Terms of Service

These Terms of Service (the “Terms of Service”), including the Privacy Policy and other documents referred to in these Terms of Service (the “Agreement”) is a legal agreement between you (hereinafter, “you” or “your”) and Tenn-K Consultants Limited, hereinafter referred to (“Tenn-K Consultants Limited”), respecting your use of the Services as described herein.

BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON WHEN SIGNING UP FOR THE SERVICES, OR BY OTHERWISE USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE AGREEMENT DO NOT ACCESS OR USE THE TENN-K CONSULTANTS LIMITED SOLUTION.

If you have any questions or concerns about the terms of this Agreement, please contact us at info@tennk.com.

  1. Definitions

In these Terms of Service:

  • Access Information” has the meaning set out in Section 6.
  • Agreement” has the meaning set out in the first paragraph of these Terms of Service.
  • Applicable Law” means any domestic or foreign law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time during the term of this Agreement which applies to or is otherwise intended to govern or regulate any person (including any Party), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any Governmental or Regulatory Authority
  • Application” has the meaning set out in Section 2(a)(ii).
  • Tenn-K Consultants Limited Partner” means any educational institution, company, organization, association or individual that has entered into an agreement with Tenn-K Consultants Limited to use or promote the Tenn-K Consultants Limited Solution, or to enable their employees or students to use or promote the Tenn-K Consultants Limited Solution.
  • Tenn-K Consultants Limited Solution” means the Tenn-K Consultants Limited website and the Services, including the Content therein, as modified from time to time.
  • Confidential Information” means information considered confidential or proprietary by Tenn-K Consultants Limited, including the Tenn-K Consultants Limited Solution, its business plan and strategy, any design, prototype, compilation of information, data, program, method, invention, license, technique or process, information relating to any Tenn-K Consultants Limited service, Tenn-K Consultants Limited’s software, website and web platform, client and user information, financial information, marketing information, intellectual property, business opportunities, or research and development.
  • Content” has the meaning set out in Section 2(a)(i).
  • De-identified Data” has the meaning set out in Section 5.
  • Governmental or Regulatory Authority” means any national, provincial, territorial, state, county, municipal, quasi-governmental or self-regulatory department, authority, organization, agency, commission, board, tribunal, dispute settlement panel or body, bureau, official, minister, Crown corporation, or court or other law, rule or regulation-making entity having or purporting to have jurisdiction over Tenn-K Consultants Limited, you or any other person, property, transaction, activity, event or other matter related to this Agreement, including subdivisions of, political subdivisions of and other entities created by, such entities
  • Party” means each of Tenn-K Consultants Limited and you, and “Parties” means Tenn-K Consultants Limited and you collectively.
  • Personal Information” means information about an identifiable individual.
  • Privacy Policy” has the meaning set out in Section 4(e).
  • Program” means a study program, language programs, summer camps, including one of the academic programs or a program specifically designed to transition international students (sometimes referred to as a pathway program), offered by the Tenn-K Consultants Limited Partners.
  • Recruiter” means any individual or entity that you engage to represent you to submit an Application using the Tenn-K Consultants Limited Solution.
  • Services” has the meaning set out in Section 2.
  • Submission” has the meaning set out in Section 11(a).
  • Terms of Service” has the meaning set out in the first paragraph of these terms.
  • Your Data” has the meaning set out in Section 4(a)(i).
  1. Services
    • Tenn-K Consultants Limited’s services described in this Section 2 (collectively referred to as the “Services”) consist of the following:
      • Tenn-K Consultants Limited will provide access to certain information, material or content (including, pricing, features, promotion and information of third parties) contained on or provided through the Tenn-K Consultants Limited website (the “Content”) to provide information to assist you through the process of becoming a student at certain Tenn-K Consultants Limited Partners within Canada and the U.S., including Program information;
      • Tenn-K Consultants Limited will provide you with the ability to input Your Data into the Tenn-K Consultants Limited Solution and will act as an intermediary to pass Your Data to the applicable Tenn-K Consultants Limited Partners in order to enable you to apply to Programs offered by such Tenn-K Consultants Limited Partners (each, an “Application”); and
      • Tenn-K Consultants Limited will facilitate an Application by, on a case-by-case basis, assisting you with communications with the applicable Tenn-K Consultants Limited Partners, passing through Application fees and other payments associated with an Application, and providing guidance and advice associated with an Application.
  1. License to Use the Tenn-K Consultants Limited Solution

Subject to the Terms of Service in the Agreement and any restrictions contained in the Content, Tenn-K Consultants Limited hereby grants you a personal, non-exclusive, revocable, non-transferable license to access the Tenn-K Consultants Limited Solution solely for the purposes of using the Services, view the Content, and submit an Application to Tenn-K Consultants Limited Partners.

