Terms of service.
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of the Website or App under the domain name hollrs.com (Website) and the Mobile Application provided for IOS and Android OS (App) and to any correspondence by e-mail between us and you (the “User”). Please read these terms carefully before using the Website or App. Using the Website or App indicates that you accept these terms regardless of whether or not you choose to register with hollrs.com. If you do not accept these terms, do not use the Website or App. This notice is issued by Hollrs (hollrs) a trading name of Echomesh Limited a company registered in England and Wales (15626768).
1. Definitions
1.1 The following terms shall have the meanings ascribed hereto on the Website or App and in this notice.
“Associate User”
means a business user of the Website or App
“Comment”
a response posted by a User or an Associate User within a Huddl;
“hollr”
a hollr is an initial statement of opinion made by a User on the Website or App. The hollr will filter similar Users into Huddls so that other Users or Associate Users can respond to the hollr;
“Huddl”
is a forum for Users to discuss a similar issue. Associate Users will be invited to respond directly to the Users in the Huddl. Each Huddl will only be accessible to Users who have been filtered into the Huddl as a result of their hollr.
“Huddlfeed”
is a summary of activity that has occurred since a User last logged on to the Website or App. The Huddlfeed is personalised to the User’s account;
“Private Message”
enables an Associate User to send a direct message to a User
“User”
any member of the public who registers and uses the Website or App
“User’s Badges”
Badges may be awarded to User’s dependent upon the number of hollrs or Comments they have posted on the Website or App. This information will be available to view by all users.
2. Introduction
2.1 You may only gain full access to the Website or App by registering your email address and basic details.
2.2 By accessing any part of the Website or App, each User shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website or App immediately.
2.3 Users remain, at all times, responsible for your use of hollrs.com, for any hollr or Comment that you post on the Website or App, and for any consequences thereof. Any hollr or Comment that you display will be able to be viewed by other Users of the Website or App. Therefore Users are advised to only provide a hollr or Comment that you are content to share with others in accordance with these terms.
2.4 hollrs.com may revise this legal notice at any time by updating this posting. You should check the Website or App from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website or App.
2.5 All opinions expressed about businesses and service providers published on hollrs.com are provided by hollrs Users, who are members of the public and do not represent the opinion of hollrs.com or its owners. Each hollr or Comment is the individual opinion of each User based upon their experience on a particular occasion. All opinions posted on the Website or App therefore express the views of the User and as such neither hollrs.com, nor its owners will be held liable.
3. Registration and data use
3.1 When a User registers for a hollrs.com account you are required to provide information such as your name, email address, date of birth etc (“personal data”). Hollrs.com will also receive data from your User account including but not limited to when you are signed into your account, when you use the hollrs mobile app and the number of times you have posted on the Website or App (“computer data”). As a User you have the final decision upon the volume of data (which shall include both the personal data and computer data) provided.
3.2 When a User posts a hollr or Comment, Associate Users and other Users will be able to view a User’s username, how long a User has been a member of hollrs.com, and any User Badges.
3.3 By granting hollrs permission to use your data, hollrs can improve the Website or App to meet the Users needs and is able to provide Associates with anonymous analysis of the opinions expressed by the Users. Furthermore your data not only allows hollrs to provide Users with the Website or App as it exists today, but it also assists hollrs to develop the Website or App in the future. While each Users hereby permits hollrs to use the information that you provide to us, you always own all of your information. hollrs will not share the data or information that you provide with others unless hollrs has i) received the User’s permission; ii) given you notice, such as by telling you about it in this policy; or iii) removed your name, personal data and any other personally identifying information from it.
3.4 hollrs will only store your personal data for as long as it is necessary to provide you with the Website or App and as such information associated with each User’s account will only be kept until your account is deleted. Following deletion of a User’s account hollrs will remove all personal data but retain computer data and anonymous demographic information about a User for analysis.
4. Licence
4.1 You are permitted to print and download extracts from the Website or App for your own use on the following basis:
(a) no documents or related graphics on the Website or App are modified in any way;
(b) no graphics on the Website or App are used separately from the corresponding text; and
(c) hollrs.com's copyright and trade mark notices and this permission notice appear in all copies.
4.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website or App (including without limitation photographs and graphical images) are owned by hollrs.com or its licensors. For the avoidance of doubt the copyright and intellectual property rights owned by the Associate User shall remain the Associate Users’ intellectual property and shall not be transferred to hollrs.com through posting on the Website or App.
4.3 For the purposes of this legal notice, any use of extracts from the Website or App than in accordance with clause 4.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website or App automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website or App.
4.4 Subject to clause 4.1, no part of the Website or App may be reproduced or stored in any other Website or App or included in any public or private electronic retrieval system or service without hollrs.com' prior written permission.
4.5 Any rights not expressly granted in these terms are reserved.
4.6 derived directly or indirectly from the use of the Website or App shall at all times remain the property of hollrs.com
5. Service access
5.1 While hollrs.com endeavours to ensure that the Website or App is normally available 24 hours a day, hollrs.com shall not be liable if for any reason the Website or App is unavailable at any time or for any period.
5.2 Access to the Website or App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond hollrs.com's control.
6. Visitor material and conduct
6.1 The opinions expressed and published on hollrs.com are provided by members of the public and do not represent the opinion of hollrs.com or its owners.
