Terms and conditions

Terms and conditions for users of the UCAS Media website

1. Use of website

1.1 By viewing the UCAS Media website (the ‘Website’) the user (‘you‘) is deemed to consent to all terms and conditions set out below. If you have any questions regarding the terms and conditions, you should contact the Company Secretary at UCAS Media Limited.

1.2 Our website is operated by UCAS Media Limited and its parent, the Universities and Colleges Admissions Service, which are referred to as ‘we’, ‘us’, ‘our’ or ‘UCAS’ in these Terms, as the context permits.  ‘UCAS’ is a registered trademark of the Universities and Colleges Admissions Service;

1.3 Details about us are set out on our company registration page. If you have any questions regarding the Terms, you should contact the Company Secretary at the address set out on the company registration page.

1.4 UCAS reserves the right at all times to vary, change, alter, amend, add to or remove any of these terms and conditions. By browsing the Website you accept that you are bound by the current terms and conditions and notices. Please ensure that you review these terms and conditions regularly as your acceptance of any variations is deemed if you continue to use the Website after the variation has been posted.

1.5 These terms and conditions were reviewed and published on 15 April 2015.

2. Copyright

2.1 Copyright and other intellectual property rights in any content on the Website is owned by us or has been licensed to us by the owner. You must not exert any rights over any content or material on this website which includes making any copy, displaying, republishing or in any way sharing any part of it without the prior written permission of the owner.

2.2 You may make use any part of the content for personal non-commercial purposes only. You may not download or relocate content or copies of content on to any server or other device connected to a network without prior written permission from us. Making use of the content or materials on the Website for any commercial purpose is prohibited.

2.3 Links to the Website are not permitted other than to the Home Page for personal use except with prior written permission. Links to the Website from within a frameset definition are not permitted except with prior written permission.

2.4 You must reproduce any copyright, trademark or intellectual property notices contained in, or referring to any original content you download or copy from the Website.

2.5 You may not create a database by systematically downloading substantial parts of the Website.

3. Disclaimer

3.1 The content of the Website is for general information only and does not constitute any form of advice or recommendation upon which a specific decision should be made. We have done our best to ensure the accuracy and currency of the content but to the fullest extent permitted by law this excludes making any warranty, whether express or implied, by statute at common law or otherwise, relating to the Website and the content in particular (but without limitation of the above). We give no warranties as to quality, accuracy, timeliness, completeness or fitness for a particular purpose of the Website or the content.

3.2 To the fullest extent permitted by law we will not be liable for any claims, costs, penalties, loss (whether direct, indirect or consequential and whether economic or special loss), damages or expenses arising from the use or from the inability to use the Website or from reliance on information or on advice contained on the Website or from any unauthorised access or alteration to the Website by a third party.

3.3 Nothing in these terms and conditions can exclude liability for death or personal injury directly caused by our negligence nor any other liability which cannot be excluded or limited under applicable law.

3.4 We will try to maintain the availability of the Website but cannot guarantee that it will operate continuously or without interruptions or be error free and accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Website and in particular you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device. You are also advised to use the appropriate antivirus software before and during access to the Website.

3.5 Whilst the Website may from time to time contain advertising and user generated content (‘UGC’), we do not endorse or accept any liability for any of the products or services advertised, or for any error or inaccuracy in the advertisements or UGC. Advertisers, sponsors and users uploading their own content are responsible for ensuring that content submitted for inclusion on the Website or uploaded complies with all relevant laws. For further details please read our Upload Terms and Conditions.

3.6 The Website includes links to external websites. These links are provided to help you find additional information quickly and easily. We accept no responsibility for the content of these websites and we specifically exclude (to the fullest extent permitted by law) all liability that may arise with respect to or as a result of such content causing damage, costs, injury or financial loss of any kind.

4. Personal Information

4.1 ‘Personal Information’ where provided is information about you, which you provide to us from the input areas within the Website. Our privacy policy is as set out in the privacy statement on the Website. The information we collect from time-to-time may include your name, address details and telephone number(s).

5. Viruses, hacking and other offences

5.1 You must not knowingly introduce viruses, trojans, worms, logic bombs, other forms of malware or other material which is malicious or technologically harmful to the Website. You must not in any way attempt to interrupt, corrupt or otherwise tamper with the regular operation and availability of the Website and/or its users.

5.2 Any breach of 5.1 may amount to a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and assist those authorities in apprehending and prosecuting you and anyone engaged with you in such activities. In the event of such a breach, your right to use our website will cease immediately.

5.3 We will not be liable for any loss or damage caused by material or acts described or anticipated at 5.1 which may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

6. General

6.1 These terms are not intended to confer any benefit on a third party under the provision of the Contracts (Rights of Third Parties) Act 1999.

6.2 Any rights not expressly granted herein are reserved by us.

6.3 We reserve the right, at any time, and for any reason or none, to suspend or terminate your access to, or use of, the Website.

6.4 We will seek a criminal prosecution of any individual who or organisation which seeks to use UCAS' or UCAS Media's name(s), material, logos or trademarks for unlawful purposes and, will take action within the civil courts of any applicable jurisdiction against any individual or organisation discovered to be using UCAS' and/or UCAS Media's name(s), logos, trademarks or the Website for unauthorised or unlawful purposes.

6.5 These terms & conditions of use shall be construed and interpreted in accordance with English law. The courts of England will, subject to our right to proceed otherwise as set out in clause 6.6, have exclusive jurisdiction in relation to any claim, dispute or other matters arising therefrom.

6.6 For the exclusive benefit of UCAS Media Limited, we retain the right to bring proceedings in the Courts of the country of residence of any user of the Website.

6.7 If any of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions which shall continue to have full force and effect. To the extent that any term is found to be invalid you and we agree that such a term is deemed amended to the minimum extent necessary to render it valid without affecting the validity of any other term.

6.8 The failure by UCAS Media Limited to exercise any right or remedy under these terms and conditions shall not constitute a waiver of that right or remedy.

6.9 The services and the Website of UCAS Media Limited are provided to support the work of the Universities and Colleges Admissions Service (UCAS). UCAS, a company limited by guarantee registered in England and a registered charity is the ultimate parent of UCAS Media Limited (registered in England). UCAS also owns and manages the websites http://www.ucas.ac.uk/, http://www.ucas.co.uk/ and http://www.ucas.com/.

Terms and conditions for the sale of UCAS Media products and services

1. Definitions

1.1 "Campaign" shall mean any mailing, web advertising service, emailing service, SMS service, printed advert or any other such service undertaken by UCAS Media for the Customer.

1.2 "Confidential information" means any information which has been designated as confidential by either party in writing or that ought to be considered as confidential (however it is conveyed or on whatever media it is stored) including information which relates to the business, affairs, properties, assets, trading practices, services, developments, trade secrets, intellectual property rights, know-how, personnel and all personal data and sensitive personal data within the meaning of the Data Protection Act 1998.

1.3 "Customer" shall mean the recipient of goods or services from UCAS Media.

1.4 "Intellectual Property" means patents, registered designs, trade marks and service marks (whether registered or not), domain names, copyright, database right, moral right, design right and all similar property rights including those subsisting (in any part of the world) in inventions, designs, drawings, computer programs, confidential information, business names, goodwill and in applications for protection of the above rights.

1.5 "UCAS Media" shall mean the supplier of the services.

1.6 Unless the context otherwise requires:

1.6.1 Reference to a gender will include references to the masculine, feminine and neuter genders. 

Reference to any enactment shall be deemed to include reference to such enactment as reenacted, amended, extended or replaced from time to time. 

2. Applicability of Clauses 9 to 13

Individually these clauses only apply if the specific campaign type described in clause heading, applies to the contract.             

3. Conditions

3.1 These conditions shall form the basis of the contract between the Customer and UCAS Media, notwithstanding anything to the contrary in the Customers standard conditions or in any purchase order or any other document issued or sent by the Customer.

3.2 These conditions shall apply except insofar as expressly agreed in writing by both parties. No servant or agent of the Customer has power to vary these conditions orally. If the Customer shall not previously have accepted these conditions, then acceptance of delivery by him shall constitute such acceptance.

3.3 These general conditions might be subject to such further special conditions as may be prescribed in writing by UCAS Media. In the event of any conflict, or apparent conflict, between the special conditions and the general conditions, the special conditions shall prevail.

3.4 No provision of the contract is intended to or will confer any benefit pursuant to the Contract (Rights of Third Parties) Act 1999 or be enforceable by any person who is not a party to this contract.

4. Prices

4.1 VAT (or any similar tax), where applicable, shall be identified as a separate item of account failing which the price shall be deemed to exclude VAT (or any similar tax).

5. Payment

5.1 The Customer shall pay for the services in accordance with order. 

5.2 UCAS Media shall be entitled to invoice the Customer as set out in the order or upon delivery of goods or services. The invoice shall specify if payment by the Customer is required in advance of the service, or strictly within 30 days from date of invoice.

5.3 If the Customer fails to pay UCAS Media within 30 days as outlined within Clause 5.2, UCAS Media will be entitled to charge interest on the invoiced amount. Interest to be dictated by 4% pa over the rate set by the Bank of England.

6. Guarantee

6.1 The Customer accepts that all goods and services supplied by UCAS Media are supplied as is. UCAS Media do not warrant that they shall be fit for any particular purpose.

7. Cancellation policy

If the Customer cancels a campaign before the commencement date, UCAS Media will charge the following of the overall booked price, exclusive of VAT:

0-60 days - 100%

61-90 days - 50%

91-120 days - 15%

8. Supply of creatives, images and logos

8.1 In the event of the Customer supplying creative images or logos, this includes but is not limited email and SMS campaigns and web services:

8.1.1 The Customer shall supply all creatives, images or logos to UCAS Media by the date specified on the order or a minimum 5 working days prior to the commencement date of the campaign.

