Jobseeker terms and conditions
If you wish to have your details included on the Eteach Website, you must agree to the terms below as the exclusive basis for such inclusion. If you do not agree to these terms, you must not use the Website. BETWEEN: (1) Eteach Group (`Eteach` or ‘we’ or ‘us’) registered in England and Wales, number 03841479, whose registered office is located at 1 Arlington Square, Bracknell, RG12 1WA and (2) you (hereinafter referred to as "the User", "you" or “your”), each a “party” and together the “parties”.
IT IS HEREBY AGREED THAT:-
1. DEFINITIONS In this agreement (the “Agreement”), the following terms shall mean:-
1.1 “Advertising Agency” means a company who advertises Vacancies on the Website on behalf of a third party.
1.2 “Education Providers” means local education authorities, schools, colleges, academies, multi-academy trusts and other providers of education.
1.4 “Intellectual Property Rights" means all patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in design, database rights, rights to use, and protect the confidentiality of, confidential information, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for an be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
1.5 “Recruitment Agency” means an employment agency or employment business (as defined in the Employment Agencies Act 1973), as amended from time to time.
1.6 "Service" means the service of advertising educational vacancies online on the Website and providing a mechanism enabling User to apply direct to the Recruitment Agency, Advertising Agency or Education Providers.
1.7 “User Default” has the meaning set out in clause 5.7.
1.8 "User`s Details" means information submitted by a User, which may be held by Eteach either the whole or excerpts of which may be included on the Website.
1.9 “Vacancies” means a current employment position advertised by Education Providers, Advertising Agency or a Recruitment Agency on the Website.
1.10 "Website" means any website owned or operated by Eteach, including but not limited to www.eteach.com, FEjobs.com, www.schoolrecruiter.co.uk, www.surreyschools.com, www.teachinlondon.net and any subdirectories and/or sub-domains thereof and any associated databases.
2. THE AGREEMENT
2.1 In consideration of the User agreeing to comply with the terms of this Agreement Eteach agrees to provide the Service to the User in accordance with the terms of this Agreement.
2.2 Eteach may refuse to process or post the whole or any part of the User`s Details if Eteach deems it to be offensive or inappropriate or in its absolute discretion it believes any of the User’s Details to be inaccurate or untrue.
3. ETEACH WARRANTIES
3.1 Eteach does not warrant that:
3.1.1 details of Vacancies will be current, complete or accurate;
3.1.2 the User`s Details will not be provided to a User`s existing employer or Education Providers; or 3.1.3 the provision of the Service will be uninterrupted or error-free.
3.2 The User shall bear sole responsibility for ensuring the accuracy of the Users Details supplied to Eteach.
3.3 Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
4. WEBSITE CONTENT
4.1 The User recognises and accepts that he/she bears sole responsibility for the accuracy and content of the User`s Details and any message or notice it posts to any chatroom, bulletin board or similar forum on the Website. For the avoidance of doubt, this clause shall apply to User’s Details, whether provided by the User itself, or on the User’s behalf by another person.
4.2 Eteach agrees that upon written notice from the User of any inaccuracies in the User`s Details it will use reasonable efforts to rectify the inaccuracies provided always that the correct information is provided to Eteach by the User.
4.3 Eteach shall retain the right at all times to refuse to provide the Service or any part thereof, including without limitation, posting any User`s Details to the Website and to prohibit the User from using the Website in the future where it reasonably believes that the User`s Details are incorrect or deliberately misleading and any message or notice in the opinion of Eteach under the laws of any jurisdiction from which it is possible to access the Website may:
4.3.1 be illegal, illicit, indecent, obscene, defamatory, infringing of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);
4.3.2 be in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
4.3.3 harm the reputation of Eteach in any way.
4.4 Eteach shall retain the right at all times to refuse to post any message or notice to any chatroom, bulletin board or similar forum posted by the User on the Website and to prohibit a User from using the Website in the future where it reasonably believes that the User`s message or notice is incorrect, deliberately misleading, illegal, illicit, indecent, obscene, defamatory, infringing of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights) or is likely to harm the reputation of Eteach and upon receipt of notification from a third party to the effect that any such message or notice appears on the Website, Eteach may in its absolute discretion take down such message or notice without reference to the User who posted it. In the event that Eteach believes that the User is persistently abusing any chatroom and/or bulletin board facility on the Website it may in its absolute discretion prohibit the User from using the Website in future.
