CANDIDATE TERMS AND CONDITIONS FOR DIRECT SCHOOL ADVERTS
www.teachingabroaddirect.co.uk is the Site for Teaching Abroad Direct Limited (“TAD”), a company registered in England and Wales, registered number 07902945, whose registered office is Kemp House, 152 – 160 City Road, London EC1V 2NX.
These terms and conditions set out the sole and exclusive basis on which a candidate (the “Candidate”), may use any advertising services made available by TAD through www.teachingabroaddirect.co.uk (the “Site”) and the Candidate shall be deemed to have accepted these terms and conditions by making any use of such services or the Site.
1. DEFINITIONS AND INTERPRETATION
1.1 The following terms as used herein shall have the meaning as stated:
(a) Agreement: these terms and conditions including any document referred to in them;
(b) Candidate Data: data pertaining to the Candidate (including the Candidate Details) which is submitted via the Site by or on behalf of the Candidate or which is otherwise obtained or received by TAD or any Schools;
(c) Candidate Details: information provided by or on behalf of the Candidate (including the Candidate’s Curriculum Vitae and any other information about the Candidate);
(d) Data Protection Law: means the EU Data Protection Directive 95/46/EC (as amended or replaced) and any equivalent data protection laws in any other territory, including Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (as and when said Regulation becomes applicable); and data controller, data processor and personal data shall have the meanings given in the Data Protection Law;
(e) Intellectual Property Rights: all copyrights, patents, registered and unregistered design rights, trademarks and service marks, database rights, domain names and applications for any of the foregoing, together with all trade secrets, know-how, confidentiality rights and other intellectual and industrial property rights in all parts of the world;
(f) Services: the advertising of educational vacancies to Candidates online via the Site and the provision of a mechanism enabling Candidates to fill said vacancies by applying directly to any Schools or to TAD, as applicable;
(g) School: means any school, academy or multi academy trust;
1.2 A reference to a Clause is to a clause of these terms and conditions. Clause headings shall not affect the interpretation of these terms and conditions.
1.3 Any reference to "Parties" means the parties to the Agreement and "Party" shall be construed accordingly.
1.4 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.5 Words in the singular include the plural and in the plural include the singular.
1.6 A reference to one gender includes a reference to the other gender.
1.7 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding or following those terms.
2. THE AGREEMENT
2.1 In consideration of the Candidate complying with the provisions of this Agreement, TAD agrees to provide the Services to the Candidate.
2.2 Under this Agreement, TAD shall not be deemed to be effecting introductions between Candidates and Schools (or vice versa), nor shall TAD be deemed to be supplying Candidates to Schools.
2.3 The Candidate will not be charged for using the Services.
2.4 This Agreement shall subsist until termination thereof in accordance with Clause 9 below.
3.2 TAD does not warrant that:
- the provision of the Services will be uninterrupted or error-free; or
- the details of any vacancies advertised via the Site will be current, complete or accurate.
3.3 The warranty set out in Clause 3.1 is exclusive of and in lieu of all other conditions and warranties, whether express or implied, statutory or otherwise.
3.4 Some of the functionality of the Services relies on utilisation of the more recent features of browser technology and security in order to perform correctly. TAD cannot guarantee that full functionality will be available to Candidates using older versions of certain types of browser.
3.5 Clicking on certain links within the Site might take the Candidate to other websites and TAD 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.
3.6 TAD does not guarantee that any vacancy advertised via the Site will be filled by the Candidate, nor that any position so advertised will be suitable for the Candidate or will meet the Candidate’s requirements.
4. SITE CONTENT AND DATA PROTECTION
4.1 The Candidate acknowledges that it bears sole responsibility for checking the accuracy and completeness of all Candidate Details on the Site and for checking the accuracy and completeness of any Candidate Details or other information provided to TAD. For the avoidance of doubt, this Clause 4 shall apply to all Candidate Details, whether submitted via the Site by the Candidate itself, or on the Candidate’s behalf by another person (whether by TAD or a third party).
4.2 TAD agrees that upon written notice from the Candidate of any inaccuracies in the Candidate Details it will use reasonable efforts to rectify the inaccuracies, provided always that the correct information is provided to TAD by the Candidate.
4.3 The Candidate warrants, represents and undertakes that none of the Candidate Details submitted via the Site will:
- be obscene, indecent, defamatory, infringing of third party rights (of whatever nature and including any Intellectual Property Rights) or otherwise unlawful under the laws of any jurisdiction from which the Site may be accessed;
- be in breach of any applicable regulations, standards or codes of practice;
- be untruthful, deceptive or misleading;
- harm the reputation of TAD in any way.
4.4 TAD shall retain the right at all times to amend, modify or suspend the Site (or any part thereof) from time to time including refusal to provide the Services or any part thereof, refusal to submit any Candidate Details (where the Candidate requests their submission) and to suspend availability of the Site and/or to remove any Candidate Details already submitted via the Site which may, in the opinion of TAD, not be in compliance with any of the provisions of Clause 4.3.
