Last modified: May 15, 2020
Wheesearch, Inc., a Delaware corporation (“Company”, “we” or “us”), respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the www.wheesearch.com or www.wheemeet.com (including any content, functionality and services offered on, through, or alongside such site, collectively, our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
It does not apply to information collected by:
No Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information through or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use or any photos or videos of yourself or anyone else under the age of 13. If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
We collect this information:
Information You Provide to Us
The information we collect on or through our Website may include:
You also may provide information, images and/or videos to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we may give you the ability to establish certain privacy settings for such User Contributions by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). For information about managing your privacy and security settings, see Choices About How We Use and Disclose Your Information.
The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
The technologies we use for this automatic data collection may include:
- . Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt-out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
How We Use Your Information
We may use information that we collect about you or that you provide to us, including any personal information:
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data or adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose and sell aggregated information about our users, and information that does not identify any individual, without restriction.
- Choices About How We Use and Disclose Your Information).
We may also disclose your personal information:
- other agreements, including for billing and collection purposes.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also always opt-out by sending us an email stating your request to email@example.com.
- If you do not wish to have your email address or other contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or, should we provide the option, by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes, or by sending us an email stating your request to firstname.lastname@example.org. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, use of our site or other transactions.
- If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by checking the relevant box located on the form on which we collect your data. We may provide a similar option in your account profile or you may send us an email stating your request to email@example.com.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Accessing and Correcting Your Information
If you create an account with us, you can review and change your personal information by logging into the Website or related app and visiting your account profile page.
You may also send us an email at firstname.lastname@example.org to request access to, correct or remove any personal information that you have provided to us. We may not be able to remove your personal information except by also deactivating your user account . We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Removal of information or content for which you have received compensation or other consideration may be subject to other terms and conditions agreed by you and the Company.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or write us at: Personal Information, Wheesearch, Inc., 570 El Camino Real, #150-371, Redwood City, CA 94063.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Last Modified: May 4, 2020
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
When you use any Website, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with Company electronically. You consent to receive communications from Company electronically. You agree that (a) all agreements and consents can be created electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify Company (mailto: firstname.lastname@example.org) immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree to receive email and mobile text messages from Company and/or Website at any time and agree to cover any and all costs incurred stemming from any communications received from Company. Company may require an additional opt in on an email to receive all email. Unsubscribes can be requested for Marketing Messages only; all Booking and Transaction-related emails (including, but not limited to, booking confirmations, receipts, etc.) will be sent automatically. Recipient is responsible for putting company emails on their safe list and managing their Inbox settings.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, audio, mobile text messages and the design, selection and arrangement thereof and including User and Instructor Contributions), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features (including, by way of example only, integration with YouTube, Instagram, Twitter or similar sites), you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website (except as may be permitted pursuant to separate terms and conditions that may be offered to certain users in writing from time to time in our sole discretion).
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending Company a notice (“Notice”) complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your valid mailing address, telephone number, and, if available, email address.
- Include the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use). I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to email@example.com
The Company name and logo and all related names, logos, product and service names, designs, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To sell or market any product, service or content without the express written consent of the Company.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
- To create an account to prevent others from using the username or to sell a username.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- Record or share any content that has been purchased by a User/Client or provided by an Instructor, including but not limited to any Livestreaming, Classes or other content.
- This list is not exhaustive. If you find a new and creative way to hurt Company and/or any Users, Instructors, Clients or Instructors, we may take action to prevent it.
The Website may contain message boards/blogs, video boards/blogs, chat rooms, personal web pages or profiles, forums, messages, sound, images, videos, instructions, livestreaming, applications and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “ post”) content or materials (collectively, “ User Contributions”) on or through the Website, even if created between two parties.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary to you. By providing any User Contribution on the Website, you grant Company the exclusive, assignable, sub-licensable right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You will not be entitled to any royalty or consideration in connection with the foregoing license in perpetuity unless otherwise agreed by Company in writing.
