Terms of Use

A. In these Terms and Conditions references to “the School” shall be to an educational establishment (whether a local education authority, school (whether independent or otherwise) or other organisation offering primary, secondary, further, higher or any other form of education and whether or not in any such case provided through a company, corporation, state, state entity, trust, joint venture, partnership, agency, association or other entity (whether or not having separate legal personality)); references to "Teacher" shall be to an individual who registers on the Site as a teacher; references to "Agency" and "Agencies" shall be to an employment agency or an employment business (as defined by the Employment Agencies Act 1973) and references to "you" and "your" shall be to any person (whether a company, corporation, state, state entity, trust, joint venture, partnership, agency, association or other entity (whether or not having separate legal personality) accessing, using or submitting material to the Site. Access to and use of the www.click4teachers.com web site ("the Site") is governed by these Terms and Conditions. By using the Site you agree to accept these Terms and Conditions. If you do not wish to accept these Terms and Conditions, please do not access, use or submit material to the Site.

B. The Site is operated and owned by Click4Teachers Limited ("we", "us" and "our") a company incorporated under the laws of England under Company No 05370722. Our Privacy Policy details how we will use your personal data (if any). We reserve the right to modify these Terms and Conditions at any time, such modifications becoming effective immediately upon posting the updated Terms and Conditions on the Site. By continuing to access, use or submit materials to the Site following any such notice you will be deemed to have accepted the revised Terms and Conditions.

The Site is intended for use by you and individuals over 18 years old.. We make no representation or warranty that the Site or any part of its content can be viewed or downloaded lawfully outside of the United Kingdom. Access to the Site by specified persons or from specified countries may not be lawful. If you obtain access to the Site from outside the United Kingdom such access will be at your own risk and you will be responsible for complying with any relevant laws of the jurisdiction from which such access is obtained.

The fees and charges for any services you order from us will be those specified on the Site when you submit your order for such services or the price we otherwise specify. Unless otherwise indicated all fees and charges payable by you to us are exclusive of any taxes, duties or such other additional sums, including, without limitation, value added tax payable in relation to such fees and charges (and which shall be payable by you). Payment may be made by you using the payment methods specified on the Site including by using Paypal. If you require further information regarding payment through Paypal please visit Paypal’s website (www.paypal.com) for more information.

A. Once a Teacher has registered on the Site the responses provided by the Teacher as part of such registration process will be reviewed by us and if considered acceptable by us the Teacher will be issued with a user name and password to access the Site and will then be able to:-

B. If as part of the registration process on the Site the Teacher indicates that the Teacher wishes to be contacted by us the Teacher may be contacted by one of our sales consultants. If the Teacher indicates that no such contact should be made then we will respect this.

A. In consideration of the provision of the Standard Services specified below the School will pay us the annual subscription fee set out on the Site annually in advance within the time period specified by us or, if later, within 14 days of registering on the Site. No right of set-off, deduction or counterclaim shall apply in the School’s favour.

B. The Standard Services, which shall commence when the annual subscription fee has been paid by the School and which shall continue for the period to which the annual subscription fee relates, are as follows:-

C. As additional services to the Standard Services the School may pay the Banner Fee set out on the Site upon payment of which the School shall be entitled to upload its banner to the Site. In such a case the provisions of clause 6 below shall apply.

A. Once an Agency has registered on the Site it will be able to do the following:-

B. After the expiry of the 28 day (or any shorter period we agree with the Agency) during which a job vacancy or advertisement is posted on the Site we will retain a copy of such job vacancy or advertisement. Subject to the other provisions of these Terms and Conditions such job vacancy or advertisement may at the Agency’s request again be posted on the Site. Such posting will be regarded as a new posting of a job vacancy/advertisement and paid for by the Agency in accordance with our payment terms as specified on the Site.

A. If you choose to use any services (including, if you are a Teacher, School or Agency, those for Teachers, Schools and Agencies referred to in these Terms and Conditions) available on the Site you will pay for them as indicated on the Site or as we otherwise specify.

B. You must provide us with all information and materials we specify (including all logos, artwork, Jpegs and Gifs) (together “Materials”) and in such format as we require in relation to any service we are providing to you. We reserve the right not to begin working on the provision of the relevant services to you or to suspend their delivery until you do. If you do not do so this will not entitle you to avoid payment or claim any refund of the fees and charges payable by you for the relevant services.

C. If you choose to display an advertising banner on the Site:-

A. If you submit materials such as data, information, copies of qualifications, details of vacancies and CV's, advertisements and job postings, logos, artwork, Jpegs and Gifs to us or on to the Site you automatically represent and warrant that:-

A. Each Agency agrees that:-

A. All design, content, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on the Site are the copyright of us or our affiliates or content and technology providers (in which case such use is under licence). ALL RIGHTS RESERVED.

B. Any unauthorised use of the design and contents of the Site will infringe our rights and those of our licensors under International Treaty and English Law.

C. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of personal non-commercial use. If, however, you are acting on behalf of a School that is registered with us you may view, electronically copy or print such copies of portions of the Site solely for one of the following purposes:

D. Any other use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without our prior written permission, is strictly prohibited.

E. Any copies you make of portions of the Site must retain all copyright, trademark and other proprietary notices contained on such portions of the Site.

A. You will need to use a user name and password when registering with the Site and signing in when you visit the Site. We will allocate these to you once we receive payment of the relevant fee from you for the services purchased by you from us. The security and proper use of your password is your sole responsibility. You must notify us immediately if you believe that someone else knows your user name or password or if they may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any user name or password. You will be issued with a user name and will need to select a password when you initially register with the Site.