8.1.2 Provision of an additional three working days must be made available for both parties to review and sign-off all creatives, images or logos prior to the commencement date of the campaign.

8.1.3 UCAS Media reserves the right to refuse to accept, or to request amendment of, any creative, image or logo without stating any reason beyond the fact that the creative, image or logo does not, in the sole opinion of UCAS Media, do not adhere to the technical specifications detailed on ucasmedia.com/document-library or any other specification provided by UCAS Media to the Customer relating to the service being provided.

8.1.4 UCAS Media will not be liable for any cost incurred by the Customer for any creatives, images or logos which are not used as a result of Clause 8.1.3.

8.2 The Customer guarantees to UCAS Media that:

8.2.1 any information supplied in connection with the creative, images or logos is accurate, complete, true and not meant to mislead;

8.2.2 it has obtained the consent of any individual whose name or image (in whole or in part) is used in an advertisement to such use;

8.2.3 the creative will not damage, demean or otherwise diminish the image or reputation of UCAS Media or the Website, and will not include anything with UCAS Media reasonably considers to be offensive;

8.2.4 the creative, images and logo comply with the provisions of any applicable law, regulation or codes of practice in operation and with the guidance of any relevant regulatory authority, are not libellous or obscene and do not infringe the rights of any person (including intellectual property rights);

8.2.5 materials submitted for publication online will be free of any viruses, adware, malware, or any other form of code created with malicious intent adversely to effect the operation of the Website(s).

8.3 Where the Customer is not the owner or producer of a product or service included in the creative, the Customer guarantees that it is authorised by the owner or producer of a product or service to place the Campaign and the Customer will indemnify and hold harmless UCAS Media in the event any claim is brought by such product owner or producer against UCAS Media.

8.4 If the delivery of creatives, images or logos by the Customer is delayed or suspended in any event UCAS Media reserve the right to charge, the minimum fee set out in the Order, or in-full or in-part, for all services which would have been provided to the Customer.

9. Data Collecting

9.1 The Customer shall not use data collecting technology without UCAS Media’s written authorisation and agrees to use such data collecting technology and all data collected from it solely in the manner authorised by UCAS Media.

9.2 Any data collected by the Customer through such data collecting technology will be confidential information owned by UCAS Media and will not be disclosed by the Customer without the prior approval of UCAS Media. In no event shall Customer use such data collecting technology or the data collected for the purpose of tracking or targeting users when they leave the UCAS website or combine such data with information from other sources, without UCAS Media’s approval. The Customer shall comply with UCAS Media’s privacy policy and all applicable laws and regulations with respect to data collection. The Customer shall delete all data collected from its servers within a reasonable period and if and as required by UCAS Media and/or authorised legal or regulatory authorities.

10. Supply of printed materials

10.1 In the event of the Customer supplying printed materials:

10.1.1 The Customer shall supply all printed materials to UCAS Media a minimum of one working week prior where UCAS Media have agreed to the provision of services requiring printed materials unless otherwise stipulated in writing and agreed by both parties.

10.1.2 Provision of an additional three working days must be made available for both parties to review and sign-off all printed materials prior to the agreed date of supply.

10.1.3 UCAS Media reserves the right to refuse to accept, or to request amendment of, any printed materials without stating any reason beyond the fact that the printed material does not, in the sole opinion of UCAS Media, comply with the UCAS Media advertising policy or which does not adhere to the specifications provided by UCAS Media to the Customer relating to the service being provided.

10.1.4 The Customer will ensure that all printed materials meet the standard specification for sending in UCAS C5 sized envelopes.

UCAS Media will not be liable for any cost incurred by the Customer for any printed materials which are not used as a result of Clause 10.1.3 or 10.1.4.

10.1.5 If delivery of printed materials by the Customer is delayed or suspended in any event UCAS Media reserve the right to charge, either in-full or in-part, for all services which would have been provided to the Customer.

11. Web Services

11.1 In the event of web services being used:

11.1.1 During the Clearing period the UCAS website will be offline for the first and second day of Clearing, and replaced by the Clearing website in relation to such any web booking made for the month of August will only last for 29 days.

11.1.2 In the event of any disagreement regarding the number of impressions served, the figures provided by UCAS Media will be final and binding.

11.1.3 The Customer acknowledges and accepts that UCAS media’s estimated number of impressions may reasonably exceed the number served by up to 12% and that UCAS Media offers no guarantee or warranty as to the number of impressions achieved within the campaign period.

11.1.4 If the number of impressions served during the campaign period is more than 12% less than the number of impressions booked by the Customer, UCAS Media shall, as the Customer's sole remedy and provided the Customer has notified UCAS Media of such under-delivery and requests, continue to serve the content after the end of the campaign period until the number of booked impressions is reached. UCAS Media will not be liable for any over-delivery of impressions (including without limitation in relation to any ad-serving costs) where such over-delivery is 12% or less. Where any such over-delivery exceeds 12%, UCAS Media will not be liable unless such over-delivery arises due to UCAS Media's act or omissions.

11.1.5 In the event advertising copy is received after midday on the day before an Advertisement is due to be published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. There will be no reduction in the fee payable.

11.1.6 UCAS Media makes no guarantees or representations and gives no warranties as to the quality and/or suitability of the UCAS website on which Customer’s content appears.

11.1.7 UCAS makes no guarantees or representations and gives no warranties as to the quality and/or suitability of the respondents to the advertisements for any particular purpose whether or not stated by the Customer.

11.1.8 The Customer guarantees to UCAS Media that any landing page and/or destination site linked to from the Advertisements (‘Advertiser's Site’) will (i) be legal, decent, honest and truthful, (ii) not be contrary to the provisions of any applicable law, regulation or code of practice, (iii) not be libellous or obscene or infringe the rights of any person (including intellectual property rights); (iv) not damage, demean or otherwise diminish the image or reputation of UCAS Media or the Website; (v) be free from viruses, adware, bit torrents and/or malware, or adversely effect on the operation of the Website(s), and (vi) comply with all applicable data protection and privacy laws, regulations and codes of practice.

11.1.9 If and to the extent that UCAS Media places cookies on devices of users of the Advertiser's Site(s) or uses data collecting technology to track impressions and related data (‘Advertiser Data’), UCAS Media shall notify the Customer and the Customer shall ensure that the Customer's Site complies with all applicable data protection and/or privacy laws, regulations and codes of practice.

11.1.10 UCAS Media will use Customer Data solely in relation to the Customer's particular advertising campaign.  Customer Data collected by UCAS Media will be treated as the confidential information of the Customer and will not be disclosed by UCAS Media to any third party (other than UCAS Media's affiliates, agents and professional advisers as required in complying with its obligations under these Terms) without the Customer’s approval.

11.1.11 UCAS Media hosts and serves all web advertising and performance statistics can be provided on request.

11.1.12 In any event UCAS Media does not guarantee the accuracy of performance statistics.

11.1.13 UCAS Media is able to accommodate third party performance tracking by prior written agreement.

11.1.14 UCAS Media does not support third party tagging under any circumstances.

12. Core mailing

12.1 In the event that the service is a core mailing:

12.1.1 Any materials supplied by the Customer will not exceed a weight of ten grams per booked slot unless otherwise stipulated in writing and agreed by both parties.

12.1.2 UCAS Media will, whenever possible, ensure that each insert is sector exclusive with a maximum of six inserts per core mailing.  Sector exclusivity is only applicable to the core mailing the Customer purchased a slot within.  UCAS Media does not guarantee sector exclusivity across the full set of core mailings.

13. Confidentiality

13.1 Both parties (and its staff, agents or sub-contractors)to the contract undertake, except as provided below, to treat as confidential and keep secret all information marked 'confidential' or which may reasonably be supposed to be confidential with the same degree of care that it employs with regard to its own confidential information of a like nature and in any event in accordance with best current commercial security practices. Such confidential information shall not be disclosed by the receiving party to others for any purpose without the prior written consent of the disclosing party.

13.2 The provisions in Clause 14.1 shall not extend to any confidential information which:

13.2.1 Is in or becomes a part of the public domain (otherwise than by breach of this contract);

13.2.2 Was in the lawful possession of the receiving party prior to the disclosure under this contract and was not unlawfully obtained directly and indirectly, or

13.2.3 Is required to be disclosed by law.

13.3 Nothing in this condition shall prevent either party to the contract from using any techniques, ideas or know-how gained during the performance of the contract in the furtherance of its business, to the extent that this does not result in a disclosure or use of Confidential Information or an infringement of intellectual property rights or in any way constitute a breach of this contract.

14. Data protection

14.1 Any collection or processing of data, by both parties, shall be in accordance with the Data Protection Act, 1998. To the extent that the contract requires the processing of personal data, a separate schedule shall be drawn up:

14.1.1 Identifying any personal data likely to be processed in the course of the contract;

14.1.2 Limiting the purposes for which the personal data may be used;

14.1.3 Specifying how instructions for the processing of data will be authorised and transmitted;

14.1.4 Setting out security arrangements for the handling of personal data by UCAS Media and its transmission between UCAS Media and the Customer.

14.2 Both parties shall take reasonable steps to ensure the reliability of its own employees who have access to the personal data.

15. Intellectual property rights

15.1 Where the manufacture of goods or provision of services include the creation or development of intellectual property rights by UCAS Media for the Customer, all such intellectual property rights shall remain with UCAS Media, unless agreed in writing by both parties.

15.2 UCAS Media warrants that the manufacture of the goods or the provision of know-how to the Customer under the Agreement does not infringe the Intellectual property rights of any third party and that UCAS Media shall ensure that it has the right to provide such know-how and is not disclosing the same in breach of confidence.

15.3 With reference to Clause all intellectual property rights belongs to the customer.

16. Termination

16.1 If either party shall be in material breach or non-observance of any of his obligations under the contract, the non-offending party shall be entitled to give the offending part notice in writing to forthwith remedy such breach or non-observance.

