Terms of Service for Candidates

 

We are TeachX Limited t/a TeacherHQ ("TeacherHQ", “we” or “us” and that includes any of our group companies from time to time, who we act as trustee for in respect of the Terms). The following Terms of Service and any documents referred to below (all such terms and documents together referred to as the "Terms") govern the legal relationship between you and TeacherHQ in relation to your use of our web application (accessible at the URL www.TeacherHQ.co.uk) (the “Web App”) and our mobile app “TeacherHQ” currently or soon to be accessible from Apple iOS and Google Android (the "Mobile App") (the Web App and Mobile App together being the “App” and all as further defined below) and any updates to those. Please note that the relevant Platform’s terms and conditions also apply to your use of the App (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail.  Our Web App and the Mobile App allow Candidates (defined below) to find appropriate employment opportunities in the education industry. You must not use our Web App or the Mobile App if you are under the age of 18 and/or do not have a valid and relevant work permit to work in the UK and you hereby warrant that you are 18 years old or over and have such work permit.  

1. Acceptance of these Terms

 

a. By clicking on the “I accept” button below, you are deemed to have read and accepted these Terms prior to using either the Mobile App or the Web App as a registered user.

 

b. By clicking on the “I accept” button below if you are downloading the Mobile App you represent and warrant to us that: (i) your access and use of the Mobile App will be in accordance with these Terms and with all applicable laws, rules and regulations of the United Kingdom and any other relevant jurisdictions; (ii) you are not located in a country that is subject to a US Government embargo or has been designated by the US Government as a ‘terrorist supporting’ country; and (iii) you are not listed on any US Government list of prohibited or restricted parties; (iv) the information you provide to us is true and accurate and you will update such information when necessary; and (v) you are legally entitled to own the device you are using to access and use the Mobile App and you legally own or control your account.

 

c. You acknowledge and agree that these Terms of Service apply from the date on which you click “I accept” below and that the other relevant documents mentioned at clause 4 below apply from the date you first visited our website or downloaded the Mobile App. Further you acknowledge and agree that the Terms apply to your use of our Web App and/or the Mobile App and that the Terms form a legally binding contract between you and TeacherHQ.

 

d. If you disagree with these Terms you must not click “I accept” below.

 

e. In order to use the Services (defined below) you must register as a Candidate and accept these Terms. We reserve the right to decline or cancel your registration at any time for any reason subject to clause 9 below.

 

2. Definitions

 

App: TeacherHQ’s software platform and application which can be accessed from both the URL www.TeacherHQ.co.uk) (the “Web App”) and also Apple iOS and Google Android (the “Mobile App”) which enables hirers to find appropriate candidates for employment opportunities in the education industry and consisting of the domain name ‘www.TeacherHQ.co.uk’ (and all other domain names from which the Web App can be accessed); the Features; the Filtering System; the content offered from and generated by the App (including all text, information, data, software, executable code, images, audio or video material in whatever medium or form); the App’s look and feel, graphic user interface and functionality; and, the software (including the algorithm)(in object code and source code format) that powers both the Web App and the Mobile App and that is used to provide the content on it (including any error corrections, updates, upgrades, modifications and enhancements to it made by us).

AWR: The Agency Worker Regulations 2010 (as amended).

Booking Form: a form generated on our App when an Engagement has been confirmed in order to highlight key terms of the Engagement. The content of a Booking Form may vary for each Engagement.

Candidate: a work seeker introduced to Hirers through our Web App and/or the Mobile App.

Commencement Date: the date a Candidate first starts work at a Hirer to fill a Vacancy.

Candidate Service Company: any employment business through which a Candidate performs work for a Hirer in respect of a Supply Vacancy and with which the Hirer contracts and makes payment to in respect of such work.

DBS: The Disclosure and Barring Service and its successors.

Engagement: a Candidate performing work for a Hirer in respect of a Supply Vacancy under the terms agreed with the relevant Candidate Service Company, and Engaged shall be construed accordingly.

Features: the App features in operation from time to time that enable you to contact Hirers and to arrange interviews with Hirers and to better enable our performance of the Services. Such features may include messaging applications and any others we may put in place from time to time. We reserve our right to amend, withdraw and add to our Features from time to time at our discretion.

 

Hirer: a person or organisation who uses our Web App and/or the Mobile App for the purposes of being introduced to Candidates.

