Terms and Conditions

General

Thank you for your interest in using WhereTo and its online and mobile platforms for local delivery. You must agree to Terms and Conditions to use this platform, by using the platform you agree to the Terms and Conditions. WhereTo Incorporated. (“Company”), also known as and doing business as “WhereTo Inc.”, “WhereTo!”, “WhereTo”, and “shopwhereto.com”, whose principal office is located at 1717 East Cary Street, Richmond, VA 23223 reserves the right, at any time, to modify, alter or update these Terms of Conditions. To understand how WhereTo uses and maintains your data and personal information please visit our Privacy Policies. BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PLATFORM.

Site Contents

Unless otherwise noted, the design of www.shopwhereto.com, or WhereTo! mobile applications, as a whole, and all materials that are part of WhereTo Inc.’s (collectively, “Contents”) are copyrights, trademarks or other intellectual properties owned, controlled or licensed by WhereTo. Note www.shopwhereto.com, and WhereTo! mobile applications have inventory managed by merchants through the merchant’s online-store profile.

Use of Images

Images from WhereTo and its merchant profiles may be used if credit of the origin of images is acknowledged. Credit WhereTo and merchants through acknowledging www.shopwhereto.com or WhereTo! mobile applications.

Comments, Feedback and Other Submissions

We welcome your comments and feedback regarding our Site, our merchants and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to WhereTo using shopwhereto.com, WhereTo! mobile applications, or otherwise (collectively, “Comments”) are not confidential and will become and remain WhereTo property. The disclosure, submission or offer of any Comments will constitute an assignment to WhereTo of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain and libelous, abusive, obscene or otherwise unlawful material.

The Contents are not intended solely for your personal, noncommercial use. You may copy other Contents displayed on www.shopwhereto.com and WhereTo! mobile applications for your personal, noncommercial use only. No right, title or interest in any Contents are granted or transferred to you as a result of any such copying. 

Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents of the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

Merchandise Availablity

While we work to ensure each merchant profile represents real inventory numbers on www.shopwhereto.com and WhereTo! mobile applications, merchandise availability on our website and mobile applications is not guaranteed. If merchandise is not available by the time your order processes, we will notify you of this via email and grant a refund if required.

Product Information

All products displayed on www.shopwhereto.com and WhereTo! mobile applications are available in store within the market you search. The prices displayed on www.shopwhereto.com and WhereTo! mobile applications are quoted in US dollars.

Please note that while we have tried to accurately display products and product description, you should note that merchants update their inventory through their WhereTo profile, and may not be accurate due to human error.

Payment and Price Policy

WhereTo does not directly establish pricing of products. WhereTo allows each merchant to establish pricing and input their local tax rate. However, WhereTo does set delivery and convenience fee guidelines, but merchants impose those fees not to go below WhereTo’s suggested guidelines. The delivery and convenience fees are based on category of product. We currently support payment through all major debit and credit cards. We are working on integrating Apple Pay, Paypal, and Google Pay.

WhereTo Platorm

The Platform connects consumers with retail stores, and restaurants (“Merchants”), and with independent contractor ride share couriers (“Couriers”), to facilitate on-demand delivery. Neither WhereTo staff nor its independent couriers will place orders or shop for consumer. Through the WhereTo’s platform, www.shopwhereto.com and or WhereTo! mobile applications, consumers may request that merchandise or food be made available for delivered to them from a Merchant subscribe to WhereTo to access the Platform as a delivery option for customers.

WhereTo is not a delivery platform and doesn’t act as a retail store, or restaurant; therefore WhereTo doesn’t carry or maintain products and inventory. WhereTo is not liable or responsible for Merchants’ compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses; however, WhereTo reserves the right to remove merchants from its platform if there is a reduction in quality – the standard for restaurant is maintaining a 95% Department of Health rating and strong customer service ratings for retail stores.

