Terms October 2010
We reserve the right, at our sole discretion, to change, modify, add or delete any part of these Terms and Conditions without further notice to you and at any time.
Last updated 7 October 2010
THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF WEBSITE UNDER THE SOLE OR JOINT CONTROL OF TSL EDUCATION LTD 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. THIS NOTICE IS ISSUED BY TSL EDUCATION LTD.
The 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 were last revised. Part 1 of the Terms and Conditions applies to all users of the websites listed below. However, particular services may also be governed by additional or alternative terms of service, which will be posted in a separate part to these Terms and Conditions.
Your continued use of the service or the web 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 web. It is your responsibility to regularly check the website to determine if there have been changes to these Terms and Conditions and to review such changes.
PART 1 – Terms and Conditions for all users
These are the Terms and Conditions that apply to use of:
If you do not accept these terms and conditions you may not make any further use of the website.
The ServiceTSL Education currently provides users with access to various online services and resources including forums and specialist content through its network of Websites (the "Service"). Unless explicitly stated otherwise, any new features of the Service will be subject to these terms and conditions.
Eligibility and supervising childrenCertain 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.
TSL Education 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, they may be able to access various services including forums. As you will see below, TSL Education 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.
Member account, password and securityThe Internet is not a secure medium. However, TSL Education will endeavour to protect all personal information collected through the Website in accordance with strict data protection standards.
The registration processes on the Website 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 TSL Education 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. TSL Education cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
Your conductOur forums, resource bank and any pages of the Websites 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. TSL Education 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, libelous, 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 TSL Education 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, trademark, 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; or
- advertise any job vacancies in any area of our forums.
You acknowledge that TSL Education does not pre-screen Content that you post to TSL sites, but that TSL Education 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 TSL Education determines, in its sole discretion, that you or another users have breached these Terms and Conditions or that any Content is inappropriate or otherwise objectionable, TSL Education may refuse to accept or remove any Content that is available via the Service, without any liability to you or a third party.
Special warning for international useThe Website are designed to be complaint 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 contentWith respect to all Content you post to the Websites, you grant TSL Education 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 Website, you agree to 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 TSL Education, 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 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 TSL Education and its affiliates for all claims brought by a third party against TSL Education 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.
Content objectionsIf 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 Website, please let us know by calling 0203 194 3000 or by sending an appropriately worded email to email@example.com and we will take whatever action we deem appropriate.
General practices regarding use and storageYou acknowledge that TSL Education 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 TSL Education 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 TSL Education reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TSL Education reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to serviceTSL Education 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 TSL Education shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TerminationYou agree that TSL Education, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Websites an/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 TSL Education believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. The responses described in this paragraph are not limited, and TSL may take any other action we reasonably deem appropriate in connection with any breach of these Terms and Conditions.
Dealing with advertisers and merchantsYour 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) TSL Education 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, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service are subject to confirmation by, and the Terms and conditions of business of, the relevant merchant.
LinksThe Service may provide, or third parties may provide, links to other websites or resources. Because TSL Education has no control over these sites and resources, you acknowledge and agree that TSL Education 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 TSL Education 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.
TSL's proprietary rightsTSL Education is the owner or the licensee of all intellectual property rights in the Websites and the Service (including any Content made available through the Websites 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, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by TSL Education or advertisers, you agree not to reproduce, duplicate, copy, modify, rent, lease, loan, sell, resell, distribute, exploit or create derivative works based on the Service or the Software, in whole or in part.
"TES" and "TSL Education" are trademarks of TSL Education Limited (the "TSL Education Marks"). Without TSL Education's prior permission, you agree not to display or use in any manner, the TSL Education Marks.
TSL Education grants you a personal, non-transferable and non-exclusive right and licence to use the Websites and the Service for its intended purpose, subject to your complaince with these Terms and Conditions. This license does not include the right to collect or use information contained on the Websites for purposes prohibited by these Terms and Conditions; to compete with TSL Education; 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 license or you breach these Terms and Conditions, TSL Education may revoke the license granted to you.
You expressly acknowledge and agree that:
- Your use of the service is at your sole risk. TSL Education has made every effort to ensure that the Content on the Websites and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Websites 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 Websites or through the Service or that use of the Websites will be uninterrupted or error-free. No responsibility is accepted by or on behalf of TSL Education for any errors, omissions or inaccurate Information on the Websites or available through the Service.
- The Content on the Websites 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 and Content of the Websites and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Websites or the Service as a substitute for proper professional advice.
