Terms & Conditions

Supply Clouds – User Terms and Conditions

Introduction

These user terms and conditions (“Terms and Conditions”) are a legally binding agreement that governs your use of our recruitment portal for supply teachers called Supply Clouds and all related services we make accessible to you on Supply Clouds (referred collectively in these Terms and Conditions as the “Platform”).

If you are a supply teacher (“Teacher”), these Terms and Conditions should be read alongside your employment agency’s (“Agency”) privacy policy and/or terms and conditions).

If you are accessing the Platform on behalf of a school or education establishment (“School”) please consult with the Agency for the terms and conditions under which the Agency shall provide Teachers to you.

The Platform is developed, owned and provided by Supply Clouds Development Ltd (referred to in these Terms and Conditions as ”Supply Clouds”, “we”, “us” or “our”), incorporated and registered in England and Wales with company number 09645746 whose registered office is at F37, 1 Canada Square, London E14 5AA. Should you have any questions about these Terms and Conditions or wish to contact us for any reason whatsoever, please email us at info@supplyclouds.com.

Please read these Terms and Conditions carefully. By using the Platform in any way you agree that you have read, understood and accept these Terms and Conditions (as may be amended by us from time to time). These Terms and Conditions forms a legally binding agreement between you and us. If you do not agree to these Terms and Conditions, you must not use the Platform.