B. Once you have registered on the Site you agree that we may make such enquiries and searches and obtain such references as we consider necessary from any person, firm or company including any credit reference agency (which will keep a record of any search made and will share that information with other businesses). We may also make enquiries about the principal individuals involved within your business with a credit reference agency.

C. You agree not to:

A. To the maximum extent permitted by law we make no representations or warranties about the accuracy, completeness, currency, reliability, satisfactory quality or suitability for any purpose of:-

B. All such information, documents and related graphics are provided, and such products (where ordered) are accepted by you on an "as is" and "as available" basis without warranty of any kind.

C. The information contained in the Site may contain technical inaccuracies or typographical errors. Our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. We do not warrant that the Site will operate without error, or that the server(s) or the Site are free of computer viruses, malicious software or indeed any other harmful mechanisms. If your use of the Site or the material results in the need for replacing equipment or data or servicing these, we shall not in any way be liable for those costs.

D. The Internet environment is not a secure environment, accordingly the security of information transmitted by the Internet cannot be guaranteed. Any losses incurred or sustained by users who transmit information by means of e-mail or other Internet link will be borne solely and exclusively by such user and in no event will any such losses in whole or part be borne by us.

E. You agree that we shall not be liable either in contract, tort, negligence, statutory duty or otherwise for any:-

A. You warrant as follows:-

B. You shall indemnify and hold us harmless from and against all claims, losses, liabilities, costs, damages and expenses incurred by us by reason of any breach of your obligations as contained in these Terms and Conditions.

C. If you or the School you represent are not resident in the European Economic Area (the EU plus Iceland, Norway and Lichtenstein) you warrant, undertake and represent that you will ensure an adequate level of protection (within the meaning of Article 25(2) of the EC Directive on Data Protection) to any personal data you access from the Site or otherwise obtain from us.

The Site contains various links to third party web sites. These links are provided solely as a convenience to you. We are not responsible for the content of any off-site pages or any other sites linked to the Site nor have we reviewed or endorsed the content of such web sites. We do not make any representations regarding the content or accuracy of materials on such web sites. If you link to any third party web sites such action is at your own risk.

A. We reserve the right in our sole discretion to deny you access to the Site or any portion thereof (or any service described therein) and to remove from the Site any details (whether of a job vacancy or otherwise) without notice including, without limitation, where you fail to pay any fees or charges payable by you and set out on the Site to us by the due date for payment or where you are in breach of any of the provisions of these Terms and Conditions.

B. We do not provide any assurance that a School will receive any response from Teachers in relation to a job vacancy which has been uploaded to the Site. We have no responsibility for checking the information provided by Teachers, Schools or Agencies (whether uploaded to the Site or otherwise). The School must, but without limiting the generality of the foregoing, check a Teacher’s identity and qualifications and ability to work, whether imposed by law or any relevant professional body. If you are currently in employment or have recently left employment, you may be subject to restrictive covenants preventing you from taking up a position of employment elsewhere. It is your responsibility to check and ensure that any action taken by you in connection with the Site complies with any such contractual or other undertakings.

C. The Site is merely a location for Schools to place details of job vacancies, for Teachers to place their details, for Agencies to place advertisements for job vacancies and for the provision by us of any other services offered on the Site. We are not involved in any transaction between the School, any Teacher, any Agency or you. All dealings between the School, any Teacher, any Agency and/or you are a matter between the School, the relevant Teacher, the relevant Agency and/or you and we shall not have any liability whatsoever in relation thereto.

D. Nothing in these Terms and Conditions shall create a partnership, joint venture or the relationship of principal and agent or employer and employee between us and you or any Teacher or School or Agency.

E. We will not be liable for any delay or failure to fulfill our obligations under these Terms and Conditions where such delay or failure is by reason of any act of God, any government or governmental body, acts of war, power or systems failures, failure of the Internet, computer hacking, computer virus, business interruption or any other causes beyond our reasonable control.

F. Neither we nor you shall, without the prior written consent of the other, furnish the name of the other as a reference or utilise the name of the other for publicity purposes.

G. Notices may be delivered by hand or sent by registered or recorded post to you at your personal mailing address or registered postal address (as appropriate) and to us at Click4Teachers Limited, Holdsworth House, 65-73 Staines Road, Hounslow, Middlesex, TW3 3HW. Notices shall be deemed served on the date of delivery (if delivered by hand) or four calendar days after posting (if posted).

H. The waiver or granting of time to remedy a breach of any provision of these Terms and Conditions shall not in any way prejudice or affect the subsequent enforcement of such provision and shall not be deemed to be a waiver of any subsequent breach.

I. You may not assign, transfer, sub-licence, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions without our prior written consent. We may assign, transfer or otherwise deal with all of (or any part of) our rights and/or obligations under these Terms and Conditions without your consent.

J. The Terms and Conditions together with any terms on the Site form the entire understanding between you and us in relation to their subject matter and supersede and replace all previous agreements, understandings, arrangements and/or representations (whether in writing or otherwise) in relation to their subject matter except in respect of any fraudulent misrepresentations.

K. The School will ensure that in its dealings with any personal data provided by any Teacher it complies with the provisions of the Data Protection Act 1998 (and any provision amending or replacing the same).

L. You agree that the Late Payment of Commercial Debts (Interest) Act 1998 applies to the arrangements between you and us and that we are entitled to interest thereunder on all sums due from you.

M. Nothing in these Terms and Conditions is intended to, nor shall it, create any third party right whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

N. These Terms and Conditions shall be governed by and construed in accordance with English Law, and you agree to submit to the exclusive jurisdiction of the English Courts.