Terms and conditions - General
Terms and conditions for advertisers
1. These are the terms and conditions (the ‘Terms’) of UCAS Media Limited’s (UCAS Media) agreement with you (the ‘Agreement’) which govern your ability to advertise on the website currently located at: careerfinder.ucas.com (the ‘Website’). The Advertising Service and the CV Service shall each be a Service and collectively known as the ‘Services’. These Terms shall apply to the Services except for where they are expressly stated to apply to one Service only.
2. The advertising service (the ‘Advertising Service’) is the service provided by UCAS Media which allows recruiters (or the advertising agency or media buyer for such recruiter) to place and access their advertisements on, and to themselves upload recruitment advertisements to, the Website.
3. Advertisements (‘Advertisements’) for inclusion on the Website are accepted subject to these Terms and the advertising terms and conditions which are available at: https://www.ucasmedia.com/terms-and-conditions (the ‘Advertising Terms’). In the event of any inconsistency between these Terms and the Advertising Terms the Advertising Terms shall prevail.
Access to the Services:
4. UCAS Media permits the recruiter access to the Services on the basis that:
- a. you are:
- (i) a bona fide recruiter: either a direct employer or a recruitment consultant or advertising agency acting on the instructions of a recruiter or recruiters;
- (ii) a training or education provider; or
- (iii) a careers-related information provider.
- b. your password is personal to you and may not be used by any third party to access any of the Services or otherwise shared with or disclosed to any third party. If you become aware that any third party has access to your password, you must notify UCAS Media immediately and UCAS Media shall provide you with a new password as soon as reasonably practicable. You must keep your password safe and secure;
- c. you will not knowingly create additional accounts for the purpose of abusing the functionality of the Services or jobseekers who have signed up to use the Services, or other users nor will you attempt to impersonate another user or the representative of another user;
- d. you will not do anything which would help anyone who is not a registered user to gain access to the Services or misuse the Services;
- f. if, for any reason, we believe that you have not complied with these Terms or have, or are abusing the Services in any way, UCAS Media may, at its sole discretion, cancel, suspend or otherwise restrict your access to the Services immediately, without first notifying you.
Your Use of the Services:
5. You hereby warrant, represent and undertake to UCAS Media that:
- a. You will only use the Services and any information you receive under the Services for your recruitment related activities;
- b. You will not sell, sub-licence, sub-contract, rent or otherwise supply any information you receive under the Services in respect of a jobseeker on the UCAS Media Jobseeker database to any third party without our written approval provided that advertising agencies or media buyers for recruiters may sell, sub-licence, sub-contract, rent or otherwise supply the information provided under the Services to recruiters who have instructed them on a specific search and then only in respect of the specific search itself;
- c. You will not use the Services for the purpose of ‘mining’ the UCAS Media Jobseeker database for candidates for roles on which you have not yet been instructed by a recruiter. If we have reason to suspect you of mining our data in this way UCAS Media may, at its sole discretion, cancel, suspend or otherwise restrict your access to the Services immediately, without first notifying you;
- d. That you are registered with the Information Commissioner's Office (or you warrant that you are exempt) for the purpose of processing and controlling personal information you may store or utilise in any way in connection with use of the Services and you have complied and will comply with the terms of the Data Protection Act 1998, with all relevant requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as from time to time amended and with any guidance issued by the Information Commissioner’s Office; and
- e. Without prejudice to the provisions of paragraph 6d, you will keep all jobseekers' personal information confidential.
- f. You will not use the Services in any way to damage, demean or in any way diminish the image or reputation of UCAS Media, the Website or any other recruiters who use the Services;
Your Use of CVs provided to You:
6. In respect of CVs provided to you under the Services, you hereby warrant, represent and undertake to UCAS Media that you will:
- a. store jobseekers' CVs for your recruitment purposes only and only for as long as necessary to satisfy an immediate purpose; and
- b. permanently delete a jobseeker's CV from your database if the data subject requests, within a reasonable time of receiving that request.
- c. process or procure that ‘personal data’ (as defined under the Data Protection Act 1998 (the ‘Act’)) is processed in a manner compliant with the Seventh Principle of the Act.
