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Terms and conditions

Last updated: 1 July 2013


THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE WEBSITES UNDER THE SOLE OR JOINT CONTROL OF TSL EDUCATION LTD AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN US AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OF THE WEBSITES LISTED HERE. USE OF THESE 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 THIS WEBSITE. THESE TERMS AND CONDITIONS ARE ISSUED BY TSL EDUCATION LTD.

Please note

These terms and conditions (“Terms and Conditions”) may be updated by us from time to time without notice to you. 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.

Your continued use of the service or the website after any such changes constitutes your acceptance of the new Terms and Conditions. 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 service 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.

Part 1 of the Terms and Conditions applies to all users of the websites listed below. However, particular services may also be governed by additional or alternative terms of service, which are set out in Parts 2, 3, 4 and 5 of these Terms and Conditions and may also be provided separately, in which case please note that Part 1 of these Terms and Conditions and any additional terms (whether in Parts 2, 3, 4 and 5 of these Terms and Conditions or provided separately) must be read together.

You should print a copy of these Terms and Conditions for future reference.

PART 1 – Terms and Conditions for all users


Introduction

These are the Terms and Conditions that apply to use of:

  • tes.co.uk
  • tesconnect.com
  • teseducation.com
  • teshirewire.com
  • tesindia.com
  • tesprime.co.uk
  • tesresources.com
  • timeshighereducation.co.uk
  • teachingexhibitions.co.uk
  • tslshop.co.uk
  • hirewire.co.uk
  • iboard.co.uk

and the website from which these Terms and Conditions were accessed from (the “Websites").

Who we are

These Websites are brought to you by TSL Education Limited of 26 Red Lion Square, London WC1R 4HQ ("TSL Education"). TSL Education is registered in England and Wales under company number 02017289. Our VAT number is 861 8986 31. References to "we", "our" and "us" are references to TSL Education.
These Terms and Conditions incorporate our Privacy Policy which describes (amongst other things) how we will use any personal information collected from the Websites. For more information, please see our full Privacy Policy.

The Service

TSL Education currently provides users with access to various online services and resources including forums, recruitment services, magazine subscriptions, marketplace and specialist content through its network of Websites (the "Service"). Unless explicitly stated otherwise, any new features of the Service and any Contract, Purchase Contract, Subscription or Scheme (as defined in Parts 2, 3, 4 and 5) will be subject to these Terms and Conditions.

Eligibility and supervising children

Certain aspects of the Service 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") and (b) maintain and promptly update the Registration Data (by emailing us) to keep it true, accurate, current and complete.

TSL Education is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or teachers who wish to allow their children or pupils access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, he/she may be able to access various services including forums. As you will see below, TSL Education does not pre-screen content posted to these pages of the Website and as the legal guardian, it is therefore your responsibility to determine whether any of the Services and/or content are appropriate for your child or pupil.

If you enter into any Contract, Purchase Contract Subscription or Scheme on behalf of an Institution or a company you hereby represent, warrant and undertake that:

  • you have all necessary power and authority to enter into and perform 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 TSL Education on request; and
  • once agreed and accepted, these Terms and Conditions will constitute legal, valid and binding obligations on it.

An “Institution” shall mean any educational establishment that provides teaching and learning curriculum as its core functional remit and existence such as, but not limited to, schools, Local Authorities, School Groups, FE Colleges and HE universities that have chosen to use the Services brought to you by TSL Education.

Member account, password and security

The Internet is not a secure medium. However, TSL Education will endeavour to protect all personal information collected through the Website in accordance with strict data protection standards.

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 TSL Education of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. TSL Education cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.

Your conduct

Our forums, resource bank and any pages of the Websites where you are capable of posting material are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment. You acknowledge that all information, data (including registration data), text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. TSL Education accepts no responsibility for, and does not guarantee, the accuracy, integrity or quality of any Content placed on our online forums by you or any third party.

You acknowledge that by using the Service, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable. Please see the section below titled “Content Objections” for details of how to report such Content.

