AURIN TERMS OF USE
(1 July 2022)
The AURIN Services include the AURIN Data Provider (ADP), Dashboard, AURIN Website, Training Materials and any other associated sites and functionalities administered by AURIN or accessible through aurin.org.au (including all subdomains) (the “AURIN Services”) as updated from time to time.
AURIN is the Australian Urban Research Infrastructure Network. The University of Melbourne, is AURIN’s lead agent. The University of Melbourne administers, operates and controls AURIN. The AURIN Services is copyright © The University of Melbourne 2011 – 2022.
These Terms of Use describe the ways in which you can use the AURIN Services. AURIN withholds the right to deny any user access to the AURIN Services for operational reasons. We may make changes to these Terms of Use by publishing them on our website. These Terms of Use should be read together with AURIN’s Copyright and Attribution page and Privacy Policy.
Please read these Terms of Use carefully before using the AURIN Services.
If you do not accept these Terms of Use, you may not use the AURIN Services.
AURIN SERVICES TERMS OF USE
By accessing or using the AURIN Services, you are agreeing to the Terms of Use below:
1. Interpretation
In these Terms of Use, a reference to “Data” means any information, data or other material accessible through the AURIN Services from time to time, and includes but is not limited to facts, geographic and location-based information, statistical or survey information, compilations and research results, whether in text or any other form. A reference to a “Dataset” means a particular sub-collection of Data. All Datasets can be found here. A reference to “AURIN Services” includes any software, code, scripts, applications, dashboards, services or any other intellectual property made available through the AURIN Services from time to time.
2. Access
An account may be required to access the AURIN Services. Access to some of the AURIN Services is restricted and can be accessed via the Australian Access Federation (AAF) secure login. Users associated with AAF collaborator institutions, approved researchers, policy-makers and decision-makers can use their AAF credentials to login and use the AURIN Services. If your organisation does not have AAF credentials, you can apply for an account in the AAF Virtual Home Organisation. These accounts allow access to the AURIN Services at AURIN’s discretion.
You are responsible for keeping your login details confidential and secure. You may only access the AURIN Services using your own personal login credentials. You must not share your account with anyone else. Please tell us if you suspect that the security of your account has been compromised, or if your account has been used by an unauthorised person or in an unauthorised way, by emailing support@aurin.org.au.
All accounts must be associated with an individual unless express written permission of AURIN has been granted. Accounts for organisation wide use of the AURIN Services may only be created and used with the express written permission of AURIN (which may be granted via email). If you are using the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms of Use and by accepting the Terms of Use, you are doing so on behalf of that entity (and all references to “you” in the Terms of Use refer to that entity).
AURIN reserves the right to deny you access to the AURIN Services if you do not comply with these Terms of Use and withholds the right to introduce any further access restrictions in the future.
3. Dataset Licensing
The AURIN Services provide access to Datasets licensed under various licence types. It is your responsibility to locate and abide by the correct licence for Datasets you access via the AURIN Services (the “Relevant Data Licence”). You must read the terms of the licence that applies to the Dataset you intend to use, and use that Dataset in compliance with the Relevant Data Licence. You can find the metadata of Datasets by searching for the Dataset you have accessed via the AURIN Services here. The metadata associated with each Dataset will also state which licence applies and will provide a link to the Relevant Data Licence.
Your use of all Datasets is restricted by both the Relevant Data Licence and these Terms of Use. The Relevant Data Licence will prevail to the extent of any inconsistency between the terms of that Relevant Data Licence and these Terms of Use.
If You use any Dataset provided by any AURIN Services, you are agreeing to that Relevant Data Licence including any restrictions on use, specific attribution requirements and other important conditions of that dataset. By clicking through any such additional terms related to the Dataset, you acknowledge that you have read, understood and agree to be bound by the Relevant Data Licence, in addition to these Terms of Use and any applicable Relevant Data Licence.
By default, the AURIN Services will provide access to Open Data licensed datasets.
4. Attribution
You must properly attribute Data in accordance with the requirements of the Dataset’s Relevant Data Licence.
In addition to the requirements of the Relevant Data Licence you must also include the attribution of AURIN as the location that you accessed the Dataset in compliance with our Copyright and Attribution page.
