Terms Of Use

Last Updated: 8th February 2013

This agreement applies as between you, the User of this Website and Upstart Jobs, the owner and provider of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

  1. Definitions and Interpretation
    In this Agreement the following terms shall have the following meanings:
    • "Account" means collectively the personal information, Payment Information and credentials used by Users to access Content and / or any communications System on the Website;
    • "Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
    • "Job Posting" means a job advertisement posted on the Website by a User which shall provide details of the job;
    • "Service" means collectively any online facilities, tools, services or information that Upstart Jobs makes available through the Website either now or in the future;
    • "Services" means the services available to you through this Website, specifically an on-line job advertising and job application submission service;
    • "Payment Information" means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers;
    • "Premises" means our place of business;
    • "System" means any online communications infrastructure that Upstart Jobs makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
    • "Upstart Jobs" means Upstart Jobs Limited of 4th Floor, 115 George Street, Edinburgh, EH2 4JN, United Kingdom;
    • "User" / "Users" means any third party that accesses the Website and is not employed by Upstart Jobs and acting in the course of their employment; and
    • "Website" means the website that you are currently using (upstartjobs.com) and any sub-domains of this site (e.g. www.upstartjobs.com) unless expressly excluded by their own terms and conditions.
  2. Intellectual Property
    1. Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Upstart Jobs, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
    2. Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Upstart Jobs.
  3. Third Party Intellectual Property
    1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
    2. Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
  4. Fair Use of Intellectual Property
    Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
  5. Links to Other Websites
    This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Upstart Jobs or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
  6. Posting a Job on the Website
    1. When submitting a Job Posting to the Website you should do so in accordance with the following rules:
      1. you must not use obscene or vulgar language;
      2. your Job Posting may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the position you are advertising). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
      3. your Job Posting may not contain Content that is intended to promote or incite violence;
      4. your Job Posting should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other Job Postings;
      5. Job Postings must be made using the English language. Content in any other language may be removed at our sole discretion;
      6. your Job Posting may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
      7. the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
      8. your Job Posting must be placed into the appropriate category;
      9. you must not impersonate other people or businesses;
      10. you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
      11. you must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
    2. Upstart Jobs does not screen or pre-approve any Job Postings submitted to the Website. However on notification from Users we may examine Job Postings and such Job Postings may be edited and/or removed from the Website.
    3. Upstart Jobs may edit your Job Posting to comply with the provisions of sub-Clause 6.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 6.1, your Job Posting may be removed and your Account may be suspended or terminated. You will be informed by email of the reasons for any such alterations or removals.
    4. In order to post a Job, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
      1. any information you submit is accurate and truthful; and
      2. you will keep this information accurate and up-to-date.
    5. By posting a Job you warrant and represent that you are the author of that Job Posting or that you have acquired all of the appropriate rights and / or permissions to submit it. Upstart Jobs accepts no responsibility or liability for any infringement of third party rights by such Job Postings or Content. Further, you waive all moral rights in the Job Posting to be named as its author and grant Upstart Jobs a perpetual licence to modify the Content as necessary for its inclusion on the Website.
    6. Upstart Jobs will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Job Postings, nor for any errors or omissions in Job Postings. Use of and reliance upon Job Postings is entirely at your own risk.
    7. Nothing in these Terms and Conditions shall grant Upstart Jobs any rights in or to any trade marks or any other intellectual property rights contained within your Job Posting or any part of it save for the right to display the same on the Website as part of your Job Posting until you or Upstart Jobs choose to remove that Job Posting.
    8. You acknowledge that Upstart Jobs may retain copies of any and all communications, information, Content and Job Postings sent to us or submitted to the Website.
  7. Use of Communications Facilities
    1. When using any System on the Website you should do so in accordance with the following rules:
      1. You must not use obscene or vulgar language;
      2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
      3. You must not submit Content that is intended to promote or incite violence;
      4. Submissions must be made using the English language. Content in any other language may be removed at our sole discretion;
      5. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
      6. You must not impersonate other people, particularly employees and representatives of Upstart Jobs or our affiliates; and
      7. You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
    2. You acknowledge that Upstart Jobs reserves the right to monitor any and all communications made to us or using our System.
    3. You acknowledge that Upstart Jobs may retain copies of any and all communications made to us or using our System.
  8. Accounts
    1. In order to procure certain Services on this Website you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
      1. all information you submit is accurate and truthful;
      2. you have permission to submit Payment Information where permission may be required; and
      3. you will keep this information accurate and up-to-date.
      Your creation of an Account is further affirmation of your representation and warranty.
    2. It is recommended that you do not share your Account details, particularly your username and password. Upstart Jobs accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
    3. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Upstart Jobs immediately to suspend your Account.
    4. When choosing your username you are required to adhere to the terms set out above in Clause 7. Any failure to do so could result in the suspension and/or deletion of your Account.
  9. Termination and/or Suspension
    In the event that any of the provisions of sub-Clause 6.1 or sub-Clause 7.1, above, are not followed, Upstart Jobs reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
  10. Privacy
    Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
  11. Disclaimer
    1. Upstart Jobs makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
    2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
    3. No part of this Website is intended to constitute a contractual offer capable of acceptance.
    4. Whilst Upstart Jobs uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
  12. Changes to the Service and these Terms and Conditions
    Upstart Jobs reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Upstart Jobs is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
  13. Availability of the Website and Modifications
    1. The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
    2. Upstart Jobs accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
    3. Upstart Jobs reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
  14. Limitation of Liability
    1. To the maximum extent permitted by law, Upstart Jobs accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
    2. Nothing in these Terms and Conditions excludes or restricts Upstart Jobs's liability for death or personal injury resulting from any negligence or fraud on the part of Upstart Jobs.
    3. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
  15. No Waiver
    In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
  16. Previous Terms and Conditions
    In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
  17. Third Party Rights
    Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Upstart Jobs.
  18. Communications
    1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@upstartjobs.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
    2. Upstart Jobs may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us.
  19. Law and Jurisdiction
    These Terms and Conditions and the relationship between you and Upstart Jobs shall be governed by and construed in accordance with the Law of Scotland and Upstart Jobs and you agree to submit to the exclusive jurisdiction of the Courts of Scotland.