TERMS AND CONDITIONS
Last updated: December 28, 2020
These terms and conditions, as amended from time to time, ("these terms") apply to your use of our website and services, flytoteach.co.uk ("the site", or "us"). You should print a copy of these terms and conditions for future reference. All policies, procedures and guidelines that appear on the site from time to time ("the policies") are deemed to be incorporated into these terms. "You/your" means you, the user of the site and services of Fly to Teach.
1. Use of the site
1.1 By using the site and the services provided by Fly to Teach you agree to be bound by these terms, which shall take effect immediately on your first use of the site (which includes applications). If you do not agree to be legally bound by these terms then you are not authorised to use the site and should not do so.
1.2 By using the site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
1.3 Access to the site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the site without notice. We will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the site, or our entire site, to users who have registered with us. Please note that there will be no refund of any fee (nor will we have any other liability to you) for withdrawal, modification or unavailability of any service.
1.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms. For security or other reasons, we may require you to change your password or other information which facilitates access to our services.
1.5 When using the site, you must comply with the provisions of our acceptable use policy which forms part of these terms.
1.6 You are responsible for making all arrangements necessary for you to have access to the site. You must also ensure that the email address we hold for you is current and that you have full and consistent access to it. If you change your email address you must register your new email address promptly within your account section.
1.7 You may not permit any other person to use your password or log in details or otherwise access your account on the site and you are solely responsible for any acts or omissions of any person using the site on this basis. You may not use more than one account on the site without our written permission.
1.8 We aim to update the site regularly, and may change the content at any time. If the need arises, we may suspend access to the site, or close it indefinitely.
2. How we work
2.1 The site is intended to be used by those seeking Work Opportunities ("Candidates") or looking to recruit candidates ("Employers"). We offer information and services strictly in accordance with these terms.
2.2 We provide information to Candidates seeking Work Opportunities including access to our job board and internal opportunity matching facility, newsletters and alert services. There is no charge for access as a Candidate and for normal services provided by Fly to Teach.
2.3 Candidates specifically acknowledge and agree to the following:
(a) you will provide us with any information reasonably requested by us or an Employer in connection with your profile;
(b) your engagement or employment by an Employer will be subject to such terms as may be agreed between you and the Employer and you must comply with all such terms. Although we encourage Employers to put written contracts in place with Candidates we accept no liability in relation to any such contract or any Employer’s failure to enter into such a contract. Furthermore, we shall have no liability if an Employer, having made a verbal or written offer to you, then fails to employ or engage you in accordance with such offer;
2.4 We provide services to Employers seeking Candidates (“Employer Services”) including access to Candidate information and profiles.
2.5 We reserve the right to suspend or automatically terminate, without liability or notice, any account in breach, or suspected to be in breach our terms and conditions.
2.6 Candidates understand that Fly to Teach is not responsible or liable for any advice given to them, whether that is job-hunting, visa, or any other type of advice. Any advice provided by Fly to Teach is done so with the best intentions of Candidates, Fly to Teach and Employers. Fly to Teach is not liable for any advice provided to Candidates.
2.7 Employers specifically acknowledge and agree to the following:
(a) It is not permitted to use the site in relation to any Opportunity involving work with Vulnerable Persons. "Vulnerable Person" means any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention, and includes any person under the age of eighteen.
(b) We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.
(c) All Employers are obliged to comply with relevant China or UK employment legislation in relation to any offers made to Candidates or opportunities posted via the site. We may, in our complete discretion, remove any position or certain Employer services from any Employer who does not comply with these standards in accordance with this policy.
3. We have no involvement in the relationship between Candidates and Employers and hence shall have no responsibility in relation to resolving any disputes between Candidates and/or Employers related to or arising out of their use of the site or of Fly to Teach services.
4. Information and instructions
4.1 We provide services only on the basis that you give us all proper and necessary instructions, information and authority to enable us to undertake lawfully and effectively deliver the service ordered and you indemnify us accordingly. You warrant that that all information you provide to us about yourself or your organisation is full, accurate and current. The site contains full details of all information required from you.
4.2 We reserve the right to collect feedback regarding your performance and to post example of positive feedback on the site at our discretion. You may not take any actions that may undermine the integrity of the feedback system.
4.3 Our services are provided solely to you and shall not be used or relied upon by any third party.
5. Save as precluded by law we shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and howsoever caused) which arise out of or in connection with the site, our services, these terms, any inability to use the site services, or associated with access to any information obtained or messages received or transactions entered into or made possible through use of the site or in any way connected with the site or the services of Fly to Teach.
6.1 In providing Employer Services and other services through the site we are acting as a Recruitment Agency and Job Board.
6.2 All information about Candidates and Employers which is available through the site is prepared and posted by the Candidates or Employers concerned and we cannot verify its truth or accuracy.
6.3 We give you no warranties or representations in respect of the information available through the site and accept no liability in relation to such information. We give you no warranty or assurance as to any other aspect of the site and all implied warranties and conditions are excluded to the maximum extent permitted by law.
6.4 It is your responsibility to verify any information you access through the site and you use the site at your own risk.
6.5 We give you no warranty or assurance that the site, our services or our means of delivering them are compatible with your software or computer configuration. We may change part or all of any service at our discretion.
6.6 You acknowledge that we are not and cannot be responsible for the conduct or behaviour of individuals or organisations who use the site – whether on the site or outside of it. We have no control over the quality, safety or legality of any opportunity entered into as a consequence of using this site, the ability of any Candidate to provide work to the Employer’s satisfaction, or the quality, quantity or nature of work opportunities likely to be offered on the site.
6.7 You acknowledge that any advice received from Fly to Teach or Employers is not liable by either party and you have free will to accept or decline legal contracts and agreements offered to you (Candidates).
