Terms and Conditions
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USER AGREEMENT
If you wish to have your details included on the fejobs.com website, you must
agree to the terms below as the exclusive basis for such inclusion and click the
tick box directly below these terms.
BETWEEN:-
(1) Eteach UK Limited (‘Eteach’) whose registered office is located at Academy
House, 403 London Road, Camberley, Surrey, GU15 3HL and (2) you (hereinafter
referred to as "the User" or "you")
IT IS HEREBY AGREED THAT:-
1. DEFINITIONS
In this Agreement, the following terms shall mean:-
1.1 "User’s Details" means information submitted by a User, which may be held by
Eteach either the whole or excerpts of which may be included on the Website.
1.2 "Service" means the service of advertising educational vacancies online at
the Website and by email.
1.3 "Website" means fejobs.com and any sub-domains thereof
2. THE AGREEMENT
2.1 In consideration of the User abiding by the terms of this Agreement and
subject to the effects of the failure or interruption of services provided by
third parties, Eteach agrees to provide the Service.
2.2 Eteach may refuse to process or post the whole or any part of the User’s
Details if Eteach deems it to be offensive or inappropriate or in its absolute
discretion it believes to be inaccurate or untrue.
3. WARRANTIES
3.1 Eteach warrants that all details, which it holds in relation to the User,
shall be held and processed in accordance with Eteach's Data Protection Policy
and its Data Protection registration. Eteach shall not transfer any personal
data without the express written consent of the User. For the purposes of this
clause "written consent" shall be taken to include the checking of any boxes
upon your registration which ask if you would like Eteach or a third party to
help you in your search for a position or in the 'my profile' page on the
website. Written consent may also mean correspondence by electronic means such
as email message. Eteach shall not be liable in the event that an email message
received by it from the email address supplied to Eteach by the User and
purporting to come from the User has not in fact originated from that User.
3.2 Eteach does not warrant that:
3.2.1 details of vacancies will be current, complete or accurate;
3.2.2 User’s Details will not be provided to a User’s existing employer or Local
Education Authority; or
3.2.3 the provision of the Service will be uninterrupted or error-free.
3.3 The User shall bear sole responsibility for ensuring the accuracy of the
User’s Details supplied to eteach.com.
3.4 The warranty set out in Clause 3.1 is exclusive of and in lieu of all other
conditions and warranties, either express or implied, statutory or otherwise,
including without limitation those relating to satisfactory quality or fitness
for purpose.
4. WEBSITE CONTENT
4.1 The User recognises and accepts that he/she bears sole responsibility for
the content of the User’s Details and any message or notice it posts to any
chatroom, bulletin board or similar forum on the Website.
4.2 Eteach agrees that upon written notice from the User of any inaccuracies in
the User’s Details it will use reasonable efforts to rectify the inaccuracies
PROVIDED ALWAYS that the correct information is provided to Eteach by the User.
4.3 Eteach shall retain the right at all times to refuse to provide the Service
or any part thereof, including without limitation, posting any User’s Details to
the Website and to prohibit the User from using the Website in the future where
it reasonably believes that the User’s Details are incorrect or deliberately
misleading and any message or notice in the opinion of Eteach under the laws of
any jurisdiction from which it is possible to access the Website may:
4.3.1 be illegal, illicit, indecent, obscene, defamatory, infringing of third
party rights (of whatever nature and including, without limitation, any
Intellectual Property Rights);
4.3.2 be in breach of any applicable regulations, standards or codes of practice
(notwithstanding that compliance may not be compulsory);
4.3.3 harm the reputation of Eteach in any way.
4.4 Eteach shall retain the right at all times to refuse to post any User’s
message or notice to any chatroom, bulletin board or similar forum on the
Website and to prohibit a User from using the Website in the future where it
reasonably believes that the User’s message or notice is incorrect, deliberately
misleading, illegal, illicit, indecent, obscene, defamatory, infringing of third
party rights (of whatever nature and including, without limitation, any
Intellectual Property Rights) or is likely to harm the reputation of Eteach and
upon receipt of notification from a third party to the effect that any such
message or notice appears on the Website, Eteach may in its absolute discretion
take down such message or notice without reference to the User who posted it. In
the event that Eteach believes that the User is persistently abusing any
chatroom and/or bulletin board facility on the Website it may in its absolute
discretion prohibit the User from using the Website in future.
4.5 Eteach’s rights under Clauses 4.3 and 4.4 above shall be without prejudice
to the sole responsibility of the User for content of User’s Details and
messages or notices posted to any chatroom or bulletin board under Clause 4.1
and to the warranties given by the User relating to that content in Clause 4.6
below. Posting of User’s Details, messages or notices by Eteach on the Website
shall not under any circumstances constitute a waiver of any of Eteach’s rights
under this Agreement.