16.2 If the offending shall fail to comply with such notice within 30 calendar days of its receipt the non-offending party shall be entitled forthwith to give written notice terminating the contract with immediate effect.

16.3 If either party shall become bankrupt or insolvent, or have a receiving order made against him, or compound with his creditors, or, being a corporation, commence to be wound up, not being a member's voluntary winding up for the purpose reconstruction or amalgamation, or carry on its business under a receiver for the benefit of its creditors or any of them, then either party shall be at liberty either:

16.3.1 to terminate the contract forthwith by notice in writing to the other party, or to the receiver or liquidator, or to any person in whom the contract may become vested; or

16.3.2 to give such receiver, liquidator or other person the option of carrying out the contract subject to his providing a guarantee for the due and faithful performance of the contract.

17. Indemnity

17.1 Both parties shall keep the other party fully and effectively indemnified against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid as a result of or in connection with any claims for infringement of any intellectual property rights by reason of the use or sale of the goods supplied or services provided and against all costs and damages which either party may incur in any action for such infringement or for which either party may become liable in such action.

18. Limitation of liability

18.1 Nothing in these conditions shall exclude or restrict the liability of either party to the other for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any breach of any obligations implied by Section 12 of the Sale of Goods Act, 1979 or Section 2 of the Supply of Goods and Services Act, 1982.

18.2 Subject to Clause 18.1:

18.2.1 The liability of UCAS Media shall in no event exceed the value of the contract.

18.2.2 In no event shall either party be liable to the other for any indirect or consequential loss or whether for loss of profits, loss of business, revenue, depletion of goodwill or anticipated savings, howsoever caused, whether or not such losses were foreseeable at the time of entering into this contract. For the purposes of this Clause, the term 'loss' includes a partial loss or reduction in value as well as a complete or total loss.

18.2.3 UCAS Media will not be liable for any unforeseen rendering of electronic or printed materials which results in electronic or printed materials provided by the Customer to appear not as originally intended by the Customer.

18.2.4 UCAS Media will not be liable for the performance of a campaign.

19. Force majeure

19.1 If the delivery of the contract by UCAS Media is delayed or prevented because of circumstances beyond the control of UCAS Media the contract shall be suspended.

19.2 If the goods or services cannot be delivered within a reasonable time after the due date, the contract may be terminated by either party by giving a notice in writing to the other party.

20. Law

20.1 This contract and all matters arising from it and any arbitration proceedings shall be governed by and construed in accordance with English law.

20.2 All disputes between the parties shall be resolved by arbitration by an arbitrator to be agreed by the parties, or, in default of agreement, to be appointed by the President of the Chartered Institute of Arbitrators.

20.3 If any of the provisions in the above conditions is held to be unlawful, void or unenforceable, in whole or in part, by any competent authority, the provision shall, to the extent required, be severed from the contract and rendered ineffective as far as possible without modifying the remaining provisions of this Contract, and shall not in any way affect in any other circumstances of or the validity or enforcement of this Contract.


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Direct Contact Service – Extra - 27 February 2017 – 30 June 2017

These terms and conditions relate to the Direct Contact Service and should be read in accordance with the Terms of Service.

The Direct Contact Service is being run as an extended trial for the purposes of marketing to unplaced Applicants during Extra 2017 and does not replace any other Extra marketing activities.

1. Definitions and interpretation

1.1 In these terms and conditions, the following expressions will have the following meanings: “Accepted Applicant” means an Applicant who holds an unconditional offer with a Customer as at Monday 23 October 2017, including deferred acceptances. “Agreement” includes these terms and conditions, the order acknowledgement form, the Code of Conduct, and the Terms of Service, as updated and reissued by UCAS from time to time. ‘Applicant Data’ means the data included in the Applicant Details Form. “Applicant Details Form” means the contact details of an Applicant who may be interested in a Course being offered by the Customer. This may contain the following Personal Data and sensitive personal data: name, email address, telephone number, qualification data, personal statement, UCAS choices and data relating to the Applicant’s address. “Code of Conduct” means the Direct Contact Service Code of Conduct provided to the Customer. “DC Service” means the Direct Contact Service by which UCAS provides Applicant Details Forms to the Customer. “Extra” means the period between Saturday 25 February and Tuesday 4 July 2017. “Track” means a facility provided by UCAS to allow Applicants to track the progress of their application.

2. Provision of DC Service

2.1 The Customer must provide UCAS with its recruitment requirements no later than 24 February 2017.

2.2 UCAS shall provide to the Customer Applicant Details Forms in accordance with their recruitment requirements for the purpose of the DC Service.

2.3 The Customer will only use the Applicant Details Forms to contact Applicants concerning Courses for which an Applicant can add a choice in Track. For the avoidance of doubt, this excludes, but is not limited to, all further education, distance learning and part time courses.

3. Relevant dates

3.1 UCAS shall provide the DC Service during Extra on weekdays as per the service schedule (not including bank holidays).

3.2 UCAS will use its reasonable endeavours to deliver the resulting Applicant Details Forms throughout the trial in accordance with any delivery dates and times advised to the Customer. Any such dates and times are provisional and approximate only. The time of delivery is not of the essence.

4. Charges and payment

4.1 The DC Service shall commence upon receipt of a confirmed order acknowledgment committing the Customer to an agreed fee (“Service Fee”). The Service Fee is non-refundable.

4.2 In addition to the Service Fee, if the Customer receives more than two Accepted Applicants, the Customer shall be invoiced after 23 October 2017 a fee (“Accepted Applicant Fee”) for each successive Accepted Applicant who was supplied to the Customer on the Applicant Details Forms.

4.3 VAT (or any similar tax), where applicable, will be identified as a separate item of account, failing which the price will be deemed to include VAT (or any similar tax).

5. Using the Applicant Data

5.1 The Customer, its staff and contractors shall strictly adhere to the Code of Conduct [hyperlink}.

5.2 The Customer shall keep an appropriate record of who has access to the Applicant Data provided by UCAS.

5.3 The Customer shall ensure that they check the suppression list provided by UCAS daily and delete any Applicant Details Forms for Applicants on the suppression list.

5.4 The Applicant Data supplied in the Applicant Details Forms is strictly for the purposes of the DC Service within Extra. No other purpose is permitted.

5.5 All Applicant Data supplied through the trial is to be destroyed no later than 20 November 2017. This must include any data integrated into a Customer relationship management system or other databases.

6. Liability

6.1 UCAS will only send details of Applicants who are unplaced, but does not warrant that all Applicants will still be unplaced at the time when the Customer contacts them.

6.2 Telephone numbers are extracted from Track and are updated by the Applicants themselves. UCAS does not warrant as to their accuracy.

6.3 UCAS cannot warrant that any telephone call will be answered by the Applicant.

7. Termination

7.1 The Customer may terminate the agreement by giving two working days’ written notice up until the point a file containing Applicant Detail Forms is downloaded from MOVEit, UCAS’ secure file transfer system.

7.2 If the Customer fails to comply with Clause 5 of this Agreement, UCAS may terminate this Agreement with immediate effect by notifying the Customer.

7.3 Upon termination for any reason, the Customer will immediately delete or remove any information in their possession and immediately destroy or return to UCAS all copies of any information then in the Customer’s possession, custody or control and, in the case of destruction, certify that they have done so.

Digital Identification Services – Terms and Conditions

The Universities and Colleges Admissions Service provides digital identification services that provide access to a set of data resources to Users. These resources allow Users to see if there is a record with matching personal identifiers within the current UCAS undergraduate admissions cycle (where applicants have permitted this use), and if so, what the current status of that record is. Users of the Service may take operational decisions informed in full or in part from the fact that a record with the same identifiers has the reported status subject to the following terms and conditions and confirmed receipt of your order for the Service (our ‘Agreement’) which shall continue to apply for so long as you continue to make use of the Service:

1. Definitions

1.1. In these Terms and Conditions, the terms below have the following meanings:

1.1.1. ‘UCAS’, ‘We’, ‘we’, ‘Our’, ‘our’, ‘Us’ or ‘us’ means the Universities and Colleges Admissions Service.

1.1.2. ‘Customer’, ‘user’, 'You', 'you' and 'your' means the natural or legal person, or body of persons corporate or incorporate, or government agency, acquiring rights in the Supplied Information under this licence receiving the Service.

1.1.3. 'Use' means Customer’s application of the Service for the Purpose.

1.1.4. ‘Applicant’ means any individual applying during the current Service Period for a place at a UK university or college to commence at the start of the next academic year, who has applied using the UCAS Undergraduate scheme provided by UCAS.

1.1.5. ‘Service Period’ means the period in which the Service is available in any application cycle and is typically February to October in each year.

1.1.6. ‘Matching Dataset’ means a data file containing Applicant data masked in the form of 64 character, hexadecimal strings which will be used to confirm that a specified set of personal data items exactly matches the same items in any User Data file.

1.1.7. ‘Purpose’ means the confirmation of Applicant status for the purpose of qualification of eligibility for some change to or extension of the services or products provided by, or offered by a User. The Matching Datasets produce a ‘reported status’ to indicate that any Applicant record searched has progressed to one of a number of stages in the applications process, which include:

 i. applied to;

ii. received an offer from;

iii. firmly accepted an offer from; or

iv. received an unconditional offer from

a university, or universities; a college, or colleges to commence during the then current Service Period.

1.1.8. ‘Service’ means the provision of Matching Datasets and Matching Solutions by UCAS for the Purpose as set forth at paragraph 3.

1.1.9. ‘User Data’ means your customer data used by you for the Purpose for which you accept all liability.

2. Interpretation

2.1. Use of singular forms of address under these terms and conditions shall have the same meaning in respect of multiple Users.