7. Written communications
7.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the site, you accept that communication with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
7.2 All notices given by you to us must be given to us at firstname.lastname@example.org We will give notice to you at the e-mail address you provide to us, or in any of the ways specified in clause 9.1 above. Notice will be deemed received and properly served immediately when posted on our website or 24 hours after an e-mail is sent.
8. Intellectual property rights
8.1 We are the owner or the licensee of all intellectual property rights in the site and in the material published on it, other than material which is contributed to the site by its users. Our rights in our material are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.2 You may download and print off extracts of any page(s) from the site for your personal reference and you may draw the attention of others within your organisation to material posted on the site. You may not otherwise copy, distribute, show in public or create any derivative work from the site or any of the material which is found on the site unless properly licensed to do so by (a) us and (b) where material contributed by one or more users of the site is concerned, by the user(s) in question. Our status as the authors of our material on the site must always be acknowledged.
8.4 You agree that submission of any information, feedback, content, data or other materials ("Materials") is at your own risk, and that none of us, our affiliates, any Employers or Candidates has any obligations (including without limitation obligations of confidentiality) with respect to such Materials.
8.5 By submitting any Materials to the site you:
(a) are representing that you are fully entitled to do so;
(b) grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from such Materials solely in the course of its processing and display it on and through the site in accordance with these terms; and
(c) authorise us to adapt the relevant Material in the course of doing so, and so waive your moral rights to object to any derogatory treatment or to be identified as the author of the material in question.
8.6 If you are an Employer, if you create any tests, specifications, criteria lists or other programs for use on the site to evaluate or otherwise select Candidates they will be considered Materials for purposes of this Agreement and may be used and/or referenced by us or other Employers and Candidates pursuant to the license granted above.
8.7 You accept full liability for any breach by you of this clause 10.
9. Uploading Material to the site
9.1 Whenever you make use of a feature that allows you to upload Material to the site, such as using the Apply feature, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
9.2 Any Material you upload to the site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property rights, or of their right to privacy.
9.3 We will not be responsible, or liable to any third party, for the content or accuracy of any Materials posted by you or any other user of the site.
9.4 We have the right to remove any Material or posting you make on the site if, in our opinion, such Material does not comply with the content standards set out in our acceptable use policy.
10. Viruses, hacking and other offences
10.1 You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
10.2 By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
10.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it.
11. Linking to the site
11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2 You must not establish a link from any website that is not owned by you.
11.3 The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
11.4 If you wish to make any use of material on the site other than that set out above, please address your request to email@example.com.
12. Links from the site
12. Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. Information about you and your visits to the site
13.2 The site, and any information or other data acquired from your use of the site, is intended to be used only for the purposes described on the site from time to time. Accordingly you must not:-
(a) include an email address, postal address, phone number, the address of any website or any other information which is intended to facilitate direct communication in material which is posted on the site. This information can be shared, if wished, once direct contact has been made;
(b) place material on, or otherwise use, the site for any business, advertising or commercial purpose other than as permitted by us from time to time; or
(c) use your access to the site or information gathered from it for the sending of unsolicited bulk email (spam), harassment, invasion of privacy or otherwise objectionable conduct.
14. Additional services
We may offer new or additional services through the site from time to time. Your use of those services may be subject to additional terms and conditions, fees or rules of use which you must comply with.
16. Customer services and publicity
16.1 We are keen to receive feedback from our users and queries should be sent using the feedback link on the right. We will be responsible for and will have sole discretion regarding all customer service issues relating to use of the site and its features. Please contact firstname.lastname@example.org for more information.
16.2 We welcome press and media enquiries which should be directed to email@example.com. Users may generally publicize their use of the site, however they may not issue any press release with respect to us or the site, without our express prior written consent.
16.3 All users consent to the use of their information in press, promotional activities, and case studies for our company.
17.1 We have the right, but not the obligation, to monitor any activity, content and Materials associated with the site. We may investigate any reported violation of these terms or complaints and take any action that we deem appropriate including (but not limited to) (a) suspending or terminating your access to our services and/or (b) removing or requiring you to remove, material posted on the site, if you or Material appears to us, or to a complainant, to be in breach of any provision of these terms. Any person whose access has been suspended or terminated must not re-register for, or re-access, any of our services without our prior consent. You are responsible for everything which is done on or through the site while your account is logged on to the site, or through your email address(es). In addition, we reserve the right to suspend or terminate your access to our services if you are abusive, discriminatory or threatening to any person through the site or services.
17.2 We have the right to suspend or terminate any account immediately without liability if, in our opinion and in our absolute discretion, we believe that:
(a) the account is being used without our prior permission for marketing, advertising, or other services, which are unrelated to the hiring or recruitment;
(b) the account is being used in an inappropriate, unsafe, or illegal manner;
(c) the account contains incomplete, misleading or inaccurate information about the user or opportunity being advertised;
(d) the account is being used by or for a third party without our express written permission;
You agree to indemnify us (Fly to Teach) against all liabilities, claims and expenses that may arise from any breach of these terms by you or through a machine on which you access the site or services provided by Fly to Teach.
You may (subject to any additional terms agreed in relation to any Employer Services) at any time elect to stop using the site provided that, in discontinuing any site activities, you must use our standard functionality and must abide by all applicable policies. No fees or subscriptions will be refunded in the event of termination by you in accordance with this clause. We may, in our sole discretion, terminate or suspend your use of the site at any time without notice to you.
20. Law and jurisdiction
These terms and the site are governed by UK law. Any dispute arising from, or related to, these terms or the site shall be subject to the exclusive jurisdiction of the English courts although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.