Edu UK Topco Limited (we / us)
are committed to protecting and respecting your privacy, and that of your
clients, the prospective students who use your services (Students).
or all of the following applications, software and services (together CourseFinder):
mobile application software (Mobile App), available
from various websites (App Sites), once you have downloaded or streamed
a copy of the Mobile App onto your mobile telephone or handheld device (Device);
Course Finder web
application software (Web App); and
any of the
services accessible through the Mobile App or Web App (Services).
use of CourseFinder is limited to assisting Students with the evaluation of
their options for courses in Europe, North America, Australia and New Zealand
during exhibitions and counselling sessions with you and to provide you and the
Students with course and institution details (the Purpose).
We only supply CourseFinder for use by agents engaged by
us or other members of our group (Study Group Agent).
terms, guidelines and instructions we give you (together the User Agreement),
constitute the agreement between us and you in relation to access and use by
you of CourseFinder.
you will be deemed to have read and accepted this User Agreement.
must not use CourseFinder if you do not accept the User Agreement.
laws of England and Wales apply to your use of CourseFinder and this User
Agreement. We control CourseFinder from within the United Kingdom. However, you
can access CourseFinder from other places around the world. Although these
places may have different laws from the laws of England and Wales, by using
CourseFinder you agree that the laws of England and Wales will apply to
everything relating to your use of CourseFinder and you agree to keep to these
laws. Each party irrevocably agrees that the courts of England and Wales shall
have exclusive jurisdiction to settle any dispute or claim arising out of or in
connection with this User Agreement or its subject matter or formation
(including non-contractual disputes or claims).
agreement is drafted in the English language. If this agreement is translated
into any other language, the English language version shall prevail.
us for the use of CourseFinder. We licence use of CourseFinder to you on the
appstore provider or operator from whose App Sites you downloaded the Mobile
App (Appstore Rules).
We do not sell CourseFinder to you. We remain the owners
of CourseFinder at all times.
By downloading the
Mobile App from the App Sites, or accessing the Web App, and accepting the
terms and conditions you agree to the terms of the licence in these Terms of
Use which will bind you.
If you do not
agree to the terms of this licence, we will not license CourseFinder to you and
you must not accept the terms and conditions when you download or first log-on
to CourseFinder. You must also remove the Mobile App from any Device which you
have downloaded it to.
updates or supplements to CourseFinder, unless they come with separate terms,
in which case those terms apply. If any open-source software is included in
CourseFinder, the terms of an open-source licence may override some of the
We may change these terms at any time by notifying you of
a change when you next start CourseFinder. The new terms may be displayed
on-screen and you may be required to read and accept them to continue your use
From time to time updates to CourseFinder may be issued
through the App Sites. Depending on the update, you may not be able to use
CourseFinder until you have downloaded or streamed the latest version of
CourseFinder (if you are using the Mobile App) and accepted any new terms (if
you are using the Mobile App or the Web App).
You will be assumed to have obtained permission from the
owners of the Device to download or stream a copy of CourseFinder onto the
Device if the Device is controlled, but not owned, by you. You and they may be
charged by your and their service providers for internet access on the Device.
for the use of CourseFinder on or in relation to any Device, whether or not it
is owned by you.
CourseFinder may contain links to other independent
third-party websites (Third-party Sites). Third-party Sites are not
under our control, and we are not responsible for and do not endorse their
content or their privacy policies (if any). You will need to make your own
independent judgement regarding your interaction with any Third-party Sites,
including accessing and relying upon any information contained therein and the
use of any products or services accessible through them.
2.2. GRANT AND SCOPE OF LICENCE
In consideration of you agreeing to abide by these Terms
of Use, we grant you a non-transferable, non-exclusive licence to use
CourseFinder (whether on the Device or through the Web App) for the Purpose,
You may view, use and display
CourseFinder only for the Purpose.
