Terms & Conditions
Last updated: 4 August 2014
This clause clarifies that by using our websites (listed in the next clause) you are entering into a legally binding agreement with us and you agree to comply with these TES Connect (UK) Terms and Conditions (as amended from time to time) when using our websites, as well as with any additional terms and conditions that apply to some of our services.
THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE WEBSITES UNDER THE SOLE OR JOINT CONTROL OF TES GLOBAL LIMITED 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 TES GLOBAL LIMITED.
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. We will take reasonable steps to inform disabled users of any changes and the date of such changes to these Terms and Conditions.
Your continued use of the Services or the Website (as defined below) 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 Services 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.
The General Terms and Conditions apply 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 Additional Terms of these General Terms and Conditions and may also be provided separately, in which case please note that the General Terms and Conditions and any Additional Terms must be read together.
For institutions, corporations, public bodies or persons representing any of those, the General Terms and Condition and the Additional Terms for Institutions apply in all instances.
You should print a copy of these Terms and Conditions for future reference.
General Terms and Conditions for all users
This clause specifies the websites to which these Terms and Conditions apply.
These are the Terms and Conditions that apply to use of:
and the website from which these Terms and Conditions were accessed from (the "Websites").
Who we are
This clause tells you some basic information about our company.
These Websites are brought to you by TES Global Limited of 26 Red Lion Square, London WC1R 4HQ ("TES Global"). TES Global 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 TES Global.
Use of your personal information
This clause explains the types of services that we provide on our websites.
TES Global currently provides users with access to various online services and resources including forums, recruitment services, magazine and other subscriptions, marketplace and specialist content through its network of Websites (the "Services"). Unless explicitly stated otherwise, any new features of the Services will be subject to these Terms and Conditions. Any Purchase Contract will be subject to the Terms of Sale in addition to these Terms and Conditions and any Additional Terms and Conditions applicable to the relevant Service.
Eligibility and supervising children
This clause explains the registration process that applies to some parts of our services. It also explains your obligations when you allow children to access our services and when you are acting on behalf of certain institutions.
Certain aspects of the Services 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.
TES Global 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 Services should assist them in setting up any relevant accounts and supervise their access to the Services. By allowing your child access to the Services, he/she may be able to access various services including forums. As you will see below, TES Global 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 use any Services 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 TES Global on request; and
- once agreed and accepted, these Terms and Conditions will constitute legal, valid and binding obligations on it.
An "Institution" means 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 TES Global Education.
Member account, password and security
This clause explains how we endeavour to protect your personal information as well as your responsibility to look after your account password and for activities that occur under your password and account.
The Internet is not a secure medium. However, TES Global 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 TES Global 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. TES Global cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
This clause sets out the rules that govern your use of our Websites and Services and specifically the rules that will apply if you upload content to our Websites e.g. any resources that you may have created.
Our forums, resource bank and any pages of the Websites where you are able to upload materials are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment. You acknowledge that all information, messages and materials ("User-Uploaded Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User-Uploaded Content originated. We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any User-Uploaded Content placed on our Websites by any of our users.
You acknowledge that by using the Services, there is a risk that you may be exposed to User-Uploaded Content that you may find offensive, indecent or objectionable. Please see the section below titled "Content Objections" for details of how to report such User-Uploaded Content.
You should be aware that a party aggrieved by your User Uploaded Content e.g. because it is defamatory or infringes another party's rights, may take action against you. This could result in registration data and other data concerning your identity being disclosed, and you having to pay compensation to, the aggrieved party.
You agree to not use the Services to:
- upload, post, email, PM (personal message) or otherwise transmit any User-Uploaded Content that:
- - you do not have a right to transmit or that infringes the intellectual property rights of any party
- - is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory
- - amounts to unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or prohibited marketing content including (but not limited to) illicit marketing to children
- - contains software viruses or any other computer code, files or programs designed to (i) interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or (ii) negatively effects a user's ability to access and use the Services;
- impersonate any person or entity, including, but not limited to, a TES Global staff member, a forum leader, guide or host, or misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Uploaded Content transmitted through the Services;
- harm or attempt to harm minors in any way;
- 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 TES Global does not pre-screen User-Uploaded Content that you post on the Websites, but that TES Global 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 TES Global determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any User-Uploaded Content is inappropriate or otherwise objectionable, TES Global may refuse to accept or may remove any User-Uploaded Content from the Websites, without any liability to you or a third party.
