WOMOhub services (the “Services”, as more particularly defined below)
offered by Consumer Choice Research (“CCR”), provide a unique
opportunity for businesses to obtain meaningful feedback from their customers,
to compare these responses against the customer satisfaction levels of other
businesses, and to utilize this data for marketing purposes.
use of the Services constitutes your agreement to be bound by the following
terms and conditions. If you do not wish to be bound by the
following terms and conditions or do not understand any of them, do not utilize
“Customer” means a purchaser of
goods and/or services from your business.
means the customer satisfaction survey which you send to Customers by utilizing
the Email Engine (defined below).
The Services include
· WOMOhub Console is an online, cloud
based console used to securely manage the Services.
· Email Engine is the automated
email service that allows you to send an invitation to complete the Survey to
your Customers via the WOMOhub.
· Dashboard is the graphical
display of the Survey Data (defined below), accessible through the WOMOhub
· Benchmarking is the comparison
of certain Survey results with other aggregated results, using filters
determined by CCR in its discretion from time to time, but which may include
comparisons such as geographic location, business category, business revenue
level, and number of employees.
· Survey Comments is the ability to access
certain comments provided by Customers while completing the
Survey. Survey Comments are also known as Green Alerts and Red
Alerts and posted in the Alert Section of the WOMOhub.
· Social Media Posting is the ability for
Customers to seamlessly post their comments to selected social media sites
while completing the Survey.
· WOMO Referrals is the ability for
you to promote the availability of the Services by referring the Services to
other businesses and providing them with a code, unique to your business, that
identifies you as the referring business, should the business to which you
referred the Services subscribes to the Services and pays their one time
1. So long as you are using
any of the Services you agree that, upon completion of each sale of goods or
services to a Customer, you will send an email to such Customer using the Email
Engine, inviting them to participate in the Survey. When inviting
Customers to participate in the Survey, you agree that you will comply with all
applicable laws, including Canada’s Anti-Spam Legislation (CASL).
2. The Survey will be in a
form prepared by CCR. CCR may, in its sole discretion, modify the
Survey from time to time.
3. So long as you are using
the Services, you will email the Survey invitation to each Customer
to whom you sell goods or services, and the invitation should be sent in short
order following the completion of the sale or service. You may not
use your discretion to choose which Customers to invite to complete the
Survey. At its option, CCR may utilize the services of a third party
to send the Survey invitations from your email address on your behalf, in which
case CCR’s use of your Customers’ email addresses shall be strictly limited to
sending the Survey invitation email. CCR will not use your
Customers’ email addresses for any other purpose and will not disclose or sell
them to any third party.
4. To ensure the integrity
of the data being collected, you are strictly prohibited from offering
Customers any incentive of any kind whatsoever to answer the Survey questions
in a particular manner. You are strictly prohibited from making any
statements or representations to Customers which are intended to influence
their responses to Survey questions.
5. So long as the number of
Surveys completed by your Customers exceeds the minimum levels set by CCR from
time to time, the aggregated results of the Surveys (the “Survey Data”)
will be made available to you, without charge, in a format and manner
determined by CCR from time to time. During the term of this
Agreement, CCR grants to you a licence to use the Survey Data for internal
businesses purposes as well as for external marketing and advertising
purposes. However, any external use of the Survey Data must: (1)
clearly and prominently identify CCR as the owner and provider of the Survey
Data; (2) not be inaccurate or misleading in any way; (3) clearly and
prominently identify the time frame to which the Survey Data pertains; and (4)
comply with any further rules and instructions provided by CCR from time to
time regarding such use. You may not use or disclose the Survey Data
for any other purpose.
6. You agree that CCR will
own all rights to the Survey Data. However, CCR shall not disclose
individual Survey Data to any third party (unless required by law).
Use of the Services
7. You acknowledge that CCR
will utilize the Survey Data, on an aggregated basis along with survey data
obtained from customers of other businesses, in order to calculate benchmarking
statistics (the “Benchmarking Data”) and provide the Benchmarking
portion of the Services. CCR shall, in its sole discretion and from
time to time, determine how to calculate, organize and categorize the
Benchmarking Data, which shall be provided to subscribers on a periodic
8. You agree that CCR will
own all rights to the Benchmarking Data at all times. You are
prohibited from re-licensing or re-selling the Benchmarking Data to any other
9. If you choose to
subscribe for it, the Benchmarking Data will permit you to compare the customer
satisfaction levels of your business to other business in your industry sector
but it will not identify any of the other businesses by
name. Similarly, when CCR licenses the Benchmarking Data to other
businesses, it will not identify you or your Customers.
