0333 5775957

Welcome to Callout Hero Terms of Service

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Last Update: 02/07/2021

Welcome to Callout Hero Terms of Service.

Please read these terms carefully to understand the process and language we use to organise emergency callouts.

BY USING CALLOUT HERO WEBSITE (https://www.callouthero.com) (“CALLOUT HERO”), YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

 IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE CALLOUT HERO.

If your country of residence or establishment is outside of the EEA, Switzerland, and the United Kingdom, some of these Terms for European Users may not apply to you.
 

1.Introduction

 1.1. The following Terms and Conditions govern the use of the Website www.callouthero.com), especially as downloaded, viewed or browsed by a user to a mobile device or other electronic device, hereinafter referred to as “Website”, “CALLOUT HERO”, “We”, “Us” or “Our”.
 

1.2. These Terms and Conditions alongside with Our Privacy Policy form the basis of contract between the CALLOUT HERO, its Owner and its Users, who view, browse, log in or anyhow use the information contained on CALLOUT HERO Website hereinafter referred to as “Users”, “You” or “Your”.
 

1.3. CALLOUT HERO is owned and operated by CALLLOUT HERO LTD a company incorporated under the laws of United Kingdom with registered number 13250074 and having its principle office registered at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX, hereinafter referred to as the “Owner”, the “Company” or “CALLOUT HERO”.
 

1.4. Your access and use of the information contained herein is subject to the following Terms and Conditions and all the applicable laws. By accessing, downloading, using and browsing this Website and by subscribing to our Services, you accept, without limitation or qualification, these Terms and Conditions.
 

1.5. These Terms and Conditions constitute a binding contract between You and the Owner. If you do not agree to any part of these Terms and Conditions you must stop using CALLOUT HERO and/or notify Us immediately at Help@callouthero.com .
 

1.6. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of this CALLOUT HERO. If you do not agree to these Terms and Conditions, please stop using CALLOUT HERO immediately and do not use this Website.
 

1.7. Any Products and/or Services displayed on CALLOUT HERO are not representative of all products and services available in the market.

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2.Definitions and Interpretation 

2.1. In these Terms the following definitions and rules of interpretation apply:

“Booking” means when a specific Service or Urgent Service is booked by a Customer through the CALLOUT HERO platform and pays the Deposit.

“Booking fee” Means a set amount charged for the Services to have a Contractor to come to the Client’s property and fulfil a Service or an Urgent Service.

“Call out” Means an instance of being summoned to deal with an emergency or do repairs.

“Confidential Information” or “CI” means, without limitation, trade secrets, proprietary information, materials or know-how belonging to the Party, including vendor, customer, employee, financial, legal, marketing, technical and manufacturing information and not generally known or disclosed to third parties. CI does not include any material which is in or subsequently enters the public domain (other than through the acts or omissions of the recipient), or which the recipient generated internally (as demonstrated by documentary evidence) without access to the Party’s CI.

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this CALLOUT HERO;

“Customers”/ “Clients” means, such Users and Members, who choose to contact, search for, book, use such services and relevant urgent services and events, connect or otherwise engage with the Contractors through CALLOUT HERO.

“Data Protection” means the UK, EU and EEA Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

“Deposit” means a sum of money paid either by cash, PayPal, card or bank transfer which takes effect immediately as soon as it’s paid due to the service CALLOUT HERO and/or the relevant Contractor through CALLOUT HERO provide.

“Engineer”/ “Contractor” means, “Contractor”, without limitation, such professionals within such relevant industries who choose to offer, publish, provide or otherwise promote their services through CALLOUT HERO platform to the Customers. For the avoidance of doubt, a Contractor is a sole trader who owns his/her own business and is not a sub-contractor of the Company and is not employed by the Company.

“Contractor” also means a person, who has registered as a competent person via means of advertising, insurance documents or other verified accounts.

“ETA” means estimated time of arrival.

“in writing”/ “written” when communicated in any written form, including letters, e-mails and any other electronic correspondence.

“Member” means an individual or organisation that has successfully subscribed for the Services via CALLOUT HERO Website.

“Membership” means a paid Premium Service, which may be provided by  CALLOUT HERO and its Owner to corporate clients, subject to separate agreement, which entails the rights and obligations of a Member, arising out of it, as per these Terms and Conditions below.

Minors” means persons below the age of 18.