  1. Your Data
    • Your Data Must be Complete and Accurate
      • In order to use the Tenn-K Consultants Limited Solution, you must:
        • provide up-to-date complete and accurate Personal Information or other data submitted by you to the Tenn-K Consultants Limited Solution or otherwise provided to Tenn-K Consultants Limited, including name information, contact information, citizenship and legal status, gender, date of birth, home and mailing address, marital status, emergency contact information, financial information, education qualification, employment information, educational information, transcript, English or French test score, passport details, information required for visa application, including financial and medical information (“Your Data”), as requested by Tenn-K Consultants Limited on Tenn-K Consultants Limited’s website, and as required to process your Application;
        • where online payment is required, provide up-to-date, complete and accurate payment information as required by Tenn-K Consultants Limited or Tenn-K Consultants Limited’s third party payment processor, as applicable (which may include a valid PayPal, or credit card information for a credit card that is valid and legally registered to you); and
        • OBTAIN ALL RELEVANT PERMISSIONS FROM ANY AFFECTED THIRD PARTY, SUCH AS YOUR EDUCATIONAL INSTITUTION, FOR TENN-K CONSULTANTS LIMITED TO COLLECT YOUR DATA.
      • Ownership of Your Data

Nothing herein transfers any ownership of Your Data to Tenn-K Consultants Limited in its original form.

  • Quality of Your Data and Feedback
    • Without limiting the foregoing, Tenn-K Consultants Limited does not assess Your Data for quality or otherwise. Tenn-K Consultants Limited, Tenn-K Consultants Limited Partners and other third parties to whom Tenn-K Consultants Limited is permitted to pass Your Data under this Agreement, may rely on the accuracy of Your Data provided by you to the Tenn-K Consultants Limited Solution.
    • Any feedback that you receive respecting Your Data is not as the result of any specific examination of the data by Tenn-K Consultants Limited, or any judgment exercised by Tenn-K Consultants Limited respecting Your Data, but rather is solely based on the compliance requirements of Tenn-K Consultants Limited Partners.
  • Consent to Processing of Your Data

An integral part of the Tenn-K Consultants Limited Solution entails the collection, processing, transmission and disclosure of Your Data by Tenn-K Consultants Limited, Tenn-K Consultants Limited Partners and their service providers, and you hereby specifically consent to:

  • Tenn-K Consultants Limited’s provision of Your Data to any Tenn-K Consultants Limited Partner, visa agencies, English and French test score organizations, professional bodies, service providers to Tenn-K Consultants Limited (including our hosting providers) as part of the provision of the Tenn-K Consultants Limited Solution to you, and Governmental or Regulatory Authorities; and
  • communications from Tenn-K Consultants Limited (including e-mail communications, both marketing and informational) respecting the Tenn-K Consultants Limited Solution, and Tenn-K Consultants Limited’s products and services.
  • Privacy Policy

Your Personal Information will be handled in accordance with Tenn-K Consultants Limited’s Privacy Policy accessible via the following link: https://www.tennk.com/members/privacy.html (the “Privacy Policy”). Notwithstanding the foregoing, Tenn-K Consultants Limited reserves the right at all times to disclose any Personal Information as it deems necessary to satisfy any Applicable Law, legal process or requirements of a Governmental or Regulatory authority.

  • Storage of Your Data in Other Jurisdictions

You acknowledge that, due to the nature of the Tenn-K Consultants Limited Solution, Your Data uploaded to the Tenn-K Consultants Limited Solution may be hosted on servers residing in jurisdictions other than Jamaica, over which Tenn-K Consultants Limited has no direct control. By using the Tenn-K Consultants Limited Solution, Your Data may become, during the period that Your Data is hosted on such servers, subject to the Applicable Laws of the jurisdiction in which such servers reside or to the terms of agreements respecting the hosting of data on such servers.

  1. De-Identified Data

Tenn-K Consultants Limited may also use itself or provide to third parties, Your Data, and any data regarding your use of the Tenn-K Consultants Limited Solution, in aggregated form, in a manner that does not identify you (“De-Identified Data”), subject to Tenn-K Consultants Limited’s Privacy Policy, for Tenn-K Consultants Limited’s business uses, including for the purposes of enhancing and fixing the Tenn-K Consultants Limited Solution, performing analytics, marketing the Tenn-K Consultants Limited Solution to third parties, and selling such De-Identified Data for profit. Tenn-K Consultants Limited will own any and all intellectual property rights in the output of Tenn-K Consultants Limited’s use of any such De-identified Data.

  1. Your Access Information

Tenn-K Consultants Limited will provide you with certain information to allow you to use the Tenn-K Consultants Limited Solution, such as one or more user IDs and passwords and/or the ability to create user IDs and/or passwords (the “Access Information”). The Access Information is provided on the understanding that it is personal to you; you will not permit anyone other than you or your authorized representatives to obtain access to the Tenn-K Consultants Limited Website using the Access Information.