WhereTo, contracts independent delivery drivers for courier services, whom will function in an on demand rideshare capacity. Delivery Drivers/Couriers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of WhereTo. Couriers have entered into independent contractor agreements with WhereTo, which require them to comply with all applicable federal, state, and local laws, rules and regulations. You hereby acknowledge that WhereTo does not supervise, direct, control, or monitor a Courier’s provision of services and expressly disclaims any responsibility or liability for the services performed. WhereTo does however, have full-time delivery drivers that serves in account management. WhereTo is liable for deliveries accepted by account managers, and directly supervises account managers.

WhereTo is committed to ensuring that retail and food orders are delivered in a manner consistent with consumer’s expectation.

User Eligibility

You must be at least eighteen (18) years old or have permission from an adult guardian to use the Platform. By agreeing to these Terms, you acknowledge: (1) That you are at least eighteen (18) years old or have permission by an adult guardian to use WhereTo as an on-demand delivery platform; (2) That you have not previously been suspended, banned, or removed from the Platform; and (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.

Accounts and Registration

To access some features of the Platform, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e- mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. If you have reason to believe that your account is no longer secure, you may notify us via email at support@shopwhereto.com. WhereTo will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by WhereTo or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

Consumer No Show

WhereTo reserves the right to charge you the full order amount, including any WhereTo fees, if you are not at the designated delivery location when the delivery driver arrives to complete the order or if you fail to accept an order from a merchant.

Cancelled Orders

If you cancel your order, you may be charged depending on what stage the order was in when you cancelled. You will be notified of any applicable charges before you complete your cancellation. You can learn more about order cancellations in our Help Center.

Returned Items

If an item has to be returned for any reason, due to a “consumer no show”, “consumer refusal”, or “consumer not available” you may be subject to a non-refundable $10 return/restocking fee. For alcohol items, it is at the delivery drivers discretion to complete or refuse the delivery and return the items if the name on your government identification does not match the name on your order, if you are not at least twenty-one (21) years old, if you cannot provide a government-issued photo identification that shows you are at least twenty-one (21), or if you are visibly intoxicated.

Third-Party Providers

During use of the Platform, you may purchase goods and services from third-party merchant subscribers through the Platform. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable merchant subscriber. WhereTo and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party provider. In no event shall WhereTo or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and WhereTo disclaims any and all responsibility or liability arising from such agreements between you and a third party.

Couriers/Delivery Drivers

The Platform enables you to engage third-party Couriers to provide delivery services. Any interactions or disputes between you and a Courier are solely between you and that Courier. WhereTo and its licensors shall have no liability, obligation or responsibility for any interaction between you and any Courier.

Transactions involving Alcohol

Alcoholic beverages (including but not limited to beer, wine, cider, and spirits, as applicable; all referred to as "Alcoholic Beverages") may only be purchased by consumers who are of Legal Age. If you are a consumer, you expressly represent and warrant that: (i) you are of Legal Age; and (ii) you will provide government issued photo identification upon delivery. Valid forms of identification include but are not limited to: (i) a valid motor vehicle operator’s license, (ii) a passport issued by the U.S. or by a foreign government, or (iii) a valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture, showing your Legal Age. Deliveries of Alcoholic Beverages may not be made to anyone who is intoxicated, regardless of his or her age. The merchant must accept your order for transaction to occur. Upon delivery you are required to show the driver/courier valid identification and a signature acknowledging you are over 21. The Driver will take a picture of your photo identification, and WhereTo will share this information with the governing state agency and the merchant the order came from. You further understand and acknowledge that neither WhereTo nor the courier can accept your order of Alcoholic Beverages, and the order will only be delivered if the third-party Merchant accepts your order.

Consent to Use of Data

Please see WhereTo’s Privacy Policy, for more information regarding information WhereTo collects, and how it uses and shares that information.

Intellectual Property Ownership

The Platform, and the media and materials contained in the Platform, including all intellectual property rights in the Platform, are the sole and exclusive property of WhereTo and its licensors. Except, for merchants, the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by WhereTo in these Terms are reserved.

Communications

WhereTo, will communicate with users through various methods such as: text message, application push notification, and email.

Text Messaging

By using the Platform, you agree that WhereTo and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Platform, such as tracking deliveries, and notifications of your order. You will not be able to use the Platform without agreeing to receive operational text messages, by using the platform you agree to opting-in for text messages. If you change or deactivate the phone number you provided to WhereTo, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your former number. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your Carrier for details.