“Parties” means any and all parties hereby mentioned and bound by these Terms and Conditions, including but not limited to CALLOUT HERO, the Owner, Users, Members and Contractors.

“PCI – DSS” means (Payment Card Industry – Data Security Standard).

“Personal Information” means any information relating to an identified or identifiable natural person and the information referred to in Our Privacy Policy and Cookies Policy.

“Platform” means the Website and any and all online tools and facilities collectively provided by CALLOUT HERO and its Owner to all Users.

“Service” means collectively any online facilities, tools, services or information that CALLOUT HERO and its Owner makes available through the Website, including without limitation, locating the Contractor to visit the Client’s property, or otherwise, either now or in the future as well as the provision of services defined in these Terms and Conditions below;

“Session” means a single continuous instance, a session of a Service, provided by the Contractor, of any length, whether conducted in person, by any electronic means or otherwise.

“System” means any online communications infrastructure that CALLOUT HERO  and its Owner makes available through the Website, Mobile App or otherwise either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“Urgent” means that the urgent Service that has started from the point of the deposit being paid.

“Use” means but not limited to use, copy, publicly perform or display, distribute, modificative, translate and/or create derivative works through CALLOUT HERO.

“User” / “Users” means any third party that accesses CALLOUT HERO and is not employed by the Owner and acting in the course of their employment;

2.2. For the avoidance of doubt, any use of terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

2.3. any clause, schedule or other headings in these Terms is included for convenience only and shall have no effect on the interpretation of the Terms;

2.4. a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;

2.5. a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;

2.6. a reference to a ‘company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;

2.7. a reference to a gender includes each other gender;

2.8. words in the singular include the plural and vice versa;

2.9. any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;

2.10. a reference to legislation is a reference to that legislation as in force at the date of the Last revision of these Terms as amended, extended, re-enacted or consolidated from time to time;

2.11. headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.

2.12. a reference to legislation includes all subordinate legislation from time to time under that legislation; and

2.13. a reference to any English action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English equivalent in that jurisdiction.
 

3.About CALLOUT HERO

3.1. The CALLOUT HERO Platform offers an online venue that enables Users, Members and Contractors to publish, offer, search for, and book Our Services or any such relevant services within the Ugent repairs and maintenance industry, which may be available on CALLOUT HERO from time to time.
 

3.2. Contractors, including without limitation, the representatives of the relevant companies, organisations, and other providers of the Services listed or otherwise advertised on CALLOUT HERO, can use the Platform to publish and offer services, subject to separate agreement between the Parties in writing.
 

3.3. Contractors can create, book jobs in diary, deliver, and earn by providing Services via CALLOUT HERO platform.
 

3.4. You may need to register an account to access and use specific features of the CALLOUT HERO Platform Services, in accordance with these Terms, and You must keep your account information accurate.
 

3.5. For the avoidance of doubt, CALLOUT HERO is not a Party to the contracts concluded directly between Contractors and the Clients, CALLOUT HERO is not an insurer or an organiser of any of the Services, unless otherwise expressly stated by CALLOUT HERO. CALLOUT HERO is not acting as an agent in any capacity for any Contractor, except as specified in these Terms and Conditions below.
 

3.6. CALLOUT HERO maintains other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by CALLOUT HERO or any of Our Partnering Payment Providers and payment entities, as defined in these Terms below.
 

3.7. If you are a Contractor, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Services.
 

4.Use of CALLOUT HERO Platform

4.1. The Users may not, whether through the use of additional software or by any other means: data mine or conduct automated searches on the Platform or the data contained in it, access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without Our express written permission in writing.
 

4.2. The Users may not take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
 

4.3. The Users may not use techniques to “frame”, “mirror” or otherwise incorporate any part of CALLOUT HERO into any other App, Website or any online tool or facility, without limitation, without Our prior written authorisation.
 

4.4.As a condition of Your use of CALLOUT HERO, You warrant to the Company that You will not use CALLOUT HERO for any purpose that is unlawful or prohibited by these Terms and Conditions.
 

4.5. The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
 

4.6. The Owner accepts no liability for any disruption or non-availability of CALLOUT HERO resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
 

4.7. CALLOUT HERO does not provide any warranty or representation that it is free from infection by viruses or anything else that has contaminating or destructive properties.
 

