Terms and Conditions - Acclaimed Casting
AcclaimedCasting’s Terms and Conditions
Note: Please do not post jobs or apply for jobs on AcclaimedCasting if you do not want to be bound by the following terms and conditions as they are non-negotiable.
'we'; 'us'; and 'our'; means AcclaimedCasting.
'Candidate'; 'You' and 'Your' means any person utilising our platform to search for jobs or to be scouted by an employer.
'Employer'; 'You' and 'Your' refers to any person, company or organisation using AcclaimedCasting to employ any persons advertised on the website.
1 General Terms
1.1 The profiles, services and information readily available to users of AcclaimedCasting are solely provided for the use of individuals seeking work and for employers to hire such individuals. Information may be used, printed and downloaded for the sole purpose they are provided for and for no other personal or commercial reasons. Information from AcclaimedCasting’s platforms may not be distributed to third parties.
1.2 All copyright, intellectual property rights and available information on this website belongs to AcclaimedCasting and your use of this website does not give rise to any proprietary rights in these materials. By using AcclaimedCasting you agree not to use our materials for prohibited purposes unless granted authority by AcclaimedCasting to do so.
1.3 Your use of AcclaimedCasting as an individual seeking work or employer will grant you access, use and interaction on our website subject to our terms and conditions stated. Any party using our services for any purpose that is not above stated will be penalised at our discretion.
1.4 Despite our best efforts in ensuring a consistently fully functional website, AcclaimedCasting does not accept any responsibility for consequences as a result of delays or interruptions. We are also entitled to change the spec or design of the website at any given time. In addition, AcclaimedCasting, all employers and people otherwise involved in the business are excluded from any liability arising from any loss incurred due to your use or inability to use the website or services provided by us, either by default of the site or any virus or destructive materials incurred through use of the website.
1.5 Employers and individuals seeking talent should note that AcclaimedCasting does not introduce or supply work to one another. We simply provide a platform by which parties can scout employees or apply for listings. Candidates should assess their own suitability for roles they apply for. Employers are to ensure a potential employees suitability for the proposed work under statutory obligations set out in The Conduct of Employment Agencies and Employment Business Regulations 2003.
1.6 By using AcclaimedCasting, you agree that you will not use the website or services to broadcast, knowingly or recklessly receive, or knowingly or recklessly allow other persons to receive any material that is:
(iii) Discriminatory (including any racist, sexist, homophobic or anything else discriminatory in nature)
(vii) In breach of confidence
(viii) In breach of copyright or intellectual property rights
(ix) Containing any virus that may harm AcclaimedCasting’s systems or a third parties computing system
(x) In any way violating any relevant law, regulation or code.
1.7 All information, data and material provided by AcclaimedCasting including all listings are made available for guidance only. Other than the extent required by law, no representations, warranties or terms of any kind are made respective of the website, services and their content. We make no representations or warranties relating to the accuracy or suitability or job listings and profiles listed by users of AcclaimedCasting. Information provided may contain technical or typographical errors and use of it is solely at your own risk. AcclaimedCasting, its directors, employers or other such representatives will not be held liable for any loss or suffering that results from such errors excluding what is permitted by law.
1.8 No terms and conditions stated are intended to limit any legal rights you may have as a consumer under any statute or law with precedent. Such laws will override any terms and conditions excluding our liability relating to any negligence on our part.
1.9 Any third party websites linked on AcclaimedCasting’s website are solely provided for the convenience of our users and are not in any way endorsed by AcclaimedCasting. AcclaimedCasting will not be held responsible for any content on these third party websites and does not make any representation as to the accuracy or suitability of the content of these third party linked websites. Accessing these websites is done at your own risk and AcclaimedCasting takes no responsibility for any content or materials sourced through them. We cannot ensure that all information on third party websites is legal or take any responsibility for this, and your use of our services acknowledges this. We will not limit access to any illegal materials unless notified on the legalities. AcclaimedCasting is not responsible for third party listings on our website but does have the authority and right to remove any listings and posts at any time if we regard them as inappropriate or illegal in any way.
1.10 Your use of AcclaimedCasting entails your agreement to hold AcclaimedCasting and any of its affiliates harmless against any claims, actions or demands, reasonable legal and accounting fees, resulting from
(i) Any content or material you provide to any AcclaimedCasting site,
(ii) Your use of any of AcclaimedCasting’s content,
(iii) Your breach of AcclaimedCasting’s Terms and Conditions.
