Terms & Conditions

Terms & Conditions of Use – Candidates

Welcome to the Education Jobs South Recruitment Hub, referred to throughout as “the Hub”. The Hub is owned and operated by Education Personnel Services c/o Hampshire County Council of The Castle, Upper High Street, Winchester SO23 8UJ (“EPS”).

The Hub is supplied and hosted by Tribepad Ltd which is a limited company registered in England and Wales under company number 06585098 whose registered office is The Innovation Centre, 217 Portobello, Sheffield, South Yorkshire S1 4DP (“Tribepad”).

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
1. Please read these Terms and Conditions, the Privacy Notice and Cookie Policy attached hereto (collectively referred to as “the Terms”) as You will be asked to confirm that You have done so before You can register to set up an account on the Hub. The Terms set out important information about how You may use the Hub as may be amended or updated from time to time.
2. If You do not wish to accept the Terms You may not use or access the Hub. We recommend that You print a copy of these Terms for future reference. Alternatively, hard copies are available on request. If You are unclear on any aspect of the Terms, please contact Us using the contact details provided in paragraph 24.4.
3. To aid understanding, “Us” “We” “Our” or “Ours” refer to EPS. “You” or “Your” refers to You as the User accessing the Hub. “Users” under these Terms and Conditions comprise of applicants and candidates.
4. The section titles in these Terms are for convenience only and have no legal or contractual effect.
DESCRIPTION OF SERVICE
1. The Hub is designed to help job searching and recruitment within the education industry. The Hub provides Users with a variety of online services (collecting known as “the Services”), including but not limited to:

Candidate Dashboard – This allows job seekers to manage their profiles, upload CVs, search, view and apply for vacancies.

Hampshire Jobs Board – This allows jobs seekers to view and apply for vacancies within Hampshire and neighbouring areas.

Oxfordshire Jobs Board – This allows jobs seekers to view and apply for vacancies within Oxfordshire and neighbouring areas.

Other features – You may also conduct various other activities through the Services. In order to use any feature of the Services not described above, please contact Us using the contact details provided in paragraph 24.4.

You must register for an account to use Our Services. Please ensure the details provided by You are correct and complete and inform Us in writing of any changes to this information at support@education-jobs.org.uk
We make no promise that materials on the Hub are appropriate or available for use in locations outside the United Kingdom. You are responsible for compliance with the laws and regulatory regimes of other countries should You choose to access the Services from locations outside the United Kingdom.
To use the Hub, You need internet connectivity and appropriate telecommunication links. We do not provide computers or other necessary equipment to access it and We are not liable for any internet, telephone or other costs that You may incur.
We cannot guarantee that access to the Hub will always be uninterrupted or fault free. If a service fault occurs You should report it to Us by emailing support@education-jobs.org.uk and We will attempt to correct this as soon as We reasonably can. If We temporarily restrict access to the Hub to allow for repairs or maintenance, We will always attempt to restore Our Service as soon as we reasonably can.

ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
1. You must be sixteen or older to use the Services. Use of the Services is void where prohibited.
2. By using the Services, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all these Terms.
OTHER APPLICABLE TERMS
1. These Terms refer to the following additional policies, which together also apply to Your use of Our Services and Our contract with You:
  1. Our Privacy Notice which sets out the terms on which We process any Personal Data we collect from You, or that You provide to Us. By using Our Services, You consent to such processing and You warrant that all data provided by You is accurate; and
  2. Our Cookie Policy, which sets out information about the use of cookies.
CHANGES TO THESE TERMS
1. We may amend these Terms from time to time by giving reasonable notice to You. Please check this page from time to time to take notice of any changes We make, as they are binding on You.
2. By continuing to use Our Services, You agree to Our Terms as amended and updated from time to time. If at any time You choose not to accept these Terms, please do not continue to use Our Services.
3. If We make any significant changes to the Terms, You will be notified via the Hub or via email.
USER-GENERATED CONTENT
1. You are solely responsible for any data, text, music sound, images, photographs, graphics, video, messages, files or other materials (‘Content’) which are transmitted, posted, or distributed by You via Our Services, including but not limited to the contents of Your e-mail communications, information, photos or images posted by You or posted to Your profile page and information, photos, images, sound files or other Content posted by You in the feed or other page.
2. We do not own or control the Content posted by Users of the Services and do not guarantee the accuracy, integrity or quality of such Content.
3. In using Our Services You may be exposed to Content posted by other Users of the Services. Under no circumstances will We be liable in any way for any Content posted by any User of the Services or third party that is offensive, indecent or objectionable, including but not limited to, liability for infringements of third party rights, any errors, omissions or inaccuracies in any Content or for any loss, damage or offense of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via Our Services.
4. Please note that We do not guarantee that applications for jobs via the Services will result in employment.
JOB APPLICATIONS MANAGEMENT
1. Where You post Content in applying for job opportunities on Our Services, You warrant and represent as follows:
  1. Your Content is true, accurate, current, complete and refers to genuine job opportunities; and
  2. Your Content complies with all laws and regulations applicable; and
  3. You will regularly check Your Content on Our Services to ensure it complies with the warranties and representations set out in these Terms.
2. Please note that We are unable to guarantee that applications for jobs via the Services will result in Your employment or appointment for any job opportunity advertised.
GRANT OF LIMITED LICENCE
1. You warrant and represent that You either (i) own all rights, title and interest to Your Content and to any likenesses contained in Your Content or (ii) have the legal right to post such Content via the Services and to grant the licence to Us in the following paragraph and other rights referred to in these Terms.
2. You grant Us a limited licence for the royalty-free, unrestricted, world-wide, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute, perform and display Your Content (in whole or part), worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such licence enables Us to feature or use Your Content via the Services and in promotional or marketing materials. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of Your Content.
3. You also agree to waive any ‘moral rights’ You may have in respect of posted materials on Our Services. You acknowledge and agree that the display or use of Your Content shall be at Our sole discretion and Your Content may or may not be included on the Services for any reason or no reason at all.
CONDUCT AND CONTENT
1. These content standards apply to any and all Content which You contribute during the use of Our Services, and to any interactive services associated with Our Services. You must comply with the following standards. The standards apply to each part of any Content You provide as well as to its whole.
2. In relation to Content that You may contribute to Our Services, You acknowledge and agree:
  1. To provide true, accurate, current and complete information about Yourself as prompted by any registration form. If any information provided by You is or becomes untrue, inaccurate, not current or incomplete, You agree to inform Us immediately and We reserve the right to reject any of your Content and to terminate Your right to use the Services and refuse any and all current or future use of any services related to them. There is no obligation on us to test the accuracy or currency of your Content;
  2. Without limitation of the above, not to use the Services to submit (whether directly or by requesting Us to access and submit on Your behalf) any Content which:
    1. is unlawful (or promotes unlawful activity), harmful, threatening, abusive, harassing or offensive;
    2. might reasonably be regarded by Us as “spam” or which promotes or advertises any product or article, or may otherwise tend to cause annoyance or inconvenience to other Users of the Services;
    3. breaches any applicable law or regulation, or is in breach of any relevant advertising or other industry codes of practice;
    4. is defamatory, vulgar, libellous, deceptive, fraudulent (or be likely to deceive someone);
    5. contains explicit or graphic descriptions or accounts of sexual acts (or promotes sexually explicit material)
    6. is invasive of another’s privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    7. promotes violence;
    8. infringes any Intellectual Property Rights (as defined in paragraph 12 below) of any other person or entity;
    9. is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
    10. impersonates any person, or misrepresent your identity or affiliation with any person; and/or gives the impression that it emanates from Us, if this is not the case;
  3. Not to yield, collect or store information about Users of the Services or the Content posted by others on the Services or use such information for any purpose inconsistent with the purpose of the Services or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of the Services, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited.
  4. Inappropriate use may result in Your access to the Services being removed from without notice and may result in termination of Your privileges for participation in relation to the Services. Appropriate legal action may also be taken for any unauthorised use of the Services.
3. We are not responsible for material or Content submitted to Us or posted to the Services by Users of the Services.
4. We do not pre-screen, monitor, review or edit the Content posted by Users of the Services. However, We and Our agents have the right (but not the obligation) at our sole discretion to refuse or remove any Content, in whole or part, that in our judgment does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to Us.
5. We may terminate Your access to the Services at any time at Our complete discretion if You are in breach of these Terms. If We terminate or suspend Your access to the Services, You may not access the Services without Our written consent.
6. You agree to immediately notify Us of any unauthorised use of the Services or any other breach of security that you know or suspect.
7. You warrant that you have the legal authority to publish, advertise, and use such the information and any Content which You or Your personnel upload or shares in using the Services.
8. You agree to indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by Us, all damages awarded against Us under any judgment by a court of competent jurisdiction and all settlements sums paid by Us as a result of any settlement agreed by Us arising out or in connection with any breach of these Terms by You or any other liabilities arising out of Your use of the Services or the use of any other person accessing it using Your account.
9. You shall comply with all laws, enactments, regulations, regulatory policies, guidelines, and industry codes applicable to it and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform Your obligations under or in connection with these Terms and the use of the Services.
10. Nothing in these Terms shall exclude any liability that cannot be limited or excluded at law.

