Terms of Sale and License

TERMS OF SALE AND LICENCE

These Terms of Sale and Licence (“Terms”) set out the terms on which we, the British Council, of Bridgewater House, 58 Whitworth Street Manchester M1 6BB, a registered charity in the United Kingdom (209131 in England and SCO37733 in Scotland), provide and licence our Education Intelligence Products made available via our website www.britishcouncil.org (“the site”). Please read these Terms carefully before purchasing any Education Intelligence Products from our site. 

If you have read, understood and accept these terms and wish to proceed with the purchase of any Education Intelligence Product in accordance with these Terms, please click on the button marked "I Accept" at the end of these Terms. If you do not accept these Terms, you will not be able to purchase any Education Intelligence Products from our site.

You should print a copy of these Terms for future reference.

1. DEFINITIONS

In these Terms:

1. “Approved UK Education Institution” means a higher education institution in the United Kingdom that reports their student numbers to HESA in accordance with HESA’s requirements and as determined by the British Council in its sole and absolute discretion as being an approved UK education institution.
    
2. “Education Intelligence: Interactive Access” means an interactive tool on country specific socio-economic patterns and trends made available exclusively to holders of a Unlimited or Advanced Subscription at https://education-services.britishcouncil.org/service-catalogue/education-intelligence.
    
3. “Data Mining Tools” means the Higher Education Student Data Tool, Student Insight Data Tool and Education Intelligence: Interactive Access.
    
4. “Data” means all data in any format obtained from access to the Data Mining Tools.
    
5. “Education Intelligence Product” means any Report and/or Subscription Service available from the site.
    
6. "FE, Skills and Schools
   " means a Subscription Service, available only to further education and Post-16 colleges in the UK, with the following services:

(a) You may download up to eight (8) Reports, except those in the Sector reports and Macro Trends Analysis category, during the Subscription Period;

(b) You have unlimited access to the Student Insight Data Tool and Education Intelligence: Interactive Access; and

(c) You have access to all Reports in the Sector reports category.

7. "FE, Skills and Schools Light package" means a Subscription Service, available only to further education and Post-16 colleges in the UK, with the following services:

(a) You have unlimited access to the Student Insight Data Tool; and

(b) You have access to all Reports in the Sector reports category.

8. “Fee” means the price of an Education Intelligence Product as advertised on the site.
    
9. “Further Education Markets Research” means the research report under that name containing research identifying and analysing UK Further Education recruitment.
    
10. “Advanced Package” means a Subscription Service with the following benefits:

(a) You may download up to thirty (30) Reports, except those in the Sector reports and Macro Trends Analysis category, during the Subscription Period;

(b) Provided that you are an Approved UK Education Institution, you have unlimited access to the Higher Education Student Data Tool, Student Insight Data Tool and Education Intelligence: Interactive Access.

11. “HESA” means Higher Education Statistics Agency which is updated before 1 April of each calendar year;
     
12. “Higher Education Student Data Tool” means a data mining tool on student enrolments made available to an Approved UK Education Institution at https://education-services.britishcouncil.org/service-catalogue/education-intelligence, which includes access to HESA data, current to the end of the Subscription Period.
     
13. “Notification of Acceptance” means a notification sent to you by email confirming that payment for your Subscription Service has been received by the British Council.
     
14. “Pay-as-you-go” means a one-off purchase.
     
15. “Unlimited Package” means a Subscription Service with the following benefits:

(a) You may download any Reports available on the site during the Subscription Period;

(b) If Updates become available during the Subscription Term, you may download any and all Updates available on the site as part of your Subscription Service;

(c) Provided that you are an Approved UK Education Institution, you have unlimited access to the Data Mining Tools.

16. “Report” means a report produced by the British Council and made available on the site.
     
17. “Basic Package” means a Subscription Service which includes the following benefits:

(a) You may download up to fifteen (15) Reports, except those in the Sector reports and Macro Trends Analysis category, during the Subscription Period;  and

(b) Provided that you are an Approved UK Education Institution, you have unlimited access to the Higher Education Student Data Tool.

18. “Student Insight Data Tool” means the Student Insight Data Tool available at https://education-services.britishcouncil.org/service-catalogue/education-intelligence.
     
19. “Subscription Service” means, depending on the Fee paid, either the FE, Skills & Schools Package, FE, Skills & Schools Light Package, Basic Package, Advanced Package or Unlimited Package made available by the British Council at the site during the Subscription Period.
     
20. “Subscription Period” means a twelve (12) month period, commencing on the later of 1 April or the date you pay your Fee and ending on 31 March following your Subscription Service commencement (regardless of the commencement date of your Subscription Service).
     