5.Our Services, booking process and charges

5.1. CALLOUT HERO is designed to provide a tool to connect its Users based on their needs and to enable Contractors to offer their Services and other services to the Customers through CALLOUT HERO platform (“Services”). CALLOUT HERO provides a fast response service for people that are in an emergency.  All jobs are processed on an emergency basis. If however your job is not urgent and falls into the category of planned repair or maintenance then please let us know at the point of booking so we can organise your job accordingly.
 

5.2. CALLOUT HERO’s purpose is to connect the Users, and by using the application programming interface (“API”) and other complex data insight technology, we MAY get information on the Users such as  their interests, business and other relevant data for the provision of Services. To read more about how we use, obtain and store the Data of the Users, please read our Privacy Policy.
 

5.3. Subject to these Terms and Conditions, we shall provide our Services to You, including but not limited to the Website with all the tools and facilities on-line or otherwise, providing you with a support network, facilitating the formation of any arrangements between the Customers and the Contractors, sharing any relevant content or otherwise.
 

5.4. We shall act in accordance with all reasonable instructions given to Us by You by an agreed method of contact and in writing and We shall provide the Services with reasonable skill and care, commensurate with prevailing standards in the United Kingdom.
 

5.5. We shall be responsible for ensuring that we comply with all statutes, regulations, bylaws, standards, codes of conduct and any other rules relevant to the provision of the Services and We shall keep you informed of all activities related to the Services by means agreed with You and we shall act in accordance with all reasonable instructions given by You.
 

5.6. We shall use all reasonable endeavours to accommodate any reasonable changes in the Services that may be requested by you, subject to your acceptance of any related reasonable changes to the fees that may be due as a result of such changes.
 

5.7. The Platform is designed for convenience purposes only, it aims to provide an intelligent database for the Users to make relevant searches, manage their needs and make bookings. Notwithstanding, We shall make all reasonable efforts to ensure that the Contractors shall have suitable skills and experience for the purpose mentioned by the Customers and comply with the legitimate and reasonable instructions of the Customers relating to the Services and any specific Sessions and comply with your reasonable requirements concerning conduct and standards of behaviour.
 

5.8. We shall inform the Contractors that they shall observe all applicable policies and procedures whilst engaged by the Customers.
 

5.9. For the avoidance of doubt, we DO NOT act as an employer, recruitment agency or recruitment business. The Contractors are independent contractors and are not employees, partners, or co-ventures of, or in any other service relationship with CALLOUT HERO, unless otherwise specified in writing by CALLOUT HERO. The Contractors are not authorised to speak for, represent, or obligate CALLOUT HERO in any manner without the prior express written authorisation from CALLOUT HERO.
 

5.10. Through the Platform, the Contractors may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Contractors that may offer such services and Services they seek.
 

5.11. We do not provide the Service or make any representation or warranty about Contractors, their level of competence or their ability to provide the services or the relevant Services, including the ability to provide services in accordance with any particular level of expertise or quality, and we are not responsible for Customer’s or Contractor’s obligations. We have no obligations regarding the provision of Services by the Contractors (or any other obligations of the Contractors) which remain their sole responsibility under their direct contract with Customer(s). We are not an agent or partner of any Contractor or Customer, unless otherwise specified in writing by CALLOUT HERO.
 

5.12. Customers will not be able to search for physical products or virtual goods on CALLOUT HERO, as the CALLOUT HERO relates to provision of Services only, unless otherwise specified in writing by CALLOUT HERO.
 

6.Bookings

6.1. The booking is not valid and the job/Service can not be organised until the Deposit has been paid.  This Deposit is non-refundable.
 

6.2. When making payment over the phone your payment will be processed using  secure payment gateway Squareup or any other payment provider as may be communicated to you at the time of making the Booking (“Our Payment Provider”), please see Squareup’s Privacy Policy for further information.
 

6.3. All Deposits paid to Callout Hero directly are for the Booking fee only and every booking is subject to the minimum 1 hour of work charge, paid directly to the Contractor at the end of the first visit. In the event more time is required on your job or a part is needed, the contractor will quote you for that directly.
 

6.4. We will discuss with you in advance which payment method you will like to use when paying the contractor directly. Accepted payment methods include Cash, Cheque, Card, PayPal or Bank transfer.
 

