Terms & Conditions

Introduction

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and What (“we,” “us” or “our”), Our Site, www.whatoffers.co.uk, is owned and operated by Insync Media Limited, whose trading Name is What, a limited company registered in England, company number 11607340 and whose registered address is Burnden House, Viking Street, Bolton, BL3 2RR and main trading address is Wellwood Works, Main Road, Dunfermline, KY12 0PA. Our VAT number is 312 5987 94.

The Terms and Conditions set out the terms concerning your access to and use of the www.whatoffers.co.uk website as well as any other related, linked, or otherwise connected thereto (collectively, the “Site”).

The website is a multi-vendor platform that allows a business or sole trader to set up a business account, which they can create a profile to showcase their business and use the website to engage with consumers. We cover numerous types of businesses from local bricks and mortar, businesses like hairdressers, tattoo shop to accounts or dentists, We also cater for trades and services businesses such as plumbers, cleaners etc. (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions

What provides its service to you, subject to the following conditions which may be updated from time to time without notice. You are advised to check back regularly, as our terms and conditions of service may change.

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

If you register on our website, we will ask you to expressly agree to these terms and conditions. You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity, its directors, officers, employees, and agents

In general

• All references to What in this agreement are also applicable to www.whatoffers.co.uk.
• Businesses, Companies and traders displayed on this website will be referred to as members. Members will be deemed to be the business owner or person responsible for maintaining their Business owner’s status.
• By accessing, using or subscribing your business to this website or downloading materials from this website, you agree to be legally bound by the terms and conditions set forth below without any modification. Please review them carefully. If you do not agree to the terms then please do not use this website.
• By accepting these terms and conditions, you agree that you hold the relevant copyright to all images, logos and text placed on this website, and you are authorised to display any approved trademark.
• What cannot be held responsible for any services or goods supplied or held responsible for prices of such services, quality of products and goods, availability, competency, the suitability of venues and suppliers listed on or linking to this website
• Any data held or captured from either a Business owners member or Consumers who leave a review, or contacts a trader, will be held in strict confidence and full compliance of the Data Protection Act.
• The reviews of members published on this website are provided by members of the public and do not represent the opinion of What
• Any reviews are individual opinions of members of the public based upon their individual experience. All reviews submitted to this website, therefore, express the views and opinions of the authors and hence What will not be held liable.

Acceptable use

1. You must not:
   1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
   2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
   3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
   4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
   5. access or otherwise interact with our website using any robot, spider or other automated means;
   6. violate the directives set out in the robots.txt file for our website; or
   7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
2. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading

Listings and Registration

• What holds no responsibility for the accuracy of any published listing information.
• What offers free listings for which there are no charges as well as optional paid listing options.
• To use this service, a business must have a trading address for each business listing displayed. This is defined as a physical or virtual business centre address. Any fake or false location will result in a listing not being approved or being removed.
• Free listings will display business location and contact information. Other third-party advertising may be displayed on the same page.
• Signing up for a Business Listing will require us to capture information as well as have the means to communicate with you. Examples include system emails such as sending work enquiries, password resets and other essential emails in order to for your business listing to be displayed and be fully operational. All information is collected and held in line with the current General Data Protection Regulations.
• Free listings are by their very nature part of free service and we reserve the right to limit the number of listings per company, remove or ban if abuse is suspected.
• For paid listing options, companies are entering into a paid agreement with What Services, and we will display the business details on our database for the duration of the agreement.
• By accepting these terms and conditions, you agree that you hold the relevant copyright to all images, logos and text that you place on our website and you are authorised to display any approved Trademark. Failure to comply with these conditions may result in What taking legal action in the event of any dispute.
• Listings will be displayed on What until either the customer requests either verbally or in writing to have their listing removed. Or if contact details go out of date then the listing may be removed from the database.
• A listing is only valid for as long as the www.whatoffers.co.uk website remains online or remains in business.
• What reserves the right to exclude or remove any business listing, either free or paid from the database at any time. Examples include business no longer trading, adult related services such as erotic massages and escort services, complaints regarding obscene material and illegal business practices.

Upgrade Options

• You can upgrade your business to a paid listing at any time by logging in to your account or emailing What.
• Premium Members will pay an annual subscription fee to become and remain members of the Business owner’s scheme in accordance with the Business owners Code of Practice. This fee is to enable processing of applications, vetting and promotion of the scheme.
• Please see the joining page on What website regarding the additional benefits of becoming a premium member

Marketplace Payments

The payment method we have in place currently on our platform is stripe, this means a business must use their current stripe account if they have one or create a free account with Stripe if they need one (“Marketplace Payments”). What is not a party to any such Marketplace Payments and does not handle funds on behalf of its Members. Business Members who receive Marketplace Payments from Customer Members on What must agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. As a What Member, by agreeing to these terms or continuing to operate as a Member on What, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as those agreements may be modified by Stripe from time to time. As a condition of receiving payment processing services through Stripe, you agree to provide What with accurate and complete information about you and your business, and you authorize What to share this information and transaction information related to your use of the payment processing services provided by Stripe.

