Terms & conditions

WEBSITE TERMS AND CONDITIONS OF USE FOR RECRUITERS AND EMPLOYERS


UpstreamOnline Careers is a sub brand for the recruitment advertising business of the oil and gas news provider Upstream AS (Upstream). The website: www.upstreamonlinecareers.com is operated by Upstream AS who is registered in Norway at Christian Krohgs gate 16, 0186 Oslo, Norway. Registered VAT no. 937 593 821. 


Registration
If you choose to register on this website, you will be asked to enter a username and password. You are responsible for maintaining the confidentiality of these details and must not allow anyone else to use these credentials. You must not do anything which would assist anyone who is not a registered user of the website to gain access to those parts accessible only to registered users. You must not maliciously create additional accounts for any purpose including for the purpose of abusing the functionality of this website, or to pose as another user. You must immediately inform us of any unauthorized use of your credentials. This can be done by sending an email to: support@upstreamonline.com


Liability
To the fullest extent permitted by law neither support@upstreamonline.comnor any of its employees or agents will be liable for damages arising out of or in connection with the use of this site, the information in it or the unavailability of the site or its content. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, indemnity, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims, save that nothing shall exclude or restrict liability for death or personal injury resulting from the negligence of UpstreamOnline.Careers, its employees or agents. 


We accept no liability of any kind with respect to any of the products, information, material or services offered by any persons or organisations listed on, or linked to from this website. Should you decide to contract with any such person or organisation, the contract will be directly between you and that other party: UpstreamOnline.Careers will not be a party to or have any contractual involvement in such a contract and will not be liable to you in contract or otherwise for any losses or damages that you suffer in relation to and as a result of products, information, materials or services provided to you by any of these organisations.

Data Protection
Please read our Privacy Policy to understand how we use and protect the information that you supply to us. You agree to the use of any personal data we may hold on you in accordance with the terms of our Privacy Policy.

Service access
We will use reasonable efforts to make our website and its content available to users. However, we do not warrant or represent that access to this site will be uninterrupted, reliable or fault-free. 
We reserve the right in our sole discretion to deny users access to our site or any part of it without notice or liability and to decline to provide the service to any user that is in breach of these conditions.


Alterations
UpstreamOnline.Careers reserves the right at any time without notice to revise the contents of this site, including the right to amend these Terms and Conditions. Any changes to these Terms and Conditions will be posted on this site and by continuing to use this site following any such change you will signify that you agree to be bound by the Terms and Conditions as amended.


Links to other websites
Certain links, including hypertext links, in this site will lead you to external websites or pages. Links are provided for convenience and inclusion of any link does not imply endorsements in any way of the site to which it links. UpstreamOnline.Careers has no control over external websites and can take no responsibility whatsoever for any editorial or technical errors on these sites.


Copyright
All rights in the design, text, graphics and other materials on the website and the selection or arrangement thereof are the copyright of UpstreamOnline.Careers and in some cases specific third parties. Permission is granted to copy electronically and print in hard copy portions of this site solely for your own personal use. Any other use of materials on this site (including reproduction for purposes other than those noted in this paragraph) including alteration, modification, distribution, or republication without the prior written permission of UpstreamOnline is strictly prohibited.

Force majeure
We shall not be liable to users for any breach of these conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire explosion or accident. 


Applicable law
These conditions shall be governed and construed in accordance with the law of England and Wales and any disputes shall fall within the exclusive jurisdiction of the English Courts. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.


The Advertising Service
The advertising service (the "Advertising Service") is the service provided by UpstreamOnline.Careers which allows recruiters and employers (or the advertising agency or media buyer for such recruiter or employer) to place and access their advertisements on, and to self-upload recruitment advertisements to, the Website.