Termination

We may terminate Your access to and use of the Services at any time by giving notice in writing to You if:
1. You commit a material breach of these Terms and such breach is not remediable;
2. You commit a material breach of these Terms which is capable of being remedied and such breach is not remedied within 10 Working Days of receiving a written notice of such breach;
3. any consent, licence or authorisation held by You is revoked or modified such that You are no longer able to comply with Your obligations under these Terms or receive any benefit to which You are entitled, or which is necessary for Us to continue providing the Services.
Either party may terminate these Terms at any time by giving notice in writing to the other party if the other party:
1. stops carrying on all or a significant part of its business, or indicates in any way that it intends to do so;
2. is unable to pay its debts either within the meaning of section 123 of the Insolvency Act 1986;
3. becomes the subject of a company voluntary arrangement under the Insolvency Act 1986;
4. has a receiver, manager, administrator, or administrative receiver appointed over all or any part of its undertaking, assets or income;
5. has a resolution passed for its winding up;
6. has a petition presented to any court for its winding up or an application is made for an administration order, or any winding-up or administration order is made against it;
7. is subject to any events or circumstances analogous to those in clauses 9.12.1 to 9.12.6 in any jurisdiction.
Your right to terminate these Terms pursuant to clause 9.12 shall not apply to the extent that the relevant procedure is entered into for the purpose of amalgamation, reconstruction or merger (where applicable) where the amalgamated, reconstructed or merged party agrees to adhere to these Terms.
Termination or expiry of these Terms shall not affect any accrued rights and liabilities of the parties at any time up to the date of termination.

