UCAS NETWORK TERMS AND CONDITIONS
These are the terms and conditions (the ‘Terms’) on which you may make use of the website international.ucas.com and the UCAS international app (the ‘Sites’ or ‘Network’), whether as a guest or a registered user. Please read these Terms carefully before you start to use the Sites. By using the Sites, regardless of how you access it, you confirm that you accept these Terms and that you agree to abide by them. Please read them carefully.
If you do not agree to these Terms, please refrain from using the Sites.
1. About UCAS
1.1 UCAS is a company incorporated in England and Wales with company number 12083693 whose registered office is at Rosehill, New Barn Lane, Cheltenham, Gloucestershire, GL52 3LZ. Throughout these Terms, ‘UCAS’, ‘we’, ‘us’ shall mean UCAS.
1.2 You can contact us by telephone on 01242 639 282, by email to email@example.com or in writing to the above address.
1.3 Our role is to provide postgraduate support services across a range of areas, including admissions, scholarships, accommodation and job searches.
1.4 The services and the Sites for the app are provided to support the work of the Universities and Colleges Admissions Service (UCAS). UCAS. UCAS is a company limited by guarantee registered in England and a registered charity. UCAS also owns and manages the websites http://www.ucas.ac.uk/, http://www.ucas.co.uk/ careerfinder.ucas.com and http://www.ucas.com.
1.5. If you are a business user of the Sites and we have a commercial relationship with you, our agreement with you governing that relationship will take precedence over any conflicting paragraphs set out in these Terms.
2. Changes to the Terms
2.1 We reserve the right at all times to update, alter, amend, add to, remove or change any of these Terms. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the Sites after the variation has been published.
2.2 The current draft of these Terms was adopted and published in [29 January 2020].
3. Information about you and visits to the Sites
4. Access to and use of our Sites
4.1 You may only use the Sites for lawful purposes. When using the Sites, you must not:
4.1.1 decrypt, extract, disassemble, reverse-engineer or decompile the Sites
4.1.2 use the Sites in any way or for any purpose that is unlawful, improper or fraudulent, or that has any unlawful, improper or fraudulent purpose or effect
4.1.3 include any portion of the Sites in any other software program
4.1.4 develop methods to enable unauthorised parties to use the Sites
4.1.5 create any modifications or derivative works directly or indirectly using the Sites, or components thereof
4.1.6 damage, interfere with or disrupt the Sites in any way
4.1.7 use the Sites or information obtained from the Sites to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
4.1.8 use the Sites in a way which infringes the rights of or harasses, bullies, insults, intimidates or humiliates anyone else, is harmful to, or otherwise restricts or inhibits anyone else's use and enjoyment of the Sites
4.1.9 use the Sites to impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
4.1.10 post comments about yourself which are not in good faith and in accordance with your honestly held beliefs
4.1.11 use the Sites for the purpose of harming or attempting to harm minors in any way
4.1.12 use contact details obtained using the Sites to harass any person
4.1.13 use the Sites in any way that breaches any applicable local, national or international law or regulation
4.2 Access to the Sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Sites without notice. We will not be liable if for any reason the Sites or any content on it is unavailable at any time or for any period.
4.3 We will use our reasonable endeavours to make the Sites available but cannot guarantee that the Sites, or any content on them, will always be available or operate without interruption or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.4 We do not guarantee that our Sites will be secure or free from bugs or viruses. You are responsible for configuring your own IT systems to access our Sites, and you are also advised to use the appropriate antivirus software before and during access to the Sites.
4.5 You must not knowingly introducing viruses, trojans, worms, logic bombs or other forms of malware or other material that is malicious or technologically harmful to the Sites. You must not in any way attempt to interfere or otherwise tamper with the proper working of the Sites and/or its users, or gain unauthorised access to our Sites or the server on which our Sites is stored. In particular, you must not attack our Sites via a denial-of-service attack or distributed denial-of-service attack, nor attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, websites, router or any other internet connected device.
4.6 By breaching this provision, you may commit 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 Sites will cease immediately.
4.7 We reserve the right, at any time and for any reason or none, to suspend or terminate your access to, or use of, the Sites, or any part thereof. We may also restrict access to some parts of our Sites to users who have registered with us.
4.8 Where you choose or are provided with a Personal ID, code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Please ensure that you log off when not using the Sites and ensure that devices which you use to access the Sites are securely locked when not in your possession.
4.9 You must promptly notify us if you suspect there has been any unauthorised use of your Personal ID, code or password or any other breach of security. You will be responsible for all actions taken in relation to the use of your Personal ID, code or password unless you have notified us and provided us with evidence of any unauthorised use, and we are reasonably satisfied that the action was not taken by you.
