Welcome to Callout Hero Terms of Service

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24. Exclusions and Limitations of Liability

24.1. This section limits the responsibility and liability to You for your use of CALLOUT HERO and its content or in respect of any third-party products or services that we refer to or link to on the Platform.

24.2. CALLOUT HERO and/or its Owner accept no financial responsibility to You arising from Your use of the Platform or any of its content.

24.3. In no circumstances do we accept responsibility for your use of third-party Sites or in respect of any third-party products. By Third Party Sites we mean Apps, online or mobile services provided by third parties, including Apps of advertisers and sponsors that may appear on CALLOUT HERO. By Third Party Products we mean products or services provided by third parties.

24.4. It is not commercially possible for CALLOUT HERO to accept any responsibility for Your personal use of any information provided at the App or the way any user decides to use this information.

24.5. Content (including any information we publish regarding Third Party Products) is only for information purposes and is not intended to address Your particular requirements.

24.6. Any information that you receive from the Platform, whether or not it is classified as “real time”, may have stopped being current by the time it reaches you.

24.7. The information on the Platform is provided on an “as is” basis. To the fullest extent permitted by law, CALLOUT HERO excludes all representations and warranties relating to this App and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this CALLOUT HERO’s literature; and excludes all liability for damages arising out of or in connection with your use of this Platform. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

24.8. To the maximum extent permitted by law, the Owner accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Platform or any information contained therein. Users should be aware that they use the Platform and its Content at their own risk.

24.9. To the maximum extent permitted by law, the Owner accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Platform or any information contained therein. Users should be aware that they use the Platform and its Content at their own risk.

24.10. Nothing in these Terms and Conditions excludes or restricts the Owner’s liability for death or personal injury resulting from any negligence or fraud on the part of the Owner.

24.11. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977 (UK). However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.

24.12. CALLOUT HERO is an online platform which is intended to be used to allow Contractors and Customers to connect and arrange for the provision of services and Urgent Services directly with each other. Subject to the provisions of this Section, we are not responsible for and disclaim any and all liability related to the provision of services as between Contractors and Customers.

24.13. Contractors agree that their use of the Platform and provision of services is entirely at the Contractors’ own risk. No representations are made by us regarding the Customer who may be connected with the Contractor via CALLOUT HERO. We do not endorse any content submitted by Customer or any opinion, reliability or ability to pay expressed by the Customer and we expressly disclaim any and all liability in connection with the foregoing.

24.14. Any reference on the Platform to a Contractor being licensed or credentialed in some manner, or “badged”, “best of”, “top”, “background checked” (or similar language) designations indicates only that the Contractor has completed a relevant account process or met Customer review standards and does not represent anything else. Any such description is not an endorsement, certification or guarantee by CALLOUT HERO and is not verification of their identity and whether they or their services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Contractor to evaluate and make decisions about the identity and suitability of others whom the Contractor contacts or interacts with via the Platform. The Contractor should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other User. CALLOUT HERO is not responsible for any damage or harm resulting from Contractors’ interactions with other Users.

24.15. Nothing in this Agreement shall limit or exclude our liability to the Contractor for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or any other liability that under English law may not be limited or excluded.

24.16. Subject to clause 24.15 above in no event shall we be liable to a Contractor (including by reason of negligence) in contract, tort or otherwise, for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses Contractors suffer is strictly limited to losses that were reasonably foreseeable.

25. Intellectual Property

25.1. All Content included on the Platform, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of CALLOUT HERO, our affiliates or other relevant third parties. By continuing to use CALLOUT HERO you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

25.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from CALLOUT HERO unless otherwise indicated on the Platform or unless given express written permission to do so by the Owner.

25.3. Material from the Platform may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

25.4. All copyrights trademarks patents and other industrial or intellectual property rights which may arise as a result of, or be displayed or incorporated in, any written or printed material or any brochure which we may produce either our property or that of third parties and is not to be reproduced used or exploited in any manner whatsoever. You will indemnify us from and against all costs, claims and liabilities which we may suffer or incur as a result of you using, reproducing or exploiting any such industrial or intellectual property rights without the consent of the proprietor.

25.5. The copyright in and to the Terms and Conditions belongs to CALLOUT HERO. Any copying of the Terms and Conditions without the Owner’s prior written permission constitutes an infringement of our legal rights.

26. Links to Other Websites or mobile applications

26.1. This Platform may contain links to other sites. Unless expressly stated, these sites are not under the control of CALLOUT HERO or that of Our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on CALLOUT HERO does not imply any endorsement of the sites themselves or of those in control of them.

