Last updated: 3 February 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 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. THESE TERMS AND CONDITIONS ARE ISSUED BY TSL EDUCATION LTD.
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.
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 TSL Education Limited of 26 Red Lion Square, London WC1R 4HQ ("TSL Education"). TSL Education 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 TSL Education.
Use of your personal information
This clause explains the types of services that we provide on our websites.
TSL Education 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.
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 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, 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.
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 TSL Education 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 TSL 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, 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 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 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.
This clause sets out the rules that govern your use of our website and services.
Our 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 ("User-Uploaded Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User-Uploaded Content originated. TSL Education accepts no responsibility for, and does not guarantee, the accuracy, integrity or quality of any User-Uploaded Content placed on our online forums by you or any third party.
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.
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 Services to:
- upload, post, email, PM (personal message) or otherwise transmit any User-Uploaded 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 User-Uploaded Content transmitted through the Services;
- upload, post, email or otherwise transmit any User-Uploaded 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 User-Uploaded 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," prohibited marketing content including (but not limited to) illicit marketing to children or marketing that is otherwise attempting to exploit the vulnerabilities of a child, or any other form of solicitation;
- 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 Services 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 Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- 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 TSL Education does not pre-screen User-Uploaded Content that you post on the Websites, 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 user have breached these Terms and Conditions or that any User-Uploaded Content is inappropriate or otherwise objectionable, TSL Education may refuse to accept or may remove any User-Uploaded Content from the Websites, without any liability to you or a third party.
This clause explains your obligations to us if you violate these Terms and Conditions, including your obligation to compensate us if we incur liabilities as a result of your violation.
You agree to indemnify, defend and hold TSL Education 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 User-Uploaded Content, our Websites, Services and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by TSL Education.
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 explains your rights and obligations in relation to the content that you post on our websites and the terms of the licence which you grant us regarding that content. The license does not change or transfer copyright or the intellectual property ownership to TSL. Copyright and intellectual property ownership remains with you after uploading content, if you are the copyright and intellectual property owner.
The terms of the licence includes a waiver of any moral rights you have in the content. Moral rights is a legal term used to describe certain protections the law gives to authors of copyrighted work. The waiver wording in our terms is included because moral rights can restrict the adaption of copyrighted works, including content uploaded by users. Including this waiver TES members and TSL allows greater freedom to create adaptations and incorporate them into resources for use by the wider TES user community.
All User-Uploaded Content copyright remains with the intellectual property owner and not TSL. TSL will never sell freely provided User-Uploaded Content.
If you post or upload any content to our 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 User-Uploaded 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 User-Uploaded Content you post to the Websites, you hereby waive any moral rights you have in the User-Uploaded 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 (i) you own or otherwise control all of the rights to the User-Uploaded Content or have the permission of the person who owns or otherwise controls all of the rights to the User-Uploaded Content, and (ii) have the right to grant the rights set out in the licence that you granted to TSL Education. You also represent, warrant and undertake that: (i) use of the User-Uploaded Content will not infringe the rights of any third parties (including that the User-Uploaded Content or material is not defamatory); and (ii) you have obtained all rights and consents that are necessary for you to provide the User-Uploaded Content; and (iii) you will immediately remove and notify us of any User-Uploaded Content that 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.
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, TSL Education 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 firstname.lastname@example.org 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 TSL Education 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 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 Services. You acknowledge that TSL Education reserves the right to de-activate 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 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.
TSL Education 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 TSL Education 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 TSL Education without good cause, TSL Education 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 TSL Education, 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 TSL Education 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 TSL Education's only remedy and TSL Education 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) 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 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) TSL Education 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 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 rights
This clause gives details of our intellectual property rights in relation to our websites and services.
TSL Education 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 "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.
Use of TSL 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 TSL Education.
TSL Education 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 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 licence or you breach these Terms and Conditions, TSL Education 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 TSL Education'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. TSL Education 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 TSL Education 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.
- TSL Education 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 TSL Education 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 TSL Education 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 TSL Education, 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.
TSL Education'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 TSL Education under any contract for paid services during the 3 months preceding the event giving rise to the claim.
You expressly acknowledge and agree that TSL Education 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 TSL Education.
Events outside of our control
This clause explains that we are not liable for events outside our control.
TSL Education 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").
TSL Education'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 email@example.com 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.