EDUCATORS WALES WEBSITE TERMS AND CONDITIONS
Please read these terms and conditions carefully before using the Educators Wales website.
- About these Terms
These Terms apply between:
- EWC ("we", "us" or "our"); and
- you, the person or organisation accessing or using the Website ("you" or "your"), as either an Educator, Employer, Provider or LEA User.
You should read these Terms carefully before using the Website. By using the Website or otherwise indicating your consent, you agree to be bound by these Terms. If you wish to have your details included on the Website, you must agree to these Terms. If you do not agree with any of these Terms, you should stop using the Website immediately.
These Terms apply to any parts of the Website, its functionality and content provided to you.
If you would like these Terms in another format (for example: audio, large print, braille), please contact us using the contact firstname.lastname@example.org.
In these Terms, the following words shall mean:
- "Educator" means an individual user
- "Educator's Details" means details and/or content provided by an Educator via the Website
- "Employer" means schools, colleges, universities, youth work organisations or other providers of education who advertise, or wish to advertise, Vacancies through the Website
- "Employer Details" means details and/or content provided by an Employer via the Website
- "LEA User" means an individual employed by a local education authority
- "Provider" means schools, colleges, universities, training providers or other providers of education or training who advertise, or with to advertise, qualifications and professional learning offers to educational organisations through the Website
- "Provider Details" means details and/or content provided by an Provider via the Website
- "Service" means the service of advertising Vacancies to Educators and/or qualification and professional learning offers to Educators or Employers online on the Website and providing a mechanism enabling an Educator to apply direct to the Employer or Provider
- "Vacancy" means an employment position advertised by an Employer on the Website.
- About the Website
The Website operated by Education Workforce Council ("EWC"). The Website provides information for people looking to start a career in education. It also hosts a training portal for education organisations to promote their qualifications and professional learning offers and a jobs portal for education organisations across Wales to upload jobs free of charge, and for budding talent to apply.
- Who we are and how to contact us
Education Workforce Council is a body corporate established by the Education (Wales) Act 2014.
Our main office is at Education Workforce Council, 9th Floor, Eastgate House, 35-43 Newport Road, Cardiff, CF24 0AB.
If you have any questions about the Website, please contact us by:
- sending an email to email@example.com
- filling out and submitting the online form available here www.educators.wales/contact or
- calling us on 02920 460099 (our telephone lines are open Monday to Friday: 9 am to 5pm.
- By using our website you accept these Terms
We recommend that you print a copy of these Terms for future reference.
We may prevent or suspend your access to the Website if you do not comply with these Terms or any applicable law.
In consideration of you agreeing to comply with these Terms, EWC agrees to provide the Services to you in accordance with these Terms.
- Our Privacy and Cookies Policy www.ecuators.wales/privacypolicy . See further under How we may use your personal information”
- We may make changes to these terms
We amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on 1 June 2021.
- We may make changes, suspend or withdraw access to our Website
Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will:
- work with all hardware and software
- always be available, be uninterrupted or error free.
We may makes changes to the Website at any time. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
EWC may at all times refuse to provide access to the Website or provide the Service or any part thereof and to prohibit any user from using the Website in the future where it reasonably believes that the Educator Details, Employer Details or Provider Details are incorrect or deliberately misleading or, in the opinion of EWC:
- is illegal, illicit, indecent, obscene, defamatory, infringing of third party rights (of whatever nature and including, without limitation, any intellectual property rights)
- is in breach of any applicable law, regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory)
- harms the reputation of EWC in any way.
EWC may also suspend or withdraw your access to the Website if you breach these Terms in any way.
- Your obligations to us
You agree to the following:
- to comply with these Terms and all applicable laws
- to notify us of any changes to your details from time to time or any inaccuracies in the details provided to us
- to ensure that your Educator Details, Employer Details or Provider Details provided through the Website are accurate
- to access the Website solely for the purposes of accessing the Service;
- that no data, information or other details provided by you 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
- to virus check all data or documents supplied to EWC or uploaded/submitted to the Website
- to notify EWC once you no longer wish to have your details included as part of the Website
- to co-operate with EWC in all matters relating to the Website or the Services
The information you provide on the Website must be truthful, complete and accurate. If following of submission of information to an Employer you note that you have made an error, you are responsible for contacting the Employer directly to correct the error.
Be aware that Employers or Providers may choose to close a Vacancy before the advertised date.
You must not publish, edit or delete a Vacancy listing if you do not have authority to do so.
You must not publish on the Website:
- Vacancies that are not relevant to the education sector in Wales or have not been approved by the Educators Wales team
- unconfirmed or non-existent Vacancies
- discriminatory content: you must not state or imply in a job advert that you will discriminate against anyone (subject to certain exceptions under the Equality Act 2010, particularly those applying to schools with a religious character)
- Access from outside the United Kingdom
We make no promise that the Website is appropriate or available for use in locations outside of the United Kingdom. Whilst the Website may be accessible outside the United Kingdom, we do not represent that content available on or through our Website is appropriate for use or available in other locations. If you choose to access the Website from locations outside the United Kingdom you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
We try to make the Website as accessible as possible. If you have any difficulties using the Website, please contact us using the contact details at the top of this page.
