Last updated: [•] 2015
|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 Global Limited Terms and Conditions (as amended from time to time) when using our websites, as well as with any additional terms and conditions that apply to some of our services.|
THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE WEBSITES UNDER THE SOLE OR JOINT CONTROL OF TES GLOBAL LIMITED AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN US AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OF THE WEBSITES LISTED HERE. USE OF THESE WEBSITES INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THESE TERMS AND CONDITIONS ARE ISSUED BY TES GLOBAL LIMITED.
These terms and conditions ("Terms and Conditions") may be updated by us from time to time without notice to you. We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised. We will take reasonable steps to inform disabled users of any changes and the date of such changes to these Terms and Conditions.
Your continued use of the Services (as defined below) or the Website (as defined below) after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the Services or the Websites. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes.
The General Terms and Conditions apply to all users of the websites listed below. However, particular Services may also be governed by additional or alternative terms of service, which are set out in Additional Terms of these General Terms and Conditions and may also be provided separately, in which case please note that the General Terms and Conditions and any Additional Terms must be read together.
For institutions, corporations, public bodies or persons representing any of those, the General Terms and Condition and the Additional Terms for Institutions apply in all instances.
You should print a copy of these Terms and Conditions and any relevant Additional Terms for future reference. If you have any questions, please refer to our FAQs page.
Additional Terms apply to some of our Websites and/or Services, to view them please see the following:
- Additional Terms for Magazine Subscriptions
- Additional Terms for Digital Subscriptions
- Additional Terms for Institutions and Companies
- Additional Terms for the Rewards Scheme
- Additional Terms for iBoard
- Additional Terms for TES Pro
- Additional Terms for Groups
- Additional Terms for TES Phonics
- Additional Terms for TES SPaG
- Additional Terms for TES Courses
- Additional Terms for TES Resources
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 (the "Websites").
Who we are
|This clause tells you some basic information about our company.|
These Websites are brought to you by TES Global Limited of 26 Red Lion Square, London WC1R 4HQ ("TES Global") and/or our applicable Affiliates. TES Global is registered in England and Wales under company number 02017289. Our VAT number is 867 8986 31. References to "we", "our" and "us" are references to TES Global. In these Terms and Conditions, “Affiliate” means, in relation to any party, any person or entity Controlling, Controlled by or under common Control with such party, for the time being; and for these purposes, “Control” means the power to direct or cause the direction of the management and policies of a party, whether directly or indirectly and whether through the ownership of voting securities, by contract, or otherwise, and the words “Controlling” and “Controlled” shall be construed accordingly.
Use of your personal information
|This clause explains the types of services that we provide on our websites.|
TES Global currently provides users with access to various online services and resources including forums, recruitment services, magazine and other subscriptions, marketplace and specialist content through its network of Websites (the "Services"). Unless explicitly stated otherwise, any new features of the Services will be subject to these Terms and Conditions. Any purchase contract you may enter into by using the Services will be subject to the terms of sale presented to you at the time of sale in addition to these Terms and Conditions and any Additional Terms applicable to the relevant Service. User-Uploaded Content (as defined below) may be made available for download subject to various terms and conditions and under specific additional licences in respect of such content; save as otherwise provided, such additional licences are not granted by TES Global but rather by the author of such User-Uploaded Content. You agree to be bound by the licensing arrangements relating to such materials and not to use any of the Services in a manner that breaches any such licences. Please see our Additional Terms for more information.
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 using the appropriate forms on our Websites or emailing us at firstname.lastname@example.org) to keep it true, accurate, current and complete. We may terminate your account and any or all rights to the Websites, Services or licences granted if any information you provide is inaccurate, false, or incomplete.
TES Global is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or teachers who wish to allow their children or pupils access to the Services should assist them in setting up any relevant accounts and supervise their access to the Services. By allowing your child access to the Services, he/she may be able to access various services including forums. As you will see below, TES Global generally 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 your and 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 of and on such Institution or company.
An "Institution" means any educational establishment that provides teaching and learning curriculum as its core functional remit and existence such as, without limitation, schools, Local Authorities, School Groups, FE Colleges and HE universities that have chosen to use the Services brought to you by TES Global.