6.5. The Contractor may in certain circumstances agree to accept payment within 5 days of the services being provided.; this is ultimately at the Contractor’s discretion. If this is agreed they will provide you an invoice upon completion of the job requesting payment by bank transfer within 5 days.
 

6.6. The visit duration will be calculated from the time that the Contractor enters your property
 

6.7. Because of the nature of the services we provide, a cooling off period will only be available for non-emergency service and you provide at least 24 hours’ to Callout Hero on 0333 5775597 as well as your contractor using the number provided. Your request for us to manage your non-emergency job must also have been put in writing at the point of booking
 

7.Delivery of Services

7.1. The majority of the callouts we organise are for domestic home emergencies. Unless you notify us that your job is not urgent at the point of booking, your job will be processed as a home emergency. Callout Hero will request Contractors to visit at a Client’s property within 120 minutes of you responding to the confirmation message we send you.
 

7.2. Your Contractor will be sent your full name, address of job and a description of your home emergency. This will be sent via text message or email.
 

7.3. If the Contractor arrives at your property before the arranged time of the visit, and you are not able to provide access, the contractor is prohibited from charging any time spent waiting.
 

7.4. If you are unable to attend the premises at the appointment time then you must let the Contractor and Callout Hero know by phone call. Please call us on 0333 5775597 and contact your Contractor on the phone number we sent you via text or email.
 

7.5. If the Contractor attends the property where the Services are to be provided at the agreed appointment time and you fail to allow entry, the Contractor would have met their contractual obligations and will send you an invoice for 1 hours work which should be paid within 5 days.
 

7.6. All contractors will have all basic qualifications, subject to these Terms. If your job requires work to be completed outside the jurisdiction of these basic qualifications, Callout Hero must be made aware of this at the point of booking.
 

7.7. All contractors will be required to carry a ‘standard stock’ which is deemed reasonable for a 24 hour emergency call out. If any special materials or parts required are not listed on the Callout Hero Website, this must be mentioned before the booking is complete. In the event the job can not be completed within the agreed first hour of work Session then your engineer will explain the work that has been completed so far and present you with your options including quotes for more time or parts.
 

7.8. Any further work that Callout Hero are not aware of past the first hour is outside the contract agreement between Callout Hero and the customer.
 

7.9. The role of the contractor is to complete urgent repairs and maintenance; when this is not possible due to circumstantial limitations such as access or a part outside of the standard stock being required, the contractor will endeavour to make safe within the reasonable scope of an emergency call out. [1] [2] If for whatever technical reason, including without limitation, the lack of any relevant parts or equipment, it is not possible for the Contractor to perform the job additional arrangements, including any additional charges and timings shall be agreed upon by the Parties in writing and confirmed by Callout Hero.
 

8.Your Responsibilities

8.1. Each User acknowledges and agrees that the relationship between Users of CALLOUT HERO Platform is that of an independent contractor. Nothing in these Terms and Conditions creates a partnership, joint venture, agency or employment relationship between Users.
 

8.2. You shall use all reasonable endeavors to provide all pertinent information to us that is necessary for our provision of the Services. Such information shall include, but not necessarily be limited to the job that you require, the outcomes to be expected, the information that you seek.
 

8.3. You shall acknowledge that We may, with or without reasons, at Our absolute discretion, reject any offers that we cannot perform for whatever reason or reject any User or Users from using Our Services.
 

8.4. When you create an account and/or have a Membership with Us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account or booking on the Platform.
 

8.5. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account and in accordance with our Privacy Policy. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Platform or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
 

8.6. We do not tolerate any unsolicited offers and/or any harassment between the Users of CALLOUT HERO. If We become aware of any such correspondences and/or offers we shall terminate your account and Membership with Us with immediate effect.
 

8.7. We reserve the right to refuse service, terminate accounts, remove or edit content, cancel Memberships, change our pricing policy and charges in our sole discretion and in accordance with these Terms and Conditions.
 

8.8. You can terminate your account by emailing us at help@callouthero.com and in accordance with these Terms and Conditions.
 

8.9. You may, from time to time, issue reasonable instructions to Us, in relation to the provision of the Services. Any such instructions should be compatible with the specification of the Services provided in these Terms and Conditions.
 

8.10. In the event that we require the decision, approval, consent or any other communication from you in order to continue with the provision of the Services or any part thereof at any time, you shall provide the same in a reasonable and timely manner.
 

8.11. Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions shall NOT be the responsibility or fault of Ours.
 

