Last updated: August 2015
- Information about us
Our Terms and Conditions Collectively the “Terms”.
whether as a guest or a registered “Member” (defined below). Use of our Websites includes accessing, browsing, or registering to use 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.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
- Changes to our Websites
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.
Please note that any of the content on our Websites may be out of date at any given time, and we are under no obligation to update it.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 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.
- Accessing our Websites
Our Websites are made available free of charge for the “Bronze” Service, but payment is required for Members to use the “Silver” and “Gold” Services of the Websites.
We do not guarantee that our Websites, or any content on it, will always be available or be uninterrupted. Access to our Websites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Websites without notice. We will not be liable to you if for any reason our Websites is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Websites.
In order to upload User-Uploaded Content (as defined below) we will 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 our Terms and Conditions.
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 will constitute legal, valid and binding obligations of and on such Institution or company you represent.
An “Institution” means any educational establishment that provides teaching and learning curriculum as its core functional remit and existence such as, without limitation, schools, School Groups, FE Colleges, HE universities, Independent Schools and Local Authorities that have chosen to use the Services brought to you by us within the World.
- Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected] and put “Account” in the title of the email.
Within the Websites we provide a “Bronze”, “Silver” and “Gold” service (collectively the “Services”). To become a “Member” you must be over eighteen (18) years old and living in the World to subscribe to the Services and you will be asked for personal details including your date of birth. By becoming a Member this will enable you to upload User-Uploaded Content. The cost for Membership will be on the Websites (as amended from time to time).
- Member Acceptance of Terms
Your use of the Websites and registration of an account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the Terms, and to pay for such Services. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on our Websites, including notices of cancellation, policies, contracts, and applications.
Once you have filled in the Registration Data and then:
- if you are using the Bronze Service you can upload your User-Uploaded Content.
- if you are using our Silver or Gold Service then subject to contract and payment being cleared in our account you can upload your User-Uploaded Content.
We will notify you via email if for whatever reason your User-Uploaded Content cannot be uploaded on to our Websites.
All User-Uploaded Content will be posted on our Websites for a maximum of six (6) weeks. You may resubmit your User-Uploaded Content after the maximum of six (6) weeks for 50% less than the original fee , however, any abuse of this will cause the Member account to be shut down by us at our sole discretion.
- Payment, Invoices and Late Payment
Payment for our Services can be made via our Websites. All payment is inclusive of VAT (where applicable) at the applicable current rate chargeable in the UK. You can only pay using debit or credit card Visa, MasterCard, Maestro and PayPal and as those accepted by our payment provider Woo Commerce http://docs.woothemes.com/document/pci-dss-compliance-and-woocommerce/ We do not accept payment from American Express or Diners Club card. If you are an Institution we can issue you an invoice. All invoices must be paid from thirty (30) calendar days from issue of the invoice. Any late payment of our invoices will incur a late payment fee of ten percent (10%) interest per advert and we reserve the right to take further action including without limitation the taking down of any or all of the adverts from the debtor.
- Cancellation and Distance Selling
If you are a consumer, you have a legal right to cancel the payment under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This means you have the rights to cancel the payment within fourteen (14) calendar days starting from the day we receive payment from you. You can cancel the payment by contacting us via telephone 0330 124 2022 or via email [email protected] (and put the word “Cancellation” in the email title) during the relevant time period. We will acknowledge your cancellation via the email address you provided to us. Please note that if your User-Uploaded Content has been uploaded to our Silver or Gold Service during the fourteen (14) calendar days cooling off period you will be charged for the Service. Advice about your legal right to cancel the payment under these regulations is available from your local Citizens’ Advice Bureau if you are a United Kingdom resident. If you are not a United Kingdom resident, you should take local legal advice.
Subject to clause above, you will receive a full refund of the price you paid if you did not upload the User-Uploaded Content to our Silver or Gold Service during the fourteen (14) calendar days cooling off period. We will process the refund due to you on the credit card or debit card you used to pay for the Service, Once we receive the cancellation email from you and subject to you not having posted any User-Uploaded Content, you will receive the refund within fourteen (14) calendar days.