  1. Minimum Requirements
    • In order to use the Platform you must meet our minimum requirements which we may notify to you from time to time. The Platform requires a mobile phone or web browser with internet access.
    • You are responsible for all charges incurred with your telecommunications provider arising out of use of the Platform including but not limited to the amount of data transmitted and received by the Platform.
  2. Registration
    • You are responsible for all information posted on the Platform by anyone using your account. Any breach of security of your account or any unauthorised use of your account should be notified to us immediately by emailing us at info@supplyclouds.com.
    • You may not adapt or circumvent the systems in place to control access to the Platform, nor access or use the Platform other than through its normal operation.
  3. Services
    • Please contact the Agency, or Supply Clouds at info@supplyclouds.com, for further information about the features of the Platform.
  4. Use of the Platform
    • You agree to use the Platform only for lawful purposes and in a way which does not violate any applicable law or regulation, or infringe the rights of any anyone else or restrict or inhibit anyone else’s use and enjoyment of the Platform.
    • Neither you nor anyone else authorised by you may use the Platform:
      • in an unlawful manner, or in violation of any applicable laws, regulations, licence or third party rights, or in any way that may prejudice or damage the reputation of us;
      • to re-sell all or any part of the Platform or to exploit all or any part of the Platform for any commercial purposes (or attempt to do so);
      • in any way which interferes or tampers with, abuses, modifies or otherwise corrupts the security or functionality of any part of the Platform; or
      • in a way that is not permitted under these Terms and Conditions or any other reasonable instructions we may give to you.
    • If we believe that you are using or have used the Platform or your User Account directly or indirectly in a way not permitted under these Terms and Conditions, we may suspend or terminate your use of the Platform.
    • While we will endeavour for the Platform to be accessible at all times, your access to the Platform may be suspended, restricted or terminated at any time, and we reserve the right to suspend, modify any and all functionality of the Platform without notice.
    • In respect of the Platform, you agree the following:
      • we grant you a non-exclusive, revocable, non-transferrable licence (without the right to sub-license) to use the Platform on any mobile device, and/or any desktop computer, that you own or control;
      • your licence to use the Platform is effective until terminated by you or us. We shall terminate your rights under your licence without notice if you fail to comply with any of the terms of these Terms and Conditions. Upon termination of the licence, you must cease all use of the Platform and permanently delete all copies of the Platform from any and all mobile device(s) that you own or control;
      • to the extent permitted by law, you will not reverse engineer, decompile or otherwise endeavour (in whole or in part) to obtain the source code of the Platform save to the extent that you cannot be prohibited from so doing under applicable law;
      • you will not permit any third party to use the Platform nor use the Platform on behalf of or for the benefit of any third party in any way whatsoever;
      • you will not collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers running the Platform;
      • you will not use the Platform in any way which could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of the Platform;
      • you must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform servers or any server, computer or database connected to the Platform. You must not attack the Platform or our servers via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them;
      • we do not warrant or represent that the operation of the Platform will be uninterrupted or error free, nor do we warrant that the Platform is suitable for your needs;
      • we do not warrant or represent that the Platform is compatible with third party applications or is compatible on any hardware configurations; and
      • all intellectual property rights in the Platform are owned by us (or our licensors) and you acknowledge that any intellectual property rights used in connection with the Platform shall remain our exclusive property, and that, except for the limited rights expressly granted under these Terms and Conditions, no intellectual property rights in the Platform shall pass to or otherwise vest in you.
  1. Data Protection and Privacy
    • By using the Platform, you acknowledge that we shall process information about you to the extent necessary to provide the Platform. Please note that we only use your personal information in accordance with the instructions received by the Agency. For the purposes of the Data Protection Act 1998, the Agency is the data controller of any personal information that you provide when using the Platform. If you require information about how your personal information is processed when using this Platform, please consult your Agency terms and conditions and/or privacy policy.
    • GPS tracking details – We only store a single (longitude/latitude) position, which is the last one transmitted via the Supply Clouds app. The journey data isn’t stored, only the last transmitted coordinates of a teacher before tracking stopped/app switched off. Supply Clouds do not store any historical tracking data.
    • Our tracking GPS functionality can be switch off at any time within the app dashboard, by clicking on the Location On/Off toggle. You may also withdraw this consent at any time by turning off the location services settings on your device(s). Please refer to http://supplyclouds.com/teacher-app-tutorials/ Video #4 (location settings) for instructions.
  2. Intellectual property rights