If you breach these Terms and Conditions, you should be aware that a party aggrieved by the uploading of any content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in registration data and other data concerning your identity being disclosed and your having to pay compensation to the person or company aggrieved.

You agree to not use the Service to:

  • upload, post, email, PM (personal message) or otherwise transmit any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory;
  • harm or attempt to harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a TSL Education staff member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • intentionally or unintentionally violate any applicable law or regulation;
  • collect or store personal data about other users;
  • post content which refers to individual schools, colleges or agencies - or their staff - whether by name, or identifiable by a pseudonym or any other means; and/or
  • advertise any job vacancies in any area of our forums (other than through a Website which is clearly designated as a recruitment service).

You acknowledge that TSL Education does not pre-screen Content that you post on the Websites, but that TSL Education and people designated by it shall have the right (but not the obligation) to monitor communications that occur through, and posts made to, the Websites. If TSL Education determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any Content is inappropriate or otherwise objectionable, TSL Education may refuse to accept or may remove any Content from the Websites, without any liability to you or a third party.

Indemnity

You agree to indemnify, defend and hold TSL Education and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable attorneys’ fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, our Websites, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by TSL Education.

Special warning for international use

The Websites are designed to be compliant with applicable UK laws and regulations 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, however if you are resident in a country outside of the UK you use the Websites at your own risk.

Rights in posted content

With respect to all Content you post on the Websites, you grant TSL Education a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. With respect to all Content you post to the Websites, you hereby waive any moral rights you have in the Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to TSL Education, including the execution of deeds and documents, at our request.

You represent and warrant that you own or otherwise control all of the rights to the Content and can grant the rights set out above. You represent, warrant and undertake that: (i) use of the Content will not infringe the rights of any third parties (including that the Content or material is not defamatory); and (ii) you have obtained all rights and consents that are necessary for you to provide the Content; and (iii) you will immediately remove and notify us of any Content that does not does not comply with these Terms and Conditions or may infringe the rights of third parties. You agree to indemnify TSL Education and its affiliates for all claims brought by a third party against TSL Education or its affiliates in respect of infringement of that third party’s intellectual property rights or arising out of or in connection with a breach of any of these warranties.

Content objections

If you object to the publication of any material placed in our forums, please let us know by clicking on the 'Report abuse' link next to the relevant post/message. This is the fastest way to notify us and will provide a direct link to the post/message in question.

If you object to anything anywhere else on this Website, please let us know by calling +44 203 194 3000 or by sending an appropriately worded email to info@tesindia.com and we will take whatever action we deem appropriate.

General practices regarding use and storage

You acknowledge that TSL Education may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that TSL Education has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that TSL Education reserves the right to de-activate accounts that are inactive for an extended period of time. You further acknowledge that TSL Education reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modifications to the Service

TSL Education reserves the right at any time and from time to time t o modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TSL Education shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

You agree that TSL Education, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Websites and/or the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if TSL Education believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not TSL Education’s only remedy and TSL Education may take any other action we reasonably deem appropriate in connection with such breach.

Dealing with advertisers, suppliers and merchants

Your dealings with advertisers, merchants and any other third party found on or through the Service, 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) TSL Education 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 Service or the Websites, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service or the Websites are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant.

Links to other websites or resources

The Service may provide, or third parties may provide, links to other websites or resources. Because TSL Education has no control over these sites and resources, you acknowledge and agree that TSL Education is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TSL Education 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 site or resource.

Use of TSL Material

All articles, information and other materials presented on this website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to TSL Education. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this website without TSL Education’s 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.

TSL's proprietary rights

TSL Education is the owner or the licensee of all copyright, trade mark right and/or other intellectual property rights in the Websites and the Service (including any Content made available through the Websites and/or the Service and the underlying source code) that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by third party copyrights, trade marks, service marks, patents or other proprietary rights and laws.

"TES" and "TSL Education" are trademarks of TSL Education Limited (the "TSL Education Marks"). Without TSL Education's prior permission, you agree not to display or use in any manner, the TSL Education Marks.