At any time, if you provide any text, course descriptions, photos, video, images or any other content whatsoever to the Website or Company teammates with a Wheesearch.com or wheemeet.com email address or via the Company social media accounts, then Company has an evergreen right to use all materials in perpetuity without any notification or compensation whatsoever.
You may not assign or transfer these terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a Company, your account cannot be transferred to another employee. We may assign these terms (or the rights and licenses granted under them) to another Company or person without restriction. Nothing in these terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account and any and all purchases are non-transferable and that all rights to your account and other rights under these terms terminate upon your death.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted to Company above.
- You will not post, publish or otherwise distribute your User Contributions other than through the Website.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
You agree that your User Contributions will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s .com Disclosures Guide , the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Website, or if you are an employee of a Company and you decide to discuss or promote that Company’s products or services through the Website, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Company, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Website.
By submitting ideas, suggestions, documents, images, videos and/or proposals (“Submissions”) to Company, its contractors or its employees, you acknowledge and agree that Company shall be entitled to use or disclose such Submissions for any purpose in any way without providing notification, compensation or credit to you in perpetuity.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any past, current or future User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
The Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, threatening, violent, hateful, inflammatory, harmful, dangerous, misleading or otherwise objectionable.
- Promote sexually explicit or pornographic material, nudity, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Include any people without their permission.
- Include anyone under the age of 13.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, bully, demean, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by Company or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please notify Company at firstname.lastname@example.org. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, including any live sessions purchased. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We make no warranty that you will obtain specific results from use of Website.
This Website includes content provided by third parties, including materials provided by other users, vloggers, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Products: We may be a participant in various affiliate advertising programs designed to provide a means for Company to earn fees by linking to affiliated sites. We also may participate in other similar affiliate programs from time to time. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any such sites, you do so entirely at your own risk and subject to the terms and conditions of use for such sites. If you decide to purchase products or services from such sites, you do so entirely at your own risk and subject to the terms and conditions of use, terms of sale, and return policies for such sites.
Livestreaming: Live Consultations, Live Classes and Other Live Events
All Livestreaming Events at present are:
* 1:1 Consults: Where one Instructor and one Client book a session together, currently at https://www.wheemeet.com/try . As other 1:1 Consults are available, including but not limited to Consults for payment and/or Scheduling integration, collectively “Consults”.
Instructors provide all of their own equipment and services, including but not limited to a webcam, lighting, products with which to teach and share skills, internet access and appropriate bandwidth for Livestreaming. Any Instructor who decides to schedule or create any Live Consultation, Class or Events on Website also agrees to the following:
- Transaction as a Binding Contract: Instructor enters into a legally binding contract to provide the Livestreaming Session purchased at the scheduled time, to its full completion, for the entire time booked and in a professional manner.
- Timeliness: Instructor agrees to post their availability and be on time per the schedule created or provided, create steps personalized to the Client(s) to demonstrate the skill expected and maximize the time together during the live session. This includes starting the Livestreaming Event on time and finishing the Livestreaming Event on time as expected per the Class Description provided upon Class Creation.
- Classes: Instructors will fill out the Custom Course Application with Class info such as description and time availability. An email confirmation of receipt of their Application will be sent within moments and then a WheeMeet Teammate will confirm once this is posted on the WheeMeet website. Instructor is responsible for creating their own reminders and details about their scheduled classes. Regarding payment, all Clients’ Payments for Classes are due upon booking. if any Client does not appear within 2 minutes of the start time of the class, Instructor will continue with all other Clients and the late/absent Client will not be refunded for any missed class time. Company’s clock is the sole determinant for all timeframes.
- Consults: At present, live 1:1 Consults can take place for free via https://www.wheemeet.com/try. As other 1:1 Consults are available, including but not limited to Consults for payment and/or Scheduling integration, these will be available via provided links with instruction via email and/or text messages. The free try session with this link can be used for up to five (5) minutes and only twice with the same two people. Egregious use of this try service will result in blocking users (in the company’s sole discretion).
