Apprentice Terms

Last revised 19 July 2016

These terms and conditions (together with the policies referred to in it) (the “Apprentice Terms“) tell you the terms and conditions on which we provide our service (the “Service“) through the UCAN Platform available on our website www.ucan.co.uk (the “Website“) to you as an Apprentice.

Please read these Apprentice Terms carefully as they govern your use of the UCAN Platform. By registering and/or continuing to use the UCAN Platform you agree to be bound by these Apprentice Terms. If you do not accept these Apprentice Terms please do not register to use the UCAN Platform.

These Apprentice Terms tell you who we are, how we provide the Service, how we may change or end the Service, what to do if there is a problem and other important information.

You represent and warrant that you are able to agree these Apprentice Terms on behalf of yourself, any company you work for and/or any person or entity that accesses or uses the UCAN Platform.

We may vary these Apprentice Terms from time to time and shall post such alterations on the Website. If you do not agree to the changes made to these Apprentice Terms, then you have the right to stop using the UCAN Platform, and should do so immediately. Your continued use of the UCAN Platform after the date the changes have been posted will constitute acceptance of the amended Apprentice Terms.


1.


DEFINITIONS AND INTERPRETATION

1.1

In these Apprentice Terms, the following definitions apply:

“Apprentice” means a person requiring an apprenticeship (including you) using the UCAN Platform.

“Apprenticeship” means an apprenticeship under the ASCLA 2009 which we may sub-contract to an Apprenticeship Provider (being a job with an accompanying skills development programme).

“Apprenticeship Offer” means a response to an Apprenticeship Request provided by an Apprenticeship Provider with an indication and offer of the Apprenticeship available and any conditions for that Apprenticeship.

“Apprenticeship Provider” means a provider of Apprenticeships.

“Apprenticeship Request” means a request made by an Apprentice (including you) through the UCAN Platform for an Apprenticeship with an Apprenticeship Provider.

“ASCLA 2009” means the Apprenticeships, Skills, Children and Learning Act 2009.

“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London, England are open for business.

“UCAN Platform” means the Website, any mobile apps we make available to provide the Service, any pages or widgets we operate on third party websites or applications, and the content and services we make available through them via the internet or mobile devices (including smartphones and tablets). 

“we” or “us” means CSM Consulting Limited, a private limited company registered with company number 04656661 which has its registered address at 18-22 Angel Crescent, Bridgwater, Somerset, TA6 3AL. Our VAT number is 822 0206 84.

“you” means you, and any person that registers, accesses and/or uses the UCAN Platform and includes your personal representatives, successors or permitted assigns.

1.2

In these Apprentice Terms, a “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).


2.


THE UCAN PLATFORM AND OUR SERVICE

2.1

The UCAN Platform is designed to enable Apprentices to apply for Apprenticeships with Apprenticeship Providers by submitting an Apprenticeship Request.

2.2

We are not an employment agency or employment business. You acknowledge that we are not hired by you to provide services for the purposes of finding you employment.

2.3

Nothing in these Apprentice Terms creates an obligation on us to submit to you any Apprenticeship Offers. We reserve the right to suspend, restrict or terminate your access to the UCAN Platform at any time.

2.4

We make no warranty that the UCAN Platform will provide an uninterrupted service or be error free, or that any defects will be corrected. While we take steps to prevent misuse of our systems, we cannot warrant that the UCAN Platform will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.

2.5

We may update the UCAN Platform from time to time, and may change the content on our UCAN Platform at any time. However, please note that any of the content on our Website or mobile application software may be out of date at any given time, and we are under no obligation to update it.

2.6

We make no warranty as to the quality of the Apprenticeships on offer and of the Apprenticeship Providers we introduce to you and are not liable for any loss or damage you may incur as a result of an introduction to and employment with an Apprenticeship Provider. We will not be a party to any employment contract or apprenticeship contract made between you and the Apprenticeship Provider and you will be responsible for all requirements relevant to your employment with an Apprenticeship Provider.


3.


YOUR OBLIGATIONS AND USE OF THE UCAN PLATFORM

3.1

You shall:

3.1.1

provide us with such information and materials as we may reasonably require in order to supply the Service including, but not limited to, qualifications, training, experience, employment history and references and ensure that such information is accurate in all material respects;

3.1.2

promptly consider and respond to any Apprenticeship Offer and ensure that your responses are complete and accurate in all material respects and are not misleading;

3.1.3

inform us (whether via the UCAN Platform or otherwise) as soon as reasonably practicable and, in any event, within 5 Business Days if:

  1. an Apprenticeship Provider has approached you directly (rather than through the UCAN Platform);
  2. you have accepted an Apprenticeship Offer; or
  3. you have extended an Apprenticeship with an Apprenticeship Provider,

and

3.1.4

co-operate with us in all matters relating to the Services.

3.2

You agree that you are fully responsible and liable for the actions of any persons who access the UCAN Platform on your behalf.

