NON-UK JOBSEEKER TERMS AND CONDITIONS
Eteach International LLC, Part of the Eteach Group, 1 Arlington Square, Bracknell, RG1 T: +44 (0)1276 674 295 | www.eteach.com | firstname.lastname@example.org
Eteach International LLC, part of the Eteach Group, trading as “Eteach”. Registered in the United Arab Emirates by the Department of Economic Development with registered number 832989
Non-UK Jobseeker Terms and Conditions May 2019
NON-UK JOBSEEKER TERMS AND CONDITIONS
If you wish to have your details included on the Eteach Website, you must agree to the terms below (the “Terms”) as the exclusive basis for such inclusion BETWEEN:
(1) Eteach International LLC, part of the Eteach Group (`Eteach’ or “we” or “us”), Registered in the United Arab Emirates by the Department of Economic Development with registered number 832989
(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. "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.
1.3. "Service" means the service of advertising educational vacancies online at the Website and providing a mechanism enabling the User to apply direct to the Advertiser.
1.4. "Website" means www.eteach.com, including any sub-directories and sub-domains thereof and any associated databases
2. THE AGREEMENT
2.1. In consideration of the User abiding by the terms of this Agreement and subject to the effects of the failure or interruption of services provided by third parties, Eteach agrees to provide the Service 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 to be inaccurate or untrue.
Eteach shall not transfer any personal data without the express written consent of the User. For the purposes of this Clause 3.1, "written consent" shall be taken to include checking a relevant box (and in each of these cases, the limits on transfer will be made clear): upon registration; in the 'my Eteach’ profile page on the Website; or in an application for an advertised vacancy. Eteach shall not be liable in the event that an email message received by it from the email address supplied to Eteach by the User and purporting to come from the User has not in fact originated from that User.
3.2. Eteach does not warrant that:
3.2.1. details of vacancies will be current, complete or accurate; or
3.2.2. User`s Details will not be provided to a User`s existing employer or their relevant Education Authority; or
3.2.3. the provision of the Service will be uninterrupted or error-free;
3.3. The User shall bear sole responsibility for ensuring the accuracy of the User’s Details supplied to Eteach
3.4. The warranty set out in Clause 3.1 is exclusive of and in lieu of all other conditions and warranties, either express or implied, statutory or otherwise, including without limitation those relating to satisfactory quality or fitness for purpose
3.5. Some of the functionality of the Service relies on utilisation of the more recent features of browser technology and security in order to perform correctly. Eteach strongly recommends the use of the most recent production version of Microsoft Internet Explorer (with all updates applied) that has been widely used for the six months or either of the previous two versions and cannot guarantee that full functionality will be available to Users using older versions of Internet Explorer or browser software from other manufacturers.
4. WEBSITE CONTENT
4.1. The User recognises and accepts that he/she bears sole responsibility for the content of the User`s Details and any message or notice it posts to any chatroom, bulletin board or similar forum on the Website.
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 obscene, indecent, defamatory, illegal, illicit, infringing of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights) or otherwise unlawful under any jurisdiction from which the Website may be accessed;
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 User`s message or notice to any chatroom, bulletin board or similar forum 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’s rights under Clauses 4.2 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.
5. USER’S OBLIGATIONS AND RESPONSIBILITIES
5.1. The User undertakes to notify Eteach of any changes to the User`s Details from time to time. 5.2. The User undertakes to check that the User`s Details posted to the Website and promptly notify Eteach in the event of any inaccuracies therein
5.3. The User warrants, represents and undertakes that no data, information, or material 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 undertakes fully to virus-check all data supplied to Eteach pursuant to this Agreement. 5.6. The User undertakes 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.
5.7. 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.
5.8. Eteach will endeavour to help to find the User suitable opportunities. However, please note that it is your sole responsibility to ensure that you have the necessary qualification and right to work at your sought location(s).
6.1. The User agrees to indemnify Eteach against all damages, liabilities, costs and expenses which Eteach may incur or sustain including without limitation the costs of defending any suit 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 for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill 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.
7.2. Eteach is not liable for any viruses uploaded to the Website by third parties or the User.
7.3. Eteach is not liable for any errors, omissions or delays of the User.
7.4. Eteach shall not be liable for 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.
7.5. Eteach is not liable for 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.
7.6. None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Eteach or its appointed agents.
7.7. The Parties agree that the User is the sole author, editor or publisher of all User`s Details on the Website.
7.8. Eteach and the User shall use reasonably up to date virus checking software to ensure that the material 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, logic bomb, disabling code or routines or expiration dates as these terms are generally understood within the computer industry.
7.9. 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.
8. TERM AND TERMINATION
8.1. The User`s Details will remain on the Website for such time as Eteach sees fit and it is the User`s responsibility to ask Eteach to remove or revise them if they are no longer applicable or accurate. 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 of Clause 4.6 or Clause 5 by the User.
8.3. The User may terminate this Agreement by sending an email request to unsubscribe to: email@example.com.
9.1. Subject to Clause 9.2, these Terms and any other expressly incorporated document constitute the entire agreement between the Parties hereto relating to the subject matter hereof and neither Party has relied on any representation made by the other Party unless such representation is expressly included herein. Nothing in this Clause 9.1 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 except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable
9.2. No change, alteration or modification to this Agreement shall be valid unless in writing and signed by duly authorised representatives of both Parties.
9.3. If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
9.4. Any notice given pursuant hereto may be served personally or sent by pre-paid registered letter or recorded delivery to the addresses given hereabove. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or, when posted, 48 hours after the same shall have been put into the post correctly addressed and pre-paid.
9.5. 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 (other than in relation to payment) resulting from “Force Majeure” acts or causes beyond its reasonable control or acts or regulations of any governmental or supra-national authority.
9.6. Any delay or forbearance by either Party in enforcing any provisions of these Terms or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
9.7. This Agreement shall be governed by the laws of England and the Parties submit to the exclusive jurisdiction of the Courts of England and Wales.
10.1. You can access our home page and browse our site without disclosing your personal data save information collected by cookies that we use (see below).
10.3. Purpose of processing Eteach will use your information for the purpose of matching your profile to educational vacancy requirements, fulfilling orders placed by you, processing any other transactions authorised or made by you with us, informing you of special offers and providing other marketing information to you which we think you may find of interest and undertaking product or customer research/development
10.4. Cookies A cookie is a small piece of information created by your browser using information sent from a website so it can later be read back from that browser. This is useful for having the browser remember some specific information. When you visit some areas of our Website, a cookie may be used. We use a session cookie to verify who you are while using our Website and to enable you to more easily access our Services. We also use a small number of persistent cookies for example to enable you to more easily log on to the Website or to prevent you from having to see certain popup pages repeatedly when you have already seen them. The Eteach cookies can only be used by our Website. Cookies cannot be executed as code or deliver viruses. In order to access some areas of our site you must have cookies enabled. For more information see our cookies policy displayed on the Website.
10.5. Security measures Eteach has implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss
10.6. Access to information You may ask us whether we are storing personal information about you by emailing us at firstname.lastname@example.org and, if you wish, we will provide you with a copy of the personal data we hold about you by email. We may ask for proof of your identity before providing any information and reserve the right to refuse to provide information requested if identity is not established.
10.7. Copyright All website design, text, graphics, the selection and arrangement thereof are Copyright (c) 2000-2019, Eteach International LLC, ALL RIGHTS RESERVED
10.8. Trademarks 'eteach international’ are trademarks of Eteach International LLC Ltd and may be registered in certain parts of the world.