Terms of use

PLEASE READ THE FOLLOWING CONTRACTUALLY BINDING TERMS AND CONDITIONS

Welcome to the LCF First Move website at www.lcffirstmove.co.uk (“our website”). References in these terms and conditions to “we”, “our” and “us” are references to us, the University of the Arts London, of 272 High Holborn, London, WC1V 7EY. We own and run the website under the LCF First Move name, through our constituent college the London College of Fashion of 20 John Princes Street, London, W1G 0BJ (which is the physical address through which you should communicate with us).

These terms and conditions tell you the terms on which you may use our website, whether as a guest or a registered user. Please read them carefully before you use our website. By using our website, you are agreeing to these terms and conditions, which will form a legally binding contract between you and us. If you do not agree to these terms and conditions, please do not use our website.

Additional terms and conditions

Additional terms and conditions apply if you register to use certain areas of our website, as a recruiter or as a graduate. These additional terms and conditions for recruiters and additional terms and conditions for graduates form part of these terms and conditions if you register as, respectively, a recruiter or a graduate. In the event of any conflict between any applicable additional terms and conditions and these terms and conditions, the former shall prevail.

Copyright

We own or are licensed to use all the copyright and other intellectual property rights in our website and in the materials on our website. You agree only to use our website in a way which does not infringe these rights and which is in accordance with its stated purposes. You may print off one copy, and may download extracts, of any page(s) from our website for your own personal, non-commercial use only (unless you have registered as a user of this website and are permitted to make other uses of our material by any applicable additional terms and conditions). You must not reproduce, or modify, these copies or extracts in any way and you must not remove from them any of our (or our licensors’) copyright or other proprietary notices.

Registration

When you register on our website, you must provide us with accurate, current and complete registration information. You must also update us with any changes to your registration information, including changes in your email address. When you register, you will be allocated a user name and a temporary password (which you should then change when you first sign into our website). It is your responsibility to protect your user name and password from unauthorised use. You must not disclose your user name or password to anyone else, or allow anyone else to use your user name or password, or assist anyone else who is not a registered user to access areas of our website which are restricted to registered users. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We will not be liable for any unauthorised use which is made using your user name or password.

We reserve the right at our absolute discretion to refuse any request for registration, or to cancel any existing registration, for any reason whatsoever.

Your use of our website

When using our website (and, where applicable, when communicating electronically with persons introduced to you via our website) you agree not to do (and not to allow any person under your control to do) any of the following:

• upload or transmit any material which contains any bugs, viruses, worms, Trojan horses, or other harmful or disruptive elements; or
• disrupt, interfere with or restrict the use of our website by other users; or
• reproduce or otherwise use any part of our website in contravention of these terms and conditions; or
• use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our web site other than any search engine and search agents available from us on this web site and other than generally available third party web browsers (e.g., Microsoft Explorer); or
• impersonate any other person or “out” any other person or create a false identity or attempt to gain unauthorised access to any part of our website including any other user’s account; or
• upload, transmit or display any material which:
• is false, obscene, sexist, homophobic, racist, defamatory, illegal, abusive, threatening, or otherwise discriminatory, offensive or objectionable; or
• in our opinion is likely to bring us into disrepute or otherwise damage our reputation; or
• does not comply with any applicable legal, statutory and/or regulatory requirements, including any applicable codes of practice.

We reserve the right at our absolute discretion to refuse, edit or remove any material or information uploaded, transmitted or displayed by you (or on your behalf) which in our opinion does not comply with these terms and conditions or which is not otherwise suitable for our website.

If you upload, submit or post any material on or to our website, you are thereby granting us (and warranting that you are entitled to grant us) a non-exclusive, worldwide, royalty-free, perpetual licence (with a right to sub-license) to use, edit, alter, reproduce, publish and distribute that content on our website for the purposes set out or contemplated in these terms and conditions or on our website.

Linking to our website

You may link to the home page of our website, provided you do so in a way which is fair and legal and does not damage our reputation or suggest any form of association, approval or endorsement on our part where none exists. The website from which you are linking must not contain material which, if it appeared on our website, would be a breach of these terms and conditions. You must not frame our website on any other website, or link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice at our discretion.

