Employer Terms and Conditions
If you are using the jobs board service on behalf of an employer or acting as an employee, you warrant that you are authorized to enter into a legally binding contract on behalf of that employer. The same rights, limitations and restrictions apply to your employer. By ticking the ‘accept’ box you accept that these terms are enforceable as if they were a written negotiated agreement signed by your employer. If you do not agree to these terms you will not be able to use the jobs board service. You are advised to print and retain a copy of these terms for your future reference. By accepting them you also agree to our Website terms and conditions.
In order to use the jobs board service you shall first be required to register with LoveTEFL as a user by completing the online registration form on the website.
LoveTEFL shall send you a confirmation email (“Confirmation Email“) once it has accepted and confirmed your registration as a User. Your contract (“Contract”) to use the Services commences on the date of the Confirmation Email. LoveTEFL reserves the right to conduct verification and security procedures in respect of all information provided by you to i-to-i/LoveTEFL . If LoveTEFL has reason to believe that the information provided by you to register and use any of the Services breaches or is likely to breach any of the provision in these Terms, LoveTEFL at its sole discretion may take any action that it deems appropriate including without limitation, to terminate your Contract.
- YOUR CONTRACT WITH LOVETEFL
1.1 In order to use the features and functionalities in the Employer Service, you must be registered as a User of the Website. Your use of the Employer Service shall terminate when you cease to become a User of the Website.
1.2 To use the Employer Service, you shall be required to complete the application form on the Website and submit the Employer Information. LoveTEFL reserves the right to refuse your application for registration in the event that you fail, in i-to-i/LoveTEFL ’s opinion, to provide sufficient Employer Information.
1.3 Your Contract with LoveTEFL shall:
1.3.1 commence on the date of i-to-i/LoveTEFL ’s confirmation message sent to you using your User Portal; and
1.3.2 terminate upon the occurrence of any of the following events: (i) by you upon 14 days written notice to i-to-i/LoveTEFL ; (ii) upon thirty (30) days notice by LoveTEFL in the event any of i-to-i/LoveTEFL ’s third party suppliers cease to make its services to i-to-i/LoveTEFL ; (iii) upon notice, in the event that LoveTEFL terminates your Profile, access and use of the Employer Service and/or the Website in accordance with the User Terms and Conditions if LoveTEFL believes or has reason to believe that: (a) you or someone using your login details has failed to comply with one or more of these Terms; (b) you are in breach of these Terms; (c) there has been fraudulent use, misuse or abuse of the Employer Service and/or the Website; (d) you have provided LoveTEFL with false, inaccurate or misleading information in your use of the Employer Service and/or the Website; or (e) you are in the business of promoting the Employer Service for resale or are otherwise engaged in other similar activities.
1.4 LoveTEFL reserves the right to conduct verification and security procedures in respect of all information provided by you to i-to-i/LoveTEFL . If LoveTEFL has reason to believe that the information provided by you to use the Employer Service breaches or is likely to breach any of the provision in these Terms, LoveTEFL at its sole discretion may take any action that it deems appropriate including without limitation, to terminate your Contract.
- THE EMPLOYER SERVICES
2.1 The Employer Service shall comprise of the following:
2.1.1 facility to upload, edit or remove Job Specifications and post, edit or remove Vacancies on the Website;
2.1.2 functionalities to manage the recruitment process of a Jobseeker;
2.1.3 access to and use of any other features and functionalities of the Employer Service provided by LoveTEFL to you from time to time.
2.2 LoveTEFL shall use its reasonable endeavours to provide the Jobseeker’s information to you using the Employer Service. The Jobseeker’s information which shall be forwarded to you is set out below:
2.2.1 identity of the Jobseeker and the Jobseeker’s qualifications, skills, training and experience as they set out in their CV and covering letter.
2.3 LoveTEFL may at its sole discretion determine whether to publish, reject or remove the publication of the Vacancies uploaded onto the Website using the Employer Service.
2.4 LoveTEFL carries out copy checks on all jobs and employer profiles uploaded onto the site. LoveTEFL reserves the right to change copy or add images to improve the quality of the job advertisement.
2.5 You acknowledge and agree that LoveTEFL relies on third party suppliers to provide the Employer Service to you. LoveTEFL’s ability to provide the Employer Service may be impaired by conditions or circumstances beyond its control including without limitation third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your operating system and the number of Users logging onto the Website at the same time. Consequently, LoveTEFL does not warrant, represent or guarantee an uninterrupted or fault-free service.