- TSL Education is not responsible for how the Content on the Websites or available through the Service is used, how it 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 service is done at your own discretion and risk and that 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 TSL Education shall create any warranty or other obligation not expressly stated in the Terms and conditions.
Limitations of LiabilityYou expressly acknowledge and agree that TSL Education shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TSL Education has been advised of the possibility of such damage) resulting from: (i) the use of or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of TSL Education.
ComplaintsIf you have any complaints about the Website, we want to hear from you so we can improve our service. Please e-mail us and we'll consider your comments carefully.
General informationThese Terms and conditions (including the guides and rules referred to herein) constitute the entire agreement between you and TSL Education and govern your use of the Service, superseding any prior agreements between you and TSL Education. You also may be subject to additional Terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our relationship with you is subject to English law and the exclusive jurisdiction of the English courts. Any failure by TSL Education 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.
PART 2 – Terms and Conditions of Supply for purchasers of magazine subscriptions from www.subscription.co.uk
Part 2 of the Terms and Conditions are additional terms which govern the supply of our magazines under a subscription contract (the "Subscription") ordered from the website www.subscription.co.uk (the "Site"). In the event of a conflict the terms of Part 2 shall prevail over Part 1.
Please read these Terms and Conditions carefully before ordering any Subscription from the Site as your order indicates that you agree to be bound by these Terms and Conditions.
You should print a copy of these Terms and Conditions for future reference.
EligibilityBy placing an order on the Site, you promise that you are (1) legally capable of entering into binding contracts; and (2) over the age of 18 years[; and (3) resident in the UK.
Placing an order on the SiteYour order represents an offer to TSL Education to purchase a Subscription. After placing your order, you will receive an email for us acknowledging receipt of your order. Please note that this does not mean that your order has been accepted. TSL Education reserves the right at any time after receipt of your order up until the first magazine is dispatched to decline your order for any reason. We will confirm acceptance of your order by sending you an email confirming that your first magazine has been dispatched. Only at this point has a binding contract been formed between you and us (the "Contract").
As the Subscription is for the supply of magazines and periodicals there is no right to cancel the Contract.
Price and PaymentThe price of the Subscription will be as quoted on the Site from time to time, except in the case of obvious error. The price is inclusive of all charges and delivery costs to the UK mainland. Prices are liable to change at any time, but changes will not affect existing Contracts and orders which we have accepted in accordance with the process outlined above.
If the Site contains incorrect information, or a subscription is listed at an incorrect price, due to typographical errors or an error in pricing information, TSL Education shall not be under any obligation to provide the products to you at the incorrect price, even after we have accepted your order, if the pricing error was obvious to a reasonable person. If payment has already been taken for the purchase and your Subscription is cancelled, TSL Education shall immediately issue a credit or refund in the amount of the incorrect price. Alternatively TSL Education will give you the option of reconfirming your order at the correct price.
Payment can be made by credit or debit card or by direct debit. TSL education will deduct the appropriate amount from your credit or debit card when you place the subscription order and despatch will commence from the next available issue. This is normally be within two weeks of subscribing.
If you order a Subscription for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Term of the Contract and your right to cancelThe Subscription will be for the term requested by you in your order, as confirmed in the email sent on formation of the Contract. Subscribers may cancel their subscription at any time and the cancellation will take immediate effect from the date of confirmation. Refunds of the balance remaining from any pre-paid amount will be made within 30 days of confirmation of cancellation for all non-despatched issues.
Limitation of LiabilityTSL Education warrants to you that all products purchased through the Site are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
TSL Education's liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the price of the Subscription you purchased. You expressly acknowledge and agree that TSL Education shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TSL Education has been advised of the possibility of such damage) This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
Events outside of our ControlTSL Education will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the 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.
TSL Education's performance under 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 for the duration of 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 Contract may be performed despite the Force Majeure Event.
PART 3 – Terms and Conditions for recruiting Institutions
Part 3 of the Terms and Conditions apply, in addition to the terms in Part 1, to any recruiting establishment such as but not limited to schools, Local Authorities, School Groups, FE Colleges and HE universities ("the Institution") that have chosen to use the web-based recruitment services ("the Recruitment Service"), which are brought to you by TSL Education Limited of 26 Red Lion Square, London WC1R 4HQ ("TSL Education"). References to "we", "our" and "us" are references to TSL Education. References to "you" and "your" are references to the school/Local Authority/School Group. The Terms and Conditions may be updated by us from time to time without notice to you. You should review these Terms and Conditions periodically for changes. In the event of any conflict the terms in Part 3 shall prevail over the terms in Part 1.
