Terms & conditions

WEBSITE TERMS AND CONDITIONS OF USE FOR RECRUITERS AND EMPLOYERS

 Introduction

 TradeWinds Jobs is a sub brand for the recruitment advertising business of the maritime news provider TradeWinds AS (TradeWinds). The website www.tradewindsjobs.com is operated by TradeWinds AS who are registered in Norway at Christian Krohgs gate 16, 0186 Oslo, Norway. Registered VAT no. 937 593 821. 

 For visitors and candidates

 By using the TradeWindsJobs website, you are deemed to have accepted these Terms and Conditions.
 
Content

TradeWindsJobs is providing this site on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, TradeWindsJobs makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. Specifically, we do not warrant: (1) that any functions on this website will be uninterrupted or error free or (2) that this website or the server that makes it available, are free from bugs, defects or viruses.

The information contained in this site may contain technical inaccuracies or typographical errors. TradeWindsJobs expressly excludes liability to the fullest extent permitted by law howsoever arising (whether in contract, tort or negligence) for any such inaccuracies or errors.

CV and content standards

The following standards apply to any and all content which you contribute to this website. All content should not:

contain any material which is obscene, offensive or hateful
promote sexually explicit material
promote violence
promote discrimination based on race, sex, religion or belief, nationality, disability, sexual orientation or age
infringe any copyright, database right, trade mark or other intellectual property right of any other person
be made in breach of any legal duty owed to a third party such as a contractual or other duty
promote any illegal activity
be used to impersonate any person or to misrepresent your identity
contain viruses, malware, spyware, adware or any other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware
You will indemnify us against all claims, losses and damages arising as a result of any breach of any provision or provisions of this section on CV and content standards.
 
By submitting your CV you grant us a royalty-free, irrevocable, worldwide licence for us to use or authorise others to use it as necessary to facilitate the provision of the services offered on this website.

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 unauthorised use of your credentials. This can be done by sending an email to help@tradewindsjobs.com

Liability

To the fullest extent permitted by law neither TradeWindsJobs nor 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 TradeWindsJobs, 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: TradeWindsJobs 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

TradeWindsJobs 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. TradeWindsJobs 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 TradeWindsJobs 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 TradeWindsJobs is strictly prohibited.

Trade marks

The TradeWIndsJobs and TradeWInds logos are owned by TradeWInds. All other trade marks, product names and company names or logos cited herein are the property of TradeWinds. No permission is given by TradeWinds in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

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 TradeWindsJobs 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 TradeWIndsJobs which allows recruiters to view, search, purchase and access CVs of candidates held on the TradeWindsJobs Candidate database (the " TradeWindsJobs Candidate database") via the Website.

As between TradeWindsJobs and you, all intellectual property rights and all other rights in the CVs and the TradeWindsJobs Candidate database shall be owned by and are retained by TradeWindsJobs or its licensors. Subject to paragraph 6 below, when you use the CVmatch Service, TradeWindsJobs 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 TradeWindsJobs are required to terminate this Agreement under paragraph 34 or this Agreement ends, this licence 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 TradeWindsJobs with a licence on such terms as will entitle TradeWindsJobs to licence their CV on to you.

The Job Match Service

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

General Terms Regarding Access to the Services:

TradeWindsJobs 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 TradeWindsJobs and TradeWindsJobs 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, TradeWindsJobs 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 TradeWindsJobs 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-licence, 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-licence, 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 TradeWindsJobs Candidate database;

d. Your use of the Services will not be prejudicial to the image or reputation of TradeWindsJobs, 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.

SPECIFIC TERMS RELATING TO THE CVMATCH SERVICE 

Your Use of the CVmatch Service

You will not be able to view the CVs of any candidates unless you have created a new account or logged into your existing account on the Website. You will be able to view the public profile of the candidates CVs on the TradeWindsJobs Candidate database. Once you have logged into your account you will only be able to view a candidate's contact details after you have been given access to the candidate's CV and if you have received the relevant permission (where applicable). You will also be able to view CVs you previously have access to via your account.

TradeWIndsJobs will deem fit as to how they wish to provide access to candidates CVs by way of their current business model. To gain access to a candidate's CV you will need permission from TradeWindsJobs this will either be way of free CV access credits, or by submitting payment by means of a valid credit or debit card or you will need to set up an invoiced account before your payment can be processed.

The applicable rates for individual CVs and/or bundles of CVs are set out in the rate card as at the date of purchase, save where other rates have been expressly agreed between you and our sales team either in writing or over the telephone, using the contact details provided on the Website.

Please note that refunds are not available in respect of CVs purchased using the CVmatch Service.

SPECIFIC TERMS RELATING TO THE JOBMATCH SERVICE

Your Use of the Jobmatch Service

All Advertisements provided to TradeWIndsJobs will be only be accepted by TradeWindsJobs provided you have complied with the provisions of paragraphs 19 and 20 below.

