Terms of Use

Energy Jobs List - Website Terms and Conditions (January 2015)

o SECTION A: Applicability and Acceptance
o SECTION B: General Terms and Conditions applicable to all Users (including Recruiters and Job-Seekers)
o SECTION C: Terms and Conditions specific to Job Seekers
o SECTION D: Additional Terms and Conditions for Recruiters
o SECTION E: Site Rules for Recruiters ("the Rules")
o SECTION F: Privacy Policy - All Users

SECTION A: Applicability and Acceptance

This Energy Jobs List Website ("Site")including all information, documents, materials, data, databases communications, files, text, graphics and software available through the Site (collectively, the "Content") is owned, licensed to and operated by ENERGY JOBS LIST LIMITED a company incorporated in England (Company No. 8439810) with its registered office at 86 - 90 Paul Street, 4th floor, London, EC2A 4NE, United Kingdom ("Us, We" "Our") and is made available to You, as the person or business named in the registration or order with Us, ("You", "Your", "User") on the following Terms and Conditions.

By accessing or using the Site in any way, including, without limitation, use of any of the Services, downloading of any Content, or merely browsing the Site, You agree to and are bound by these Terms and Conditions.

We reserve the right to change these Terms and Conditions and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Please ensure that You review these Terms and Conditions regularly. Your continued use of the Site, or any Content or Services accessible through it, after such notice has been posted constitutes Your acceptance of the changes. If You do not comply with these Terms and Conditions, Your authorisation to use this Site will automatically end and any Content that You may have downloaded or printed from it must be immediately destroyed.

Section B: General Terms and Conditions applicable to ALL Users (including Recruiters and Job-Seekers)

1. The Site and Services

These Terms and Conditions govern Your agreement with Us for Your use of the following services on the Site:

a. The CV Search Service: the service which allows recruiters to view, search, purchase and access CVs of candidates held on the Candidate Database via the Site;

b. The Job Application Service: the service which allows Recruiters (or the advertising agency or media buyer for such recruiter) to place their vacancy advertisements on the Site as a job posting ("Job Posting") and Job Seekers to apply for those vacancies by: (i) making a vacancy application directly through the Site; (ii) being re-directed to a third party's website to apply through that website; or (iii) requesting an application pack from the relevant Recruiter (and then completing that application); and

c. The Jobs by Email Service: the service which allows You a Job Seeker to select Your preferred vacancy criteria and then receive emails containing details of Job Postings that fulfil Your criteria.

Each of a.-c. shall be a "Service" and collectively they shall be the "Services". These terms shall apply to all of the Services except for where they are expressly stated to apply to one Service only.

2. Use of the Site

The information and services available on the Site are provided for the sole use of:

• individuals looking for employment opportunities and career information ("Job Seekers") and
• for employers placing job advertisements and seeking to recruit staff ("Recruiters").

You may use, print and download selected information from the Site and Content for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any Content.

In using the Site, including all Services and Content available through it, You agree:

• Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked websites;
• Not to upload, post or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files;
• Not to create a false identity;
• Not to use or attempt to use another's account, password, service, or system without express authorisation from Us; or
• Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.

3. Intellectual Property

All copyright, database rights and other intellectual property rights in the Site and the Content belong to ENERGY JOBS LIST LIMITED, its group companies or third party suppliers. Use of the Site does not give You any proprietary or intellectual property rights in the Site or any Content.

The names, images and logos identifying the Us or third parties and their products and services, are the proprietary marks of ENERGY JOBS LIST LIMITED, and/or may be the proprietary marks of third parties and all goodwill shall accrue to such owners. Any use made by You of these marks may be an infringement of rights in those marks and We reserve all rights to enforce such rights as it might have.

Except as expressly implied in these Terms and Conditions, We do not grant any express rights to use the Content and/or Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Content, or its Services or their selection and arrangement, except as expressly authorised in these Terms and Conditions. In addition, You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

4. User Registration

Where use of the Site or certain Services of the Site requires user registration, You will be required to provide certain registration information (which may include your CV if you are a Job-Seeker) (the "Registration Data").

In registering to use the Site, including all Services and Content available through it, You agree to:

• Provide accurate, complete and up to date information about Yourself as required by the Sites registration form.
• Maintain and update Your Registration Data to keep it accurate, complete and up to date.