AppointmentYou hereby appoint TSL Education, and TSL Education accepts such appointment, to provide the Recruitment Service in accordance with these Terms and Conditions. As part of the Recruitment Service we will:
- create and provide an individual "User Account" for each of your nominated staff members and show you how to create further User Accounts for other staff members as and when you need them. All staff with User Accounts are referred to as "Users" in these Terms and Conditions.
- provide all reasonably necessary training to the Users to enable them to use the Recruitment Service.
- create and host a dedicated microsite branded for your Institution (the "Microsite").
- provide Users with reasonable levels of support and advice in relation to their use of the Recruitment Service.
Requirements from the InstitutionWe provide the Recruitment Service completely free of charge. However, we will need you to give us the information, staff time and assistance that we may reasonably require in order to enable us to activate your User Accounts and provide the services you need.
Information made available to you through the Site are provided solely for the purpose seeking and recruiting staff. You may not use, print and download information from the Site for any other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site.
You shall delete all personal information obtained through the Recruitment Service upon conclusion of your search for a suitable candidate or in accordance with your obligations under the Data Protection Act 1998 (the "DPA"), unless the applicant has expressly consented to the retention and continued processing of his/her personal data.
You shall deal fairly and professionally with all applicants who respond to an advertisement you have posted on the Microsite and shall not do anything which may bring the Site and/or TSL Education into disrepute. You hereby 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 TSL Education on request; and
- once agreed and accepted, these Terms and Conditions will constitute legal, valid and binding obligations on it.
Using the Recruitment ServiceEach User will be able to save text, data, graphics, other file attachments and other content into Recruitment Service in order to place adverts for jobs(the "Institution Content"). All intellectual property rights in the Institution Content shall be owned by the Institution.
Although we are letting you access and use the Recruitment Service, all other intellectual property rights, including all copyright, database rights, in (i) any content (other than Institution Content) in the Microsite (ii) HireWire and (iii) the database of applicants' information and cvs shall be owned by us or our third party suppliers.
A few points to noteAs this is a free service, you acknowledge and accept that the Microsite and the Recruitment Service are made available on an "as is" basis and that (to the extent we can exclude implied warranties) we give no warranties in relation to the availability or performance of the Microsite or the Recruitment Service or any other services or facilities we may provide to your Institution from time to time.
On occasion, we may need to modify, suspend or discontinue (temporarily or permanently) the provision of the Recruitment Service, any User Account or any other of our services or facilities and we shall not be liable to your Institution or any third party in relation to any loss, damage or cost incurred as a result. Further, under no circumstances shall we be liable to your Institution for loss of data, goodwill or reputation. However, nothing in these Terms and Conditions shall (or shall be taken) to exclude or limit any liability which may not be excluded or limited as a matter of law.
We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
You shall (and you shall also procure that all Users shall) comply with these Terms and Conditions, as amended from time to time.
IndemnityYou agree to indemnify TSL Education for all losses, costs, claims and expenses incurred in relation to a breach of your obligations under these Terms and Conditions
Data ProtectionTo the extent that either you or TSL Education is acting as a data controller, each party shall comply with its respective obligations under the DPA. You acknowledge that TSL Education may process personal data relating to an applicant and/or a User for its own purposes as a data controller.
To the extent that TSL Education is processing any personal data on your behalf as a data processor, TSL Education shall:
- implement and maintain appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
- process the personal data only in accordance with your instructions (which may be specific instructions or instructions of a general nature as set out in this Agreement or as otherwise notified to us).
To the extent that TSL Education as a data controller transfers personal data to you, you warrant and undertake that:
- you will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected;
- you have no reason to believe that any local laws are in existence that would have a substantial adverse effect on the guarantees provided for in these Terms and Conditions, and that it will promptly inform TSL Education if it becomes aware of any such laws;
- you will identify a contact point authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with TSL Education, the data subjects and the UK Information Commissioner concerning all such enquiries within a reasonable time; and
- you will process the personal data in accordance with the data processing principles set forth in the Data Protection Act 1998.
To the extent that you as data controller transfers personal data to TSL Education, you warrant and undertake that;
- the personal data provided to you has been collected, processed and transferred in accordance with English law; and
- it shall respond to enquiries from data subjects and the UK Information Commissioner concerning the personal data transferred to you.
