Terms and conditions for the use of this website and related apps
Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
1.1 Please read these terms and conditions carefully before using the flexiteach™ website and applications operated by Judicium School Services Ltd, a company registered in England and Wales, company registration number 07526549, whose registered office is located at 72 Cannon Street, London, England, EC4N 6AE. flexiteach™ is a brand name of Judicium School Services. Within these terms on the website, the terms “we, “us”, “our” or “Judicium School Services” refer to Judicium School Services Ltd. The terms “you” or “your” refer to users of the Website and related applications.
1.2 By accessing or using the flexiteach™ website you agree to be legally bound by these terms and conditions as they may be modified and posted on the flexiteach™ website from time to time.
1.3 Please note that the flexiteach™ website is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years or over to use the flexiteach™ website and to take up any opportunities with the schools/ teachers.
1.4 If you do not wish to be bound by these terms and conditions then you may not use the flexiteach™ website.
2. Modifications to website and apps
2.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the flexiteach™ website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms and conditions. Each time you log onto the website, You will be doing so subject to the terms and conditions applicable at the time of login.
3. Nature of the flexiteach™ website and apps
3.1 The flexiteach™ website provides a software platform/ database service to enable schools, teachers and school support staff ('Users'), to interact with one another with a view to using our booking system for temporary teaching/support assignments. In particular:
- Schools may use the website to display specific assignment opportunities available within the school including dates and fees payable and to invite teachers and support staff to take up those assignments.
- Teachers and support staff, whilst employed through a third party, can be informed of specific assignment opportunities and use flexiteach™ to book themselves for such assignments.
- When a school lists an assignment as available on flexiteach and invites teachers or support staff to accept that assignment, the invitation forms a contractual offer that once accepted creates legally binding obligation on the school to make the assignment available on the date, for the fee and on any other terms specified in the invitation. Whilst invitations are made ignoring VAT, Value Added Tax will be added to the school invoice. Payment is to be made to the employer of the teacher or member of support staff or, if that is not possible, to the teacher or member of support staff personally.
- When a teacher or member of support staff accepts an invitation from a school to fill an assignment, that acceptance forms a legally binding obligation on the teacher or member of support staff to carry out the assignment on the date, for the fee and on any other terms specified in the invitation.
- Teachers and support staff using the flexiteach™ must be employed by a third party ‘umbrella’ company(ies) that will comply with all employer obligations including but not limited to deducting Income tax and national insurance. The terms of engagement between the schools and the umbrella company(ies) is a matter for those two parties but can be viewed here.
4. Cancellation of assignments/bookings
4.1 Cancellations of assignments/bookings more than two clear days before the booking date, do not incur a cancellation fee. However, when a school cancels an assignment/booking less than two full days before the booking date, there will be a cancellation fee calculated as follows: where cancellation is less than two full working days from booking date, the cancellation fee shall be 50% of the fee agreed for the first day of the booking; where the cancellation is less than one full working day from the booking date, the cancellation fee shall be 100% of the fee agreed for the first day of the booking.
5. Information teachers/schools and other users provide to us
5.1 The following applies to any information you provide to us, for example during any registration.
- You authorise us including other subsidiary companies within the group to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name, address, professional qualifications, the results of any enquiries with third parties including DBS, financial information on your earnings, and any other information to the extent reasonably necessary to provide the services which are available through the flexiteach™ website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’). If you would like to request such information or review or modify any part of your personal information then you should do so on the flexiteach™ website.
- You must ensure that the Personal Information you provide is accurate and complete.
5.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes between us and schools/teachers/support staff and any third party company employing the teachers/support staff (as the case may be). If you would like to review or modify any part of your Personal Information then you should do so by sending us an e-mail to email@example.com.
5.3 In addition, the following also applies to all messages, e-mails, ideas, suggestions, concepts or other material submitted by you to us (‘Content’): you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful.
5.4 We acknowledge that you have ownership rights in the Content and Personal Information set out in your account with us. You accept that it is your sole responsibility to take and maintain a backup of your Content and Personal Information. To the extent permitted by law, in no event shall we be liable for the deletion, loss, or unauthorised modification of any of your Content/ Personal Information. If your account is terminated, all the Personal Information will be deleted from our databases and the flexiteach™ website as soon as it is reasonably practicable to do so bearing in mind our regulatory and legislative responsibilities.
5.5 You have sole responsibility for the Personal Information and Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the disclosure or publication of the Personal Information Content submitted by you to us. The license granted by you to us under this clause will discontinue within a commercially reasonable period, which we in our sole discretion deem appropriate, after such Content/ Personal Information is removed/ deleted from the flexiteach™ website.
5.6 You warrant that you will not use the flexiteach™ website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libelous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use the flexiteach™ website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
5.7 For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (the “Regulations”), Judicium School Services is not an employment business and generally does not introduce or supply work-seekers to hirers (or vice versa).
6. Prohibited conduct
6.1 Schools Teachers and other users using flexiteach™ must not:
- Do any activity that imposes a large load on the flexiteach™ website or the infrastructure that supports and runs it, which includes but is not limited to the sending of commercial advertising or solicitation emails. Under such circumstances Judicium School Services may, in its sole discretion, impose a limit on the number of emails a school may send to teachers and teachers send to schools;
- Use any data mining, robots or similar data gathering or extraction methods or reverse engineer or copy any of our software/ database code or the Contents (current and archived);
- Breach the flexiteach™ website security;
- Post any CV or school position on behalf of another party;
- Share any user name/ password to access the flexiteach™ website with a third party;
- Harass, incite harassment or advocate harassment of any group, company, or individual;
- Send unsolicited messages online/ offline in any form of medium promoting and/ or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by the school or teacher (as the case may be);
- Copy any Content of any third party and make that information available on the flexiteach™ website;
- Post any Content or information for any unlawful purpose or any illegal activity, or post or submit any content, CV, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or entity or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Judicium School Services discretion; or
- Post any CV which is not a genuine CV and which attempts to advertise or promote products or services.