21. “Updates” means a newer and updated version of a Select Report.

2. PURCHASE AND DELIVERY
    

1. Pay-As-You-Go
   1. The purchase of any Reports in excess of the allowance in your Subscription Service will be on a Pay-As-You-Go basis.
   2. After selecting a Report for purchase on our site on a Pay-As-You-Go basis and accepting these Terms, your order will be processed. Your order constitutes an offer to purchase a Report and all orders are subject to acceptance by us. Acceptance is conditioned upon receiving payment of the Fee. We will confirm such acceptance by way of a notification to you on our site.
   3. On notification that the sale of the Report is complete, the purchased Report will be made available to you for download from our site in PDF. Once you download a copy of the Report, please be sure to keep a copy of the Report. A Report purchased on a Pay-as-you-go basis will be available for download from our site for six (6) months from the date of purchase of the Report, after which time you will have to re-purchase the Report.
   4. Except for those rights which by law cannot be contracted out of, once you download a Report, your order cannot be cancelled, and we will not provide any refund for the Report.
       

2. Subscription Service
   1. After selecting a Subscription Service on our site and accepting these Terms, your order will be processed. Your order constitutes an offer to purchase the Subscription Service and all orders are subject to processing, approval and acceptance by us.
   2. We will use our reasonable endeavours to notify you by email within 48 hours of your order that (i) we have received and are processing your order for a Subscription Service and (ii) you are an Approved UK Education Institution, if applicable.
   3. Within 48 hours of receiving and processing payment of the Fee, we will issue you with a Notification of Acceptance of your order. Once the Notification of Acceptance has been issued,, the Subscription Service will be made available to you in accordance with your selected subscription, namely, FE,Skills & Schools package, Basic package, Advanced package or Unlimited package.
   4. Except for those rights which by law cannot be contracted out of, once we have notified you in accordance with clause 2.2.2(i) that we are processing your order for a Subscription Service, your order cannot be cancelled, and we will not provide any refund for the Subscription Service. 
       
3. LICENCES
    

1. Reports

1. In consideration of payment of a Fee by you for a Report, we grant you a revocable, non-exclusive, non-transferable licence to do the following for your internal business purposes:

1. download a Report;
2. store electronically, print and make a reasonable number of copies of the Report for distribution amongst your employees or colleagues, including by way of email, provided that:
        (a) all copyright notices, other notices and branding on the Reports are retained in any copies of the Reports and are not altered, amended or removed; and
        (b) all recipients of copies of the Reports pursuant to clause 3.1.1.2 are made aware of the provisions of these Terms
3. use the Report in any way that the British Council permits in writing from time to time.

2. You acknowledge that the Report is for your own use or internal business purposes only and you may not assign, sub-licence or transfer the rights granted to you in these Terms to any other party. Further, you may not copy, reproduce, edit, adapt, make derivate works of, publish, make available, distribute, broadcast, sell or disclose the Report or any part of the Report without our permission.

3. You acknowledge that, unless otherwise stated in the Report, we are the owner of all rights, title and interest in the Report and you do not acquire any proprietary rights in the Report or copies of the Report.
    

2. Data Mining Tools

1. In consideration of payment of the Fee, we grant you the right to:

1. access the Data Mining Tools and Data on our site in accordance with the access granted for your Subscription Service;
2. extract the Data, store the Data electronically, print and make a reasonable number of copies of the Data for distribution amongst your employees or colleagues, including by way of email, provided that:
           (a) all copyright notices, other notices and branding on the Data Mining Tool or Data are retained in any copies of the Data and are not altered, amended or removed; and
           (b) all recipients of copies of the Data pursuant to clause 3.2.1 are made aware of the provisions of these Terms; and
3. use the Data in any way that the British Council permits in writing from time to time; and
4. reproduce and manipulate the Data.

2. You acknowledge that the Data is for your own use or internal business purposes only and you may not assign, sub-licence or transfer the rights granted to you in these Terms to any other party. Further, you may not make derivative works of, publish, make available, distribute, broadcast, sell or disclose the Data or any part of the Data without our permission.

3. You acknowledge that we remain the owner or licensee of the Data Mining Tools and the Data you do not acquire any proprietary rights in the Data Mining Tools, Data or copies of the Data.
    

4. PRICE AND PAYMENT

1. You must pay the Fee.

2. Unless otherwise specified, the Fee is exclusive of any duties, value added or goods and services tax. You must pay an additional amount equal to any such taxes at the same time as payment of the Fee, subject to receiving any tax invoice or other documentation required under the applicable law.