You are responsible for maintaining the confidentiality of Your account and for all activities carried out using Your account information. You agree to notify Us immediately of any unauthorised activity using Your account information or if You suspect that the confidentiality of Your account information has been compromised.

We reserve the right, at its sole discretion, to terminate or suspend Your use of the Site, terminate or suspend Your account and refuse any current or future use of the Services if We believe in good faith that You have knowingly failed to comply with the above User registration terms of use.

5. Managing Content and Communications

Although it is not our intention to do so, We reserve the right, at its sole discretion, to delete or remove User content from the Site and to restrict, suspend, or terminate Your access to all or parts of this Site, at any time (including, without limitation, our good faith belief that You have not complied with these Terms and Conditions) without prior notice or liability.

We will not view or edit or pre-screen any contribution that You or anyone else make to the interactive pages of the Site and therefore, unless We are specifically notified of the nature of any item of material, You cannot assume that We are responsible for having made such material available through the Site. Nevertheless We may, but are not obligated to, monitor or review (i) any areas of the Site where Users transmit or post User content, including but not limited to areas where Services are available, and (ii) the substance of any User content.

To the maximum extent permitted by law, We will have no liability relating to any User content arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

If You object to the publication of any material placed on the Site please let Us know by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. We will take whatever action it deems appropriate.

6. Links

The Services on this Site may provide links to other World Wide Web sites or resources. Because We have no control over such sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and does not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

7. Data protection

Our use of Registration Data, CVs and other personal information supplied by Users of this Site is governed by Our Privacy Policy. Please click here to view Our Privacy Policy.

8. Employment Agencies and Employment Business Regulations 2003 ("the Regulations")

Jobseekers and Recruiters need to be aware that the Site operates as a venue only and does not introduce or supply Job Seekers to Recruiters (or vice versa). This means that We DO NOT:

• obtain sufficient information for potential Recruiters to select a suitable Job Seeker for the position which the Recruiter seeks to fill;
• obtain confirmation of the identity of a Job Seeker or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
• take any steps to ensure the Job Seeker and Recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the Job Seeker to fulfil the position to be filled;
• take any steps to ensure that it would not be detrimental to the interests of the Job Seeker or the Recruiter for the Job Seeker to fulfil the advertised vacancy;
• give any indication to Recruiters whether Job Seekers are unsuitable (or suitable) for any position to be filled in any circumstances;
• propose Job Seekers to Recruiters or provide any information about them;
• take up any references in relation to a Job Seeker; or
• make any arrangements for accommodation of Job Seekers.
The Regulations seek to ensure that Job Seekers are only proposed by employment agencies for roles for which they are properly qualified and that Recruiters are only offered Job Seekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since the Site is only a venue and does not propose or introduce Job Seekers to Recruiters or vice versa, it is recommended that, if You are a Job Seeker You undertake the steps set out in the Regulations to ensure Your suitability for the role advertised or, if You are a Recruiter, to ensure a Job Seekers suitability for the role.

9. Disclaimer of Warranties

In using this Site and its Services, You expressly understand and agree that:

• The Site and the Services contained on it are provided on an "as is" and "as available" basis and that use of the Site and Services is at Your own risk.
• We disclaim all warranties of any kind, whether by express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement.
• We make no warranties regarding the accuracy, reliability, quality or availability of service of any products, materials or services made available on the Site.
• Any damage to Your computer or loss of data that results from the use of the Site or Services, or from the download of any material will be Your sole responsibility and is done at Your own discretion.
• No advice or information obtained from the Site or its Services, whether written or oral, shall create any warranty not expressly stated.

Further, We make no warranty or condition that:

• The Services will meet Your requirements
• The Services will be uninterrupted, timely, secure or error-free.
• The results that may be obtained from the use of the Services will be accurate or reliable
• The quality of any products, Services, information, or other material purchased or obtained by You through the Services will meet Your expectations
• Any errors in the software will be corrected.

Whilst effort has been taken to ensure that the pages of the Site are free from viruses, We give no warranties that they are indeed free from viruses and You are responsible for ensuring that You have installed adequate virus checking software and other appropriate precautions.