You acknowledge that we do not pre-screen User-Uploaded Content that you post on the Websites, but that we shall have the right (but not the obligation) to monitor communications that occur through, and posts made to, the Websites.
If we determine, in our sole discretion, that a user has breached these Terms and Conditions or that any User-Uploaded Content is inappropriate or otherwise objectionable, we may remove any User-Uploaded Content from the Websites and/or disable your access to the Websites, without any liability to you or any third party.
Special warning for international use
This clause explains that the Websites are targeted to UK users and that if you reside outside the UK, you use the Website at your own risk.
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
This clause (in addition to the "Your Conduct" clause above) explains your rights and obligations in relation to the User-Uploaded Content that you post on our Websites.
When you post User-Uploaded Content on our Websites you will (assuming you are the owner) retain all intellectual property rights in the User-Uploaded Content and will have the ability to amend or remove your User-Uploaded Content as you see fit. For the avoidance of doubt, ownership of your User-Uploaded Content will not transfer to us or any user of our Websites at any time.
To enable us (and our users) to make use of your User-Uploaded Content, you grant us (and our users) a licence to use your User-Uploaded Content.
The terms of the licence are set out below and include a waiver of any moral rights you have in the User Uploaded Content. "Moral rights" is a legal term used to describe certain protections the law gives to authors of copyright works. The waiver wording in our terms is included because moral rights can restrict the adaptation of copyright works (e.g. certain User Uploaded Content) by a third party. Including this waiver, gives our users greater freedom to create adaptations of your User-Uploaded Content and incorporate these materials into their own resources.
A number of our Websites allow you to share User-Uploaded Content with other users.
When you upload User-Uploaded Content to our Websites, you will (assuming you are the owner of the User-Uploaded Content) continue to own all intellectual property rights in that User-Uploaded Content. You are able to modify or remove your User-Uploaded Content as you wish.
To enable us to provide the Services and host your User-Uploaded Content we require a licence to use the User-Uploaded Content that you upload to our Websites. In addition, users of our Websites require a licence from you to download and/or otherwise use your User-Uploaded Content. When you upload any User-Uploaded Content to our Websites you grant us, and our users, a non-exclusive, worldwide, royalty-free, perpetual, irrevocable (save as set out below) licence to use, reproduce, publish, create derivative works from, distribute and display such User-Uploaded Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology.
In the event that you remove your User-Uploaded Content from our Websites we will, from the date of such removal, have no right to make the User-Uploaded Content available on the Websites and the licence granted to us above will be deemed to have terminated. Note, however, that those users of the Websites who have downloaded or otherwise made use of your User-Uploaded Content prior to its removal will continue to have a right to make use of such User-Uploaded Content.
With respect to all User-Uploaded Content you upload to the Websites, you hereby waive any moral rights you have in the User-Uploaded Content.
You warrant that (i) you have the right to upload the User-Uploaded Content and grant the rights set out in the licences above and (ii) use of the User-Uploaded Content by either us or our users (in accordance with the licence granted above) will not infringe the rights of any third parties.
This clause explains what you can do if you object to material (including user-generated content) on our websites and the circumstances in which we may decide to remove that material.
If you object to the publication of any material including User-Uploaded Content placed in our forums either because it is offensive or you think it might infringe your intellectual property rights or it is prohibited content, please let us know by clicking on the 'Report abuse' link next to the relevant post/message. Examples of the types of abuse or other objectionable material including User-Uploaded Content include discrimination (for example based on race, religious belief or sexuality), classifiable content, offensive language or user-targeted attacks (such as harassment and bullying). This is the fastest way to notify us and will provide a direct link to the post/message in question.
In order to protect you, TES Global operates a notice and take down system. If you contact us via the 'Report abuse' link that you object to any material including User-Uploaded Content placed in our forums, we will upon receipt of your objection expediently investigate the reported User-Uploaded Content or other material, decide whether your objection is valid and the User-Uploaded Content or other material needs to be removed, in which case we will remove the User-Uploaded Content or other material.
If you object to anything anywhere else on this Website, please let us know by calling 0203 194 3000 or by sending an appropriately worded email to security@TES Globaleducation.com and we will take whatever action we deem appropriate.
General practices regarding use and storage
This clause sets out how we may place limits on use of our services and that we will not be liable to you for doing so.