- User-Uploaded Content Conduct
On any pages of the Websites where you are able to upload materials, these pages are provided for the exchange of lawful, relevant, fair and appropriate information. You acknowledge that all information, data, messages, documents and materials uploaded or contributed to our Websites (“User-Uploaded Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User-Uploaded Content originated. We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any User-Uploaded Content placed on our Websites by any of our users.
Although we generally do not “pre-screen” User-Uploaded Content we endeavour to review the User-Uploaded Content for anything that is defamatory, offensive, indecent or objectionable. We have the right (but not the obligation) to monitor all User-Uploaded Content on the Websites. If we determine, in our sole discretion, that you or another user have breached these Terms and Conditions or that any User-Uploaded Content is inappropriate or otherwise objectionable, we may refuse to accept or may remove any User-Uploaded Content from the Websites, without any liability to you or a third party.
You acknowledge that by using the Services, there is a risk that you may be exposed to User-Uploaded Content that you may find defamatory, offensive, indecent or objectionable.
You warrant that your User-Uploaded Content must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Not promote your business or products on our Websites.
- Collect or store personal information obtained from our Websites
You should be aware that a party aggrieved by your User-Uploaded Content (for instance, because it is defamatory or infringes another party’s rights) may take legal action against you. This could result in your identity being disclosed, and you having to pay compensation, to the aggrieved party. If you read/see some User-Uploaded Content that you find offensive please contact us via email [email protected] or telephone 0330 124 2022.
You warrant and agree not to use the Services to upload, post, email, PM (personal message) or otherwise transmit any User-Uploaded Content that:
- you do not have a right to transmit or that infringes the intellectual property rights of any party;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- intentionally or unintentionally violate any applicable local, national or international law or regulation;
- is unlawful, threatening, abusive, hateful, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, racially, ethnically or otherwise discriminatory;
- is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect including but not limited to impersonate any person or entity, including, but not limited to, us, our staff, or misrepresent your affiliation with a person or entity;
- amounts to unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “pyramid schemes”, “chain letters” or prohibited marketing content including (but not limited to) illicit marketing to children;
- contains software viruses or any other computer code, files or programs that (i) interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or (ii) negatively affect a user’s ability to access and use the Services;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Uploaded Content transmitted through the Services;
- harm or attempt to harm minors in any way;
- collect or store personal data about other users on any of our Websites;
- use data mining, scraping, robot, spider or similar automated data gathering, extraction or publication tools for any purpose;
- advertise any job vacancies in any area (other than through a Website which is clearly designated as a recruitment service); and/or
- breach any license you have been granted to make use of any User-Uploaded Content.
You also warrant and agree:
Not to access, interfere with, damage or disrupt:
- any part of our Websites;
- any equipment or network on which our Websites are stored;
- any software used in the provision of our Websites; or
- any equipment or network or software owned or used by any third party.
- Warning for International use
The Websites are designed to be compliant with applicable laws and regulations of England and Wales and are intended for use only by users resident in the United Kingdom. Due to the global nature of the Internet, users from all over the world may have access to the Websites. If you are resident in a country outside of the UK you use the Websites at your own risk.
- Licences to User-Uploaded Content uploaded by you
When you upload User-Uploaded Content to our Websites you will (assuming you are the original owner of the content) retain all intellectual property rights that you own in such content and will have the ability to amend or remove it as you see fit. For the avoidance of doubt, ownership of your content will not transfer to us or any user of our Websites at any time by reason of your contribution of content to our Websites. However, any breach of clause 13 above, we reserve the right to amend or remove such content at our sole discretion and at no liability to you.
To enable us (and our users) to make use of such User-Uploaded Content, you grant us (and our users and third parties) a non-exclusive in-perpetuity, sub-licensable, worldwide, fully paid-up, royalty-free, perpetual and irrevocable licence to use your User-Uploaded Content. We require that you waive your rights to and give us a licence (to use, reproduce, publish, create derivative works from, distribute and display such User-Uploaded Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology) of any such intellectual property rights that arise, so that we can take appropriate steps to ensure other users benefit from them and/or are not unduly constrained by them. In the event that you remove your User-Uploaded Content from our Websites, from the date of such removal, the licence(s) granted to us above will be deemed to have terminated. You warrant that you have the right to upload the User-Uploaded Content and grant the rights set out above. If you do not own or do not want us to use your User-Uploaded Content do not upload it to our Websites.