3. The Service

3.1. UCAS will make the Matching Datasets available to Users which, when using one of the three matching solutions (the ‘Matching Solutions’) generate a reported status to be used for the Purpose: 3.1.1. status checking against a file of masked personal data containing the details of Applicants who have given consent in advance for the sharing of personal information;

3.1.2. Status checking against UCAS data which produces a reported status based on Applicants consenting at point of sale / enquiry by providing a four (4) digit short code; or

3.1.3. Status checking against an anonymised dataset to provide a ‘present’ or ‘not present’ result without sharing the personal details of the individual data subject – this is based on a sixteen (16) character code which the applicant may submit and produces a simple ‘yes’ or ‘no’ result. Embedded checksum digits are also included that enable optional matching to the date of birth of the applicant.

3.2. The Service as delivered under paragraph 3.1.1 provides application status of individuals who have consented in advance whilst the Applicant provides his consent at point of sale for the Service delivered under paragraphs 3.1.2 and 3.1.3.

3.3. Updated Matching Datasets will be published for download by us from time to time and it shall be your responsibility to ensure that within the ten (10) business days following such publication the Matching Datasets in use by you are the most recently available Matching Datasets reflecting the prevalent data sharing preferences of Applicants; failure on your part to use the most recent versions of the Matching Datasets shall result in suspension of your access to the Service. Updates are suspended between the end of July and confirmation and clearing.

3.4. You warrant and represent to us that in applying User Data to the Services, you have obtained all necessary consents from the data subjects.

3.5. Users will (and will procure that any staff involved in the Use of the Service) comply at all times with the requirements of the Data Protection Act 1988 (the ‘Act’) as applied and including any instruments and secondary legislation which draws its authority from the Act from time to time amended and/or repealed and re-enacted (as if it were UCAS) and will perform its obligations under this Agreement in such a way as to ensure that UCAS does not or is not likely to breach any of its obligations under the Act.

3.6. This Service does not affect your freedom under fair dealing or fair use or any other copyright or database right exceptions and limitations.

4. The Service Fee

4.1. Matching Datasets will be made available to the User upon receipt of a confirmed order committing the User to payment of the agreed price of supply (the ‘Service Fee’).

4.2. Any breach of your obligation under paragraph 3.4 of these terms shall render the Service Fee immediately due in full without otherwise limiting the remedies available to us for such breach.

4.3. Order placement is deemed acceptance of these Terms and Conditions.

5. Your rights and obligations in Using the Service

5.1. These include rights to:

5.1.1. store, access, copy, publish at a corporate level, distribute and transmit the Matching Data and masking keys solely for the Purpose;

5.1.2. adapt the Service to integrate with a User’s existing computer and service support systems; and/or

5.1.3. exploit the Service commercially and non-commercially for example, by combining the Result(s) with other data, or by including the Service functionality in your business data systems or application and within your own organisation.

5.2. In addition you may, with our consent, which we will not unreasonably withhold or delay, use UCAS logos, trademarks and wordmarks and copyright Service-related information in materials you create to describe or promote the Service, as you provide it to your customers.

5.3. You may not make use of a positive match to exclude an Applicant from a service or product you are providing.

5.4. You must (where you do any of the above) credit us, as the source of the Matching Dataset and Matching Solutions in your product or application by including or linking to any accreditation we produce and, where possible, provide a link to the Service page on our Website; if we provide no alternative accreditation, then you must use the following: ‘The status of an applicant’s’ application has been provided by the Universities and Colleges Admissions Service Digital Identification Data Service.’

5.5. The requirements are conditions of this Service Agreement and if you fail to comply with them, then the rights granted to you under this Service Agreement, or any licence granted by us, will end automatically.

5.6. UCAS reserves the right to terminate the access of any user to the Service if it reasonably believes that the user is putting the Service to any use which is inconsistent with or not included in the Purpose.

6. Exemptions

6.1. The licence granted under paragraph 5 does not extend to:

6.1.1. any personally identifiable information found to be included in the Matching Data which may be read as such without the Matching Solutions;

6.1.2. any attempt to use the Matching Data and Matching Solutions in a way which: i. would identify individuals within User Data without the positive consent of the data subject; or ii. is or would be inconsistent with the Purpose (e.g. any attempt to identify individuals who are not customers of the User).

6.1.3. third party rights we are not authorised to license; and

6.1.4. other intellectual property rights, including any trademarks and/or design rights not expressly granted under paragraph 5.

7. Non-endorsement

7.1. The rights available under these Terms do not grant you any right to use the Service in a way that suggests any partnership, joint venture or agency arrangement between you and UCAS or that UCAS endorses you, your products, your services or your use of our Service in any way.

8. Warranties and Indemnities

8.1. You represent, warrant and undertake that in processing User Data you will comply with the Data Protection Act 1998, the Data Protection Directive (95/46/EC) and all applicable laws and regulations relating to the processing of personal data and privacy, as from time to time amended and/or reenacted, including relevant guidance and codes of practice issued by the Information Commissioner’s Office.

8.2. The Service is provided 'as is' and UCAS excludes all representations, warranties, obligations and liabilities in relation to the Service to the maximum extent permitted by law.

8.3. We shall not be liable for any errors or omissions in information provided under the Service or for any loss, injury or damage of any kind caused by its use.

8.4. We do not guarantee that the Service will continue, or operate without fault, interruption or error and offer no warranty as to availability.

8.5. We will endeavour to ensure that the Service provision remains on target, available in excess of 95% of the time the datasets are due for distribution, during the Service Period.

8.6. You will indemnify and hold us harmless in the event of any claim or accusation that your use of the Service in any way infringes the rights, injures, offends, harms or damages the reputation of any third party, subject to our notifying you if and when we are in receipt of any such claim or are notified of any such accusation.

9. Anti-Bribery

You will comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010.

10. Severability

In the event any provision of this Agreement is held to be invalid or unenforceable, the affected provision shall be deemed amended to the extent necessary to render it enforceable; unaffected provisions of this Agreement will remain in full force and effect.

11. Waiver

The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

12. Entire Agreement

This Agreement constitutes the complete agreement between the parties and supersedes all previous and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of this Agreement. No other act, document, usage, or custom shall be deemed to amend or modify this Agreement.

13. Governing Law

This Agreement is governed by the laws of England and any dispute or claim which arises, shall be exclusively subject to the jurisdiction of the English Courts.

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Terms and conditions for EXACT service

This licence agreement (Licence) is a legal agreement between you (you and your) and UCAS Media Limited of Rosehill, New Barn Lane, Cheltenham, Gloucestershire, GL52 3LZ (us, we, and our) for certain EXACT Data to be supplied by us through our EXACT service. Together with your order acknowledgment / order confirmation these Terms comprise the entire agreement between you and UCAS in respect of the supply of the EXACT Data (our ‘Licence’).

1. Definitions

1.1.    In these Terms, the terms below have the following meanings:
“Agreed Purpose” means the purpose detailed on the order acknowledgement form. 
“EXACT Data” means the data detailed in the order acknowledgement form.  
“EXACT Service Schedule” means the service descriptions set out in Schedule 1 to 3 and as detailed on the order acknowledgement form.  
“Manipulated Data” means the EXACT Data or parts of the EXACT Data combined with any other data or information.  
“Own Data” means data which a higher education provider already has access to for the purpose of Schedule 1.

2. Interpretation

2.1.    Use of singular forms of address under these Terms shall have the same meaning in respect of the multiple form in each case.

3.    Grant and scope of licence
3.1.    UCAS grants to you a limited, non-exclusive, non-transferable, non-assignable and revocable licence to use the EXACT Data on the terms of this Licence.
3.2.    The rights granted to you include the rights to:
3.2.1.    store, access and view the EXACT Data and any Manipulated Data on an information technology system or systems owned or operated by you
3.2.2.    combine or aggregate the EXACT Data with other data or information, or adapt the EXACT Data to create Manipulated Data, which includes any EXACT Data manipulated to such a degree that it
3.2.2.1.    cannot be identified as originating or deriving directly from the EXACT Data and cannot be reverse-engineered such that it can be so identified
3.2.2.2.    is not capable of use substantially as a substitute for the EXACT Data.
3.3.    You may only use the EXACT Data in accordance with the EXACT Service Schedule quoted on the order acknowledgement.
3.4.    Except as expressly set out in this Licence, or as permitted by law, you may not 
3.4.1.     use the EXACT Data or Manipulated Data for any purpose contrary to any law or regulation or any regulatory code, regulatory guidance, or regulatory request.
3.4.2.    circulate any of the EXACT Data or Manipulated Data outside your organisation other than as provided in the relevant EXACT Service Schedule.  
3.4.3.    use the EXACT Data or Manipulated Data (whether alone or in combination with any other data) to identify individuals summarised within the EXACT Data or attempt to do so

4. Intellectual property rights

4.1.    You acknowledge that all intellectual property rights in the EXACT Data and Manipulated Data throughout the world belong to us, that rights in the EXACT Data and Manipulated Data are licensed (not sold) to you, and that you have no rights in, or to, the EXACT Data and Manipulated Data other than the right to use it in accordance with the terms of this Licence.
4.2.    You acknowledge that all intellectual property rights in any Manipulated Data you may create are hereby assigned to us by way of future assignment (but shall be deemed to be included in this Licence from the date when such rights arise).
4.3.    We acknowledge that we have no claim to the intellectual property rights in any of the processes or methodologies you may use to create Manipulated Data.