8.12. You will fully cooperate and assist  us in complying with our duties under these Terms and Conditions and, as provided in the applicable law.
 

8.13. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Services or services advertised on CALLOUT HERO. For example, this means that you must act with integrity, treat others with respect and comply with applicable laws at all times.
 

9.Your Account

9.1. To use certain features of our Services and/or Membership, you may be required to create an account (an “Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.
 

9.2. You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Us if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account and enable two-factor authentication.
 

9.3. You will not license, sell, or transfer your Account without our prior written approval.
 

9.4. All Users of specific Services only need to register once. Registration is subject to agreement by Us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason.
 

9.5. Users must ensure that any registration details they provide are accurate. To register an account with Us, You must provide us with accurate, complete and up-to-date contact information, including your name, address, telephone number and email address and any other such information as may be required for the provision of Services. Users are responsible for the information they provide to Us. Users are responsible for ensuring that the details they provide us with are correct and complete, and for informing Us of any changes to the information they have provided. Users can access and update the information they have provided us with, including their account settings, in the relevant area of the Platform.
 

9.6. We may disable access at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Platform, if they have failed to comply with any of the provisions of these Terms or if any details they provide for the purposes of registering prove to be false.
 

10.Liability

10.1. Although we make an effort to ensure Contractors whose details we provide are legitimate, reputable and have appropriate qualifications, membership to and/or approval of trade related bodies organisations and associations and that the information we had is accurate, the information is compiled from details supplied to us from the Contractors and we cannot be held responsible for any errors or inaccuracies in such information or for the suitability or quality of any services or goods supplied to Clients through our Service.
 

10.2. The provision of a Contractor’s details does not necessarily imply our approval of the tradesmen, suppliers or companies.
 

10.3. We accept no liability for any transactions which take place between you and the Contractor whose details we have provided.
 

11.Breaches and security

11.1. When using or accessing CALLOUT HERO, You must comply with these Terms and all applicable laws, rules, and regulations.
 

11.2. You CANNOT Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.
 

11.3. You CANNOT access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.
 

11.4. Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights.
 

11.5. Use the Services in any manner that we reasonably believe to be an abuse of or fraud on the CALLOUT HERO, its Owner, any User or any payment system or Our Payment Provider.
 

11.6. We encourage you to report content or conduct that you believe violates these Terms or any of our policies. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email Help@callouthero.com
 

11.7. Whilst we will aim to do our best to monitor and moderate the activities of other Users, we do not hold any responsibility whatsoever for the behavior of other Users that you may connect to using CALLOUT HERO. Any behavior that contradicts these Terms or our Privacy Policy shall be immediately reported to us in the relevant section of the Platform or by emailing at Help@callouthero.com .
 

11.8. We reserve to terminate your account for any breach of our Terms or for any security breaches or other breaches at any time.
 

12.Booking Services and Responsibilities

12.1 You can search for the relevant Services and events by using CALLOUT HERO search and the specific criteria like the type of service, dates, etc or by giving us a call as per instructions on the Website.
 

12.2. When you book a Service, you are agreeing to pay all charges for your booking, applicable fees like CALLOUT HERO’s service fee, offline fees, taxes and any other items identified during checkout (collectively, “Total Price”).
 

12.3. You are also agreeing that CALLOUT HERO’s Payments may charge and collect any security Deposit identified. When you receive the booking confirmation, a contract with the relevant Contractor for the relevant Service is formed directly between you and the Contractor. The cancellation policy and any other rules, standards, policies, or requirements identified in the Service or during checkout form part of your contract with the Contractor. Be aware that some Contractors may work with a co-Contractor or as part of a team to provide their Service.
 

12.4. Since the nature of the Services requires that the Contractor has access to Your premises or any other location, access to which is lawfully controlled by You, You shall (i) ensure that the Contractor has access to the same at the times to be agreed between the us or the Contractor as required; (ii) ensure Your public liability insurance policy covers the consequences arising out of the work performed by us or the Contractor; and (iii) take all reasonable precautions to ensure the health and safety of the Contractor, while on Your or any other premises.
 

13.Fees, Payment and Taxes

13.1. CALLOUT HERO shall provide You with all information required to wire funds to the Company in accordance with these Terms and Conditions for the Services and/or any specific Membership.
 