  1. Your Representations and Warranties

You covenant, represent and warrant that:

  • you have reached the age of majority in your jurisdiction of residence and have the legal authority to create a binding legal obligation;
  • you will not permit anyone other than yourself or your authorized designate to obtain access to the Tenn-K Consultants Limited Solution through your Tenn-K Consultants Limited account or otherwise using your Access Information;
  • you will only use the Tenn-K Consultants Limited Solution in accordance with this Agreement and Applicable Law;
  • you will comply with all applicable intellectual property laws in your use of the Tenn-K Consultants Limited Solution and not infringe, violate or misappropriate the intellectual property rights of any third party;
  • you will comply with any Tenn-K Consultants Limited Partner policies and procedures applicable to your Application;
  • Your Data is true, accurate, current and complete, and if it becomes inaccurate, that you will promptly notify Tenn-K Consultants Limited or update Your Data on the Tenn-K Consultants Limited Solution;
  • to the extent that you engaged a Recruiter to provide Your Data on your behalf for the purposes of using the Tenn-K Consultants Limited Solution: (A) that the Recruiter has a legitimate educational interest in access to your educational records and information (the “Educational Records”); and (B) in the U.S. the Recruiter may have access to such Educational Records subject to and in accordance with 34 F.R. 99.31(a)(1)(B);
  • you will not solicit any immigration or visa related advice, at any stage of a visa application or proceeding (including prior to a visa application being made), from a Recruiter unless you have confirmed that the Recruiter complies with Applicable Law in the country to which you are applying and, if required, confirming that the Recruiter has a registration pursuant to such Applicable Law;
  • you will not pay a related fee or other consideration to any unauthorized Recruiters for any immigration or visa related advice unless they have confirmed to you that they are qualified under Applicable Law;
  • you will be solely responsible for all activities with respect to the Tenn-K Consultants Limited Solution undertaken by you or your designates;
  • you will not use the Tenn-K Consultants Limited Solution to provide commercial services to, or for the benefit of, any third party;
  • you have the right and the authority to enter into this Agreement, to grant the rights and licences referred to in this Agreement, to use the Tenn-K Consultants Limited Solution, and to post or upload any content to Tenn-K Consultants Limited’s website or otherwise provide such content and Your Data to Tenn-K Consultants Limited;
  • you have all legal rights necessary to use the Tenn-K Consultants Limited Solution, both in the jurisdiction in which you are located and in the jurisdiction where the Tenn-K Consultants Limited Partner you are applying to is located, including the right to access the Content, and the right to make the Application and provide Your Data;
  • you are not located in a country that is subject to a Canadian or U.S. Government embargo or sanctions that would prevent you from becoming a student;
  • you are not listed on any Canadian or U.S. Governmental or Regulatory Authority lists of prohibited or restricted parties;
  • you agree to obtain all authorizations necessary from all third parties for your use of any third-party data in conjunction with the Tenn-K Consultants Limited Solution;
  • you will ensure that your use of the Tenn-K Consultants Limited Solution does not interfere with, degrade, or adversely affect any software, system, network or data used by any person including Tenn-K Consultants Limited and other users of the Tenn-K Consultants Limited Solution (including by ensuring that you do not upload any viruses or other harmful code in using the Tenn-K Consultants Limited Solution or by placing an undue burden upon the CPUs, servers or other resources used to provide the Tenn-K Consultants Limited Solution);
  • you will not in any way use the Tenn-K Consultants Limited Solution to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts, including any infringement of intellectual property rights, any fraudulent activities, any deceptive impersonation, or any activities that violate any third party’s privacy rights;
  • you will not interfere with or in any manner compromise any of Tenn-K Consultants Limited’s security measures;
  • you will not alter, modify, delete, or otherwise interfere with or in any manner compromise any Content or features accessible through the Tenn-K Consultants Limited Solution, including, the forms, Content delivery and display functionality of the Tenn-K Consultants Limited website;
  • you will cooperate with Tenn-K Consultants Limited and provide information requested by Tenn-K Consultants Limited to assist Tenn-K Consultants Limited and any Governmental or Regulatory Authorities in investigating or determining whether there has been a breach of this Agreement or Applicable Law; and
  • you will comply with the Terms of Service of any agreements entered into between you and any third party (including the Tenn-K Consultants Limited Partners, the service providers for any Internet services you use in conjunction with the Tenn-K Consultants Limited Solution, and the hardware providers for any mobile device or other computing equipment through which you use the Tenn-K Consultants Limited Solution), and to the extent that such agreements impose additional restrictions respecting your use of the Tenn-K Consultants Limited Solution (whether by reason of usage limitations or otherwise), you will use the Tenn-K Consultants Limited Solution in compliance with such restrictions.
  1. Restrictions and Limitations on Your use of the Tenn-K Consultants Limited Solution
    • Access to Programs

You acknowledge that only certain Tenn-K Consultants Limited Partners have agreements with Tenn-K Consultants Limited to enable you to make an Application to such Tenn-K Consultants Limited Partners through the Tenn-K Consultants Limited Solution, and that not all educational study programs of such Tenn-K Consultants Limited Partners may be offered as being Programs available to you using the Tenn-K Consultants Limited Solution.

  • Usage Policies

The Tenn-K Consultants Limited Solution will be subject to the usage policies as provided to you by Tenn-K Consultants Limited from time to time, including in electronic form by posting on Tenn-K Consultants Limited’s website. Such policies may include limitations on data storage space, and equipment and/or software requirements. You are solely responsible for compliance with such policies.

  • Equipment

You are solely responsible for the selection, implementation, installation, maintenance and performance of any and all equipment, software and services used in conjunction with using the Tenn-K Consultants Limited Solution (except for Tenn-K Consultants Limited’s computer systems and networks), including your choice and use of your Internet Service Provider.