5. Warranties

5.1.    Except as expressly stated in this Licence, all warranties, conditions, and terms, whether express or implied by statute, common law, or otherwise are hereby excluded to the extent permitted by law.
5.2.    Without limiting the effect of clause 5.1, we do not warrant that:
(a) the supply of the EXACT Data will be free from interruption
(b) the EXACT Data is accurate, complete, reliable, secure, useful, fit for purpose, or timely
(c) the EXACT Data has been tested for use by you or that it will be suitable for or be capable of being used by you

6. Limitation of liability

6.1.    You acknowledge that the EXACT Data has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the EXACT Data meets your requirements.
6.2.    We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
(a) loss of profits, sales, business, or revenue
(b) business interruption
(c) loss of anticipated savings
(d) loss or corruption of data or information
(e) loss of business opportunity, goodwill or reputation
(f) any indirect or consequential loss or damage
6.3.    Other than the losses set out in clause 6.2 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the price paid for the EXACT Data. This maximum cap does not apply to clause 6.4.
6.4.     Nothing in this Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence
(b) fraud or fraudulent misrepresentation
(c) any other liability that cannot be excluded or limited by English law.

7.  Termination

7.1.    We may terminate this Licence immediately by written notice to you if:
7.1.1.    you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service on you of written notice requiring you to do so
7.1.2.    in our reasonable opinion we determine that:
7.1.2.1.    you are acting in a manner which is not suitable to be associated with us or which could in any way bring us into disrepute
7.1.2.2.    your exploitation or use of the EXACT Data or Manipulated Data falls outside the spirit and intention of the EXACT Data service
7.2.    Upon termination for any reason:
7.2.1.    all rights granted to you under this Licence shall cease
7.2.2.    you must cease all activities authorised by this Licence
7.2.3.    you must immediately delete or remove the EXACT Data and Manipulated Data from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the EXACT Data then in your possession, custody or control and, in the case of destruction, certify that you have done so

8. Charges

8.1.    For the provision of the EXACT Data, you agree to pay to us the price set out in the quote you have received in full and in cleared funds not later than 30 days (time being of the essence) after you receive the EXACT Data. 
8.2.    We may charge interest at an annual rate of 4% above the base rate of Barclays Bank, calculated on a daily basis in respect of any sum which is due and unpaid, that interest to run from the date on which that sum is due and payable, until receipt by us of the full amount, whether before or after judgment.
8.3.    All Charges are exclusive of VAT or any other applicable sales tax, which shall be paid by you at the rate and in the manner for the time being prescribed by law.

9. Confidentiality

9.1.    You shall keep the EXACT Data and any Manipulated Data confidential and shall not use or disclose any EXACT Data or Manipulated Data except as expressly permitted by this Licence.
9.2.    You may disclose EXACT Data or Manipulated Data to the extent required by law, by any governmental or other regulatory authority, or by a court or other authority of competent jurisdiction provided that, to the extent you are legally permitted to do so, you give us as much advance notice of the intended disclosure as possible.
9.3.    We reserve all rights in the EXACT Data and any Manipulated Data. No rights or obligations in respect of the EXACT Data or Manipulated Data, other than those expressly stated in this Licence, are granted to you, or are to be implied from this Licence.

10. Freedom of information

10.1.    You acknowledge that the disclosure of EXACT Data or Manipulated Data may substantially prejudice our interests. If you receive an information request pursuant to the Freedom of Information Act 2000 (the 'FOI') which relates to EXACT Data or Manipulated Data, you may owe an obligation of confidentiality us and, as such, that information may be capable of benefiting from one or more disclosure exemptions provided for under the FOI. Subject always to the proviso that you shall act in a manner which you reasonably consider to be compliant with the terms of the FOI, you shall:
10.1.1.    consult with us in advance of making any disclosure of EXACT Data or Manipulated Data pursuant to an information request you receive
10.1.2.    give reasonable consideration to any concerns which we may raise in relation to the proposed disclosure
11.    Communications between us
11.1.    Any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an email, that such email was sent to an appropriate email address of the addressee.

12. Other important terms

12.1.    You may not transfer your rights or your obligations under this Licence.
12.2.    This Licence constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this Licence. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Licence.
12.3.    If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.4.    Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
12.5.    Neither party shall be in breach of this Licence nor liable for delay in performing, or failure to perform, any of its obligations under this Licence if such delay or failure results from events, circumstances, or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations.
12.6.    Clauses 3, 5, 8, and 9 shall continue to apply after expiry, termination, or revocation of this Licence.
12.7.    Except as expressly provided elsewhere in this Licence, a person who is not a party to this Licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence.
12.8.    This Licence, its subject matter, and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales. 

Schedule 1

Internal Use Licence
1.    Using the EXACT Data under an Internal Use Licence

1.1.1.    You shall only use the EXACT Data and Manipulated Data strictly for internal use within your organisation only.

1.2.    Except as expressly set out in this Licence and this Schedule 1, or as permitted by law, you may not:

1.2.1.    publish or permit to be published any of the EXACT Data, any Manipulated Data or any results, trends or information derived from the EXACT Data
1.2.2.    circulate any of the EXACT Data including Manipulated Data outside your organisation
1.2.3.    sell or use (or permit to be sold or used) any EXACT Data or Manipulated Data to make financial or commercial gain.
1.2.4.    use the EXACT Data in your products or services.

1.3.    These are important conditions of this Licence and if you fail to comply with them the rights granted to you under this Licence, or any similar licence granted by the Licensor, will end automatically.

2.    Higher education providers registered with UCAS

Higher education providers who are registered with UCAS (Participant Customers) may elect through EXACT Data service to receive data relating to the applications/choices made to the Participant Customer, and/or data relating to an applicant who has made at least one choice to the Participant Customer for the Customer’s Own Data.  The EXACT Data will be provided as raw unrounded (true) counts, or as statistics derived from raw unrounded (true) counts, or as individual-level records referenced by an identifier. Where unrounded or individual-level data is provided in this way, you acknowledge that this is personal data, as defined by the EXACT Data Protection Act 1998, as amended from time to time, and undertake to handle and process this data appropriately. 

 
Schedule 2

Standard Licence 
1.    Using the EXACT Data under a Standard Licence

1.1    The rights granted to you under a Standard Licence include the right to:
1.1.1    publish or permit to be published a maximum of one hundred individual pieces of the EXACT Data comprising the EXACT Data or Manipulated Data (being a number, count, percentage or any other statistic provided under this Licence, or any other number derived or calculated therefrom), subject to you not publishing or permit to be published any data under this clause before any publication date communicated to you.  

1.1    Except as expressly set out in this Licence and this Schedule 2, or as permitted by law, you may not:

1.1.1    publish or permit to be published any of the EXACT Data, any Manipulated Data or any results, trends or information derived from the EXACT Data
1.1.2    circulate any of the EXACT Data including Manipulated Data outside your organisation
1.1.3    sell or use (or permit to be sold or used) any EXACT Data or Manipulated Data to make financial or commercial gain.
1.1.4    use the EXACT Data in your products or services.

1.2    These are important conditions of this Licence and if you fail to comply with them the rights granted to you under this Licence, or any similar licence granted by the Licensor, will end automatically.


Schedule 3

Publication Licence
1.    Using the EXACT Data under a Publication Licence

1.1.    The rights granted to you under a Publication Licence include the rights to:
1.1.1.        use the EXACT Data strictly in accordance with the Agreed Purpose
1.1.2    adapt the EXACT Data to integrate with your existing computer and service support systems for the Agreed Purpose
1.1.3    combine the EXACT Data with other data, or include the EXACT Data in your service functionality data systems or application and within your own organisation
1.1.4    You must (where you do any of the above) credit us, as the source of the EXACT Data or Manipulated Data in your product or application by including or linking to any accreditation we produce and, where possible, provide a link to the service page on our website; if we provide no alternative accreditation, then you must use the following: ‘The Course Statistical Data has been provided by the Universities and Colleges Admissions Service.’

1.2    Except as expressly set out in this Licence, or as permitted by law, you may not:

1.2.1    publish or permit to be published any of the EXACT Data in its entirety
1.2.2    publish or permit to be published any of the EXACT Data, any Manipulated Data or any results, trends or information derived from the EXACT Data
1.2.3    circulate any of the EXACT Data including Manipulated Data outside your organisation for use by other organisations
1.2.4    sell (or permit to be sold or used) any EXACT Data or Manipulated Data to make financial or commercial gain or use the EXACT Data or Manipulated Data to drive advertising revenue.

2    The requirements set out in clause 1 of this Schedule 3 are conditions of this Licence and if you fail to comply with them, then the rights granted to you under this Licence, or any licence granted by us, will end automatically.

3    UCAS reserves the right to terminate this licence if it reasonably believes that you are putting the EXACT Data to any use which is inconsistent with or not included in this Licence.

4    The rights available under this Licence do not grant you any right to use the EXACT Data in a way that suggests any partnership, joint venture or agency arrangement between you and UCAS or that UCAS endorses you, your products, your services or your use of the EXACT Data in any way.

 

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Courses Data – Terms of Supply

The Universities and Colleges Admissions Service provides commercial organisations with Courses Data for education providers using the UCAS Course Marketing Service.

This includes updates which are available via the self service capability on UCAS.com. The Courses Data can only be used for an Agreed Purpose which shall be set forth in your order form/order confirmation and is subject to the following Terms. Together with your order form / order confirmation these Terms comprise the entire agreement between you and UCAS in respect of the supply of Courses Data (our ‘Agreement’).

UCAS Media reserves the right to vary, update or replace these Terms at any time and will make the latest iteration of these Terms available to you on www.ucasmedia.com.

1. Definitions

1.1. In these Terms, the terms below have the following meanings:

 1.1.1. ‘Customer’, 'You', 'you' and 'your' means the natural or legal person, or body of persons corporate or incorporate, acquiring limited rights granted in the Courses Data.

1.1.2. 'Use' means doing any act which is restricted by copyright or database right, whether in the original medium or in any other medium, and includes without limitation distributing, copying, adapting, modifying as may be technically necessary to use it in a different mode or format.

1.1.3. 'Licensor', ‘UCAS Media’, ‘We’, ‘we’, ‘Our’, ‘our’, ‘Us’ or ‘us’ means the Universities and Colleges Admissions Service and/or any of its group companies.