13.2. To book a Service, You will be asked to supply your banking details, including without limitation, your credit/debit card number for Direct Debit charges, expiration date, CCV and billing address.
 

13.3. Subsequent Direct Debit charges for any specific Service fees will be collected thereafter, based on your specific agreement with us and the details, which shall always be up-to-date on the Website. Any direct debit agreement or installment plan for any specific service will be discussed in detail and be subject to its own terms.
 

13.4. All payments shall be processed immediately through a third-party service Our Payment Provider. We are not responsible for the retention or safety of your billing information that is collected by the third-party service, unless otherwise specified in our Privacy Policy. For the avoidance of doubt, the financial transactions relating to any Services provided by CALLOUT HERO will be handled by our Payment Provider. As of the date of these Terms, Our Payment Provider is Squareup ( https://www.squareup.com/ )We will share transaction data with our Payment Provider only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about Our Payment services Providers’ privacy policies and practices on their website, via the link in this clause above.
 

13.5. We will also store and use the Personal Data you give to us in order to process your payment for the purchase or subscribe to our services as per our Terms and Conditions and our Privacy Policy. We only use third party payment processors that take the utmost care in securing data and/or comply with the GDPR. We may disclose your transaction data to our accountant(s) for the purpose of enabling them to manage our financial records. This third party will act as a data controller in relation to the data that we supply to it. In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
 

13.6. You hereby represent and warrant that You have the legal right to use any payment method(s) in connection with any purchase and that the information you supply to Us is true, correct, and complete to the best of Your knowledge.
 

13.7. You hereby authorise CALLOUT HERO to debit Your chosen payment method with the relevant fee. If the payment fails or is insufficient, You authorise us to re-try one or more times to debit the selected payment method.
 

13.8. We have the right to refuse or cancel your Membership or any bookings or if fraud or an unauthorised or illegal transaction is suspected. If fraud or an unauthorised or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information and in accordance with our Privacy Policy.
 

13.9. Any fees for the specific Services may be determined by the Contractors. CALLOUT HERO may charge fees (and applicable taxes) Clients for use of the CALLOUT HERO Platform. More information about when service fees apply and how they are calculated can be found on the relevant page of our Platform. Except as otherwise stated on the Platform, service fees are non-refundable.
 

13.10. If the Customer does not make any payment due to us on time, we may suspend or terminate access to the Platform.
 

13.11. Any fee changes will not affect bookings made prior to the effective date of the fee change.
 

13.12. Any fees displayed on the Platform and any of its pages at the time of downloading or viewing shall prevail, unless otherwise agreed in writing. We reserve the right to monitor and update our fees on a case-by-case basis at any time. We shall inform You in writing of any and all such changes.
 

13.13. For the avoidance of doubt, from time to time we may need to increase the prices for specific Services.
 

13.14. You shall pay all the applicable taxes and funds that arise, relating to any payments and transactions as per this clause, including but not limited to banking fees, from your own funds.

14.Cancellations and Refunds

14.1. CALLOUT HERO may feature Services that are offered via a subscription model. Our subscription model may require regular payments for our Services, as per these Terms and Conditions. If We do not receive timely payments for Our Services, we reserve a right to terminate your Membership and any agreements between Us and You with immediate effect, at Our sole discretion.
 

14.2. If you need to cancel your booking please notify Callout Hero as soon as possible by calling 0333 5775597 We will notify your engineer and close the booking down, subject to our terms below.
 

14.3. We will send you a cancellation text message or email which states you have requested to cancel your booking. You will need to reply to the message confirming your request before we close your job down. The time of cancelation is recorded as the time your reply to the cancelation message we send you.
 

14.4. Callout Hero is not obligated to refund your deposit unless you have notified us within 10 minutes of completing your booking or a contractor has not been allocated to your job at the time you request to cancel.
 

14.5. Please note that if you cancel an Urgent or emergency Service your right to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will be lifted in accordance with PART 3 “Right to cancel”. The limitation on cancellations of urgent contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance will always apply and prevail. [3] 
 

14.6. If you need to cancel a  ‘Non emergency job’  we will require a minimum of 12 hours notice before the job is scheduled to be attended. Failure to provide the required notice within the 24 hour period will result in loss of your deposit.
 

14.7. Any refunds will be made by the same method as payment unless agreed at the point of refund by your complaint manager.
 