In any such instance AcclaimedCasting will provide you with reasonable notice of any such claim, suit or legal proceeding.
1.11 All Terms and Conditions stated will be in full effect while you are a user of any AcclaimedCasting site or service. AcclaimedCasting has the right, at its own discretion, to pursue all of its own legal remedies. This is not limited to but includes the removal of your content from AcclaimedCasting’s website and termination of your AcclaimedCasting account and access to our material without notice if you are in breach of any of the Terms and Conditions or if we are unable to authenticate any content or information you submit in registration to AcclaimedCasting. AcclaimedCasting holds no liability for any termination, suspended or denied access to our site and services.
1.12 All information provided by you when registering must be complete, true and accurate. By using our services, you agree to notify us of any relevant changes to your registration if they may occur.
1.14 This agreement is personal to registered users of Acclaimedcasting and rights and obligations may not be delegated or transfered in any way to another party without AcclaimedCasting’s written and absolute consent prior to any delegation or transfer.
1.15 AcclaimedCasting has the right to delegate or transfer any of its rights or obligations under these Terms and Conditions to any related company or third party. In the event that this occurs, users will be notified of these changes.
1.16 If any Terms or parts of any Terms are determine unenforceable, invalid or illegal they shall be cut from the remaining terms and conditions which shall continue to be valid and fully enforceable so far as the law allows.
1.17 These Terms and Conditions constitute the entire agreement between AcclaimedCasting and parties using their site and services. AcclaimedCasting has the right to change these Terms and Conditions wherever it sees fit. Such additions or changes to the Terms and Conditions will be subsequently notified on an appropriate platform, not limited to but including a website posting or email notification. Continuing use of the site and services 2 weeks after after changes are made apparent will be deemed to be a sufficient acceptance to the changes made.
1.18 Any notices from us to you, or you to us, shall be sent by email, to the last registered email address, and in our case, our email address stated on the Website, and shall be deemed to have been received two business days after the date they are sent.
1.19 Please note that any calls made may be recorded for staff training purposes.
1.20 This Agreement is governed by the laws of England and Wales and you are hereby subject to the sole jurisdiction of the English courts.
1.21 AcclaimedCasting acts as an agent, AcclaimedCasting is not responsible for the content from different employers/agencies and candidates. Any issues with such job adverts should be dealt with directly with these individuals, not through AcclaimedCasting.
2 Terms Specific to Candidates
2.1 You agree that you are solely responsible for the accuracy of any listing or material you provide on AcclaimedCasting. You may be contacted directly by employers via contact information you have provided to AcclaimedCasting.
2.2 You may be held liable if you are contacted by an employer without the intervention of AcclaimedCasting outside of the parameters of the site.
2.3 We do not guarantee that by subscribing to AcclaimedCasting you will be secured with a job. We simply provide a tool that will enhance your visibility to potential future employers.
2.4 Despite our efforts we cannot guarantee that all information provided by candidates is accurate and true. In the instance of untrue information being submitted by candidates we cannot offer any reparation in such cases.
2.5 The platform provided by AcclaimedCasting does not exclude any candidates for any reasons. It is down to the employers and users of our site and services to ensure they are fully complying with any discrimination laws.
2.6 Our liability for any loss or suffering by you as the result of using this website is limited to your actual direct damages, except in any instances of fraud, and excluded any loss of future earnings, profits or speculative loss. This does not include the extent of death or personal injury due to negligence on our part, as required by law.
2.7 You accept that you have no ownership rights in your account and if at any time you cancel your account or it is terminated, all information and material you have provided will be deleted from AcclaimedCasting’s database within a reasonable period of time.
2.8 AcclaimedCasting reserves the precedent to delete your account and account information after a substantial length of inactivity, or if you breach any of these Terms.
2.9 Any personal details you provide to AcclaimedCasting are held in accordance with Data Protection Registration. You agree that any information provided to AcclaimedCasting can be used to better our service for you, to request any payment, and you confirm that this does not breach any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
2.10 By using our website and services, you agree to pay your monthly membership promptly and failure to do so may result in the cancellation of your account. AcclaimedCasting may also pursue legal actions in such an event.