PART 4 – Terms and Conditions for the Rewards Scheme
Part 4 of the Terms and Conditions apply, in addition to the terms in Part 1, to any recruiting educational institution that has and 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 in the United Kingdom ("the Institution", "you" and "your") that have chosen to use the free of charge online applicant and recruitment processing & tracking services ("HireWire"), which are made available to the Institutions by TSL Education Limited of 26 Red Lion Square, London WC1R 4HQ ("TSL Education", "we", "our" and "us") on https://www.hirewire.co.uk/AppTrackSys/ATS_PreLoginHome.aspx ("HireWire Website").
The Terms and Conditions may be updated by us from time to time without notice to you. You should review these Terms and Conditions periodically for changes. In the event of any conflict between Parts 1 and 4 of the Terms and Conditions, the terms in Part 4 shall prevail over the terms in Part 1.
The TES Rewards Scheme
TSL Education has introduced a reward scheme for participation by eligible Institutions (as described above):
Eligible Institutions that book any recruitment advertisement that is the property or under the control of TSL Education ("Advertisement") to be placed in the Publications (defined below) via HireWire or TES Prime, a dedicated leadership recruitment search and short-listing service for the education sector ("TES Prime") will be awarded a soft credit in the form of accumulated points which can be redeemed against specific advertising upgrades for vacancy Advertisements in accordance with the provisions set out in this Part 4 ("Scheme").
The Publications are as follows in their online and print formats:
TES, TESS, TES Cymru
(together the "Publications")
Eligibility & Exclusions
The Scheme is open to any Institution who:
- is registered and has an active account with HireWire to place Advertisements on the Publications;
- has a unique HireWire account;
- has reference contacts detailed on its HireWire account ("Representatives"); and
- initiates request(s) for the placement of an Advertisement through HireWire ("Booking(s)").
Points will automatically be awarded to an eligible Institution for:
- all Advertisements booked by such Institution through HireWire to be placed in the Publications, subject to the receipt of the unique reference number, issued at placement of the Advertisement
- recruitment activity by such Institution via TES Prime.
Any Representative using HireWire to place Advertisements on behalf of an Institution or group of Institutions will have Points awarded to the Institution that it represents.
In the case of a composite Advertisement, which contains a number of smaller Advertisements for more than one (1) Institution, the number of Points awarded will be apportioned to each constituent Institution's account according to their relative contribution of the total invoiced amount. For the avoidance of doubt, costs are apportioned equally for print Advertisements and apportioned in accordance to product type for online Advertisements.
For the avoidance of doubt, the Scheme only applies to Advertisements booked to be placed in the Publications. The Scheme does not apply to any publications which are not specifically listed above in the definition of the Publications, including any recruitment Advertisements placed within the Times Higher Education Magazine (THE) or any other publication or product associated or which may become associated with TSL.
The Scheme commences from 1st September 2010 and will continue in force until terminated by TSL Education in accordance with this Part 4.
Points will be awarded on a rolling annualised basis i.e. Points will only be valid for the Academic Year in which the Points are awarded ("Award Year") and in the Academic Year immediately following the Award Year ("Subsequent Year"). The Points awarded in each Award Year will automatically expire and will be removed from an Institution's account on the last day of the Subsequent Year. Points must be redeemed within the timeframes specified in this Part 4.
To redeem Points that are due to expire, an Advertisement must have been booked prior to the 31st August in the Subsequent Year. However, the date of placement of the Advertisement can be for any time after 31st August in the Subsequent Year.
For the purposes of this Part 4, an "Academic Year" is each twelve (12) month period running from 1st September to the following 31st August until such time as the Scheme's period is amended or terminated by TSL Education.
For the avoidance of doubt, in the first Academic Year, Points will start to accrue from 1 September 2010, but Points will only be redeemable from 1st October 2010.
Points will be awarded at a rate of 0.0625 Points per British pound of advertising spend as follows:
- on the gross price of an Advertisement exclusive of any agency discount with regards to Bookings for Advertisements made via HireWire; and
- on the British pound value of the contract signed with regards to TES Prime.
There is no redemption value to the Points, but Points can be redeemed in accordance with the Redemption section below.
We reserve the right to change the rate at which Points are awarded and the number of Points required for redemption purposes at any time. Any changes to the Scheme will be updated in these Terms & Conditions fourteen (14) days prior to coming into effect and a notification placed at the top of date of change. We strongly advise you to regularly review these Terms and Conditions.
Points are awarded only after invoicing and not at the time of making the Booking. For recruitment Advertisements this will ordinarily be on the Friday of the week of publication and no later than 7 days following placement of the Advertisement.
