TERMS AND CONDITIONS OF USE OF THIS WEBSITE
Please read these terms carefully before using TEFLSEARCH.COM (“The Website”). Using the Website 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 Website.
1.1 The Website is operated by the ESLSEARCH LIMITED (“the Company”), a company registered in England and Wales under company number 08746559 with its registered office at 10 South Close, Ipswich, Suffolk, IP4 2TH.
1.2 These Terms and Conditions of Use apply to the entire contents of the Website and to any interaction or correspondence by e-mail or otherwise between the Company and you (“you” or “the User” where applicable).
1.3 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.4 By accessing any part of the Website, you shall be deemed to have accepted these Terms and Conditions of Use in full. If you do not accept these Terms and Conditions of Use in full, you must leave the Website immediately.
1.5 The Company may revise these Terms and Conditions of Use at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of these Terms and Conditions of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
1.6 These Terms and Conditions of Use incorporate and refer to the following additional terms, which also apply to your use of the Website:
2.1 The Website is an online platform that hosts job vacancies that are created and posted by its users. There are two types of users:
a) Teachers who may use the Website to seek job vacancies, create a profile, and review schools (“Teachers”); and (b) Employers who may use the site to create and post job vacancies, search for and view teachers’ profiles, and maintain their own profiles (”Employers”).
2.2 For the avoidance of doubt, the Website nor the Company is not acting as an Employment Agency.
2.3 Any contracts arrangements or communications between you and any other user of the website will be formed between you and them alone and without the Company being a party or having any liability arising out of any such contract agreement or communication.
3.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text;
and (c) the Company's copyright and trade mark notices and this permission notice appear in all copies.
3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including but not limited to photographs and graphical images) are owned by the Company or its licensors. For the purposes of these Terms and Conditions of Use, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in these Terms and Conditions of Use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
3.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
3.4 Any rights not expressly granted in these terms are reserved.
4. SERVICE ACCESS
4.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
4.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
5. VISITOR MATERIAL AND CONDUCT
5.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is illegal, threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) the purpose for which is commercial nature and which does not fall within the purposes referred to in clause 2.1;
(c) for which you have not obtained all necessary licences and/or approvals;
(d) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
or (e) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.3 You may not misuse the Website (including, but not limited to, by the hacking of or the testing of the security of, the Website).
5.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
5.5 When creating and posting job vacancies, you may not: (a) include hidden or unrelated keywords for the purpose of being indexed by search engines; (b) include information that is not true and accurate; (c) in any way create duplicate or near duplicate posts; (d) include any links without prior permission from the Company; or (e) include any personal contact information or other content that allows a user to contact any other user or third party outside of the Website.
5.6 The Company reserves the right to remove or amend any Visitor Material without notice or permission if, in the opinion of the Company or its agent, it constitutes a breach of these Terms and Conditions of Use or of any of the additional terms referred to in clause 1.5.
6. LINKS TO AND FROM OTHER WEBSITES
6.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the the Company’s logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not publish a link to a page other than the home page of the website (otherwise known as a ‘deep link’;
(d) you do not in any way imply that the Company is endorsing any products or services other than its own;
(e) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(f) you do not otherwise use any Company logos or trade marks displayed on the Website without express written permission from the Company;
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.3 The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
6.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.
7.1 Each registration is for a single user only. You shall not share your user name and password with any other person nor with multiple users on a network.
7.2 Employers and Teachers must register separately and there are different requirements for each type of user.
7.3 You shall keep confidential any password or security code that you receive from the Company or its agent for the purpose of accessing or using the Website.
7.4 The Company may, if in its reasonable opinion you have failed to comply with the terms of these Terms and Conditions of Use, disable any username, password or security code that you have been allocated and refuse any further access to the Website.
7.5 Upon becoming aware of or suspecting that anyone other than you knows or has means of discovering your password or security code, you shall change your password or security code and notify the Company immediately.
8. TERMS OF SALE: ADVERT CREDITS AND ACCESS CREDITS
8.1 A User registered as an Employer may purchase: credits for use within the website for the purpose of upgrading a job vacancy advert to display more information in a style prescribed from time to time by the Company (“Advert Credits”) ; and credits for use within the website for the purpose of gaining access to the contact details of a Teacher who has not selected that they do not wish to be contacted for a period of 24 hours (“Access Credits”) (together “Credits” and each a “Credit Type”).
8.2 Credits may only be used for the purposes as referred to in clause 8.1 and are non-transferable between members.
8.3 Without prejudice to clause 8.7, Credits are non-refundable.
8.4 Credits may be purchased by following the step-by-step instructions found within each Credit Type transaction page.
8.5 Users may change or amend an order for Credits before final purchase by following the on-screen instructions.
8.6 A contract shall, on completion of payment for Credits and the receipt of a confirmation email, be formed between you and the Company for the sale of Credits (“the Contract”).
8.7 Credits are credited to a user’s account immediately after purchase.
8.8 Notwithstanding anything within these Terms and Conditions of Use to the contrary, You have the right to cancel the Contract within 7 working days of the Credits being credited to your account and receipt of the confirmation email, whichever is the later. In order to cancel the Contract, you must email the Company at [email protected] explaining your situation and requesting a cancellation and refund.
8.9 The prices quoted on the Website are subject to change from time to time, however any change will not affect any order for Credits by you which has been confirmed by email.
8.10 You may only pay for Credits using a credit or debit card.
9.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
9.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for these Terms and Conditions of Use, might have effect in relation to the Website.
10.1 The Company and parties including but not limited to the Company’s officers, directors, employees, shareholders or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including but not limited to negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
10.2 For the avoidance of doubt, the Company holds no responsibility and excludes all liability for any Visitor Material.
10.3 Nothing in these Terms and Conditions of Use shall exclude or limit the Company's liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977 ;
or (c) misrepresentation as to a fundamental matter;
or (d) any liability which cannot be excluded or limited under applicable law.
10.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11. GOVERNING LAW AND JURISDICTION
These Terms and Conditions of Use shall be governed by and construed in accordance with English law. Any dispute difference or disagreement arising out of or in connection with these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the English courts. Issue Date: 04/11/2013.
TERMS AND CONDITIONS OF USE OF THIS WEBSITE