2.3. USE AND LICENCE RESTRICTIONS
permitted by any local law, you agree:
only to utilise
information, content or any data you view and/or obtain from CourseFinder for
not to use
CourseFinder other than for the Purpose in a business capacity and you
acknowledge that any such other use is strictly prohibited and is a violation
to comply with all
applicable laws and regulatory requirements related to the use of CourseFinder;
accurate and complete information when using CourseFinder (including without
limitation, information about yourself and your organisation), and where
possible notify us of any suspected errors or omissions in data provided on and
through CourseFinder; and
to read and comply
not to copy
CourseFinder except where such copying is incidental to normal use of
CourseFinder, or where it is necessary for the purpose of back-up or
not to rent,
lease, sub-license, loan, translate, merge, adapt, vary or modify CourseFinder;
not to make alterations
to, or modifications of, the whole or any part of CourseFinder, or permit
CourseFinder or any part of it to be combined with, or become incorporated in,
any other programs;
not to utilise
information, content or any data you view on, and/or obtain from, CourseFinder
to provide any service that is competitive, in our sole discretion, with the
services provided by us and the members of our group;
disassemble, decompile, reverse-engineer or create derivative works based on
the whole or any part of CourseFinder or attempt to do any such thing;
to include our
copyright notice on all entire and partial copies you make of CourseFinder on
any medium (including print-outs or emails generated and/or sent from
not to remove any
copyright, trademark or other proprietary rights notices contained in or
CourseFinder, including those of Study Group or any of its licensors;
not to provide or
otherwise make available CourseFinder in whole or in part (including object and
source code), in any form to any person without prior written consent from us;
to comply with all
technology control or export laws and regulations that apply to the technology
used or supported by CourseFinder (Technology),
the Licence Restrictions.
2.4. ACCEPTABLE USE RESTRICTIONS
only collect and
submit to CourseFinder the following Personal Data relating to Students: their
name (for the purpose of creating a Student shortlist of courses) and their
CourseFinder in any unlawful manner, for any unlawful purpose, or in any manner
example, by hacking into or inserting malicious code, including viruses, or
harmful data, into CourseFinder;
not infringe our
intellectual property rights or those of any third party in relation to your
use of CourseFinder or any Service (to the extent that such use is not licensed
not transmit any
material that is defamatory, offensive or otherwise objectionable in relation
to your use of CourseFinder or any Service;
CourseFinder in a way that could damage, disable, overburden, impair or
compromise our systems or security or interfere with other users; and
not collect or
harvest any information or data from CourseFinder or our systems or attempt to
decipher any transmissions to or from the servers running CourseFinder,
the Acceptable Use Restrictions).
You agree only to use CourseFinder in relation to your
role and duties as a Study Group Agent and not to use CourseFinder for any
other commercial, business or resale purposes.
Your email address and password are personal to you. Keep
your log in, password or any other piece of information that is part of our
security procedures confidential, do not use other Agents’ accounts and do not
let others use your account, unless specifically authorised to do so by us. You
will not do anything which would assist anyone who is not a registered user of
CourseFinder to gain access to CourseFinder. You are responsible to notify your
account manager contact of any breach of security to your account of which you
2.6. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in CourseFinder
and the Technology anywhere in the world belong to us or our licensors, that
rights in CourseFinder are licensed (not sold) to you, and that you have no
rights in, or to, CourseFinder or the Technology other than the right to use
You acknowledge that you have no right to have access to
CourseFinder in source-code form.
We provide all information available on and through
CourseFinder on an “as is” and “as available” basis. We do not provide any
express warranties or representations in relation to the accuracy or
completeness of such information (including but not limited to course dates, course
prices, progression routes and entry requirements) although we do use our
reasonable endeavours to ensure that it is accurate.
You use CourseFinder entirely at your own risk and if you
are dissatisfied or harmed by the use of CourseFinder or anything related to
it, you may deregister from CourseFinder and terminate this User Agreement in
accordance with its terms and such termination shall be your sole and exclusive
As far as the relevant law allows, we:
do not guarantee
that CourseFinder will function without interruption, delay or errors in
responsibility and disclaim all liability for any such interruption, delay or
errors in functioning; and
do not give you
any guarantees that the Device or computer that you use to access CourseFinder is
free of viruses or other harmful programmes. Whilst we take every step to
ensure that our hosting servers, software and databases are secure and free of
viruses and other harmful programmes, you must take your own precautions in
this respect as we accept no responsibility for any infection by such
2.8. LIMITATION OF LIABILITY
You acknowledge that CourseFinder has not been developed
to meet your individual requirements.