- Appropriate Content: The Instructor agrees to provide content per the description the Instructor entered in Website and that it follows all Content Standards.
- Preparation: The Instructor agrees to provide a complete list of materials needed (essential and optional) in the Course Creation form so the User/Client can recreate the look and/or follow along to the best of their ability; Client will receive this information through the booking confirmation email. Additionally, the Instructor will need to have their own makeup, tools, face, etc. prepared accordingly when the session begins. The Instructor also agrees to ensure the session can take place with the appropriate sound, lighting, tools, visual, Internet and lack of other distractions or interruptions.
- Attitude: The Instructor will at all times interact professionally and courteously with every and all Client(s). This includes no disruptions, including but not limited to, audio disruptions, visual disruptions, not paying attention, leaving the session, taking personal calls or chats and more. Instructor is responsible for maintaining an optimal learning environment; see Appropriate Content above.
- Feedback: The Instructor will provide feedback on the experience with the Client(s) via a Survey presented at the end of Livestreaming and/or emailed to all parties; this is intended to help all parties have the best and most successful experience. You can also provide feedback at email@example.com.
- Instructor Payments & Fees: Please see Payments for Instructor Payments, Instructor Payouts and Company Fees.
- No Recording, Screenshots or Dissemination: Instructor may not record any Live Event in any format, nor disseminate or rebroadcast the event or its content in part or in whole. This is a private session between Instructor and Client(s) and confidentiality must be maintained for the benefit of all.
- Breach: Breach in any form will result in legal and compensatory action, and/or banning Instructors from the Website. This will be done in Company’s sole discretion.
- Payments: For Payments, Deposits and rare Refunds, please see Payments below.
- Non-Transferable: All Livestreaming bookings are a binding contract between the specified Client and Instructor. They are non-transferable.
- Non-Employee: At no time is any employment or any benefits thereof conveyed to any Instructor.
- Payments to Instructors: All taxes and payments to any governmental entities are the sole responsibility of Instructors. See Instructor Payouts below for amounts, timing and other materials needed.
- Changing or Cancelling Appointments: Should Instructors wish to change or cancel Classes, Instructors will be assessed Fees accordingly (see Payments and Instructor Non-Performance). Instructor will pay cancelled Class fees of Refund Fees and the standard Company Fee (from the Deposit, Deposit Top-Up and/or other Payouts); see Payments below.
Clients provide all of their own equipment and services, including but not limited to a webcam, lighting, products with which to learn, internet access and appropriate bandwidth for Livestreaming. Any Client who decides to book a Livestreaming with an Instructor agrees to the following:
- Transaction as a Binding Contract: You enter into a legally binding contract when you commit to buy any Livestreaming Session (Consults or Classes).
- Timeliness: Every Client agrees to be on time per the schedule booked, be prepared with all materials as advised by the Instructor and maximize the time together during the live session; Company time will be the sole determinant of all timeframes.
- Classes: All Client(s) of Classes pay for Classes upon booking; see Payments. Client is expected to be on time and manage their calendar to be on time for Classes. If Client is late and misses any part of the Class, then Instructor will continue with all other Clients and the late/absent Client will not be refunded for any missed class time and should have no expectation of restarting or catching back up. If no Client(s) appear in the Class within 10 minutes of the start time and Instructor arrived on time, Instructor can terminate the Class and still be paid for all Class fees. Company’s clock is the sole determinant for all timeframes.