10. If you subscribe for
Benchmarking, CCR shall grant you a non-exclusive licence to access and use the
Benchmarking Data for your internal business purposes as well as for external
marketing and advertising purposes. However, any external use of the
Benchmarking Data must: (1) clearly and prominently identify CCR as the owner
and provider of the Benchmarking Data; (2) not be inaccurate or misleading in
any way; (3) clearly and prominently identify the time frame to which the
Benchmarking Data pertains; and (4) comply with any further rules and
instructions provided by CCR from time to time regarding such
use. You may not use or disclose the Benchmarking Data for any other
11. If you subscribe to
Survey Comments, you will only be granted access to comments by Customers who
have expressly consented to such disclosure, and your use of such comments will
be strictly limited to the permitted uses selected by the
Customer. These restrictions will be indicated next to the comment
within the Alerts section of the WOMOhub. Any violation of the
permitted uses of the comments will constitute a material breach of this
Agreement giving CCR the right to immediately terminate the Agreement with no
refund to you.
12. If you subscribe to
Social Media Posting, CCR shall not be responsible for the content of any such
posts and makes no representation or warranty that such comments will be
positive in nature. You acknowledge and agree that CCR has no
obligation or ability to remove any social media posts made by Customers while
completing the Survey.
13. You must pay a one-time,
non-refundable fee, in the amount set out on the Payment page, in order to set
up an account for the Services (the “Set-up Fee”). Upon
approval of your account by CCR, acting in its discretion, and payment of the
Set-up Fee, you will be provided with access to certain portions of the
Services (as set out on the Payment page). Access to the remainder
of the Services (beyond any free trial period that may be offered), requires
payment of a recurring subscription fee (the “Subscription Fees”), as
described on the Payment page. The Set-up Fee and Subscription Fees are
collectively referred to as the “Fees”.
14. The Fees shall be paid by
credit card via the Payment page or by other payment method deemed acceptable
to CCR from time to time in its discretion. CCR reserves the right
to vary the Fees in its discretion, from time to time, upon at least thirty
(30) days’ prior written notice to you.
15. You will have the right
to terminate your use of the Services at any time and for any reason, effective
immediately upon written notice. You will not be entitled to any
refund of the Fees. CCR will also have the right to terminate your
use of the Services at any time and for any reason, effective immediately upon
written notice. Where CCR has terminated your use of the Services,
any prepaid portion of the Fees shall be returned to you except where such
refund of the Fees will be made. Upon termination for any reason by
either party, all licences granted herein shall immediately terminate and your
access to and use of the Survey Data, Benchmarking Data (if applicable) or any
other data provided to you by CCR shall cease. Upon termination, you
must immediately stop inviting Customers to complete the Survey and all links
to the Survey, and all access to the WOMOhub Console will be de-activated.
16. CCR makes no
representations or warranties whatsoever regarding the Survey Data or the
17. CCR will not be liable
for any delay or inability to provide the Survey Data or Benchmarking Data if
such delay occurs as a consequence of or attributable to any circumstance which
is beyond CCR’s reasonable control. Under no circumstances
whatsoever shall CCR be liable for any indirect, special, punitive,
consequential or exemplary damages, loss of income or loss of profit, even if CCR
has been advised of the possibility of such damages or losses, arising out of
or in connection with your use of, or inability to use, the
Service. IN NO EVENT SHALL THE TOTAL LIABILITY OF CCR TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR IN EQUITY),
ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE TOTAL
AMOUNT OF FEES PAID BY YOU TO CCR DURING THE TWELVE (12) MONTH PERIOD PRIOR TO
THE DATE OF SUCH DAMAGE/LOSS.
18. You shall hold harmless
and fully indemnify CCR and its employees, officers, directors, shareholders
and agents from any and all costs, expenses, liabilities and damages whatsoever
that may arise as a result of your use of the Services or your breach of these
19. You agree not to contest
or dispute, directly or indirectly, the validity, ownership or enforceability
of CCR’s right, title and interest in and to the Services, including but not
limited to the Survey, the Survey Data and the Benchmarking Data.
be binding upon you, your successors, heirs and permitted assigns, and shall be
governed by the laws of the Province of Ontario. You hereby attorn
to the non-exclusive jurisdiction of the courts of Ontario.
21. Any notice or other
communication required or permitted to be given hereunder shall be in writing
and delivered by electronic mail: in the case of notices to CCR, to
email@example.com and in the case of a notice to you, to the
email address you have provided to CCR.
22. Except as stated in these
representations, warranties, promises or covenants of any kind to you with
respect to the Services.
23. You agree that you will
comply with all laws applicable to the operation of your business and to
conduct your business in an ethical manner. CCR, in its absolute
discretion, reserves the right to terminate your use of the Services with
immediate effect (and without refund) if CCR determines, acting reasonably,
that your use of the Services, the Survey Data or the Benchmarking Data is in
any way likely to prejudice CCR’s rights or harm CCR’s reputation.
24. You agree that you will not use, or
encourage anyone else to use, the Survey Data or the Benchmarking Data in any
manner, or engage in any other act or omission, that tarnishes, degrades,
disparages or reflects adversely on CCR or reputation, or that might dilute or
otherwise harm the value, reputation, goodwill or distinctiveness of CCR’s
trade-marks and other intellectual property rights.
25. This Agreement cannot be
transferred or assigned by you without the prior written consent of CCR, acting
in its sole discretion.
26. CCR reserves the right to
least thirty (30) days’ prior written notice of the changes to you. CCR
further reserves the right to discontinue or modify the Services at any time.