Our liability to you

We cannot guarantee that our website will always be available to you and we shall not be liable if for any reason our website is unavailable at any time or for any period. We also cannot guarantee that material which you download, or have access to, from our website will be free from bugs, viruses or other harmful or disruptive elements, and we will not be liable for any loss or damage caused by any such material.

We shall not be liable for any delay or failures in performance on our part, in whole or in part, if such delay or non-performance is due to any cause beyond our reasonable control.

We may have little or no control over third party information and materials which may be made available to you in certain areas of our website. Similarly, we may have little or no control over how third parties may use information and materials which you make available to them, directly or indirectly, on or via our website. We accept no liability for any loss, damage, costs or expenses which may result from or arise out of your use of or reliance upon third party information and material, or any use by third parties of your information and materials.

WHERE ANY OF THE INFORMATION, MATERIALS OR SERVICES WHICH WE PROVIDE ON OR IN CONNECTION WITH OUR WEBSITE ARE MADE AVAILABLE TO YOU FREE OF CHARGE, WE ACCEPT NO LIABILITY WHATSOEVER FOR THE INFORMATION, MATERIALS AND SERVICES IN QUESTION, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. Whilst we take all reasonable care when making our own information, materials and services available to you, we can make no promises as to their accuracy, completeness or quality. You make use of them (and of the other information, materials and services on our website) at your own risk and you should seek further guidance and make your own inquiries before relying on them. In no circumstances shall we be liable to you, whether in contract, tort, negligence, breach of statutory duty or otherwise, for any direct, indirect, consequential or other types of loss, costs, damages or expenses, arising out of or resulting from your use of (or inability to use) our website, any materials posted on our website and any websites linked to our website.

WHERE WE CHARGE FOR ANY INFORMATION, MATERIALS OR SERVICES WHICH WE PROVIDE ON OR IN CONNECTION WITH THIS WEBSITE, OUR TOTAL LIABILITY TO YOU, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES, SHALL NOT EXCEED THE TOTAL SUM PAYABLE BY YOU TO US FOR THE INFORMATION, MATERIAL OR SERVICES IN QUESTION. In no circumstances shall we be liable to you, whether in contract, tort, negligence, breach of statutory duty or otherwise, for any loss of data, loss of management or office time, loss of income or revenue, loss of profits or contracts, loss of business, or for any special, indirect or consequential loss, costs, damages or expenses, arising out of or resulting from your use of (or inability to use) our website, any materials posted on our website and any services purchased from or in connection with our website.

All warranties, conditions and other terms which might otherwise be implied by statute, common law or the law of equity are, to the fullest extent permitted by law, excluded from these terms and conditions.

Nothing in these terms and conditions shall exclude or limit our liability to you for death or personal injury resulting from our negligence, or for our fraud or fraudulent misrepresentation.

Links to other websites

Our website may contain links to other websites which do not belong to us. We have no control over, and can therefore accept no liability for, such other websites.

Breach of these terms and conditions and your indemnity to us

If you are in breach of any of these terms and conditions, actions we may take against you include (without limitation):

• the immediate suspension or cancellation of your right to use our website;
• the immediate removal of any material you have uploaded onto our website;
• legal proceedings against you;
• disciplinary proceedings against you (if you are one of our students); and/or
• disclosure of such information about you to law enforcement authorities as is required by law or as we reasonably believe is desirable.

YOU AGREE TO INDEMNIFY US AND KEEP US FULLY INDEMNIFIED FROM AND AGAINST ALL COSTS, EXPENSES (INCLUDING REASONABLE LEGAL EXPENSES), DAMAGES AND LOSSES ARISING OUT OF ANY BREACH BY YOU OF THESE TERMS AND CONDITIONS.

Changes to these terms and conditions

We may change these terms and conditions from time to time. Any changes will be displayed on our website. You are deemed to have agreed to any changes when you next use our website following any such changes.

