Terms & conditions
1. This web site, which is accessible via the following URL's www.upstreamonlinecareers.com (the "Web Site"), is operated by Upstream Careers for the recruitment advertising business of the news provider Upstream. The website Upstream Careers is operated by the registered company NHST Global Publications of 125 Wood Street, London EC2V 7AN
4. Please read this Agreement carefully. By accessing and using the Web Site, including any of the Recruiter Service(s) or Job Seeker Service(s) (as those terms are defined below), you are agreeing to be bound by Agreement. If you do not accept this Agreement, then you must not continue to use the Web Site.
5. This Web Site is intended to be used by individuals who are aged 18 or over and we ask that if you are under 18 you do not submit any personal information to the Web Site or use the services offered through it. If you are outside the United Kingdom and use this Web Site, you must do so in compliance with this Agreement and we accept no liability so far as we are able for breaches of any local laws in your jurisdiction and by accepting this Agreement you acknowledge that it is your responsibility to ensure that any such laws are complied with.
6. Access to the Web Site and to all the content and features available within it may be modified, suspended, withdrawn or discontinued at any time and without any prior notice or explanation.
Should you have any queries about these terms and conditions, the Web Site or Upstream Careers generally, we can be contacted via the following methods:
3. Nature of our web site
1. The Web Site is designed so that both those looking for a job ("Job Seekers") and those person(s) or organisations with whom contact is made or who use our Web Site seeking to fill a vacant position ("Recruiters") in relevant industries can be brought together.
2. A Recruiter can either post a one-off position ("One-Off Posting") on the Web Site or can arrange a Recruiter plan with Upstream Careers so that they can advertise multiple positions ("Multiple Postings"). Together these form the basis of the online advertising service that we provide (the "Recruiter Service(s)").
3. A Job Seeker who registers on the Web Site can search the Web Site and can receive notification by email of jobs that match his/her specific job type specification (the "Job Seeker Service(s)").
4.In order to use these services, Job Seekers and Recruiters must register on the Web Site and agree to comply with the Additional Terms for Recruiters or Additional Terms for Job Seekers, as applicable.
4. Intellectual Property Rights
1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the design, content and arrangement of this Web Site (including its text and graphics, all software compilations or underlying source code, and all other material on the Web Site) shall remain at all times owned by Upstream Careers or our licensors. You are permitted to use this material only as expressly authorised by Upstream Careers.
2. Reproduction of this Web Site, or any part of it, in any form is prohibited except that you may: (a) print or download to a local hard disk extracts for your personal use; and (b) copy the content to individual third parties for their personal information, provided that you acknowledge the Web Site as the source of the material and you inform the third party or parties that these terms apply and they agree to comply with them.
3. Provided that your use is for non-commercial purposes only, you may incorporate limited content or material from the Web Site (for example, one article) on your blog or other web site, on the condition that you include the following attribution prominently alongside each use of such content or material: "Supplied courtesy of Upstream Careers", together with a hyperlink to the Web Site. No copying of any content or material on the Web Site for any business or commercial use is allowed without the express written consent of one of the Directors of Upstream Careers.
5. Information & Content
1. The information contained on this Web Site (including any guides, surveys, articles or reports) is compiled and/or made available in good faith and reasonable efforts have been made to ensure that it is accurate and up to date. However, Upstream Careers gives no representation or warranty in respect of such information and all such representations and warranties, express or implied, are excluded.
2. We do not warrant that the content of this Web Site and any downloads are virus free and we recommend that you carry out your own virus checks and keep your anti-virus and other security software up-to-date.
3. Where information published on the Web Site is supplied by third parties, this does not signify that Upstream Careers controls or endorses such content or accepts responsibility for the accuracy or otherwise of the information.
6. Web Site Links
1. Where links to other external web sites are published on this Web Site, this is not intended to signify that Upstream Careers has reviewed or endorses such Web Sites and/or their content and Upstream Careers accepts no responsibility for the content of any linked web site. The use of any links to these web sites is entirely at your own risk and it is your responsibility to check and comply with the terms and conditions of any linked web sites visited.
7. Your use of this Web Site
1. You agree to use this Web Site responsibly. You will not use this Web Site for any unlawful purpose and will not supply, post or publish any information (including, without limitation, UGC) that is discriminatory, defamatory, obscene or offensive, or in any other way illegal or unlawful. All information you provide will be true, accurate, complete and up to date and will not mislead or be likely to mislead Upstream Careers or any third party for which the information is intended, including, without limitation, other users of this Web Site.