Member accounts, passwords and security
This clause explains how we endeavour to protect your personal information as well as your responsibility to look after your account password and for activities that occur under your password and account.
The Internet is not a secure medium. However, TES Global will endeavour to protect all personal information collected through the Website in accordance with appropriate data protection standards.
The registration processes on the Websites may involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TES Global of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. TES Global cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
Member Acceptance of Terms of Sale
|This clause explains how you are obliged to agree to the Terms and Conditions and any additional terms every time you use our Websites to make an electronic purchase.|
Your use of the Websites and registration of an account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of these Terms and Conditions (including the Additional Terms relating to such purchase), and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on our Websites, including notices of cancellation, policies, contracts, and applications.
This clause sets out the rules that govern your use of our websites and services and specifically the rules that will apply if you upload content to our Websites e.g. any resources that you may have created.
Our forums, resource bank and any pages of the Websites where you are able to upload materials are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment. You acknowledge that all information, data, messages, documents and materials uploaded or contributed to our Websites ("User-Uploaded Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User-Uploaded Content originated. We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any User-Uploaded Content placed on our Websites by any of our users.
You acknowledge that by using the Services, there is a risk that you may be exposed to User-Uploaded Content that you may find offensive, indecent or objectionable. Please see the section below titled "Content Objections" for details of how to report such User-Uploaded Content.
You should be aware that a party aggrieved by your User-Uploaded Content (for instance, because it is defamatory or infringes another party's rights) may take legal action against you. This could result in Registration Data and/or other data concerning your identity being disclosed, and you having to pay compensation, to the aggrieved party.
You agree to not use the Services to:
- upload, post, email, PM (personal message) or otherwise transmit any User-Uploaded Content that:
- you do not have a right to transmit or that infringes the intellectual property rights of any party;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory;
- amounts to unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or prohibited marketing content including (but not limited to) illicit marketing to children; and/or
- contains software viruses or any other computer code, files or programs that (i) interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or (ii) negatively affect a user's ability to access and use the Services;
- impersonate any person or entity, including, but not limited to, a TES Global staff member, a forum leader, guide or host, or misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Uploaded Content transmitted through the Services;
- harm or attempt to harm minors in any way;
- intentionally or unintentionally violate any applicable law or regulation;
- collect or store personal data about other users;
- use data mining, robot, spider, scraping or similar automated data gathering, extraction or publication tools for any purpose;
- 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;
- advertise any job vacancies in any area of our forums (other than through a Website which is clearly designated as a recruitment service); and/or
- breach any license you have been granted to make use of any User-Uploaded Content.
You acknowledge that TES Global generally does not pre-screen User-Uploaded Content that you post on the Websites, but that TES Global and people designated by it shall have the right (but not the obligation) to monitor communications that occur through, and posts made to, the Websites. If TES Global determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any User-Uploaded Content is inappropriate or otherwise objectionable, TES Global may refuse to accept or may remove any User-Uploaded Content from the Websites, without any liability to you or a third party.
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. It also explains how any dispute arising with a user outside the UK will be dealt with.
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. If you are resident in a country outside of the UK you use the Websites at your own risk.
Rights in posted content and your licence(s) to use such content
This clause (in addition to the "Your Conduct" clause above) explains your rights and obligations in relation to the content that you upload to our Websites and the terms of the license that you grant us, and/or our users regarding that content to enable us and/or our users to use it.
This section contains some information for users who have downloaded content from our websites on a previous occasion, or who have downloaded content which is yet to have a Creative Commons licence granted over it by the author.
This section also ensures that your collation and/or reorganisation of other parties’ content does not give rise to intellectual property rights that could encumber other users’ ability to use such content in a similar manner as you may have done. Accordingly, we require that you waive your rights to and give us ownership of any such intellectual property rights that arise so that we can take appropriate steps to ensure other users benefit from them and/or are not unduly constrained by them.
Licences to User-Uploaded Content uploaded by you
A number of our Websites allow you to share User-Uploaded Content with other users.
When you upload User-Uploaded Content to our Websites, you will (assuming you are the owner of the User-Uploaded Content) retain all intellectual property rights that you own in that User-Uploaded Content. You are able to modify or remove your User-Uploaded Content as you wish.