4.5 Eteach rights under Clauses 4.3 and 4.4 above shall be without prejudice to the sole responsibility of the User for content of User`s Details and messages or notices posted to any chatroom or bulletin board under clause 4.1 and to the warranties given by the User relating to that content in clause 4.6 below. Posting of User`s Details, messages or notices by Eteach on the Website shall not under any circumstances constitute a waiver of any of Eteach’s rights under this Agreement.
4.6 The User warrants, represents and undertakes in relation to all User`s Details (including, for the purposes of this clause 4.6, any User`s Details which it requests Eteach to post on the Website) that no such User`s Details shall be obscene, indecent, defamatory of any persons or otherwise illegal or unlawful under the laws of any jurisdiction from which the Website may be accessed.
4.7 Eteach shall retain the right at all times to amend, modify or suspend the Website (or any part thereof) from time to time including without limitation refusal to provide the Service if the User shall be in breach of this clause 4.
4.8 Eteach is the owner or the licensee of all Intellectual Property Rights on the Website, and of the material published on the Website. The User acknowledges and agrees that it shall not use any part of the content of the Website for commercial purposes without obtaining a licence to do so from Eteach.
4.9 You may print off one copy, and may download extracts, of any page from our Website for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
4.10 If the User prints off, copies or downloads any part of the Website in breach of clause 4.9, the User’s right to use the Website may, at Eteach’s option, cease immediately and the User must, at Eteach’s option, return or destroy any copies of the materials the User has made.
4.11 The Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by Eteach. The views expressed by other users on the Website do not represent Eteach’s views or values.
4.12 ‘Eteach’ and ‘FEjobs’ are trademarks of Eteach Group. The User is not permitted to use them without Eteach Group’s approval, unless they are part of material the User is using as permitted under this Agreement.
4.13 Eteach does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Eteach may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons.
5. USER`S OBLIGATIONS AND RESPONSIBILITIES
5.1 The User undertakes:
5.1.1 to notify Eteach of any changes to the User`s Details from time to time;
5.1.2 to check that the User`s Details posted to the Website and promptly notify Eteach in the event of any inaccuracies therein;
5.1.3 fully to virus-check all data supplied to Eteach pursuant to this Agreement;
5.1.4 not to embark on any course of action, whether by use of the Website or any other means, which may cause a disproportionate level of Website activity without providing at least seven day`s prior notice in writing to Eteach;
5.1.5 to co-operate with Eteach in all matters relating to the Service;
5.1.7 to access the Website solely for the purposes of accessing the Service;
5.1.8 to obtain, operate and maintain all necessary computer hardware and software, modems and telecommunication links which it requires to access the Website.
5.2 The User acknowledges and accepts that the Website is intended for use by those over the age of 16 years of age and agrees not allow anyone under such age to use the Service or the Website.
5.3 The User warrants, represents and undertakes that no data, information or User`s Details provided by the User (including, for the purposes of this Clause 5.3, any messages or notices posted to the Website) shall be obscene, indecent, defamatory of any persons or otherwise illegal or unlawful under the laws of any jurisdiction from which the Website may be accessed.
5.4 The User agrees to notify Eteach once it no longer wishes to have the User’s Details advertised on the Website.
5.5 The User hereby acknowledges that it is fully responsible for all consequences of the User`s Details and any message and/or notice being posted on the Website.
5.6 Eteach will endeavour to help to find the User suitable Vacancies. It is the User’s sole responsibility to ensure they have the necessary qualification and right to work for the Vacancies which the User applies for.
5.7 If Eteach’s performance of any of its obligations under the Agreement are prevented or delayed by any act or comission by the User or failure by the User to perform any relevant obligation (“User Default”):
5.7.1 without limiting or affecting any other right or remedy available to it, Eteach shall have the right to suspend performance of the Service until the User remedies the User Default, and to rely on the User Default to relieve it from the performance of any of its obligations in each case to the extent that User Default prevents or delays Eteach’s performance of any of its obligations;
5.7.2 Eteach shall not be liable for any losses sustained or incurred by the User arising directly or indirectly from Eteach’s failure or delay to perform such obligations;
5.7.3 the User shall reimburse Eteach on written demand for any costs or losses sustained or incurred by Eteach arising directly or indirectly from the User Default.
5.8 If you are provided with a User identification code, password or any other piece of information as part of Eteach’s 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 Eteach.
6. INDEMNITIES The User agrees to indemnify Eteach against all damages, liabilities, costs, expenses and losses which Eteach suffers or incurs including without limitation the costs of defending any dispute arising from the use of any of the User`s Details or data provided by or on behalf of the User in relation to the Website, or any act or omission by the User.
