Planning Plus Terms and Conditions of Use

 

HE Planning Plus Agreement

Terms and Conditions of Use

IMPORTANT
PLEASE READ THE TERMS AND CONDITIONS OF THIS HE PLANNING PLUS AGREEMENT CAREFULLY BEFORE USING THE HE PLANNING PLUS TABLES (THE “PRODUCT”). THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND HESA SERVICES LIMITED (“HESA SERVICES”). BY CLICKING THE “I AGREE” LINK AT THE FOOT OF THIS PAGE, YOU ARE CONFIRMING YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

    Licence

  1. In consideration of you paying HESA Services the specified fee for the Product and your acceptance of these terms and conditions, HESA Services grants to you a non-exclusive, non-transferable licence to receive and use the Product and the information and analysis contained within it (“the Data”) in accordance with the terms and conditions set out in this Agreement.

  2. The Product may be downloaded by you a maximum of five times.

    3. Commencement

  3. This Agreement shall commence with effect from the date of acceptance of these terms and conditions and payment of the fee. HESA Services will supply the Product as soon as may be practicable after the Product is released for publication.

    4. Permitted Use

  4. You may use the Product and the Data only for research as defined by section 33 of the Data Protection Act 1998.

  5. You may not publish the Product and/or the Data or exploit the Product and/or the Data for commercial gain or permit any third party to do so without the prior written permission of HESA Services. Such consent may be refused in HESA Services’ absolute discretion or be subject to additional conditions. Additional charges for reproduction or publication of Data may be made. Permission is only valid if given in writing in advance of reproduction or publication. For the avoidance of doubt, inclusion of the Data on an Intranet or Internet website will be deemed to constitute publication for which the prior consent of HESA Services is required.

  6. You may not make the Product or the Data available to any other organisation or transfer it to any other country.

  7. If permission to reproduce the Data is granted, you undertake to ensure that all Data published are at a level of anonymisation and aggregation which will ensure that no data whereby living individuals can be identified are published, and thereby ensure the confidentiality of individuals. Specifically, you undertake to adhere to the HESA Services Standard Rounding Methodology in any publication or reproduction.

    HESA Services Standard Rounding Methodology

    • 0, 1, 2 must be rounded to 0
    • All other numbers must be rounded to the nearest multiple of 5
    • Percentages based on 52 or fewer individuals must be suppressed
    • Averages based on 7 or fewer individuals must be suppressed
    • Full-Time Equivalent data does not require rounding
    • Financial data does not require rounding

  8. You undertake that each time Data is reproduced by you (or on your behalf) an attribution and caveat is included in a form previously approved in writing by HESA Services. The caveat must state that HESA Services Limited and the Higher Education Statistics Agency Limited do not accept responsibility for any inferences or conclusions derived from the Data by third parties.

    9. Data Protection

  9. You shall ensure that the Product and Data are held in strict confidence and that appropriate technical and organisational information security and processing procedures are established and maintained to ensure that the Product and the Data are sufficiently protected against any unlawful or unauthorised processing.

  10. You shall not use the Data to identify individuals or to inform a decision to be made about any individual.

  11. You shall not transfer the Product or Data to any other country.

  12. You shall not link the Data to any other data relating to identifiable individuals without the prior written approval of HESA Services.

    13. Intellectual Property Rights

  13. All copyright and other intellectual property rights in any material contained in the Product are owned by the Higher Education Statistics Agency Limited (“HESA”) and HESA Services.

  14. For the avoidance of doubt all intellectual property rights in the Data and in any database containing the Data compiled by HESA are vested and shall remain vested in HESA. You acknowledge that the Data is derived from databases compiled and owned by HESA and that HESA retains all rights in the Data and such databases under the Copyright Rights in Databases Regulations 1997.

    15. Exclusion of Liability

  15. HESA Services and HESA shall have no obligations to you, whether in contract, tort, breach of statutory duty or otherwise, beyond their obligations expressly set out in this Agreement. For the avoidance of doubt they do not accept any liability for any inferences or conclusions derived from the Product or the Data by you or any third party.

  16. HESA Services and HESA shall have no liability (however caused) for any loss of profit, business, contracts, revenues, increased costs or expenses or any indirect or consequential loss arising under this Agreement.

  17. HESA Services and HESA do not exclude or limit their liability to you for:

    a. fraud or fraudulent misrepresentation;
    b. death or personal injury caused by negligence;
    c. a breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
    d. ny matter for which it would be unlawful for the parties to exclude liability.

    Warranties

  18. No warranty is given as to the quality or accuracy of the Data and/or the Product.

  19. You warrant and undertake to HESA Services that at all material times you will comply with the provisions of the Data Protection Legislation so far as such provisions apply to you in respect of this Agreement and more particularly that you will not make or permit or pursue any analyses which allow the identification of individuals.

    20. Termination

  20. HESA Services may without liability terminate this Agreement immediately by written notice to you if it determines, in its absolute discretion, that you are in breach of any of your obligations under this Agreement.

  21. In this event, you undertake to destroy the Product and expunge the Product and the Data from any computer, word processor or other device or medium containing it (including all documents, material or copies of such documents or materials embodying the Data).

    22. General Terms & Conditions

  22. For the purpose of section 1(2) of the Contracts (Rights of Third Parties) Act 1999 the parties state that they do not intend any terms of this Agreement to be enforced by any third parties with the exception of HESA; but any third party right which exists or is available independently of that Act is preserved.

  23. If any dispute arises in connection with this agreement, directors or other senior representatives of each party with authority to settle the dispute will, within 10 working days of a written request from one party to the others, meet in a good faith effort to resolve the dispute.

  24. If the dispute is not resolved at that meeting, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (“ADR notice”) to the other parties to the dispute requesting a mediation. A copy of the request should be sent to CEDR Solve. The mediation will start not later than 20 working days after the date of the ADR notice.

  25. No party may commence any court proceedings in relation to any dispute arising out of this Agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or one of the other parties has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.

  26. Nothing in this Agreement shall prevent any party seeking a preliminary injunction or other judicial relief at any time, if in its judgement such action is necessary to prevent irreparable damage.

  27. These Terms and Conditions of Use shall be governed by and construed in accordance with English Law and you submit to the exclusive jurisdiction of the English Courts.

If you require further information on the permitted use of this product or if you wish to reproduce any material included on or derived from data contained on this product, please email the HESA Information Services Team information@hesa.ac.uk