 

Intellectual Property:, rights to inventions; copyright and related rights; trade marks, trade names, domain names, rights in get-up, rights to use and exploit, goodwill and the right to sue for passing off; unfair competition rights; rights in designs; all rights whatsoever in computer programs, firmware, ‘apps’ and other computer software and data; database rights; and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and to be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 

Introduction: when a Candidate is introduced for the first time to a Hirer through our Web App and/or the Mobile App for the purposes of a filling a particular Vacancy.

 

Platform: any mobile app purchasing platform from which you download the Mobile App include Apple iOS and Google Android.

 

Regulations: The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended).

Reviews: a review provided by either a Candidate or a Hirer about the other in respect of a completed Engagement. The information to be included in a Review will be prompted by TeacherHQ from time to time at its discretion.

Vacancy: a job or position, whether permanent (“Permanent Vacancy”) or supply (“Supply Vacancy”), in the education industry which a Hirer is seeking to fill and which a Hirer posts on our Web App and/or the Mobile App or otherwise uses our Web App and/or the Mobile App to find potential Candidates for such vacancies.

 

3.     Interpretation

 

a. The headings in these Terms are inserted for convenience only and shall not affect their construction.

 

b. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

 

c. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

 

d. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

 

4. Other relevant documents

 

a.     The terms set out in our privacy policy (link), cookie policy, acceptable use policy and terms of use form part of the Terms.

 

b.     However, if any of the provisions of those policies conflict with any provisions of these Terms of Service, the terms herein shall prevail.

 

5. Services

 

a. We provide a mobile and web application to help match you to suitable Vacancies and we provide any other services described in our site and/or the App for Candidates from time to time (the “Services”). We do not have a contractual relationship with Candidates for work purposes, as is set out in clauses 5(b) and (c) below, and so we act as an employment agency only in respect of both Permanent Vacancies and Supply Vacancies, to the extent that the Services are or continue to be relevant to the Regulations.

 

b. Our matching application referred to above is powered by an algorithm which uses the information provided by:

 

                         i.       you when you create and maintain a Candidate profile; and

 

                       ii.       information provided to us by Hirers.

 

c.     Permanent Vacancies. It is our understanding that Hirers will engage you directly if you are successful in applying for a Permanent Vacancy whether as an employee or on whatever other basis you and the Hirer might agree. We will not be a party to the contractual relationship between you and such Hirer for the work to be performed and you would not be engaged at any time in respect of Permanent Vacancies as our employee, worker or contractor. By agreeing to these Terms, you agree that Hirers may browse your registered profile on our App and approach and provide any relevant information (as per clause 5(f) below) to you directly about any Permanent Vacancies. Such information should be provided by a Hirer when you enter into communication with it about a particular Permanent Vacancy and if the Hirer refuses to or cannot provide the relevant information, please raise the issue with TeacherHQ as soon as possible and we will endeavour to assist.

 

d. Supply Vacancies. If you are successful in applying for a Supply Vacancy, Hirers will not engage you directly as their employee or worker or contractor and TeacherHQ do not act as an employment business (as defined in the Regulations) and so you must be Engaged by a Candidate Service Company to perform such roles. Separate to these Terms, such Candidate Service Companies will provide to you (usually through a Feature of our App to make the process more efficient) its relevant terms and conditions which you must accept or negotiate as the case may be with the Candidate Service Company. To confirm, we are not a party to that contractual relationship between you and any Candidate Service Company nor in respect of the contractual relationship between the relevant Hirer and Candidate Service Company. Any and all relevant administrative and legal matters between you and the Candidate Service Company (such as without limitation, in respect of payment of your salary or fees or provision of benefits or in respect of any entitlements or obligations you might have) are a matter solely between you and the Candidate Service Company. Save for generating a Booking Form on our App, any and all relevant administrative and legal matters between the Candidate Service Company and the Hirer (such as, without limitation, ensuring completion of time sheets, assessing and complying with any relevant obligations under the AWR and the Regulations and paying you for work done) are a matter for the Candidate Service Company (and you as the case may be) and the Hirer. We have no obligations in respect of such matters; we merely provide a matching, introduction and checking (as per clause 5(k) below) service.

 

e. We will notify you if our status as an employment agency changes. To confirm, the Services are provided free of charge as is required under the Employment Agencies Act 1973 and if you require work beyond the scope of the Services, we are happy to consider any proposal and may, at our discretion, agree to enter into separate terms with you about such work.