7. LIMITATION OF LIABILITY
7.1 Eteach is not liable under this Agreement for:
7.1.1 loss of profits, loss of revenue, loss of data or goodwill, loss of use or corruption of software and loss of anticipated savings (whether direct or indirect) howsoever arising suffered by the User and arising in any way in connection with this Agreement or for any liability of the User to any third party;
7.1.2 any indirect loss, special loss or consequential loss howsoever arising suffered by the User arising in any way in connection with this Agreement; or for any liability of the User to any third party;
7.1.3 any viruses uploaded to the Website by third parties or the User;
7.1.4 any errors, omissions or delays of the User;
7.1.5 ensuring that User`s Material and any message or notice posted to the Website by the User is legal and lawful and is not obscene, defamatory or otherwise infringing of any third-party rights whatsoever;
7.1.6 any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties;
7.1.7 use of, or inability to use, the Website;
7.1.8 use of, or reliance on any content displayed on the Website.
7.2 None of the clauses herein shall apply so as to restrict liability for death or personal injury caused by the negligence of Eteach or fraud or fraudulent representation of Eteach.
7.3 Subject to clause 7.2, Eteach’s maximum aggregate liability to the User under or in connection with this Agreement in respect of all claims whether such claim arises in contract, tort or otherwise shall not exceed £5,000.
7.4 The parties agree that the User is the sole author, editor or publisher of all User`s Details on the Website.
7.5 Eteach and the User shall use reasonably up to date virus checking software to ensure that the User Details does not contain any element which is designed to corrupt data or adversely impact upon the performance of computer systems including without limitation any virus, worm, trojan, logic bomb, disabling code or routines or expiration dates as these terms are generally understood within the computer industry or other material that is malicious or technologically harmful.
7.6 Clicking on certain links within the Website might take the User to other websites and Eteach shall have no responsibility or liability of any kind for the accuracy or content of any information or any other aspect of any such websites. Such links should not be interpreted as approval by Eteach of those linked websites or information the User may obtain from them. Eteach have no control over the contents of the sites or resources.
8. TERM AND TERMINATION
8.1 The User`s Details will remain on the Website for such time as Eteach sees fit. The User shall have the right at any time throughout the term of this Agreement to have the User’s Details removed from the Website upon written request to Eteach to the following email address email@example.com or via the preference centre in the candidate profile pages.
8.2 Eteach may terminate this Agreement by giving 7 days written notice of termination to the address provided to Eteach by the User from time to time or with immediate effect in the event of any breach by the User of clauses 4.6 or 5 of this Agreement.
8.3 The User may terminate this Agreement by sending an email requesting to unsubscribe to firstname.lastname@example.org.
9.1 A notice, approval, consent or other communication in connection with this Agreement must be in writing and must be either:
9.1.1 left at the address of the addressee, or sent by pre-paid first-class post to the addressee at its registered office address (if a company) or its principal address (in any other case);
9.1.2 be sent by e-mail to the e-mail address of the addressee which is notified to the other party from time to time.
9.2 Such notice shall be deemed to have been duly served upon and received by the addressee:
9.2.1 when served personally, at the time of such service; or
9.2.2 when posted, 72 hours after the same shall have been put into the post correctly addressed and pre-paid; or
9.2.3 when sent by email at 9:00am on the next business day after transmission to a correct and valid email address of the recipient.
11.1 Subject to Clause 11.2, this Agreement and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and each party acknowledges that neither party has relied on any representation, statement, assurance or warranty made by the other party unless such representation is expressly included herein. Nothing in this Clause 11.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation based on any statement in this Agreement.
11.2 Eteach shall be entitled to update this Agreement from time to time by displaying an updated version of the Agreement on the Website.
11.3 If any provision of this Agreement or part thereof shall be invalid, illegal, void or unenforceable for whatever reason, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.
11.4 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control.
11.5 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same. No single or partial exercise by any person of any right or remedy provided by this Agreement or by law shall prevent any further exercise of that right or remedy or the exercise of any other right or remedy by any person.
11.6 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.
11.7 No term of this Agreement gives rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
12. ACCEPTANCE In order to access the information on the Website, you must signal acceptance of the Agreement above by clicking on the tick box on the registration page or in the “my Eteach” profile page on the Website. If you do not accept any of these terms of this Agreement, please do not use the Website.