Members can connect Stripe to What website to allow them to receive payments from customers through our website, What will deduct a fee from payments collected on their sales. Currently, Stripe charge 1.4% plus 20p for a transaction, What will be adding 3.6% to that (subject to change in the future) for premium accounts and 6.1% (subject to change in the future) for free accounts, so there will be an overall charge of 5% plus 20p for premium accounts and 7.5% plus 20p charge for free accounts on all marketplace transactions processed via the What website.

As a Customer Member making a Marketplace Payment through Stripe, you agree to pay all amounts you owe when due using your preferred payment method. You further authorize Stripe to charge your preferred payment method for amounts you owe when they are due, whether they are recurring or one-time payments. You must keep all payment information you provide us up-to-date, accurate and complete. Do not share your payment card, bank account or other financial information with any other Member. We take steps to secure all payment method and other personal financial information, but we expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.

If members fail to make Marketplace Payments you owe when due, or if What is unable to charge one of your payment methods for any reason, What reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable lawyers' fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by What or by anyone on its behalf, including but not limited to a third-party collections agent.

What may, from time to time, place a hold on any of your payment methods. Any such hold will be temporary and will not mature into a charge on your payment method. Payment method holds are intended to prevent failed payments.

Business Account

There are 2 types of accounts for businesses, the Standard Account (free) and the Premium Account (paid) there are some limitations to services on the standard account compared to Premium. The allowances and limitations are detailed here: https://whatoffers.co.uk/business-sign-up. A business account holder can:

• Display Logo and company information such as contact details on our website.
• Upload images to the media gallery and embed videos
• Create standard special offers and also exclusive offers, exclusive offers must only be available through what.
• Create listings on a shop front for items or packages for sale.
• Advertise recruitment vacancies through our website and receive applications from interested candidates.
• Add business news on What’s news feed, this is similar to a blog post or a social media post which will appear on their own business page, etc. on the “What’s Happening” feed which is a feed for consumers.
• Sync with businesses, if a user syncs with a business they will see more on the feed from that business, but we also notify the user if a synced business adds a new offer, post, job or event. We include premium businesses in email communication with customers that have synced with the business.
• Create events, there are 2 types of events business account holders can create:
  1. a public event which is displayed on the calendar publicly.
  2. a private event, which can be used to set a reminder for an appointment or a bill. With a private event, a business account holder can share this with another user, for example, if they create an appointment with a user they can share with the user, which then adds it to the users' calendar also and sends the user reminder notifications also.
     • Create “The Big Picture.” Here a business can display various things to give a user a better idea of the overall company image, for example, they can link any other websites they are featured on such as associations, memberships, other review or professional sites.
     • Add any awards or certifications.
     • Connect their social media feeds to display in the profile page, they will be able to connect Twitter, Facebook and Instagram.
     • Post reviews of their businesses.
     • Respond to a review.
     • View posted jobs by a user.

Business/trader displayed information

• Members are able to display their business details and promotional material on this website.
• Members can edit their information at any time. It is the responsibility of the Business owner’s member to ensure accuracy and authenticity of any displayed information, including but not restricted to: address, contact information, promotional claims, promotional content and images.
• Members will be held entirely responsible for any uploaded imagery, ensuring any images are free from copyright or, where applicable, you have obtained any required permission to use such images. Any copyright infringements will be the direct responsibility of the member who will responsible for any resolution or legal representation.
• Any images you use on this website of work being carried out or completed work must be work completed by you, employees of your business or subcontractors that you employed. Under no circumstances should generic images be used that purport to be work that you have carried out when in fact you have not.
• Any displayed member information and subsequent edits will be held within an internal audit log, viewable by Insync Media Limited. Information here may be used to settle disputes between parties and passed to legal authorities if requested by an authorised person or body but will remain within the full constraints and law of the Data Protection Act.
• A member’s subscription and listing can be cancelled at any time by notifying by e-mail to info@whatcontact.co.uk confirming the cancellation. No part or full refund of any subscription fees will be given.
• What reserves the right to exclude, suspend or remove a member at any time. Examples include business no longer trading, complaints regarding obscene or illegal business practices, adult related services such as erotic massages and escort services. Or other consumer complaint issues or advisement. No part or full refund of any subscription fees will be given, except with management discretion.

