HollaNow Terms of Service
These Terms of Service (“ Terms “) govern your use of HollaNow’s software (“ Software “) and
services (both shall be regarded as the “ Service “) available on the Internet and in the cellular media.
These Terms constitute a legal agreement between you, either an individual or a single entity (“ you
or “ User “) and HollaNow Technologies (“ HollaNow “, “ we ”, “ our ”, or “ company “), the owner of all
rights and title in and to the Service.
By downloading, connecting to, accessing, activating or using the service, you accept and
agree to be bound by these terms and the Privacy Policy terms, enclosed by reference to the
terms, and you agree to be bound by them and to comply with all applicable laws and
regulations regarding your conduct on the service. If you do not agree to any of the terms –
you are not allowed to download, connect to, access, activate or use the service and are
obliged to uninstall or erase the software from your mobile device.
1) The Service
HollaNow app is a smart phonebook that enhances search by giving its users a wider range of
search for contact details they urgently need. The Service helps users find contact detail of friends,
businesses, service providers and organizations that have signed up for the service. Therefore you
expressly agree that the information(s) provided by you in process of using the HollaNow service are
open to public usage.
HollaNow’s intent is to help connect people, either for providing urgent/emergency services or
connecting old/new friends, therefore HollaNow does not take responsibility for ‘irritating’,
‘dishonest’, ‘phony’ calls that doesn’t mean well for our users. Meanwhile ‘report’ and ‘hide contact’
features are available to check these ills.
HollaNow is not a third party to any transaction, agreement, negotiation or service fees done by its
users in the course of using our service for business needs.
The information provided by the service may be incomplete, inaccurate or outdated. HollaNow does
not endorse any responsibility of checking accuracy with respect to information(s) provided by its
users.
To transmit and receive updates on real-time to and from the service, the service requires an online
connection of your mobile device to the internet (namely, Wi-Fi or 3G). All costs of such connection
are at your expense, as dictated by your communication service provider (cellular company) and in
accordance with its applicable payment terms.
Every calls made from the HollaNow app are not dictated or charged by us, rather by your
communication service provider (cellular company) and in accordance with its applicable payment
terms.
2) Prohibitions
There are certain conducts which are strictly prohibited with respect to the Software and the Service.
Please read the following restrictions carefully. Your failure to comply with the provisions set forth
herein may result in the termination of your Software license and/or your access and use of the
Service and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf :
1. Use the Service for any illegal, unlawful or unauthorized purposes;
2. Distribute, resell or offer the Service for rent or lease or offer it to the public in any manner or
integrate the Service within a service of your own, without the prior written consent of HollaNow;
3. Use the Service in any form of spam, unsolicited mail or similar conduct;
4. Copy, reproduce, print, save, adapt or otherwise use HollaNow Database except as expressly
authorized under the Terms; this clause does not limit the use of the Database as intended by
the Software and for the purposes of private and personal use of the Service;
5. Interfere with or violate other Users’ or third parties’ (including your Contacts’) rights to privacy
and other rights, or harvest, scrap, data mine, screen scrap, data aggregate, index or collect data
and information about other Users or third parties without their consent, whether manually or
automatically with the use of any robot, spider, crawler, any search or retrieval application, or use
other automatic device, process or method to access the Service and retrieve, index and/or data-
mine any information, without the express written permission of HollaNow;
6. Infringe any proprietary rights or Intellectual Property rights of HollaNow or any third parties,
including without limitation copyrights, trademarks, designs, patents and trade secrets, whether
such intellectual property is registered or not;
7. Violate or infringe any other rights of HollaNow or any third party;
8. Interfere with or disrupt the operation of the Service or the servers or networks that host the
Service, or disobey any laws or regulations or requirements, procedures, policies, or regulations
of such servers or networks;
9. Transmit, distribute, display or otherwise make available through or in connection with the
Service any content, which may infringe third party rights, including Intellectual Property rights
and privacy rights, or which may contain any unlawful content;
10. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or
disproportionately large load on our platform infrastructure;
11. Bypass any measures we may use to prevent or restrict access to the Service;
12. Access, or attempt to access, the Software other than through the interface that is provided by
HollaNow, unless you have been specifically allowed to do so in a separate agreement with
HollaNow.