Under the Jobmatch Service TradeWindsJobs will send your Advertisement to candidates we have selected on our TradeWindsJobs Candidate database who match your specified criteria. Please note that we cannot guarantee that such candidates will respond to your Advertisement.

The applicable rates for using the Jobmatch Service are set out in the rate card as at the date of purchase save where other rates have been expressly agreed between you and our sales team either in writing or over the telephone, using the contact details provided on the Website.

SPECIFIC TERMS RELATING TO THE ADVERTISING SERVICE

Access to the Advertising Service:

TradeWindsJobs allows you access to the Advertising Service on the basis that, in addition to the provisions of the terms above and the Advertising Terms, you will or you will ensure that the advertising agency or media buyer responsible for your advertising will:

a. be responsible for uploading your Advertisements. The publication of any Advertisement remains at TradeWindsJobs’ sole discretion and TradeWindsJobs reserves the right without liability to you to make additions, amendments or deletions to the content of any Advertisement if such Advertisement is considered to contain any unsuitable material or material which is contrary to these Terms;

b. grant us a non-exclusive, perpetual, royalty-free, worldwide licence to publish the Advertisements in any format, including without limitation print and electronic format; and

c. grant TradeWIndsJobs a royalty fee non-exclusive licence to publish the Advertisements and to use such of your names, trade marks and/or logos as TradeWIndsJobs may consider necessary in connection with the publication of the Advertisements.

Your Use of the Advertising Services:

All Advertisements provided to TradeWIndsJobs will be only be accepted by TradeWindsJobs provided you have complied with the provisions Following: In addition to the provisions in the Advertising Terms you hereby warrant, represent and undertake to TradeWIndsJobs that, in addition to the provisions of paragraph 9 above, you will or you will ensure that the advertising agency or media buyer responsible for your advertising will:

a. be responsible for ensuring that all information in relation to any Advertisement is correct including the content of the Advertisement, the duration for which the Advertisements should be available on the Websites and the categorisation of the Advertisement;

b. not request bank details of financial information from jobseekers responding to an Advertisement.

In addition to the provisions in the Advertising Terms you hereby warrant, represent and undertake to TradeWIndsJobs that:

a. the Advertisements are not contrary to the provisions of any applicable law or regulation, are not libellous, blasphemous, racially inflammatory, offensive or obscene in any way and do not contravene any third party rights (including without limitation any intellectual property rights);

b. you have or will have obtained prior to uploading any Advertisements all necessary rights, consents, licences, clearances and waivers in relation to the Advertisements (and all content thereof) to enable TradeWIndsJobs to publish the Advertisements on the Websites and, as between TradeWIndsJobs and you, you shall be solely responsible for any and all payments due to third parties as a result of such publication;

c. nothing contained in the Advertisements will constitute an invitation or inducement to engage in investment activity within the meaning of the Financial Services and Markets Act 2000;

d. all Advertisements submitted by you for publication online will be free of any viruses (meaning any computer code, programming instruction or set of instructions that is intentionally and specifically constructed with the ability to damage, interfere with or otherwise adversely affect computer programs, data files or hardware) and no Advertisement shall cause any adverse effect in the operation of the Websites such that the whole or part of such sites shall be wholly or partially unavailable to users;

e. you will not send directly or indirectly, a cookie (meaning a packet or piece of data or other information sent by a web server to a client device, to be stored on that client device and which is sent back to that web server each time the client device makes additional requests from that web server) to the device of any user of the Website irrespective of whether any such device has been enabled by such user to receive cookies;

f. the reproduction and/or publication of the Advertisement by TradeWIndsJobs as originally submitted or as amended will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render GNM liable to any proceedings whatsoever;

g. any information supplied in connection with the advertisement is accurate, complete and true;

h. in respect of any Advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, you have obtained the authority of such living person to make use of such name, representation and/or copy;

i. in relation to any investment Advertisement, you are, or its contents have been approved by, an authorised person within the meaning of the Financial Services Act 1986, or the Advertisement is otherwise permitted under that act;

j. the Advertisement complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities) for the time being in force or applicable in the United Kingdom; and

k. all advertising copy submitted to TradeWIndsJobs is legal, decent, honest and truthful and complies with the British Codes of Advertising and Sales Promotion and all other relevant codes under the general supervision of the Advertising Standards Authority.

The applicable rates for Advertisements are set out in the rate card as at the date of purchase, save where other rates have been expressly agreed between you and our sales team either in writing or over the telephone, using the contact details provided on the Website.