3. The Fee will be as quoted on our site from time to time, except in cases of obvious error. Fees are liable to change at any time. In the event that the Fee is incorrectly stated on our website and you purchase an Education Intelligence Product for the incorrect Fee, we retain the discretion to charge you an additional amount to reflect the correct Fee, to reimburse you for any additional amounts paid in excess of the Fee, or to take no further action.

4. Payments for any Education Intelligence Product must be by credit card, debit card, cheque or bank transfer. Payment by cheque or bank transfer is available for Subscriptions only.

5. We accept payment by way of MasterCard, Visa, Diner’s Club International, JCB, China Union Pay, American Express. We will not charge your credit or debit card until we have processed your order for an Education Intelligence Product.

6. We reserve the right not to fulfil and to cancel orders if we are unable to obtain payment authorization from the issuer of your payment card, or from the bank from which you have issued the cheque.
   
    

5. WARRANTY, LIABILITY AND INDEMNITY

1. You warrant to us that by placing an order through our site, you are legally capable of entering into binding contracts and you are at least 18 years old.

2. You accept that the Education Intelligence Products are provided to you on an “as is” basis. To the maximum extent permitted by law, we make no warranties (whether express or implied) in respect of the contents of the Education Intelligence Products or any Data contained in a Data Mining Tool, and accept no responsibility for the suitability, accuracy or completeness of any Data contained in the Data Mining Tools.  We are not responsible for, and make no warranties with respect to, the use of any Data extracted from a Data Mining Tool. We do not warrant that any Education Intelligence Products are virus-free, and accept no responsibility for any damage caused when downloading Reports or Data to your computer. Except for those terms which cannot be lawfully excluded, all other terms that might be implied in these Terms are excluded.

3. We will not be liable to you for any delay in access to any Education Intelligence Products, including without limitation where:

1. the issuer of your payment card or your bank account refuses to authorize payment to us; or
2. where such delay or failure is due to circumstances beyond our control.

4. To the maximum extent permitted by law, we shall have no liability for any loss, expense, claim or damages of any kind in connection with or arising out of any use of any Education Intelligence Product. Notwithstanding the above, in the event that a court finds us liable to you, you agree that our liability in connection with or arising out of these Terms (whether in contract, tort (including negligence) or otherwise) is limited to, at the British Council’s option:

1. in respect of a Report, re-supply of a Report or the Fee paid for that Report; or
2. in respect of a Subscription Service, re-performance of the service or the Fee paid for the relevant service.
3. Notwithstanding any other provision of these Terms, we will not be liable for any indirect, incidental, consequential, special, or exemplary damages or any damages for loss of profits, loss of data or business interruption, in connection with or arising out of any use of any Education Intelligence Product. 
4. Nothing in these Terms shall limit our liability in respect for death or personal injury resulting from our negligence or other liability which cannot be limited or excluded by the laws of your jurisdiction.
5. You agree to indemnify us and hold us harmless from and against any and all liability, loss, expense, claim or damages arising from or relating to (i) any breach of any provision of these Terms by you; or (ii) any third party claims arising as a result of your use or misuse of any Education Intelligence Product.

6. TERMINATION

1. We may terminate these Terms (a) by providing notice to you; or (b) if, in our reasonable belief, you fail to comply with any provision of these Terms.
2. On termination of these Terms for any reason, you will cease using the Data Mining Tools and destroy all or any copies of the Reports and Data. Any termination of these Terms will not affect any accrued rights or liability of either party, including rights to injunctive relief. Clauses 3 and 5 survives termination of these Terms.

7. MISCELLANEOUS

1. These Terms embody the entire understanding and agreement between the parties as to its subject matter. All previous understandings or representations in relation to, or in any way affecting, the subject matter of these Terms are superseded by these Terms.

2. A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. 

3. Each provision of these Terms is severable and the parties intend that every such provision will be and remain valid and enforceable to the fullest extent permitted by law. If any such provision is or at any time becomes to any extent invalid, illegal or unenforceable, it will to that extent be deemed not to form part of these Terms and all of the other provisions in these Terms will continue in full force and effect.

4. You cannot assign, transfer or sub-licence your rights under these Terms.

5. These terms may be amended by us on notice to you. Your continued use of the Education Intelligence Products constitutes your acceptance of such amended terms.

6. Any personal information that we collect from you is done in accordance with our Privacy Policy http://www.britishcouncil.org/privacy/

7. These Terms will be governed by the laws of Hong Kong Special Administrative Region. Any dispute or claim arising out of or in connection with these Terms will be subject to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.

8. If you have any questions regarding the Reports or these Terms, please contact us on the details below:

British Council
3 Supreme Court Road
Admiralty, Hong Kong
Tel: (852) 2913 5100
Email: enquiries@britishcouncil.org.hk