 

f.   We will seek from the Hirer and provide to you (or the Hirer may provide to you directly as per clause 5(c) above) any information which is required under the Regulations from time to time. That currently includes in respect of any Hirer and Vacancy:

 

                                     i. company name, trading name and the nature of its business;

                                   ii. the intended start date and intended duration of the work;

                                  iii. the position and type of work the successful Candidate will be required to do;

                                  iv. the location at which the successful Candidate will work and the hours of work expected of them;

                                    v. any relevant health and safety risks and what steps it has taken to prevent or control such risks;

                                  vi. the experience, training and qualifications and any authorisation which it considers are necessary, or which are required by law, or by any professional body which the Candidates must possess in order to do the work;

                                 vii. any expenses payable by or to the successful Candidate;

                               viii.     the minimum rate of pay and any other benefits to be offered and the intervals of payment; and

                                  ix. the notice period that the successful Candidate must give and receive for the Vacancy to be terminated.

 

g. To be clear, we do not give any guarantee and warranty about the integrity or accuracy of the information that Hirers supply to us or to you and in any event we accept no responsibility or liability should any matched Hirers and/or Vacancies be unsuitable for you.

 

h. The Services are not exclusive and you are free to use the services of other employment agencies or to use any employment businesses at any time.

 

i.   By using the Services, you agree that any Hirers may contact you about any suitable Vacancies and that you are willing to work in such positions, subject to finalisation of the relevant terms between you and the Hirer. Therefore, you may use any of the Features in accordance with the Terms to deal with Hirers. Should any of the Features on the App include our use of a “push notification” you will receive a notification in the App to provide your consent. You are free to decline your consent and if you give consent and change your mind later, you should be able to disable such application at any time using the relevant privacy settings on your device. Once a Hirer cancels a Vacancy on our Web App or the Mobile App, you may not be able to use any of the Features in connection with such Vacancy and you hereby agree that we are not responsible in such case if you are then unable to communicate with the relevant Hirer.

 

j.   If you wish to apply for or be considered for Permanent Vacancies through our App, we ask you to upload to our App a copy of your current curriculum vitae and we may ask you to confirm other relevant personal information about your work experience and desired roles to help facilitate more suitable matches for Permanent Vacancies. Where such information and documentation is provided to us, we will provide copies to the Hirer.  We do not however give any guarantee and warranty about the integrity or accuracy of the information that you provide to us and in any event we accept no responsibility or liability should you be unsuitable for a Permanent Vacancy. Hirers are responsible for carrying out any appropriate background and right to work checks on Candidates for Permanent Vacancies and conducting an appropriate and lawful recruitment process before they hire such Candidates.

 

k. If you wish to apply for Supply Vacancies through our App, you must upload to our App copies of your current curriculum vitae, valid ID documentation (such as your passport), a valid and appropriate DBS certificate, two references from persons who are not your relatives and copies of any relevant qualifications. We may also ask you to confirm other relevant personal information about your work experience and desired roles to help facilitate more suitable matches for Supply Vacancies. We will pass this information to the Hirers as part of the Services and so you must ensure that any information you provide to us is complete and accurate and you will keep us updated on any changes to such information and you hereby indemnify us as per clause 11 below should you fail to satisfy this obligation.

 

l.   Where it is confirmed to us that you have been successful in applying for a Vacancy and we then receive or obtain information within 3 months of the Introduction which indicates that you are or may not be suitable for that Vacancy, we must inform the Hirer of that without delay to satisfy our obligations under the Regulations. We accept no responsibility for any loss that you may suffer should we have to comply with such part of the Regulations.

 

m.   If any Vacancy means that you would be provided with accommodation or provided with help with travel costs (such as travel cards, travel expenses or loans), as set out more fully in the regulation 24 of the Regulations, then (i) the Hirer is responsible for providing any such lawful accommodation and/or travel costs assistance and (ii) it must notify to us that it will provide such accommodation and/or travel costs assistance so that we can satisfy our legal obligations by providing to you the required information under the Regulations. However, we accept no responsibility or liability where the Hirer fails in its obligations to us.

 

n. If another employment agency or an employment business (as defined in the Regulations) uses the Services to seek to place you in roles we will notify that to you and provide any other information to you in order to satisfy our obligations under the Regulations.