6.2 In order to post a hollr, join a Huddl or post a Comment on hollrs.com a User must confirm their email address by activating an email link.
6.3 hollrs and Comments posted by Users are moderated and any perceived slander, abuse or profanity will be deleted. hollrs.com reserve the right to edit Users posting on the Website or App if it is felt that it was a genuine hollr or Comment, but a particular sentence is too strongly worded. In this case, the strongly worded sentence would be removed, but no additional comments would be added.
6.4 hollrs or Comments deemed inappropriate, defamatory or abusive will be deleted. The final decision as to what is appropriate and able to be published will lie with hollrs.com.
6.5 If there is an issue with any particular hollr or Comment posted by either a User or an Associate User then please click on report abuse button on the Website or App and provide the details of the User /Associate User concerned, the date of the hollr or Comment and outline the issue.
6.6 hollrs will not remove a negative hollr or Comment that appears in a Huddl simply because an Associate User asks hollrs.com to remove the same. If it is deemed to be a fair review by hollrs.com, then the hollr or Comment will stand. In this case, an Associate User will be able to leave a right to Comment or Private Message the User directly.
6.7 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website or App shall be considered non-confidential and non-proprietary (excluding the intellectual property rights set out in clause 4.2). hollrs.com shall have no obligations with respect to such material. hollrs.com and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
6.8 Users are prohibited from posting or transmitting to or from the Website or App any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.9 Users may not misuse the Website or App (including, without limitation, by hacking).
6.10 hollrs.com shall fully co-operate with any law enforcement authorities or court order requesting or directing hollrs.com to disclose the identity or locate anyone posting any material in breach of clause 6.8 or clause 6.9.
7. Links to and from other Website or Apps
7.1 Links to third party Website or Apps on the Website or App are provided solely for your convenience. If you use these links, you leave the Website or App. hollrs.com has not reviewed all of these third party Website or Apps and does not control and is not responsible for these Website or Apps or their content or availability. hollrs.com therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party Website or Apps linked to the Website or App, you do so entirely at your own risk.
8. Registration And Termination
8.1 Each registration is for a single User only. hollrs.com does not permit you to share your User name and password with any other person nor with multiple users on a network. hollr.com recommends that Users use “strong” passwords which contain a mixture of upper, lower case letters, numbers and symbols.
8.2 Responsibility for the security of any passwords issued rests with you. hollr.com will not accept any responsibility for any loss or damage caused to a User by your failure to comply with clause 8.1 above.
8.3 These terms of Use will continue to apply to Users, Associate Users until either party terminates. Users may terminate this agreement at any time for any reason by deactivating your hollrs.com User account and discontinuing your use of the Website or App. There is no need for a User to specifically notify hollrs.com that you deactivated your account. If you stop using the Website or App without deactivating your hollrs User account, hollrs.com retains the right to deactivate your account due to prolonged inactivity.
8.4 hollrs.com reserve the right to suspend or terminate a User’s account or cease providing you with all or part of the Website or App services at any time for any reason, including, but not limited to, a breach of the terms set out in clause 6.8 or 6.9 above. hollrs.com.
9. Disclaimer
9.1 While hollrs.com endeavours to ensure that the information on the Website or App is correct, hollrs.com does not warrant the accuracy and completeness of the material on the Website or App. hollrs.com may make changes to the material on the Website or App at any time without notice. The material on the Website or App may be out of date, and hollrs.com makes no commitment to update such material.
9.2 The material on the Website or App is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, hollrs.com provides you with the Website or App on the basis that hollrs.com excludes all representations, warranties, and conditions, express or implied.
9.3 hollrs.com do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any hollrs, Comments or communications posted via the Website or App or endorse any opinions expressed via the Website or App. You understand that by using the Website or App, you may be exposed to hollrs or Comments that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will hollr.com be liable in any way for any hollrs or Comments, including, but not limited to, any errors or omissions in the same, or any loss or damage of any kind incurred as a result of the use of any hollrs or Comments, transmitted or otherwise made available via the Website or App or broadcast elsewhere.
10. Liability
10.1 hollrs.com, any other party (whether or not involved in creating, producing, maintaining or delivering the Website or App), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website or App in any way or in connection with the use, inability to use or the results of use of the Website or App, any Website or Apps linked to the Website or App or the material on such Website or Apps, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or App or your downloading of any material from the Website or App or any Website or Apps linked to the Website or App.
10.2 Nothing in this legal notice shall exclude or limit hollrs.com’s liability for:
(a) death or personal injury caused by negligence; or
(b) fraud; or
(c) any liability which cannot be excluded or limited under applicable law.
10.3 You agree to indemnify, hold harmless and defend the hollrs.com and its officers, directors or employers from any and all claims, demands, actions and liabilities arising from your use of the Website or App.
11. MOBILE HOLLRS APP
11.1 hollrs.com provides a mobile application which enables Users to hollr whilst they are on the move. The app is provided free of charge to Users although Users should note that their usual mobile carriers data charges will apply.
12. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
13. ADDITIONAL INFORMATION
13.1 Users may also want to view the following pages on the Website or App which also govern the use of the Website or App;
13.2 https://www.hollrs.com/privacy-policy
Effective / Issue date Aug 2023