SPECIAL TERMS OF ADVERTISING SERVICE
Terms of Access:
7. UCAS Media allows you access to the Advertising Service on the basis that, in addition to the provisions of paragraph 4 above and the Advertising Terms, you are fully responsible and liable for the acts and/or omissions of advertising agencies or media buyers placing advertising on behalf of your business, including:
- a. granting UCAS Media a non-exclusive, perpetual, royalty-free, worldwide licence to publish the Advertisements in any format, including without limitation electronic formats; and
- b. granting UCAS Media a royalty-free non-exclusive licence to use your names, trademarks and/or logos as UCAS Media may consider necessary in connection with publishing your Advertisements.
- c. uploading your Advertisements. Publication of any Advertisement is at UCAS Media's sole discretion. UCAS Media reserves the right to make additions, amendments or deletions to the content of any Advertisement if such Advertisement is considered to contain any unsuitable material or material which is contrary to these Terms and accepts no liability in respect of this right;
8. In addition to your acceptance of the Advertising Terms and the provisions of paragraph 7 above, you warrant, represent and undertake to UCAS Media that, you will or you will ensure that the advertising agency or media buyer responsible for your advertising will:
- a. not request financial information from jobseekers responding to an Advertisement; and b. be responsible for ensuring that all information in relation to any Advertisement is correct including the content of the Advertisement, the period of time over which the Advertisement is placed and the Advertising category.
9. In addition to your acceptance of the Advertising Terms you warrant, represent and undertake to UCAS Media that:
- a. the Advertisements are not libellous, blasphemous, racially inflammatory, offensive or obscene in any way and do not contravene any third party rights (including without limitation any intellectual property rights);
- b. the Advertisements are not contrary to the provisions of any applicable law or regulation;
- c. you will have all necessary rights, consents, licences, clearances and waivers in relation to the Advertisements (and all content thereof) to enable UCAS Media to publish the Advertisements. You are solely responsible for any and all payments due to third parties as a result of such publication;
- d. Advertisements submitted by you for publication online will be free of any computer code, programming instruction or set of instructions written with the intention and with the ability to damage, interrupt with or otherwise adversely affect the operation of computer programs, data files or hardware) and no material you might upload shall adversely effect the operation of the Website to the extent that the whole or part of such sites shall be wholly or partially unavailable to users;
- e. you will not set or seek to set cookies or other code with the intention of monitoring the activity of jobseekers and other users of the Website;
- f. in relation to an Advertisement you contract with UCAS Media as a principal notwithstanding that the you may be acting directly or indirectly on behalf of the advertiser as an agency, a buyer or other representative;
- g. nothing in the Advertisements will constitute an invitation or inducement to engage in investment activity within the meaning of the Financial Services and Markets Act 2000;
- h. the information supplied in relation to the advertisement is accurate, complete and true;
- i. the publication of the Advertisement by UCAS Media as from time to time submitted will not infringe the rights of any person or result in liability on the part of UCAS Media;
- j. the Advertisement complies with all relevant legislation (including without limitation the Equality Act 2010 and any subordinate legislation and the rules of statutorily recognised regulatory authorities) in force or applicable in the United Kingdom at the time of publication and any other relevant time.
- k. all copy submitted to UCAS Media is legal, decent, honest and truthful and complies with the British Codes of Advertising and Sales Promotion and all other relevant codes.
10. The applicable rates for Advertisements are as expressly agreed between you and our sales team either in writing or verbally, using the contact details provided on the Website.
11. Any acceptance of an Advertisement by UCAS Media shall not be deemed to constitute an acceptance by UCAS Media that such Advertisement is provided in accordance with these Terms and shall not constitute a waiver of UCAS Media's rights hereunder.
12. You will be liable for the full cost of the Advertisement cancelled by you after the Advertisement has been uploaded.
CV Search Service
13. You are permitted to search CV’s submitted by Jobseekers who give consent to be contacted by recruiters.
14. As between UCAS Media and you, UCAS Media is the Data Controller and you are Data Processor in respect of personal data returned in response to your searches using the CV Search Service and which is accessed on the Website.
15. You will promptly notify UCAS Media in the event of unauthorised processing or accidental loss of and/or destruction or damage to personal data caused at any time by you, your officers, employees, affiliates and/or agents and will use your best efforts to repair any damage and/or loss without delay.
16. You act as Data Controller in respect of any personal data or any of the CV’s presented which you download electronically or otherwise retain for your own purpose (i.e. recruitment of individuals who invite direct contact).
17. UCAS Media makes no guarantees or representations and offers no warranties as to the accuracy, truth or reliability of the information contained in CV’s returned in response to recruiters searches using the CV Search Service.
