These Terms of Use apply to the services offered on the upsarchandselection.com website by 'Up'. Please read these Terms of Use carefully before using the 'Up' website. Usage of the Up Searc and Selection website is conditional upon you agreeing to be bound by these terms and conditions.

Our services

Up Search and Selection offers a variety of services related to job placement and recruitment, including:

· Up Employer Search (acting as an Executive Agent)
· Up Executive Search and Selection
· Up Leadership Development,
· Up Outplacement,
· Up Career Management,
· Up Executive Packaging
· Up Coaching and
· Up Career profiling services

We reserve the right to modify or discontinue any service at any time without notice. 'Up' will not be held liable for any decision to modify or discontinue a service.

In addition to these Terms of Use, specific conditions may apply to each of these services. These will be notified to you at the time of subscription for the particular services and you must read our Terms and Conditions available upon request.

Use of website and material

You agree that you will use the 'Up' and Search website in accordance with this Agreement and that you will not re-sell any services from this website unless specifically authorised by 'Up'. You will not use the website for any unlawful purpose. You will not violate or attempt to violate the security of the website. Up sources jobs for their members from a variety of sources including but not limited to those in the hidden market (unadvertised roles) as well as those advertised by other talent agents or employers direct. At times the employers may not be known to Up initially. Job opportunities advertised on our website may come from either source or others.

Accuracy of information you submit

You agree that the information including resume and job advertisement information which you provide to 'Up' and Search is accurate and is not misleading. You also accept that you have the responsibility for updating any personal information provided to 'Up'. You indemnify us for any loss, including costs and expenses, to 'Up' arising from false or misleading information which you have provided to us.

Offensive content

You agree that you will not place anywhere on the website, any material which is offensive, defamatory, pornographic, or unlawful, or any material which creates a liability or infringes another person's rights.

Copyright and trade marks

All intellectual property rights in any material or content displayed on the Up Search and Selection website, including without limitation trade marks, copyrights, or trade names belong to 'Up', its affiliates, or licensors, and are used with their owner's permission. Other than viewing and downloading content from the website for purposes permitted on the website, you do not have the rights to use these intellectual property rights without the written permission of their owner.

Third party links

Up Search and Selection is not responsible for the content or conduct of any website linked to or from our website. While we may provide the links to these websites, the links are for your convenience only and are not a guarantee or endorsement of those websites or services.

Termination

Up Search and Selection reserves the right to terminate the membership or registration of any user at any time, or to cease providing services. Membership T&Cs apply and are available to qualifying Members.

Exclusion of Warranties

Up Search and Selection makes no warranties or representations as to the continued availability of the website, or the accuracy, reliability, completeness or timeliness of the content of the website, or that services will be uninterrupted, timely, secure or error free, or as to results that can be gained from use of the services.

Except for any implied condition, warranty or representation, the exclusion of which would contravene any statute or cause this clause to be void and as otherwise expressly stated in these Terms of Use, 'Up' makes no express or implied warranties to you and expressly excludes all warranties, conditions and terms implied by statute, general law, international convention or custom, including without limitation any and all implied warranties with respect to merchantability, fitness for purpose, title and non-infringement.

Limitation of liability

Except as provided by law, 'Up' will not be liable for any loss or damage suffered as a result of the use of this website or for any loss as a result of your failure to use the website, including without limitation your failure to complete an application or respond to an employment opportunity in time.

You agree that our liability to each other at law will be reduced by the extent, if any, to which the other party contributed to the loss.

Terms of Use subject to change

Up Search and Selection aims to be a leading provider of executive search and selection, and employer search services for employers and executive candidates. As a result, our business is changing rapidly. We reserve the right to amend the Terms of Use at any time to reflect our current range of services and policies.

The Terms of Use will be amended by posting an updated version on the website. If you are using our services we encourage you to review the policies governing the use of the website on a regular basis. If you object to any changes you may discontinue your use of the services. The amended Terms of Use will apply between us whether or not we have given you specific notice of any change.

Governing law

The Terms of Use for use of this website are governed by and construed in accordance with the Federal laws. In the event that any of the Terms of Use are found to be unenforceable under Federal law, this will not affect the remainder of the Terms of Use.

Events outside of our control

Up Search and Selection will not be in breach of obligations under these Terms of Use to the extent that any failure or delay in performing its obligations occurs because of an event or circumstance which is outside Up Search and Selection's reasonable control including without limitation, any act of God, war and other hostilities, fire, flood, strikes, lock-outs, delays in transport, breakdowns in machinery, or restrictions or prohibitions or any other acts by any government or semi-government authority.

Privacy Policy

The Privacy Policy forms part of these terms and conditions, and by agreeing to the Terms of use you also agree to the Privacy Policy.

Business Terms

The Business Terms form part of these terms and conditions, and by agreeing to the Terms of Use you also agree to the Business Terms available upon request.

Acceptable Use Policy

You must only use the services provided through this website for their intended purpose. You must not use the services provided by this website to:

· send, upload or otherwise make material available that is illegal or obscene, defamatory, harassing, abusive, tortious, hateful, invasive of a person's privacy, or racially or otherwise objectionable, discriminatory or offensive;
· fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, a 'Up' representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
· disguise the origin of any material transmitted through the services provided by the website (whether by forging message/packet headers or otherwise manipulating normal identification information);
· send, upload or otherwise make material available which infringes any intellectual or industrial property right of any person (such as material that infringes copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party);
· send, upload or otherwise make material available containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorised advertising;
· send, upload or otherwise make material available containing viruses, trojans or any other material designed to impair, destroy or interrupt the performance of any hardware or software;
· collect, whether aggregated or otherwise, data about other users of the services;
· violate any applicable laws, whether intentionally or otherwise, or send, upload or otherwise make material available which you are not entitled to make available by law (whether by legislation or under a contractual, or fiduciary obligation or otherwise)