3.3

You consent to information about the device you use to access the UCAN Platform being collected and processed for fraud prevention purposes and you acknowledge that we may use third parties (and information they provide) to help us prevent fraud or unauthorised access to the UCAN Platform.


4.


CONFIDENTIALITY

We each undertake during and after termination of these Apprentice Terms (however they shall end) not to disclose or exploit in any way any confidential information concerning us and you and the provisions of these Apprentice Terms.


5.


INTELLECTUAL PROPERTY

You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the UCAN Platform (the “Intellectual Property“), including the manner in which the UCAN Platform is presented or appears and all information and documentation relating to it, is our property (or that of our licensors), and nothing in these Apprentice Terms shall be taken to transfer any of the Intellectual Property to you.


6.


LIMITATION OF LIABILITY

6.1

Nothing in these Apprentice Terms shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors or fraud or fraudulent misrepresentation.

6.2

If you are dissatisfied with the Service or UCAN Platform, or these Apprentice Terms, your only remedy under these Apprentice Terms shall be to discontinue your use of the UCAN Platform. Without limiting the preceding sentence, we shall have no liability for:

6.2.1

any failure or delay resulting from any matter beyond our reasonable control;

6.2.2

any errors or inaccuracies in the information provided to you by the Apprenticeship Providers via the UCAN Platform; and

6.2.3

any failure by you to secure an Apprenticeship with an Apprenticeship Provider.

6.3

Subject to clause 1:

6.3.1

we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Apprentice Terms and the Service; and

6.3.2

our total liability to you in respect of all other losses arising under or in connection with these Apprentice Terms and the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of the Fees received from you for the Service for that specific Apprenticeship.


7.


TERMINATION

7.1

If any provision of these Apprentice Terms is declared by any relevant competent authority to be unenforceable (or indications of this are made by any such authority), you agree to discuss with us amending that provision in a reasonable manner so that it achieves the purpose of these Apprentice Terms without illegality. If we agree that the effect of any declaration is to defeat the original intention of these Apprentice Terms, either of us may terminate these Apprentice Terms in writing.

7.2

Either party may terminate these Apprentice Terms with immediate effect by giving the other party one month’s written notice.

7.3

Either party may terminate these Apprentice Terms with immediate effect by giving written notice to the other party if:

7.3.1

either of us commits a material breach of these Apprentice Terms and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing to do so;

7.3.2

either of us takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring) or having a receiver appointed to any of its assets; or

7.3.3

either of us suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.

7.4

Without limiting our other rights or remedies:

7.4.1

we may terminate these Apprentice Terms and our Services with immediate effect by giving written notice to you if you fail to pay any Fee due under these Apprentice Terms on the due date for payment and fails to pay all outstanding Fees within 30 days after being notified in writing to do so; and

7.4.2

we may suspend provision of the Services to you under these Apprentice Terms if you become subject to any of the events listed in term 3.2 or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any Fees due under these Apprentice Terms on the due date for payment.

7.5

Apprentice Terms 2 to 6 and 5 to 9.7 shall survive the termination of these Apprentice Terms and:

7.5.1

the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of these Apprentice Terms which existed at or before the date of termination or expiry; and

7.5.2

terms which expressly or by implication survive termination shall continue in full force and effect.


8.


FORCE MAJEURE

8.1

For the purposes of these Apprentice Terms, “Force Majeure Event” means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

8.2

We shall not be liable to you as a result of any delay or failure to perform our obligations under these Apprentice Terms as a result of a Force Majeure Event. If a Force Majeure Event prevents us from providing the Service then we shall, without limiting our other rights or remedies, have the right to terminate these Apprentice Terms and our Service immediately by giving written notice to you.


9.


GENERAL

9.1

Assignment and other dealings

We may at any time assign, transfer, subcontract or deal in any other manner with all or any our rights under these Apprentice Terms and may subcontract or delegate in any manner any or all of our obligations under these Apprentice Terms to any third party or agent. You shall not, without our prior written consent, assign, transfer, subcontract, or deal in any other manner with any or all of your rights or obligations under these Apprentice Terms.

9.2

Notices

Any notice or other communication given to a party under or in connection with these Apprentice Terms shall be in writing, addressed to that party at its registered office (if it is a company) and shall be delivered personally or sent by recorded delivery service or commercial courier.

9.3

Severance

If any provision or part-provision of these Apprentice Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Apprentice Terms.

9.4

Waiver

No failure or delay by either of us to exercise any right or remedy provided under these Apprentice Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

9.5

No partnership or agency

Nothing in these Apprentice Terms is intended to, or shall be deemed to, establish any partnership or joint venture between us, nor constitute either of us the agent of the other for any purpose. Neither of us shall have authority to act as agent for, or to bind, the other party in any way.

9.6

Third parties

A person who is not a party to these Apprentice Terms shall not have any rights to enforce its terms.

9.7

Governing law and jurisdiction

These Apprentice Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and each of us 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 these Apprentice Terms.