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.ucas.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 to 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.