For TES Prime, Points will be awarded within 7 days of invoicing or at an agreed date with the Institution.
Points are only awarded against actual expenditure.
Points are not awarded against any elements of an Advertisement or service that is free.
Promotional Points offers
Special promotional offers where the rate of the Points awarded is temporarily increased for a limited period of time will not be updated in the Terms & Conditions. However, full details of the terms and conditions of each promotion will be made available to you on the loyalty page on the HireWire Website and you will be notified of how you can obtain a copy of the terms and conditions, at the time of making the Booking, in a direct sales call or via a marketing communication.
All Points whether they are awarded via Bookings for Advertisements made through HireWire or via TES Prime are only redeemable against the specific upgrade products for Bookings for Advertisements made through HireWire listed in the table below:
Where an Institution has a Points balance of 250 or more and they purchase a Bronze online package they are entitled to an upgrade to a Silver online package
Where an Institution has a Points balance of 500 or more and they purchase a Bronze online package they are entitled to an upgrade to a Gold online package
Where an Institution has a Points balance of 500 or more and they purchase a mono-colour recruitment print Advertisement they are entitled to an upgrade to a colour print Advertisement.
You can obtain further information about the Redemption Products and the Advertisement packages listed in the table above by contacting our sales team on 0203 194 3194 or firstname.lastname@example.org
Once Points have been redeemed, the Institutions account balance will be reduced by the appropriate amount.
Points can only be redeemed against the Redemption Products listed in these Terms & Conditions.
We reserve the right to alter or withdraw the Redemption Products on giving twenty-eight (28) days notice, provided by email to all Institutions with a HireWire account.
Points cannot be used as full or part payment against Advertisements.
Points are not awarded against the nominal value of any Redemption Product. However Points will be awarded against the cost of the paid Advertisement or service. For example, if an Institution redeems its Points to obtain a silver Upgrade, they will only be awarded new Points for the gross price of the bronze online package.
Redemptions can only be claimed against Points that have been fully credited to an Institution's account.
For print Advertisements, Points may only be redeemed for an entire composite Advertisement and not in part.
Composite Advertisements incorporating differing Institutions may be upgraded only where each constituent Institution has the necessary redeemable Points and agrees to redemption of its Points against an Upgrade.
Subject to TSL Education's sole discretion in the next paragraph, Points are awarded to an individual Institution and cannot be transferred.
Where an Institution merges or changes, a written request must be made to TSL Education outlining the reason and background for change of state and details of the transfer. TSL Education will, at its sole discretion, determine the appropriateness of the transfer of any outstanding Points balance. All decisions of TSL Education will be final.
In the case of federated Institutions or any type of Institutions grouping, Points will be allocated only to each individual Institution within the federation or group. Points cannot be transferred between Institutions within federated Institutions or Institutions groups.
Institutions are able to check their Points on the loyalty details page of their HireWire account. This will show:
- the current total balance of Points; and
- a breakdown of the number of Points in the Award Year and the preceding Award Year.
Pending Points will not be shown. Pending redemptions will be shown; however this information is only updated at the end of each working day.
Points will only be available for online review by the institutional HireWire account being used. Points accrued by other Institutions can be checked by calling the Customer Support team using the details listed below.
Queries on the Scheme
Customers with any queries relating to the Scheme can contact the dedicated Customer Service Number on 0203 194 3194, can email email@example.com or write to:
TES Rewards Scheme
TSL Education Ltd
Red Lion Square
London WC1R 4HQ
We retain the right to update the Terms and Conditions of the Scheme at any time. The latest Terms and Conditions are available at https://www.tes.co.uk under from the "terms & conditions" or by writing to the address above.
We reserve the right to modify the Scheme at any time. Any modifications, other than for periodic special offers, will be posted in these Terms & Conditions. We also reserve the right to withdraw the Scheme on twenty-eight (28) days notice. Notice will be updated on these Terms & Conditions and an email notification will be sent to all Institutions with a HireWire account.
We retain the right to exclude any Institution or its agent from participating in the Scheme. Any Institution or its agent excluded from the Scheme will have the right to request the reason for exclusion and thereafter may submit in writing an appeal against the exclusion. The outcome of an appeal will be at the sole discretion of TSL Education and be final.
Where an Institution is excluded, the Institution's rewards account will immediately be withdrawn and the Points balance brought down to zero, without any compensation or reimbursement.
Any abuse of the Terms and Conditions of the Scheme will result in the Institution or its agent being excluded. A list of actions deemed to be abusive may be requested in writing to TSL Education at the address above.