These Terms and Conditions govern the supply of all educational content, materials, resources and related services (‘the Content’) through the Tes Institute learning platform to all learning platform users (‘User’ or ‘Users’) howsoever they are accessing the Content.
All articles, information and other materials presented on the learning platform are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to Tes Institute.
Tes Institute grants each User a personal, non-transferable and non-exclusive right and licence to use the learning platform for their intended purpose subject to their compliance with these Terms and Conditions. This licence does not include the right to collect or use information contained on the learning platform for any purpose not specifically listed in these Terms and Conditions, to compete with Tes Institute, to create derivative works based on the content of the learning platform, or download or copy the learning platform (other than page caching). If a User uses the learning platform in a manner that exceeds the scope of this licence or in any way breaches these Terms and Conditions, Tes Institute may revoke the licence granted to any User under this Agreement.
Users who enrol on one or more Tes Institute Programmes will be asked to provide certain personal information at the time of enrolment. Tes Institute undertakes to request, handle and store the User’s information in accordance with all applicable data protection legislation. Users undertake that all information provided by them under these Terms and Conditions is accurate, up-to-date and complete.
Users 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 the learning platform without Tes Institute's prior written consent. By making use of the learning platform, Users are agreeing to comply with this prohibition and acknowledge that any breach thereof is likely to result in legal proceedings being issued against them. None of the above alters any rights granted directly to Users under the terms of a Creative Commons licence in respect of any particular content uploaded by Users, or alters any other rights Users may have where other licence terms are explicitly expressed to apply to content uploaded by Users.
Users are prohibited from using the learning platform to:
- upload, post, email, PM (personal message) or otherwise transmit any content that:
- the User does not have a right to transmit or that infringes the intellectual property rights of any party;
- the User does 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 non-disclosure 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 another User's ability to access and use the Content;
- 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 content transmitted through the learning platform;
- 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 Tes forums (other than through a website which is clearly designated as a recruitment service); and/or
- breach any licence that has been granted to make use of any user-uploaded content.
Tes Institute may monitor the use of the Content and the learning platform, including any forums, for the purpose of ascertaining whether Users are complying with these terms and conditions. The User acknowledges that Tes Global generally does not pre-screen user-uploaded content posted via the learning platform, but that Tes Institute and people designated by it shall have the right (but not the obligation) to monitor communications that occur through, and posts made to, the learning platform forums and via any other part of the learning platform, as well as any user groups set up on Facebook or other social media sites. If Tes Institute determines, in its sole discretion, that a User has breached these Terms and Conditions or that any user-uploaded content, including but not limited to, posts to forums, is inappropriate or otherwise objectionable, Tes Institute may refuse to accept or may remove any user-uploaded content, including posts, from the learning platform, without any liability to the User or a third party.
Tes Institute shall make all reasonable efforts to ensure that the Content supplied via the learning platform is accurate. Some of the Content, for example but not limited to, website resources will be sourced from third parties, who are solely responsible for the accuracy of such content.
Tes Institute is not liable for loss or damage arising out of or in connection with use of the Content by the Users (except in case of death or personal injury solely and directly attributable to any negligent compilation or transcription by Tes Institute of the Content, unless this can be excluded under local law), in contract, tort, under statute or otherwise and whether or not arising out of any negligence on the part of Tes Institute in respect of any inadequacy of any kind whatsoever in the Content.