"User" means the Portal Member who has signed up to use the Portal and its Services.
"Business Day" means any day which is not a Saturday, Sunday or bank or public holiday in the UK.
"Confidential Information" means information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 10.
"Effective Date" means the date on which the Portal member signed up to use the Portal subject to these Conditions is accepted by www.FlamePost.com
"IOR" means the Institute of Recruiters, the operator of the Portal, registered in England and Wales with company no. 07575583 and with its registered office and main place of business at 76 Manchester Road, Denton, Manchester, M34 3PS.
"Intellectual Property Rights" patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other Intellectual Property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
"FlamePost" means the Portal located at www.FlamePost.com operated by the Institute of Recruiters registered in England and Wales with company no. 07575583 and with its registered office and main place of business at 76 Manchester Road, Denton, Manchester, M34 3PS.
"Normal Business Hours" means 9.00 am to 5.00 pm local UK time, each Business Day.
"Portal" means the Portal located at www.FlamePost.com operated by the Institute of Recruiters registered in England and Wales with company no. 07575583 and with its registered office and main place of business at 76 Manchester Road, Denton, Manchester, M34 3PS.
"Portal Member" means a subscriber or free trial member who has registered to use the Portal in accordance with these Conditions.
"Portal Member Data" means the data inputted by the Portal Member, Authorised Users, or www.FlamePost.com staff on the Portal Member's behalf for the purpose of using the Portal and/or facilitating the Portal Member's use of the Services.
"Posting" means a posting of any data whatever made by a Portal Member on the Portal. The content of all Posting shall be in accordance with the fields and requirements of the Portal.
"User Subscriptions" means the Personal Memberships purchased by a Portal Member as part of its Portal user package.
"Virus" means anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
IOR shall have no liability to the Portal Member under these Conditions if it is prevented from or delayed in performing its obligations under these Conditions, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of IOR or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Portal Member is notified of such an event and its expected duration.
Nothing in these Conditions is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Except for the obligations owed by the Portal Member to other Portal Members as set out in clause 5, these Conditions do not confer any rights on any person or party (other than the IOR and Portal Member and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.