10. Limitation of Liability

To the extent not prohibited by applicable law (and other then in respect of liability for death or physical injury arising out of Our negligence or the negligence of our officers), We are not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders or other economic advantage (even if We have been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise, arising out of, or related to:

• The use or inability to use the Services;
• Compromise of the integrity of any computer software or hardware or telecommunications equipment cause by the Services or Content
• The cost of procurement of substitute goods and Services purchased or obtained or messages received or transactions entered into though or from the Services;
• Unauthorised access to or alteration of Your transmissions or data;
• Statements or conduct of any third party on the Services or Site;
• Any other matter relating to the Services, including content You may download, use, modify or distribute from the Site.

You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site and will not make a claim against Us for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of Content.

You agree to hold Us harmless from, and You covenant not to take any legal action against Us for any claims based on using the Site, whether in contract (including fundamental breach), tort (including negligence) or otherwise except where We are prevented by law from making such exclusions or limitations.

11. Severability

If any of these Term and Conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

12. Jurisdiction

The Site and these Terms and Conditions have been designed for use within the United Kingdom. Whilst We will consider Users from outside the United Kingdom, the Company gives give no warranty, express or implied, that the Site or the use of the Site from outside the United Kingdom complies with any applicable non-United Kingdom laws or regulations. Accordingly, any Services not permitted under Your local law are not offered to You. Furthermore, We reserve the right to refuse any order at Our discretion from overseas customers and We will have no obligation to provide You with any reasons for refusing an order.

SECTION C: Terms and Conditions specific to Job Seekers

1. If You register for the Site, You will be required to provide Your email address, a password and Your country of residence, which We will store in order to create an individual user account for You.

2. Access to Your account on the Site is via Your email address and password, so please keep Your password safe and do not disclose it to anyone else.

3. To the extent that You wish us to share Your information and CV with Recruiters You consent to our sharing Your CV, together with any additional information You provide to Us, with the Recruiters who use the Jobs Website. Subject to paragraph 4 below, this means that You give us:

a. a non-exclusive, royalty-free, worldwide licence of any rights, including intellectual property rights, in Your CV and any additional information You provide to us on the Site and Candidate Database, to share or otherwise use such CV and additional information as We reasonably require to fulfil the Services; and
b. the right to grant a perpetual, royalty-free, worldwide sub-licence of any rights, including intellectual property rights, in Your CV and any additional information You provide to us on the Site, to Recruiters for their recruitment related activities on the Site.

4. Your right to cancel: We will retain a copy of Your CV and any additional information You provide to until You delete it or close Tour account with us. If You are a registered User You can also change Your privacy settings to set whether Your CV is shared with all Recruiters, no Recruiters or You can select those Recruiters that You do not want to share Your CV with.
Please note that additional Recruiters are added all the time so You should check Your privacy settings frequently.

SECTION D: Additional Terms and Conditions for Recruiters

In this section of the Terms and Conditions:

a. 'Contract Month' means, in respect of any Order Form relating to the provision of Recruitment Services for a specified period of months, the calendar month commencing on the start date specified in the Order Form and ending on the day before the same date in the next calendar month. For example, the calendar month commencing on 4th March and ending 3rd April;
b. 'Contract Term' means the full term specified in the Order Form.
c. 'Order Form' means an order for Recruitment Services on a form provided by Us (in any format) and signed by a Recruiter;
d. 'Recruitment Services' means all recruitment products and services made available by Us to You as specified in the Order Form;
e. "You" "Your" in this section means a Recruiter or any other person, company, organisation or firm which purchases Recruitment Services from Us and named on the Order Form;

1. Commencement of Recruitment Services

We will not commence the provision of Recruitment Services pursuant to any Order Form until the Order Form has been returned to us, in a form approved by Us and confirmed by You by way of signature, e-mail confirmation or provision of purchase order number and, where You purchase Recruitment Services on terms that require pre-payment, Recruitment Services will not commence until payment is received and cleared.

The provision of the Recruitment Services and any Job Posting by Us is conditional upon Your compliance with the "Site Rules for Recruiters"

Job Postings go live on the Site after payment confirmation. You will be notified by email when Your vacancies have gone live on the Site as a Job Posting.

We do not guarantee any response to Your Job Postings or that responses will be from individuals suitable for the vacancy advertised. It is Your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the vacancy advertised and have the required qualifications and personal characteristics.

