Terms and Conditions

last updated
March 29, 2018

Introduction

These General Terms and Conditions (the "General Terms") govern your use of the websites on which they appear at www.tes.com and www.timeshighereducation.com (the "Websites") and our provision of various online services and resources via those Websites (the "Services").

These General Terms incorporate our Privacy Policy which describes (among other things) how we will use any personal information collected as a result of your use of the Services. For more information, please see our full Privacy Policy.

Additional terms, which should be read in conjunction with these General Terms apply to some of our Websites and/or Services ("Additional Terms") and can be accessed here:

 

Please read these General Terms (including the Privacy Policy) as well as any Additional Terms carefully, before using any part of our Websites or Services. By using the Websites, you confirm that you accept the General Terms, the Privacy Policy and any relevant Additional Terms and that you agree to comply with them.
You should print a copy of these General Terms, the Privacy Policy and any relevant Additional Terms for future reference. If you have any questions, please refer to our FAQs page.

What this means

Find out about the terms and conditions that you must follow when you use our websites and services; for more information click on the links.

Who we are

The Websites are brought to you by Tes Global Limited of 26 Red Lion Square, London, WC1R 4HQ ("Tes"). Tes 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 and its subsidiaries and group companies under common corporate control which include the trading activities that are branded Tes and Times Higher Education (also referred to as THE).

What this means

Here’s some basic information about our company:

Changes to Terms

The General Terms and any Additional Terms may be updated by us from time to time. We will post any changes that we make on this page and will indicate at the top of the page (or on the first page of any Additional Terms) the date that the relevant terms were last revised. 

Your continued use of our Websites and/or Services after any such changes have been made, constitutes your acceptance of the new General Terms and/or Additional Terms. If you do not agree to these changes, please do not use or access (or continue to use or access) our Websites and/or Services.

What this means

From time to time we may change our terms and conditions. By continuing to use our websites and services, you’re agreeing to the new terms and conditions.

Registration by you and your online Tes or THE account

Certain aspects of the Services may require you to register and provide information about yourself. You agree to: (a) provide accurate and complete information about yourself as prompted by the relevant registration form and (b) maintain and promptly update this information (by using the appropriate forms on our Websites or emailing us at help@tes.com). We may terminate your account and any or all rights that you have been granted to make use of our Websites, if any information you provide is inaccurate, false, or incomplete.

The registration processes on our Websites may involve you creating a password to enable you to access your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorised use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these obligations.

You agree that we have no responsibility or liability for the deletion or failure to store any messages, other communications or other content maintained or transmitted by our Services. 

We reserve the right to de-activate accounts that are inactive for an extended period of time.

What this means

When you register to use one of our websites, you’ll need to give us some personal details. Once your account is set up, you’ll be responsible for keeping your account details safe and making sure that no one else uses your account.

Joining Tes Talent Bank

The Tes Talent Bank is a service to help you find the best possible next role. When Tes's recruitment team is working to help a school fill a vacancy, it will check through relevant Talent Bank member profiles to find the individuals who would most suit it. Your member profile information will only be in the Tes Talent Bank if you have opted in. If you no longer want to be part of the Tes Talent Bank simply untick the "I'd like to be included in Talent Bank" box. Tes does not share personally identifiable data with third parties such that your member profile is only visible to you, and is only visible to the Tes recruitment teams if you have chosen to join the Tes Talent Bank. 

What this means

When you opt-in to the Tes Talent Bank, you’ll be agreeing that the Tes recruitment team can contact you about vacancies that could be suitable for you. 

Eligibility and supervising children 

We are concerned about the safety and privacy of all users of our Services, particularly children. The United States Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. With regard to school-based activities, COPPA allows schools and school districts to act in the stead of parents to provide consent for the collection of personal information from children. 

Therefore, we only collect personal information through the Services from a child under 13 where that student’s parent, legal guardian, school or school district has provided consent in accordance with COPPA for us to collect and disclose such information. No child under 13 should send us any personal information unless the child’s parent, legal guardian, school or school district has provided consent in accordance with COPPA. If you are a student under 13, please do not send any personal information to us if your parent, legal guardian, school or school district has not provided this prior consent, and please do not send any personal information other than what we request from you in connection with the Services. If we learn that we have collected personal information from a student under 13 without consent from his or her parent, legal guardian, school or school district, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at admin@blendspace.com.