Use of TSL Material

TSL Education grants you a personal, non-transferable and non-exclusive right and licence to use the Websites and the Service for their intended purpose subject to your compliance with these Terms and Conditions. This licence does not include the right to collect or use information contained on the Websites for any purpose not specifically listed in these Terms and Conditions, to compete with TSL Education, to create derivative works based on the Content of the Websites, 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, TSL Education may revoke the licence granted to you.

You are prohibited from reproducing, copying, modifying, renting, leasing, loaning, selling, distributing, exploiting, extracting, providing links to, creating derivative works of or otherwise communicating or making available to third parties any part of the Content of this Website or the Service without TSL Education’s 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.

Disclaimers

You expressly acknowledge and agree that:

  • Your use of the Service is at your sole risk. TSL Education has made every effort to ensure that the Content on the Websites and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Websites and the Service are provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Websites or through the Service or that use of the Websites will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of TSL Education for any errors, omissions or inaccurate information on the Websites or available through the Service.
  • The Content on the Websites and made available through the Service 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 Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Websites or the Service as a substitute for proper professional advice.
  • TSL Education is not responsible for how the Content on the Websites or available through the Service 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 Service.
  • Any material downloaded or otherwise obtained through the use of the Service 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 TSL Education shall create any warranty or other obligation not expressly stated in these Terms and Conditions.

Confidential Information

You acknowledge that any Confidential Information (as defined below) which you obtain through the entering into of these Terms and Conditions and the use of the Service constitutes the valuable, confidential, proprietary information of TSL Education and its licensors, and you agree that during the term of your use of the Service and thereafter you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorized 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 TSL Education, its users and members, affiliates, licensors 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, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Website Content belonging to others and other intellectual property.

Limitations of Liability

TSL Education’s liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Websites and/or any Service shall be limited the greater of: (a) £150 and (b) the price paid by you to TSL Education under any Contract during the 3 months preceding the event giving rise to the claim.

You expressly acknowledge and agree that TSL Education shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if TSL Education has been advised of the possibility of such damage.

Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of TSL Education.

Events outside of our Control

TSL Education 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 Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action.
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • Impossibility of the use of public or private telecommunications networks.
  • The acts, decrees, legislation, regulations or restrictions of any government.

TSL Education’s performance under any Terms and Conditions or any Contract 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 Contract may be performed despite the Force Majeure Event.

Complaints

If you have any complaints about the Websites, we want to hear from you so we can improve our service. Please e-mail us help@tesindia.com and we'll consider your comments carefully.

General information

These Terms and Conditions (including Parts 2, 3, 4 and 5, the Privacy Policy and any additional terms, guides and rules referred to herein) constitute the entire agreement between you and TSL Education and govern your use of the Service, superseding any prior agreements between you and TSL Education. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our relationship with you is subject to English law and the exclusive jurisdiction of the English courts. Any failure by TSL Education to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

PART 2 – Terms and Conditions of Supply for purchasers of magazine subscriptions from www.tslshop.co.uk


Introduction

Part 2 of the Terms and Conditions are additional terms which apply to the following Website: www.tslshop.co.uk.

This Part 2 governs the supply of our magazines and newspaper under a subscription contract (the “Subscription”).

In the event of a conflict of the Terms and Conditions, the terms of this Part 2 shall prevail over Part 1.

Please read these Terms and Conditions carefully before ordering any Subscription from the Website as your order indicates that you agree to be bound by these Terms and Conditions.

Eligibility

By placing an order on the Website, you promise that you are (1) legally capable of entering into binding contracts; and (2) over the age of 18 years; and (3) resident in the UK.

Placing an order on the Website

Your order represents an offer to TSL Education to purchase a Subscription. After placing your order, you will receive an email for us acknowledging receipt of your order. Please note that this does not mean that your order has been accepted. TSL Education reserves the right at any time after receipt of your order up until the first magazine is dispatched to decline your order for any reason. We will confirm acceptance of your order by sending you an email confirming that your first magazine has been dispatched. Only at this point has a binding contract been formed between you and us (the “Contract”).