Business reviews

• The reviews of businesses and service providers published on Insync Media Limited’s website are posted by third parties and do not represent the opinion of What or its owners.
• What assumes no responsibility for or is otherwise legally responsible for remarks posted upon this website by third parties even if those remarks are defamatory.
• What asks third parties to follow guidelines such as not leaving defamatory or abusive comments. What will take all reasonable measures to ensure only appropriate opinions are published by means of human or automated intervention, but will not partially edit or censor opinions. Opinions deemed inappropriate will be deleted. The final decision as to what is deemed appropriate and shall be allowed to be published on the website will lie with What.
• The reviewer must leave their name and telephone number when adding a review. You may decide to allow your name to be displayed publicly or you can remain anonymous. But we will need your name and telephone number to allow any review moderation. Your details will remain confidential and will only be used by a What member of staff to verify your review. Any review left with false details or without a name or phone number will be deleted.
• Reviews are moderated and any perceived libel abuse or profanity will be deleted and will not go live
• If there is an issue with any particular comments or review then contact us at info@whatcontact.co.uk, state the business name concerned and outline the issue. What is not a legal body and will act in what it believes to be the correct manner unless ordered to do otherwise by an official legal representative.
• Businesses will have the right to reply to any reviews left for their business listing. This means the business has the final say on any review left.
• We will not remove negative reviews simply because a business asks us to.
• We may ask for proof of use of a service such as an invoice if a business doubts the authenticity of a reviewer. If it is deemed to be a fair review by our customer services staff, then the comments will stand. In this case, simply leave a right to reply to explain the situation. You can also enhance this by encouraging positive reviews from your customers to give a balanced picture.
• If a business demands that their listing is removed in order to remove any negative reviews, then that listing will be deleted completely, meaning any third party links to it or search engine indexing will be lost. If the listing is a paid listing including lifetime listings then there will be no refund due. The business will be subject to an exclusion period before being able to relist their services.
• A bad review may be removed only if they are suspected to be fake, if a business or users suspects a review to be fake, they can report the review to What, we will then contact the relevant parties to try and verify the review, if we cannot verify the review and suspect it is fake, then it will be removed, if it is verified or we suspect it is genuine then it will remain in place.

User-Driven Marketplaces

What has set up a marketplace for our businesses to list, advertise, promote and businesses to sell their products and services to other users. Those products and services are not created by, offered by, endorsed by or controlled by us. We are not responsible in any way for the quality, content, nature, applicability, or reliability of them. If you choose to purchase, register and download or to engage with any of those products or services, or with their providers, you should be aware that we do not and cannot guarantee that the information or material provided is accurate, current, or available. You understand that we assume no responsibility or liability for any content, and you agree that we are not responsible whatsoever for any actions you take there, including any purchase or arrangement with the product/service providers.

You should always do your own due diligence on any product or service prior to purchasing, to determine if it is right for you and whether the product/service provider is a reputed user.

You release What, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected disclosed and undisclosed, arising out of or in any way related to such disputed and/or our Services.

Dispute Between or Among Users

What values our Businesses and Customers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at What's request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by What or a neutral third-party mediator or arbitrator selected by What. Notwithstanding the foregoing, you acknowledge and agree that What is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.

Intellectual property

• Any communication or material other than your personal information submitted to this website by electronic mail is the exclusive property of What and is considered to be non-confidential and non-proprietary. Such communication may include without limitation questions, comments, suggestions and ideas. What shall be free to use them for any purpose whatsoever without restriction or compensation.
• The copyright in this entire website, unless stipulated, is held by Insync Media Limited. All material provided on this website is protected under international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this website may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of What.
• The trademarks, logos and service marks (collectively referred to as "Trademarks") displayed on this website are claimed by What and no trademark license, either express or implied, is granted by What. You do not have any right to use any Trademark or Service Mark displayed on this website except as expressly provided under the doctrine of Fair Use without the prior written permission of What. In the event of unauthorized use or misuse of its Trademarks, What will pursue its legal remedies without delay.
• Any use of this website for telemarketing or direct marketing purposes is forbidden and any complaints will be fully investigated

Electronic information submitted to this website

• What assumes no responsibility for or is otherwise legally responsible for remarks posted upon this website by third parties or private individuals, even if those remarks are defamatory. Opinions deemed inappropriate will be deleted. The final decision as to what is deemed appropriate and shall be allowed to be published on the website will lie with What.
• We encourage all communication to be conducted through the website initially, for this we have an inbuilt messaging system to allow businesses and users to communicate, send links, files, images etc.

