$name

 

COURSE FINDER USER AGREEMENT (TERMS OF USE AND PRIVACY POLICY)

 

1.    COURSEFINDER USER AGREEMENT

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).

These terms of use (Terms of Use) and the privacy policy below (Privacy Policy) apply to your use of any or all of the following applications, software and services (together CourseFinder):

·         Course Finder 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).

Your 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).

The Terms of Use and the Privacy Policy set out below, and any other specific 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.

Please read these Terms of Use and Privacy Policy carefully, as once you use CourseFinder you will be deemed to have read and accepted this User Agreement.

You must not use CourseFinder if you do not accept the User Agreement.

The 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).

This agreement is drafted in the English language. If this agreement is translated into any other language, the English language version shall prevail.

 

2.    TERMS OF USE

These Terms of Use are a legal agreement between you and us for the use of CourseFinder. We licence use of CourseFinder to you on the basis of these Terms of Use and subject to any rules or policies applied by any 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.

Important notice:

·         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.

2.1.    ACKNOWLEDGEMENTS

These Terms of Use apply to CourseFinder, including any 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 terms of these Terms of Use.

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 of CourseFinder.

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. You accept responsibility in accordance with the terms of these Terms of Use 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, subject to these terms, the Privacy Policy and (where applicable) the Appstore Rules, incorporated into these Terms of Use by reference. We reserve all other rights.

You may view, use and display CourseFinder only for the Purpose.

2.3.    USE AND LICENCE RESTRICTIONS

Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:

(a)            only to utilise information, content or any data you view and/or obtain from CourseFinder for the Purpose;

(b)            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 of these Terms of Use;

(c)            to comply with all applicable laws and regulatory requirements related to the use of CourseFinder;

(d)            to provide 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

(e)            to read and comply in full with the terms of the Privacy Policy.

(f)             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 operational security;

(g)            not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify CourseFinder;

(h)            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;

(i)              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;

(j)             not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of CourseFinder or attempt to do any such thing;

(k)            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 CourseFinder);

(l)              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;

(m)          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; and

(n)            to comply with all technology control or export laws and regulations that apply to the technology used or supported by CourseFinder (Technology),

together, the Licence Restrictions.

2.4.    ACCEPTABLE USE RESTRICTIONS

You must:

(a)            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 email address;

(b)            not use CourseFinder in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into CourseFinder;

(c)            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 by these Terms of Use);

(d)            not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of CourseFinder or any Service;

(e)            not use CourseFinder in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(f)             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,

(together 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.

2.5.    PASSWORD SECURITY

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 become aware.

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 each of them in accordance with the terms of these Terms of Use.

You acknowledge that you have no right to have access to CourseFinder in source-code form.

2.7.    DISCLAIMER

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 remedy.

As far as the relevant law allows, we:

(a)            do not guarantee that CourseFinder will function without interruption, delay or errors in functioning;

(b)            accept no responsibility and disclaim all liability for any such interruption, delay or errors in functioning; and

(c)            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 programmes.

 

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.

Nothing in these Terms of Use shall limit or exclude our liability for:

(a)            death or personal injury resulting from our negligence;

(b)            fraud or fraudulent misrepresentation; and

(c)            any other liability that cannot be excluded or limited by English law.

2.9.    INDEMNITY

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 CourseFinder.

2.10.  TERMINATION

We may terminate these Terms of Use immediately by written notice to you:

(a)            if you commit a material or persistent breach of these Terms of Use or the Privacy Policy which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

(b)            if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; or

(c)            if you cease to be a Study Group Agent.

You may terminate these Terms of Use by de-registering 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 effective.

On termination for any reason:

(a)            all rights granted to you under these Terms of Use shall cease;

(b)            you must immediately cease all activities authorised by these Terms of Use, including your use of CourseFinder;

(c)            you must immediately delete or remove CourseFinder from all Devices; and

(d)            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 in these Terms of Use requires you to give us notice in writing, you can send 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 CourseFinder.

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 the performance of our obligations under these Terms of Use our obligations under these Terms of Use will be suspended for the duration of the Event Outside Our Control.

2.13.  OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use.

You may only transfer your rights or obligations under these Terms of Use to another person if we agree in writing.

If we fail to insist that you perform any of your obligations under these Terms of Use, 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.

Each of the conditions of these Terms of Use 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.

 

3.    PRIVACY POLICY

3.1.    SCOPE OF PRIVACY POLICY

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 information.

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.

3.2.    INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following Personal Data about you and Students:

(a)            Submitted Information: 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.

(b)            Additional information:

(i)              if you contact us, we may keep a record of that correspondence;

(ii)            we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them; and

(iii)           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.

(c)            Device 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.

(d)            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 PERSONAL DATA

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 PERSONAL DATA

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 accordance with our Privacy Policy.

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 access.

3.5.    USES MADE OF THE INFORMATION

We use the information collected from you in the following ways:

(a)            Submitted Information: This 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.

(b)            Additional information: this 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.

(c)            Device information: this information is used to ensure compatibility with Devices and performance analytics for future updates to ensure a smooth user experience.

(d)            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 YOUR INFORMATION

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 authority.

3.7.    ACCESS TO INFORMATION

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 you.

3.8.    CHANGES TO PRIVACY POLICY

Any changes we may make to our Privacy Policy in the 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.

3.9.    CONTACT

Questions, comments and requests regarding these Terms of Use or our Privacy Policy are welcomed and should be addressed to your account manager contact.

 

Last updated: July 2014