Terms of Service

These terms are a legal agreement between you and HollerApp Limited(“Holler”, “we”, “us”), a company registered in England and Wales whose registered office is 120 Moorgate, London EC2M 6UR. They govern your use of the HollerApp mobile app and this website (together, the “Platform”).

By creating an account or making a booking you accept these terms. If you do not accept them, do not use the Platform.

Please read section 11 (Our liability) carefully. It limits our liability to you so far as the law allows.

1. Definitions

• Customer — a person who books a service through the Platform.
• Provider — an independent business or self-employed individual offering services through the Platform.
• Service — the work a Provider performs for a Customer (cleaning, barbering, beauty and similar).
• Booking — an arrangement made through the Platform for a Provider to perform a Service.

2. What Holler is — and what it is not

Holler is a technology platform and introduction service only. We provide the software that lets Customers find Providers, arrange Bookings and pay for them.

We do not provide, perform, supervise, direct, control or oversee any Service.We are not a cleaning company, a salon, an employment agency or an employment business. We do not employ Providers and Providers are not our agents, workers, partners or subcontractors.

Every Booking creates a direct contract between the Customer and the Provider.Holler is not a party to that contract. We are not responsible for its performance, for the quality, timing, safety or legality of any Service, or for the acts or omissions of any Customer or Provider.

Where we describe a Provider as “top rated”, “popular” or similar, that reflects Platform data such as ratings and booking volume. It is not a recommendation, endorsement, or a warranty about that Provider.

3. We do not vet Providers

You should read this section carefully before booking.

Providers self-register and self-certify. Except where we expressly state otherwise in writing for a specific Provider, we do not:

• carry out background checks, DBS checks or identity verification;
• verify qualifications, training, certifications or trade memberships;
• confirm that a Provider holds insurance, or check the level or validity of any policy;
• verify company registration, right to work, licensing or tax status;
• inspect, supervise or audit any Service, before, during or after it is performed.

Any “verified” label on the Platform refers only to confirmation of an email address or phone number for that account. It is not a statement about a Provider’s competence, honesty, insurance, qualifications or suitability.

You are responsible for satisfying yourself that a Provider is suitable before you book, and for the decision to allow any person into your home or premises. We strongly recommend you check ratings and reviews, ask the Provider directly about insurance and experience, and take the same precautions you would when engaging any tradesperson found independently.

4. Your account

• You must be 18 or over and have legal capacity to enter into contracts.
• Your information must be accurate and kept up to date.
• You are responsible for keeping your login secure and for all activity under your account.
• One person, one account. Accounts may not be sold, shared or transferred.
• We may refuse, suspend or close any account at our discretion, including where we reasonably suspect a breach of these terms, unlawful use, or risk to other users.

5. Bookings, prices and payment

• Providers set their own prices, availability, service areas and cancellation windows. We do not set or control Provider pricing.
• The price shown at the point of booking is the price payable for that Booking. Additional work agreed directly with a Provider is a matter between you and them.
• A Booking is formed when the Provider accepts it and payment is authorised.
• Payments are processed by Stripe. By paying you also accept Stripe’s terms. We do not store your full card details.
• Funds may be held until the Service is complete and then released to the Provider.
• Holler charges a commission of 5% of the Booking value. The Provider receives the remaining 95%.

Payments outside the Platform. Arranging or paying for a Service outside the app is a breach of these terms. If you do so, that arrangement is entirely between you and the other party: it falls wholly outside the Platform, and no protection, refund, dispute process or involvement of any kind from Holler applies to it.

6. Cancellations, refunds and disputes

You may cancel a Booking in the app. Whether a refund is due depends on when you cancel and whether the Provider has already travelled or started work.

If you are unhappy with a Service, raise a support ticket in the app within 7 daysof the Booking. We will review the Booking record, in-app messages and any evidence provided, and may issue a full or partial refund at our reasonable discretion.

Any refund we choose to make is a goodwill resolution of a dispute between you and the Provider. It is not an admission that Holler is liable, is made without any acceptance of responsibility, and does not create an obligation to do the same again. Our decision does not affect your legal rights against the Provider, which remain yours to pursue.

Because Services are performed at a time you choose, your statutory 14-day right to cancel may not apply once the Service has begun with your express agreement.

7. Providers: your obligations

If you register as a Provider, you represent, warrant and undertake on a continuing basis that:

• you are legally entitled to live and work in the United Kingdom and to provide the Services you list;
• you hold and will maintain all licences, permissions, registrations and qualifications your trade requires;
• you hold and will maintain adequate public liability insurance, and any other insurance appropriate to your work, and will produce evidence of it on request;
• you are responsible for your own tax, National Insurance, VAT and any employment obligations to your own staff;
• you operate as an independent contractor in business on your own account. Nothing in these terms creates employment, worker status, agency, partnership or joint venture between you and Holler;
• you will perform Services with reasonable care and skill, in accordance with all applicable law including health and safety law;
• your listings, prices, availability and descriptions are accurate and not misleading;
• you will not solicit Customers introduced through the Platform to transact outside it.

8. Provider indemnity

If you are a Provider, you agree to indemnify and hold harmless Holler, its officers, employees and agents, on demand and in full, against all claims, demands, proceedings, losses, damages, fines, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• any Service you perform or fail to perform, including any injury to any person or damage to, loss of or theft of any property;
• any breach by you of these terms or of any warranty in section 7;
• any claim that you are or were an employee or worker of Holler, or any claim relating to your tax or employment status;
• any breach of law, regulation or third-party rights by you or anyone you engage.

This indemnity survives closure of your account and termination of these terms.