3) Registration for our Service
Use of the Service requires registration. In order to become a registered User of the Service, you will
be asked to provide us with several details about yourself. The details we need in order to enroll you,
consists of, among others, your full name, a preferred username, telephone number, active email
address and a personal access password. You must provide full, accurate and truthful information.
Providing wrongful or erroneous information might prevent you from using the Service and might
prevent HollaNow’s ability to help your potential clients/customers and new/old friends reach you.
The information you provide during registration will be stored on HollaNow’s Database. We will not
use it in any manner inconsistent with the Privacy Policy.
4) Bills and fee
For most of the users, the “HollaNow Service” is free. However, HollaNow Optimization Service
permits corporate bodies and businesses with intention to attain wider reach of users for their
contact usage to choose their preferable option of enhancing user search and would therefore be
required to make payment in accordance to their preferred option. After finalizing payment, contact
optimization starts immediately and would last for the time frame chosen by the body/business.
We reserve the right to modify, change, interrupt or terminate the Service or release the Service of
different contents and versions, from time to time and with reasons. You also agree that we are
entitled to set different pricing policies depending on the changed or different contents/versions of
the Service after the public announcement (including but not limited to, increase or raise in the
charges). You acknowledge and agree that unless otherwise published by the Company, your
continuous access to the original services or added services after we publish the change of the
pricing policies (irrelevant with increase or raise in the charges for the original services or re-
enactment of the pricing policies with respected to the added services) shall constitute your
agreement to the pricing policies published by us and to pay the service fees as agreed to us.
For the applicable fees and other charges potentially incurred by your use of the “Website” and
“HollaNow Service”, your initial use of the same shall constitute your consent to pay the fees in
whole. Unless otherwise provided in the Term of Service herein or the ”Company” charge policy, all
of the fees you already paid will be non-refundable, and also non-transferrable to any other phone
numbers .
If you fail to pay the “HollaNow Service” fees timely, or it is impossible for the “HollaNow Service” to
access the information provided by you to process your transactions, the ”Company” may reserve
the right, at its sole discretion, to suspend you from accessing the paid “HollaNow Services
5) License Term
The License is effective upon the installation of the Software and shall remain in full force and effect
for so long as you use the Software in accordance with this Agreement. Without prejudice to any
other rights, HollaNow may terminate this Agreement upon the breach of any term hereof by you or
on your behalf. Upon such termination by HollaNow, you agree to immediately uninstall or erase the
Software from your computer.
6) Termination of Use of the Service
You may terminate your use of the Service at any time and for any reason. You do not need to notify
HollaNow of such termination. At any time, HollaNow may block your access to the Service, for any
reason, at its sole discretion. Such action by HollaNow may be taken if the HollaNow deems that you
have breached any of these Terms and/or our in any manner.
Additionally, HollaNow may at any times, at its sole discretion, cease the operation of the Service or
any part thereof, temporarily or permanently, without giving any prior notice. You agree and
acknowledge that HollaNow does not assume any responsibility with respect to, or in connection
with the termination of Service’s operation and loss of any data, as a result.
7) HollaNow Property Rights
The Service (including the Software) and the Intellectual Property rights pertaining thereto, including,
but not limited to, inventions, patents and patent applications, trademarks, trade names, logos,
copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service
or any of the Software features), specifications, methods, procedures, algorithms, data, technical
data, interactive features or activities, source and object code, files, interface, GUI and trade secrets,
whether or not registered, and all copies, revisions, modifications, updates and/or upgrades thereto,
including all derivative works thereof, whether made by HollaNow, or on behalf of HollaNow
(collectively, “ Intellectual Property “), are and shall remain the sole and exclusive property of
HollaNow Technologies and subject to copyright and other applicable intellectual property rights
under national laws, foreign laws and international conventions. Unless expressly permitted in these
Terms, you may not copy, distribute, display, execute publicly, make available to the public, reduce
to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use,
sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or
create derivative works of any material that is subject to HollaNow’s proprietary rights, either by
yourself or by anyone on your behalf, in any way or by any means.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and
signs indicating proprietary rights of HollaNow contained in or accompanying the Software or the
content included in the Service, and you represent and warrant that you will abide by all applicable
laws in this respect. You are further prohibited from using, diluting or staining any name, mark or
logo that is identical, or confusingly similar to any of HollaNow’s marks and logos, whether registered
or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and
you agree that no such right, license, or interest shall be asserted by you with respect to such
trademarks and/or trade names. Third-party trademarks, product names and brands which may
appear in the Service are the property of their respective owners, including all goodwill associated
with such trademarks and product names.