You acknowledge that TES Global may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that message board postings or other uploaded User-Uploaded Content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that TES Global 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 Services. You acknowledge that TES Global reserves the right to de-activate accounts that are inactive for an extended period of time. You further acknowledge that TES Global reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to the Services
This clause explains that we may change or discontinue a service without being liable to you for doing so, and when we will provide compensation to you if you have paid for a service that is discontinued.
TES Global reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that TES Global shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. If you have paid for a Services which is then discontinued by TES Global without good cause, TES Global will compensate you when it is legally required to do so.
This clause explains when and how we may suspend or terminate a website and/or service, or remove content you have uploaded.
You agree that TES Global, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, your access to the Websites and/or the Services or any part of them or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Services, and may remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if TES Global 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 TES Global's only remedy and TES Global may take any other action we reasonably deem appropriate in connection with such breach.
Dealing with advertisers, suppliers and merchants
This clause clarifies that your dealings with third parties (such as advertisers or merchants) via our services are between you and the third party and that we are not responsible for such dealings.
Your dealings with advertisers, merchants and any other third party found on or through the Services, 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) TES Global 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 Services or the Websites; (b) any orders placed by you on, and any product specifications and product availability appearing on, the Services or the Websites are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant; and (c) TES Global does not endorse or adopt any of the advertisements provided on its Websites.
Links to other websites or resources
This clause explains that we are not responsible for third-party websites or resources that our websites may link to.
The Services may provide, or third parties may provide, links to other websites or resources. Because TES Global Education has no control over these sites and resources, you acknowledge and agree that TES Global 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 TES Global 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.
TES Global's proprietary rights
This clause gives details of our intellectual property rights in relation to our websites and services.
TES Global is the owner or the licensee of all copyright, trade mark right and/or other intellectual property rights in the Websites and the Services (including any content made available through the Websites and/or the Services (see also "Rights in posted content" above) 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 Services or advertisers is protected by third party copyrights, trade marks, service marks, patents or other proprietary rights and laws.
"TES" and "TES Global" are trademarks of TES Global Limited (the "TES Global Marks"). Without TES Global's prior permission, you agree not to display or use in any manner, the TES Global Marks.
Use of TES Global Material
This clause sets out our rights in the website and services and the licence that we give you to use our websites and services.
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 TES Global.
TES Global grants you a personal, non-transferable and non-exclusive right and licence to use the Websites and the Services for their intended purpose subject to your compliance with these Terms 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 TES Global, 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, TES Global 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 Services without TES Global'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.
This clause explains the extent to which you can rely on our services and that we are not responsible for the way in which you use any user-generated content.
You expressly acknowledge and agree that:
- your use of the Services is at your sole risk. TES Global has made every effort to ensure that the content on the Websites and made available through the Services is accurate and up-to-date and correct at the time of publication. However, the Websites and the Services 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 Services or that use of the Websites will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of TES Global for any errors, omissions or inaccurate information on the Websites or available through the Services.
- the content on the Websites and made available through the Services 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 Services do not address your particular circumstances and accordingly you should not rely upon the content of the Websites or the Services as a substitute for proper professional advice.
- TES Global is not responsible for how the content on the Websites or available through the Services 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 Services.
- any material downloaded or otherwise obtained through the use of the Services 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 TES Global shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
This clause sets out your rights and the restrictions imposed on you in relation to the use of confidential information.
You acknowledge that any Confidential Information (as defined in the next paragraph below) which you obtain through the entering into of these Terms and Conditions and the use of the Services constitutes the valuable, confidential, proprietary information of TES Global and its licensors, and you agree that during the term of your use of the Services 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 TES Global, 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
This clause explains what liability we accept in relation to these Terms and Conditions and your use of our websites and services.
TES Global'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 validly paid by you to TES Global under any contract for paid services during the 3 months preceding the event giving rise to the claim.
You expressly acknowledge and agree that TES Global 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,
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 TES Global.
Events outside of our control
This clause explains that we are not liable for events outside our control.
TES Global 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 related contract between us that is caused by events outside our reasonable control ("Force Majeure").
TES Global's performance under any Terms and Conditions or any related contract between us 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 related contract between us may be performed despite the Force Majeure Event.
This clause explains how you can contact us if you have 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 at firstname.lastname@example.org and we'll consider your comments carefully.
This clause sets out some important details about the scope of these Terms and Conditions and how they can be enforced.