The CVmatch Service
The CVmatch service (the "CVmatch Service") is the service provided by UpstreamOnline.Careers which allows recruiters to view, search, purchase and access CVs of candidates held on the UpstreamOnline.Careers Candidate database (the "UpstreamOnline.Careers Candidate database") via the Website. As between UpstreamOnline.Careers and you, all intellectual property rights and all other rights in the CVs and the UpstreamOnline.Careers Candidate database shall be owned by and are retained by UpstreamOnline.Careers or its licensors. Subject to paragraph 6 below, when you use the CVmatch Service, UpstreamOnline.Careers will license rights in the CVs purchased by you on a non-exclusive, worldwide basis as necessary to enable you to make reasonable use of the CVs and the CVmatch Service for the purpose of recruiting candidates, provided that you comply with (i) these Terms and (ii) all applicable legislation. If UpstreamOnline.Careers are required to terminate this Agreement under paragraph 34 or this Agreement ends, this license will automatically terminate, except in respect of the CVs of candidates you have directly employed or who have sent their CVs directly to you. You acknowledge that our provision of candidate's CVs to you is conditional on the candidates providing UpstreamOnline.Careers with a license on such terms as will entitle UpstreamOnlineCareers to license their CV on to you.

The Job Match Service
The job match service (the "Job Match Service") is the service provided by UpstreamOnlineCareers through which UpstreamOnlineCareers will, on behalf of the recruiter, contact suitable candidates, who have supplied their CVs to the UpstreamOnlineCareers Candidate database, with details of an Advertisement placed by the recruiter on the Website.

General Terms Regarding Access to the Services
UpstreamOnlineCareers allows you to access each of the Services on the basis that: a. you a bona fide recruiter, being either an employer or a recruitment agent acting for a recruiter; b. your password is personal to you and may not be used by any third party to access any of the Services or otherwise shared with or disclosed to any third party. If you become aware that any third party has access to your password, you will immediately notify UpstreamOnlineCareers and UpstreamOnlineCareers shall provide you with a new password as soon as reasonably practicable. You shall at all times ensure that your password is safe and secure; c. you will not do anything which would assist anyone who is not a registered user of the Services to gain access to or misuse it; d. you do not maliciously create additional accounts for the purpose of abusing the functionality of the Website or the candidates who have signed up to the Website, or other users nor do you seek to pass yourself off as another user; e. on the basis that you handle all CVs and other candidate personal information in accordance with the terms of our candidate privacy policy, a copy of which is available here:  and f. if, for any reason, we believe that you have not complied with these Terms or are abusing the Services in any way, UpstreamOnlineCareers may, at its discretion, cancel, suspend or otherwise restrict your access to the Services immediately and without giving you any advance notice.

General Terms Regarding Your Use of the Services
You hereby warrant, represent and undertake to UpstreamOnlineCareers that:
a. You will only use the Services and any information you receive under the Services for your recruitment related activities;
b. Except as expressly permitted under these terms you will not sell, sub-license, sub-contract or rent or any information you receive under the Services in respect of a candidate on the GNM Candidate database to a third party provided that advertising agencies or media buyers for recruiters may sell, sub-license, sub-contract or rent the information they receive under the Services to the specific recruiters who have engaged them ;
c. You will not create a marketing list (other than for jobs) for either your own use or to sell on to a third party using any information you receive under the Services in respect of a candidate on the UpstreamOnlineCareers Candidate database;
d. Your use of the Services will not be prejudicial to the image or reputation of UpstreamOnlineCareers, the Website or any other recruiters or employers who use the Website;
e. In relation to obtaining, storing and using any personal data derived from your use of the Services or otherwise in connection with your use of the Services that you are registered with the Information Commissioner's Office (or you warrant that you are exempt) for the purpose of processing and controlling personal information and you have complied and will comply with the terms of the Data Protection Act 1998 and have and will comply with all relevant requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any guidance issued by the Information Commissioner; and f. Without prejudice to the provisions of paragraph 9e, you will keep all candidates' personal information confidential.
General Terms Regarding Your Use of CVs provided to You
In respect of CVs provided to you under the Services, you hereby warrant, represent and undertake to GNM that you will: a. not keep candidates' CVs on your database for longer than is necessary for your recruitment purposes; and b. delete a candidate's CV from your database if they request you to delete it, within a reasonable time following such request.