If you are a school or school district, you should obtain advance written consent from all parents or legal guardians whose children under 13 will be accessing the Services. When obtaining consent, you should provide parents and legal guardians with these Terms, our Privacy Policy and our Children’s Online Privacy Policy. You should keep all consents on file and provide them to us if we request them.

For additional information on our privacy practices as they relate to children, please visit our Children’s Online Privacy Policy which discusses our practices for collecting, using, and disclosing personal information from children under the age of 13 at COPPA Policy.

What this means

Children under the age of 13 must have parental consent to use our websites and services and should be supervised when using them.

User-Uploaded Content

A number of our Websites allow you to upload content ("User-Uploaded Content") for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment with other users. You acknowledge that all User-Uploaded Content is the sole responsibility of the person from which such content originated. We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any User-Uploaded Content.

Please be aware that any user who is aggrieved by your User-Uploaded Content may take legal action against you. This could result in data concerning your identity being disclosed and you having to pay compensation to the aggrieved party.

We do not pre-screen User-Uploaded Content but we have the right to monitor User-Uploaded Content if we wish. If we determine that any User-Uploaded Content is inappropriate or otherwise objectionable, we may remove any User-Uploaded Content from the Websites without any liability to you or to a third party.

What this means

You are responsible for the content that you upload to our websites. However, we may remove it if we think it’s unsuitable. 

Use of content you upload

When you upload User-Uploaded Content to our Websites, you will (assuming you are the owner of the content) retain all intellectual property rights in such content. This means that you will be able to modify or remove your User-Uploaded Content as you wish.
To enable us to provide our Services and host your User-Uploaded Content, we require a licence. Similarly, third party users of our Websites will require a licence from you to enable them to make use of your User-Uploaded Content. This content is in two categories, a) User-Uploaded Content uploaded as distinct files, largely for the purpose of sharing teaching resources and b) all other content that you upload (primarily comments and forum posts). 

Category "a" content

In respect of content in category "a" above, the licence you grant us and each of our affiliates is non-exclusive, sub-licensable, worldwide, fully paid-up, royalty-free, perpetual and irrevocable (save as set out below). This means that we can use, reproduce, publish, distribute and display your User-Uploaded Content (in whole or in part) and/or incorporate it in other works in any form, media, or technology.
To enable third party users to download and/or otherwise use such User-Uploaded Content, you need to apply one of our "upload" licences to your User-Uploaded Content (which governs the use of your Content by a third party). We may change the range of licences available at our discretion from time to time.
For the avoidance of doubt, nothing in these General Terms should be read to suggest that we may not make use of your materials in accordance with the applicable "upload" licence. We may then apply licences to the User-Uploaded Content as though we were any other user downloading your User-Uploaded Content (e.g., if the applicable "upload" licence is wider than the licence granted to us above).

Category "b" content

In respect of content in category "b" above, you grant us and each of our affiliates a non-exclusive, sub-licensable, worldwide, fully paid-up, royalty-free, perpetual and irrevocable (save as set out below) licence to use, reproduce, publish, distribute and display your User-Uploaded Content (in whole or in part) and/or to incorporate into other works in any form, media, or technology. 

What this means

You’ll still own the intellectual property rights to any content you upload, but you’ll allow us, and others, to use it.

Your use of other peoples’ content

Services that we provide, allow you to use third party users' User-Uploaded Content within our Websites. You acknowledge that your use of such User-Uploaded Content does not entitle you to any intellectual property rights to such User-Uploaded Content. All User-Uploaded Content will be governed by the relevant "upload" licence applied by the person uploading the content (third party user). 

What this means

When you use other peoples’ uploaded content, you will not own any intellectual property rights in it.

Objections to User-Uploaded Content

You acknowledge that by using our Websites, there is a risk that you may be exposed to User-Uploaded Content that you may find offensive, indecent or objectionable.
If you object to the publication of any User-Uploaded Content made available through our Websites, 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.
In order to protect you, Tes operates a notice and take-down policy and will remove any content that is reported or complained about, to enable us to investigate the complaint. For more information, please see our full take down policy here. 

