Terms and Conditions
Last updated: 4 August 2014
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.
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.
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.
You should print a copy of these Terms and Conditions for future reference.
General Terms and Conditions for all users
These are the Terms and Conditions that apply to use of TESAustralia.com and the website from which these Terms and Conditions were accessed from (the "Sites").
Who we are
These Sites are brought to you by TES Global Limited of 26 Red Lion Square, London WC1R 4HQ ("TES Global ", "TES" is registered in England and Wales under company number 02017289. Our United Kingdom VAT number is 861 8986 31. TES Global registered address in Australia is Freshwater Place, Level 17 2 Southbank Boulevard, Southbank VIC 3006 , Australia under company number 163 063 723. References to "we", "our" and "us" are references to TES Global .
TES Global 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 Sites (the "Service"). Unless explicitly stated otherwise, any new features of the Service and any Contract, Purchase Contract, Subscription or Scheme (as defined in the Additional Terms) 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.
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 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, TES Global does not pre-screen content posted to these pages of the Site 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 TES Global 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, State or Federal Authorities, School Groups, Colleges and Universities that have chosen to use the Services brought to you by TES Global .
Member account, password and security
The Internet is not a secure medium. However, TES Global will endeavour to protect all personal information collected through the Site in accordance with strict data protection standards.
The registration processes on the Sites 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.
By accessing this TES Global Sites and using TES Global Services, you agree to personal information about you being handled in accordance with:
- any policies, directions, statements or agreements on this Site
- these terms and conditions
Our forums, resource bank and any pages of the Sites 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. TES Global 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, libellous, 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 TES Global 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 Site which is clearly designated as a recruitment service).
You acknowledge that TES Global does not pre-screen Content that you post on the Sites, 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 Sites. If TES Global 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, TES Global may refuse to accept or may remove any Content from the Sites, without any liability to you or a third party.
You agree to indemnify, defend and hold TES Global 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 Sites, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by TES Global .
Special warning for international use
The Sites are designed to be compliant with applicable Australian laws and regulations and are intended for use only by users resident in Australia. Due to the global nature of the Internet, users from all over the world may have access to the Sites, however if you are resident in a country outside of Australia you use the Sites at your own risk.
Rights in posted content
With respect to all Content you post on the Sites, you grant TES Global 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 Sites, 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 TES Global , 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 TES Global and its affiliates for all claims brought by a third party against TES Global 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.
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 Site, please let us know by sending an appropriately worded email to firstname.lastname@example.org or in writing to the Data Protection Officer, Freshwater Place, Level 17 2 Southbank Boulevard, Southbank VIC 3006, Australia, and we will take whatever action we deem appropriate.
General practices regarding use and storage
You acknowledge that TES Global 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 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 Service. 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 Service
TES Global reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (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 Service.
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, the Sites 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 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
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) 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 Service or the Sites, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service or the Sites 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 TES Global 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.
Use of TES Material
All articles, information and other materials presented on this Site are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to TES Global . 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 Site without TES Global ’s written consent. You acknowledge that, by making use of this Site, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
TES's proprietary rights
TES Global is the owner or the licensee of all copyright, trade mark right and/or other intellectual property rights in the Sites and the Service (including any Content made available through the Sites 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 "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 Material
TES Global grants you a personal, non-transferable and non-exclusive right and licence to use the Sites 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 Sites 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 Sites, or download or copy the Sites (other than page caching). If you use the Site 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.
TES accepts that in accessing these pages:
- You may retrieve TES material for information only
- You may save or download a local copy for personal use
- You may send it to your printer for personal use or to communicate the information to authorised and potential users, but you may not make any charge for such use
- Any commercial exploitation is expressly prohibited
- You must clearly acknowledge the source by including the copyright notice in any copy you make.
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 Site or the Service without TES Global ’s prior written consent.
You acknowledge that, by making use of this Site, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
There is no general right for users of copyright material to make digital copies of copyright material. If you wish to load copyright material onto any web pages, specific permission will need to be sought from the copyright owner.
Authors of works are granted copyright protection in Australia as soon as the material expression has been created. There is no legal requirement to register the work.
If the work is created in the course of your employment then the employer will own the copyright.
You expressly acknowledge and agree that:
- Your use of the Service is at your sole risk. TES Global has made every effort to ensure that the Content on the Sites and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Sites 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 Sites or through the Service or that use of the Sites 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 Sites or available through the Service.
- The Content on the Sites 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 Sites and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Sites or the Service as a substitute for proper professional advice
- TES Global is not responsible for how the Content on the Sites 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 Sites 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.
- Unless otherwise stated, the material published within this web site is subject to Australian and international copyright laws and cannot be reproduced in whole or in part without express permission from TES Global .
- 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.
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 TES Global 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 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, Site Content belonging to others and other intellectual property.
Limitations of Liability
TES Global ’s liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Sites and/or any Service shall be limited the greater of: (a) £150 and (b) the price paid by you to TES Global under any Contract 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, reputation, business interruption, use, data or intangible losses even if TES Global 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 TES Global .
Events outside of 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 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.
TES Global ’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.
If you have any complaints about the Sites, we want to hear from you so we can improve our service. Please e-mail us email@example.com and we'll consider your comments carefully.
Our relationship with you is subject to English law and the exclusive jurisdiction of the English courts. Any failure by TES Global 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.