2. You will take all reasonable steps to ensure that all information and data files you supply, post or publish to the Web Site are free of viruses, Trojan horses, worms, engines, routines or any form of malicious coding and you will not attempt in any way to damage, disrupt, modify or otherwise interfere with the proper and intended operation of this Web Site.
3. Upstream Careers may terminate or suspend your use of the Web Site at any time and without warning if you are in breach, or if we have reasonable grounds to believe that you are in breach, of any of the terms and conditions in this document.
8. Liability & Disclaimer
1. Nothing in this Agreement shall limit or exclude Upstream Careers's liability (if any) for fraud, for personal injury or death caused by Upstream Careers's negligence, or for any other matter or other type of liability which cannot by law be excluded or limited.
2. We do try to ensure that all materials, questions and information published on our Web Site are accurate. However, you acknowledge that we are reliant on the information provided by Recruiters and Job Seekers and have no independent means of verifying the accuracy of this information and do not check its authenticity.
3. All materials and information on our Web Site are provided on an 'as is' basis. We exclude all implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any material posted on this Web Site by a Job Seeker or a Recruiter or any information or service provided through our Web Site, in each case to the fullest extent permitted by applicable law.
4. We accept no liability for any indirect or consequential loss or damage, or any loss of data, loss of profit, revenue or business (whether direct or indirect in each case), suffered by you arising out of your use of this Web Site, the Job Seeker Service(s), the Recruiter Service(s) and/or the reliance upon any content published, posted or supplied on this Web Site, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, even if foreseeable, to the fullest extent permitted by applicable law.
9. Infringement of Intellectual Property Rights
1. Upstream Careers respects the intellectual property rights of others. Upstream Careers does not knowingly feature any material on the Web Site, which infringes another's intellectual property rights. If you believe that any material on the Web Site infringes your intellectual property rights, please notify the Web Site Manager in writing at the address below giving full details of the alleged infringement (including details of your ownership or licence of such rights) along with your name and contact details. We respond promptly to all valid requests to remove infringing material and we will seek to disable the accounts of repeat infringers.
1. We may assign, transfer, novate or subcontract any or all of our rights and obligations under this Agreement at any time.
2. We may alter this Agreement from time to time and post a new version on our Web Site, following which all use of our Web Site will be governed by that version. The Parties must check the terms and conditions on the Web Site regularly.
3. If any provision or terms of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever under any applicable jurisdiction such terms or provisions shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
4. Failure by either party to exercise any right and remedy under this Agreement does not constitute a waiver of that right or remedy.
5. These terms and conditions do not confer any rights on any third party pursuant to and in accordance with the Contract (Rights of Third Parties) Act 1999.
7. You agree that you have not entered into this Agreement or any agreement or document entered into pursuant to this Agreement in reliance upon any statement, representation, covenant, warranty, undertaking or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) except as expressly set out in this Agreement.
8. The Agreement and the use of our Web Site are governed by and construed in accordance with the laws of England.
9. The Parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales, save in respect of enforcement, in which case jurisdiction shall be non-exclusive.
Additional terms for job seekers
The terms set out in this section only apply to Job Seekers.
1. We have not vetted, interviewed or carried out any background checks of any kind on any of the Recruiters who post positions on this Web Site and for the avoidance of doubt we do not make any representation or give any warranty for the accuracy or fitness for purpose of any information on the Job Seeker Service(s) and the use made of any information provided by you passed to Recruiters and we accept no liability whatsoever, to the fullest extent permitted by applicable law, in respect of your employment with a Recruiter deemed suitable by you. If you have any concerns, then these must be dealt with directly between you and the Recruiter.
2. We do not carry out any checks on you and these will be undertaken by the Recruiters if they decide to employ you. It is unlawful for you to live and work in the United Kingdom or the particular country to which this website applies without the correct permissions. We accept no liability for Job Seekers who do not hold relevant work visas, residency status or appropriate permissions to work in the United Kingdom or the country in question.
2. Conditions of access for job seekers
1. Access to the e-mail service offered through our Web Site is dependent on a Job Seeker's registration being accepted by us. The Job Seeker must complete the form accurately and include all required relevant information. If we are notified by any source that any of the information supplied by the Job Seeker is false, then we will remove the information from the Web Site and notify any relevant authorities which we deem suitable. We may terminate or suspend your use of the Job Seeker Services at any time acting in our sole discretion if you are found to be in breach of any of these terms and conditions.
2. Job Seekers must ensure that their password (if issued) is kept confidential and they must not allow any other third party to use it. If we have reasonable grounds to suspect that a Job Seeker has breached this sub-clause, we may change the password or suspend the Job Seeker's access to the Job Seeker Services.
