PLEASE READ THESE TERMS AND CONDITION CAREFULLY BEFORE USING THE WEBSITES AND SERVICES
Last updated: August 2015
- Information about us
The “Websites” (as defined below) and Terms and Conditions are brought to “you” by TJS Education Limited and our applicable Affiliates. TJS Education Limited is registered in England and Wales under company number 9627774. References to “we“, “our” and “us” are references to TJS Education Limited. In these Terms and Conditions, “Affiliates” means, in relation to any party, any person or entity Controlling, Controlled by or under common Control with such party, for the time being; and for these purposes, “Control” means the power to direct or cause the direction of the management and policies of a party, whether directly or indirectly and whether through the ownership of voting securities, by contract, or otherwise, and the words “Controlling” and “Controlled” shall be construed accordingly.
- Use of our Websites
This legal notice applies to the entire contents of the Websites under the sole or joint control of TJS Education Limited and to any correspondence by email between us and you. Please read these Terms carefully before using any of the Websites listed. Use of the Websites indicates that you accept these Terms regardless of whether or not you choose to register with us. If you do not accept these Terms, do not use the Websites.
We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised. We will take reasonable steps to inform users of any changes and the date of such changes to these Terms and Conditions.
Your continued use of the Services (as defined below) or the Websites after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the Services or the Websites. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes.
- Terms and Conditions for all users
These Terms and Conditions apply to all of the registered Website domains:
- Use of your personal information
- The Services
Certain aspects of the Services may require you to register and provide information about yourself. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”), (b) that you are over the age of eighteen (18) and living in the World and (c) maintain and promptly update the Registration Data (by using the appropriate web-link https://talentedteacherjobs.co.uk/my-account/ We may terminate your account and any or all rights to the Websites, Services or licences granted if any information you provide is inaccurate, false, or incomplete or breaches these Terms.
If you use any Services on behalf of an Institution or a company, you hereby represent, warrant and undertake that:
- You are over the age of eighteen (18), living in the World and have all necessary power and authority to enter into and perform your and its obligations under these Terms and Conditions;
- You have taken all requisite corporate and other action to approve the entering into and performance of these Terms and Conditions and shall provide evidence of that action to us on request; and
- Once agreed and accepted, these Terms and Conditions will constitute legal, valid and binding obligations of and on such Institution or company you represent.
- You shall be responsible for all payment and invoicing for the paid Services
An “Institution” means any educational establishment that provides teaching and learning curriculum as its core functional remit and existence such as, without limitation, schools, Independent schools, School Groups, FE Colleges, HE universities and Local Authorities that have chosen to use the Services brought to you by us within the World.
- Member accounts, passwords and security
The registration processes on the Websites may involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorised use of your password or account and any other breach of security via the email: [email protected] and (b) ensure that you “log-off” from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
- Changes to our Websites
Please note that any of the content on our Websites may be out of date at any given time, and we are under no obligation to update it.We reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites and Services (or any part thereof) with or without notice.
We do not guarantee that our Websites, or any content on it, will be free from errors or omissions.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites or Services.
- Suspension and Termination
We will determine, in our sole discretion, whether there has been a breach of the Terms. When a breach has occurred, we may take such action as we deem appropriate.You agree that we, in our sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, your access to the Websites and/or the Services or any part of them or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Services, and may remove and discard any User-Uploaded Content, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. Where there is a breach of the Terms, the rights described in this paragraph are not our only remedy and we may take any other action we reasonably deem appropriate in connection with such breach as applicable in the law.
A breach of Terms may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Websites and Services.
- Immediate, temporary or permanent removal of any User-Uploaded Content uploaded by you to our Websites.
- Issue of a written warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
- Dealing with third parties, advertisers, suppliers and merchants
Your dealings with third parties such as advertisers, merchants and any other third party found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. To the fullest extent permitted by applicable law, you agree that: (a) we shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Services or the Websites; (b) any enquires placed by you, and any User-Uploaded Content and availability appearing on, the Services or the Websites are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant user; and (c) we do not endorse or adopt any of the advertisement web-links provided on our Websites.
- Links to other websites or resources
The Services may provide, or third parties may provide, links to other websites or resources. We have no control over these websites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
- Intellectual Property rights
Unless otherwise indicated, we are the owner or the licensee of all copyright, trademark rights and/or other intellectual property rights in the Websites and the Services (including any content made available through the Websites and/or the Services, database rights and the underlying source code) that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in and information presented to you through the Websites, Terms and Services is protected by third party copyrights, trademarks, service marks, patents or other proprietary rights and laws.
We reserve all intellectual property rights not otherwise granted under these Terms and Conditions.
- Use of Material
All information presented on this Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed by us.
We grant you a personal, non-transferable and non-exclusive right and licence to use the Websites and the Services for their intended purpose subject to your compliance with the Terms. This licence does not include the right to collect or use information contained on the Websites for any purpose not specifically listed in thes Terms, to compete with us, to create derivative works based on the content of the Websites, create a database or download or copy the Websites (other than page caching). If you use the Website in a manner that exceeds the scope of this licence or you breach these Terms and Conditions we may revoke the licence granted to you and take legal action against you..
You are prohibited from reproducing, copying, modifying, renting, leasing, loaning, selling, distributing, exploiting, extracting, creating derivative works of or otherwise communicating or making available to third parties any part of the content of this Website or the Services without our prior written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you. None of the above alters any rights granted directly to you under the terms of a Creative Commons licence in respect of any particular User-Uploaded Content, or alters any other rights you may have where other licence terms are explicitly expressed to apply to content or User-Uploaded Content.