Price and Payment

The price of the Subscription will be as quoted on the Website from time to time, except in the case of obvious error. The price is inclusive of all charges and delivery costs to the UK mainland. Prices are liable to change at any time, but changes will not affect existing Contracts and orders which we have accepted in accordance with the process outlined above.

If the Website contains incorrect information, or a Subscription is listed at an incorrect price, due to typographical errors or an error in pricing information, TSL Education shall not be under any obligation to provide the products to you at the incorrect price, even after we have accepted your order, if the pricing error was obvious to a reasonable person. If payment has already been taken for the purchase and your Subscription is cancelled, TSL Education shall immediately issue a credit or refund in the amount of the incorrect price. Alternatively TSL Education will give you the option of reconfirming your order at the correct price.

Payment can be made by credit or debit card or by direct debit. TSL Education will deduct the appropriate amount from your credit or debit card when you place the Subscription order and despatch will commence from the next available issue. This will normally be within two weeks of subscribing.

If you order a Subscription for delivery outside the UK, it may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Term of the Contract and your right to terminate the Contract

The Subscription will be for the term requested by you in your order, as confirmed in the email sent on formation of the Contract. Subscribers may cancel their Subscription at any time and the cancellation will take immediate effect from the date of confirmation. Refunds of the balance remaining from any pre-paid amount will be made within 30 days of confirmation of cancellation for all non-despatched issues.

Warranties

TSL Education warrants to you that all products purchased through the Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

PART 3 – Terms and Conditions for recruiting Institutions

Instructions

Part 3 of the Terms and Conditions are additional terms which apply to HireWire and any other web-based recruitment services (the “Recruitment Service") brought to you by TSL Education.

This Part 3 applies to any Institution that has chosen to use the Recruitment Services.

In the event of any conflict of the Terms and Conditions, the terms of this Part 3 shall prevail over Part 1.

Please read these Terms and Conditions carefully before using this Website as your request of a User Account (as defined below) indicates that you agree to be bound by these Terms and Conditions.

Appointment

You hereby appoint TSL Education, and TSL Education accepts such appointment, to provide the Recruitment Service in accordance with these Terms and Conditions. As part of the Recruitment Service we will:

  • create and provide an individual "User Account" for each of your nominated staff members and show you how to create further User Accounts for other staff members as and when you need them. All staff with User Accounts are referred to as "Users" in these Terms and Conditions.
  • provide all reasonably necessary training to the Users to enable them to use the Recruitment Service.
  • create and host a dedicated microsite branded for your Institution (the "Microsite").
  • provide Users with reasonable levels of support and advice in relation to their use of the Recruitment Service.

Requirements from the Institution

We provide the web-based Recruitment Service which provides recruitment management and access to applicants completely free of charge. However, we will need you to give us the information, staff time and assistance that we may reasonably require in order to enable us to activate your User Accounts and provide the services you need. We also provide an advertising service which is subject to additional terms and conditions and is a paying service.

Information made available to you through the Website or Microsite is provided solely for the purpose seeking and recruiting staff. You may not use, print and download information from the Website or Microsite for any other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material or Content from the Website or Microsite.

You shall delete all personal information obtained through the Recruitment Service upon conclusion of your search for a suitable candidate or in accordance with your obligations under the Data Protection Act 1998 (the “DPA”), unless the applicant has expressly consented to the retention and continued processing of his/her personal data.

You shall deal fairly and professionally with all applicants who respond to an advertisement you have posted on the Website or Microsite and shall not do anything which may bring the Website or Microsite and/or TSL Education into disrepute.

Using the Recruitment Service

Each User will be able to save text, data, graphics, other file attachments and other content into the Recruitment Service in order to place and file related documentation for jobs (the “Institution Content”). All intellectual property rights in the Institution Content shall be owned by the Institution.

Although we are letting you access and use the Recruitment Service, all intellectual property rights, including all copyright, database rights, in (i) any Content (other than Institution Content) in the Microsite or the Website (ii) HireWire and (iii) the database of applicants’ information and CVs shall be owned by us or our third party suppliers.