  • Data Integrity and Back-up

You acknowledge and agree that Tenn-K Consultants Limited cannot guarantee data integrity, and that it is solely your responsibility to back-up any of Your Data that you use in conjunction with the Tenn-K Consultants Limited Solution.

  • Not for Time Sensitive Applications

The Tenn-K Consultants Limited Solution is not developed or licensed for use in any inherently dangerous, time-sensitive, or mission critical manner.

  • Restrictions on Tenn-K Consultants Limited Website Use

You will not:

  • copy, reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile or convert into human readable form the Tenn-K Consultants Limited Solution, or any part thereof;
  • distribute, assign, license, sublicense, lease, rent, transfer, sell or otherwise provide access to the Tenn-K Consultants Limited Solution, in whole or in part, to any third party on a temporary or permanent basis;
  • remove, deface, cover or otherwise obscure any proprietary rights notice or identification on the Content (including without limitation any copyright notice);
  • use the Solution in any way inconsistent with the use parameters for the Tenn-K Consultants Limited Solution;
  • attempt to hack the Tenn-K Consultants Limited Solution or any communication initiated by or made through the Tenn-K Consultants Limited Solution or to defeat or overcome any encryption or other technical protection methods implemented with respect to the Tenn-K Consultants Limited Solution, data or Content or programming transmitted, processed or stored by Tenn-K Consultants Limited or other users of the Tenn-K Consultants Limited Solution;
  • collect any information or communication about the users of the Tenn-K Consultants Limited Solution, by monitoring, interdicting or intercepting any process of or communication initiated by the Tenn-K Consultants Limited website or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
  • use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access to the Tenn-K Consultants Limited Solution or any computer system or that are designed to monitor, distort, delete, damage or disassemble the Tenn-K Consultants Limited Solution or its ability to communicate and perform the Services; or
  • authorize, permit or otherwise acquiesce in any other party engaging in any of the activities set forth in this Section 8, or attempting to do so.
  1. Changes to Terms of Service; Changes to Tenn-K Consultants Limited Solution; Right to Edit and Remove Your Data; Suspension or Termination
    • Changes to Terms of Service

Tenn-K Consultants Limited reserves the right to change these Terms of Service at any time without notice. Your continued access to or use of the Tenn-K Consultants Limited Solution after any changes to these Terms of Service indicates your acceptance of such changes. It is your responsibility to review these Terms of Service regularly.

  • Changes to the Tenn-K Consultants Limited Solution

Tenn-K Consultants Limited reserves the right to change, suspend or discontinue the Tenn-K Consultants Limited Solution at any time, including the availability of any Content at any time, and from time to time, without notice offered by Tenn-K Consultants Limited.

  • Right to Edit and Remove Your Data

Notwithstanding anything to the contrary herein, Tenn-K Consultants Limited reserves the right to review Your Data stored in files or programs on Tenn-K Consultants Limited’s servers to verify your compliance with this Agreement. Tenn-K Consultants Limited has the right to edit or remove any of Your Data that, in Tenn-K Consultants Limited’s sole discretion, Tenn-K Consultants Limited believes may be unlawful, obscene, abusive, or otherwise objectionable.

  • Suspension or Termination
    • Tenn-K Consultants Limited may impose limits on the Tenn-K Consultants Limited Solution or terminate or restrict your access to parts or all of the Tenn-K Consultants Limited Solution without liability. Where feasible, Tenn-K Consultants Limited will provide you with advance notice of such changes, limitations or discontinuance; however, you acknowledge that such notice may not be feasible in all circumstances, and that Tenn-K Consultants Limited will have no liability whatsoever for its failure to provide such notice to you.
    • Tenn-K Consultants Limited reserves the right to revoke your access to the Tenn-K Consultants Limited Solution for any abusive conduct or fraudulent use of the Tenn-K Consultants Limited Solution and to cease the Tenn-K Consultants Limited Solution temporarily or permanently, if your use of the Tenn-K Consultants Limited Solution constitutes, in Tenn-K Consultants Limited’s sole discretion, a threat to Tenn-K Consultants Limited or any third party’s computer systems, networks, files, materials or other data, or a breach of this Agreement.
    • Without limiting other remedies, Tenn-K Consultants Limited may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide Tenn-K Consultants Limited Solution to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) Tenn-K Consultants Limited is unable to verify or authenticate any information you provides; or (c) Tenn-K Consultants Limited believes that your actions may cause financial loss or legal liability for you, Tenn-K Consultants Limited Partners, other users or Tenn-K Consultants Limited. The above-described actions are not Tenn-K Consultants Limited’s exclusive remedies and Tenn-K Consultants Limited may take any other legal, equitable or technical action it deems appropriate in the circumstances. Tenn-K Consultants Limited will not have any liability to you or any third party in relation to the termination of this Agreement for any reason whatsoever.
  • Investigations
    • Tenn-K Consultants Limited reserves the right to investigate suspected violations of this Agreement.
    • You will cooperate with: (A) Governmental or Regulatory Authorities in the investigation of suspected criminal violations; (B) Tenn-K Consultants Limited Partners investigating academic fraud or other misdemeanors, relating to your Application or otherwise; and (C) system administrators at Internet service providers, networks or computing facilities, and other content providers, in order to enable Tenn-K Consultants Limited to enforce the Terms of Service of this Agreement.
  1. Your Obligation to Report Errors