Privacy policy

Please read our privacy policy which explains how we will use any personal data which you provide to us via our website. This privacy policy forms part of these terms and conditions. By using our website, you are therefore agreeing to the terms of our privacy policy.

Other terms and conditions

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions, and nothing in these terms and conditions shall give any third party any benefit or any right to enforce any of these terms and conditions except as expressly set out within them.

If any provision of these terms and conditions is held to be illegal, invalid or unenforceable, this shall not affect the validity and enforceability of the other provisions of these terms and conditions. In this event, if such provision would be legal, valid and enforceable if some part of the provision were modified, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Any failure or delay by us to exercise or enforce any right under these terms and conditions shall not operate as a waiver of that right or preclude the exercise or enforcement of it at any later time or times.

Governing law

These terms and conditions (including without limitation non-contractual disputes or claims relating to them) shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction to determine any matter or dispute in connection with these terms and conditions or the use of our website.

If you have any queries about these terms and conditions, you can e-mail us at fbrs@fashion.arts.ac.uk.

ADDITIONAL TERMS AND CONDITIONS FOR RECRUITERS

These additional terms and conditions form part of the general terms and conditions for use of our website, if you register to use our website as a recruiter. In the event of any conflict between these additional terms and conditions and the general terms and conditions, the former shall prevail.

Please print off a copy of both sets of terms and conditions, for your future reference.

Data protection

If you register as a recruiter on our website, you may have personally identifiable information (“personal data”) made available to you from time to time about individuals who have registered as graduates on our website (“graduates”). This personal data may be made available to you either by us, or directly by the graduates themselves. You must only use this personal data for the purposes for which it is provided, namely in relation to a specific vacancy for which you are seeking to recruit. You must not use this personal data to create any kind of database, or distribute the personal data outside your own organisation. You must process the personal data with due care and attention, with respect to the privacy of the individuals concerned, and in accordance with all relevant data protection legislation, including without limitation the Data Protection Act 1998.

Job descriptions and advertisements

All job descriptions (and other information about job vacancies) that you post on our website must:

• comply with all applicable legal, statutory and regulatory requirements, including any applicable codes of practice;
• not discriminate (directly or indirectly) against graduates on the grounds of race, gender, age, sexual orientation, religion or disability;
• be for specific, currently available vacancies and not relate to opportunities generally or to other goods or services;
• state the date on which you want the graduate to start work and the duration or likely duration of the work;
• be for vacancies paying at least the national minimum wage; and
• be appropriate for graduates who are educated to a graduate level.

We reserve the right at our absolute discretion to refuse, or remove, any job description (or other information about job vacancies) which in our opinion does not comply with the above requirements, or which in our opinion is not otherwise suitable for our website.
You must provide us promptly with any further information that we may request from you regarding any position or vacancy that you are seeking (or have sought) to be filled by a graduate. If you invite a graduate to an interview, you agree promptly to notify us accordingly.

Our responsibilities regarding graduates
Only our current or former students are entitled to register as graduates on our website. However, we are not always able to obtain confirmation of the identity of individuals who register as graduates, or of the accuracy of the information they provide to us, and we cannot obtain confirmation that any graduates have the experience, training, qualifications or authorisation to work in the vacancy to be filled.
Where we actively select graduates for consideration for a particular vacancy, we will use reasonable care in doing so, but we cannot guarantee (and therefore make no warranties or representations) that any such graduate will be suitable for the vacancy in question. We have been advised by the Employment Agency Standards Inspectorate that we are not acting as an employment agency in providing these services to you, by virtue of s.13(7)(h)(i) of the Employment Agencies Act 1973; and we are therefore under no obligation to (amongst other things) make sure that graduates are only proposed for roles for which they are properly qualified.