A few points to note

As this is a free service, you acknowledge and accept that the Microsite, the Website and the Recruitment Service are made available on an "as is" basis and that (to the extent we can exclude implied warranties) we give no warranties in relation to the availability or performance of the Microsite, the Website or the Recruitment Service or any other services or facilities we may provide to your Institution from time to time.

This Recruitment Service is free, however, advertising a vacancy on the Website or Microsite will be subject to payment and to additional terms and conditions

On occasion, we may need to modify, suspend or discontinue (temporarily or permanently) the provision of the Recruitment Service, any User Account or any other of our services or facilities and we shall not be liable to your Institution or any third party in relation to any loss, damage or cost incurred as a result.

We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.

You shall (and you shall also procure that all Users shall comply with these Terms and Conditions, as amended from time to time.

Data Processing

To the extent that either you or TSL Education is acting as a data controller, each party shall comply with its respective obligations under the DPA. You acknowledge that TSL Education may process personal data relating to an applicant and/or a User for its own purposes as a data controller.

To the extent that TSL Education is processing any personal data on your behalf as a data processor, TSL Education shall:

  • implement and maintain appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
  • process the personal data only in accordance with your instructions (which may be specific instructions or instructions of a general nature as set out in these Terms and Conditions or as otherwise notified to us).

To the extent that TSL Education as a data controller transfers personal data to you, you represent, warrant and undertake that:

  • you will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected;
  • you have no reason to believe that any local laws are in existence that would have a substantial adverse effect on the guarantees provided for in these Terms and Conditions, and that it will promptly inform TSL Education if it becomes aware of any such laws;
  • you will identify a contact point authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with TSL Education, the data subjects and the UK Information Commissioner concerning all such enquiries within a reasonable time; and
  • you will process the personal data in accordance with the data processing principles set forth in the Data Protection Act 1998.

To the extent that you as data controller transfers personal data to TSL Education, you represent, warrant and undertake that:

  • the personal data provided to you has been collected, processed and transferred in accordance with English law; and
  • you shall respond to enquiries from data subjects and the UK Information Commissioner concerning the personal data transferred to you.

PART 4 – Terms and Conditions for the Rewards Scheme

Introduction

Part 4 of the Terms and Conditions are additional terms which apply to HireWire and TES Prime ("Premium Recruitment Service").

Part 4 applies to any Institution that had chosen to use the Premium Recruitment Service, brought to you by TSL Education.

In the event of any conflict of the Terms and Conditions, the terms of this Part 4 shall prevail over Part 1.

Please read these Terms and Conditions carefully before ordering using this Website as your participation to the Scheme (as defined below) indicates that you agree to be bound by these Terms and Conditions.

Rewards Scheme

TSL Education has introduced a reward scheme based on repeat expenditure on recruitment advertising which accrues points as credits against future specific recruitment advertising upgrades.

The TES Rewards Scheme (the “Scheme”) awards points (the “Points”) against expenditure on recruitment advertising or recruitment activity with the Premium Recruitment Service placed by any eligible Institution.

Points awarded under the Scheme can be accrued and redeemed by the Institution in the form of credits against selected upgrades for vacancy advertising.

Eligibility & Exclusions

The Scheme is open to any Institution using the Premium Recruitment Service to place their recruitment advertising in a Publication or on the Website. For the purpose of this Service, a “Publication” shall mean the print or online channel of delivery of any advertisement that is the property or under the control of TSL Education but excludes any recruitment advertising with the Times Higher publication and any publication or product which may in the future become associated with TSL.

All advertisements of recruitment activity which are placed through the Premium Recruitment Service will be eligible to be awarded Points.

Points are normally awarded to an individual Institution on whose behalf the advertising is being placed.

Points may be awarded to a nominated individual where that nominee’s normal place of work is not in the operating premises of an Institution.

Any third party using the Premium Recruitment Service to place adverts on behalf of an Institution or group of Institutions will have points awarded to the individual Institutions.

In the case of a composite advertisement the number of Points awarded will be apportioned to each constituent Institution’s account according to their relative contribution of the total invoiced amount.