1.1.4. ‘Course(s) Data’ means data supplied by you for the Agreed Purpose.

1.1.5. ‘Agreed Purpose’ means Customer a specific purpose as set forth in your order form. If no Agreed Purpose is included in a Customer’s order then the Agreed Purpose shall be republication for individual course search purposes on a single website owned and operated by Customer solely for Customer’s benefit.

2. Interpretation

2.1. Use of singular forms of address under these Terms shall have the same meaning in respect of the multiple form in each case.

3. Using the Courses Data

3.1. UCAS Media grants you a non-exclusive, non-transferable and non-assignable licence to use the Courses Data for the Agreed Purpose.

3.2. The Courses Data will be made available to you upon receipted payment of the agreed fee (the ‘Fee’) for a period of one (1) year (‘the Licence Period’).

3.3. The Courses Data is provided in CSV or XML file formats for download using the self-service portal on www.ucas.com or as detailed on the order form.

3.4. The rights granted to you include the right to:

3.4.1. store, access, copy and publish the Courses Data for the Agreed Purpose; and

3.4.2. adapt the Courses Data to enable you to Use the Courses Data for the Agreed Purpose;

3.5. You must (where you do any of the above) credit us, as the source of the data in your product or application by including or linking to any accreditation we produce and, where possible, provide a link to this licence; if we provide no alternative accreditation, then you must use the following: ‘The courses data has been supplied by the Universities and Colleges Admissions Service.’

3.6. You must update the Courses Data in use by you frequently, but in any event no less frequently than every sixty (60) days provided UCAS has made updated data available during that period.

3.7. These are important conditions of this licence and if you fail to comply with them the rights granted to you under this licence, or any similar licence granted by the Licensor, will end automatically.

3.8. The licence does not affect your freedom under fair dealing or fair use or any other copyright or database right exceptions and limitations.

3.9. You must not re-title or represent the Course Data to suggest any purpose inconsistent with the Agreed Purpose.

3.10. The use of Courses Data to establish any admissions service which could at any time compete with UCAS or any attempt to launch such a service constitutes a material breach of this Agreement.

4. Exemptions

4.1. This licence does not cover:

4.1.1. any third party rights; and

4.1.2. other intellectual property rights, including trademarks and design rights.

5. Non-endorsement

These Terms do not grant you any right to use the Courses Data in a way that suggests any special relationship between the parties or that we endorse you, your business activities or aims or your use of the Courses Data.

6. Non compete

You shall at no time launch any service or business which is similar or in any way competitive with any services provided by UCAS.

7. No Warranty

7.1. The Courses Data is supplied 'as is' and UCAS excludes all representations, warranties, obligations and liabilities and offer no indemnity in relation to the Courses Data or accuracy thereof to the maximum extent permitted by law.

7.2. UCAS offers no warranty regarding the frequency with which Courses Data files for download shall be updated.

8. Liability

8.1. UCAS is not liable for any errors or omissions in the Courses Data nor shall we be liable for any loss, injury or damage of any kind caused by its use.

8.2. We do not guarantee the continued supply of the Courses Data.

8.3. You will indemnify UCAS on demand and hold UCAS harmless in the event of any claim or accusation that the your use of the Course Data in any way infringes the rights, injures, offends, harms or damages the reputation of any third party, subject to our notifying you if and when we are in receipt of any such claim or are notified of any such accusation.

9. Suspension

9.1. UCAS may suspend the supply of Courses Data if:

9.1.1. UCAS has reasonable grounds to believe that Customer has not complied with these Terms; or

9.1.2. the provision of the Courses Data to Customer would or be likely to damage, or the acts or omissions of Customer have damaged, the goodwill or reputation of UCAS.

9.2. UCAS will notify Customer of such suspension and the cause as soon as reasonably possible (and where reasonably practical, will endeavour to give notice in advance of such suspension).

 9.3. UCAS will notify Customer of the outcome of any investigation.

9.4. Suspension shall not affect Customer's obligation to pay the Fee during any period of Suspension. UCAS reserves the right to charge Customer a reasonable Administration Fee for removal or reinstatement of any supply of Courses Data.

10. Termination for Breach

10.1. Either Party may terminate this Agreement if the other party is in material or persistent breach of these Terms, by giving written notice specifying the breach and (if capable of remedy) requiring it to be remedied. If the breach is not remedied within twenty-one (21) days of the date of the notice then this Agreement shall end on the expiry of the notice period. If the breach is not remediable, termination will take effect immediately.

10.2. If UCAS has reasonable grounds for believing that Customer is in breach of any of clauses 3, 4, 5, and 6 UCAS may immediately suspend the supply of Course Data under clause 9 and if Customer fails to correct such breach (if capable of remedy) within seven (7) days of receiving notice of such breach, UCAS may immediately terminate this Agreement by written notice to Customer.

11. Termination for Insolvency

11.1. Either party may terminate this Agreement in whole or in part immediately by notice in writing if the other party:

11.1.1. ceases, threatens to, or suspends trading or carrying on business (other than temporarily by reason of a strike); or

11.1.2. suspends payment of its debts or is or becomes unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986) or commits any act of insolvency, or enters into a composition or voluntary arrangements with its creditors, or has a receiver or administrator appointed over the whole or any part of its business or assets, or has a creditor’s winding up petition advertised against it in the appropriate gazette, or passes a resolution to wind up (other than for the purposes of a solvent amalgamation or reconstruction), or is the subject of any action or procedure commenced in any jurisdiction which is similar to or analogous with any above-mentioned action or procedure.

12. Effect of Termination

12.1.On termination or expiry of this Agreement:

12.1.1. You must cease using the Courses Data provided under this licence.

12.1.2. Your access to the self-service portal shall be terminated with immediate effect.

12.1.3. If UCAS terminates this Agreement pursuant to section 10 or 11 then any amounts payable shall fall immediately due and you shall not be entitled to any refund of the Fee in respect of any unexpired Licence Period.

13. Governing Law

13.1. This licence is governed by the laws of England and any dispute or claim which arises, shall be subject to the jurisdiction of the English Courts.

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Terms and conditions - Advertising

Definitions and Acceptance of the Terms and Conditions

1. UCAS Media Limited (‘UCAS Media’) accepts responsibility for publishing online advertisements (the ‘Advertisements’) on www.ucas.com and/or careerfinder.ucas.com (the ‘Websites’), on the terms and conditions set out below (‘Terms’).  Brand Safety Policy can be found here.

2. By placing an order, the organisation placing the order for Advertisements (the ‘Advertiser’) or the person placing the order for Advertisements on behalf of the Advertiser (the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms.
Delivery of Advertisements
3. Advertisement copy must be provided no later than the deadline specified and in accordance with the Website technical specification which can be requested by emailing ucasmedia@ucas.ac.uk

4. Publication of an Advertisement on the Website does not mean that UCAS Media accepts the Advertisement has been provided in accordance with these Terms or that UCAS Media has waived its rights under these Terms.

5. UCAS Media may, in its sole discretion and without liability, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, suspend or move any such Advertisement. UCAS Media may refuse to publish any Advertisement for any Advertiser whose account is not fully paid at the date of posting. The Advertiser will remain responsible for all outstanding charges.

6. The Advertiser guarantees to UCAS Media that:
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not meant to mislead;
(ii) it has obtained the consent of any individual whose name or image (in whole or in part) is used in an advertisement to such use;
(iii) Advertisements will not damage, demean or otherwise diminish the image or reputation of UCAS Media or the Website, and will not include anything with UCAS Media reasonably considers to be offensive;
(iv) Advertisements comply with the provisions of any applicable law, regulation or codes of practice in operation and with the guidance of any relevant regulatory authority, are not libellous or obscene and do not infringe the rights of any person (including intellectual property rights);
(v) materials submitted for publication online will be free of any viruses, adware, malware, or any other form of code created with malicious intent adversely to effect the operation of the Website(s).

7. Where the Advertiser is not the owner or producer of a product or service advertised, the Advertiser guarantees that it is authorised by the owner or producer of a product or service to place the Advertisement and the Advertiser will indemnify and hold harmless UCAS Media in the event any claim is brought by such product owner or producer against UCAS Media.

Fees

8. Advertisements are accepted on the basis that they will be paid for at the rate agreed on the date of publication. We may change our rates at any time by publishing the modified rates at https://www.ucasmedia.com/content/could-you-work-ucas-media. Rate changes take effect immediately and affect all Advertisements booked after the publication of the rate change.

9. All sums payable to UCAS Media Ltd (UCAS Media) should be made in accordance with our payment Terms & Conditions which are: UCAS Media will provide services on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed. A Credit Application Form is available on request from your sales contact. Until credit facilities are granted customers will remain on prepayment terms. Our standard payment terms are cleared funds 30 days from date of invoice. Payment must be received by the final working day immediately before any due date which falls on a weekend or bank holiday. As payment is due in cleared funds, under current banking conditions, cheques should be despatched and payment by bank transfer should be processed by the customer three working days prior to the date of posting. UCAS Media reserves the right to charge interest on late payment at 2% above the Bank of England base rate from time to time.

Advertisements

10. Advertisements will target individuals in the UK.

11. In the event of any disagreement regarding the number of impressions served, the figures provided by UCAS Media will be final and binding.

12. The Advertiser acknowledges and accepts that UCAS Media’s estimated number of impressions  may reasonably exceed the number served by up to 12% and that UCAS Media offers no guarantee or warranty as to the number of impressions achieved within the campaign period.

13. If the number of impressions served during the campaign period is more than 12% less than the number of impressions booked by the Advertiser, UCAS Media shall, as the Advertiser's sole remedy and provided the Advertiser has notified UCAS Media of such under-delivery and requests, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. UCAS Media will not be liable for any over-delivery of impressions (including without limitation in relation to any ad-serving costs) where such over-delivery is 12% or less. Where any such over-delivery exceeds 12%, UCAS Media will not be liable unless such over-delivery arises due to UCAS Media's act or omissions.