You will promptly and accurately report to Tenn-K Consultants Limited any actual or apparent errors, problems, nonconformities or other difficulties with the Tenn-K Consultants Limited Solution, along with any other information reasonably requested by Tenn-K Consultants Limited to aid in resolving such errors, problems, nonconformities or other difficulties, and hereby consent to the collection, processing, transmission and disclosure of such information by Tenn-K Consultants Limited for the purposes of Tenn-K Consultants Limited’s internal use to improve the Tenn-K Consultants Limited Solution or other Tenn-K Consultants Limited products or services.

  1. Submissions
    • Any suggestions, bug reports or other communications respecting the functionality of the Tenn-K Consultants Limited Solution or Tenn-K Consultants Limited’s website that you transmit to Tenn-K Consultants Limited by any means (each, a “Submission”), are considered non-confidential and may be disseminated or used by Tenn-K Consultants Limited or any third party without compensation or liability to you for any purpose whatsoever, whether for inclusion as part of the Tenn-K Consultants Limited Solution or otherwise.
    • You hereby grant Tenn-K Consultants Limited, its affiliates and successors a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, modify, develop, prepare derivative works of any Submission on, through or in connection with the Service, including for promoting, improving and developing the Tenn-K Consultants Limited Solution. This provision does not apply to Personal Information that is subject to Tenn-K Consultants Limited’s Privacy Policy.
  2. Fees, Payment and Taxes
    • Fees
      • You will pay all applicable fees in connection with the Tenn-K Consultants Limited Solution, as set forth in Tenn-K Consultants Limited’s standard price list, as set forth on Tenn-K Consultants Limited’s website or as otherwise provided to you. Fees are quoted and payable in Jamaican, Canadian and United States.
      • Tenn-K Consultants Limited will require you to pay an Application processing fee. The details regarding the Application processing fee may be viewed on the Tenn-K Consultants Limited website, and may be changed by Tenn-K Consultants Limited from time to time. Application. Processing fees and all other Tenn-K Consultants Limited service fees are non-refundable.
      • Certain fees charged by Tenn-K Consultants Limited under this Agreement are set by Tenn-K Consultants Limited Partners or other third parties, and Tenn-K Consultants Limited has no control over the fee amount, but simply remits such fee directly to the applicable Tenn-K Consultants Limited Partner or third party, and that payment obligations are therefore non-cancellable and fees paid are non-refundable.
      • Tenn-K Consultants Limited reserves the right to modify such fees, upon reasonable notice, which may be performed by updating Tenn-K Consultants Limited’s standard price list, as set forth on Tenn-K Consultants Limited’s website.
      • Your use of the Tenn-K Consultants Limited Solution following such changes constitutes your acceptance of any new or increased charges.
    • Fee Payment
      • Where you pay fees by means of a credit card, you authorize Tenn-K Consultants Limited or its third-party payment processor to automatically charge you for any and all fees incurred by you for Tenn-K Consultants Limited Solution. If your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection.
      • The foregoing will not limit Tenn-K Consultants Limited’s ability to exercise any rights available to it in law or equity respecting the collection of any amounts payable hereunder, and you will also be responsible for paying for all reasonable fees and costs incurred by Tenn-K Consultants Limited, including legal fees, in collecting any overdue amounts or enforcing any provision of this Agreement.
      • Without limiting the foregoing, Tenn-K Consultants Limited reserves the right not to process any Application or portion thereof prior to obtaining full payment of fees from you.
  • Taxes
    • You are responsible for, and will pay all taxes relating to this Agreement, excluding any taxes based on the net income of Tenn-K Consultants Limited. Unless otherwise indicated, all amounts payable by you under this Agreement are exclusive of any tax, duty, levy, or similar government charge that may be assessed by any jurisdiction, whether based on gross revenue, the delivery, possession or use of the Tenn-K Consultants Limited Solution, the execution of this Agreement or otherwise.
    • If you are required to withhold any taxes from payments owed under this Agreement, the amount of payment due will automatically be increased to offset such tax, so that the amount actually remitted to Tenn-K Consultants Limited will equal the amount due.
    • You will promptly furnish Tenn-K Consultants Limited with copies of all official receipts evidencing payment of taxes due under or in relation to this Agreement to the appropriate taxing authority.
  1. Confidential Information
    • You must keep the terms of this Agreement and all information provided by Tenn-K Consultants Limited confidential, except to the extent required to perform the Recruitment Services.
    • You acknowledge that, during the course of the term of this Agreement, you may be exposed to Confidential Information.
    • At all times during the Term and at all times following termination of this Agreement, whether voluntary or involuntary:
      • you will maintain all Confidential Information in strict confidence, will take all necessary precautions against unauthorized disclosure of the Confidential Information, and will not directly or indirectly, disclose, allow access to, transmit or transfer any Confidential Information to a third party without the knowledge and express written consent of Tenn-K Consultants Limited;
      • you will not use, disclose or reproduce the Confidential Information except as reasonably required in the receipt of the Services and with the knowledge and express written consent of Tenn-K Consultants Limited; and
      • you will advise Tenn-K Consultants Limited immediately in writing of any misappropriation, disclosure, conversion or misuse by any person of any Confidential Information of which you may become aware.
    • Subject to Tenn-K Consultants Limited’s ability to disclose Your Data as permitted under this Agreement, Tenn-K Consultants Limited will use reasonable commercial endeavors to safeguard Your Data and keep it confidential, while Your Data is in Tenn-K Consultants Limited’s control, including implementing organizational and technical measures to protect your Personal Information. Tenn-K Consultants Limited may also retain and disclose Your Data to: (i) Governmental or Regulatory Authorities to the extent required by Applicable Law: (ii) its professional advisors to the extent required to: (A) enable Tenn-K Consultants Limited to fulfil its obligations pursuant to Applicable Law; or (B) defend or bring a claim relating to a breach of this Agreement.
    • The non­disclosure obligations under this Agreement will not apply to information which a Party can establish:
      • is, or becomes, readily available to the public other than through a breach of this Agreement;
      • was disclosed, lawfully and without breach of any contractual or other legal obligation, to a Party by a third party without any confidentiality obligation attached to such information;
      • was lawfully known to a Party without any confidentiality obligation prior to receipt of the information; or
      • was independently developed or discovered by a Party outside of the course of such Party’s performance of their obligations under this Agreement, without any reference to any Confidential Information obtained directly or indirectly from the disclosing Party.
    • You will immediately return to Tenn-K Consultants Limited all Confidential Information which is in your possession or control upon the earlier of a request by Tenn-K Consultants Limited or the termination of this Agreement (whether voluntary or involuntary).
    • Damages may not be an adequate remedy to compensate Tenn-K Consultants Limited for any breach of your obligations contained herein, and accordingly you agree that in addition to any and all other remedies available, Tenn-K Consultants Limited will be entitled to obtain relief by way of a temporary or permanent injunction to enforce your obligations.
  2. Intellectual Property