To enable us to provide the Services and host your User-Uploaded Content we require a licence to use the User-Uploaded Content that you upload, or otherwise contribute, to our Websites. The terms of the licence we require depends on the type of content uploaded, which we treat as falling within two categories as follows: (a) User-Uploaded Content uploaded as distinct files, largely for the purpose of sharing teaching resources; and (b) all other content, chiefly comments and forum posts.
- Regarding content that falls within category (a): please see the TES Resources Additional Terms for details on the licence you grant us.
- Regarding content that falls within category (b): You grant us and each of our Affiliates a non-exclusive, sublicensable, worldwide, fully paid-up, royalty-free, perpetual and irrevocable (save as set out below) licence to use, reproduce, publish, create derivative works from, distribute and display such User-Uploaded Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology. In the event that you remove your User-Uploaded Content from our Websites, from the date of such removal, the licence(s) granted to us above will be deemed to have terminated. You warrant that you have the right to upload the User-Uploaded Content and grant the rights set out in the licences above.
Your use of other parties’ User-Uploaded Content
Certain parts of our services enable you to collate, remix, list, organise, arrange systematically, catalogue or otherwise use other parties’ User-Uploaded Content within our Websites. You agree that your use of the services in such manner does not entitle you to any intellectual property rights in or in connection with other parties’ User-Uploaded Content that you so use. To the extent that any intellectual property rights (including any database or other similar right and any moral rights thereto) exist or arise as a result of your use of other parties’ User-Uploaded Content in such manner (“Arising Database IP”), you agree (i) that ownership of such Arising Database IP shall automatically vest in TES Global, and that you waive all right, title and interest that you may obtain or have obtained in or to such Arising Database IP; and (ii) if you are required to do so by TES Global, that you shall do all things reasonably necessary to confirm TES Global’s ownership of such Arising Database IP.
General practices regarding use and storage
|This clause sets out how we may place limits on use of our services and that we will not be liable to you for doing so.|
You acknowledge that TES Global may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that message board postings or other uploaded User-Uploaded Content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that TES Global has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Services. You acknowledge that TES Global reserves the right to de-activate accounts that are inactive for an extended period of time. You further acknowledge that TES Global reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access our Websites, and/or (c) to use, edit, browse, download or transfer any materials on our Website, including any User-Uploaded Content.
Modifications to the Services
This clause explains that we may change or discontinue a service without being liable to you for doing so, and when we will provide compensation to you if you have paid for a service that is discontinued.
TES Global reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that TES Global shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. If you have paid for Services which is then discontinued by TES Global without good cause, TES Global will compensate you when it is legally required to do so.
This clause explains when and how we may suspend or terminate a website and/or service, or remove content you have uploaded.
You agree that TES Global, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, your access to the Websites and/or the Services or any part of them or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Services, and may remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if TES Global believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not TES Global's only remedy and TES Global may take any other action we reasonably deem appropriate in connection with such breach.
Dealing with advertisers, suppliers and merchants
This clause clarifies that your dealings with third parties (such as advertisers or merchants) via our services are between you and the third party and that we are not responsible for such dealings.
Your dealings with advertisers, merchants and any other third party found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. To the fullest extent permitted by applicable law, you agree that: (a) TES Global shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Services or the Websites; (b) any orders placed by you on, and any product specifications and product availability appearing on, the Services or the Websites are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant; and (c) TES Global does not endorse or adopt any of the advertisements provided on its Websites.
Links to other websites or resources
This clause explains that we are not responsible for third-party websites or resources that our websites may link to.
The Services may provide, or third parties may provide, links to other websites or resources. Because TES Global has no control over these sites and resources, you acknowledge and agree that TES Global is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TES Global shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
TES Global's proprietary rights
This clause gives details of our intellectual property rights in relation to our websites and services.
Unless otherwise indicated, TES Global is the owner or the licensee of all copyright, trade mark rights 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, trademarks, service marks, patents or other proprietary rights and laws.
TES Global reserves all intellectual property rights not otherwise granted under these Terms and Conditions.
"TES" and "TES Global" are trademarks of TES Global Limited (the "TES Global Marks"). Without TES Global's prior permission, you agree not to display or use in any manner the TES Global Marks.