- Your use of other parties’ User-Uploaded Content
Certain parts of our Services enable you to use other parties’ User-Uploaded Content within our Websites. You agree that your use of the Services in such manner does not entitle you to any intellectual property rights in or in connection with other parties’ User-Uploaded Content that you so use. To the extent that any intellectual property rights (including any database or other similar right and any moral rights thereto) exist or arise as a result of your use of other parties’ User-Uploaded Content in such manner (“Arising Database IP”), you agree (i) that ownership of such Arising Database IP shall automatically vest in us, and that you waive all right, title and interest that you may obtain or have obtained in or to such Arising Database IP; and (ii) if you are required to do so by us, that you shall do all things reasonably necessary to confirm us a the owner of such Arising Database IP.
- General Practices regarding use and storage
You agree that we have no responsibility or liability for the deletion or failure to store any User-Uploaded Content maintained or transmitted on our Websites. You acknowledge that we reserve the right to de-activate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice.You acknowledge that we have general practices and limits concerning use of the Services, including without limitation the maximum number of days that User-Uploaded Content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. This is set out in our Bronze, Silver and Gold Service as detailed in the Websites.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access our Websites, and/or (c) to use, edit, browse, download or transfer any materials on our Website, including any User-Uploaded Content.
You are solely responsible for all information received via your User-Uploaded Content. We are solely a “hosting page” and have no liability or responsibility for the information including but not limited to personal information you receive due to your User-Uploaded Content. It will be your sole responsibility and liability to vet all candidates who contact you including but not limited to:
- Identity checks
- Disclosure and Barring Service (DBS check)
- Eligibility to work in the UK
- General Teaching Council (GTC) check
- Fit to work (medical records, if necessary).
If you do not receive any candidates from your User-Uploaded Content after the maximum six (6) week posting, then we can offer you a paid Service where one of our associate third parties Capita Education Resourcing, Monarch Recruitment or Quality Teachers will endeavour to source you suitable candidates (“Enhanced Services”). You will be charged directly by the third parties for this service and he hold no responsibility for such third party services.
- Suspension and Termination
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.
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.
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.
- Intellectual Property rights
Unless otherwise indicated, we are the owner or the licensee of all copyright, trade mark 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 and Services could be 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 these Terms. This licence does not include the right to collect or use information contained on the Websites for any purpose not specifically listed in the 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 the Terms 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.
- No reliance on information
The content on our Websites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Websites.
Although we make reasonable efforts to update the information on our Websites, we make no representations, warranties or guarantees, whether express or implied that the content on our Websites is accurate, complete or up-to-date.
- Limitation of our 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.
- User-Uploaded Content Liability
You warrant that your User-Uploaded Content complies with the Terms, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We also have the right to disclose your identity to any third party who is claiming that any User-Uploaded Content uploaded by you to our Websites constitutes a violation of their intellectual property rights or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any User-Uploaded Content posted by you or any other user of our Websites.
The views expressed by other users on our Websites do not represent our views or values.
We do not guarantee that our Websites will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Websites. You should use your own virus protection software.
You must not misuse our Websites by knowingly introducing or transmit any data, send or upload any material that contains viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or any other material which is malicious or technologically harmful to software or hardware. You must not attempt to gain unauthorised access to our Websites, the server on which our Websites is stored or any server, computer or database connected to our Websites. You must not attack our Websites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Websites will cease immediately.
- Linking to our Websites
You must not establish a link to our Websites in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Websites in any other websites.
Our Websites must not be framed on any other websites, nor may you create a link to any part of our Websites.
If you wish to make any use of content on our Websites, please contact [email protected] and put in the email title header “Website Use” in the subject matter.
- Third party links and resources in our Websites
Where our Websites contains links to other websites and resources provided by third parties, these links are provided for your information only.
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.
- Contact us
To contact us, please email [email protected] and put in the email title header the subject matter.
Thank you for visiting our Websites.