14. In the event advertising copy is received after midday on the day before an Advertisement is due to be published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. There will be no reduction in the fee payable.

15. UCAS Media makes no guarantees or representations and gives no warranties as to the quality and/or suitability of the Website on which Advertisements appear.

16. UCAS makes no guarantees or representations and gives no warranties as to the quality and/or suitability of the respondents to the Advertisements for any particular purpose whether or not stated by the Advertiser.

17. The Advertiser guarantees to UCAS Media that any landing page and/or destination site linked to from the Advertisements (‘Advertiser's Site’) will (i) be legal, decent, honest and truthful, (ii) not be contrary to the provisions of any applicable law, regulation or code of practice, (iii) not be libellous or obscene or infringe the rights of any person (including intellectual property rights); (iv) not damage, demean or otherwise diminish the image or reputation of UCAS Media or the Website; (v) be free from viruses, adware, bit torrents and/or malware, or adversely effect on the operation of the Website(s), and (vi) comply with all applicable data protection and privacy laws, regulations and codes of practice.

18. If and to the extent that UCAS Media places cookies on devices of users of the Advertiser's Site(s) or uses data collecting technology to track impressions and related data (‘Advertiser Data’), UCAS Media shall notify the Advertiser and the Advertiser shall ensure that the Advertiser's Site complies with all applicable data protection and/or privacy laws, regulations and codes of practice.
19. UCAS Media will use Advertiser Data solely in relation to the Advertiser's particular advertising campaign. Advertiser Data collected by UCAS Media will be treated as the confidential information of the Advertiser and will not be disclosed by UCAS Media to any third party (other than UCAS Media's affiliates, agents and professional advisers as required in complying with its obligations under these Terms) without the Advertiser’s approval. 

Data Collecting

20. The Advertiser shall not use data collecting technology without UCAS Media’s written authorisation and agrees to use such data collecting technology and all data collected from it solely in the manner authorised by UCAS Media.

21. Any data collected by Advertiser through such data collecting technology will be confidential information owned by UCAS Media and will not be disclosed by the Advertiser without the prior approval of UCAS Media. In no event shall Advertiser use such data collecting technology or the data collected for the purpose of tracking or targeting users when they leave the Website or combine such data with information from other sources, without UCAS Media’s approval. Advertiser shall comply with UCAS Media’s privacy policy and all applicable laws and regulations with respect to data collection. The Advertiser shall delete all data collected from its servers within a reasonable period and if and as required by UCAS Media and/or authorised legal or regulatory authorities.

UCAS Media’s Liability

22. UCAS Media accepts no responsibility for any interruption or delay experienced in delivering any Advertisement copy to UCAS Media or any loss or damage to any materials. The Advertiser shall retain sufficient back-ups or copies of data and/or materials supplied to UCAS Media.

23. UCAS Media will not be responsible for any acts on its part which are required by any authority having responsibility for the regulation of online adverting.

24. UCAS Media cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of UCAS Media. However, UCAS Media will use reasonable efforts to comply with the wishes of the Advertiser.

25. If a booked Advertisement is not posted due solely to a mistake made by UCAS Media, UCAS Media will try to re-schedule the posting at the earliest available opportunity. If the revised timing is not acceptable to the Advertiser, the original booking will be cancelled UCAS Media will refund any fee paid by the Advertiser in advance. This shall be the Advertiser's sole remedy for failure to publish the advertisement.

26. UCAS Media shall not be responsible for errors in the materials provided and it is the Advertiser's responsibility to inform UCAS Media of any errors, to resupply materials and to assist UCAS Media in preventing any repetition of the error.

27. UCAS Media shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving(s), loss of income and/or any indirect loss suffered by the Advertiser or any loss which could not be contemplated by UCAS Media and the Advertiser, and UCAS Media's maximum total liability for any and all loss(es) or damage arising in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total fee actually paid by or on behalf of the Advertiser for the relevant Advertisement.

28. UCAS Media does not guarantee continuous, uninterrupted access to the Advertisement(s) by users of the Websites but uses reasonable efforts to provide this. In addition, UCAS Media will not be responsible for any failure or delay affecting the transmission of the Websites and any Advertisements contained in them, in any manner where such failure or delay is beyond the reasonable control of UCAS Media.

29. For the avoidance of doubt, nothing in these Terms will limit or exclude UCAS Media's responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.

30. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.

Advertiser’s Liability

31. The Advertiser accepts all liability for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by UCAS Media in accordance with these Terms.

Copyright and Intellectual Property

32. UCAS Media owns the copyright in all Advertisements it writes or designs and in those written or designed on its behalf.

33. The Advertiser grants UCAS Media the right (without fee or royalty):
(i) to use such of the Advertiser's names, trade marks and/or logos as UCAS Media may consider necessary for the purposes of publishing the Advertisements; and
(ii) to reproduce the Advertisement in any media at any time from the date the Advertisement was last published for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website will be subject to variation at UCAS Media's sole discretion.

Cancellation

34. The Advertiser may cancel an Advertisement provided that notice in writing is received by UCAS Media within the relevant cancellation period which is 30 days unless agreed otherwise. Please send notice of your intention to cancel to the person who made your booking. Cancellation will only be effective once we have confirmed to you, receipt of your notice.

35. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, UCAS Media may treat the order as cancelled.

General

36. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.

37. Any failure or delay on the part of UCAS Media in exercising its rights or remedies provided by these Terms, shall not be deemed as waiving that or any other right or remedy under these Terms.

38. Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture or relationship other than one at arm’s length, between customer and supplier. Neither party shall have or hold themselves out as having the authority to act for, bind or otherwise create or accept any obligation on behalf of the other.

39. These Terms and the documents referred to herein replace all previous agreements between the Advertiser and UCAS Media, and are the entire agreement between the Advertiser and UCAS Media in respect of the Advertisements. To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.

40. These Terms and the obligations, contractual and non-contractual arising from them, shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to any disputes which may occur between parties in relation to them.

Exhibitor and Marketing Terms and Conditions

Click here to view terms and conditions for Exhibitions, Conferences and Subject Specific Events

All bookings made are accepted by UCAS Media Limited (‘the Company’) on the following terms and conditions. You should ensure that you have read them before completing your booking. The Organiser reserves the right to grant or refuse any booking at its sole discretion.

 

Daily Domicile Reports – Terms of Supply

 

UCAS comprises the Universities and Colleges Admissions Service and UCAS Media and provides Customers who subscribe to this service with a weekly report with the number of new applicants grouped by domicile for the Customer’s internal use.

 

The Daily Domicile Data can only be used for the Agreed Purpose and is subject to the following Terms. Together with your order form / order confirmation these Terms comprise the entire agreement between you and UCAS in respect of the supply of the Daily Domicile Reports (our ‘Licence’).

 

UCAS reserves the right to vary, update or replace these Terms at any time and will make the latest iteration of these Terms available to you on www.ucasmedia.com.

1. Definitions

1.1. In these Terms, the terms below have the following meanings:

1.1.1. ‘Agreed Purpose’ means the Customer’s internal use within its own organisation only.

1.1.2 ‘Combined Data’ means the Daily Domicile Data combined with any other data or information.

1.1.3. ‘Customer’, 'You', 'you' and 'your' means the natural or legal person, or body of persons corporate or incorporate subscribing to the Daily Domicile Reports service.

1.1.3. ‘Daily Domicile Data’ means rounded data comprising the number of new applicants grouped by domicile for the current application cycle together with any data provided from the last four application cycles.

1.1.4. ‘Daily Domicile Reports’ means the weekly supply of the Daily Domicile Data provided in PDF format

1.1.5. ‘Licence Period’ means 5 December 2016 until 30 January 2017.

1.1.6. 'Licensor', ‘UCAS’, ‘We’, ‘we’, ‘Our’, ‘our’, ‘Us’ or ‘us’ means the Universities and Colleges Admissions Service and/or any of its group companies.

2. Interpretation

2.1. Use of singular forms of address under these Terms shall have the same meaning in respect of the multiple form in each case.

3. Using the Daily Domicile Report

3.1. UCAS grants you a limited, non-exclusive, non-transferable, non-assignable and revocable licence to use the Daily Domicile Data strictly for the Agreed Purpose.

3.2. The Daily Domicile Data will be made available to you upon receipted payment of the agreed fee (the ‘Fee’) for the Licence Period.

3.3. The Daily Domicile Data as is provided in the following formats:

3.3.1. a weekly Daily Domicile Report;

3.3.2. a CSV file containing the Daily Domicile Data from the first date in the cycle and the latest week in the application cycle until the end of the Licence Period.

3.3.3. Daily Domicile Data from the last four application cycles which shall be provided with the first Daily Domicile Report only.

3.4. The rights granted to you include the right to:

3.4.1. store and access the Daily Domicile Data for the Agreed Purpose; and

3.4.2. adapt, combine or aggregate the Daily Domicile Data with other data or information to enable you to Use the Daily Domicile Data for the Agreed Purpose.

3.5. These are important conditions of this Licence and if you fail to comply with them the rights granted to you under this Licence, or any similar licence granted by the Licensor, will end automatically.

3.6. The Licence does not affect your freedom under fair dealing or fair use or any other copyright or database right exceptions and limitations.

3.7. Except as expressly set out in this Licence, or as permitted by law, you may not:

3.7.1. publish or permit to be published any of the Daily Domicile Data or any results, trends or information derived from the Daily Domicile Data

3.7.2. use the Daily Domicile Data for any purpose contrary to any law or regulation or any regulatory code, regulatory guidance, or regulatory request.

3.7.3. circulate any of the Daily Domicile Data outside your organisation.

3.7.4. sell or use (or permit to be sold or used) any Daily Domicile Data to make financial or commercial gain.