FEES FOR JOB SEEKERS
1. We currently provide free access to Users for Our Services, but please be aware if accessing them from a mobile device Your carrier’s normal rates and fees for text messages and data charges for example, will still apply.
MODIFICATIONS TO THE SERVICES
1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any related services (or any parts thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services or any related services.
2. Please note that any of the content on the Services may be out of date at any given time, and We are under no obligation to update it. We make no guarantee, representation or warranty whether express or implied that the Services, or any Content on them, will be free from errors or omissions or is accurate, complete or up-to-date.
INTELLECTUAL PROPERTY RIGHTS
1. You acknowledge and agree that all information, including but not limited to data, text, music, sound, photographs, graphics, video, messages, tags, or other materials may be protected by intellectual property rights including but not limited to copyrights, designs, trademarks, service marks, patents or other proprietary rights and laws (‘Intellectual Property Rights‘).
2. We are the licensee or sole owner of the Intellectual Property Rights in the Services including the Content on the Services. You retain all rights, titles, and interests You have in and to the Content provided by You, subject to the rights granted to Us under clause 8 of these Terms and are free to grant similar rights to others. You agree to pay for all royalties, fees or other monies owed by reason of Content You post on or through the Services.
3. Unless expressly permitted by Us You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, process or in any way exploit any Content or any part of this Service.
4. Neither You nor any third party shall make use of the contents of the Services in any manner that constitutes an infringement of Our Intellectual Property Rights that has not been expressly authorised by Us.
INTELLECTUAL PROPERTY VIOLATIONS
1. We take Intellectual Property Rights issues seriously. In the event You have a complaint that Your rights have been infringed, please send full details of Your complaint to support@education-jobs.org.uk.
2. If You repeatedly infringe other people’s Intellectual Property Rights, We reserve the right to disable your account with Education Jobs South.
INDEMNITY
1. You agree to defend, indemnify and hold Us, our affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from Your use or misuse of the Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by You or Users of the Services authorised by You or any violation of these Terms by You (including, but not limited to, any claim that Your Content infringes the rights of any third party).
PRESERVATION AND DISCLOSURE OF YOUR CONTENT
1. You acknowledge and agree that We may preserve Your Content and may also disclose Your Content (in whole or in part) and certain personal details if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with the law; (b) to enforce these Terms; (c) to respond to claims that any of Your Content violates the rights of third-parties; or (d) to protect Our, our Users’ and the public’s rights, property and personal safety.
2. You understand that the technical processing and transmission of the Services, including Your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store Your Content or other information submitted by You or other Users of the Services to Us.
3. Any or all Content on the Services may be purged periodically at Our sole discretion in line with Our Privacy Policy. You acknowledge and agree that all Content You view, submit or post is at Your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that You may not rely on any Content created by Us or submitted to Us. You further acknowledge and agree that the views expressed on the Services do not necessarily reflect Our views, and We do not support or endorse Content posted or submitted by You or any other User of the Services. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Services.
4. In operating the Services, We do not solicit nor do We wish to receive any confidential, secret or proprietary information or other material from You. Any such information or material submitted or sent to Us, will be deemed not to be confidential or secret. By submitting or sending information or other material to Us You represent and warrant that the information is original to You and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set out in these Terms.
5. You acknowledge that We are subject to the requirements of the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”). You shall:
  1. provide all necessary assistance and cooperation as reasonably requested by Us to enable Us to comply with its obligations under the FOIA and EIR;
  2. transfer to Us all Requests for Information relating to these Terms and Your use of the Services that You may receive as soon as practicable and in any event within two (2) Working Days of receipt;
  3. provide Us with a copy of all information belonging to Us requested in the Request for Information which is in its possession or control in the form that We requires within five (5) Working Days (or such other period as We may reasonably specify) of the Council's request.
6. You acknowledge that We may be required under the FOIA and EIR to disclose information without consulting or obtaining consent from You. We shall take reasonable steps to notify You of a Request for Information (in accordance with the Cabinet Office's Freedom of Information Code of Practice issued under section 45 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in these Terms) We shall be responsible for determining in its absolute discretion whether any information is exempt from disclosure in accordance with the FOIA and/or the EIR.
DATA PROTECTION
1. If You are an individual using the Services as part of Your job application process, the processing of Your Personal Data will be governed by the privacy policy of the organisation You are applying to. You can ask that organisation for a copy of their privacy policy at any time.
LINKED SITES
1. You may be able to link or post to third parties’ sites (“Linked Sites”) from the Services. Linked Sites are not, however, reviewed, controlled, or examined by Us in any way and We are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Our endorsement of or association with the Linked Sites. It is Your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon.
2. In no event shall We be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. We reserve the exclusive right, at Our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Services and/or to introduce different features or links to different Users of the Services.
YOUR PASSWORD AND ACCOUNT
1. If You choose, or You are provided with, a username, password or any other piece of information such as a code for multi-factor authentication 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 User 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.