Validity Period

The Scheme operates its Points accounting period during the school year which runs from 1st September until 31st August the following year (“Academic Year”), e.g. from 1st September 2010 until 31st August 2011. Each subsequent annual period runs consecutively until such time as the Scheme’s period is amended or the Scheme dissolved.

Points awarded during an Academic Year will be redeemable during that same Academic Year. Bookings for advertisements made through the Premium Recruitment Service from 1st September 2010 will automatically be awarded Points that will be carried forward into the Scheme.

Points

Points are the lowest and indivisible unit of measure of the reward that applies to the Scheme. Points will be rated at a financial value of 0.0625 points per British pound of spend on recruitment advertising. Points are only awarded where the advert is booked through the Premium Recruitment Service.

We reserve the right to change the rate at which reward Points are calculated at any time. Any changes to the rate will be updated in these Terms & Conditions 14 days prior to coming into effect and a notification placed at the top of date of change. We strongly advise you to regularly review these Terms and Conditions.

Points are awarded on the gross price paid by an Institution exclusive of any agency discounts. Points are only awarded against actual expenditure.

Points are not awarded against any elements of an advertisement or Service that is free.

Points are awarded only after invoicing and not at time of booking. For recruitment advertising this will ordinarily be on the Friday of the week of publication and no later than 7 days after publication.

These Terms & Conditions will not be updated for special promotional offers where the rate of Points is temporarily increased for a limited period of time.

Redeeming Points

Points are redeemed against specific advertisement upgrades.

Points credited to an Institution and only redeemable against advertising placed through the Premium Recruitment Service.

Points can only be redeemed against the following product upgrades:

Reward

Points Required

Description

Silver Upgrade

250

Where an Institution has a balance of 250 Points or more and they purchase a Bronze online package they are entitled to an upgrade to a Silver online package.

Gold Upgrade

500

Where an Institution has a balance of 500 Points or more and they purchase a Bronze online package they are entitled to an upgrade to a Gold online package

Colour Upgrade

500

Where an Institution has a balance of 500 Points or more and they purchase a mono-colour recruitment print advertisement they are entitled to an upgrade to a colour print advertisement.

We reserve the right to alter or withdraw these redemption products with 28 days notice, provided by email to Institutions with non zero account balance.

Redemptions can only be claimed against Points that have been fully credited to an Institutions account. Once Points have been redeemed, the Institutions’ account balance will be reduced by the appropriate amount within 7 days.

Points cannot be used as full or part payment against advertisements.

Points are not awarded against the nominal value of any redemption product and may only be redeemed for an entire composite advertisement and not in part.

Transfer

Points are awarded to an individual Institution and cannot be transferred.

Where an Institution merges or changes, a written request must be made to TSL Education outlining the reason and background for change of state and details of the transfer. TSL Education will, at its sole discretion, determine the appropriateness of transfer any outstanding Points balance. Any TSL Education decision will be final.

In the case of federated Institutions or any type of Institutions grouping, Points will be allocated to an individual Institution only and Points cannot be transferred between Institutions within federated Institutions or Institutions groups.

Expiry

At the end of an Academic Year, outstanding Points that have not been redeemed will be carried over to the following Academic Year. Any Points unused from the previous year will expire at the end of the following Academic Year, e.g. Points earned in the Academic Year: September 2010 – August 2011 will expire on the last day of August 2012. To redeem Points that are due to expire the advert must have appeared and been invoiced prior to the 31st August.

Points will be redeemable on a first in first out basis.

Checking Points

Institutions are able to check their Points’ balance on the loyalty details’ page of their Premium Recruitment Service account. Pending Points will not be shown. Pending redemptions will be shown, however this information is only updated at the end of each working day.

Queries on the Scheme

Customers with any queries relating to the Scheme can contact the dedicated Customer Service Number on 0203 194 3194, can email tesrewards@tsleducation.com or write to:

TES Rewards Scheme
TSL Education Ltd
Red Lion Square
London WC1R 4HQ

We reserve the right to modify the Scheme at any time. Any modifications will be posted in these Terms & Conditions. We also reserve the right to withdraw the Scheme on 28 days notice. Notice will be updated on these Terms & Conditions and an email notification will be sent to all Institutions which have an account with a surplus balance.