7. Additional Terms applicable to Schools
7.1 Schools must not advertise any positions that breach any employment legislation, including but not limited to any equal opportunity laws or offer any positions in any country which has economic sanctions imposed upon it by the United Kingdom.
7.2 Schools warrant that they will ensure that any teachers engaged through the flexiteach™ website are formally engaged through a third party company and that under no circumstances is Judicium School Services to be regarded as an employer as defined under the Employment Rights Act 1996.
7.3 Schools must approve timesheets by 6 pm on the Monday (or next working day if Monday is a bank holiday) following the end of the week where payment is outstanding. If timesheets have not been approved by such time, such timesheets will be automatically approved by default and in accordance with the data settings existing at that time and the school will be liable to pay for the services of the teacher or support staff in accordance with the data on the timesheet that has been so approved.
7.4 Bookings through flexiteach may only cover full days and half days. Where a teacher or other support worker works for half a day, that period will be paid at a rate equal to 60% of that applicable were it a full day.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on the flexiteach™ website and anything that arises from the Content/ information accessible through your access details. You must not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding the flexiteach™ website that comes to your attention.
9. Applicability of online materials
9.1 Unless otherwise specified all content and materials published on the flexiteach™ website are presented solely for your private, personal and non-commercial use.
9.2 The flexiteach™ website is controlled and operated by us from our offices in England. Where content published on the flexiteach™ website is supplied by third parties such as schools and teachers, you understand that we do not filter, screen, control or endorse such content in any way. We therefore cannot be responsible for any of the Content, accuracy or otherwise of the Personal Information, the authenticity of the teachers or the schools, the posts/ positions offered by schools generally. Users can create profiles which can include personal information and this personal information can, through the flexiteach™ website become publically available information. In addition, all content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content. You assume total responsibility and risk for your use of the flexiteach™ website and use of all information contained within it.
9.3 We try to ensure that the flexiteach™ website complies with UK laws. However, we make no representations that the materials Content, Personal Information on the flexiteach™ website are appropriate or available for use in locations outside the UK. Those who visit the flexiteach™ website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of the flexiteach™ website and/ or viewing of it, or use of any material or content on the flexiteach™ website or information/ services offered through the flexiteach™ website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use the flexiteach™ website and you must exit immediately.
10. Copyright monitoring
10.1 The contents of the flexiteach™ website including but not limited to (text, photos, audio, videos, graphics, images, logos, icons, buttons, software and databases), are protected by international copyright laws and other intellectual property rights. The owner of these rights is Judicium School Services, its affiliates or other third party licensors. All Judicium School Services names, flexiteach™ and logos mentioned in this flexiteach™ website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from the flexiteach™ website for the sole purpose of putting the purpose of the website into effect. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the flexiteach™ website including but not limited to (text, photos, audio, videos, graphics, images, logos, icons, buttons, software and databases) without our prior written consent, except where expressly invited to do so, for example in order to download a CV that may contain any of the above.
10.2 Users and or any third party accessing the flexiteach™ website must preserve all copyright, trademarks, service mark and other proprietary notices contained in the flexiteach™ website.
11. Term and Termination
11.1 These Terms will remain in force while you remain a user of the flexiteach™ website. We, in our sole discretion, reserve the right to suspend and/ or terminate your use of the flexiteach™ website, apps and the Contents, Personal information or other information/ material contained within it, if we find that you have breached these terms.
12. Availability of the flexiteach™ website and access through apps and other mobile devices
12.1 We will try to make the flexiteach™ website available but cannot guarantee that the flexiteach™ website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the flexiteach™ website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any of our hardware or software.
12.2 If you use the flexiteach™ website through a mobile device, you agree that information about your using the flexiteach™ website through such a device and carrier may be communicated to us, including but not limited to your mobile carrier, the device that you are using and the location where the device is being used to access the flexiteach™ website. In addition, you are fully responsible for any Content, Personal Information or material accessed on such a device.
13.1 To the fullest extent permitted by law, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, loss of employment opportunity, revenue or business/ business opportunity or interruption (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the flexiteach™ website or its contents, the Contents/ Personal information relating to schools and teachers available through it we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Judicium School Services or our servants, agents or any other person or entity. Further, we do not provide any warranty of merchantability fitness for a particular purpose.
13.2 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the service concerned subject to a limit of £100. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
13.3 You are responsible for ensuring that your computer system and/ or mobile device meets all relevant technical specifications necessary to use the flexiteach™ website and is compatible with the flexiteach™ website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the flexiteach™ website will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
13.4 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
13.5 We reserve the right to delete a User’s account and all Content/ information after a significant duration of inactivity.
14.1 You agree to defend, indemnify and hold Judicium School Services and its affiliates, and their respective officers, directors, employees and agents harmless, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Content, Personal information or other material that you provide to Judicium School Services, (ii) your use of any Content/ Personal Information, or (iii) your breach of these terms. Judicium School Services shall provide you with written notice of any such claim under this indemnity.
15.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
15.3 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
15.4 These terms and conditions and your use of the flexiteach™ website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
15.5 Except in respect of a payment obligation, neither you nor Judicium School Services will be held liable for any failure to perform any obligation to the other due to causes beyond your or Judicium School Services respective reasonable control.
15.6 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
15.7 These terms and conditions do not confer any rights on any person or party (other than you and/ or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
16.1 All notices shall be given to us via e-mail at firstname.lastname@example.org or by post at 72 Cannon Street, London, England, EC4N 6AE; or to you via e-mail or by post to the email or postal address you provided to us on registration. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.