3.7.5.use the Daily Domicile Data in your products or services.

4. Exemptions

4.1. This Licence does not cover:

4.1.1. any third party rights; and

4.1.2. other intellectual property rights, including trademarks and design rights.

5. No Warranty

5.1. The Daily Domicile Data is supplied 'as is' and UCAS excludes all representations, warranties, obligations and liabilities and offers no indemnity in relation to the Daily Domicile Data or accuracy thereof to the maximum extent permitted by law.

5.2. UCAS offers no warranty regarding the frequency with which Daily Domicile Data files for download shall be updated.

6. Liability

6.1. UCAS is not liable for any errors or omissions in the Daily Domicile Data nor shall we be liable for any loss, injury or damage of any kind caused by its use.

6.2. We do not guarantee the continued supply of the Daily Domicile Data.

6.3. You will indemnify UCAS on demand and hold UCAS harmless in the event of any claim or accusation that the your use of the Daily Domicile Data in any way infringes the rights, injures, offends, harms or damages the reputation of any third party, subject to our notifying you if and when we are in receipt of any such claim or are notified of any such accusation.

7. Suspension

7.1. UCAS may suspend the supply of Daily Domicile Data if:

7.1.1. UCAS has reasonable grounds to believe that Customer has not complied with these Terms; or

7.1.2. the provision of the Daily Domicile Data to Customer would or would be likely to damage, or the acts or omissions of Customer have damaged, the goodwill or reputation of UCAS.

7.2. UCAS will notify Customer of such suspension and the cause as soon as reasonably possible (and where reasonably practical, will endeavour to give notice in advance of such suspension).

7.3. UCAS will notify Customer of the outcome of any investigation.

7.4. Suspension shall not affect Customer's obligation to pay the Fee during any period of suspension. UCAS reserves the right to charge Customer a reasonable administration fee for removal or reinstatement of any supply of Daily Domicile Report.

8. Termination for Breach

8.1. Either party may terminate this Licence if the other party is in material or persistent breach of these Terms, by giving written notice specifying the breach and (if capable of remedy) requiring it to be remedied. If the breach is not remedied within twenty-one (21) days of the date of the notice then this Licence shall end on the expiry of the notice period. If the breach is not remediable, termination will take effect immediately.

8.2. If UCAS has reasonable grounds for believing that Customer is in breach of clause 3 UCAS may immediately suspend the supply of Daily Domicile Report under clause 7 and if Customer fails to correct such breach (if capable of remedy) within seven (7) days of receiving notice of such breach, UCAS may immediately terminate this Licence by written notice to Customer.

9. Termination for Insolvency

9.1. Either party may terminate this Licence in whole or in part immediately by notice in writing if the other party:

9.1.1. ceases, threatens to, or suspends trading or carrying on business (other than temporarily by reason of a strike); or

9.1.2. suspends payment of its debts or is or becomes unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986) or commits any act of insolvency, or enters into a composition or voluntary arrangements with its creditors, or has a receiver or administrator appointed over the whole or any part of its business or assets, or has a creditor’s winding up petition advertised against it in the appropriate gazette, or passes a resolution to wind up (other than for the purposes of a solvent amalgamation or reconstruction), or is the subject of any action or procedure commenced in any jurisdiction which is similar to or analogous with any above-mentioned action or procedure.

10. Termination for Convenience

UCAS may terminate this Licence for any reason or none by giving Customer fourteen (14) days’ written notice.

11. Effect of Termination

11.1. On termination or expiry of this Licence:

11.1.1. Clause 3.7 shall survive expiration or termination of this Agreement.

11.1.2. If UCAS terminates this Licence pursuant to section 9 or 10 then any amounts payable shall fall immediately due and you shall not be entitled to any refund of the Fee in respect of any unexpired Licence Period.

12. Governing Law

This Licence is governed by the laws of England and any dispute or claim which arises, shall be subject to the jurisdiction of the English Courts.

 

Student Decisions Report – Terms of Supply

UCAS comprises the Universities and Colleges Admissions Service and UCAS Media and provides Customers with a report of applicant survey responses and/or competitor comparisons for the Customer’s internal use. The Student Decision Reports can only be used for the Agreed Purpose and is subject to the following Terms. Together with your order acknowledgement / order confirmation these Terms comprise the entire agreement between you and UCAS in respect of the supply of the Student Decision Reports (our ‘Licence’).

UCAS reserves the right to vary, update or replace these Terms at any time and will make the latest iteration of these Terms available to you on www.ucasmedia.com.

1. Definitions

1.1. In these Terms, the terms below have the following meanings:
1.1.1. ‘Agreed Purpose’ means the Customer’s internal use within its own organisation only.
1.1.2 ‘Combined Data’ means the Student Decisions Report combined with any other data or information.
1.1.3. ‘Customer’, 'You', 'you' and 'your' means the natural or legal person, or body of persons corporate or incorporate purchasing the Student Decisions Report.
1.1.4. ‘Student Decisions Report’ means the report with anonymised survey responses detailing the reasons for applicants’ decisions when choosing between offers from providers and courses, and what applicants consider important when selecting where and what to study.  The type of report will be detailed on the Order Acknowledgement. 
1.1.5. 'Licensor', ‘UCAS’, ‘We’, ‘we’, ‘Our’, ‘our’, ‘Us’ or ‘us’ means the Universities and Colleges Admissions Service and/or any of its group companies.

2. Interpretation

2.1. Use of singular forms of address under these Terms shall have the same meaning in respect of the multiple form in each case.

3. Using the Student Decisions Reports

3.1. UCAS grants you a limited, non-exclusive, non-transferable, non-assignable and revocable licence to use the Student Decisions Reports strictly for the Agreed Purpose.
3.2. The Student Decisions Reports will be made available to you upon receipted payment of the agreed fee (the ‘Fee’).
3.3. The Student Decisions Report as is provided in the following format: PDF and csv files.
3.4. The rights granted to you include the right to:
3.4.1. store and access the Student Decisions Report for the Agreed Purpose; and
3.4.2. adapt, combine or aggregate the Student Decisions Report with other data or information to enable you to Use the Student Decisions Reports for the Agreed Purpose.
3.5. These are important conditions of this Licence and if you fail to comply with them the rights granted to you under this Licence, or any similar licence granted by the Licensor, will end automatically.
3.6. The Licence does not affect your freedom under fair dealing or fair use or any other copyright or database right exceptions and limitations.
3.7. Except as expressly set out in this Licence, or as permitted by law, you may not:
3.7.1. publish or permit to be published any of the Student Decisions Report or any results, trends or information derived from the Student Decisions Report
3.7.2. use the Student Decisions Reports for any purpose contrary to any law or regulation or any regulatory code, regulatory guidance, or regulatory request.
3.7.3. circulate any of the Student Decisions Report outside your organisation.
3.7.4. sell or use (or permit to be sold or used) any Student Decisions Report to make financial or commercial gain.
3.7.5.use the Student Decisions Report in your products or services.

4. Exemptions

4.1. This Licence does not cover:
4.1.1. any third party rights; and
4.1.2. other intellectual property rights, including trademarks and design rights.

5. No Warranty

5.1. The Student Decisions Report is supplied 'as is' and UCAS excludes all representations, warranties, obligations and liabilities and offers no indemnity in relation to the Student Decisions Report or accuracy thereof to the maximum extent permitted by law.
5.2. UCAS offers no warranty regarding the frequency with which Student Decisions Report files for download shall be updated.

6. Liability

6.1. UCAS is not liable for any errors or omissions in the Student Decisions Report nor shall we be liable for any loss, injury or damage of any kind caused by its use.
6.2. We do not guarantee the continued supply of the Student Decisions Report.
6.3. You will indemnify UCAS on demand and hold UCAS harmless in the event of any claim or accusation that the your use of the Student Decisions Report in any way infringes the rights, injures, offends, harms or damages the reputation of any third party, subject to our notifying you if and when we are in receipt of any such claim or are notified of any such accusation.

7. Termination for Breach

7.1. Either party may terminate this Licence if the other party is in material or persistent breach of these Terms, by giving written notice specifying the breach and (if capable of remedy) requiring it to be remedied. If the breach is not remedied within twenty-one (21) days of the date of the notice then this Licence shall end on the expiry of the notice period. If the breach is not remediable, termination will take effect immediately.
7.2. If UCAS has reasonable grounds for believing that Customer is in breach of clause 3 UCAS may immediately suspend the supply of Student Decisions Report under clause 7 and if Customer fails to correct such breach (if capable of remedy) within seven (7) days of receiving notice of such breach, UCAS may immediately terminate this Licence by written notice to Customer.

8. Termination for Insolvency

8.1. Either party may terminate this Licence in whole or in part immediately by notice in writing if the other party:
8.1.1. ceases, threatens to, or suspends trading or carrying on business (other than temporarily by reason of a strike); or
8.1.2. suspends payment of its debts or is or becomes unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986) or commits any act of insolvency, or enters into a composition or voluntary arrangements with its creditors, or has a receiver or administrator appointed over the whole or any part of its business or assets, or has a creditor’s winding up petition advertised against it in the appropriate gazette, or passes a resolution to wind up (other than for the purposes of a solvent amalgamation or reconstruction), or is the subject of any action or procedure commenced in any jurisdiction which is similar to or analogous with any above-mentioned action or procedure.

9. Termination for Convenience

UCAS may terminate this Licence for any reason or none by giving Customer fourteen (14) days’ written notice.

10. Effect of Termination

10.1. On termination or expiry of this Licence:
10.1.1. Clause 3.7 shall survive expiration or termination of this Agreement.
10.1.2. If UCAS terminates this Licence pursuant to section 9 or 10 you shall not be entitled to any refund of the Fee in respect of any unexpired Licence Period.

11. Governing Law

This Licence is governed by the laws of England and any dispute or claim which arises, shall be subject to the jurisdiction of the English Courts.