2.6 In the event of a planned service downtime in respect of the Employer Service or the Website, LoveTEFL shall use its reasonable endeavours to notify you in advance provided that LoveTEFL is able to do so. LoveTEFL shall have no obligation to notify you in the event of an unplanned service downtime.
2.7 LoveTEFL may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Employer Service upon notice to you through your User Portal.
- YOUR OBLIGATIONS
3.1 You shall at all times use the Employer Service and the Website in accordance with these Terms.
3.2 You will ensure that the Job Specification contains the information set out below:
3.2.1 the identity of the party recruiting for the Vacancy;
3.2.2 the likely start date for the role;
3.2.3 a description of the role including without limitation the nature of the work and duties and any deadline for submission of an application;
3.2.4 a list of experience, training, qualifications and any authorisation required by the Jobseeker in respect of the role;
3.2.5 any health and safety risks known to you and the steps which you and the steps which you have taken to either prevent or control such risks;
3.2.6 the rate of pay and benefits package payable to the Jobseeker; and
3.3 You warrant and represent that the information provided by you pursuant to clause 3 and in respect of the Employer Information shall be correct, complete, accurate and up to date. In the event the information in the Job Specification or the Employer Information is incorrect, incomplete, inaccurate or out of date, then you must immediately take all necessary steps to rectify such information in order to comply with this clause 3.
3.4 Once a Jobseeker responds to you using the Website, you will conduct all your communications with the Jobseeker offline and will promptly notify each Jobseeker of the status of his or her application for the relevant Vacancies for which he or she has applied.
3.5 You shall at all times:
3.5.1 use the Employer Service and the Website in accordance with the applicable law and legislation and in particular, data protection, employment and discrimination legislations;
3.5.2 procure that the Job Specification and your recruitment process does not in any way discriminate on grounds of sex, gender, race, class, age or disability; and
3.5.3 refrain from doing an act which may influence the position of the results listing of your Vacancy including without limitation, the inclusion of certain keywords in the Job Specification or any keyword field.
3.6 You shall promptly notify the Jobseeker or include in the Job Specification any professional body requirements which either you or a Jobseeker applying to a specific Vacancy is required to satisfy.
3.7 You shall procure that all activities undertaken by you using the Employer Service and the Website, including without limitation, the uploading of the Employer Information, the Job Specification and the management of the recruitment process:
3.7.1 do not infringe any intellectual property rights or other proprietary rights of any third party;
3.7.2 do not contravene any applicable law and legislation;
3.7.3 are not reasonably deemed to be offensive, illegal, inappropriate or in any way: (i) promote racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harass or advocate harassment of another person; (iii) display pornographic or sexually explicit material; (iv) promote any conduct that is abusive, threatening, obscene, defamatory or libellous; (v) promote any illegal activities; or (vi) promote or contain information that you know or believe to be inaccurate, false or misleading.
3.8 You are solely responsible for the use of the Employer Service and the management of the recruitment process for each Vacancy advertised by you.
3.9 You are also responsible for:
3.9.1 ascertaining the identity of the Jobseeker(s);
3.9.2 verifying the Jobseeker’s qualifications, skills, training and experience;
3.9.3 ensuring that the Jobseeker has the right and permission to work in relevant country specified in the Vacancy; and
3.9.4 procuring from the Jobseeker(s) all information reasonably required by you to determine the Jobseeker’s suitability to the Vacancy, prior to offering the Vacancy to the Jobseeker.
3.10 LoveTEFL does not vet, verify that information is accurate, up-to-date and correct, nor edit or modify any of the Employer Information, Job Specification or any other information, data and materials created, used and/or published by you on the Website in respect of the Employer Service to determine whether they may result in any liability to any third party. You hereby warrant that you have the right to use all such information and material via the Employer Service.
3.11 You further acknowledge that LoveTEFL does not control and therefore has no liability whatsoever in respect of the behaviour, response and quality of the Jobseekers for the Vacancies advertised on the Website.
3.12 You shall at all times keep all information including without limitation, the Jobseekers Profiles, communication and correspondences between you and the Jobseekers, and all information relating to the Jobseekers and the recruitment process secure and confidential.
3.13 Your Contract shall be personal to you or your organisation and you have no right whatsoever to resell the Employer Service to any third party for any reason.
3.14 You hereby indemnify LoveTEFL against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any breach by you of any of the provision under this clause D4.
- WARRANTIES AND LIMITATION OF LIABILITIES
4.1 You acknowledge and agree that LoveTEFL only provides you with the facility to manage your recruitment process by providing you with the Employer Services. LoveTEFL does not warrant, represent or guarantee the quality and suitability of the Jobseekers, or that you will be able to fill the Vacancy using the Employer Service and/or the Website.