It is Your responsibility to ensure that You have the appropriate equipment and are connected to the appropriate Recruitment Services to enable You to post vacancies to the Site.

2. Prices

Prices are guaranteed for the period stated on the Order Form. All prices exclude VAT.

Prices are confidential and may not be disclosed by You.

A Job Posting on the Site will remain live for twenty eight (28) days or such shorter time as We agree with You. Any extension of this time will be charged to You as a new posting.

A Job Posting is identified by its unique ID number. If a Recruiter deletes a Job Posting and then either reposts it or posts another, this will be classed as two Job Postings and will be charged accordingly.

If any Recruitment Services to be used within any time period specified on the Order Form are not used within that period of time they may not be carried over into any subsequent period without our prior written consent. You will be responsible for payment for any unused Recruitment Services.

3. Payments

All invoices are payable by You within fourteen (14) days from invoice date.
Late payment will entitle Us to suspend provision of some or all of the Recruitment Services.
Interest will be payable on late payments at the rate of three per cent (3%) above HSBC's base rate from time to time.

4. Recruiter-Supplied Content

i. This clause applies to all vacancy advertisements and other material accepted by Us for display on any of the Site. By placing any such material You accept these Terms and Conditions as principal, even if You are acting as agent or buyer for the third party advertiser.

ii. We must receive the complete creative content for a Job Posting in acceptable format at least two (2) working days before 9 am on the go-live date specified in Your Order Form otherwise, We may not be able to achieve the specified go-live date but You must pay the full amount set out in the Order Form irrespective of whether any delivery target for "impressions" have been met.

iii. To cancel or alter a Job Posting You must inform us, by fax or email at the number or address on the order, at least two (2) working days before 9 am on the go-live date specified in Your Order Form. Otherwise You must pay the full amount set out in the Order Form, irrespective of whether any delivery targets for impressions have been met.

iv. You are entirely responsible for the content of material supplied by You and for ensuring that You have the right to supply it to Us and that it complies with all relevant legislation, codes of practice and the Site Rules for Recruiters. If We receive complaints about any material or its content We may, at our discretion, remove the material from display without reference or liability to You. You will indemnify Us against any claim that the material infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive.

v. If You are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is Your responsibility to ensure the advertisements You place on the Site comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

vi. You are also responsible for fulfilling and dealing with any orders or enquiries relating to the goods or services to which a Campaign relates and You will indemnify and hold Us harmless accordingly.

vii. Where your contract is on a cpm (Cost-per-thousand) basis, We will provide You with a password to enable You to monitor the number of impressions served in lieu of any other right of audit. You will not use the password, or the system to which it gives You access, for any other purpose.

viii. Your sole remedy if We, or our third party subcontractors who may host and serve Job Postings from time to time or make an error in displaying any Job Posing is the cost of re-running the relevant Job Posting. Neither We nor our subcontractors shall be liable in any circumstances for any loss of profit or business. We shall, additionally, have no liability for failure to display the Job Posting caused by circumstances outside our control. Vacancies You post on the Site may also appear on third party recruitment websites pursuant to agreements from time to time between Us and the proprietors of such websites.

5. Termination

You may terminate the provision of Recruitment Services under any Order Form by notice to Us in writing as follows:

• Thirty (30) days in respect of Contract Duration of up to two (2) months;
• Ninety (90) days in respect of Contract Duration of three (3) – five (5) months; and
• One hundred and eight (180) days in respect of Contract Durations of six (6) months or more.
Provided always that all notice periods shall end at the end of a Contract Month and no refunds shall be given.

You may also terminate the Recruitment Services at any time if We are in material breach of these Terms and Conditions and have not remedied such breach within ten (10) days of notice specifying the breach and requiring that it be remedied, or We become insolvent, cease to trade or go into liquidation.

Termination by You before the end of the Contract Term may, at our discretion, results in loss of discounts agreed for the entire Contract Term.

We may terminate the provision of some or all of the Recruitment Services(i) forthwith without notice to You if You are in breach of any of the "Site Rules for Recruiters" or (ii) if You are otherwise in material breach of these Terms and Conditions and have not remedied such breach within ten (10) days of notice from Us specifying the breach and requiring that it be remedied, or(iii) forthwith on written notice from Us of You become insolvent, cease to trade or go into liquidation.