Your responsibilities regarding graduates

It is your responsibility to:

• confirm the identity of any graduate with whom you deal, and the accuracy of any information they provide to you;
• take all such steps as you deem are necessary to satisfy yourself as to the suitability of graduates for vacancies, including without limitation in respect of their qualifications, work experience, and right to work in any country to which the vacancy relates;
• check whether there are any requirements imposed by law or otherwise for you to meet to enable the graduate to take up a position, including without limitation in respect of any contact they may have with children or vulnerable people;
• take up any references provided by graduates and/or us; and
• arrange for any advisable examinations and/or investigations into the medical history of graduates

You must treat all graduates during the recruitment process in accordance with all applicable laws and legislation. You must disclose to graduates any risks to health and safety known to you and the steps you have taken to prevent or control such risks.

Purchase of our services

When you place an order to buy services from us, you are offering to enter into a contract with us for the supply to you of those services for your business. You warrant that you are acting as a business and you confirm that in placing an order, you are not acting as a “consumer” for the purposes of any consumer protection legislation (including, without limitation, for the purposes of the Consumer Protection (Distance Selling) Regulations 2000).

We reserve the right to reject any order we receive and a contract will only be entered into when we either provide you with the services you have ordered, or we send you express confirmation of our acceptance of your order by e-mail or other electronic or written communication. In the former case, we will also send you an email to confirm that we have received and taken payment for your order.

If we accept your order, you will be charged the current price (plus VAT, if applicable, at the rate in force at the time of supply) for the services shown on our website at the time you place your order, except for cases of obvious error.

We accept all major credit and debit cards which must be registered to the cardholder’s address. When you place an order, Sage Pay will process your credit or debit card and validate your account details, and payment for the ordered goods or services will be taken. Card details are handled by Sage Pay and are not saved by us. Sage Pay is level 1 PCI DSS compliant.

Our VAT number is GB510398660.

Refunds

Unless specifically stated otherwise on our website, we do not offer refunds for any payments made for services should you want to cancel an order once it has been accepted. Before ordering any services, please read carefully the relevant information to make sure that it is right for your business. You acknowledge that you may, when paying for our services, receive no, or no suitable, applicants from graduates for any vacancy for which you are seeking to recruit, and in these circumstances you expressly agree that you shall not be entitled to a refund.
If, having accepted your payment, we subsequently decide (at our absolute discretion) that we are unable or unwilling to provide the services for which you have paid, you shall only be entitled to a refund if in our reasonable opinion you have not been in breach of the terms and conditions of use of our website.

ADDITIONAL TERMS AND CONDITIONS FOR GRADUATES

These additional terms and conditions form part of the general terms and conditions for use of our website, if you register to use our website as a graduate. In the event of any conflict between these additional terms and conditions and the general terms and conditions, the former shall prevail.

Please print off a copy of both sets of terms and conditions, for your future reference.

Data protection

If you register as a graduate on this website, personally identifiable information (“personal data”) about you may be made available, in accordance with our privacy policy, to third parties who have registered with us as recruiters (“recruiters”), including recruiters who are based in countries outside the European Economic Area which may not have data protection legislation which is equivalent to our own. Recruiters have agreed only to use personal data of people who have registered as graduates for the purposes for which it is provided, namely in relation to a specific vacancy for which they are seeking to recruit. They have further agreed to process the personal data with due care and attention, with respect to the privacy of the individuals concerned, and in accordance with all relevant data protection legislation, including without limitation the Data Protection Act 1998. However, we cannot guarantee that they will do so, and we accept no liability in this respect.

Your responsibilities

Anyone is entitled to register as a recruiter on our website. We reserve the right to refuse (or to cancel) any recruiter’s registration, for example if we believe that they have provided us with incorrect information. However, we have no way of knowing the suitability or otherwise of recruiters, and it is your responsibility to take all such steps as you deem are necessary to satisfy yourself as to the standing of the recruiter and the suitability for your purposes of their vacancy.

Steps you may wish to take include checking:

• the identity and location of the recruiter and the nature of their business
• the exact nature of the position to be filled and the terms and conditions of employment/engagement
• the commencement date and duration of the position
• any possible risks to your health and safety
• any experience, qualifications or authorisations which the recruiter believes are necessary for the position to be filled, or which may be required by law (for example, if you are going to be working with children or vulnerable people)
• whether any interview expenses will be paid

Information that you supply to recruiters must (to the best of your knowledge and belief) be accurate and complete. You agree that, if we become aware that you have provided information to a recruiter that is not accurate or complete, we may notify that recruiter accordingly.