Use of the Website may require registration, particularly in order to access restricted areas of the Website.
We are not obliged to permit anyone to register with the Website and we may refuse, terminate or suspend registration to anyone at any time.
- You must keep your account details safe
If you choose, or you are provided with, a username, identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any username, identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your username, identification code or password, you must promptly notify us at firstname.lastname@example.org.
As a condition of your use of the Website you agree not to:
- misuse or attack our Website by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack),
- attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website, or
- not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 our Website will cease immediately.
- Virus protection
Whilst we make every effort to check and test material at all stages of production, we do not guarantee that our Website will be secure or free from bugs or viruses. It is always wise for you to run an antivirus programme on all material downloaded from the internet. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material from our Website.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may download extracts or print off one copy of any page from our Website for your own personal use. You may also share the information contained on the Website for purposes relating to the Services (including sharing information of Vacancies with others). You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Nothing in these Terms grants you any legal rights in the Website or the content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Website or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Website or the content.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
The content on our Website is provided in good faith and for information only. It may change without warning and it is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Whilst we make reasonable efforts to make sure that the Website is accurate, up-to-date and free from bugs, we cannot promise that it will be. We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website is at your own risk.
Although we make reasonable efforts to update the information on our Website, we do not guarantee that:
- the details of any job vacancy is current, complete or accurate
- the Educator Details will not be provided to an Educator's existing employer
- We are not responsible for websites we link to
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources and we accept no responsibility or liability for the content of other websites.
This Website includes information and materials uploaded by other users of the Website, including by Educators, Employers and Providers. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values and we bear no responsibility for such content.
EWC is not responsible for any materials produced by registered users of the Website and shall have no liability in relation to the content of such materials. Materials produced by registered users of the Website are the sole responsibility of the registered user who produced such materials.
EWC shall upon written notice from you of any inaccuracies in user-generated content and upon the provision of the correct content use reasonable efforts to correct the inaccuracies.
You shall bear sole responsibility for ensuring that all content generated by you or on your behalf on the Website – including Educator Details, Employer Details and Provider Details (as applicable) – is accurate and complete.
You warrant that any such content generated by you will comply with these Terms and all applicable laws and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
EWC may refuse to process any content if EWC deems it to be offensive or inappropriate or in its absolute discretion it believes any such details to be inaccurate or untrue.
Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Website a limited licence to use, store and copy that content and to distribute and make it available to third parties.
You are solely responsible for securing and backing up your content.
You agree that any content generated by you or on your behalf shall not:
- be illegal, illicit, indecent, obscene, defamatory, infringing of third party rights (of whatever nature and including, without limitation, any intellectual property rights)
- be in breach of any applicable laws, regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory)
- harm the reputation of EWC or Welsh Government in any way.
- Events beyond our control
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.
- Our responsibility for loss or damage suffered by you
- If you are an Educator
Unless expressly stated in writing by us, the Website is provided 'as is', without any representation or endorsement made and without warranty of any kind, whether express or implied. This includes but is not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We will not be responsible to you in any circumstance whatsoever for any direct, indirect or consequential loss (all three of these Terms include, pure economic loss, loss of profits (whether direct loss or indirect loss), loss of business, depletion of goodwill and any similar loss) however caused in connection with the use of the Website or the use or relying on any information or other materials contained in the Website.
Nothing on the Website is intended to be an offer to enter into a contract.
EWC shall not be liable for any actions of an Employer or Provider.
- If you are an Employer or Provider user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website; or
- use of or reliance on any content displayed on our Web.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- loss of data;
- loss of agreements or contracts;
- loss of use or corruption of software (whether direct or indirect);
- any viruses uploaded to the Website by third parties or by an Employer or Educator;
- any errors or delays occasioned by us or a third party; or
- any indirect or consequential loss or damage
however so arising or in any way in connection with the Terms or use of the Website.
When you upload content as an Employer or a Provider to our Website, you grant us the following rights to use that content worldwide: non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Service provided by the Website.
We do not object to you linking directly to pages on this Website and you do not need to ask permission to do so. However, we do not permit our pages to be loaded into frames on your site.
Our Website must not be framed on any other site.
We may terminate our agreement:
- at any time where you are in breach of these Terms, or
- at any time by giving you 7 days' written notice of termination
You may terminate this agreement at any time by e-mailing us.
- We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- Complete agreement
These Terms and the terms referred to in paragraph 7 contain all the terms and conditions which you and EWC have agreed in relation to the use and access of the Website.
- Which country's laws apply to any disputes?
If you are an Educator, please note that these Terms, their subject matter and their formation, are governed by English and Welsh law, as it applies in Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are an Employer or Provider, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English and Welsh law, as it applies in Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.