5. Ownership of Intellectual Property
The AURIN Services are owned by the University of Melbourne. Data is either owned by or licensed to the University of Melbourne.
We assert our rights in the AURIN Services and to Data.
We grant you a worldwide, royalty free, non-exclusive, non-sublicensable, non-transferable and revocable licence to use the AURIN Services strictly in accordance with these Terms of Use.
You:
a) cannot distribute, sell, incorporate in products or services or otherwise make the whole or part of the AURIN Services available for use by a third party for the purposes of generating any income or any other commercial purposes;
b) cannot use any automatic computerised mechanism, including any web scraper, spider or robot, to access, extract and/or download any information from the AURIN Services;
c) cannot reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the AURIN Services except to the extent you may be expressly permitted to decompile under applicable laws or is available under an open source software licence;
d) cannot allow or permit the AURIN Services to be combined with or incorporated into other websites or software unless the specific component of the AURIN Services is expressly made available under an open source software licence;
e) cannot remove, alter, attempt to obstruct or interfere or otherwise render ineffective any aspect of the AURIN Services, including by removing or avoiding security features, attributions or legal terms that are notified to users as part of accessing or using the AURIN Services;
f) must comply with any additional requirements for use of the AURIN Services notified by us to you from time to time; and
g) must ensure that anyone who you authorise or permit to use the AURIN Services complies with these Terms of Use.
6. Requirements for Your Users (your “End Users”)
You must ensure End Users of any product you develop utilising the AURIN Services or Data comply with the terms of the Relevant Data Licence, these Terms of Use, any open-source software licence and any other terms of use or licence applicable to ensure your compliance with these Terms of Use.
For the avoidance of doubt, if you provide Data to your End Users you must provide the terms of the Relevant Data Licence to your End Users.
7. Disclaimer
You agree and acknowledge that, to the extent permitted by law (including the Australian Consumer Law if applicable), we:
a) do not represent or warrant that the AURIN Services are free from errors or omissions, or that they are exhaustive;
b) do not represent, warrant or accept any liability in relation to the availability, reliability or quality of the AURIN Services; and
c) disclaim any warranties, representations or endorsements, express or implied, with regard to the AURIN Services or the Data, including all implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
8. Data ‘as is’
Data may be owned by AURIN or come from third party data providers. Third party data providers are responsible for their particular Datasets. We do not warrant that Data is accurate, complete or up-to-date, or that its use will not infringe any third- party rights. Your use of Data is at your own risk. You should check the accuracy, completeness and currency of any Dataset with the relevant data provider before relying on it. Please notify us if you think any Data is inaccurate, incomplete, unreliable or out of date by emailing support@aurin.org.au.
9. Indemnity
You indemnify the University of Melbourne against any claim, loss, damage, liability, cost or expense that we may incur arising out of your use of AURIN Services or Data, or your breach of these Terms of Use.
10. External Websites
We sometimes provide links to external websites. We do not accept responsibility for, or endorse the content of, those sites.
11. Privacy
Data is generally provided in an aggregate or anonymised form. However, it may be possible to identify an individual from the Data (for example, by combining Datasets or analysing data).You must not use the AURIN Services or Data in a manner that breaches the privacy of an individual, the Privacy Act 1988 (Cth) or any other legislation which protects the privacy of individuals in your jurisdiction.
The ways in which we collect, use, hold and disclose personal information is set out in our Privacy Policy.
You may not use the AURIN Services if your use of the AURIN Services will require compliance with international privacy laws which are not similar in effect to the Privacy Act 1988 (Cth) and the Privacy and Data Protection Act 2014 (Vic).
12. Open-Source Software
AURIN uses some open-source software and it is included in some AURIN Services. Some of the code, scripts or software may be offered under an open-source licence. Open-source software licences constitute separate written agreements. To the extent of any inconsistencies, the open-source software licence expressly supersedes the Terms of Use to the extent of that inconsistency.
AURIN Services open-source copyright attributions and licences available here.
13. Jurisdiction
The laws that are applicable in Victoria, Australia govern these Terms of Use and you submit to the jurisdiction of the courts of that state and any courts which may hear appeals from those courts.