14.8. In relation to payments, once a a refund is agreed and processed you should receive deposit funds back in your account within 7 working days depending on your bank’s policy.
 

14.9. In certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a reservation, you may be entitled to a partial or full refund under our Extenuating Circumstances Policy. Please email Help@callouthero.com and this will be reviewed on a case-by-case basis.
 

14.10. Booking Modifications. Contractors and Clients are responsible for any booking modifications they agree to make via the CALLOUT HERO Platform or direct CALLOUT HERO customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.
 

15.Reviews

15.1. After each Service, the Contractors and the Clients may have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy. Reviews may be verified by CALLOUT HERO for accuracy and may NOT be incorrect or misleading.
 

16.Review Content Standards

16.1. These standards apply to any and all content of any kind  Users submit to or through the Platform, including all content contained within Requests, all reviews Customers may post about a Contractor including Feedback or any other comments that Customers post on the Platform (Customer Content). Users must comply with the spirit of the following standards as well as the letter. The standards apply to each Party.
 

16.2. Content must:

16.2.1. be relevant to the purpose of the Platform;

16.2.2. where it states facts, be accurate to the best of a Customer's knowledge, information and belief; and

16.2.3. comply with applicable law in the United Kingdom and in any country from which it is submitted.
 

16.3. Content must not:

16.3.1. be unlawful in any way;

16.3.2. contain any material which infringes any intellectual property right or other right of any other person;

16.3.3. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or data protection obligations

16.3.4. contain fraudulent information;

16.3.5. contain any hyperlink to any page of an internet site that resides behind a 'paywall' or other login screen or any 'deep link' where 'deeplinking' (except to the CALLOUT HERO's pages) is prohibited by the Owner;

16.3.6. contain any material which is defamatory of any person or entity;

16.3.7. be likely to mislead or deceive any person;

16.3.8. be used to impersonate any person, or to misrepresent a Customer's identity or affiliation with any person;

16.3.9. contain any material which is obscene, offensive, hateful or inflammatory;

16.3.10. be menacing, threatening, abuse or invade another's privacy, or cause harassment, anxiety, alarm, upset, embarrassment, annoyance or inconvenience to any person;

16.3.11. contain or promote sexually explicit material;

16.3.12. promote violence or aggression;

16.3.13. promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;

16.3.14. encourage, advocate, promote, solicit, invite or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse;

16.3.15. be used to transmit, or procure the sending of, any unsolicited or unauthorised advising or promotional material or any other form of similar solicitation (spam).
 

16.4. CALLOUT HERO reserves the right to remove any reviews and feedback that violates these Terms at its sole discretion.
 

17.Change of services

17.1. All descriptions and other details provided in relation to the Services are subject to confirmation by us and may be changed without notice.
 

17.2. All services are subject to upgrades, and the Service you receive may change in function at a later date. It is your responsibility to check with Us if all the applicable Services are available.
 

17.3. We will rely upon your instructions being correct when requesting a Service and reserve the right to refuse to withdraw such Services which are no longer required.
 

17.4. For the avoidance of doubt, this section refers to the Services provided by CALLOUT HERO, not for any services provided by Contractors.
 

18.Promotions and other Events

18.1. Any contests, sweepstakes or other promotions and events (collectively, “Promotions”) made available through our Platform may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the relevant Promotion’s rules will apply.
 

19.Resolving complaints and other claims

19.1. The services delivered by Callout Hero and your Contractor are provided in good faith with the objective of helping you get the assistance you need with your home emergency. In the event you are unhappy with either the services of callout Hero or the Contractor we have a fair and transparent complaints procedure you can follow to have your case reviewed.
 

19.2. Please be aware that Callout Hero is not responsible for any complaints made between you and the Contractor in question, however, we are happy to mediate in such circumstances. We are determined to reach positive outcomes for all parties.

19.3. Complaints must be made in writing by email to help@callouthero.com and need to confirm the date and time of your job, the name of the attending engineer and the description of your complaint.
 

19.4. Once a complaint is received, it will be sent on to the Contractor upon your consent (if your complaint is with your contractor) who will be required to respond within 7-14 days. Callout Hero will strive to assist you in resolving any dispute with the Contractor and will provide you with advice and support throughout.
 

19.5. To consent to a complaint being forwarded to the contractor in question, we would ask for a permission from you in accordance with the Callout Hero Privacy Policy.
 