    • You agree that the Platform and its content, including but not limited to the graphics, design, user interface of the Platform and the software used to implement and run the Platform on your device, contains proprietary information and material that is owned by us or our licensors, and are protected by applicable intellectual property law, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Platform in compliance with these Terms and Conditions. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform in any manner and you shall not exploit the Platform in any unauthorised way whatsoever.
    • We and our licensors reserve the right to change, suspend, remove or disable access to any content, or other materials that are offered as part of the Platform, without notice. In no event shall we be liable for making these changes. We may also impose limits on the use of or access to certain features or content of the Platform without notice or liability.
    • ‘”Supply Clouds” is trademark of Supply Clouds Development Ltd. Other product and company names mentioned on the Platform may be the trademarks or registered trademarks of their respective owners.
  3. Content
    • We do not claim any ownership rights in any material that you post to the Platform. After posting your content to the Platform, you will continue to retain all ownership rights in such content, and by posting content you hereby grant to us an unrestricted, perpetual, royalty-free licence to copy, distribute and display in any way whatsoever, use for any commercial purposes and disclose to third parties any of your content on and through the Platform, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels.
    • You agree that you will not post content to the Platform that:
      • violates the intellectual property or other rights of any other person;
      • is defamatory, obscene, hateful, inflammatory, offensive or otherwise objectionable;
      • promotes sexually explicit material;
      • promotes violence;
      • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      • promotes any illegal activity;
      • bullies, intimidates, or harasses any other person;
      • constitutes unauthorised commercial communications, such as “spam” or other forms of marketing communications; or
      • is used to impersonate any person, or to misrepresent your identity or affiliation with any person.
    • We reserve the right (but shall have no obligation) to decide whether any content that you post to the Platform violates any of these Terms and Conditions or which may be illegal, offensive or violate the rights of any person, and we may without prior notices and at our sole discretion reject, edit or remove such content. We do not monitor or police any content posted on the Platform, and as such we do not assume any responsibility for monitoring the Platform and any inappropriate content or conduct. The views expressed by other users of the Platform do not represent our views or values.
  4. Liability
    • The Platform is made available to you are provided on a temporary “as is” and “as available” basis without any guarantees, conditions or warranties as to accuracy. We will not be liable to the fullest extent permitted by law if for any reason the Platform is unavailable at any time or for any period.
    • The Platform may contain links to other websites operated and services provided by third parties. If we provide links to any other third party website from the Platform those links do not imply any endorsement of those third party websites or any product or service available on them. We are not responsible for the content or accuracy of the information on such third party websites.
    • You agree that the Platform is provided without warranty and we do not warrant or represent that the Platform will meet your requirements, that its operation will be uninterrupted or error free, or that it is compatible with third party programs or hardware configurations. We do not make any warranty as to the result that may be obtained from the use of the Platform or as to the accuracy or reliability of any information obtained through the Platform, including any material supplied by or contained on any third party website or which is linked from or with the Platform.
    • We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of these Terms and Conditions and our liability in these circumstances is limited as set out below.
    • To the extent permitted by law, in no event shall we, persons who act on our behalf, and/or persons we enter into contracts with be liable for the following types of loss or damage arising in connection with the Platform (whether in contract, tort (including, without limitation, negligence) or otherwise):
      • any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such loss of profits, goodwill, business, contracts, revenue or anticipated savings; or
      • any loss or corruption of data; or
      • any indirect loss or damage whatsoever which does not stem directly from, or which results only as a consequence of, a breach of these Terms and Conditions (that is to say those that happen as a side effect of the main loss or damage and which are not foreseeable by you and us at the time of you accepting these Terms and Conditions).
    • Notwithstanding the above, and subject to clause 7, our total liability (whether in contract, tort, negligence or otherwise) to you for any loss or damage shall be limited to £100.
    • Nothing in these Terms and Conditions:
      • shall exclude or limit our liability in respect of death or personal injury caused by negligence or fraud or fraudulent misrepresentation, or any other liability which cannot by law be limited or excluded; and
      • if you are a Teacher, is intended to limit your rights and remedies as a consumer which may not be limited by law.
    • You agree and understand that your purchase of any goods or services from us is subject to and governed by their own terms and conditions of sale and that these Terms and Conditions do not affect your rights in respect of such sales. We make no warranty with regards to any goods or services you obtain from us and we expressly exclude from these Terms and Conditions, to the fullest extent permitted by law, all express or implied warranties, terms, conditions and representations in relation to the goods and services obtained from us, including those concerning satisfactory quality or fitness for purpose.