 

o. As part of the effective provision of the Services and quality control purposes, you agree to provide Reviews and consent that Hirers will provide Reviews about you to us. You must not knowingly provide false, inaccurate or misleading information in respect of Reviews. Reviews that you make about Hirers will be visible to you, TeacherHQ and that Hirer only. Reviews about you will be visible to you, the relevant Hirer and other Hirers seeking to fill Supply Vacancies and TeacherHQ and will be used by us to determine whether you are an appropriate user of the App. If we determine at our sole discretion that you are not an appropriate user we reserve the right to cancel your registration and remove you from our Web App and the Mobile App, subject to clause 9 below.

 

p. By accepting these Terms you hereby agree that you will provide to us (and that you agree to us approaching you about the following) through our Features or by telephone, electronic mail, in person or in any other manner or medium, confirmation of any successful applications you make for Vacancies and that you will do so as soon as possible after that is confirmed to you by the Hirer. In any event, you must confirm to us in writing by email at the contact details below: (i) within 7 days of an offer being made to you by a Hirer for supply or permanent roles of that fact and details of the remuneration package which is offered and (ii) within 7 days of the Commencement Date, that you have commenced work for a Hirer in a supply or permanent role and the relevant remuneration package.

 

6. Licence to use the App and Intellectual Property

 

a. Our Intellectual Property:

 

                                     i. “TeacherHQ” (word) and all other names, logos, icons and marks identifying us, the App and its services are our trade marks. We own (or have a licence to use) all Intellectual Property subsisting in the App. By using the App under licence you do not acquire any Intellectual Property in our App and all right, title and interest to all such intellectual property remains with us or our licensor(s)(as the case may be).

 

                                   ii. We both acknowledge and agree that in the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s Intellectual Property we, not the Platform owner, are solely responsible for the investigation, defence, settlement and discharge of any such claim.

 

b. Licence: Provided that you have a valid account with us in respect of your access to and use of the App and/or in respect of the Platform from which you downloaded the Mobile App and in consideration of your agreement to be bound by these Terms, we grant you a single non-exclusive, non-transferable, revocable licence to use the App for your personal and/or internal business use on the devices which relate to the Platform under your account, and as permitted by any applicable usage rules set forth by the Platform. You may not distribute, rent lease, lend, sell, transfer or sublicense the App, nor copy (except as expressly permitted by any applicable Platform usage rules), decompile, reverse-engineer, dissembled, attempt to derive the source code of, modify or create derivative works of the App except to the extent as may be permitted by the licensing terms of any open sourced components included in the App and to the extent that the foregoing restrictions is not prohibited by applicable law.

 

7. Confidentiality

 

You agree that during and after the termination of these Terms, you will not, without appropriate consent, use or disclose to any other person any of our information which is identified as confidential or which is confidential by nature. You hereby give consent to us to share with Hirers any information provided by you under these Terms or when using the Services when you create and maintain a profile and/or apply for a Vacancy. Further, you hereby provide consent to us to disclose, publicise, market or otherwise make use of for valid business reasons the fact that you use our services and details of any Vacancies you successfully apply for using the Services (Hirers will be required to provide a similar consent to the disclosure of such information). We can also use relevant information about your relationship with us for valid business, administration and investment reasons.  

 

8. Data Protection

 

a. You consent to us holding and processing data relating to you for legal, personnel, administrative and management purposes and for the purposes of providing the Services and in particular to the processing of any "sensitive personal data" (as defined in the Data Protection Act 1998) relating to you, to the extent that is relevant.

 

b. You consent to us making such information available to any companies in our group from time to time and to those who provide products or services to us such as partners of the business, advisers, regulatory authorities, governmental or quasi-governmental organisations and potential purchasers or partners of our business or any part of it and to the disclosure of such information to any Hirers pursuant to the provision of the Services.

 

c. You consent to the transfer of such information to our business contacts outside the European Economic Area in order to further our business interests.

 

9. Price and payment and gifts

 

a. Until further notice, the Services are provided free of charge. However, we reserve our right to introduce lawful payment terms at our discretion subject to us giving you reasonable notice about such terms and the opportunity to cancel your registration with us before you incur any cost. For the avoidance of doubt, if we decide to put in place payment terms, those will include protection that any paid for services will be performed or will be refunded in the case of cancelation of your registration (save in circumstances where you owe us monies or materially breach the Terms).