Third-party websites

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Our Liability

If you are a business user: 

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 

• use of, or inability to use our Site/Services; or  
• use of or reliance on any content displayed on our Site.  

In particular, we will not be liable for: 

• loss of profits, sales, business, or revenue;  
• business interruption;  
• loss of anticipated savings;  
• loss of business opportunity, goodwill or reputation; or  
• any indirect or consequential loss or damage. 

If you are a consumer user: 

Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

Account Suspension or Termination

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your What Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from What support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, cancelled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services cancelled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your account at any time by following the "Settings" link in your profile, clicking "Account," and clicking "Deactivate Account." Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.

Code of Practice For Businesses

Businesses Must

• Be open, honest and co-operative with customers at all times.
• Be responsive, reliable and communicate clearly with customers.
• Never carry out work that the business or your staff are not qualified or certified to do.
• Acknowledged complaints promptly and resolve within a suitable agreed time frame with the customer.
• Provide clear and comprehensive fair quotes to customers.
• Not increase prices after a sale has been agreed, should the scope of the work be significantly increased or the customer requests additional work, this must be agreed prior to commencing work.
• Where appropriate, provide all customers with appropriate terms and conditions.
• Ensure guarantees are clear and open, highlighting any exclusions.
• Update their What’s profile of any changes to their business, changes such as new or amended accreditations, certifications, insurances or business services/activity.
• Report to What, anything that may be detrimental to their business or any adverse problems such as bankruptcy, dissolution, administration or liquidation.
• Report to What, any issues that may have a detrimental effect on the customers or the reputation of What?

Verification

For a business to become verified we ask for

All businesses to provide

• Trading Name
• Proof of trading address
• Photo ID of director/owner
• Proof of business bank
• Public liability insurance certificate

For limited companies only

• Registered company name
• Registered company number
• Proof of registered company address

For Takeaways or Restaurants only

• Current Food Standards Agency pass certificate
• Relevant hygiene certificate

Disclaimers

Your use of the platform or collective content shall be solely at your own risk. you acknowledge and agree that What does not have an obligation but reserves the right for any reason, to

(a) monitor or review user content; or

(b) for any permissible purpose, conduct identity verification, background (including criminal background), including but not limited to business members and customer members.

The platform is provided "as is," without warranty of any kind, either express or implied. without limiting the foregoing, What and its affiliates and subsidiaries, and their respective officers, directors, employees and agents explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement; any warranties arising out of course of dealing or usage of or in trade; any warranties, representations, or guarantees in connection with this platform offered on or through this platform; and any warranties relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on the platform, including without limitation all collective content.

What makes no warranty that the platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. What assumes no responsibility, and shall not be liable for any damages to your computer equipment or other property on account of your access to or use of the platform. What shall not be liable for any defamatory, offensive, or illegal conduct of any third party, or any loss or damage of any kind incurred as a result of the use of any data, information, materials, substance, or collective content posted, transmitted, or made available via the platform, no advice or information, whether oral or written, obtained from What or through the platform, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users or members of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, including but not limited to any customer members, service members or service recipients. You understand that What does not make any attempt to verify the statements of users of the platform or to review or vet any business services. What makes no representations or warranties as to the conduct of users of the platform or their compatibility with any current or future users of the platform. You agree to take reasonable precautions in all communications and interactions with other users of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, particularly if you decide to meet offline or in person and give or receive business services. What explicitly disclaims all liability for any act or omission of any users or third parties.

Limitation of liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the platform and collective content, your offering or business services or requesting or receiving business services through the platform, and any contact you have with other users of What or third parties, whether in person or online, remains with you. neither What nor any other party involved in creating, business servicing, or delivering the platform will be liable (whether based on warranty, contract, tort (including negligence), products liability or any other legal theory, and whether or not What has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose) for:

(a) any incidental, special, exemplary or consequential damages, including lost business fits, loss of data or loss of goodwill;

(b) service interruption, computer damage or system failure;

(c) the cost of substitute products or services;

(d) any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms;

(e) the use of or inability to use the platform, business services or collective content;

(f) any communications, interactions or meetings with other users of the platform or other persons with whom you communicate or interact as a result of your use of the platform; or

(g) your offering or businesses providing business services or requesting or receiving business services through the platform.

In no event shall the total, aggregate liability of What and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, arising from or relating to the terms, platform, business services, and/or collective content, or from the use of or inability to use the platform or collective content or in connection with any business services or interactions with any other users exceed the total amount of fees actually paid to What by you hereunder, the limitation of liability described above shall apply fully to residents of United Kingdom.