4.2 You hereby warrant, represent and guarantee that you shall strictly comply with all the applicable laws and legislations in respect of your use of the Employer Service.
4.3 All warranties, representations, guarantees, conditions and terms, other than those expressly set out in these Terms, whether express or implied by statute, common law, trade usage or otherwise and whether written or oral are hereby expressly excluded to the fullest extent permissible by law.
4.4 In no event shall LoveTEFL (including its respective agents, sub-contractors or representatives) be liable for any:
4.4.1 loss of profits;
4.4.2 loss of data;
4.4.3 business interruption;
4.4.4 loss of use;
4.4.5 loss of contracts;
4.4.6 loss of expectation;
4.4.7 loss of goodwill and reputation;
4.4.8 any indirect or consequential losses of any nature whatsoever; or
4.4.9 any failure of the Employer Service due to any integration or interoperability issues arising with any third party or your systems or legacy systems, whether or not caused by or resulting from its negligence or a breach of its statutory duties or a breach of its obligations howsoever caused even if it is advised of the possibility of such loss.
4.5 For the avoidance of doubt, nothing in these Terms shall be deemed to exclude, restrict or limit liability of either party (or their respective agents or sub-contractors) for death or personal injury resulting from their negligence or any liability for fraudulent misrepresentation.
4.6 Both parties accept that the limitations and exclusions set out in these Terms are reasonable having regard to all the circumstances.
- INTELLECTUAL PROPERTY RIGHTS
5.1 LoveTEFL and its licensors own all rights in the intellectual property rights relating to the Employer Service and the Website. You are expressly prohibited from:
5.1.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other `materials, any of LoveTEFL’s registered or unregistered logo, trademarks, trade names, and features and functionalities of the Employer Service and the Website; and
5.1.2 removing, modifying, altering or using any registered or unregistered logos, trademarks, trade names and/or designs owned by LoveTEFL and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of LoveTEFL or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to LoveTEFL.
5.1.3 You warrant that you own or have the right or licence to use the intellectual property rights in the Employer Information, the Vacancy, the Job Description and all information and materials provided by you to LoveTEFL .
5.1.4 You hereby grant LoveTEFL, a perpetual, sub-licensable, worldwide, royalty-free licence to publish and make available on the Website, the Employer Information, the Vacancy and the Job Description and all other information and material provided by you to LoveTEFL in respect of the Employer Service.
5.1.5 You hereby indemnify LoveTEFL against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Employer Information, Vacancy, Job Description and all other information and material provided by you to LoveTEFL .
- DATA PROTECTION
6.1 The parties shall comply with the Data Protection Act 2018 and all other successor legislation and regulation in the performance of the obligations set out herein.
6.2 For personal data processed by LoveTEFL on your behalf as 2018 part of the Employer Service, LoveTEFL will act strictly in accordance with your instructions by following such processing and security obligations as are contained in these Terms. You confirm that you are solely responsible for ensuring that any processing and security obligations comply with all applicable data protection law and legislation.
6.3 You hereby indemnify LoveTEFL against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of your failure to comply with this clause.
7.1 If for any reason you are not satisfied with our service, please e-mail: [email protected] describing the issue in as much detail as possible. Any such complaint should be submitted within seven days of the problem first arising.
7.2 We will acknowledge receipt of your complaint within a maximum of five working days and will aim to resolve the complaint within twenty-eight days. All withdrawal rights & claims are handled according to EU rules.
- CHARGES & PAYMENTS
8.1 In consideration of Us providing the Employer Services you must pay Our charges (the “Charges”) in accordance with this Charges & Payments section.
8.2 The Charges are the prices quoted on the order form.
8.3 Your payment will be debited at the time of transaction.
8.4 Payment for the Services is by bank transfer, credit card or debit card.
8.5 We will send you an electronic invoice after the start date set out in the Order Form. The invoice will be sent to the email address you provide as your associated Employer Service account or as otherwise agreed.
8.6 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay Us such additional amounts, at the applicable rate, at the same time as you pay the Charges.
8.7 A job posted on the Site will remain live as agreed in the Order Form. Any extension of this time will be charged to the Customer as a new posting unless otherwise agreed.
8.8 If any Employer Services to be used within any time period specified on the Order Form are not used within that period of time they may not be carried over into any subsequent period without Our prior written consent. The Customer will be responsible for payment for any unused Services.