Version 1.0: These terms were last updated on 18th March 2014. They may be updated in the future and we'll post the new version here on our website.
So that we can be completely clear, here are some words we use which have specific meanings:
How to apply: In order to access and use The Service, a claimexpenses.com account must first be created. During the beta testing phase of The Service, accounts are available by invitation only. You can register interest from our homepage.
Formation of a contract: If we accept an application for the creation of a claimexpenses.com account, we will confirm this by email and at that point a legally binding contract will be created between the Account Holder and us. If you apply for a claimexpenses.com account to be created, you must therefore ensure that you are authorised to enter into this contract for and on behalf of the Account Holder. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern our agreement with the Account Holder and you.
Errors in information you gave us: If you made any mistakes in the details you gave to us when applying for a claimexpenses.com account, these errors can be corrected by accessing The Service and updating the "Organisation" settings, or by contacting our support team.
Refusal to create an account: We reserve the right, at our
discretion, not to accept an application to create a claimexpenses.com account. This may be
due to technical constraints, because you or your business has been banned by us from
using The Service or for any other reason. No charge will be made by
us for declined applications.
How to access the account: You will not be able to access and use The Service without a username and password for a claimexpenses.com account. There are two ways you can obtain these:
Your rights: If the business you represent is an Account Holder and you are authorised by it to use The Service, we grant you a non-transferable, non-exclusive licence to use The Service in accordance with these Terms of Service.
Conditions: The above licence is strictly subject to compliance with these Terms of Service by you (and by the Account Holder whose claimexpenses.com account you are accessing and by all other users of that claimexpenses.com account.)
You must not:
Security: The Account Holder is ultimately responsible for administering and safeguarding any passwords created to control access to its claimexpenses.com account: please keep any password issued to you secure.
There is no charge for usage of The Service during the beta period. We reserve the right to introduce subscription fees for usage of The Service in future. We will give existing Account Holders notice of at least 60 days of any intention to introduce subscription charges and the Account Holder will have the option to export their data and cancel their account at any time.
Rights in your data: The Account Holder has sole responsibility for the accuracy and reliability of your Data. The Account Holder retains ownership of any copyright, trade marks, database rights and any other intellectual property rights it has in your Data (such as rights in its logo, for example.) Intellectual property rights in your Data will not be transferred to us.
We reserve the right to access and disclose your Data to law enforcement officials in the investivation of fraud or other alleged unlawful activities.
You grant to us a worldwide, irrevocable, non-exclusive, premium and royalty-free license to use, reproduce, publish, translate and distribute such information in an anonymised format for research, educational and teaching purposes including the development and publication of industry and/or sector analysis and benchmarks.
You grant our staff permission to access your Data for the purposes of providing support in the use of The Service to users you have authorised to have access to your claimexpenses.com account. You further grant our staff permission to access your Data for the purpose of reviewing or improving the performance or functionality of The Service.
Rights in our software and our website: All copyright, database rights, trade marks and other intellectual property rights in The Service (including any such rights in our website) are either owned by or licensed to us and nothing in these Terms of Service shall transfer any ownership rights to you or to the Account Holder.
Third party features: All copyright, database rights, trade marks and other intellectual property rights in any external data sources or embedded third party services used in claimexpenses.com are the intellectual property of the relevant third party provider.
Cancellation by you: You can close the Account Holder's claimexpenses.com account at any time by contacting the support team. No further subscription fees will be billed and no refund will be made of any subscription fees already billed and paid.
Suspension and closure by us: If you (or any other user of the Account Holder's claimexpenses.com account) fails to abide by these Terms of Service, or if payment of any subscription fees is not paid on time, we reserve the right to suspend your access to The Service or permanently cancel the Account Holder's claimexpenses.com account. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any claimexpenses.com account for any reason, by giving one months notice.
IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.
No guarantees: We make no guarantee that The Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access The Service. We will try to keep disruptions to a minimum but we may suspend The Service from time to time to carry out maintenance and support work and to investigate unauthorised use.
Exclusion of our liability: You use The Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with The Service (even if we have been advised of their possibility.)
Limitation of our liability: Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service (or to our website generally) shall not exceed an amount equal to the subscription fees which the Account Holder has paid to us in the previous month.
Liability to us: If you access The Service using a password created to control access to the Account Holder's claimexpenses.com account, then the Account Holder shall be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall be personally be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.
Third party features: In order to use certain optional features of claimexpenses.com which relies on external data sources or embedded third party services you will be require to accept the terms and conditions of the relevant third party provider. These will be notified to you within The Service at the point of first use of the relevant feature and thereafter where those terms are subsequently updated from time to time.
By agreeing to these terms and conditions you agree, if you use the relevant features, to be bound by the terms and conditions listed above (and as subsequently amended from time to time) and any other third party terms subsequently accepted by you while using The Service ("third party terms"). Any breach by you of the third party terms shall, without limiting any other remedy available to the third party provider, be deemed to be a breach of these Terms of Service.
Changes to this contract: We reserve the right to change these Terms of Service from time to time and therefore we may impose new or different terms and conditions on your use of The Service. These additional terms will be posted here on our website and will be effective from the Account Holder's next monthly subscription. Therefore you should regularly review this page to check for changes to these Terms of Service. Your continued use of The Service will be deemed to constitute acceptance by the Account Holder of all of the new terms. These Terms of Service may not otherwise be changed without our written consent.
Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the Account Holder may transfer any of your rights or obligations under these Terms of Service without our written consent.
Waiver and severability: If either you or we ignore any breach of these Terms of Service, it doesn't mean that any further breach cannot be enforced. Similarly, if any part of these Terms turn out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
Resolving disputes: These Terms of Service shall be governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to The Service, it must do so in Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.
We may collect and process the following data about you:
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our clients and advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. Some of the cookies we use are essential for the site to operate.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We use information held about you in the following ways:
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act.