TERMS OF SERVICE
The purpose of the Terms of Service is to explain the legal basis upon which this site and services of Tesol Jobs (Pathways International Ltd) is offered for use, and the limitations of liability that we retain. Tesol Jobs is a trading name of Pathways International Ltd and shall be known in these Terms of Service as Tesol Jobs. Tesol Jobs is NOT acting as an employment agency.
By requesting or accepting our services or using our information you accept and agree to abide by these Terms of Service, which apply to all dealings between Tesol Jobs (“we” or “us” as appropriate) relating to the business described in the Terms of Service and override any terms proposed by you unless we agree to such terms in writing.
These Terms of Service constitute the contract between Tesol Jobs and the Client and are deemed to be accepted by the Client by virtue of the earliest of signature, electronic acceptance (through registration on this website or by email) or the placing of any order.
The Terms of Service are split into the terms governing the website and the services provided by Tesol Jobs.
Terms of Service for the website
This website (the “Site”) is owned and operated by Pathways International Ltd a company registered in England and Wales (no. 11597242) at 85 Great Portland Street, First Floor, London, United Kingdom, W1W 7LT. The Site is intended for use only by employers (“Clients”) and candidates (“Candidates”).
Users of the site are asked to read these Terms of Service carefully before committing and creating a legally binding contract.
The copyright and all other intellectual property rights in this Site belong to Tesol Jobs.
The information on the Site may be updated from time to time.
Tesol Jobs hereby excludes any warranties (whether expressed or implied) or any other assurances as to the operation, quality, accuracy, efficacy, completeness, performance, timelessness, or fitness for any particular purpose, or functionality of the Site. Furthermore, it is accepted that access to the Site may be interrupted, restricted or delayed, at any time, for any reason.
Tesol Jobs hereby excludes any warranties (whether expressed or implied) or any other assurances as to the quality, accuracy, efficacy, completeness, performance, timelessness, or fitness for any particular purpose of any of the jobs or content of the material appearing on the Site, including (but not necessarily limited to) any Resume of an Applicant or any description of a client which may be contained in the Site.
Tesol Jobs will not be liable for any damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) howsoever arising and whether in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any action or omission taken as a result of using the Site or any such contents.
Tesol Jobs accepts no responsibility for the content or accuracy of any such Resume.
Tesol Jobs makes no warranty that the contents of the Site are free from infection by viruses or any other element which has contaminating or destructive properties and Tesol Jobs shall have no liability in respect thereof.
The Site contains links to external, third party sites located on servers which are maintained by third parties, but Tesol Jobs has no control over such third party sites and therefore no control over their content. Accordingly, information that may be accessed from the Site via hypertext link is available solely on the basis that Tesol Jobs disclaims all responsibility or liability (including for negligence) in respect of any of the material contained on or accessible from such sites and servers.
Where part of the Site contains advertising and other material submitted to Tesol Jobs by third parties, it is understood and accepted that it is those advertisers solely who are responsible for ensuring that such advertisements and other material so submitted for inclusion on the Site comply with all relevant laws and regulations. Although acceptance of advertisements on the Site is subject to the terms of service of Tesol Jobs (which terms of service are available on request) Tesol Jobs will take no responsibility for any error, omission or inaccuracy in advertising materials and does not accept liability in respect of any of them.
Clients of Tesol Jobs, agree not to include personal contact information within their job advertisements or job briefs. Tesol Jobs, reserves the right to edit any job advert information and exclude members who do not comply.
The contents of the Site are governed by English law and users agree to submit to the jurisdiction of the English courts with respect to any issue which may arise.
Terms of Service for the service provided by Tesol Jobs
1. SERVICE AND FEES
- On receipt of a job posting from you, Tesol Jobs will advertise your vacancy for the duration agreed and paid for.
- Fees for our service are due upfront.
- We will use the chosen job board to attract applications and forward these to you.
- You agree not to significantly change, withdraw or place vacancy on hold once you have authorised Tesol Jobs to commence advertising services for you. Significant changes will include job title and location and will incur a subsequent fee.
2. EMPLOYMENT BUSINESS REGULATIONS (2003)
- Tesol Jobs is a recruitment resourcing & advertising service and it operates outside the Employment Business Regulations 2003. You acknowledge it is your sole responsibility to take such action as you deem necessary to ensure a Candidate’s suitability for Engagement.
- You also acknowledge it is your responsibility to check as to the suitability of each Candidate and take up any references provided by such Candidate before Engaging a Candidate. You are solely responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of Candidate, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which Candidate is engaged to work.
- You agree that Tesol Jobs shall have no liability in respect of the acts or omissions of any Candidate and that you are solely responsible for the selection of Candidates and the offering of Engagements.
3. CANDIDATE DATA
- With each Tesol Jobs referral we will supply you with the details of the relevant Candidate, as provided to us by the Candidate. We provide no warranty as to the accuracy or completeness of such Candidate Data.
- You agree to use Candidate data for the sole purpose of finding and selecting individuals to fill your own job vacancies and for no other purpose whatsoever.
- You acknowledge that the Candidate Data considered to be personal data as defined in the Data Protection Act 1998 (the “Act”) and that you are responsible for ensuring your compliance with the Act. In particular, you shall ensure that the employment of appropriate operational and technical measures to protect the security and confidentiality of such personal data.
- It is a condition of Tesol Jobs’s supply of Service that you will not:
- Supply, sell or license Candidate Data (or any copies thereof) to any other person or affiliate
- Contact a Candidate or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies.
- You agree to deal fairly and professionally with Candidates and to comply with all anti-discrimination and employment legislation including but not limited to the Sex Discrimination Act 1975, the Race Relations Act 1976, The Employment Equality (Age) Regulations 2006 and The Disability Discrimination Act 1995
- You hereby agree to indemnify Tesol Jobs against any loss or damage, howsoever occurring, sustained by Tesol Jobs as a result of any breach by you.
- You are responsible for the content of the job description, person specification and supporting text and will indemnify Tesol Jobs against any claim, loss, liability, expense and/or damage (“Losses”) in connection therewith.
- Tesol Jobs shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) that may be suffered or incurred by you:
- Arising from or in any way connected with Tesol Jobs seeking a Candidate for you or from the Referral to or Engagement of any Candidate by you or from the failure of Tesol Jobs to introduce any Candidate; or
- Where you offer a position to a Candidate and the Candidate accepts it but subsequently declines it before the position’s agreed commencement date.
- For the avoidance of doubt, nothing in these Terms seeks to limit or exclude Tesol Jobs’s liability for (i) fraud or other criminal act, (ii) personal injury or death caused by the negligence of Tesol Jobs’s employees in connection with the performance of their duties hereunder or by defects in any service supplied pursuant to this Agreement, or (iii) any other liability that cannot be excluded by law.
- Tesol Jobs reserves the right in its sole and absolute discretion to refuse to register a vacancy or withdraw a vacancy at any time without reason. Examples of vacancies that may be removed include (but are not limited to) the following:
- Vacancies Tesol Jobs considers illegal, inappropriate or fraudulent.
- Vacancies which directly or indirectly require or ask for application or registration fees.
- Vacancies which advertise franchise, pyramid, network marketing or “get-rich-quick” schemes.
All fees are exclusive of Value Added Tax (VAT). VAT will be charged at the applicable rate.
6. LAW AND PRACTICE
These Terms are governed by the law of England and are subject to the exclusive jurisdiction of the Courts of England.