Prohibition

We retain the right to exclude any Institution or its agent from participating in the Scheme. Any Institution or its agent excluded from the Scheme will have the right to request the reason for exclusion and thereafter may submit in writing an appeal against the exclusion. The outcome of an appeal will be at the sole discretion of TSL Education and will be final.

Where an Institution is excluded, the Institution’s rewards account will be withdrawn and the balance brought down to zero, without any compensation or reimbursement.

Any abuse of the Scheme will result in the Institution or its agent being excluded. A list of actions deemed to be abusive may be requested in writing to TSL Education at the address listed above.

PART 5 – Terms and Conditions for TES iboard+

This Part 5 of the Terms and Conditions sets out the additional terms and conditions which apply when you subscribe to and access TES iboard+.

Please read these Terms and Conditions carefully before subscribing to TES iboard+ as any order that is placed by you indicates that you agree to be bound by these Terms and Conditions.

You are reminded that you have ticked the box marked "I Accept" on the order page by way of confirmation that you agree to the Terms and Conditions. By doing so, you also warrant that you are at least 18 years old.

Your order represents an offer to TSL Education to purchase a licence to access, use and download from TES iboard+. After placing your order, you will receive an email from us acknowledging receipt of your order. Please note that this does not mean that your order has been accepted. We will confirm acceptance of your order by sending you an email confirming that you have successfully subscribed to TES iboard+ (the "Confirmation"). Only at this point has a binding contract been formed between you and us (the “Contract”).

References to "you" and "your" are references to the teacher or other individual subscribing to TES iboard+.

In the event of any conflict between Part 1 and Part 5 of these Terms and Conditions, the terms of this Part 5 shall prevail.

Customer Rights

If you are contracting as a consumer, you may cancel your subscription at any time within seven working days, beginning on the day after you received the Confirmation. In this case, you will receive a full refund of any Price (see below) you have paid to us. To cancel your subscription please logon to the TES iboard+ service and use the cancel my account link at http://www.iboard.co.uk/myiboard/subscriptions. Alternatively you can email help@tes.co.uk providing your username and the date you subscribed to the service.

("TES iboard+")

The TES iboard+ service offered by TSL Education allows you to access, use and download materials from our online interactive teaching service via the website www.iboard.co.uk. TES iboard+ includes (but is not limited to), lesson plans, interactive activities, worksheets and any other resources and materials which form the content of the service, from time to time (the "Resources"). The Resources are designed to be supportive to teaching.

Your subscription to TES iboard+ will last for the Term (as defined below).

Accounts

Before you may begin to use TES iboard+, you must open an online account at www.tes.co.uk. You will be able to access any Resources by logging into your iboard Plus account at www.iboard.co.uk. To the extent that the Resources consist of "Word" documents, "Power Point" documents or are otherwise capable of being downloaded, these may be downloaded by you. Please note that where the Resources include use of Flash Interactives, the relevant Resource will be accessible by you through your internet browser.

Duration and Termination

On subscribing to TES iboard+ you will receive the option of a free trial period. If you opt for a free trial, your free trial shall commence on the date we send the Confirmation and shall continue for a period of 30 days (the "Free Trial").

If you opt for a free trial, we will send you an email 7 days before the end of the Free Trial to remind you that unless you cancel your subscription on time (i.e. before the end of the Free Trial), you will automatically subscribe to TES iboard+ for the Initial Term.

To cancel your subscription please logon to the TES iboard+ service and use the cancel my account link at http://www.iboard.co.uk/myiboard/subscriptions. Alternatively you can email help@tes.co.uk providing your username and the date you subscribed to the service.

The Contract shall commence on the date we send the Confirmation to you and shall continue in full force and effect, subject to the paragraph above, for the Free Trial (if you opt for a free trial) and an initial period of one year commencing: (i) on the day after the expiry of the Free Trial, if you opt for a free trial or (ii) on the date we send the Confirmation to you, if you do not opt for a free trial (the "Initial Term").