Neither we nor any of our group, employees, shareholders,
or directors shall be liable for any direct, special, incidental, indirect,
punitive or consequential damages or loss of use, profit, business or business
opportunities, goodwill, revenue or data to you or any third person arising
from your use of CourseFinder or any of the content or other materials on or
accessed through CourseFinder, even if we are aware or have been advised of the
possibility of such damages.
or exclude our liability for:
death or personal
injury resulting from our negligence;
fraudulent misrepresentation; and
liability that cannot be excluded or limited by English law.
You indemnify us and hold us harmless from any direct or
indirect damages, losses and costs (including, but not limited to, reasonable
solicitors’ fees) related to third party claims, charges or investigations, caused
by: (i) your failure to comply with this User Agreement, including, without
limitation, your submission of information that violates third party rights or
applicable laws; or (ii) any activity in which you engage on or through
written notice to you:
if you commit a
you fail to remedy (if remediable) within 14 days after the service of written
notice requiring you to do so;
if you breach any
of the Licence Restrictions or the Acceptable Use Restrictions; or
if you cease to be
a Study Group Agent.
from CourseFinder. To do so, please email your account manager contact, stating
your reasons for de-registering. Your request for de-registering will be
acknowledged and you will be informed when it is has been accepted and will be
On termination for any reason:
all rights granted
your use of CourseFinder;
immediately delete or remove CourseFinder from all Devices; and
your username and
password will be deactivated and you will cease having access to the
functionality of CourseFinder.
2.11. COMMUNICATION BETWEEN US
If you wish to contact us in writing, or if any condition
this to us by e-mail to your account manager contact.
If we have to contact you or give you notice in writing,
we will do so by e-mail to the address you provide to us in your request for
2.12. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to
perform, or delay in performance of, any of our obligations under these Terms
of Use that is caused by any act or event beyond our reasonable control,
including failure of public or private telecommunications networks (Event Outside Our Control).
If an Event Outside Our Control takes place that affects
Outside Our Control.
2.13. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these
You may only transfer your rights or obligations under
If we fail to insist that you perform any of your
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.
separately. If any court or competent authority decides that any of them are
unlawful or unenforceable, the remaining conditions will remain in full force
3.1. SCOPE OF PRIVACY
This policy sets out the basis on which any Personal Data
we collect from you, or that you provide to us, will be processed by us. Please
read the following carefully to understand our views and practices regarding Personal
Data and how we will treat it.
“Personal Data” is information about you (as a
Study Group Agent using CourseFinder) or Students which you input into
CourseFinder as part of your use of it and which is personally identifiable,
such as name, address, job title, e-mail address, phone number or other contact
details, as well as other non-public information associated with such
For the purpose of the UK Data Protection Act 1998, the
data controller is Edu UK Topco Limited of Brighton Study Centre, 1 Billinton
Way, Brighton, East Sussex BN1 4LF.
WE MAY COLLECT FROM YOU
We may collect and process the following Personal Data about
you and Students:
information that you provide about yourself or a Student by filling in forms on
CourseFinder and/or the App Sites, including the Device's telephone number.
This includes information provided at the time of registering to use the App or
any of the Services and making use of the functionality of CourseFinder
(including but not limited to the generation of reports and emails). We may also
ask you for information when you report a problem with, or send feedback in
relation to, CourseFinder.
if you contact us,
we may keep a record of that correspondence;
we may also ask
you to complete surveys that we use for research purposes, although you do not
have to respond to them; and
details of your use
of CourseFinder including, but not limited to, traffic data, location data,
weblogs and other communication data and the resources that you access.
information: we may
collect information about the Device or any computer you may use to download or
stream a copy of the App onto your Device or access the Web App, including,
where available, the Device's or computer's unique Device identifiers,
operating system, browser type and mobile network information as well as the
Device's telephone number, for system administration and to report aggregate
information to us and members of our group. We may associate Device information
with Submitted Information and will treat the combined information as Personal
Data in accordance with this policy for as long as it is combined.