4.6 The User warrants, represents and undertakes in relation to all User’s
Details (including, for the purposes of this Clause 4.4, any User’s Details
which it requests Eteach to post on the Website) that no such User’s Details
shall be obscene, indecent, defamatory of any persons or otherwise illegal or
unlawful under the laws of any jurisdiction from which the Website may be
accessed.
5. USER`S OBLIGATIONS AND RESPONSIBILITIES
5.1 The User undertakes to notify Eteach of any changes to the User’s Details
from time to time.
5.2 The User undertakes to check that the User’s Details posted to the Website
and promptly notify Eteach in the event of any inaccuracies therein.
5.3 The User warrants, represents and undertakes that no data, information or
User’s Material provided by the User (including, for the purposes of this Clause
5.3, any messages or notices posted to the Website) shall be obscene, indecent,
defamatory of any persons or otherwise illegal or unlawful under the laws of any
jurisdiction from which the Website may be accessed.
5.4 The User hereby acknowledges that it is fully responsible for all
consequences of the User’s Details and any message and/or notice being posted on
the Website.
6. INDEMNITIES
6.1 The User agrees to indemnify Eteach against all damages, liabilities, costs
and expenses which Eteach may incur or sustain including without limitation the
costs of defending any suit arising from the use of any of the User’s Details or
data provided by or on behalf of the User in relation to the Website or any act
or omission by the User.
7. LIMITATION OF LIABILITY
7.1 Eteach is not liable for any indirect loss, consequential loss, loss of
profits, revenue, data or goodwill howsoever arising suffered by the User and
arising in any way in connection with this Agreement or for any liability of the
User to any third party.
7.2 Eteach is not liable for any viruses uploaded to the Website by third
parties or the User.
7.3 Eteach is not liable for any errors, omissions or delays of the User.
7.4 Eteach shall not be liable for ensuring that User’s Material and any message
or notice posted to the Website by the User is legal and lawful and is not
obscene, defamatory or otherwise infringing of any third party rights
whatsoever.
7.5 Eteach is not liable for any failure in respect of its obligations hereunder
which result directly or indirectly from failure or interruption in software or
services provided by third parties.
7.6 None of the clauses herein shall apply so as to restrict liability for death
or personal injury resulting from the negligence of Eteach or it’s appointed
agents.
7.7 The parties agree that the User is the sole author, editor or publisher of
all User’s Details on the Website.
8. TERM AND TERMINATION
8.1 The User’s Details will remain on the Website for such time as Eteach sees
fit and it is the User’s responsibility to ask Eteach to remove or revise them
if they are no longer applicable or accurate.
8.2 Eteach may terminate this Agreement by giving 7 days written notice of
termination to the address provided to Eteach by the User from time to time or
with immediate effect in the event of any breach of Clauses 4.6 or 5 by the
User.
8.3 The User may terminate this Agreement by sending an email request to
unsubscribe to: support@fejobs.com
9. GENERAL
9.1 Subject to Clause 9.2, these Terms and any other expressly incorporated
document constitute the entire agreement between the parties hereto relating to
the subject matter hereof and neither party has relied on any representation
made by the other party unless such representation is expressly included herein.
Nothing in this Clause 9.1 shall relieve either party of liability for
fraudulent misrepresentations and neither party shall be entitled to any remedy
for either any negligent or innocent misrepresentation except to the extent (if
any) that a court or arbitrator may allow reliance on the same as being fair and
reasonable.
9.2 No change, alteration or modification to this Agreement shall be valid
unless in writing and signed by duly authorised representatives of both parties.
9.3 If any provision of this Agreement or part thereof shall be void for
whatever reason, it shall be deemed deleted and the remaining provisions shall
continue in full force and effect.
9.4 Any notice given pursuant hereto may be served personally or sent by
pre-paid registered letter or recorded delivery to the addresses given
hereabove. Such notice shall be deemed to have been duly served upon and
received by the addressee, when served personally, at the time of such service
or, when posted, 48 hours after the same shall have been put into the post
correctly addressed and pre-paid.
9.5 Neither party shall be liable for any loss suffered by the other party or be
deemed to be in default for any delays or failures in performance hereunder
(other than in relation to payment) resulting from acts or causes beyond its
reasonable control or from any acts of God, acts or regulations of any
governmental or supra-national authority.
9.6 Any delay or forbearance by either party in enforcing any provisions of this
Agreement or any of its rights hereunder shall not be construed as a waiver of
such provision or right thereafter to enforce the same.
9.7 This Agreement shall be governed by the laws of England and the parties
submit to the exclusive jurisdiction of the Courts of England and Wales.