2. If You know or suspect that anyone other than You knows your username or password, You must promptly notify us at support@education-jobs.org.uk
DISCLAIMER OF WARRANTIES
1. To the extent permitted by law, We (including our affiliates, officers, directors, employees, representatives, successors and assigns) exclude all warranties, representations or other terms which may apply to our Services and/or any content on Our Services including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the content of the services; and (ii) any warranties of title, non-infringement, merchantability, security, or fitness for a particular purpose.
2. Subject to clause 20.3, this disclaimer of liability applies to any damages or loss caused to You by Us or the services, including without limitation as a result of (1) any error, omission, deletion or defect in the Content, or (2) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation or under any other cause of action.
3. We do not warrant or guarantee that any portion of the Services will be free of infection by viruses, bugs or anything else manifesting contaminating or destructive properties; or that access to the services will be uninterrupted or error-free. You are responsible for ensuring that the device from which You access the Services has suitable anti-virus software in place.
4. We do not warrant or make any representations regarding the use or the results of the use of the Services or the Content on the Services.
LIMITATION OF LIABILITY
1. We are not liable for:
  1. loss of profit, loss of revenue, loss of data or goodwill, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software (whether direct or indirect), loss of employment or prospective employment howsoever arising suffered by You and arising in any way in connection with the Terms or for any liability You have to any third party;
  2. any indirect loss, special loss or consequential loss howsoever arising suffered by You and arising in any way in connection with the Terms or for any liability You have to any third party;
  3. any viruses uploaded to the Hub by third parties or You
  4. any errors, omissions or delays occasioned as a result of You failing to act or by a third party or agent no longer being authorised by You to act on its behalf;
  5. ensuring that there is not any material, data or information within your content which is illegal or unlawful, obscene, defamatory or otherwise infringes any third-party rights whatsoever;
  6. any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties;
  7. use of, or inability to use, the Services;
  8. use of or reliance on any content displayed on the Hub;
  9. any delay in or failure of performance caused by Your or Your personnel’s failure to:
    1. comply with these Terms; or
    2. have internet connectivity in accordance with these Terms and as notified by Us to You from time to time; or
    3. comply with Our reasonable instructions as required for the performance of the Services;
  10. any delay in or failure of performance caused by Force Majeure.
2. It is Your sole responsibility to ensure and satisfy itself as to the integrity, validity and completeness of any data or other Content which You provide to Us.
3. None of the clauses herein shall apply so as to restrict liability for:
  1. death or personal injury caused by the negligence; or
  2. fraud or fraudulent misrepresentation; or
  3. any loss caused by wilful misconduct; or
  4. any other losses which cannot be excluded or limited by applicable law.
4. You agree to indemnify Us from and against any claims or liability arising from content or links contained in any information provided by You which appears on the Hub.
5. The parties agree that the You are the sole author of all material and Content on Your section of the Hub or that You have obtained and maintain appropriate third party consents for such use and in particular You shall not allow any person (other than Your duly authorised employees) to use or have access to the Hub.
6. We will use reasonable endeavours to mitigate all liabilities, costs, expenses, damages, claims, and losses covered by the indemnity and warranties at clauses 9.7, 9.8, 20.4, and 20.5. To the extent that We receive notification of any actual or threatened third party claim giving rise to any liability, cost, expense, damages, claim, or loss covered by the indemnity above, We:
  1. Will promptly notify You of the existence of that claim or threatened claim;
  2. Will not do or omit to do anything which does or may reasonably be expected to prejudice the defence of that claim or threatened claim (including making any offer to settle or compromise) without Your prior written consent (not to be unreasonably withheld or delayed);
  3. May give You (and any advisors appointed by You) sole conduct of the defence of (or response to) that claim or threatened claim; and
  4. Will provide You with such assistance with defending or responding to such claim or threatened claim as You may reasonably request (subject to You meeting Our reasonable costs of providing such assistance).
7. Both parties shall use reasonably up to date virus checking software to ensure that the material and Content does not contain any element which is designed to corrupt data or adversely impact upon the performance of computer systems including without limitation any virus, worm, trojan, logic bomb, disabling code or routines or expiration dates as these terms are generally understood within the computer industry or other material that is malicious or technologically harmful.
8. Clicking on certain links within the Hub might take You to other websites and We shall have no responsibility or liability of any kind for the accuracy or content of any information or any other aspect of any such websites. Such links should not be interpreted as approval by Us of those Linked Websites or information the Client may obtain from them. We have no control over the contents of the sites or resources.
9. You recognise that any breach or threatened breach of these Terms may permit Us irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other rights and remedies and damages available to Us, You acknowledge and agree that We are entitled to the remedies of specific performance, injunction or other equitable relief without the proof of special damages.
FORCE MAJEURE
1. A party shall not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:
  1. promptly notifies the other of the Force Majeure event and its expected duration; and
  2. uses best endeavours to minimise the effects of that event.
2. If, due to Force Majeure, a party:
  1. Is or shall be unable to perform a material obligation; or
  2. is delayed in or prevented from performing its obligations for a continuous period exceeding 90 days or a total of more than 30 days in any consecutive period of 60 days;

