Terms of Use

 

These Terms of Use and the other documents included by reference, detail how you are authorised to use Acclaim. You're agreeing to be bound by these if you access any part of or use Acclaim in any way.

Acclaim means this website and other websites AcclaimWorks Limited operates and the services we provide through them for ourselves, or for our clients. Acclaim and the functionality available are subject to change and revision at any time.

We may from time to time revise these Terms of Use. Your continued access to Acclaim will be conditional on your agreement to the revised Terms of Use.

INFORMATION ABOUT US

AcclaimWorks Limited is a limited liability company registered in England and Wales under company number 3913523 and have our registered office at Mission Hall, West Sussex, RH14 0NS, United Kingdom.

ACCEPTABLE USE

You may only use Acclaim for lawful purposes and in accordance with these Terms of Use and in compliance with all applicable national and international laws and regulations.

You must not

  • Do anything that contravenes our Content Standards

  • License, sub-license, sell or resell any part of or the functionality Acclaim provides to any third party

  • Reverse engineer or access Acclaim in order to copy features or functionality or build a competitive product or service

  • Attempt to gain any unauthorised access to Acclaim, connected systems or services, or

  • User Accounts Use our trademarks or intellectual property without permission, or embed Acclaim (or any part of) in websites or electronic or print media

CONTENT STANDARDS

The following Content Standards apply to any images, video, audio, documents, text, commentary or links (Content) you send, upload, enter or generate using Acclaim.

Content must be accurate (where it states facts) and genuinely held (where it states opinions) and cannot be anonymously contributed.

Content must not

  • Contain any material which is defamatory or unlawful

  • Regardless of applicable domestic laws, promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age

  • Infringe any copyright or trade mark of any other person or organisation

  • Be likely to deceive any person or organisation

  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence

  • Be threatening or abusive, invade another’s privacy, or cause annoyance, inconvenience or needless anxiety

  • Be used to impersonate any person, or to misrepresent your identity, expertise, or association with any person or organisation.

If we think it appropriate we will disclose your identity to any third party who claims that your Content constitutes a violation of their intellectual property rights or of their right to privacy.

ACCESS

Access to Acclaim is permitted on a temporary basis. There may be times when Acclaim (or parts of it) aren't available. Some Acclaim functionality will only be available to you if you have a User Account and an Account Affiliation.

USER ACCOUNT

You have a User Account if you have an Acclaim ID.

Setting up and operating a User Account requires an email address that is yours to use. A Username (which is your Acclaim ID), a Password and your First and Last names. Some Account Affiliations may require additional information about you for the operation of the service. All of this information is your Personal Information. It must be true and accurate and kept current.

Your User Account is for your exclusive and personal use. It is not be used by any other person.

You agree to immediately notify Acclaim of any unauthorised use of your User Account, or any other User Account, which you know about. This can be done sending an email message to our support desk.

ACCOUNT AFFILIATION

An Account Affiliation is established with AcclaimWorks Limited or one of our Clients by registration, invitation or a request made by you through Acclaim that has been authorised.

PERSONAL INFORMATION & CONFIDENTIALITY

How we can use your Personal Information is set out in our Privacy Policy.

Your Account Affiliations may, depending on the level of access granted by our Client, give you access to some of another person’s Personal Information and information of a confidential nature.

Confidential Information is information that if disclosed would compromise any person or organisation's use of our services or their business activities.

You're never to disclose any of another person's Personal Information to any other person or organisation, unless you're required to do so by law, or explicit permission exists to do so through their use of Acclaim, and then only in accordance with our Privacy Policy.

You must at all times keep Confidential Information confidential and in no way assist or be a party to the unauthorised disclosure of Confidential Information.

We monitor and record the use of Acclaim and will willingly provide this Operational Data and co-operate in the prosecution of any person or organisation for any unauthorised disclosure of, or use of, Personal or Confidential Information.

SUSPENSION & TERMINATION

We reserve the right to suspend or terminate some or all of your access to Acclaim without notice if, in our sole discretion, you're in breach of these Terms of Use.

If we do this we may, at our sole discretion, remove or delete your Content. We may also disclose your Content and your Personal Information to law enforcement authorities as we feel is reasonably necessary.

