PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

WHAT’S IN THESE TERMS?

These terms tell you the rules for using our website www.holla.com (our site).

WHO WE ARE AND HOW TO CONTACT US

holla.com is operated by Holla Services Limited (”we”, “our” and “us”). We are a private limited company registered in England and Wales under company number 10682319 and have our registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom.

To contact us, please e-mail help@holla.com.

BY USING OUR SITE YOU ACCEPT THESE TERMS

Our site can be enjoyed without registration. However, registration may be required to access certain areas of our site or make use of certain features.

By using our site, whether as a registered user or not, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

You are responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Our site and services are not intended for children under the age 18. If you are under the age of 18, please do not use our site and do not provide us with any personal information.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These Terms of Use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on our site.
  • Our Terms and Conditions of supply will apply if you purchase goods directly from us from our site (where we are the seller and not a third-party offering its products or services through our site).

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time, for instance to reflect changes to our products and services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge and on an ‘as is’ basis. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

WE MAY TERMINATE YOUR ACCESS TO OUR SITE

We may terminate or suspend your account or access to our site without notice if you breach any provision of these Terms of Use or any other applicable law or regulation. We may, at our sole discretion, also take additional action, such as removing user generated content uploaded by you that is against our acceptable use policy, involve law enforcement authorities or issue legal proceedings against you. We have the sole and absolute discretion to decide whether you have violated any of these terms and our decision is always final.

We may terminate your access to our site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of these terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

WE MAY TRANSFER OUR RIGHTS AND OBLIGATIONS

We may transfer our rights and obligations under these Terms of Use to a third party, whether as part of a sale of all or part of our assets or for any other reason. We will try to give you reasonable notice of such transfer and we will make sure that such transfer will not prejudice your rights and obligations under these Terms of Use.

You may not transfer your rights and obligations under these Terms of Use under any circumstances without our prior consent. Any such transfer shall be deemed null and void.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@holla.com.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. This includes, but is not limited to, rights in and attached to texts, graphics, designs, logos, photos, videos, user interface and software. Those works are protected by copyright laws and treaties around the world. All such rights are reserved by us.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information and entertainment purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We do not assume liability for any errors, omissions and inaccuracies in any information displayed on our site.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Our site may contain hyperlinks to other sites. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as endorsement or approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources and we do not assume any liability for such content, nor for the proper functioning of links.

WE ARE NOT RESPONSIBLE FOR CONTENT OF CONTRIBUTORS

We seek out content providers in particular subject matters as independent contractor contributors to our site. Although we employ our best efforts to seek out contributors that deliver high quality content, we do not represent or guarantee that any contributor has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials as to the subject matter to which their contributions relate. To the extent we refer to each of these contributors as an ‘expert’, you must understand that we rely on the information they provide us and we are not obligated to independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. We are not obligated to monitor or independently research or verify any content they contribute. Contributors, even if characterized as an ‘expert’, are not employees of us, and we cannot and do not represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any contributor, nor of any other users of our site.

WE ARE NOT RESPONSIBLE FOR PRODUCTS AND SERVIVES OF THIRD PARTIES

You may be able to purchase products and services of third parties through our site under the Holla branding. You must understand that we merely facilitate the discovery of products and services on our site. You understand and acknowledge that we are not a party to any transaction concluded between you and a third-party supplier, even though the Holla branding may be used. Any relationship, arrangement or contract is made directly and solely between you and the third-party supplier. We are in no event responsible and do not assume liability for a proper execution of the transaction, for the reliability of the third-party supplier or the information they provide about their product or service. We play no part in and have no responsibility for any issue you have with the third-party supplier of a product or service purchased by you through our site. You are solely responsible and liable for the payment of fees and charges of the third-party supplier. We can never be a party to any claim made in this regard.

You agree and acknowledge that we do not perform any quality control regarding the quality, standards, licences etc of third party’s products and services, nor do we provide any guarantee for these product’s and services’ quality, performance, specification and functionality. This is the user’s own and sole responsibility. In no event shall we be liable for the purchase of a product or service made in reliance on any Information available on our site.

You understand and acknowledge that we do not make any endorsements of any particular product or service. However, we do provide recommendations and suggestions based on the users’ choice of filter.

WE ARE NOT RESPONSIBLE FOR VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website includes information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on help@holla.com.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products that we sell directly to you (other than via a third-party supplier), which will be set out in our Terms and Conditions of supply.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • 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; 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.
  • If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

UPLOADING CONTENT TO OUR SITE

Our site may give you the opportunity to upload content. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with our acceptable use policy.

You warrant that any such contribution does comply with our acceptable use policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a non-exclusive license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our acceptable use policy.

You are solely responsible for securing and backing up your content.

HOW WE MAY USE YOUR COMMENTS AND IDEAS ABOUT OUR SITE

You may choose to or we may invite you to submit comments or ideas about our site, including about how to improve our site or our products and services. By submitting any such comments or Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the comments or ideas without any additional compensation to you, and/or to disclose the comments or ideas on a non-confidential basis or otherwise to anyone.

HOW YOU MAY PROVIDE A PRODUCT REVIEW ON OUR SITE

You may choose to or we may invite you to submit a review of a product or service, its performance, quality and functionality, by leaving a brief comment and apply a rating. The review cannot concern products or services that were not provided through our site.

You agree that you must provide your review on the basis of honest practices and principles of morality. Your review must be true and accurate and must comply with our acceptable use policy.

You acknowledge and agree that we retain all ownership rights of the reviews posted on our site.

If a third-party supplier of a product or service you reviewed has suspicions about the veracity and accuracy of a review, he may contact us at hello@holla.com and we will communicate with both parties to ensure the accuracy and veracity of the review. We reserve the right to withdraw the review and cancel a user’s account if it is determined that the review was false, misleading or inappropriate.

OUR ACCEPTABLE USE POLICY

You agree to be polite, fair and respectful in your interactions with us and other users of our site and to respect their rights and privacy.

You agree not to misuse our site and the services provides by us, or help anyone else to do so. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

You must not test the vulnerability of our site or network or breach or otherwise circumvent any security or authentication measures.

You must not send unsolicited advertisements, communications, promotions or spam.

You must not send altered, deceptive or false source-identifying information, including phishing.

You must not upload content that is not owned by you and/or for which you have not obtained the necessary consent of third parties having rights in the content. You warrant that content does not infringe on any third party’s (intellectual property) rights.

You must not upload any content that is sexually explicit, pornographic, indecent, fraudulent, defamatory, racist, discriminatory, violent, promotes or advocates terrorism or is in any other way illegal.

You must not advocate hatred against any person or group of people based on age, race, religion, ethnicity, sex, gender identity, sexual preference or impairment.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, edit, adapt, and perform user-generated content in connection with the service provided by the site and across different media and to use the content to promote the site or the service. You also waive all moral rights that you, as the author, have, or may in the future have, with respect to your uploaded content.

When you upload or post content to our site, you also grant other users of our site and services and third parties such as advertisers and business partners, the right to access, view and store the content and use the content for their purposes or in accordance with the functionality of our site.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with our acceptable use policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact help@holla.com.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES

If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

OUR TRADE MARKS ARE REGISTERED

HOLLA and the Holla logo are registered trademarks of Holla Services Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under how you may use material on our site. All other trademarks not owned by us that may appear on our site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.