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.ucas.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.