You expressly acknowledge and agree that:
Your use of the Services and Websites, are at your sole risk. We have made every effort to ensure that the content on the Websites and made available through the Services is accurate and up-to-date and correct at the time of publication. However, the Websites and the Services are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness, quality or fitness for purpose of the content provided on the Websites or through the Services or that use of the Websites will be uninterrupted, virus-free or error-free. No responsibility is accepted by or on behalf of us for any errors, omissions or inaccurate information on the Websites or available through the Services.
The content on the Websites and made available through the Services is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, content of the Websites and Services do not address your particular circumstances and accordingly you should not rely upon the content of the Websites or the Services as a substitute for proper professional advice.
We are not responsible for how the content on the Websites or available through the Services is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Websites or available through the Services.
Any material obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from us shall create any warranty or other obligation not expressly stated in the Terms.
- Confidential Information
You acknowledge that any Confidential Information (as defined below) which you obtain by entering into these Terms and Conditions and the use of the Services constitutes the valuable, confidential, proprietary information of us and its licensors, and you agree that during the term of your use of the Services and thereafter you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorised under these Terms and Conditions or as required by applicable law.
For the purposes of these Terms and Conditions, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of us, our users and members, Affiliates, licensors and/or licensees that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, business opportunities designs, pricing, promotions, business plans, finances, personnel, research, development, know-how, trade-secrets, training materials, clients, methodologies, Website content belonging to others and other intellectual property.
- Limitations of Liability
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Websites; or
- use of or reliance on any content displayed on our Websites.
You expressly acknowledge and agree that we shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to; direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity. We will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Websites, Services and Terms for the following, but not limited to:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- any indirect or consequential loss or damage;
- loss or corruption of data, information or software; or
- loss of anticipated savings
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Websites or to your downloading of any content on it, or on any websites linked to it.
We assume no responsibility for the content of websites linked on our Websites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Nothing in these Terms shall affect the statutory rights or exclude or restrict any liability for fraud or for death or personal injury arising from our negligence or any other liability that cannot be excluded or limited by English Law.
- Your Liability to Us
You agree to indemnify and hold harmless us and our directors, employees, affiliates, contractors and agents from any third-party claims, actions, suits, judgments, losses, damages, costs and expenses (including reasonable professional fees) awarded against or incurred by us that arise out of or result from any act or omission by you including but not limited to; arising out of breach of contract or warranties as set out herein or relating to your infringement of any copyrights or trademarks or defamatory or libellous content posted.
If any of these are not complied with you will be in default and in addition to any and all other remedies available to us by law, including, without limitation, the right to hold you liable for including all fees, charges and expenses, we, at our option and to the extent permitted by law.
If you are in default you will be deemed to have granted and assigned to us and our affiliated companies, a continuing security interest of first priority in any property or money of our owing to such buyer in our possession or in the possession of any of our affiliated companies, and we may retain and apply such property or money as collateral security for the obligations due to us or to any affiliated company of ours.
Payment will not be deemed to have been made in full until collected and cleared in full.
- Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any related contract between you and us that is caused by any act, event, non-happening, omission or accident beyond our reasonable control (“Force Majeure Event“), including (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, fire, earthquake, war (whether declared or not) or threat or preparation for war, explosion, storm, flood, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; interruption or failure of utility service; including the impossibility of the use of public or private telecommunications networks; and/or the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these Terms and Conditions or any related contract between you and us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any related contract between us may be performed despite the Force Majeure Event. In the event that the Force Majeure continues for longer than four (4) weeks we reserve the right to cancel your advert and where applicable refund you monies pro-rata to the Services used during the non-Force Majeure period.
- Notice and disclaimer regarding email
E-mail is not a 100% virus-free or a secure medium. Any e-mail message from us, including any attachments transmitted with it, may contain legally privileged or private information. Such messages are intended solely for the use of the individual or entity to whom it is addressed. If you have received such a message in error, please notify the sender and delete it from your system. You should not copy, store or use such an email or any attachment(s) for any purpose, nor disclose their contents to any other person.
Whilst we scan all communications for viruses or other malicious software, we do not guarantee that any message is virus-free and accept no liability for any potential loss or damage that may arise as a result of receiving, storing and reading any message and any attachment(s). It is your responsibility to ensure that viruses do not adversely affect your system and that your messages to us meet your own security requirements. We reserve the right to read any e-mail or attachment entering or leaving our systems without notice.
- Content objections
If you object to the publication of any material including User-Uploaded Content made available through our Websites or Services, either because it is offensive or you think it might infringe your intellectual property rights or it is prohibited content, please let us know immediately. Examples of the types of abuse or other objectionable material including User-Uploaded Content include discrimination (for example based on religion, race or sexuality), classifiable content, offensive language or user-targeted attacks (such as harassment and bullying). In order to protect you, we operate a take-down notice system. If you object to anything on our Websites, please let us know by emailing us at: [email protected] or calling 0330 124 2022 explaining your concern and we will take whatever action we deem appropriate.
- Complaints about our Websites and Services
If you have any complaints about the Websites, we want to hear from you so we can improve our service. Please e-mail us at [email protected] and we will consider your comments carefully.
- General information
The Terms represent a contract between you and us, they (and any dispute or claim arising in connection with them or their subject matter or formation) shall be governed by and interpreted in accordance with the law of England and Wales, and we and you both irrevocably agree that any dispute or claim arising between you and us shall be adjudicated exclusively by the Courts of England and Wales, save if necessary, that we may enforce any judgment of such courts, in courts in any other jurisdiction in which you are located.
The parties agree that in interpreting a clause and/or the whole agreement the court should take these Terms as the most authoritative statement of the intentions of the parties notwithstanding any such strikeout, and that the court should endeavour to give effect to the parties’ intentions as reflected herein. Any term or terms which may be deemed unenforceable or unlawful and fall to be struck out, or otherwise disregarded by a court shall be done so without prejudice to the rest of the terms in the Terms.
Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.