26.2. We do not monitor or review the content of other party’s Apps which are linked to from CALLOUT HERO. Opinions expressed or material appearing on such Apps are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our Users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. CALLOUT HERO and its Owner will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

27. Severability

27.1. All provisions of any relevant Terms and Conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant Terms and Conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non script and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

28. Privacy

28.1. For the purposes of applicable data protection legislation, the Owner will process any personal data you have provided to it in accordance with Privacy Policy available on CALLOUT HERO or on request from the Owner as per our Privacy Policy.

28.2. You agree that, if you have provided Us with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Us and (2) that you have brought to the attention of any such third party the Privacy Policy available on CALLOUT HERO or otherwise provided a copy of it to the third party. You agree to indemnify the Owner in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

29. No Waiver

29.1. In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

30. Previous Terms and Conditions

30.1. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

31. Children

31.1. Children under the age of 18 are not allowed to create an account or otherwise use the Services. Additionally, if you are in the EEA, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have obtained verifiable consent from your parent or legal guardian.

32. Notices

32.1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email as per our Contact details stated in our Privacy Policy and these Terms and Conditions. Such notice will be deemed received 5 working days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

33. Law and Jurisdiction

33.1. These Terms and Conditions are subject to English law and the courts of England and Wales and will have an exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions.

33.2. For the exclusive benefit of this Platform and to the extent possible in the applicable jurisdiction, CALLOUT HERO will retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms and Conditions or (if different) the country of your principal place of business.

33.3. Any relevant Terms and Conditions, policies and notices shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of England and Wales in respect of any disputes arising in connection with CALLOUT HERO, or any relevant Terms and Conditions, policies and notices or any matter related to or in connection therewith.

33.4. The Parties shall seek to resolve any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, including without limitation, any dispute regarding the enforceability of any provision, through good faith negotiations between them within 1 calendar month of any notice of dispute being served or such longer period of time as may be mutually agreed between the Parties.

33.5. If the Parties are unable to resolve the dispute in accordance with clause above, and one or both Parties desire to pursue the dispute, any such dispute, controversy or claim arising out of these terms and conditions or this Agreement including the validity, invalidity, breach or termination thereof, shall be settled first by the arbitration in the United Kingdom.

34.Force Majeure

34.1. We shall not be held liable for any failure to perform that is due to any cause or circumstance beyond Our reasonable control, including without limitation a demand for such Services which exceed Our ability to supply them, as well as force Majeure situations, including but not limited to earthquakes, fire, accidents, floods, storms, other Acts of God, riots, wars, rebellions, strikes, lockouts or other labor disturbances, national or international emergencies, failure to secure materials or equipment from usual sources of supply, failure of carriers to furnish transportation, government rules, regulations, acts, orders, restrictions or requirements or any other cause or circumstance beyond the reasonable control. No such inability to deliver or delay in delivery shall invalidate the remainder of these Terms and Conditions.

35. Changes to these Terms and Conditions

35.1. CALLOUT HERO reserves the right to update these Terms and Conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. The Platform shall have the right at any time, to change, modify, add, or delete the terms and conditions applicable to your use the Platform or any part thereof.

35.2. Any changed Terms shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting the changed terms on the Platform, by electronic or conventional mail, or by any other means by which you obtain notice thereof as per our Privacy Policy. Any use of the Platform by you after such notice shall be deemed to constitute acceptance by you of the changed terms.

35.3. The Platform may at any time modify any relevant Terms and Conditions, Policies or notices. You acknowledge that by visiting the CALLOUT HERO Platform from time to time, you shall become bound to the current version of the relevant Terms and Conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit CALLOUT HERO Platform.

36. Entire Agreement

36.1. These Platform’s Terms and Conditions constitute the record of the agreement between the Parties regarding this Platform and supersedes any prior agreements in relation to your use of the this Platform or any other platform provided by CALLOUT HERO.

36.2. Neither You nor the Platform and its Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these rules supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Platform and its Owner in respect of your use of CALLOUT HERO.

36.3. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect.

36.4. Failure by either Party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.

36.5. If We fail to enforce any of the rights under these Terms and Conditions, it will not be considered a waiver. Any amendment to or waiver of this statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement shall prevent us from complying with the law. This Statement does not confer any third-party beneficiary rights. These Terms and Conditions form part of the Agreement between the You and CALLOUT HERO. Your accessing of this Platform indicates your understanding, agreement to and acceptance of our Privacy Policy, other relevant Policies identified in these Terms and the Terms and Conditions contained herein. We acknowledge that the Users’ statutory Consumer Rights remain unaffected.