4.10 We have the right to disable any Personal ID, code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your Personal ID, code or password contrary to these Terms.
5. Intellectual property rights
5.1 We are the owner or licensee of all copyright and other intellectual property rights in our Sites and in all material contained on the Sites.
5.2 You may access any part of the Sites and download or copy material (by printing off individual pages onto paper) or download material on to disk (but not on to any server or other device connected to a network) for personal non-commercial use only. The intellectual property rights in such material shall be retained by UCAS or, where the material has been licensed to UCAS, by the owners of the rights in the material. Copying, distributing or any use of the material contained on the Sites for any commercial purpose is prohibited unless we have explicitly allowed you to do so.
5.3 The Sites contains trade marks which belong to UCAS or which have been licensed to UCAS by the trade mark owners. Any use of these trade marks by you is forbidden unless prior written permission has been obtained from the trade mark owner.
5.4 You may not remove any copyright, trade mark or intellectual property notices contained in the original material from any material downloaded or copied from the Sites.
5.5 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation. You must not establish a link in a way to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Sites in any website that is not owned by you. Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than our homepage.
5.6 You must reproduce any copyright, trademark or intellectual property notices contained in, or referring to any original content you download or copy from the Sites.
5.7 You may not create a database by systematically downloading substantial parts of the Sites.
5.8 Any rights not expressly granted in these Terms, or any document referenced in them, are reserved to UCAS. UCAS reserves the right to take legal action against any individual or organisation which seeks to use UCAS’s name, material, logos or trademarks for unauthorised or unlawful purposes, or which otherwise fails to comply with the requirements of section 5.
6. Uploading content to the Sites
6.1 When you are invited to upload content you have created (‘Content’) you can do this by submitting it to us via our web form. You warrant that you are legally entitled to post the Content and to grant to us the licence referred to in clause 6.3 below. UCAS is making the content upload service available to you without charge and is not liable for technical, hardware, or software failures of any kind or lost, inconsistent or unavailable network connections that may limit or prohibit Content being uploaded.
6.2 We accept video files in various formats and there is data size limit for uploads.
6.3 By uploading Content you confirm that it is your own work and does not incorporate any intellectual property belonging to anyone else, unless that third party has given you explicit consent to use such content. You undertake that, prior to uploading any Content to our Sites, you have permission, including any assignments, waivers, licences, rights, consents, and permissions (‘Permissions’) in respect of anyone else's rights in or to the Content (including, without limitation, all intellectual property rights, moral rights, performance rights (which include any music used in your video) rights to privacy, image rights and publicity rights), which give you (and us, relying on your agreement to these Terms) the right to immediately use, publish, reproduce, distribute, produce derivative works of, edit, perform, display and broadcast the uploaded Content in any media formats and through any media channels without liability to any third party. UCAS reserves the right to require proof that all necessary Permissions have been given and you agree, on request, to provide written evidence of those Permissions (including parental consent if necessary) and perform such acts as UCAS may reasonably require.
6.4 By uploading or posting Content to our Sites, you grant to us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-license) to use, publish, reproduce, distribute, produce derivative works of, display, broadcast and perform the Content in part or as a whole, in any media formats and through any media channels.
6.5 By agreeing to these terms you agree that you waive all moral rights in the Content and all rights to object to derogatory treatment of the video content to which you are now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world. You are also waiving your right to be identified as the author and/or director of the video content, but UCAS will identify you as the creator of the work where UCAS deems it appropriate to do so, and in accordance with our obligations under data protection law.
6.6 You agree that you will not upload any Content that:
6.6.1 could be seen or interpreted as illegal, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, profane, vulgar, obscene, deceptive, discriminatory, provokes, encourages or incites prejudice, violence or hatred or is racially, ethnically, or otherwise objectionable, invasive of another person’s privacy or which infringes any person’s rights, fraudulent;
6.6.2 purports to come from or gives the impression of coming from another person without first having that person’s authority, or impersonates any person or entity, or misrepresents your relationship with any person or entity;
6.6.3 it is unlawful for you to possess in the country in which you are resident;
6.6.4 it would be unlawful for us to use or to hold or would infringe any UK laws;
6.6.5 may damage the reputation or good will of UCAS or that may damage the reputation or good will of any university or higher education establishment that UCAS works with;
6.6.6 provides any links to any website if the presence of such link and the content accessible through such link would breach these terms and conditions;
6.6.7 shares any unsolicited or unauthorised commercial advertising or promotional materials;
6.6.8 shares any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
6.6.9 promotes the use of alcohol or drugs.
6.7 Whether any content uploaded infringes any of the above rules shall be determined at UCAS' sole discretion and UCAS shall have no liability to you should we determine that your content is not acceptable. We will not be under any obligation to provide any reasons to you should we decide to not use your Content.