FURTHER GENERAL TERMS
Right of Audit
18. UCAS Media and UCAS Media's auditors may, subject to paragraph 14 access to relevant personnel, premises, systems and records as may reasonably be required to verify your compliance with these Terms.
19. UCAS Media shall provide at least two (2) working days' notice of its intention to conduct an audit.
20. UCAS Media accepts no liability in contract, tort or for breach of statutory duty or in any other way for:
- a. any economic losses (including but not limited to, loss of profits, contracts or anticipated savings);
- b. any loss of goodwill or reputation; or
- c. any indirect or consequential losses (whether or not any such loss was within the contemplation of the parties when the order was placed) suffered or incurred by you arising out of or in connection with any matter hereunder.
21. UCAS Media accepts no liability for any delay or disruption whilst using any of the Services or for any loss or damage to your account or any loss or damage to any CV sent to or downloaded by you which is caused by an error of any kind or technical fault.
22. UCAS makes no guarantees or representations and gives no warranties as to the quality and/or suitability for your purposes, of the jobseekers who respond and accept no liability for the content of jobseekers’ applications (including CV’s submitted) including without limitation any error, omission or inaccuracy.
23. UCAS Media does not guarantee uninterrupted availability of any of the Services and accepts no liability for any unavailability including without limitation that which is due to error of any kind or technical fault. UCAS Media shall have no liability for failure or delay which adversely affects the transmission of any Website, where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of UCAS Media.
24. In the event that UCAS Media's publication of an Advertisement is restricted, curtailed or prevented by any act or thing beyond UCAS Media's control, UCAS Media may terminate this Agreement forthwith (in whole or in part) without prejudice to UCAS Media's right to be paid any monies due at any time.
25. For the avoidance of doubt, nothing in these Terms shall operate to limit or exclude UCAS Media's liability for death or personal injury resulting from its own negligence or for fraud.
26. You agree to indemnify UCAS Media on demand and hold UCAS Media harmless against all demands, claims, proceedings, losses, damages, costs, expenses or liability (including without limitation any consequential losses or loss of profit and any legal fees) whatsoever arising as a result of any breach or non-performance or non-observance of any of the representations, warranties or other terms contained herein or implied by law in accordance with these Terms or by any failure otherwise by you to meet your obligations as imposed by these Terms of by the laws and regulations to which they refer.
27. In addition to UCAS Media's rights under paragraphs 4f, 5c and 19, UCAS Media may terminate your access to one or all of the Services with immediate effect if:
- a. you are in material breach of these Terms and fail to effect a cure within 7 days of receipt of notice of such material breach; or
- b. you become insolvent (including being unable to meet your financial obligations when they fall due) propose any form of voluntary arrangement, or have a receiver, administrator or manager appointed over the whole or any part of your business or assets; if any petition shall be presented, order shall be made or resolution passed for your winding up, bankruptcy or dissolution including the appointment of liquidators, receivers or special managers; if you otherwise propose or enter into any composition or arrangement with your creditors or any class of them, or if we have good reason to believe that any such event might take place
28. We will use the details you provide to keep you informed of changes to the Services. If you do not wish to receive information including changes to pricing and processes, you can unsubscribe by emailing us at firstname.lastname@example.org
29. UCAS Media is committed to protecting your privacy and complies with the 1998 Data Protection Act. We will not share your details with third parties without your prior consent.
30. You warrant to UCAS Media that you will take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal data and against the accidental loss or destruction of, or damage to, personal data to ensure your compliance with the seventh data protection principle (including, but not limited to, the security measures set out in Schedule 3).
31. If any term under these Terms is found to be invalid or unenforceable, its invalidity or unenforceability shall not affect the other provisions which shall remain in full force and effect. If any provision of these Terms would be valid or enforceable if some part of the provision were amended, the provision in question shall apply with such modification(s) as may be necessary to make it valid.
32. These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site and/or one or more of the Services after it has been posted.
33. Save as expressly provided for, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely on or enforce any term of these Terms. This does not affect the statutory or regulatory rights of the same third party.
34. You may not assign, sub-contract or deal in any other manner with this Agreement or sub-contract any and all of your obligations under it or purport to do any of the same. Any attempt to do so will result in immediate termination of your right to use the Services, and payments of any and all amounts falling immediately due without prejudice our other rights and remedies. Any purported assignment in breach of this paragraph shall confer no rights on the purported assignee.
35. This Agreement shall be governed by and construed in accordance with English law and each party submits unconditionally to the exclusive jurisdiction of the English Courts.