Legal
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
- 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
Biosecurity Commons Privacy Policy
1. We respect your privacy
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- Biosecurity Commons respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
- “Personal information” is information we hold which is identifiable as being about you.
2. Collection of personal information
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- Biosecurity Commons will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
- You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
- Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
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- Biosecurity Commons collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
4. Use of your personal information Use of your personal information
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- Biosecurity Commons may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
- Biosecurity Commons may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information Disclosure of your personal information
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- We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
- We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
- We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Biosecurity Commons, www.biosecuritycommons.org.au, its customers or third parties.
- Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to Australia, Singapore and USA.
- If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
- By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.
6. Security of your personal information Security of your personal information
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- Biosecurity Commons is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
- The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
7. Access to your personal information Access to your personal information
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- You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at support@biosecuritycommons.org.au.
- We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy Complaints about privacy
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- If you have any complaints about our privacy practices, please feel free to send in details of your complaints to support@biosecuritycommons.org.au. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
9. Changes to Privacy Policy Changes to Privacy Policy
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- Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
10. Website
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- When you visit our website – When you come to our website (www.biosecuritycommons.org.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
- Cookies – We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
- Third party sites – Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Biosecurity Commons is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
Our partners
Biosecurity Commons is a joint initiative of the Australian and Queensland Government, the NCRIS-funded Australian Research Data Commons (ARDC) and four other organisations.
- Biosecurity Commons received investment (https://doi.org/10.47486/PL021) from the Australian Research Data Commons (ARDC). The ARDC is funded by the National Collaborative Research Infrastructure Strategy (NCRIS).