The Tenn-K Consultants Limited Solution is owned by Tenn-K Consultants Limited or its third-party licensors, who retain all right, title and interest therein. The Tenn-K Consultants Limited Solution is protected by Jamaican copyright laws. 

  1. Term and Termination
    • This Agreement will commence upon your acceptance of these Terms of Service on the Tenn-K Consultants Limited website.
    • This Agreement may be terminated by either Party for any reason, without cause, upon 30 days’ written notice addressed to the other Party.
    • This Agreement may be terminated by Tenn-K Consultants Limited immediately upon notice for cause if:
      • you commit a material breach of this Agreement and fail to rectify the breach within 30 calendar days of Tenn-K Consultants Limited delivering notice of the breach; or
      • you commit a breach of any of your representations in this Agreement; or
      • if Tenn-K Consultants Limited is prevented from providing any portion or all of the Tenn-K Consultants Limited Solution due to: (A) your acts or omissions in breach of this Agreement; (B) acts or omissions of any third party (including any Tenn-K Consultants Limited Partner); or (C) any Applicable Law or ruling issued in any form whatsoever by a Governmental or Regulatory Authority.
  1. Effect of Termination or Expiry
    • Upon any termination or expiry of this Agreement for any reason (whether by you or by Tenn-K Consultants Limited), you must cease all use of the Tenn-K Consultants Limited Solution.
    • Termination or expiry of this Agreement, for any reason, will not affect your payment obligation for any fees accrued hereunder or payments owing prior to the effective date of termination or expiry.
    • The termination of this Agreement by either Party does not affect any accrued rights or remedies of either Party.
    • Any provision of this Agreement which expressly states that it is to continue in effect after termination or expiration of this Agreement, or which by its nature would survive the termination or expiration of this Agreement, including this Section 16, will do so.
  2. Disclaimers
    • DISCLAIMER OF IMPLIED WARRANTIES

THE TENN-K CONSULTANTS LIMITED SOLUTION, INCLUDING FOR GREATER CERTAINTY, THE CONTENT, AND REFERENCES, LINKS AND INFORMATION IN THE CONTENT, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

