The OilandGasBestJobs Terms and Conditions for Advertisers, incorporating Refund Policy
Please read this carefully because it sets out the terms of a legally binding agreement between you and OilandGasBestJobs.
These are the terms and conditions which govern the way in which advertisers, recruitment agencies and employers (“Advertisers”) may use the services offered on OilandGasBestJobs Site, which is OilandGasBestJobs.com (the “Site”). By accessing the Site and using the services available on the Site, you are agreeing to these terms and conditions. If you use the Site in the course of your business or work, you are also agreeing to these terms and conditions on behalf of that business. We only make these terms and conditions available in the English language.
If you do not agree with the terms and conditions (or are not authorised to do so on behalf of your business or work) you should not use the Site or the services available on the Site.
If you have any questions please contact email@example.com. We recommend that you print and save a copy of these terms and conditions for your records.
We strongly recommend that you read these terms and conditions in their entirety.
References in these terms and conditions to ”OilandGasBestJobs” (or ”we”, ”us” or ”our”) refer to the company operating the Site. See Section 11 below for details.
References in these terms and conditions to “you” and “your” refer to you as an Advertiser.
These terms and conditions were last updated on 21 January 2015 and replace all previous terms and conditions for Advertisers for the Site. OilandGasBestJobs may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices.
These terms and conditions govern the placement of job advertisements (“Advertisements”) on the Sites by you, and your use of the searchable databases of candidate information on OilandGasBestJobs.com (the “CV Databases”). The CV Databases allow you to search and view CVs, executive profiles, employment information and such other information provided by individuals interested in employment opportunities (the “Profiles”).
As between OilandGasBestJobs and you, all intellectual property rights in the Profiles available on the CV Databases are owned by OilandGasBestJobs. Provided that we have obtained an appropriate licence (consent) from users to make available the Profiles to you, we grant to you a non-exclusive, worldwide licence to use the Profiles acquired by you solely for employment and recruitment related activities. This licence shall terminate automatically upon termination of this Agreement or upon termination of the services offered on the Sites.
2. Access and Use of the Sites
Registration: You must register and open an account with us if you wish to use the Site. You will then be allowed to access the client area of the Site and access the CV Databases. You shall ensure that the details you provide to us upon registration are kept up to date at all times. You will be solely responsible for all activity occurring under your account. You will notify us immediately of any unauthorised use of any password or account or any other known or suspected breach of security.
OilandGasBestJobs reserves the right to suspend access to the Site via the password if it has reason to believe the password has been or is being used in an unauthorised way or by an unauthorised person.
Permitted Use: You are only allowed to use the Site and the material contained in the Site as set out in these terms and conditions. You may use the Site only:
if you are a bona fide recruitment agency or company interested in recruitment and employment, or looking to advertise job vacancies on the Site, or looking to recruit candidates for specific job vacancies; and for your bona fide recruitment and informational purposes only, and not for any other purpose; and to place advertisements for other products and services, to be accepted by OilandGasBestJobs in its discretion.
Use of the Profiles and the CV Databases: You warrant, represent and undertake to ensure that:
Access to the CV Databases: Access to the CV Databases may be granted to you for a fixed period of time.
The fees chargeable for access to the CV Databases will be made clear to you during the purchase process. Refunds may be granted at the discretion of the management.
Restrictions on Use: You cannot use the Site, the Profiles or any Candidate Information for any unlawful purpose, or other than as set out in these terms and conditions.
OilandGasBestJobs reserves the right, in its sole discretion, to refuse access to the Site to any person or class of persons for any reason including but not limited to inappropriate or excessive use or abuse of the Site or causing a nuisance to candidates, such reasons to be assessed by OilandGasBestJobs at its sole discretion.
3. Terms and conditions applicable to Advertisers and Advertisements displayed on the Sites
The OilandGasBestJobs Terms and Conditions of Advertising govern the placement of all Advertisements displayed on the Sites. By making a booking for the display of Advertisements on the Site, you are confirming that you have read, understood and agreed to the OilandGasBestJobs Terms and Conditions of Advertising and the terms and conditions as stated in these Terms and Conditions. You as an Advertiser will be classified as a “Buyer” (as defined) under the OilandGasBestJobs Terms and Conditions of Advertising.