What this means

If you object to any content on our websites, please report it.

Tes's proprietary rights

Unless otherwise indicated, Tes Global is the owner or the licensee of all intellectual property rights in our Websites and/or Services (including any content made available through our Websites and/or Services and the underlying source code with regards to the software that we use). 

Tes grants you a personal, non-transferable and non-exclusive licence to use our Websites and specific Services for their intended purpose, subject to your compliance with these General Terms. 

"Tes", "Tes Global", "Times Higher Education", and "THE World University Rankings" are trade marks of Tes (the "Tes Marks") and you agree not to display or use the Tes Marks without our express prior consent.

What this means

We own or licence all the intellectual property rights in our websites and services, but we give you permission to use them. 

Your use of our Websites

You agree that you will not use our Websites (including 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.
    • Is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, 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. 
    • 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 Websites and/or Services.
  • Impersonate any person or entity, including, but not limited to, a Tes 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.
  • Compete with Tes or THE.
  • Advertise any job vacancies in any area of our forums (other than through a Service which is clearly designated as a recruitment service).
  • Breach any license you have been granted to make use of any User-Uploaded Content.

 

You should not reproduce, copy, modify, create derivative works from or communicate or make any of the content of our Website or Services available to third parties without Tes's prior written consent. 

None of the above alters any rights granted directly to you under the terms of the relevant "upload" licence in respect of any third party User-Uploaded Content, or alters any other rights you may have where other licence terms are explicitly expressed to apply to content or third party User-Uploaded Content.

If you use any Services on behalf of an Institution or a company, you hereby represent, warrant and accept that:

  • You have all necessary power and authority to enter into and perform your and its obligations under these General Terms.
  • You have taken all requisite corporate and other action to approve the entering into and performance of these General Terms and shall provide evidence of that action to Tes on request.
  • Once agreed and accepted, these General Terms 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, further education colleges and higher education universities.

What this means

You must follow the rules set out here when you use our websites and services.

Confidential Information

You acknowledge that any Confidential Information (as defined below) which you obtain from your use of our Services constitutes the valuable, confidential, proprietary information of Tes and its licensors, and you agree that 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 General Terms or as required by law.

For the purposes of these General Terms, "Confidential Information" means any and all data, information, documents, software or materials relating to the business and management of Tes, its users and members, licensors and/or licensees that is designated as confidential or ought reasonably to be considered confidential.

What this means

You won’t share any confidential information you discover by using our websites and services with anyone else, without our permission.

Termination

We may terminate your access to the Websites and/or use of the Services, with or without notice and without liability to you or any third party. We may also remove and discard any User-Uploaded Content on our Websites for any reason and at any time, including, but not limited to, believing that you have breached our General Terms. 

We may also take any other necessary action we deem reasonable in connection with a breach of these General Terms.

What this means

We may stop you using our websites and services, or remove content you’ve uploaded, at any time.

Modifications to the Websites and/or Services

We reserve the right at any time to modify, suspend or discontinue a Website or the provision of a Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of a Website or a Service other than as required by law.

What this means

From time to time, we may change or stop a website or service that we provide.

Limitations of Liability

Our liability to you in relation to these General Terms and your use of the Websites and/or any Service is limited to the greater of: (a) £150 and (b) the price paid by you to us under any contract for paid services during the 3 months before the event giving rise to the claim.

You acknowledge and agree that we shall not be liable for any (i) loss of profits, sales, business or revenue (ii) loss or corruption of data, information or software (iii) loss of business opportunity (iv) loss of anticipated savings or (v) any loss which is not reasonably forseeable. 

Nothing in these General Terms shall affect your statutory rights or exclude or restrict Tes' liability for fraud, fraudulent misrepresentation or for death or personal injury arising from our negligence.

Any communications or transactions with advertisers, merchants and any other third party found on our Websites are solely between you and them. To the fullest extent permitted by law, we will not be responsible or liable for any loss or damage incurred as the result of any such dealings or as a result of the presence of such advertisers and merchants on our Websites. 

We do not endorse any of the advertisements provided on our Websites.

On a Website, we, or a third party may provide links to other websites or resources. We have no control over these websites and resources and are not responsible or liable for the availability or content found on them.