You agree that, if you are invited to interview by a recruiter, that recruiter may notify us accordingly.

PRIVACY POLICY

References in this privacy policy to “we”, “our” and “us” are references to us, the University of the Arts London.

We are committed to respecting and protecting the privacy of people who use our LCF First Move website at www.lcffirstmove.co.uk. For the purposes of the Data Protection Act 1998 (“the DPA”), we are the data controller for our website, as we have control over and responsibility for the personally identifiable information (“personal data”) that we collect from you, or that you provide to us. We comply with the data protection principles set out in the DPA and we process all personal data with due care and attention and in accordance with the DPA.

This privacy policy forms part of the terms and conditions for use of our website. By agreeing to these terms and conditions, you are consenting to our use of your personal data in accordance with this privacy policy.

The information we collect from you

When you use our website, we may collect and process the following personal data about you:

• information that you choose to provide to us via our website (for example, information you provide about yourself when registering or creating a CV);
• records of any correspondence you may have with us (for example, if you send us an e-mail);
• details of your visits to our website and the resources that you access; and
• details of any transactions you carry out through our website and of the fulfilment of your orders

We may use “cookies” to help obtain information about your use of our website. Cookies are files containing information that are transferred from our website to the hard drive of your computer. They help us to improve our website and to provide you with a more personalised service. For example, cookies may be used to recognise your computer by its IP address, operating system and browser type, so that the next time you come back to our website we know that you are a repeat visitor. It is normally possible to alter the settings of your computer so that cookies cannot be used in this way, but this may affect the way in which you can use our website.

How we may use this information

The personal data that we collect from you via our website is stored on servers in the United Kingdom. It may be processed by our staff and by contractors (and by the staff of these contactors) who work for us. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this privacy policy.

We may use your personal data in the following ways:

• to verify your identity
• to ensure that material on our website is presented in the most effective manner for you and for your computer;
• to provide you with information, materials and services that you request from us or which we believe may interest you, where you have consented to being contacted for such purposes;
• to carry out any obligations we may have to you;
• to allow you to participate in interactive features of our website;
• to communicate with you on any matter relating to our website; and
• for various administrative functions connected with our website.

We may also collect and analyse data from your personal data to help us to understand our users as a group so that we can provide a better service. We may share aggregated data with selected third parties, without disclosing individual names or personally identifying information.

Disclosure of Your Information

We may disclose your personal data to our officers, employees, consultants and agents, and to any of our subsidiary companies.

We may disclose your personal data to (other) third parties where we are under a duty to do so in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements (including in order to fulfil our contractual obligations to other users of our website), or to protect our rights, property or safety, or those of others. This includes exchanging information with other companies and organisations for the purposes of fraud prevention and credit risk reduction.

IF, HAVING REGISTERED AS A GRADUATE, YOU CREATE AND UPLOAD YOUR CV TO OUR WEBSITE, WE MAY MAKE YOUR CV AVAILABLE TO THIRD PARTIES WHO HAVE REGISTERED WITH US AS RECRUITERS (“RECRUITERS”). SOME OF THESE RECRUITERS MAY BE BASED OUTSIDE THE UK, INCLUDING IN COUNTRIES OUTSIDE THE EUROPEAN ECONOMIC AREA WHICH DO NOT HAVE DATA PROTECTION LEGISLATION WHICH IS EQUIVALENT TO THE DPA. BY CREATING AND UPLOADING YOUR CV, YOU ARE THEREFORE CONSENTING TO YOUR CV BEING MADE AVAILABLE TO SUCH RECRUITERS.

Changes to this privacy policy

We may change this privacy policy from time to time. Any changes will be displayed on our website. You are deemed to have agreed to any changes when you next use our website following any such change.

We welcome your feedback on our privacy policy. Please contact us by e-mail at fbrs@fashion.arts.ac.uk.

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