Advertisers who display Advertisements on the Site assume all legal responsibility for those Advertisements. Advertisers are solely responsible for the content of the Advertisements displayed on the Site, including ensuring that the Advertisements are not misleading, are accurate and comply with applicable laws and regulations. OilandGasBestJobs is not responsible for the content of any Advertisements, including any error or inaccuracy in the Advertisements.
If you wish to advertise on OilandGasBestJobs.com , the client area of that Site will allow you to create and manage Job Advertisements that you wish to post on the Site. Your Job Advertisement will appear on OilandGasBestJobs.com . You shall be able to create Job Advertisements up to the number of Job Advertisements ordered by you and specified during the order process. Advertisements must be created on the Site using your account login and password and shall be in a fixed format dictated by OilandGasBestJobs Job Advertisements must include: (a) the Advertiser’s logo, which the Advertiser shall provide to OilandGasBestJobs (as a jpeg or gif file); (b) if required by the Advertiser, a logo of one of the Advertiser’s clients (if the Advertiser is a recruitment agency) or of a recruitment agency (if the Advertiser is a prospective employer), such logo to be provided to OilandGasBestJobs as a jpeg or gif file; (c) a full and accurate description of the position offered in the Advertisement. All Advertisements must comply with clause 3 of the OilandGasBestJobs Terms and Conditions of Advertising. OilandGasBestJobs will have, at its absolute discretion, the right to reject, refuse, omit, postpone, cancel, remove or make changes to the whole or any part of any Advertisement submitted for publication, or published, on the Site. OilandGasBestJobs will not refund to the Advertiser any fees paid in respect of an Advertisement which is not published or is removed from the Site. When creating a Job Advertisement the Advertiser shall provide the relevant search criteria information for the Advertisement (to enable users to search for Advertisements on the site) by ticking the appropriate boxes during the ad posting process. In addition, selected Advertisements which are placed by Advertisers on OilandGasBestJobs.com may also be posted by OilandGasBestJobs on third party sites and third party aggregator websites in order to drive responses and traffic to the OilandGasBestJobs.com site (at no additional cost to the Advertiser).
4. Our Responsibilities To You
A summary of what this section means: This section is important and you should read it carefully. It makes clear to what extent, if any, OilandGasBestJobs accepts responsibility (liability) to you for your use of the Site. It is not commercially possible for us to accept more responsibility for your use of the Site than set out in this Section 4.
Limitations of Site and Site content: The Site and Site content (including any Profiles accessed through the CV Database) is only for your general information and is not intended to address your particular requirements. In particular, the Site and the Site content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by OilandGasBestJobs. It is not intended to be and should not be relied upon by you in making (or refraining from making) any specific employment, engagement, or other decisions. Any agreements, transactions or other arrangements made between you and any candidate are at your own responsibility and entered into at your own risk.
What we promise: OilandGasBestJobs WILL TRY TO DEVELOP AND OPERATE THE SITES WITH REASONABLE SKILL AND CARE AND WILL USE REASONABLE EFFORTS TO PROMPTLY REMEDY ANY FAULTS OF WHICH IT IS AWARE. THIS IS THE ONLY PROMISE WE MAKE IN RELATION TO OUR PROVISION OF THE SITES.
What we do not promise: BY WAY OF EXAMPLE, THIS MEANS THAT THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT OilandGasBestJobs DOES NOT MAKE ANY PROMISES IN RESPECT OF THE SITE OR THE SITE CONTENT OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH THE SITE, OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM THE SITE. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, OilandGasBestJobs DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND DUTIES (EXCEPT ANY DUTIES OF GOOD FAITH) OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. OilandGasBestJobs ALSO DOES NOT MAKE ANY PROMISES AS TO THE TIMELINESS, SECURITY, PERFORMANCE OR AVAILABILITY OF THE SITE AND DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT THE SITE ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. OilandGasBestJobs FURTHER DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS TO THE ACCURACY OF ANY PROFILES, CVS AND OTHER INFORMATION SUBMITTED BY CANDIDATES OR OF ANY OTHER INFORMATION AVAILABLE ON THE SITES.