the parties shall within 30 days discuss these terms to achieve as nearly as possible the original intent of these Terms and the Services.

ANTI-BRIBERY
1. Each party shall comply with applicable Bribery Laws including ensuring that it has in place procedures to prevent bribery and use all reasonable endeavours to ensure that the parties’ personnel and others associated with the parties (including but not limited to agents, subcontractors and volunteers) so comply.
2. Without limitation to clause 22.1 neither party shall make or receive any bribe (as defined in the Bribery Act 2010) or other improper payment, or allow any such to be made or received on its behalf, either in the United Kingdom or elsewhere, and shall implement and maintain adequate procedures to ensure that such bribes or payments are not made or received directly or indirectly on its behalf.
3. Each party shall immediately notify the other as soon as it becomes aware of a breach of any of the requirements in this clause.
4. A breach of this clause shall constitute a material breach of these Terms.
APPLICABLE LAWS / JURISDICTION
1. Our Terms are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with them. 
MISCELLANEOUS
1. If any provision of these Terms or part thereof shall be invalid, illegal, void or unenforceable for whatever reason, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of the Terms.
2. No provision of the Terms give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms.
3. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of Your rights or obligations under these Terms. EPS may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying You or receiving Your consent.
4. If You have any questions about the Terms or Our Services in general, please contact Us at support@education-jobs.org.uk or write to Us at Hampshire County Council, The Castle, Winchester SO23 8UJ and We will be happy to assist.

Definitions

The following definitions shall apply to these Terms:

“Confidential Information” means any commercial, financial or technical information, information relating to the Services, Content, User profile information, plans, know-how or trade secrets which is obviously confidential or has been identified as such, or which is developed by a party in performing its obligations under, or otherwise pursuant to these Terms.

“Content” shall take the meaning given in clause 6.1.

“Intellectual Property Rights” means patents, inventions, trademarks, service marks, logos, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, database rights, domain names, trade or business names, moral rights and other similar rights or obligations whether registerable or not in any country (including but not limited to the United Kingdom) and the right to sue for passing off.

“Linked Sites” shall take the meaning given in clause 17.1.

“Force Majeure” means any circumstance affecting a Party's performance of its obligations under this Agreement not within a Party's reasonable control including, without limitation:

acts of God, flood, drought, earthquake or other natural disaster;
epidemic or pandemic (excluding Covid19);
terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
nuclear, chemical or biological contamination or sonic boom;
any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
collapse of buildings, fire, explosion or accident; and
any labour or trade dispute, strikes, industrial action or lockouts; and
interruption or failure of utility service.

“Services” shall take the meaning as set out in clause 2.1.

“Working Days” means any day Monday to Friday inclusive of each week excluding Christmas Day, Good Friday and Bank Holidays in England.