6. Limitation of liability

Our total liability to the Recruiter in respect of any Recruitment Services, except for death or personal injury caused by our negligence, or for fraudulent misrepresentation is limited to the total amount paid to Us during the Contract Term for such Recruitment Services or ten thousand pounds Sterling (£10,000), whichever is the lesser.

SECTION E: Site Rules for Recruiters ("the Rules")

We have rules regarding the content and format of Job Postings. Their purpose is to ensure that Users who search the Site or the Candidate Database get results which are presented as clearly and informatively as possible. You agree that We may, at our discretion and without liability to You, remove from the Site any Job Posting which is posted in breach of the Rules. The Rules form part of the Terms and Conditions and may change from time to time and You are advised to refer to them regularly. The

Rules are as follows:

1. Duplication: No duplicating of vacancies at the expense of other Recruiter's vacancies.

2. Keywords: No gratuitous use of keywords in vacancy descriptions or vacancy titles. Gratuitous means deliberately inserting words, strings of words, or repeating vacancy titles, with the intention of influencing position in the results listing, or increasing the number of page views.

3. Genuine Vacancy: Job Postings must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity'.

4. Links :URLs or email links (live or text only) are not permitted in the body copy of the vacancy description page. Email links are permitted from the 'send an email' link and url linking is permitted from the 'apply online' link.

5. Illegal Advertisements: Vacancy advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. Your vacancies are accepted by the Site as Job Postings on the condition that You confirm that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if We nonetheless believe that a vacancy advertisement may be discriminatory We may at our discretion either amend the advertisement or remove it from the Site without liability to You to make any refund of amounts paid or due to be paid in respect of the Job Posting or otherwise and will inform You accordingly.

6. Responses to advertisements: You agree to deal fairly and professionally with individuals who may respond to Your Job Posting and not do anything which may bring the Site or Us into disrepute. You will indemnify Us from and against any claim brought by an individual against the Site arising from Your breach of this obligation or any other of these Terms and Conditions.

7. Content and links: If Your Job Posting links to another site via our external apply online option, You are responsible for maintaining the links and for the content of Your Job Posting and the linked site. We may remove from the Site any Job Postings which contains content or links to a site which, in Our opinion, is defamatory, illegal or objectionable or will bring the Site into disrepute or is otherwise in breach of these Rules. You will indemnify Us from and against any claims or liability arising from content or links contained in Your Job Postings.

8. Data Protections: You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations.

9. Passwords and User Names: Passwords issued by Us are for the sole use of the named individual to whom they are issued. They are strictly confidential. We may deny access to a password if We reasonably believe that it is being used by an unauthorised person or that the User is breaching these Terms and Conditions.

10. Rules for Use of Candidate Database

i. Rights in the Candidate Database: Database rights and all other applicable copyright and intellectual property rights in the Candidate Database belong to ENERGY JOBS LIST LIMITED. You acknowledge that You do not acquire any rights in the Candidate Database or its content and that Your retention and use of the Candidate Database and its content is governed by these Terms and Conditions.

ii. Use of the Candidate Database: The material You are entitled to receive from the Candidate Database is determined by the extent of the Recruitment Services You have purchased from Us. On receipt of this material You may use the information for the following purposes and in the following ways ONLY:

a. Use, search or download it to Your database using the Candidate Search back office interface and its associated functions for the purpose of finding suitable candidates for specific vacancies that You or (if You are an employment agency or employment business) Your client wish to fill.

b. Use the information about the individuals contained in the Candidate Database for the purpose of contacting them (either directly or through the Site depending on the product You have purchased) ONLY in relation to a specific vacancy.

c. Use the information only in connection with Your own recruitment-related activities.

And You may NOT:

a. Supply, sell or license material from the Candidate Database, or a copy of it, to any other person, including another member of Your group of companies.

b. Download the Candidate Database through any automated (e.g. "scraping") process.

c. Contact the individual's n the Candidate Database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific vacancy.

iii. Deletion of Candidate Database material: You agree to delete all material from the Candidate Database upon its replacement with up-to-date material or the satisfactory conclusion of Your search for a suitable candidate, whichever occurs first.

SECTION F: Privacy Policy

 

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