Additional Terms - Tes Institute

last updated
May 25, 2018

Introduction

Please read these Additional Terms and Conditions (these Terms and Conditions) carefully before registering with Tes Institute for, or purchasing, a course or programme, as your registration or purchase indicates to Tes that you agree to be bound by these Terms and Conditions. These Terms and Conditions should be read in conjunction with, and are in addition to, Tes Institute policies, including Tes Privacy and Cookies policies (the “Policies”).

We reserve the right to amend, cancel, suspend or modify any of the content and services supplied through the Tes Institute virtual learning environment (the learning platform) at any time with or without notice.

By registering or placing an order with Tes Institute, you promise that you are (1) legally capable of entering into binding contracts and (2) over the age of 18 years.

Your order of a course represents an offer to Tes Institute to purchase an online learning course. 

Registration for, or purchase of, a course does not guarantee successful completion of the course. Completion of the course requires you to satisfy the standards set for the course.

Tes Institute reserves the right to withdraw you from the course if you breach any part of the General Terms and Conditions or these Additional Terms, or if you fail to meet the requirements and/or standards of the course, including any requirements relating to conduct.

Tes Institute may withdraw access to the Content or services set out in these Terms and Conditions if you breach any part of Tes Global’s General Terms and Conditions or these Terms and Conditions.

General

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.

Content supplied under Tailored Programmes Agreements

If a User is accessing the Content as a result of a Tailored Programmes Agreement (an Agreement) between Tes Institute and the other party to such an Agreement (the Client) the Client is at all times responsible for ensuring that all Users covered by the Agreement comply with these Terms and Conditions.

Access to the Content is restricted to the Users identified as requiring access to the Content by the Client for the purposes of training and/or continuing professional development and to such other persons identified and authorised by the Client as requiring access to the Content in order to be able to fulfil their roles effectively.  The Client will be required to maintain a register of all Users and will be responsible for notifying Tes Institute who requires access, the type of access and the level of access and for notifying Tes Institute of any changes or amendments required to access rights.

Access to the Content for Users who have been identified and authorised by the Client as requiring access to the Content in order to be able to fulfil their roles effectively (other Authorised Persons) is for the sole purpose of enabling them to monitor, assess, evaluate and review the Users’ progress and to enable them, where applicable, to support, develop, tutor, train and mentor the Users.

Post-course Access to the Content

Users should refer to individual course documentation and/or Tes Institute website information for confirmation of the length of their individual course and any other programme-specific terms and conditions. Post-course access to course materials are set out below: 

Three month post-course access for:

  • School Direct ITT
  • Straight to Teaching with Assessment Only 
  • CPD 
  • International Post Graduate Certificate of Education (iPGCE)
  • QTS teacher apprenticeship 
  • International Teacher Licence preparation 

 

One month post-course access for:

  • Subject Knowledge Enhancement (SKE) 
  • Assessment Only Route (no preparation) 
  • SKE for Teachers
  • Return to Teaching 
  • Teach in an English School/Teach in a British School Overseas 
  • NQT Induction

 

Access to content provided as part of an Agreement with Tes Institute will cease with the termination of such an Agreement.

Please note that the above access limits do not apply to Users who started a course before the date of these revised terms and conditions. For the applicable access limits in that instance, please refer to the course documentation provided upon course enrolment.  

Price, payment terms and refunds for CPD courses

The price of any courses will be as quoted on the Tes Institute website or provided to the User in writing by an authorised representative of Tes Institute. Unless otherwise stated, the price is inclusive of all charges and costs; however, the price excludes any costs  the User incurs to access course content (including but not limited to laptops, tablets or e-readers and any data costs). Prices are liable to change at any time but changes will not affect existing contracts and orders which Tes has accepted in accordance with the process outlined above.

Payment can be made by a range of methods, including credit or debit card, via Paypal, by redeeming a Tes Courses voucher or in accordance with invoice instructions. Tes Global will deduct the appropriate amount from your credit or debit card, or extinguish the voucher when a User places an  order for a CPD course. 

If a User purchases a voucher for redemption against a Tes Institute CPD course, the voucher will be valid for redemption against that course for a period of 12 weeks from the date of purchase. At the end of the 12-week period, the voucher will expire and will no longer be valid for redemption against any Tes Institute course. No refunds or replacement vouchers will be offered.

All sales of CPD courses on the Tes Institute platform shall be final and no refunds will generally be available. Notwithstanding the foregoing policy, Tes Institute may grant refunds in certain circumstances at our sole discretion. If you wish to discuss a refund please contact us at: institute@tesglobal.com

In relation to all non-CPD programmes, please refer to individual programme information for the refunds policy which applies to that specific programme.

Acknowledgement

You have a right to cancel your contract with Tes Institute within 14 days from the date of purchase (in the case of an online order for a Tes CPD course) or within 14 days from the date of acceptance of an offer of a place on a Tes Institute programme.  Please see our cancellation statement which can be found on the CPD course payment page or in the email which was sent to you confirming your place on a Tes Institute programme.

In completing and submitting an application form for any of our programmes, you declare that the information provided is accurate and that you have discussed and agreed the application with your school or education organisation if appropriate. You confirm that you understand that the offer of a place on the course may be withdrawn if any of the information provided is incorrect or misleading and that you may be required to pay any outstanding tuition fees. 

Your personal data

From time to time we will share the personal data we collect from you upon application with third parties involved in the recruitment process, delivery, management and quality assurance of your programme, e.g. our DBS company, NCTL, DfE, Ofsted, external assessors, pathway tutors and partner schools/universities, including your school or the education organisation named in your application. This sharing of data is necessary to manage, deliver and quality assure your programme, including any application process, and to safeguard children. We will adhere to the principles of the General Data Protection Regulation and all applicable legislation, for instance ensuring that only relevant data is collected and shared. If you do not wish your data to be shared with 3rd parties, please contact us at institute@tesglobal.com

When schools order courses, products or services for their teachers via Tes, we may occasionally use the school contact information provided in the order form to contact you about other – free and paid-for- courses, products and services that may be of interest.

When you complete and submit an expression of interest form (or get advice form) for our learning content, courses or products and services you will be asked whether you give your consent to receiving further information regarding the specific programme, product or service. The information you provide will not be shared with any third party for the purpose of marketing. It may be used by Tes to provide you with personalised, user-specific information on the product you have enquired about as well as other relevant Tes products and services. You may unsubscribe from this service at any time. If you wish to be removed from the mailing list at any time, please contact us by email at institute@tesglobal.com

Your personal data will be processed in accordance with Tes’ Privacy Policy and Terms and Conditions:

https://www.tes.com/terms/privacy-policy

https://www.tes.com/terms/terms-and-conditions