19.6. Once a complaint is recorded we will hold your complaint for a minimum of 6 years.
 

19.7. If a User provides evidence to make a complaint or another claim against another User, the complaining User can seek compensation. If the complaining User escalates a Claim to CALLOUT HERO, the other User will be given an opportunity to respond. If the responding User agrees to pay, or CALLOUT HERO determines under consideration of any applicable statutory rules on the burden of proof that they are responsible for the Claim, CALLOUT HERO via Payments can collect any sums required to cover the Claim from the responding User and/or against any security deposit.
 

19.8. CALLOUT HERO may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information CALLOUT HERO requests, execute documents, and take further reasonable action, in connection with Claims, Client complaints, claims under insurance policies, or other claims related to your provision or use of Services. You may appeal a decision by CALLOUT HERO by contacting our customer service. Any decisions made by CALLOUT HERO in relation to a Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
 

19.9. For disputes arising between Clients and Contractors, you agree to abide by the dispute process that is explained in our Client Refund Policy and in this section and on our Platform. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that CALLOUT HERO will not and is not obligated to provide any dispute assistance beyond what is provided in these terms.
 

20.CALLOUT HERO’s role

20.1. CALLOUT HERO offers a platform that enables Contractors, Members and other Users to publish, offer, search for, and book Services. When Users make or accept a booking, they are entering into a contract directly with each other. CALLOUT HERO is not and does not become a party to or other participant in any contractual relationship between the Users.
 

20.2. For the avoidance of doubt, CALLOUT HERO is not acting as an agent for any Member, Contractor or User except for where CALLOUT HERO has expressly stated so.
 

20.3. You hereby acknowledge that CALLOUT HERO has no general obligation to monitor the use of the CALLOUT HERO Platform and verify information provided by our Members, Contractors and Users, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a User and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users or third parties, or (iii) contravene applicable laws.
 

20.4. You may appeal such a decision by contacting our customer service. Users agree to cooperate with and assist CALLOUT HERO in good faith, and to provide CALLOUT HERO with such information and take such actions as may be reasonably requested by CALLOUT HERO with respect to any investigation undertaken by CALLOUT HERO regarding the use or abuse of the Platform.

21. DISCLAIMER

21.1. We make an effort to ensure the Contractors whose details we provide are legitimate, reputable and have appropriate qualifications, membership to and/or approval of trade related bodies organisations and associations and that the information we had is accurate, the information is compiled from details supplied to us from the Contractors and we cannot be held responsible for any errors or inaccuracies in such information or for the suitability or quality of any services or goods supplied to Clients through our Service.
 

21.2. We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Client, Contractor or third party and we do not warrant that verification, identity or background checks conducted on Members and Users (if any) will identify past misconduct or prevent future misconduct.
 

22. Indemnification

22.1. To the maximum extent permitted by applicable law, you agree to release, defend (at our option), indemnify, and hold CALLOUT HERO (including other affiliates and personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Platform, (iii) your interaction with any User, participation in a Service or other service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
 

22.2. Contractors agree to indemnify us, on demand, against all losses, liabilities, amounts paid in settlement, costs and expenses suffered or incurred by us as a result of any claim arising out of or in connection with:

22.2.1. any Service Contractors provide (or fail to provide);

22.2.2. any use Contractors make of the Platform.
 

22.3. This indemnity will survive termination or closure of Contractor (s)' account for whatever reason.
 

23.Warranties

23.1. CALLOUT HERO make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding CALLOUT HERO, the information contained on the Platform, your Personal information or material and information transmitted over the system.
 

23.2. You are responsible for obtaining access to the Services provided by CALLOUT HERO and agree that access to these services may involve third-party fees (including by not limited to Internet service provider or airtime charges). You agree to be responsible for those fees and will not hold CALLOUT HERO liable for any disputes which may arise with third parties whether or not referred to by CALLOUT HERO.
 

23.3. CALLOUT HERO Platform and its contents are provided on an “as is” and “as available” basis. This means that the CALLOUT HERO does not make any promises in respect of the quality, completeness or accuracy of the information published on or linked to from the Platform.
 

23.4. To the fullest extent allowed by applicable law, the Platform disclaims all warranties, representations, conditions and duties of any kind, including without limitation, any warranties of satisfactory quality, merchantability or of fitness for a particular purpose.