 

b.     Gifts from us to you: if you are successful in securing a permanent role and we receive a Success Fee for which no rebates to the Hirer are required, on the 100 day after the Commencement Date we will give to you £500 as a gift for using our services.  If you refer a candidate for any Permanent Vacancy and that candidate is hired using our services and for which we receive a Success Fee for which no rebates to the Hirer are required, on the 100 day after the relevant commencement date we will give to you £250 as a gift for referring our services. We reserve the right to withdraw this gift promotion at any time and for any reason and we will decide in our absolute discretion whether you have referred another candidate to a Hirer through our services.

 

10.  Status

We are an employment agency but we are not an employment business. Nothing in the Terms shall render us as an employment business. We do not contract with you or Hirers directly in respect of any work that you may perform for Hirers. We merely provide the Services and it is between you and any relevant Candidate Service Company and the Hirer at your respective risk to contract with each other about any such work.  Further, nothing in this agreement shall render you as our employee, worker, agent or partner and you shall not be held out as such.

11.  Liability

 

In addition to any other relevant provisions on the issue of liability in the Terms:

 

a. To the maximum extent permitted by law, we accept no liability for any of the following:

 

                                     i. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

 

                                   ii. loss or corruption of any data, database or software; or

 

                                  iii. any special, indirect or consequential loss or damage.

 

b. Should you fail to satisfy any of your contractual or legal obligations to us or Hirers or any Candidate Service Company or other relevant person or organisation as set out, mentioned or alluded to in the Terms, and in particular (although without limitation) clauses 5, 6, 7, 8 and 9 of these Terms of Service, we accept no responsibility or liability for any such breaches by you or any relevant breaches by us as a result (including, without limitation, relating to the Regulations) and you hereby indemnify and keep indemnified us against any costs, penalties, damages, fines or other losses (including, without limitation, reasonable legal costs) suffered by us in connection with any such failure by you as above.

 

12.  Termination

Subject to clause 9 above, either of us can terminate your registration of our Web App and the Mobile App for any reason and without notice. We may also for any reason and without notice;

a.           remove any content you publish on the App;

b.           verify your information by requesting certain documents and refuse your requests to use the App if we believe there is reason to do so;

c.           take any steps to terminate or suspend your use of the App if we believe you have failed to comply with any of the provisions of these Terms; and

d.           if we decide to terminate, suspend or refuse to allow your use of the App, share or publish your name and email address and notify third parties (including the Platform owner).

 

Thereafter, any continued use of our Web App and/or the Mobile App as an unregistered user will continue to be subject to terms set out in the Relevant Documents. For the avoidance of doubt, any terms stated to survive the termination of these Terms of Service and/or any indemnities given in the Terms will continue in full force and effect post termination of these Terms of Service.

13.  General

 

a. Subject to clause 9, you agree that we can and we reserve the right to amend, replace or add to the Terms at our sole discretion.

 

b. Each of you and TeacherHQ acknowledge that in entering into the Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms.

 

c. We may defer the date for performance of the Services, or terminate these Terms of Service, if we are prevented from, or delayed in, carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including strikes, lockouts or other industrial disputes, failure of a utility service or transport network, act of god, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or subcontractors.

 

d. Any failure by us to enforce at any particular time any one or more of these Terms shall not be deemed a waiver of such rights or of the right to enforce these Terms subsequently nor shall it prejudice our right to take action in respect of the same or any later breach.

 

e. No provision of these Terms shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999 with the exception of Apple and Apple’s subsidiaries in relation to your use of the Mobile App on Apple iOS.

 

f.   If any of the provisions of the Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by applicable laws.

 

g. These Terms shall be construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts. Your use of the App may also be subject to other local, state, national or international laws.

 

h. Where these Terms are also provided in a language other than English, whilst the translation is believed to be accurate, no warranty to that effect is given, and the English language version will prevail.

 

i.   Complaints and Disputes: Please contact us immediately using its contact details below if you: (a) have any questions, complaints, claims or concerns about content which appears in the App or in relation to us generally; or (b) believe that any act or omission by us or one of our other users of the App is in breach of applicable law. We will then consider your concerns and decide whether to take action and whether or not any other user has in our opinion, breached any of these Terms. We will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that we, not the Platform owner will be solely responsible, are responsible for addressing your or any third party’s claim relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

j.   Our contact details: TeachX Limited is a private limited company incorporated in England with company number 10103398 with its registered office at Devonshire House, 60 Goswell Road, EC1M 7AD London. You can contact us by email at hello@TeacherHQ.co.uk