We will send you an email 28 days prior to the expiry of the Initial Term (and every successive anniversary of the expiry of the Initial Term) reminding you that your subscription is due to renew and informing you of any increase in the price (the "Renewal Email") (see below).

On expiry of the Initial Term (and on every successive anniversary of the expiry of the Initial Term) the Contract shall renew automatically for an additional period of one year, unless and until terminated in accordance with the following paragraph (each a "Renewal Term").

Either party may terminate the Contract on expiry of the Initial Term or Renewal Term (as appropriate) by giving the other party written notice of termination, at any time prior to expiry of the Initial Term or the then current Renewal Term. To terminate your Contract please email help@tes.co.uk

The Free Trial, the Initial Term and any Renewal Term shall together mean (the "Term").

Limited rights to use TSL Education's content

The Resources belong to TSL Education or its licensors and are subject to copyright, trade mark and/or other intellectual property rights owned by or licensed to TSL Education.

For the Term, TSL Education grants you a personal, non-transferable, non-exclusive, non-shareable right and licence to access the website through your account, to print copies of the Resources, store the files in electronic form and store the files on a closed network (including the closed network of the institution for educational which employs you) and non-commercial purposes only. In using the Resources, you must ensure that you retain on all downloaded materials all copyright and other proprietary notices contained on the Resources when accessed by you for the first time.

On termination of the Contract you will: cease to have access to the Resources through the website, (ii) cease to use and Resources in your possession and (iii) destroy all printed and electronic copies of the Resources.

The Resources are provided to you on an "as is" basis. Whilst TSL Education has used its reasonable endeavours to ensure that all Resources are factually correct at the time that the Resource is made available to you, TSL Education does not warrant the accuracy, completeness or usefulness of any Resource. Should you become aware of any inaccuracy or error in the Resources purchased by you, please notify TSL Education and it shall endeavour to resolve the inaccuracy or error as soon as is reasonably practicable. TSL Education will use its reasonable endeavours to ensure that you may access TES iboard+ at any time during the Term but provides no warranty to this regard.

The Resources may not be copied, broadcast, displayed, modified, shared or distributed or otherwise exploited for any purposes other than for personal use or lesson planning and delivery by you without TSL Education's written permission.

Price and Payment

To register for your free trial, a valid credit or debit card is required.

The price to subscribe to TES iboard+ for the Initial Term (or any subsequent Renewal Term) will be quoted on the website from time to time (the "Price").

You shall pay us the Price annually in advance on commencement of the Initial Term (and every subsequent anniversary of the Initial Term). Payment can be made by credit or debit card. TSL Education will deduct the appropriate amount from your credit or debit card on the day after the expiry of the Free Trial or annually on every successive anniversary of the expiry of the Initial Term (as appropriate).

If TSL Education has not received payment within 5 days after the due date, and without prejudice to any other rights and remedies of TSL Education, TSL Education may, without liability to you, temporarily or permanently disable your access to TES iboard+ and TSL Education shall be under no obligation to provide any or all of the TES iboard+ services while any payments remain unpaid. If payments are not made within 30 days of the due date for payment, TSL Education is entitled to terminate the agreement forthwith.

Prices are liable to change. We may change the Price at any time; such Price change shall take effect on the commencement of any Renewal Term occurring after the Price change is posted on the website (and as notified to you by us in the Renewal Email).

If the website contains incorrect information or the cost of subscribing is listed at an incorrect price due to typographical errors or an error in pricing information, TSL Education shall not be under any obligation to provide the subscription to you at the incorrect price, even after we have accepted your order, if the pricing error was obvious to a reasonable person. If payment has already been taken for the purchase and your order is cancelled, TSL Education shall immediately issue a credit or refund in the amount of the incorrect price. Alternatively TSL Education will give you the option of reconfirming your order at the correct price.

Prices are exclusive of VAT and we shall charge VAT at the applicable rate on the date of the Confirmation.