- Consults: At present, live 1:1 Consults can take place for free via https://www.wheemeet.com/try. As other 1:1 Consults are available, including but not limited to Consults for payment and/or Scheduling integration, these will be available via provided links with instruction via email and/or text messages. The free try session with this link can be used for up to five (5) minutes and only twice with the same two people. Egregious use of this try service will result in blocking users (in the company’s sole discretion). Appropriate Content: The Client agrees to expect only the stated topic as per the session booked and to cover no other items. Client will receive a complete list of materials needed (essential and optional) from the Instructor through the booking confirmation email so the User/Client can recreate the look and/or follow along to the best of their ability; Client agrees to provide these materials at Client’s own expense. The Client also agrees to follow Content Standards above and to ensure that the session will take place in an environment with the appropriate sound, tools, lighting, Internet access and lack of other distractions. Clients are expected to maintain an environment for optimal learning for all Client(s) and Instructor(s) and Participant(s) (if any). If any Client or anyone or anything is disrupting any Livestreaming from the Client’s device – including, but not limited to, sounds, visuals, chat, etc. – then that Client may be muted, camera blocked, or dismissed by Instructor or other representative of Company. Company will record all Livestreaming and will be the sole arbiter in terms of any disputes that may arise.
- Preparation: The Client agrees that they have an obligation to be adequately prepared ahead of any session. Inter alia, they agree to read beforehand any written material provided by the Instructor in the calendar invitation to such session and furthermore to have on hand any materials needed (again, as advised by Instructor in booking confirmation email.) The foregoing is intended to ensure that Client will experience the best learning environment for the intended knowledge transfer of the look and/or skill(s) that are the subject of the session.
- Attitude: The Client will at all times interact professionally and courteously with Instructor, Participant(s) (if any) and all other Client(s). This includes no disruptions, including but not limited to, audio disruptions, visual disruptions, not paying attention, leaving the session, taking personal calls or chats and more. Client is responsible for maintaining an optimal learning environment; see Appropriate Content above.
- Feedback: At the end of Livestreaming, Client can provide feedback on the experience with the Instructorvia a Survey presented at the end of Livestreaming and/or emailed to all parties ; this is intended to help all parties have the best and most successful experience.
- No Recording, Screenshots or Dissemination: Client(s) may not record any Live Event in any format, nor disseminate or rebroadcast the event or its content in part or in whole. This is a private session between Instructor and Client(s) and confidentiality must be maintained for the benefit of all.
- One-time Fee: Each Client pays one time for the Class in its entirety, including the $3 credit card fee, regardless of the number of attendees. Client will never be expected to pay multiple times or fees for one Class.
- One Client Per Payment and Per Device: Only one Client can book at a time and for one Consult or Class using one device. Client may not have any other person or guest join on any session in any form (online or offline).
- Breach: Breach of any form will result in legal and compensatory action, and/or banning Client from the Website.
- Payments: For Payments, Deposits and Refunds, please see Payments below.
- Non-Transferable: All Livestreaming bookings are a binding contract between Client(s) and Instructor(s). They are non-transferable.
- Changing or Cancelling Appointments: We value and respect our Instructor(s) time as much as our Client(s).
Instructor Onboarding: The Process for Onboarding Class Instructors and Scheduling is as follows:
1) Class Instructor Application: At this time, Instructor Applicants can apply to become a Class instructor here https://www.wheemeet.com/instructor-signup. Applicants will be vetted by Company at its sole discretion but a significant component of selection will be based on skills, professionalism and representation that Company sees on any online presence (see also Content Standards). Applicants can also submit additional images, diagrams, videos (limited to 10 minutes total), proof of Class demand and/or examples of their work to firstname.lastname@example.org.
2) Class Instructor Application Review: In its sole discretion, Company will review all submitted applications and make the final decision on admitting Instructors. All potential Applicants, including Applicants obtained from the WheeMeet recruitment & outreach team, are required to submit proof of demand for Classes (screenshots, poll results, messages, links or other visuals) to email@example.com including first name, last name, email address and phone number of Applicant. Applicants that can prove they have adequate demand for classes will receive an email from Company with a link to fill out their final application and select a Tier plan.
