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Biosecurity Commons Platform Terms of Use

Biosecurity Commons Privacy Policy

Biosecurity Commons Platform Terms of Use

These terms and conditions (Terms) are between you and The University of Melbourne (ABN 84 002 705 224) (we, our, us or the University) and govern your access to and use of the web-based research platform (the Biosecurity Commons Platform) which is comprised principally of the portal at https://www.biosecuritycommons.org.au/. By registering for, accessing or using the Biosecurity Commons Platform, you agree to be bound by and comply with these Terms.

Service access

1. Upon your acceptance of these Terms, we will provide you with login access to the Biosecurity Commons Portal. You must complete your online registration via the Biosecurity Commons Portal before you can proceed.

Content uploaded to the Biosecurity Commons Platform

2. You retain all of your intellectual property rights in any content you upload to the Biosecurity Commons Platform whether as a moderator or a participant (Research Content). The University does not claim ownership of any of your Research Content. Notwithstanding the foregoing, if you are an employee of one of the Universities, that University’s IP policies concerning IP ownership prevail to the extent of any inconsistency with these Terms.

3. You grant the Universities a worldwide, royalty free licence to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit any of your Research Content (to the extent not already owned by a University), but only for the purposes of providing services to registered users of the Biosecurity Commons platform. As part of this you acknowledge that Research Content uploaded onto the Biosecurity Commons Platform will be accessible to other registered users.

4. You represent and warrant that:

a. you own or control the appropriate rights in and to your Research Content, including any intellectual property owned by third parties;

b. you have all ethics and other approvals and permissions necessary to allow you to upload your Research Content; and

c. you will not submit, upload, or otherwise make available via the Biosecurity Commons Platform, any Research Content or materials that are in breach of law or are otherwise offensive or inappropriate as determined by us.

Intellectual Property

5. You acknowledge and agree that the Biosecurity Commons Platform is owned by us and will not make any claim you have any intellectual property rights in the Biosecurity Commons Platform (other than any Research Content not already owned by us). These terms do not grant you any rights to use the University’s name, brand or trade marks (including Biosecurity Commons) except where incidental to you using and receiving the service via the Biosecurity Commons Platform.

6. We grant you a non-transferable licence to access and use the Biosecurity Commons Platform and any of our content made available through the Biosecurity Commons Platform in accordance with these Terms and solely for the purposes of using the Biosecurity Commons Platform for your research project.

Privacy

7. We collect, use, and discloses your personal information in connection with the Biosecurity Commons as set out in the Privacy Policy.

Your use of the Biosecurity Commons Platform

8. You acknowledge and agree that the Research Content, including the questions and information you seek and obtain via the Biosecurity Commons Platform is solely your responsibility and it is also your sole responsibility to interact with other registered users and make all necessary contractual and other arrangements for your research activities with those other registered users, or third parties.

9. You may not circumvent or bypass any technological protection measures in or relating to the Biosecurity Commons Platform or disassemble, decompile or reverse engineer any software or other aspect of the Biosecurity Commons Platform, except and only to the extent that the applicable copyright law expressly permits you to do so. You may not use the Biosecurity Commons Platform for any unauthorised way that could interfere with anyone else’s use of the Biosecurity Commons Platform or gain access to any service, data, account or network. You may not enable access to the Biosecurity Commons Platform by unauthorised third party applications.

10. You must not knowingly upload or introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Biosecurity Commons Platform.

11. We may suspend or cancel your access to or use of the Biosecurity Commons Platform at any time without prior notice.

Liability

12. To avoid doubt, we have no obligation to provide maintenance and support services in relation to the Biosecurity Commons Platform and the Biosecurity Commons Platform is provided on an ‘as is’ basis.

13. To the extent permitted by law and except for in relation to any guarantee, right or remedy you may be entitled to under the Australian Consumer Law:

14. all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or conferred by statute (other than the Competition and Consumer Act 2010 (Cth) and the Competition and Consumer Regulations 2010 (Cth)), custom or the general law that impose any liability or obligation on us in relation to the Biosecurity Commons Platform are expressly excluded under these terms of use; and

15. we have no liability to you or anyone else (including in negligence) for any type of loss, however incurred, in connection with your use of the Biosecurity Commons Platform, including (without limitation) loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees). This limitation of liability does not apply to reasonably foreseeable loss or damage you may be entitled to compensation for under the Australian Consumer Law.

16. In addition to any rights you may have under these Terms, you may also have other rights under statutes which vary from jurisdiction to jurisdiction. In particular, you may have statutory rights under consumer guarantees or terms which apply to the supply of products or services , which cannot be excluded, restricted or modified by these Terms (collectively, Consumer Guarantees).

17. These Terms do not exclude, restrict or modify the application of the Consumer Guarantees or any other condition, warranty, guarantee, right or remedy conferred by or implied under any provision of any statute where to do so would (i) contravene the relevant statute; or (ii) cause any part of these Additional Terms to be void and/or unenforceable.

18. Other than the Consumer Guarantees, we exclude all warranties, conditions or other terms, whether implied by statute or otherwise including, without limitation, all representations or warranties, either express or implied, about content contained on the Biosecurity Commons Platform or services provided to you through the Biosecurity Commons Platform for any purpose (including representations about the accuracy, currency, completeness or suitability of the information published on the Biosecurity Commons Platform).

19. Except for liability under the Consumer Guarantees, we exclude liability for all Losses suffered or incurred by any person: (i) in connection with or in any way relating to the Biosecurity Commons Platform or services provided to you through the Biosecurity Commons Platform, including any disruption to the Biosecurity Commons Platform or interference with or damage to computer systems or other electronic devices; or (ii) in connection with any errors, omissions or inaccuracies contained in any information published on the Biosecurity Commons Platform, including Losses in connection with your reliance on information obtained through the App; and otherwise under or in connection with these Additional Terms.

20. Except for liability under the Consumer Guarantees, to the extent that we are unable to exclude its liability under these Terms, we limit our liability, at our option and to the maximum extent permitted by law, to: (i) resupplying the services or equivalent services; or (ii) paying the cost of having the services or equivalent services resupplied.

21. You indemnify us (jointly and severally) and each of our directors, officers, employees, agents, advisers, consultants and contractors (collectively, Indemnified Persons) against all Losses arising from or relating to: (i) your use of the Biosecurity Commons Platform; (ii) your breach of these Terms or breach of law; (iii) your breach of any third party rights; or (iv) any claim alleging that you have infringed the intellectual property or other rights of any person.

22. If any Indemnified Person suffers or incurs any Loss as a result of your breach of these Terms or other act or omission and we would have been able to recover those Losses if the Losses were suffered or incurred by us, then we will be able to recover those Losses as if those Losses were suffered or incurred by us (jointly or severally).

23. In these Terms, Losses means all liabilities, losses, damages, costs and expenses including: (i) direct, indirect or consequential liabilities, losses, damages, costs and expenses; (ii) legal costs and disbursements, whether incurred or awarded against a party, including costs of investigation, litigation, settlement and compliance with judgments; and (iii) interest, fines and penalties, suffered or incurred by any person, and whether arising in contract, tort (including negligence) or otherwise.

General

24. We may change these Terms at any time. The most current version of these Terms is available at https://www.biosecuritycommons.org.au/legal/#terms. You agree to be bound by the changed terms if you continue to use the App after the terms have changed.

25. If any part of these Terms is held to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of these Terms will continue in force.

26. These terms are governed by the laws applicable in the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of that State

27. If you have any questions, complaints or claims in respect of these Terms or the Biosecurity Commons Platform, please contact:

Biosecurity Commons Team
contact@biosecuritycommons.org.au