3. A Job Seeker's account details and password are personal to him/her and it is his/her responsibility to keep this information secure. The Job Seeker will be liable for all actions performed using its account details and password.
4. You are responsible for ensuring that your computer system meets all relevant computer specifications necessary to use the Job Seeker Service(s) and is compatible with our Web Site.
3. Information Provided by Job Seekers
1. You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and contact details, to the extent reasonably necessary to provide the Job Seeker Service(s)s. Information collected by us shall be referred to in these terms and conditions as, "Personal Information".
3. You must ensure that the Personal Information you provide is accurate and complete and that all contact details contain your correct name and other request details.
5. We have the right to monitor any information provided by you and may edit, reject or remove such information if we believe it is offensive or objectionable in any way and you warrant that the information you provide is not defamatory or in any way unlawful, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate.
The following provisions are in addition to those contained in the section headed "Liability & Disclaimer" in the Upstream Careers terms and conditions above.
1. You agree to indemnify us against all costs, claims, demands or expenses incurred or made by us as a result of a breach of this Agreement by you or howsoever arising in connection with your use of the Web Site and/or the Job Seeker Service(s).
Additional terms for recruiters
The terms set out in this section only apply to Recruiters.
means any person, company, organisation, agent, third party or firm which purchases any recruitment products and services made available by us.
means all recruitment and advertising products and services made available by us from time to time.
means an order for Services on a form provided by us (in any format).
means all Upstream Careers member profiles for both individuals and organisations.
1. We have not vetted, interviewed or carried out any background checks of any kind on any of the Job Seekers who apply for positions posted on this Web Site to determine whether the Job Seeker is a suitable applicant for working in the relevant industry. We accept no liability whatsoever in respect of the placement of a Job Seeker deemed suitable by you to the fullest extent permitted by applicable law.
2. It is unlawful for a Job Seeker to work in the United Kingdom without the correct permissions to work and live in the United Kingdom. We accept no liability for Job Seekers who do not hold relevant work visas or residency status. You warrant and undertake to us that you will carry out all the relevant background checks to confirm that the Job Seeker has all the appropriate permissions to work in the United Kingdom or the country in question.
2. Payment by recruiters
1. To access the online Recruiter Service(s) Recruiters will need to follow the subscription procedures set out in the Web Site.
2. Details of our prices for subscription to the Recruiter Service(s) and the procedures for payment are either displayed on our Web Site or are available upon request. Recruiters must pay in advance for certain Services that require pre-payment either by using the online payment system.
3. Recruiters will either make a one-off payment or be invoiced at monthly or pre-agreed intervals for use of the online service depending on the Recruiter's subscription. If a Recruiter's account is suspended any material that the Recruiter has posted on the Web Site will be disabled. This material includes all material that the Recruiter has posted on the vacancy listings page, vacancy details, application page and the register page or any other Content (as defined below).
4. The prices are exclusive of VAT or any other applicable taxes which must be paid in addition by the Recruiter.
5. Recruiters undertake that all details they provide to us for the purpose of subscribing to the Services will be correct, that the account details, cheque, credit or debit card or any electronic switch (whichever is applicable) that Recruiters use is their own and there are sufficient funds or credit facilities to cover the cost of any Subscription. We reserve the right to obtain validation of a Recruiter's credit or debit card details before providing Recruiters with any Services.
3. Content provided by recruiters
1. Subject to the continued payment of the fees for the use or continued provision of the Recruiter Service(s), Recruiters (where permitted) may add to, edit or delete content on the Recruiter's Organisation-specific web pages on the Web Site, We may allow Recruiters access to the search facilities for the member CV profiles (including job seeking information), and Recruiters are responsible for maintaining, updating, refreshing and the accuracy of all the material and that which concerns job vacancies posted on the Web Site ("Content").
2. Recruiters must adhere to certain rules when posting jobs onto Upstream Careers to ensure that users who search the site get results which are presented to them as clearly and as informatively as possible. You agree that we may, at our discretion and without liability to you, remove from Upstream Careers any job advertisement which is posted in breach of the following rules.
3. Upstream Careers is a values based organisation, and a strong advocate of diversity, equal opportunity, respect and fairness. Upstream Careers rules: Recruiters must own or have the right to submit Content for publication on our Web Site and ensure that:
it does not infringe the copyright, design, privacy, data protection, trade mark or any other rights of any third party; or
is not obscene, abusive, threatening, libellous or defamatory of any person, entity or organisation;
is not racist, sexist or homophobic; or
is not pornographic, obscene, profane or vulgar; or
is not abusive, threatening or otherwise likely to be harmful to those persons likely to use the Web Site; or
does not infringe the rights (including the intellectual property right) of any person; or
is not related to the conduct of a business; or
does not contain html tags or domain names relating to any other company without our prior approval; or
is not otherwise offensive in our opinion; or
is not a duplicated job at the expense of other clients' jobs; or
is placed on Upstream Careers for genuine vacancies only, if it relates to job postings content.