3) Class Instructor Acceptance: Company will decide whether to accept Applicant as an Instructor in its sole discretion; this process typically takes a few business days but may take as long as two (2) business weeks (exclusive of Bank Holidays). Company will notify each applicant by email only if they are accepted to be a WheeMeet Instructor with next steps.
5) Submitting Class Details: Once Deposit has been successfully received, Instructor will automatically be sent an email from Company with instructions on submitting their Class Details. Instructor submits class offerings through a link for the Custom Course Form automatically emailed after deposit payment.
6) Class Size: Classes are defined as one (1) Instructor meeting with multiple Client(s). While Instructor directs Company to the number of desired Client attendees (maximum of 10 at present, based on Company Discretion); Instructors can request additional Clients for Class(es) via email to firstname.lastname@example.org. Company has the sole discretion to keep Client attendee slots below 10 students as needed for maximum learning based on Client feedback and/or recordings of previous sessions. Instructor should consider how much individual instruction can take place with the number of participants and during the class time allotted.
- Posting of Classes: Classes may take up to 72 business hours to be posted on Website. Company will notify Instructor via email when class is complete with instructions on how to access booking. Company’s clock is the sole determinant of all timeframes.
- Promotion and Booking Clients: At this time, Instructor is solely responsible for promoting any Livestreaming and obtaining Clients for Livestreaming.
- Class Instructor Tiers: Instructor can create Classes in any one of the following Tiers: Gold, Platinum and Diamond (see below on Tier grid). Once an Instructor chooses a Tier, all other classes will be in that Tier.
- Tiers and Additional Information: The Tiers for each Class type is provided at https://www.wheemeet.com/tier-plans. Each Tier has different benefits and costs and currently are listed as Gold (lowest Tier), Platinum (middle Tier) and Diamond (highest Tier). All Classes for any Instructor will be in the same Tier Plan. Dependent upon chosen Tier plan, Company will contact Instructor via email and/or phone as needed to get additional information (possibly including but not limited to a web meeting) to set up additional plan perks and features. Company will provide best efforts to accommodate all Class Start Times requested. In the event a requested time is not available, Company will inform Instructor via email to request an alternate. Note that Priority Scheduling is offered to Platinum and Diamond Class Instructors with the highest priority going to Diamond Instructors first, followed by Platinum Instructors and then to Gold Instructors.
- Tier Changes: Instructor upgrades or downgrades to another Tier will only take place 30 days in the future for new Classes only; Instructor will not be able to change Tier on any pre-existing Classes. To upgrade/downgrade current Tier plan, Instructor must fill out and submit a Tier Change form located here.
- Speed of Rolling Out Classes: Company will decide in its sole discretion the rollout velocity of Classes in all Tiers.
We believe that everyone’s time is valuable and have created a Payment structure for all Users of Website to:
- Adhere to commitments set
- Respect each other’s time
- Protect others in case of not showing or not preparing for the scheduled Livestreaming
- Rely on all parties adhering to the Content Standards above
Class Transactions: Instructors provide a price per Client for each Class; at present, that price is the same for all Clients who book. To protect both parties in terms of not showing up for a scheduled Class, both Clients and Instructors are charged fees for Classes.
- Client Fees: At time of booking and to reserve a spot in the Class, Client must select class from calendar, fill out booking details, including credit card information, and pay the entire price of the Class plus a $3 credit card fee per transaction; there are no reserves or partial payments. Client will receive an email receipt and then will receive a calendar invite via email with the live session Zoom link. Because a Client is taking a spot from another potential Client, there are no refunds or reschedules except in the case of Non-Performance by the Instructor; Client will only receive a refund of the Class fee, not the Credit Card fees. Company will hold onto Instructor Payment until Class has completed and will be paid to Instructors per Instructor Payouts below. Client Refunds are available if an Instructor cancels the Class ahead of time and for Instructor Non-Performance (see below). Client can file a Dispute for a Refund; see Disputes and Refunds below for the rare cases.
