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WOMOhub - Terms of Use

The 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.

Your 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 the Services.

“Customer” means a purchaser of goods and/or services from your business.

Survey” means the customer satisfaction survey which you send to Customers by utilizing the Email Engine (defined below).

 

The Services include the following:

 

·       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 Console. 

 

·       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 non-refundable fee.

 

Survey Data

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 basis. 

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 party.

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 purpose.

 

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.  

Fees

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.

 

Termination

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 termination was due to your breach of these Terms of Use in which case no 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.

General Terms

16.           CCR makes no representations or warranties whatsoever regarding the Survey Data or the Benchmarking Data.

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 Terms of Use.

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.

20.           These Terms of Use shall 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 support@consumerchoiceresearch.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 Terms of Use, you confirm and agree that CCR has not made any other 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 modify, alter or amend these Terms of Use from time to time, upon providing at 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.

 

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Billing Information

WOMOhub - Basic

- $250 One Time Sign-up Fee
- 24/7 Cloud-Based Management Console
- Unlimited Email Customer Communication Tool
- Purchase Experience Questionnaire
- Dashboard- Customer Data Analytics
- Benchmark- Your Market

Plan Summary

Setup Fee $250 CAD
CA Tax $32.50 CAD

Today's Total $282.50 CAD

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