9. Customers: your responsibilities

• Give accurate access details, address information and any instructions the Provider needs.
• Provide a safe working environment, and tell the Provider about any hazard, pet, alarm, allergy or fragile item they should know about.
• Secure valuables, cash, jewellery and confidential documents before any Provider attends.
• Be present, or arrange safe and lawful access, at the booked time.
• Treat Providers lawfully and with respect. Harassment, discrimination, threats or abuse will result in immediate account closure and may be reported to the police.

You acknowledge that engaging any Provider — including allowing a Provider into your home or premises — carries inherent risk, that you accept that risk, and that you make that decision on your own judgement and not in reliance on any assessment by Holler. Nothing in this paragraph limits our liability for anything we cannot lawfully limit (see section 11).

10. The Platform itself

We provide the Platform on an “as is” and “as available” basis. We do not warrant that it will be uninterrupted, error-free, secure, or that any defect will be corrected. Features including live location tracking, notifications and in-app messaging depend on your device, your connection and third-party services, and may be unavailable, delayed or inaccurate.

We may change, suspend or withdraw any part of the Platform at any time. Content on the Platform is provided for general information and is not advice.

11. Our liability

11.1 What we never exclude

Nothing in these terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of your statutory rights as a consumer; or any other liability that cannot lawfully be excluded or limited.

11.2 What we are not liable for

Subject always to section 11.1, and because Holler is an introduction platform and not the supplier of any Service, we are not liable to you for:

• the acts, omissions, conduct, negligence, honesty or performance of any Provider or Customer;
• the quality, standard, timeliness, safety or legality of any Service;
• damage to, loss of or theft of property occurring during or in connection with a Service;
• injury or loss caused by a Provider or by anyone a Provider brings with them;
• a Provider failing to attend, cancelling, arriving late or abandoning work;
• a Provider not holding, or not honouring, insurance;
• any statement, promise or representation made by a Provider or Customer to the other;
• any arrangement, payment or dispute conducted outside the Platform;
• loss arising from your failure to keep your account secure, or from inaccurate information you gave us.

Claims of this kind lie against the Provider or Customer concerned, not against Holler.

11.3 Cap on our liability

Subject to section 11.1, our total aggregate liability to you arising out of or in connection with a Booking — whether in contract, tort (including negligence), breach of statutory duty or otherwise — is limited to the greater of (a) the commission we actually received on that Booking and (b) £100.

Subject to section 11.1, our total aggregate liability to you for all other claims arising in any 12-month period is limited to the total commission we received from your Bookings in that period, or £250, whichever is greater.

11.4 Losses we are not responsible for

Subject to section 11.1, we are not liable for loss that was not reasonably foreseeable to both of us when you accepted these terms, nor for loss of profit, loss of business, business interruption, loss of opportunity, loss of anticipated savings, or loss of or damage to data or goodwill.

11.5 Business users

If you use the Platform in the course of a business — including all Providers — then to the fullest extent permitted by law and subject only to section 11.1: all warranties, conditions and terms implied by statute or common law are excluded; we are not liable for any indirect or consequential loss whatsoever; and our total aggregate liability to you in any 12-month period is limited to the total commission we received from your Bookings in that period, or £250, whichever is greater.

11.6 Notifying a claim

Any claim against us in connection with a Booking must be notified to us in writing within six months of the date of that Booking, giving reasonable detail. This does not affect any statutory limitation period that applies to consumers.

12. Your indemnity

You agree to indemnify us against all claims, losses, damages, costs and expenses (including reasonable legal fees) arising from your breach of these terms, your misuse of the Platform, your unlawful conduct, or any content you submit. Where you are a consumer, this applies only to the extent the loss was caused by your own breach or fault.

13. Reviews and content

Reviews must be honest, based on a Booking you actually made, and must not be abusive, discriminatory, defamatory or misleading. We may remove content that breaches these terms or the law. You keep ownership of content you submit and grant us a worldwide, royalty-free licence to host, display and distribute it for the purpose of operating and promoting the Platform.

14. Prohibited conduct

You must not: arrange payment outside the app to avoid commission; post fake or incentivised reviews; harass, threaten or discriminate against any user; impersonate any person; scrape, reverse-engineer, overload or interfere with the Platform; or use it for any unlawful purpose.

15. Suspension and termination

You may close your account at any time. We may suspend or terminate your access immediately where you breach these terms, where we reasonably suspect unlawful or unsafe conduct, or where required by law. Sections 2, 3, 8, 11, 12 and 18 survive termination, as does any obligation already accrued.

16. Events outside our control

We are not liable for any failure or delay caused by events beyond our reasonable control, including outages of third-party services (such as Stripe, Twilio, Google or our hosting providers), network or power failure, industrial action, extreme weather, epidemic, or acts of government.

17. Complaints

Please raise complaints with us first at hello@hollerapp.co.uk — most issues are resolved quickly. If we cannot resolve it, consumers may be able to use an alternative dispute resolution scheme or the courts. Nothing here removes your right to do so.

18. General

• Changes. We may update these terms. Material changes will be notified in the app or by email before they take effect. Continued use afterwards constitutes acceptance.
• Severance. If any provision is held unenforceable, it is severed or narrowed to the minimum extent necessary and the remainder continues in full force.
• No waiver. Any delay in enforcing these terms is not a waiver of our rights.
• Entire agreement. These terms, together with our Privacy Policy, form the entire agreement between us on their subject matter.
• Assignment. We may assign or transfer these terms. You may not without our written consent.
• Third parties. Except for the indemnities in sections 8 and 12, which our officers, employees and agents may enforce, no third party has rights under the Contracts (Rights of Third Parties) Act 1999.
• Governing law. These terms and any dispute arising from them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer resident elsewhere in the UK, you may also bring proceedings in your local courts.

19. Contact

hello@hollerapp.co.uk · HollerApp Limited, 120 Moorgate, London EC2M 6UR, United Kingdom.