- Instructor Deposit: In order to use Website and its services, Instructor will pay the following:
a. Refundable Deposit: Upon acceptance as a WheeMeet Instructor (sent via email from Company), the Instructor will receive an email with a link to provide a $99 Deposit via credit card plus a $3 credit card processing fee. This Refundable Deposit is required to have Classes on WheeMeet and will only be used in the case of Non-Performance (see below).
- Company makes its best effort to record all sessions and will use recordings and Client Refund requests in case of Non-Performance Disputes. This includes, but is not limited to:
- Instructor not showing up for Class or on time – on time is within 3 minutes of the start time of the Class; Company’s clock is the sole determinant of timeframes.
- Instructor not being prepared
- Instructor not teaching per the Class Description
- Instructor not adhering to Content Standards
- Instructor Cancelling Class
- Using Deposit: Should Instructor always fulfill their obligations for Classes and perform accordingly, the Deposit will not be used. Company will use Deposit to refund Client Fees in case of any Non-Performance and to pay Company Fee(s).. While Company will have held onto Instructor Fees and will refund those to Clients, Deposit will be assessed $3 per Refund. Company Fee will be assessed for any cancelled Class.
- Deposit Top-Up: At any time the Deposit is used, either in full or in part, Company will charge Instructor a payment to make the $99 Deposit whole (Top-Up) + a $3 credit card processing fee per transaction. Keeping the $99 Deposit whole at all times is essential to continuing to provide Classes with Company; Deposit usage (“Top-Up”) will only occur as charges are needed per Non-Performance as listed above. Should any Deposit Top-Ups not go through, Company will notify Instructors via email. Instructor has 24 hours from time of email or 24 hours prior to the start of the next scheduled Class, whichever is less, to remedy the Deposit deficit and Top-Up the account. Should Instructor not provide funds for the Top-Up or for any payments needed, Company will cancel all remaining Classes for Instructor.
- Deposit Refunds: Any unused Deposit amounts will be refunded upon request minus a $3 credit fee when:
- Instructor has no Classes on the schedule OR
- Within 30 days of the last active class.
- Example: Instructor does not show for a skincare class and 6 Clients have registered and paid for their class fee of $40 each + $3 credit card processing fee to book = $43 per Client each. All 6 Clients will then receive their refund of $40; Client pays credit card fee to book. Instructor will pay the credit card refund fees from the Deposit on file. Note that Instructor will also be charged a credit card fee of $3 for the Topping Up of their Deposit.
- Company Fees: Company will collect all Class Fees from Client(s) on behalf of Instructor(s). Note that “Class Fees” are per single instance of a Class and do not include the $3 credit card fee per Client transaction. At no time does Company cover any credit card fees for Clients or Instructors with the exception of Tips below. Company Fees will be taken from each Class Tier as follows:
- Gold: Company will receive a minimum of $20 or 10% of all Class Fees, whichever is greater, for the Gold Tier
- Platinum: Company will receive a minimum of $35 or 15% of all Class Fees, whichever is greater, for the Platinum Tier
- Diamond: Company will receive a minimum of $50 or 25% of all Class Fees, whichever is greater, for the Diamond Tier
- Example: Instructor creates a Platinum class. Instructor is charged $99 Deposit + credit card fee of $3 = $102. Instructor then encourages their Followers/Clients to book: Class 1 Tuesday – Eyeshadow Basics: 6 Sign ups x $75 per Client = $450 Class Total. 15% is the Platinum Fee so $450 x .15 = $67.50 Booking Fee. Instructor receives $382.50 Instructor Payout (see below) for that Class to PayPal. Deposit continues to be held at $99 in total.
- Instructor Payouts: After Payouts to Instructors will be sent via PayPal account provided on the Instructor Application sent via email to Approved Instructors only; to update any personal information, please email email@example.com. Payouts to Instructors will be processed by the end of the following business week after Class is concluded as long as Company has a valid W-9 form or total Payouts for the current calendar year to Instructor are less than $600.