4. If your job advertisement links to another site via our external apply online option, you are responsible for maintaining the links and for the Content of your advertisement and the linked site. We may remove from Upstream Careers any advertisement which contains Content or links to a site which, in our opinion, is defamatory, illegal, objectionable or will bring Upstream Careers into disrepute. You will indemnify us from and against any claims or liability arising from Content or links contained in your advertisements.
5. Recruiters may not download, store, reproduce, transmit, display, copy, distribute or use the Content other than in accordance with our permission.
6. Recruiters agree that we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their Content is or may be inappropriate or otherwise does not comply with the above.
7. A job posted on Upstream Careers will remain live for 1 month or such shorter time as we agree with the Recruiter. Any extension of this time will be charged to the Recruiter as a new posting. A single job is identified by its unique ID number.
10. We may terminate or suspend a Recruiter's Subscription and use of the Services at any time if Recruiters are found in breach of any of these terms or conditions.
11. Recruiters must ensure that keep their password(s) confidential and must not allow non-subscribers to access the password. If we have reasonable grounds to suspect that a Recruiter has breached this sub-clause we may change a Recruiter's password or suspend a Recruiter's use of the Services.
12. We reserve the right to edit, delete or use electronic methods to block or filter any content left on or sent to the Web Site, including without limitation any Content which contravenes the rules above.
13. Recruiters grant us a non-exclusive, irrevocable royalty free, perpetual, worldwide licence to publish, use, distribute, adapt, modify, display, reproduce and transmit such Content in any and all media in any manner in whole or in part without any duty to account to Recruiters except any portion of the Content that is Personal Information.
14. Job advertisements or related Content posted on Upstream Careers may also appear on Upstream Careers affiliate or third-party recruitment web sites pursuant to agreements from time to time between Upstream Careers and the proprietors of such web sites.
15. Recruiters have sole responsibility for the Content which Recruiters post on the Web Site and Recruiters shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by Recruiters to us or posted directly on the Web Site.
4. Information provided by recruiters
1. The following applies to any information you provide to us, for example, during any registration or ordering.
2. You authorise us to use, store or otherwise process any Personal Information to the extent reasonably necessary to provide the Services.
3. You as a Recruiter are solely responsible in all aspects for all use of Personal Information supplied directly to you by Job Seekers in the form of applications and curriculum vitaes. You are solely responsible for ensuring that you hold the requisite data protection registrations or equivalent in any applicable jurisdiction and that you fully comply with the Data Protection Act 1998 including without limitation the provision of secure storage and processing for the Personal Information of Job Seekers.
4. You must ensure that the Personal Information you provide is accurate and complete and that all ordering or contact details contain your correct name and other request details.
5. Use of Upstream Careers job seeker profiles and CV database
1. Database rights, including but not limited to the Upstream Careers job seeker profiles, and all other applicable copyright and intellectual property rights in the database belong to Upstream Careers. You acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its Content is governed by these terms and conditions.
2. The material you are entitled to receive from the database is determined by the product you have purchased from Upstream Careers.
3. On receipt of this database material you may:
Use, search or download it to your database using the CV Search back office interface and its associated functions for the purpose of finding suitable candidates for specific job vacancies that you or (if you are a recruitment/employment agency or recruitment/employment business) your client wish to fill; or
Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through Upstream Careers depending on the product that you have purchased) in relation to a specific job vacancy; or
Use the information only in connection with your own recruitment-related activities.
4. You may not use the database to:
Supply, sell or license material from the database, or a copy of it, to any other person, including another member of your group of companies; or
Download the CV or jobs database through any automated (eg'scraping') process
Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies.
You must, at all times, comply with the Data Protection Act 1988 and all subsequent legislation and regulations, or the equivalent data protection legislation for the country in question through which you are accessing the Web Site.
5. You agree to delete all material from the database upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable candidate, whichever occurs first.
6. You agree to deal fairly and professionally with individuals you may contact using information from the database and not do anything which may bring Upstream Careers into disrepute. You will indemnify Upstream Careers from and against any claim brought by an individual against Upstream Careers arising from your breach of this obligation or any other of these terms and conditions.