DISCLAIMERS AND LIMITATION OF LIABILITY

ACCESS TO ACCLAIM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCLAIMWORKS LIMITED AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, AVAILABILITY, COMPLETENESS, QUALITY, SUITABILITY, TIMELINESS, OR RELIABILITY OF ACCLAIM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACCLAIMWORKS LIMITED AND ITS LICENSORS EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES, REPRESENTATIONS, LIABILITIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH ACCLAIM INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT;.

ACCLAIMWORKS LIMITED AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION THAT (I) THE USE OF ACCLAIM WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE OR WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (II) ANY DATA STORED WILL BE ACCURATE OR RELIABLE ; (III) ACCLAIM WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ACCLAIM WILL BE ACCURATE, COMPLETE OR RELIABLE; (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ACCLAIM WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (VI) ERRORS OR DEFECTS IN ACCLAIM WILL BE CORRECTED.

ALTHOUGH ACCLAIMWORKS LIMITED ENDEAVOURS TO ENSURE THAT ACCLAIM IS ACCURATE AND UP TO DATE, ACCLAIMWORKS LIMITED DOES NOT WARRANT THAT ACCLAIM IS ACCURATE, RELIABLE OR UP TO DATE.

ACCLAIMWORKS LIMITED DOES NOT WARRANT THAT ACCLAIM WILL BE CONTINUOUSLY AVAILABLE OR THAT YOUR USE OF ACCLAIM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ACCLAIM WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACCLAIMWORKS LIMITED OR THROUGH OR FROM ACCLAIM SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION.

YOU SPECIFICALLY AGREE THAT ACCLAIMWORKS LIMITED SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR CONTENT OR PERSONAL INFORMATION, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU SPECIFICALLY AGREE THAT ACCLAIMWORKS LIMITED AND ITS LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL ACCLAIMWORKS LIMITED OR ITS LICENSORS BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) MISREPRESENTATION OR OTHERWISE FOR LOSS OF PROFIT, GOODWILL, USE, BUSINESS, DATA, REVENUE OR ANTICIPATED SAVINGS OR ANY THIRD PARTY CLAIMS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGE (EVEN IF ACCLAIMWORKS LIMITED OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ACCLAIM OR ANY DELAYS IN THE PROVISION OF INFORMATION OR ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF USING ACCLAIM.

ACCLAIMWORKS LIMITED AND ITS LICENSORS SHALL NOT BE LIABLE IN CONTRACT, TORT OR OTHERWISE AND IRRESPECTIVE OF NEGLIGENCE OF ACCLAIMWORKS LIMITED OR ITS LICENSORS FOR ANY REPRESENTATIONS, ADVICE OR ASSISTANCE GIVEN BY OR ON BEHALF OF ACCLAIMWORKS LIMITED IN CONNECTION WITH ACCLAIM UNLESS AND THEN ONLY TO THE EXTENT THAT ACCLAIMWORKS LIMITED HAS MADE SUCH REPRESENTATIONS AND/OR AGREED TO PROVIDE SUCH ADVICE OR ASSISTANCE FOR A FEE UNDER A SEPARATE WRITTEN AGREEMENT WITH ACCLAIMWORKS LIMITED.

NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR RESTRICT THE LIABILITY OF ACCLAIMWORKS LIMITED OR ITS LICENSORS FOR DEATH OR PERSONAL INJURY CAUSED BY ACCLAIMWORKS LIMITED'S OR ITS LICENSORS’ NEGLIGENCE OR FRAUDULENT MISREPRESENTATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

INDEMNITY

You agree to indemnify and hold AcclaimWorks Limited, its licensors and their subsidiaries, affiliates, officers, directors, employees and agents harmless from and against any and all action, demand, liability, cost, claim, loss, damage, proceeding or expense (including legal fees and costs) arising out of or in connection with your use of Acclaim, any breach of these Terms of Use and any breach of our copyright, trademarks and other intellectual property rights.

GENERAL

If any provision of the Terms of Use is held to be invalid, illegal or unenforceable in whole or in part such provision or part shall to that extent be deemed not to form part of the Terms of Use but the validity, legality and enforceability of the remaining provisions of the Terms of Use shall not be affected.

Any failure by AcclaimWorks Limited to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

GOVERNING LAW

These Terms of Use are governed by English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts in relation to any claim arising from, or related to, the access to or use of Acclaim although we retain the right to bring proceedings against you for breach of the Terms of Use in your country of residence or any other relevant country.