- W-9 Requirement Per IRS: For any Instructor that achieves or surpasses the IRS threshold (currently $600) or more in Payouts, Company will require a W-9 or other IRS form sent via email to firstname.lastname@example.org before Payout can be completed; once this completed form is received, Instructor should expect payment to be processed within ten business days.
- 1099 Tax Form: Any Instructor that earns more than $600 in a calendar year shall expect a 1099 form from Company for tax purposes as per the IRS Guidelines. Instructor is responsible for ensuring a current W-9 form with all current information is provided to Company at all times.
- PayPal Payouts Only: All Instructor Payouts for Classes are completed exclusively via the PayPal account provided on Instructor Application sent via email to Approved Instructors only. Payments are distributed by the end of the following Business Week~ for any and all Class(es) completed the Prior Business Week. Company does not have any control over the speed with which PayPal puts the payment into Instructor’s account nor any fees taken out by PayPal; see more at https://www.paypal.com/.
- Statements: Company will provide a Statement of Payouts and Applicable Fees via email the same day that any Payouts are processed.
- Example: For example, an Instructor teaches a Class on Tuesday, Wednesday and Thursday during one week. One Instructor Payout for all 3 classes will be processed together by the following Friday of the next week~.
- Tips on Classes: A Client may give any instructor Tips by going to the After-Class Survey sent to them automatically via email shortly after the completion of a Class. The email will contain a link to a WheeMeet landing page containing an embedded Google Form survey and an embedded JotForm form for Tips. Survey and Tips are optional. There should be no expectation of Tips by Instructors and should be seen as an additional thank you by the Client for services rendered. On the After-Class Survey, Clients can select the Instructor, choose a Tip amount, fill out credit card details, provide email address and submit Tip by clicking the “Tip!” button. Company will pay for the credit card fees of Tips up to the lesser of 10% of Company Payouts or $30 per month (at $3/transaction); any Tip fees beyond that will come out of the following Class Payout or from the Deposit amount. Payout of Tips will follow the same process as Instructor Payouts above.
- Any Dispute must be filed within 72 hours after a Live Event is completed by:
- Sending an email to email@example.com OR
- Fill out the Post Class Survey Form with the word “dispute” in the “Other Feedback?” box.
- Company’s clock is the sole determinant of all timeframes.
- NOTE: Company will create its best efforts to record all Live Events and will use those as a basis for assessing any Refund. Video may or may not be shared with Instructor or Client, at Company’s sole discretion, and may not be shared, in part of in whole, to any other source. Refunds will not include any initial credit card fees, including, but not limited to, the initial credit card fee at time of booking and any credit card fees required for refunds. Refunds, if granted, will be completed within two business weeks of Client submitting a proper and timely Refund Request via the same credit card initially used; if Company investigates a claim by another Client for the same Class violation, Company may proactively refund for all Client(s) of that Class. Client will receive one Refund per Class to the credit card used upon payment.
- Any Dispute must be filed within 72 hours after a Live Event is completed by:
- Quality and Legality: We have no control over the quality, timing or legality of content. We do not grant refunds for failure to deliver content or failure for the Client(s) to reproduce the look taught. We do attempt to screen for fraudulent instructor pages, but cannot guarantee the identity of instructors or the validity of any claims or lessons they make. We appreciate your help reporting suspicious instructor pages or courses to firstname.lastname@example.org so we can improve the Website.
~ Non bank-holiday business days only.
Linking to the Website and Social Media Features
You may link to our homepage, or other Website URL, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
You agree to cooperate with Company in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Other Services and Websites
The owner of the Website is based in the United States. We have designed this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE COMPANY AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $100 (ONE HUNDRED DOLLARS).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
This website is operated by Wheesearch, Inc., a Delaware corporation, based in Ennis, Montana.
All notices of copyright infringement claims should be sent to: email@example.com.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.