Push Notifications

When you install the WhereTo! App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.

Email

WhereTo may send you emails concerning our services and your order, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

E-SIGN Disclosure

By agreeing to download WhereTo! you are agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, please contact us via the Support with contact information and the address for delivery.

Confidentiality

For our delivery drivers/couriers and merchants you acknowledge and agree that when using the Platform, you may have direct or indirect access or exposure to WhereTo’s confidential information ("Confidential Information"). Confidential Information includes WhereTo’s data, provider IDs, user information, delivery recipient information, delivery provider information, and package information that WhereTo designates as being proprietary or confidential which you should reasonably know to treat as confidential.

You acknowledge and agree that: (1) all Confidential Information shall remain the exclusive property of the WhereTo; (2) you shall not use Confidential Information for any purpose except in furtherance of your use of the Platform; (3) you shall not disclose Confidential Information to any third party; and (d) you shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of your use of the Platform or at the request of WhereTo.

Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (1) is or becomes part of the public domain through no action or omission by you; (2) was possessed by you prior to your use of the Platform without an obligation of confidentiality; or (3) is disclosed to you by a third party having no obligation of confidentiality with respect thereto.

Notice Regarding Apple

To the extent that you are using our mobile applications on an iOS device, you further acknowledge and agree to the terms of this. You acknowledge that these Terms are between you and WhereTo only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Platform and the content thereof.

Apple has no obligation whatsoever to furnish any maintenance and support platforms with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Platform.

Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (1) Product liability claims; (2) Any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (3) Claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Platform and/or your possession and use of the mobile application infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Platform. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that: (1) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) You are not listed on any U.S. Government list of prohibited or restricted parties.

Disclaimer, Limitation of Liability and Indemnity

Except as otherwise expressly provided, this site, All contents and all products and services are provided on an ‘as is’ Basis. WhereTo disclaims all warranties of any kind, either express or Implied, including without limitation, implied warranties of Merchantability and fitness for a particular purpose. 

WhereTo does not warrant that our site will be Uninterrupted or error free, or that this site or its server are free of Viruses or other harmful elements. We use a third party host server and do our best to ensure a secure operating platform. Although WhereTo endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on www.shopwhereto.com or WhereTo! mobile applications, due to independent merchants uploading inventory at their discretion. Please visit WhereTo’s privacy policies to understand the company’s standards for protecting your data. Your use of www.shopwhereto.com or WhereTo! mobile applications is at your own risk. Neither WhereTo nor its affiliated or related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, Consequential, punitive, special or otherwise), injury, claim, or liability Of any kind or character whatsoever based upon or resulting from your use Or inability to use this site, or any information or materials provided on This site. WhereTo is not liable for any defamatory, offensive or illegal Conduct of any user. If you are dissatisfied with the site or any materials on the site, or with any of WhereTo’s terms of condition, your sole and Exclusive remedy is to discontinue using the site. You agree to indemnify, defend and hold harmless WhereTo, its shareholders, officers, directors, Employees, agents, distributors, drivers, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting or arising out of your breach of any of these terms of use.

Denial of Access

These Terms and Condition constitute an agreement that is effective unless and until terminated by WhereTo. If in WhereTo’s sole discretion you fail to comply with any term or provision of this agreement, WhereTo may deny you access to the Site. In the event of denial of access by WhereTo, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms and Condition, shall continue enforce. These Terms and Condition constitute the entire agreement between you and WhereTo relating to the subject matter addressed herein.

Applicable Law

The law applicable to the interpretation and construction of these Terms and Condition and any transaction (including purchases made on www.shopwhereto.com and WhereTo! mobile applications) using or related to the Site, shall be the laws of the State of Virginia, USA without regard to the principles of conflict of laws. 

You agree that all matters relating to your access to or use of www.shopwhereto.com and WhereTo! mobile applications, including all disputes, will be governed by the laws of the United States and by the laws of the State of Virginia. All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using this Site, shall be brought only in the state or federal courts of City of Richmond, Virginia, USA, and you and WhereTo do hereby consent to the jurisdiction and venue of such courts.