8) HollaNow Applications
According to the Term of Service herein, the ”Company” agrees to grant you a non-exclusive and
non-transferrable license to run the “HollaNow Applications” on the mobile phone which you are
approved to own and use, in order to enable you to use the “HollaNow Service”. Said license does
not grant you the right to install and use the “HollaNow Applications” on any mobile phone which is
not owned by you or licensed to you. The Company” shall reserve the rights in the “HollaNow
Applications” which are not expressly granted to you under the Term of Service. For the purpose of
the Term of Service herein, the duplicate of the “HollaNow Applications” used by you has been
licensed by the ”Company”, provided that you shall not sell, transfer, or use for any commercial
purposes, the duplicate. You own the mobile phone in which the “HollaNow Applications” are
downloaded. Notwithstanding, the ownership of the duplicate of “HollaNow Applications” shall still
remain vested in the ”Company”, including any intellectual property rights therein.
You acknowledge that the “Company” is entitled to develop and release any upgrades of the
“HollaNow Applications” and to update the applications automatically or in electronic form. These
updates are designed to improve, enhance and further develop the Service and the Software
features and may take the form of bug fixes, enhanced functions, new actions and completely new
versions of the Software. You acknowledge and agree to receive such updates from HollaNow and
hereby permit HollaNow to deliver these updates to you and install them automatically on your
mobile device, as part of your use of the Service
9) Links to Third Party Services
The Service may contain links to third party Services (“ Third Party Sites ”), whether such links have
been suggested by HollaNow or not. You hereby acknowledge that HollaNow has no control over
such Third Party Sites, and you further acknowledge and agree that HollaNow is not responsible for
the availability of Third Party Sites, and does not endorse and is not responsible or liable for any
services, content, advertisements, products, or any materials available on such Third Party Sites.
You further acknowledge and agree that HollaNow shall not be responsible or liable, directly or
indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection
with use of or reliance on any services, content, products or other materials available on or through
any Third Party Sites. Most Third Party Sites provide legal documents, including terms of use and
privacy policy, governing the use of such sites. It is always a good idea to read such documents
carefully before using those sites.
10) Feedback
The ”Company” encourages the “Member” to evaluate and test the “Website”, “HollaNow Contents”
and “HollaNow Service”, and to provide the ”Company” with any feedback, comment and
suggestion. You irrevocably grant the ”Company” a non-exclusive, sub-licensable, royalty-free and
permanent license to produce, use, sell, reproduce, modify, issue and run the feedback, comment
and suggestion provided by you. Pursuant to the “Service Term of Service”, no right or approval in
the “Website”, “HollaNow Contents” and “HollaNow Service” will be granted to you by said license
11) Advertisements Policy
HollaNow may integrate commercials, advertisements and/or sponsored links, whether within or
beside the Service. By clicking the advertisements you may be transferred to a service of an
advertiser or receive any other content, messages, information or offers from the advertiser and from
others. All the information contained in such commercials and advertisements belongs solely to the
advertisers and HollaNow makes no warranties or representations as to such advertisements and
their content, whether or not HollaNow has control over such advertisements. You acknowledge that
your use of the Service, in this respect as well in others, is at your own risk.
HollaNow reserves the right at any time to remove such advertisements and accompanying content.
HollaNow, advertisers and/or third-parties related thereto may be entitled to certain shares of the
earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is
or shall be granted to you in any way with respect to any revenue share whatsoever in relation
thereto, whether as a paying User or not.