Log information: when you use CourseFinder, we may
automatically collect and store certain information in server logs, including
but not limited to internet protocol (IP) addresses,
internet service provider (ISP), clickstream data,
browser type and language, viewed and exit pages and date or time stamps.
3.3. SUBMISSION OF
By submitting Personal Data to us through CourseFinder relating
only to you, you grant us the rights to retain, use and process that Personal
Data in accordance with the terms of this User Agreement. The Personal Data
relating to you which is captured, used and stored by CourseFinder is limited
to: your name, your URN, the name of the organisation you work for, your email
address and other contact details.
By submitting Personal Data to us through CourseFinder relating
to a Student, you confirm that you have notified the Student that their Personal
Data shall be submitted, used and processed, and have the full consent of the
Student to submit, and for us to use and process, their Personal Data in
accordance with the terms of this User Agreement. The Personal Data relating to
Students which is captured, used and stored by CourseFinder is limited to:
their name and their email address.
3.4. WHERE WE STORE
The data that we collect from you may be transferred to,
and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside
the EEA who work for us or for one of our suppliers. By submitting the Personal
Data, you agree to this transfer, storing or processing. All information you
provide to us is stored on our secure servers and we will take all steps
reasonably necessary to ensure that the data is treated securely and in
Unfortunately, the transmission of information via the
internet is not completely secure. Although we will do our best to protect the Personal
Data, we cannot guarantee the security of the data transmitted to us; any
transmission is at your own risk. Once we have received your information, we
will use strict procedures and security features to try to prevent unauthorised
3.5. USES MADE OF THE
We use the information collected from you in the
information is only used by us to identify you; it is collected solely during
and for the operation of CourseFinder and to enable you to use all of
CourseFinder’s functionality (including but not limited to the generation of
reports and emails). The Submitted information remains on your Mobile App and
is accessible on the Web App until you delete it. None of the Student’s Personal
Data is used by us, and only remains stored on our servers for the purpose of
your Mobile App or your Web App.
information may be used by us, members of our group and our suppliers to
analyse usage of CourseFinder, including but not limited to how often pages are
looked at, how often users use, and how often they spend using, CourseFinder.
This information also allows us, members of our group and our suppliers to
monitor usage for the purpose of completing statistics and reports, and for the
running of competitions and awarding prizes.
information is used to ensure compatibility with Devices and performance
analytics for future updates to ensure a smooth user experience.
Log information: this information is used to ensure
compatibility with browsers and IT equipment and to provide performance
analytics for future updates to ensure a smooth user experience.
3.6. DISCLOSURE OF
We may disclose the Personal Data to any member of our
group, which means our subsidiaries, our ultimate holding company and its
subsidiaries, as defined in section 1159 of the Companies Act 2006.
We will not disclose any Personal Data obtained from you
(including your or any Students’ Personal Data) to third parties. In certain
circumstances we may need to disclose information about you if you breach the user Agreement. We may also disclose or
access your account if required to do so by the laws of the UK or any other
jurisdiction, including but not limited to the EU and the USA, or by any other
statutory or non-statutory or other governmental, non-governmental or judicial
3.7. ACCESS TO
The Data Protection Act 1998 gives you the right to
access information held about you. Your right of access can be exercised in
accordance with that Act. Any access request may be subject to a fee of £10 to
meet our costs in providing you with details of the information we hold about
3.8. CHANGES TO
future will be posted on this page and, where appropriate, notified to you when
you next start or access CourseFinder. The new terms may be displayed on-screen
and you may be required to read and accept them to continue your use of CourseFinder.
Questions, comments and requests regarding these Terms of
updated: July 2014