Use of TES Global Material
This clause sets out our rights in the website and services and the licence that we give you to use our websites and services.
All articles, information and other materials presented on this Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to TES Global.
TES Global grants you a personal, non-transferable and non-exclusive right and licence to use the Websites and the Services for their intended purpose subject to your compliance with these Terms and Conditions. This licence does not include the right to collect or use information contained on the Websites for any purpose not specifically listed in these Terms and Conditions, to compete with TES Global, to create derivative works based on the content of the Websites, or download or copy the Websites (other than page caching). If you use the Website in a manner that exceeds the scope of this licence or you breach these Terms and Conditions, TES Global may revoke the licence granted to you.
You are prohibited from reproducing, copying, modifying, renting, leasing, loaning, selling, distributing, exploiting, extracting, creating derivative works of or otherwise communicating or making available to third parties any part of the content of this Website or the Services without TES Global's prior written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you. None of the above alters any rights granted directly to you under the terms of a Creative Commons licence in respect of any particular User-Uploaded Content, or alters any other rights you may have where other licence terms are explicitly expressed to apply to content or User-Uploaded Content.
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, and websites, is at your sole risk. TES Global has made every effort to ensure that the content on the Websites and made available through the Services is accurate and up-to-date and correct at the time of publication. However, the Websites and the Services are provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness, quality or fitness for purpose of the content provided on the Websites or through the Services or that use of the Websites will be uninterrupted, virus-free or error-free. No responsibility is accepted by or on behalf of TES Global for any errors, omissions or inaccurate information on the Websites or available through the Services.
- The content on the Websites and made available through the Services is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, content of the Websites and Services do not address your particular circumstances and accordingly you should not rely upon the content of the Websites or the Services as a substitute for proper professional advice.
- TES Global is not responsible for how the content on the Websites or available through the Services is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Websites or available through the Services.
- Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from TES Global shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
This clause sets out your rights and the restrictions imposed on you in relation to the use of confidential information.
You acknowledge that any Confidential Information (as defined in the next paragraph below) which you obtain by entering into these Terms and Conditions and the use of the Services constitutes the valuable, confidential, proprietary information of TES Global and its licensors, and you agree that during the term of your use of the Services and thereafter you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorised 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 and/or licensees that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Website content belonging to others and other intellectual property.
Limitations of Liability
This clause explains what liability we accept in relation to these Terms and Conditions and your use of our websites and services.
TES Global's liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Websites and/or any Service shall be limited to the greater of: (a) £150 and (b) the price validly paid by you to TES Global under any contract for paid services during the 3 months preceding the event giving rise to the claim.
You expressly acknowledge and agree that TES Global shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity.
Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of TES Global.
Events outside of our control
This clause explains that we are not liable for events outside our control.
TES Global will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any related contract between us that is caused by any act, event, non-happening, omission or accident beyond our reasonable control ("Force Majeure Event"), including (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, cyber-attack, 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;
- interruption or failure of utility service; including the impossibility of the use of public or private telecommunications networks; and/or
- the acts, decrees, legislation, regulations or restrictions of any government.
TES Global's performance under any Terms and Conditions or any related contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any related contract between us may be performed despite the Force Majeure Event.
This clause explains 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 made available through our Websites or Services, either because it is offensive or you think it might infringe your intellectual property rights or it is prohibited content, please let us know by clicking on the 'Report abuse' link next to the relevant post/message. Examples of the types of abuse or other objectionable material including User-Uploaded Content include discrimination (for example based on race, religious belief or sexuality), classifiable content, offensive language or user-targeted attacks (such as harassment and bullying). This is the fastest way to notify us and will provide a direct link to the post/message in question.
In order to protect you, TES Global operates a notice and take-down system. Please see that policy for more details.
If you object to anything anywhere else on this Website, please let us know by calling 0203 194 3000 or by sending an email explaining your concern to email@example.com and we will take whatever action we deem appropriate.
Complaints about our Websites and Services
If you have any complaints about the Websites, we want to hear from you so we can improve our service. Please e-mail us at firstname.lastname@example.org and we'll consider your comments carefully.
This clause sets out some important details about the scope of these Terms and Conditions and how they can be enforced.