6.8 If any aspect of your Content infringes the requirements outlined in this clause 6, then we shall be entitled to recover any losses we suffer, which may include legal fees, fines, damages we are ordered to pay, and/or ongoing royalty payments to third-parties, we shall be entitled to seek recompense from you for such losses.
6.10 Your Content must not contain any personal data relating to anyone other than you. For example, any video you upload can only contain you and must not have anyone else in it, whether in the foreground, background or passing through the image. Where any content you provide to us includes personal data of another person we will delete the Content and make no use of it.
6.11 If you are under 16 years of age, then by uploading Content you confirm that you have the permission of your parent or guardian to do so.
6.12 You warrant that any Content uploaded by you shall fully comply with these Terms, and you will be liable to us and indemnify us for any breach of that warranty. If you are in any doubt about your Content or whether or not (being under 16 years) you have your parent's or guardian's permission, then you should not upload it.
6.13 We shall be entitled to disclose your identity to any third party who claims that any Content uploaded by you infringes their rights.
7. Links to other websites
7.1 The app provides links to website and other resources provided by third parties for information only and aims to link to websites that we feel will enhance your experience of using the Sites; please tell us if they don’t. When linking to third party websites, we use an icon to make it clear you are leaving our Sites.
7.2 The existence of links from the Sites to external websites should not be interpreted as, nor does it mean that we approve, endorse or promote those websites. We have no control over the content of those external websites or other third party resources, and accept no responsibility for and exclude all liability that may arise with respect to them or for any loss or damage that may arise from your use of them.
7.3 We do not represent that content available on or through our Sites is appropriate for use or available in locations other than the UK.
7.4 If content is paid for or sponsored, or if it is included within the context of an advert, we make this clear. We normally link to content which is free to access, but you may sometimes be asked to register or subscribe to an offer or service once you leave the Sites, by the operator of a linked website. We will not link to websites which require you to pay before you view the content on them.
7.5 We fix or remove missing, broken, or redirected links whenever we find them. If you spot anything which isn’t working in the way you would expect it to, please let us know.
8.1 The availability of courses of study is subject to conditions applied by individual institutions at their sole discretion, and UCAS accepts no responsibility or liability for any terms agreed between you and an individual institution.
8.2 The content of the Sites is provided for general information only and it is not intended to amount to any form of advice on which you should rely or recommendation upon which a specific decision should be made. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Sites.
8.3 Although UCAS makes reasonable efforts to ensure the information and materials contained on its Sites are up to date, UCAS makes no representations, warranties or guarantees, whether express or implied, that the content on the Sites is accurate, complete, reliable, up-to-date or error free. For example in relation to the Accommodation Finder, we make no representations, warranties or guarantees, whether express or implied that:
- the pricing of accommodation listings is accurate;
- the information contained within the listing is complete;
- the photographs depicting the listing are accurate; and
- he quality of the accommodation that is subject to the listing is of a good or reasonable standard.
9.1 UCAS does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by UCAS' negligence or the negligence of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation.
9.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in the agreement between us which governs that supply.
9.3 Institutions and business users only. UCAS excludes all implied conditions, warranties and representations or other terms that may apply to our Sites or any content on it. UCAS will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with your use of or inability to use the Sites, or your use of or reliance on any content displayed on our Sites. In particular, we will not be liable for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or for any indirect or consequential loss or damage.
9.4 Consumer users (for example, applicants, or students) only. Please note that UCAS only provides the Sites for domestic and private use. You agree not to use our Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
9.5 Whilst the Sites may from time to time contain advertising material, UCAS does not endorse or accept any liability for any of the products or services so advertised, or for any error or inaccuracy in the advertisements. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites complies with all relevant laws.
9.6 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control, including, without limitation, strikes, lock-outs, or other industrial disputes, breakdown of systems or network access, or flood, fire, explosion, pandemic or accident.
10.1 These Terms were originally written in English.
10.2 We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
11.1 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.
11.2 We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
11.3 We will take action against any individual who, or organisation which, seeks to use UCAS' name(s), material, logos or trademarks for unauthorised or unlawful purposes.
11,4 If you are a consumer, these Terms their subject matter and their formation shall be construed and interpreted in accordance with the laws of England and Wales. You and we both agree that the courts of England and Wales shall have exclusive jurisdiction in relation to any claim, dispute or other matters arising.
10.2 If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) shall be construed and interpreted in accordance with the laws of England and Wales, and we both agree that the courts of England and Wales shall have exclusive jurisdiction.
10.3 If any provision of these Terms 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 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.
10.4 The failure by us to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.