRACT, OR OTHERWISE (AND AS PERMITTED BY LAW, PRODUCT LIABILITY) TO USER AND/OR ANY THIRD PARTY.
7.3 WOOEB, INC. AND OR ITS SUBSIDIARIES SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO USER, AND/OR ANY THIRD PARTY FOR ANY LOST PROFITS OR LOST OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF WOOEB, INC. AND OR ITS SUBSIDIARIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.4 WOOEB, INC. DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE SITE OR THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, WOOEB SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, BY USING THE SITEOR THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESEENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR THE SERVICES, OR THE OFFERS AND VOUCHERS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE. FURTHER, WOOEB AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AS WELL AS IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE.
7.5 SOME STATES AND FOREIGN COUNTRIES PROVIDE RIGHTS IN ADDITION TO THOSE ABOVE, OR DO NOT ALLOW EXCLUDING OR LIMITING IMPLIED WARRANTIES, OR LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR THERE MAY BE STATE PROVISIONS WHICH SUPERSEDE THE ABOVE. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER. THE TERMS CONTAINED HEREIN MAY ONLY BE AMENDED IN WRITING SIGNED BY WOOEB, INC. AND OR ITS SUBSIDIARIES AND ARE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA.
7.6 WOOEB IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HADRWARE, COMPUTER SOFTWARE, OR THE OTHER EQUIPMENT OR TECHNOLOGY. THIS INCLUDES, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
7.7 USE OF THE SITE AND THE SERVICE IS AT YOUR OWN RISK. IF YOU ARE UNSATISFIED WITH THE SITE OR THE SERVICE THE ONLY REMEDY IS FOR YOU TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
Section 8. Indemnification
8.1 Merchant agrees to indemnify and hold harmless WooEB, Inc. and or its subsidiaries and affiliates and their officers, directors, employees and agents from and against any and all third party actions, suits, losses, liabilities, claims, expenses, damages, and costs of every kind and description including reasonable legal fees (collectively “Losses”) arising out of a material breach of any of Merchant’s representations, warranties or covenants set forth in these Terms or in any Offer of such Merchant; any claim resulting from injury or death as a result of services or goods offered by the Merchant, or any claim resulting from the Merchant’s breach of applicable law, negligence or willful misconduct. This obligation survives the termination or expiration of all Offers.
8.2 User agrees to indemnify and hold harmless WooEB, Inc. and or its subsidiaries and its affiliates and their officers, directors, employees and agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any noncompliance by user with the terms and conditions hereof; or (b) any third-party actions related to user's receipt and use of the information, whether authorized or unauthorized. Any cooperation by WooEB, Inc. and or its subsidiaries in such defense is without waiver of any attorney-client, work product, or other legal privileges.
Section 9. Governing Law, Arbitration
9.1 These Terms of Service, the interpretation of these Terms and any claim, dispute, or controversy relating to or connected in any way with these Terms, the Site or any Service shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to the principles of conflict of laws.
9.2 By using this Site, you agree that any claim, dispute or controversy you may have against WooEB arising out of or connected in any way with these Terms, the Site, any Service, any offer or the purchase or sale of any Voucher(s) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (“Rules and Procedures”); the arbitration shal be held at a location determined by the AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and WooEB; the arbitrator shall apply Georgia law consistent with the Federal Arbitration Act and applicable statues of limitations, and shall honor claims of privilege recognized at law; in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, WooEB will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (i) ANY CLAIMS BROUGHT BY YOU MUST BE BROUGHT INDIVIDUALLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; AND (ii)THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMES, AND MAY NOT OTHEREWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. Excluding i and ii above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either part i or part ii is found to be invalid, then the entirety of this Arbitration Provision shall be null and void, and neither you nor WooEB shall be entitled to arbitrate their dispute. Judgment upon the award rendered may be entered in any court having jurisdiction or application may agree that the arbitrators shall have the power to award damages, injunctive relief and reasonable attorneys’ fees and expenses to any party in such arbitrations. For more information on AAA and its Rules and Procedures, visit the AAA website: http://www.adr.org.
Section 10. Miscellaneous
10.1 You are responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Site and Service.
10.3 If any provision of these terms shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such provision shall be deemed severable , and such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms.
10.4 No waiver on the part of WooEB of any of these Terms will be of any effect unless made in writing and signed by a duly authorized officer of WooEB.
10.5 These terms do not contain language intended to indicate that any third party has any benefit or right under any legislation in any country to enforce any of the provisions in the Terms. Buyer’s may not sue Merchants directly for breach of these Terms and vice versa.
Section 11. Copyright Notice and Intellectual Propery Infringement
11.1 WooEB respects the intellectual property of others, and we ask that our Users do as well. WooEB will, if appropriate and at its discretion, disable and/or terminate accounts of Users who habitually infringe on other people’s property. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact WooEB with the following information:
- • A signature (physical or electronic) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- • A description of the copyrighted work or intellectual property that you claim has been infringed;
- • A description of where the material that you claim has been infringed appears within the Site;
- • Your contact information including address, telephone number, and email address;
- • A statement by you that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
- • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- • WooEB’s agent for notice of claims of copyright or other intellectual property infringement can be reached through email at Woo@wooeb.com or by phone at (404) 443-3224.