THE ABOVE DISCLAIMERS APPLY EQUALLY TO YOUR USE OF THE SITE AND ALL SITE CONTENT. WITHOUT LIMITING THE ABOVE, OilandGasBestJobs IS NOT LIABLE FOR MATTERS BEYOND ITS REASONABLE CONTROL. OilandGasBestJobs DOES NOT CONTROL THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER), THE INTERNET, ACTS OF GOD OR THE ACTS OF THIRD PARTIES. OilandGasBestJobs IS NOT LIABLE TO YOU (WHETHER SUCH LIABILITY ARISES DUE TO BREACH OF STATUTE, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR MISREPRESENTATION) FOR: (A) LOSS OF EARNINGS OR INCOME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, DAMAGE TO BUSINESS, LOSS OF DATA, LOSS OF GOODWILL; AND (B) ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONDEQUENTIAL LOSS OR DAMAGES OF ANY KIND.
Our financial responsibility to you: OilandGasBestJobs ACCEPTS NO RESPONSIBILITY (LIABILITY) TO YOU FOR ANY LOSS OR DAMAGE YOU MAY INCUR AS A RESULT OF (A) YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS; AND (B) YOUR USE OF THE SITES OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.
THE LIMITATIONS OF LIABILITY IN THIS SECTION 6 APPLY FOR THE BENEFIT OF OilandGasBestJobs, ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS.
Notwithstanding anything else in this Section 4, OilandGasBestJobs’s liability will not be limited in the case of death or personal injury directly caused by OilandGasBestJobs’s negligence in those countries where it is unlawful for OilandGasBestJobs to seek to exclude such liability.
Indemnity: YOU AGREE TO FULLY INDEMNIFY AND KEEP FULLY INDEMNIFIED THE OilandGasBestJobs, ITS DIRECTORS, AGENTS AND EMPLOYEES AGAINST ANY AND ALL LOSSES, LIABILITIES, COSTS, CLAIMS, DAMAGES, DEMANDS, EXPENSES AND FEES (INCLUDING BUT NOT LIMITED TO LEGAL AND OTHER PROFESSIONAL FEES) SUFFERED OR INCURRED BY OilandGasBestJobs ARISING OUT OF OR IN CONNECTION WITH: (A) ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, OR OTHER TERM CONTAINED IN THESE TERMS AND CONDITIONS OR IMPLIED BY LAW; AND (B) ANY THIRD PARTY CLAIM AGAINST OilandGasBestJobs (WHETHER BY A CANDIDATE OR OTHER THIRD PARTY) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE.
We may terminate this agreement with immediate effect if: (a) you breach any of these terms and conditions and (if it is possible to remedy the breach) you fail to remedy that breach within 7 days of written notice of the breach being given to you; or (b) you shall cease to carry on your business or shall have a liquidator, receiver or administrative receiver appointed to you or over any part of your undertaking or assets or shall pass a resolution for your winding up or a court of competent jurisdiction shall make an administration order or liquidation order or similar order, or you shall enter into any voluntary arrangement with your creditors, or you shall be unable to pay your debts as they fall due or any analogous event occurs to you in any jurisdiction.
6. Law and Jurisdiction
These terms and conditions are subject to Texas law. Both you and we agree that the courts of Texas (Houston city) will (subject to the final paragraph in this Section 6) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
For the exclusive benefit of OilandGasBestJobs and to the extent possible in the applicable jurisdiction, OilandGasBestJobs will retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.
You may not license or transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
Any payment information you send to us over the internet is encrypted using 128 bit Secure Socket Layer technology. SSL is currently the preferred method to securely transfer credit card data over the Internet.
By providing the services available on the OilandGasBestJobs Site, OilandGasBestJobs is not in any way acting in the capacity of an employment agency. The purpose of OilandGasBestJobs Site is not wholly to help individuals find employment, but to support non-executives by offering them a variety of networking opportunities and access to information to keep them up to date with corporate governance issues. OilandGasBestJobs does not introduce or supply candidates to Advertisers.
The services provided by OilandGasBestJobs are intended to help you find the work that you are looking for. OilandGasBestJobs does not however introduce or supply candidates to Advertisers. You will be charged fees for advertising on OilandGasBestJobs.com. OilandGasBestJobs does not have any authority to enter into contracts with candidates on your behalf.
8. Corporate Information
OilandGasBestJobs is the publisher of the Site, and its corporate details are as follows: registered office address is P.O. Box 1560 / Houston, TX 77251
9. Changes to Terms and Conditions
These terms and conditions were published on 21 January 2015 and replace with immediate effect all terms and conditions previously published.