TradeWIndsJobs reserves the right in its sole discretion and without liability to you to remove or reject any Advertisement that it considers unsuitable or contrary to these Terms and to remove or reject any Advertisement if you, or the advertising agency or media buyer responsible for your advertising, have not paid any sums due for any advertising on the Website. You shall remain liable for all sums due to TradeWIndsJobs in respect of the Advertisements. Any acceptance of an Advertisement by TradeWIndsJobs shall not be deemed to constitute an acceptance by TradeWIndsJobs that such Advertisement is provided in accordance with these Terms and shall not constitute a waiver of TradeWIndsJobs ' rights hereunder.

In respect of any Advertisement cancelled by you after the Advertisement has been uploaded, you will be liable for the full cost of the Advertisement.

FURTHER GENERAL TERMS

Payment

You will be required to make payment either through your invoiced account or by credit/debit card at the time you purchase one of the Services (unless you purchase credits on the Website in respect of the CVmatch Service). Payment is subject to TradeWIndsJobs’ payment terms which are: all new customers will be required to prepay unless credit terms have been approved following a satisfactory credit check.


Right of Audit

You shall, on request, provide TradeWIndsJobs and TradeWIndsJobs 's auditors with all reasonable assistance and with access to your relevant personnel, premises, systems and records relating to this Agreement as may be reasonably required in order to verify your compliance with the Terms.

TradeWIndsJobs shall provide at least two (2) working days' notice to you of TradeWIndsJobs 's intention to conduct an audit.

Indemnity

You will indemnify TradeWIndsJobs and agree to keep TradeWIndsJobs indemnified on demand against all claims, costs, proceedings, demands, losses, damages, expenses or liability (including without limitation any consequential losses or loss of profit and any legal fees) whatsoever arising directly or indirectly as a result of any breach or non-performance or non-observance of any of the representations, warranties or other terms contained herein or implied by law in accordance with these Terms.


Termination

In addition to TradeWIndsJobs 's rights above. TradeWIndsJobs may terminate your access to one or all of the Services with immediate effect if:

a. you are in material breach of these Terms and you fail to rectify such breach within 7 days of our notifying you of your material breach; or

b. you become insolvent (including being unable to pay your debts as they fall due and/or that the value of your assets is less than the amount of your liabilities taking into account your contingent and prospective liabilities), proposes an individual, company or partnership voluntary arrangement, have a receiver, administrator or manager appointed over the whole or any part of your business or assets; if any petition shall be presented, order shall be made or resolution passed for your winding up (except for the purpose of a bona fide amalgamation or reconstruction), bankruptcy or dissolution (including the appointment of provisional liquidators/interim receivers or special managers); if you shall otherwise propose or enter into any composition or arrangement with your creditors or any class of them, if you ceases or threatens to cease to carry on business or if you claim the benefit of any statutory moratorium.

Consequences of Termination

TradeWIndsJobs terminate your access to the CVmatch Service you will or you are in material breach of the Terms and you fail to rectify such breach within 7 days of our notifying you of your material breach:

a. Return all soft and hard copies of candidates' CVs in your possession and acquired by you from the CVmatch Service to TradeWIndsJobs within 2 days of receiving notification of termination; or

b. At TradeWIndsJobs 's request destroy all soft and hard copes of candidates' CVs in your possession and acquired by you from the CVmatch Service and provide to TradeWIndsJobs a certificate of destruction signed by one of your directors confirming such destruction, within 7 days of receiving notification of termination.

Data Protection

As a recruiter or employer with TradeWIndsJobs, your details will be entered onto our customer database. We will use your details to communicate information about TradeWIndsJobs services. If you do not wish to receive information about TradeWIndsJobs services including changes to pricing and processes, you can unsubscribe by emailing us at help@tradewindsjobs.com

TradeWIndsJobs are committed to protecting your privacy and comply with the 1998 Data Protection Act. We will not share your details with others without your prior consent.

General

If any term under these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect. If any provision of these Terms is so found to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid.

Except insofar as this Agreement expressly provides that a third party may in his own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

To the extent that the Employment Agencies Act 1973 and/or the Conduct of Employment Agencies and Employment Business Regulations 2003 apply to the Services, TradeWIndsJobs acts in the capacity of an employment agency. TradeWIndsJobs will not however introduce or supply candidates to you and nor does TradeWIndsJobs have authority to act on your behalf. Details of all fees payable are set out above.

These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted. Details of variations will be posted below. You will be deemed to have accepted a variation to these Terms if you continue to use the Website and/or one or more of the Services after a variation has been made.

You may not resell, assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with this contract or any other rights under this contract or sub-contract any and all of its obligations under it or purport to do any of the same. Any attempt to do the foregoing shall result in immediate termination of your right to use the Services, and payment of any and all amounts due hereunder without liability to GNM and without prejudice to its other rights and remedies. Any purported assignment in breach of this paragraph shall confer no rights on the purported assignee.

This Agreement shall be governed by and construed in accordance with English law and each party irrevocably submits to the exclusive jurisdiction of the English courts.