12) Amendments to Terms
HollaNow may change the Terms from time to time, including the Privacy Policy or any other policies
incorporated thereto. Substantial changes will be first notified at the Service’s homepage. In the
event that the Terms should be amended to comply with any legal requirements, the amendments
may take effect even immediately, or as required by the law and without any prior notice.
You hereby agree and acknowledge to accept any and to be bound by any of the changes made in
the Terms and the accompanying policies. Should you continue to use Service after the changes
were made, it will indicate your acceptance to the new Terms. You are recommended to review the
Terms from time to time, as they may change every once in a while.
13) Changes to the Service or Software
HollaNow may change the Service’s layout and design and the availability of the content and
functions included therein or may change the Software form, features or nature, from time to time,
without giving you any prior notice on the Service. HollaNow may also cease or discontinue
providing the Software or support and/or upgrades for the Software at any time. You hereby agree
and acknowledge that HollaNow is not responsible for any errors or malfunctions that may occur in
connection with the performing of such changes.
14) DISCLAIMER OF WARRANTIES
THE ”COMPANY” WILL USE THE CONTENTS OF THE “WEBSITE”, “HOLLANOW CONTENTS”
AND “HOLLANOW SERVICE” AS “IT IS”, WITHOUT ANY EXPRESS OR IMPLICIT WARRANTIES
OR CONDITIONS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU SHALL USE
THE “WEBSITE”, “HOLLANOW CONTENTS” AND “HOLLANOW SERVICE” OR “USER DATA” AT
YOUR OWN RISK, INCLUDING SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND
EFFORT THEREOF. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY DISCLAIM ANY
WARRANTIES OF THE ”COMPANY” TOWARDS THE MERCHANTABILITY OR FITNESS,
ACCURACY, NON-INTERRUPTION OR NON-INFRINGEMENT OF THE “WEBSITE”, “HOLLANOW
CONTENTS” AND “HOLLANOW SERVICE” OR “USER DATA”, AND ALSO ANY WARRANTIES
AND CONDITIONS OF THE ”COMPANY” TOWARDS THE PROCESS OR PURPOSE OF
TRANSACTIONS.
THE ”COMPANY” WILL NOT MAKE ANY WARRANTIES TOWARDS NON-INTERRUPTION OF
THE “WEBSITE”, “HOLLANOW CONTENTS” AND “HOLLANOW SERVICE”, OR THE
COMPLIANCE OF THE “WEBSITE”, “HOLLANOW CONTENTS” AND “HOLLANOW SERVICE” OR
“USER DATA” WITH YOUR REQUIREMENTS, OR A NON-INTERRUPTED, SAFE OR ERROR-
FREE SERVICE ENVIRONMENT, AND RECTIFICATION OF RELEVANT DEFECTS.
THE ”COMPANY” ALSO MAKES NO WARRANTIES TOWARDS THE QUALITY OF ANY
PRODUCT, SERVICE OR DATA ACCESSED VIA THE “WEBSITE”, “HOLLANOW CONTENTS”
AND “HOLLANOW SERVICE”, OR ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS
OR RELIABILITY OF ANY DATA ACCESSED VIA THE “WEBSITE”, “HOLLANOW CONTENTS”
AND “HOLLANOW SERVICE” OR “USER DATA”.
UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, ANY SUGGESTIONS OR DATA,
VERBAL OR WRITTEN, ACCESSED BY YOU FROM THE ”COMPANY” OR VIA THE “WEBSITE”,
“HOLLANOW CONTENTS” AND “HOLLANOW SERVICE” OR “USER DATA” WILL NOT
CONSTITUTE ANY WARRANTIES. IF THE SERVICE IS PROVEN TO BE DEFECTIVE, YOU
SHALL BEAR ALL EXPENSES RELATED TO THE MAINTENANCE, REPAIRING OR
CORRECTION AS REQUIRED.
15) LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE ”COMPANY” WILL NOT BE LIABLE
FOR ANY PERSONAL INJURY, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF DATA,
INTERRUPTION OF BUSINESS OR OTHER BUSINESS IMPAIRMENT OR LOSS CAUSED BY
YOUR ACCESS TO OR FAILURE TO ACCESS THE “HOLLANOW APPLICATIONS”, OR THE
SAME CAUSED BY YOUR LOGIN/ACCESS TO OR FAILURE TO ACCESS/LOG IN THE
“WEBSITE”, “HOLLANOW CONTENTS” AND “HOLLANOW SERVICE” , IRRELEVANT WITH
WHETHER IT IS BASED GUARANTEE, CONTRACT, TORT OR ANY OTHER LEGAL
REQUIREMENTS, OR WHETHER THE ”COMPANY” HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH INJURY OR DAMAGES.
YOU ACKNOWLEDGE THAT THE ”COMPANY” SHALL NOT BE LIABLE FOR THE FOLLOWING
DAMAGES: (1) ANOTHER MEMBER’S OR A THIRD PARTY’S LIBELOUS, OFFENSIVE OR
ILLEGAL ACTIVITY, AND ANY DAMAGES CAUSED THEREFROM SHALL BE BORNE BY YOU;
(2) ANY THIRD PARTY’S CONTENTS UPLOADED TO OR DOWNLOADED FROM THE
“WEBSITE”, OR VIA THE “HOLLANOW SERVICE”; (3) ANY DAMAGES CAUSED BY THE
ACCESS TO YOUR “CALLER ID”; OR (4) ANY DISPUTE OR EFFECT ARISING BETWEEN YOU
AND A THIRD PARTY FROM YOUR ACCESS TO THE “WEBSITE”, “HOLLANOW CONTENTS”
AND “HOLLANOW SERVICE”.
YOU AGREE THAT THE DAMAGES ARISING FROM YOUR ACCESS TO THE “WEBSITE”,
“HOLLANOW CONTENTS” AND “HOLLANOW SERVICE” OR “USER DATA”, IF ANY,
PAYABLE BY THE ”COMPANY” TO YOU PURSUANT TO THE “SERVICE TERM OF SERVICE”
OR LAWS SHALL BE APPLICABLE ONLY WHEN THE DAMAGES ARE CAUSED BY THE
“WEBSITE”, “HOLLANOW CONTENTS” AND “HOLLANOW SERVICE INTENTIONALLY OR
NEGLIGENTLY, OR ANY PAYMENT ALREADY MADE BY YOU TO THE ”COMPANY” FOR THE
ACCESS TO THE “WEBSITE”, “HOLLANOW CONTENTS” AND “HOLLANOW SERVICE” IN
THE MONTH OF OCCURRENCE OF THE DAMAGES. THE REQUIREMENT ABOUT SAID
DAMAGES LIMIT SHALL BE THE FUNDAMENTAL ELEMENT CONSTITUTING THE
CONTRACT/SERVICE RELATIONSHIP BETWEEN YOU AND THE ”COMPANY”.
16) Indemnification
You agree to defend, indemnify and hold harmless HollaNow, its officers, directors, employees and
agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts,
and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Service;
(ii) your violation of any term of these Terms; (iii) your violation of any third party right, including
without limitation any Intellectual Property right, property right and/or privacy right; and (iv) any
damage of any sort, whether direct, indirect, special or consequential, you may cause to any third
party with relation to the Service. This indemnification obligation will survive the termination of this
Agreement.
17) Governing Law and Jurisdiction
The Terms shall be construed and governed in accordance with the laws of the Federal Republic of
Nigeria, regardless of its conflict of laws rules. The competent courts of the Nigerian states shall
have sole and exclusive jurisdiction over any dispute under the Terms or otherwise related to the
Service.
18) Waiver
The ”Company” failure to exercise or enforce any right or interest required under the “Service Term
of Service” shall not constitute its waiver to such right or interest.
19) Entire agreement
The “Service Term of Service” shall constitute the entire agreement between you and the ”Company”
with respect to the “Website”, “HollaNow Contents” and “HollaNow app”, and shall supersede any
prior agreement between you and the ”Company” with respect to the same.
20) Contact Information
All requests for further information should be directed to: admin@hollanow.com