  • YOUR RELIANCE ON CONTENT
    • TENN-K CONSULTANTS LIMITED HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU, AND YOU ACKNOWLEDGE THAT TENN-K CONSULTANTS LIMITED HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING ANY ACTS OR OMISSIONS TAKEN BY YOU OR ANY OTHER USER OF THE TENN-K CONSULTANTS LIMITED SOLUTION, INCLUDING HOW YOU OR ANY OTHER USER MAY INTERPRET OR USE CONTENT ACCESSED OR DEVELOPED THROUGH THE TENN-K CONSULTANTS LIMITED SOLUTION, OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO CONTENT OBTAINED THROUGH THE TENN-K CONSULTANTS LIMITED SOLUTION.
    • THE CONTENT ON THE TENN-K CONSULTANTS LIMITED SOLUTION INCLUDES REFERENCES TO THIRD PARTIES, INCLUDING THE TENN-K CONSULTANTS LIMITED PARTNERS, LINKS TO THIRD PARTY WEBSITES OR DOCUMENTS, AND INCORPORATES INFORMATION OBTAINED FROM THIRD PARTIES, INCLUDING TENN-K CONSULTANTS LIMITED PARTNERS. CONTENT MAY ALSO BE CREATED BY TENN-K CONSULTANTS LIMITED BASED ON SUCH THIRD PARTY INFORMATION, WHICH MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE TO TENN-K CONSULTANTS LIMITED.
    • TENN-K CONSULTANTS LIMITED ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, INACCURACIES, EFFECTIVENESS, STANDARDS COMPLIANCE, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, OR ANY OTHER ASPECT OF THE CONTENT PROVIDED THROUGH THE TENN-K CONSULTANTS LIMITED SOLUTION.
    • UNDER NO CIRCUMSTANCES WILL TENN-K CONSULTANTS LIMITED BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH USE OF THE TENN-K CONSULTANTS LIMITED SOLUTION, INCLUDING ANY THIRD PARTY LINKED SITE (INCLUDING ANY OPINIONS, STATEMENTS OR ADVICE).
    • IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY CONTENT PROVIDED, AND USE OF THE TENN-K CONSULTANTS LIMITED SOLUTION IS SOLELY AT YOUR OWN RISK.
    • TENN-K CONSULTANTS LIMITED WILL HAVE NO LIABILITY WHATSOEVER RESPECTING ANY CLAIM BY YOU OR ANY THIRD PARTY WHOSE CONTENT IS COLLECTED IN YOUR USE OF THE TENN-K CONSULTANTS LIMITED SOLUTION, WHETHER RELATED TO PRIVACY OR OTHERWISE, IN RELATION TO TENN-K CONSULTANTS LIMITED’S USE OF YOUR DATA TO PROVIDE THE TENN-K CONSULTANTS LIMITED SOLUTION.
  • Control of Third Parties

Tenn-K Consultants Limited has no control over Tenn-K Consultants Limited Partners or any other entity granting visas, admissions, permits or other authorizations in connection with the Application; you acknowledge that the success of your Application is solely within the control of such third parties, not Tenn-K Consultants Limited, and therefore release Tenn-K Consultants Limited from all liability in relation to your Application.

  • Rejection of Applications

Tenn-K Consultants Limited is not responsible in any way for your Application, mistakes in Your Data, or your failure to obtain entrance or approval to your selected Program(s) or Tenn-K Consultants Limited Partner(s) or Consulate.

  • Issues with Tenn-K Consultants Limited Partners

All issues respecting Applications, Programs, and your failure to comply with Tenn-K Consultants Limited Partner policies, are solely as between you and the applicable Tenn-K Consultants Limited Partner, and Tenn-K Consultants Limited bears no responsibility or liability in relation to such matters.

  • Inability to Access Country

You are solely responsible for fulfilling any entry requirements necessary to gain admission into the country where your Program is located in compliance with Applicable Law and any requirements of Governmental or Regulatory Authorities.

  • Service Providers

Although Tenn-K Consultants Limited has made reasonable efforts to verify that its agreements with its service providers are reasonably protective of Your Data, you acknowledge that Tenn-K Consultants Limited has no liability for any acts or omissions of third parties in relation to such servers and the data stored on them. You therefore hereby release Tenn-K Consultants Limited from all liability for any governmental or third party action taken in such jurisdictions with respect to such information and data or the servers on which Your Data resides, and you acknowledge that you retain sole responsibility to back up and retain copies of such information and data.

  • Unauthorized use of Access Information

Tenn-K Consultants Limited is not responsible or liable in any way for any use of the Tenn-K Consultants Limited Solution (authorized or unauthorized) by any third party accessing the Tenn-K Consultants Limited Solution using your Access Information, and you accept all responsibility for such use of the Tenn-K Consultants Limited Solution and any consequences resulting from such use of the Tenn-K Consultants Limited Solution.

  • Use for Time Sensitive Applications

You agree that Tenn-K Consultants Limited will not be liable for any claims or damages arising from such use if you use the Tenn-K Consultants Limited Solution for a time sensitive use.

  • Availability of the Tenn-K Consultants Limited Solution

TENN-K CONSULTANTS LIMITED WILL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE TIMELINESS OR CONTINUED AVAILABILITY OF THE TENN-K CONSULTANTS LIMITED SOLUTION.

  • Applicable Law

Some jurisdictions do not allow the exclusion of certain warranties or liability, so the above limitations or exclusions may not apply to you.

  • Viruses

The downloading and viewing of Content is done at your own risk. Tenn-K Consultants Limited cannot and does not guarantee or warrant that the Tenn-K Consultants Limited Solution or the Content are compatible with your computer system or that the Tenn-K Consultants Limited Solution, or any links from the Tenn-K Consultants Limited Solution or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and your are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Tenn-K Consultants Limited Solution.

  • Communications Not Confidential or Secure

Tenn-K Consultants Limited does not guarantee the confidentiality of any communications made by your through the Tenn-K Consultants Limited Solution, over the internet or over the telephone. Although Tenn-K Consultants Limited generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Tenn-K Consultants Limited Solution, you understand, agree and acknowledge that Tenn-K Consultants Limited cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Tenn-K Consultants Limited Solution.