You expressly acknowledge and agree that:

  • Your use of our Websites (including our Services), is at your sole risk. We have made every effort to ensure that content on our Websites and made available through our Services is accurate, up to date and correct at the time of publication. However, our Websites and 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 we provide on our Websites or through our Services, or that use of our Websites will be uninterrupted, virus-free or error-free. Accordingly, you acknowledge that our Websites or Services may be unavailable for use or inaccessible from time to time. We accept no responsibility for any errors, omissions or inaccurate information on our Websites or available through our Services.
  • The content on our Websites and any content made available via our Services is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services. It is not a recommendation to purchase any product or service upon which a specific decision should be made. The information, content of our Websites and any content made available via our Services does not address your particular circumstances and accordingly, you should not rely upon the content of our Websites or Services as a substitute for proper professional advice. We accept no responsibility for any reliance placed on information or content provided on our Websites or through our Services.

No advice or information, whether oral or written, obtained by you from us shall create any warranty or other obligation not expressly stated in these General Terms.

What this means

You use our websites and services at your own risk.

Force Majeure

Any act or situation which is beyond our control is known as a “Force Majeure Event”. In such a circumstance, we are not liable for any failure to perform, or delay in performance of our obligations or contracts under our General Terms. Any act, event, non-happening, omission or accident beyond our control includes (but is not limited to):

  • 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 inability to use public or private telecommunications networks).
  • The acts, decrees, legislation, regulations or restrictions of any government.

We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under the General Terms or any related contract between us may be performed despite the Force Majeure Event.

What this means

We are not liable for events outside our control.

General information

These General Terms (and any documents referred to, including the Additional Terms and the Privacy Policy) constitute the entire agreement between you and us in relation to your use of our Websites and Services, superseding any existing prior agreements.

These General Terms represent a contract between us and you, which are governed by and interpreted in accordance with the laws of England and Wales. We both irrevocably agree that any dispute or claim arising between us shall be adjudicated exclusively by the Courts of England and Wales, although we may enforce any judgment of such Courts in courts in any other jurisdiction in which you are located. 

Any term which may be deemed unenforceable or unlawful and fall to be struck out, or otherwise disregarded by a court shall be done so without prejudice to the rest of the agreement. 

Any failure by us to exercise or enforce any right or provision of these General Terms shall not constitute a waiver of such right or provision. 

What this means

These General Terms are a contract between you and us, and any dispute between us will be settled in court.

Complaints about our Websites and Services

If you object to anything on our Websites, please let us know by calling 0203 194 3000 or by sending an email explaining your concern to help@tesglobal.com or help@timeshighereducation.com and we will take whatever action we deem appropriate.

If you are unhappy with the way a complaint about editorial content is dealt with, or believe that content is in breach of the Independent Press Standards Organisation Editors’ Code of Practice, please be aware that you can raise your complaint with IPSO by following the steps given here.

What this means

If you have a problem or concern with our websites or services please contact us.

Joining our supply agency websites: Vision for Education, Smart Teachers and ABC Teachers

On joining any of our three partner supply agencies through their website (Vision for Education, Smart Teachers and ABC Teachers) you will also be registering to join Tes.com. Each of our partner agency websites are managed by the Tes group. You will be registering to receive recruitment services provided by both the relevant partner agency and Tes. On registration, your details will be stored by Tes and shared with the relevant partner agency that you have selected to join. You will then be contacted by a consultant so they can help you find an appropriate role.

In receiving the services of our three recruitment partners (and in using their websites), please note that:

  • You will be bound by these General Terms and our Privacy Policy (which includes information regarding our use of cookies)
  • Their services are "Services" and their websites are "Websites" for these purposes
  • You will also be bound by any other specific user terms or disclaimers appearing on those websites (although if those websites conflict with these General Terms or our Privacy Policy, these General Terms and Privacy Policy will take precedence).

 

If you no longer want to be registered with any of our partner sites please email help@tes.com and remember to include your Tes username and send your request from the email address you registered with. Tes does not share personally identifiable data with third parties (other than the operators of the partner sites, where requested by you) such that your member profile is only visible to you and the recruitment teams at our partner sites (if applicable).