4.5 Any exercise of TAD’s rights under Clause 4.4 above shall be without prejudice to the obligations of the Candidate under Clause 4.3. Submission of any Candidate Details by TAD via the Site shall not under any circumstances constitute a waiver of any of its rights in relation to such Candidate Details or of any breach of the Candidate’s obligations under this Agreement.
4.6 For the purposes of this Agreement, TAD (and/or any Schools who may be in receipt of the Candidate Data) will be acting as a data processor on the Candidate’s behalf with respect to the Candidate Data, whilst the Candidate shall remain at all times the data controller with respect to the Candidate Data. The parties acknowledge that some Candidate Data will contain personal data.
4.9 Without prejudice to the provisions of Clauses 4.7 and 4.8, whilst TAD has put safeguards in place with Schools regarding the processing of Candidate Data, TAD is not responsible for and shall not be liable for the collection, usage and disclosure policies and practices (including the data security practices) of any Schools to whom any Candidate Data is disclosed via the Site.
4.10 The Candidate represents and warrants that where required to do so, it has obtained the necessary consents, permits and authorisations to enable the Candidate Data to be processed on the Candidate’s behalf and that the Candidate shall comply with the Data Protection Law with respect to the processing of the Candidate Data on its behalf.
5. CANDIDATE'S OBLIGATIONS
5.1 The Candidate shall provide TAD with all such reasonable co-operation, assistance and information as TAD may require in the provision of the Services.
5.2 The Candidate undertakes to notify TAD of any changes in the Candidate Details from time to time.
5.3 The Candidate shall keep any password and user name assigned to it by or on behalf of TAD personal and confidential and not disclose it to any other person or organisation and shall be solely responsible for the actions of anybody who accesses the Services via the Site using the Candidate’s log-in details.
5.4 The Candidate undertakes to fully virus-check all data and Candidate Details supplied to TAD pursuant to this Agreement.
5.5 The Candidate further undertakes to:
- obtain, operate and maintain (at its sole cost) all necessary computer hardware and software and telecommunications links which it requires to access the Site; and
- access the Site solely for the purposes of using the Services and not for any other purpose.
6. INTELLECTUAL PROPERTY
6.1 Without prejudice to any Intellectual Property Rights owned by the Candidate prior to this Agreement, the Candidate agrees to waive and acknowledges that it obtains no ownership rights in or claims to any Intellectual Property Rights whatsoever ( including any such Intellectual Property Rights in relation to the Site) by virtue of this Agreement.
6.2 The Candidate hereby grants a royalty-free licence to TAD to use the Candidate’s Intellectual Property Rights (if any) to the extent necessary for all purposes of this Agreement.
7. LIMITATION OF LIABILITY
7.1 TAD shall not be liable for any indirect loss, special loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by the Candidate and arising in any way in connection with this Agreement, nor shall TAD be responsible for any liability of the Candidate to any third party.
7.2 TAD shall not be liable for any viruses uploaded to the Site by the Candidate or by third parties.
7.3 TAD shall not be liable for any failure in respect of its obligations hereunder which results directly or indirectly from any failure or interruption in software or services provided by third parties.
7.4 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from TAD’s negligence.
7.5 Subject to Clause 7.4, TAD’s maximum aggregate liability to the Candidate under or in connection with this Agreement in respect of all claims (whether any such claim arises in contract, tort or otherwise) shall not exceed the sum of £50.00.
8.1 The Candidate undertakes to indemnify TAD against all costs, claims, damages, loss, expenses and liabilities which TAD may incur under this Agreement arising from any breach of the Candidate’s obligations under this Agreement.
9. TERM AND TERMINATION
9.1 Either Party may terminate this Agreement with immediate effect upon notice to the other Party, in accordance with the requirements of Clause 10.6.
9.2 Upon termination of this Agreement by either Party, all Candidate Details will be deleted from the Site.
9.3 Termination of this Agreement shall be without prejudice to any other rights or remedies of either Party.
10.1 TAD shall be entitled to alter the provisions of this Agreement and the Services from time to time by email notification to the Candidate.
10.2 The Candidate shall not assign, dispose of, sub-license, or otherwise transfer any rights granted by this Agreement without the prior written consent of TAD.
10.3 The failure by TAD to exercise or delay in exercising any right or remedy provided by this Agreement or by law shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies by TAD. No single or partial exercise by TAD 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 TAD.
10.4 The Parties’ rights and remedies contained in this Agreement are cumulative and are not exclusive of any rights and remedies provided by law.
10.5 Subject to Clause 10.1, these terms and conditions, together with any other document referred to herein, 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 10.5 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.
10.6 All notices to TAD shall be in writing and shall be made either via e-mail or post to the addresses in the Contact Us section of the Site. TAD may broadcast notices or messages through the Site or contact the Candidate by email and notification by either of these methods shall constitute notice to the Candidate.
10.7 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.
10.8 No term of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999, as amended from time to time, by a person who is not a party to this Agreement.
10.9 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 acts or causes beyond its reasonable control or from any acts of God, or acts or regulations of any Governmental authority.
10.10 This Agreement shall be governed by the laws of England and Wales and the Parties submit to the exclusive jurisdiction of the Courts of England and Wales.