9.     Third-Party Content and Services

  • The Platform may contain links to websites and content of third parties (“Third-Party Content”) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.
  • Additionally, if you follow a link or otherwise navigate away from the Platform, please be aware that these Terms and Conditions will no longer apply to your use of such services. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate to from the Platform. Your access and use of Third-Party Content is entirely at your own risk.
  • The Platform may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
  1. Special terms for Schools
    • To use the Platform you must register an account using an e-mail address and we shall provide you with a password.
    • If you are accessing the Platform on behalf of a School you hereby acknowledge that you have authority to enter into these Terms and Conditions on behalf of the School and confirm that the School is bound by the terms of these Terms and Conditions.
    • You (on behalf of the School) acknowledge and accept that:
      • the sole purpose of the Platform is to introduce Teachers and Schools, and Agencies to each other;
      • Supply Clouds and the Platform are not responsible for the Teachers made available through the Platform and accordingly we give no warranty in respect of the quality and reliability of Teachers and accept no liability in respect of the actions and omissions of Teachers; and
      • if you wish to employ a Teacher displayed on the Platform you shall enter into a contract for the employment of such Teachers with the relevant Agency;
      • the Agency is responsible for its Teachers and, specifically, for carrying out the requisite checks on Teachers, including checks (without limitation) on identity, qualifications, references, criminal record, permission to work (i.e. for foreign nationals), list 99, and any similar or analogous checks which may be required by law, regulation, local education authority, the School and the Department for Education.
    • You (on behalf of the School) represent, warrant, and undertake that if the School brings a claim in connection with a Teachers that any such claim shall be brought against the Agency (and/or the relevant Teacher) and no such claim shall be brought against Supply Clouds.
  2. Special terms for Teachers
    • To use the Platform you must register an account (“User Account”) using the registration code provided to you by your Agency and in doing so you agree to be bound by these Terms and Conditions. You are only eligible to register a User Account if, and by registering and creating a User Account you confirm that, you are the person to whom the Agency provided it, and all information that you use to register is accurate, complete and current. It is your responsibility to ensure you update and maintain changes to the information in your User Account. We are entitled to rely on any information you provide to us.
    • On registering with us to use the Platform, your username shall be your e-mail address and we shall provide you with a password (“User ID”) which must be used in order to access the Platform. Your User ID is personal to you and is not transferable, and must be kept confidential.
    • Your User ID is the method used by us to identify you and so is very important. You are responsible for all information posted on the Platform by anyone using your User ID. Any breach of security of your User ID or any unauthorised use of you User Account should be notified to us immediately by emailing us at info@supplyclouds.com.
    • You may not adapt or circumvent the systems in place to control access to the Platform, nor access or use the Platform other than through its normal operation.
    • If you are a Teacher and your personal data is displayed on the Platform you hereby acknowledge and confirm that:
      • you have submitted such personal data to your Agency;
      • the Agency controls such personal data and instructs us to present such personal information on the Platform;
      • you have given your consent to the Agency to provide us with such personal data and for us to display such personal data on the Platform; and
      • if you decide to withdraw your consent for your personal data to be displayed on the Platform you should instruct the Agency of the same.
    • For more information on the way in which the Agency processes your personal data (including via the Platform) please consult directly with the Agency and refer to the Agency’s privacy policy.
    • When you activate the location feature of the Platform, we use available geo-location data from your device using GPS or cellular network data to determine your location as part of the services that we provide to the Agency. This information may reveal your precise or approximate location (“Location Data”).
    • We only store a single (longitude/latitude) position, which is the last one transmitted via the Supply Clouds app. The journey data isn’t stored, only the last transmitted coordinates of a teacher before tracking stopped/app switched off. Supply Clouds do not store any historical tracking data.
    • Our tracking GPS functionality can be switch off at any time within the app dashboard, by clicking on the Location On/Off toggle. You may also withdraw this consent at any time by turning off the location services settings on your device(s). Please refer to http://supplyclouds.com/teacher-app-tutorials/ Video #4 (location settings) for instructions.
    • Please note that for the purposes of the Data Protection Act 1998 the Agency is the data controller in relation to the Location Data and the Agency is responsible for determining how we use your Location Data. If you require information about how your Location Data is processed, please contact supply clouds directly via email: info@supplyclouds.com
  3. Changes to these Terms and Conditions
    • We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. The latest version will always be available within the Platform as a link to the website and you are expected to check for updates to these Terms and Conditions each time you use the Platform. By continuing to use the Platform, you accept and agree to be bound by the terms of the updates and amendments to these Terms and Conditions.
  4. General
    • We may cancel your User Account and terminate the legal agreement established by these Terms and Conditions for any reason and at any time. If we cease generally to provide the Platform, a notice will be displayed within the Platform.
    • No failure or delay by us to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
    • If any of the terms and conditions in these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.
    • Other than where expressed to the contrary in these Terms and Conditions, only you and us shall be entitled to enforce these Terms and Conditions and no third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
    • These Terms and Conditions sets out the entire agreement between you and us with respect to your use of the Platform and supersedes any and all representations, communications and prior agreements (written or oral) made by you or us.
    • These Terms and Conditions are governed by the law of England and Wales. In the event of any matter or dispute arising out of or in connection with these Terms and Conditions, you and we shall submit to the exclusive jurisdiction of the courts of England.