2.11 Upon our receipt of your registration, you agree to these Terms and will subsequently be granted access to our database within the premise of these Terms, subject on receiving payment.
3 Terms Specific to Employers
3.1 Upon our receipt of your registration, you agree to these Terms and will subsequently be granted access to our database within the premise of these Terms.
3.2 You agree that all information provided to us by you is true, correct, accurate and complete. You agree to notify us of any changes to any information provided if relevant to your job postings and access to potential employees. If at any time information you provide us in inaccurate, untrue, incomplete or incorrect, or you are in breach of any of these Terms then we reserve the right to terminate your access to our site and services.
3.3 Despite our efforts we cannot guarantee that all information provided by candidates is accurate and true. In the instance of untrue information being submitted by candidates we cannot offer any reparation in such cases.
3.4 You agree not to disclose any information provided by any Candidates to any third parties, or any persons or bodies not directly related to the employment of the individual.
3.5 You agree to consistently and constantly comply with current data protection legislation at all times. You will in no way cause AcclaimedCasting to be in breach of such legislation.
3.6 Any personal details you provide to AcclaimedCasting are held in accordance with Data Protection Registration. You agree that any information provided to AcclaimedCasting can be used to better our service for you, and you confirm that this does not breach any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
3.7 Downloading or scalping our database of professionals and companies, in any way, for any reason other than recruitment for current, live job posts or applications is prohibited and will result in the immediate withdrawal of your account with no notice period. Downloading using any software other than a browser is also prohibited and will result in the immediate withdrawal of your account with no notice period. It is within our right to take legal action against you in such instances.
3.8 Contacting candidate by any means, including email, for any reasons other than recruitment is prohibited.
3.9 The AcclaimedCasting’s Database will be used by you in accordance to all these Terms and Conditions, any contract you enter with AcclaimedCasting, and any relevant privacy and data protection laws. You agree not to disclose any data from AcclaimedCasting’s database to any third party unless you are authorised to do so by AcclaimedCasting.
3.10 You agree to deal with all applications without discrimination in a professional manner. You agree to indemnify AcclaimedCasting against any claim brought by an individual against AcclaimedCasting or yourself due to a breach of this term or any other Terms or Conditions.
3.11 AcclaimedCasting cannot guarantee any responses to your job listings, only that they will be posted on the same platform as other listings for candidates to view and apply for if they so wish.
3.12 You agree that any job listing posed not in accordance with our content and format requirements may, at AcclaimedCasting’s discretion, be removed from the website.
4 Terms and Conditions of Payment
4.1 Unless an alternative arrangement is agreed in writing, you agree to pay the entire balance of your membership to AcclaimedCasting before you can begin using our services.
4.2 All payments will be made via our online payment system. In the event of failure to pay, AcclaimedCasting have the right to cancel your membership and account with immediate effect. Legal actions may also be pursued.
4.3 All prices agreed are in pounds sterling.
4.4 At any time AcclaimedCasting may alter their prices for membership. These changes will not come into effect until after your fixed term, and you may terminate the agreement at the end of your fixed term.
4.5 Monthly payments may be agreed as Direct Debits. If so, the money will be debited monthly by Debit FInance. If any payments are missed then the balance must be immediately settled, and all services and account privileges will be suspended until the balance is paid. If two or more payments are missed then AcclaimedCasting reserves the right to remove your account from the website and all Direct Debits in the future will be cancelled. AcclaimedCasting has the right to pursue unpaid Direct Debits in a court of law.
4.6 AcclaimedCasting reserves the right to terminate your payment agreement and enforce payment on all outstanding accounts if any of the following events occur:
i Your failure to pay us any amount owed to AcclaimedCasting
ii You are an individual who has been declared bankrupt,
iii You are in breach of these terms and conditions and have no remedied such breach within the given time frame granted in notice of your breach,
4.7 Any individual with a payment plan with AcclaimedCasting may terminate this agreement in writing to us:
i To expire at the end of their fixed term,
ii AcclaimedCasting becomes insolvent, cases to trade or goes into liquidation.
iii To expire before the fixed term if agreed by AcclaimedCasting, at our discretion.
iv If AcclaimedCasting breaches these Terms and Conditions and does not remedy such an issue within a two week time period.