  1. Your Indemnities

You will indemnify, defend and hold harmless Tenn-K Consultants Limited, and all of its officers, directors, employees and agents, its parent company, subsidiaries and affiliates, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable legal and accounting fees, directly or indirectly due to, arising out of or in connection with:

  • your access to the Tenn-K Consultants Limited Solution, and any reliance on any Content obtained by you through the Tenn-K Consultants Limited Solution; or
  • your unauthorized use or misuse of the Tenn-K Consultants Limited Solution; or
  • your breach of this Agreement; or
  • the infringement, violation or misappropriation by you, or any third-party obtaining access to the Tenn-K Consultants Limited Solution through your Access Information, of any intellectual property or other right of any third person or entity; or
  • your violation of any Applicable Laws.
  1. Limitation of Liability
    • To the maximum extent permitted under Applicable Law, in no event will Tenn-K Consultants Limited be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities, whether or not Tenn-K Consultants Limited is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the Tenn-K Consultants Limited Solution.
    • Nothing in this Agreement limits Tenn-K Consultants Limited’s liability for fraud, personal injury or death to the extent found to be caused by Tenn-K Consultants Limited’s negligence or wilful misconduct.
    • The limitations in this Section reflect the allocation of risk between the Parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
    • SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
  2. General
    •  

Except as otherwise provided herein, the Parties rights and remedies under this Agreement are cumulative. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of this Agreement are for reference purposes only and have no substantive effect. Any rule of construction to the effect that any ambiguity in this Agreement will be resolved against the drafting party will not be applied to the interpretation of this Agreement.

  • Force Majeure

Neither Party will be liable for delays caused by any event beyond its reasonable control, except non-payment of amounts due under this Agreement will not be excused by this provision.

  • Contracting Status

Nothing contained in this Agreement will be construed to create or imply a joint venture, partnership, principal-agent, or employment relationship between the Parties. Except as expressly authorized by Tenn-K Consultants Limited in writing, you will neither act nor purport to be acting as the legal agent of Tenn-K Consultants Limited, nor enter into any agreement on behalf of Tenn-K Consultants Limited or otherwise bind or purport to bind Tenn-K Consultants Limited in any manner whatsoever.

  • Notices

Any notices, reports or other communications required or permitted to be given under this Agreement will be in writing, including email, and will be sufficient if delivered by hand or sent by registered mail, courier or facsimile addressed to you or Tenn-K Consultants Limited at the respective addresses as advised in writing. Any such notices, reports, or other communications will be deemed to have been received by the Party to whom they were addressed: (i) upon delivery by hand, (ii) five business days after being sent by registered mail, (iii) upon delivery by courier, as evidenced by the courier receipt, (iv) upon successful receipt confirmation report after being sent by facsimile; or (v) if sent by email, upon receipt by the sender of a delivery receipt confirmation.

  • No Waiver

No waiver by either Party of a breach or omission by the other party under this Agreement will be binding on the waiving Party unless it is expressly made in writing and signed by the waiving Party. Any waiver by a Party of a particular breach or omission by the other Party will not affect or impair the rights of the waiving party in respect of any subsequent breach or omission of the same or different kind.

  • Severability

If any one or more of the provisions of this Agreement will for any reason be held to be invalid, illegal, or unenforceable in any respect, any such provision will be severable from this Agreement, in which event this Agreement will be construed as if such provision had never been contained herein.

  • Governing Law
    • This Agreement will be governed by and construed under the laws of the  Country of Jamaica. The Parties hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement. In construing, interpreting and enforcing this Agreement, choice of law principles will not apply. The Tenn-K Consultants Limited Solution are intended for use only in jurisdictions where they may be lawfully offered for use.
    • Except as restricted by Applicable Law, Recruiter hereby consents to the exclusive jurisdiction and venue of courts in the country of Jamaica in all disputes arising out of or relating to the use of the Tenn-K Consultants Limited Solution.
  • Entire Agreement/Modification

This Agreement constitutes the entire agreement between the Parties and supersedes all previous agreements and understandings relating to the subject matter hereof. This Agreement may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of both Parties.

  • Electronic Agreement

You acknowledge and agree that by clicking on the “I AGREE” button (or similar buttons or links as may be designated by Tenn-K Consultants Limited to show your acceptance of this Agreement and/or your agreement to use the Tenn-K Consultants Limited Solution), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Tenn-K Consultants Limited Solution, including the Application. Furthermore, you hereby waive any rights or requirements under any Applicable Laws in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under Applicable Law. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  • English language

It is the express will of the Parties that this Agreement and all related documents have been drawn up in English.  Contact

Any questions regarding this Agreement, or any questions, complaints, claims or other legal concerns relating to Tenn-K Consultants Limited or its business, should be directed to Tenn-K Consultants Limited at:

info@tennk.com 

or

Tenn-K Consultants Limited Inc

26 Hargreaves Road

James Complex

Suite #19

Mandeville, Manchester

Jamaica

 

P: +1 876 632 8916-7