IC Global Portlet
The Portlet Terms, and any variations to them, are legally binding, and by accessing and using the IC Global Portlet, you indicate your acceptance and agreement to comply with them. If you do not agree to comply with the Portlet Terms, you must not access or use the IC Global Portlet.
If you are accessing the IC Global Portlet in connection with your employment or as an agent for a principal, you should only accept the Portlet Terms and continue to access and use the IC Global Portlet if you have been authorised to do so by your employer or principal. By accessing and using the IC Global Portlet, you are confirming that you have been authorised to do so on behalf of your employer or principal.
If you fail to comply with these Portlet Terms, we may withdraw your access and use rights to the IC Global Portlet on a permanent or temporary basis. We also reserve all other legal rights we may have to take action against you.
For the purpose of the Portlet Terms, “IC Global” and “we” means the Commonwealth Scientific and Industrial Research Organisation (ABN 41 687 119 230).
1. Access to the Portlet
1.1 Status of the IC Global Portlet and use of IC Global Platform
- The IC Global Portlet is currently in beta form and, while we use our reasonable endeavours to maintain the IC Global Portlet, we cannot guarantee that:
- there will be no technical interruptions or downtime relating to the IC Global Portlet;
- there will be no bugs or errors in the IC Global Portlet; and
- you can access and use the IC Global Portlet without error.
- We may limit the number of service calls that you make through the use of the IC Global Portlet to the IC Global Platform, the volume of IC Global Platform data that may be accessed, or anything else as deemed appropriate, according to our sole discretion, without notice. We may use technical measures to prevent over-usage as described above.
- We reserve the right to modify the IC Global Platform and to release subsequent versions of the IC Global Platform at any time without notice to you.
1.2 Your rights and to access and use the Portlet
- Subject to compliance with 1.2(b), we grant to you a non-exclusive and non-transferable right to access, download and embed the IC Global Portlet and use it in accordance with its standard functionality, including to enable you to display a directory of research expertise on your own website. If you would like to use the IC Global Portlet for any other reason, you must seek our prior written authorisation to do so.
- You must ensure that you access and use the IC Global Portlet in accordance with the Portlet Terms, and that you comply with any directions we provide to you in relation to your access and use of the IC Global Portlet. Specifically, you must:
- embed the IC Global Portlet in your website in its complete form as provided by IC Global, without alteration, and in accordance with the requirements set out on the IC Global Developer Website (including the acknowledgement that profiles are powered by IC Global);
- not alter or obfuscate IC Global data or any of the surrounding presentation, material, or code associated with the IC Global Portlet;
- not provide or distribute HTML codes (generated to embed) to any third party (other than your employer or principal) without first obtaining our express written authorisation
- not make available the IC Global Portlet for access and use by a third party (other than your employer or principal), and you must notify us of any unauthorised access to and use of the IC Global Portlet;
- not embed the IC Global Portlet within advertisements or for other commercial purposes;
- not use, sell, or transmit to others any data obtained from the IC Global Portlet, including data related to the user’s interaction with the IC Global Platform. For the avoidance of doubt, this prohibition includes, but is not limited to, any use of pixels, cookies, or other methods to recognize users’ clicks on the IC Global Platform, the data of which is then disclosed, sold, or otherwise shared with other parties;
- ensure that the website in which you embed IC Global Portlet does not contain material that is obscene, libellous, or defamatory; infringes any other entity's intellectual property rights; infringes upon or violates any applicable law; or in any other manner which IC Global determines in its sole discretion, to be contrary to its best interests and reputation.
- not embed the IC Global Portlet in a way that results in harassment or bullying of others
- not reverse engineer or otherwise seek to copy or reproduce any part of the functionality, design, or software incorporated into the IC Global Portlet;
- not use the IC Global Portlet in any way that may impair availability or accessibility to complete IC Global data;
- not attempt to override any security or protective measures embedded in the IC Global Portlet;
- not use the IC Global Portlet for any illegal, fraudulent or inappropriate purpose; and
- not use or refer to the IC Global Portlet in any way that might bring us into disrepute.
- You (or your employer or principal) will have their name and logo listed on the IC Global website (with a link through to their website)
- IC Global may analyse your use of the IC Global Portlet, including to ensure your compliance with these policies and to facilitate our development of tools for embedding the IC Global Portlet. By embedding the IC Global Portlet on a website, you give IC Global permission to review and analyse that website.
2. INTELLECTUAL PROPERTY RIGHTS
- As between you and us, the intellectual property rights subsisting in the material in the IC Global Portlet, including any intellectual property rights in the updates to the IC Global Portlet or the associated documentation in the IC Global Developer Website is owned by us.
- We grant to you a royalty-free, non-exclusive, non-assignable, non-sublicensable licence to use the intellectual property rights subsisting in the IC Global Portlet to the extent necessary for you to access and use the IC Global Portlet in accordance with the Portlet Terms. We do not grant to you any licence or other rights to use the intellectual property subsisting in the IC Global Portlet for any other purpose. If you would like to use the intellectual property rights in the IC Global Portlet for any other purpose, you must seek our prior written authorisation.
- You must notify us promptly if you know or suspect any infringement or threatened infringement of the intellectual property rights in the IC Global Portlet or associated documentation.
3. No use of CSIRO name
- You must not use the name, any trade mark or logo of IC Global or CSIRO or link in any way to claim or otherwise imply any sponsorship, endorsement, approval or affiliation or other association with IC Global or CSIRO by virtue of the Portlet Terms or your access to and use of the IC Global Portlet and/or any IC Global Platform data, unless you have our express written authorisation.
- Nothing in the Portlet Terms:
- creates a relationship of agency, partnership, or joint venture between IC Global or CSIRO and you or any other party:
- entitles a party to, or purport to, bind or represent another party;
- allows a party to do any act which would imply apparent authority to act for the other.
4. acknowledgments and disclaimersYou accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the IC Global Portlet and any material made available through the IC Global Portlet.
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers:
- the IC Global Portlet and any materials (including any ic global platform data) provided through or on the IC Global Portlet are made available to you on an “as is” basis without warranty of any kind including without limitation the warranties of merchantability, fitness for a particular purpose, non-infringement, the absence of latent or other defects, uninterrupted operation or the presence or absence of errors, whether or not discoverable.
- YOU ACKNOWLEGE THAT MATERIAL MADE AVAILABLE THROUGH THE IC GLOBAL PORTLET:
- IS NOT PROFESSIONAL, SCIENTIFIC, MEDICAL, TECHNICAL OR EXPERT ADVICE;
- IS SUBJECT TO THE USUAL UNCERTAINTIES OF ADVANCED SCIENTIFC AND TECHNICAL RESEARCH;
- MAY NOT BE ACCURATE, SUITABLE, CURRENT OR COMPLETE;
- IS SUBJECT TO CHANGE WITHOUT NOTICE; AND
- SHOULD NEVER BE RELIED ON AS THE BASIS FOR DOING OR FAILING TO DO SOMETHING.
- TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CSIRO BE LIABLE ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE) FOR ANY CLAIM, LOSS, DAMAGES OR OTHER LIABILITY HOWSOEVER INCURRED. WITHOUT LIMITING THE SCOPE OF THE PREVIOUS SENTENCE THE EXCLUSION OF LIABILITY SHALL INCLUDE: LOSS OF PRODUCTION OR OPERATION TIME, LOSS, DAMAGE OR CORRUPTION OF DATA OR RECORDS; OR LOSS OF ANTICIPATED SAVINGS, OPPORTUNITY, REVENUE, PROFIT OR GOODWILL, OR OTHER ECONOMIC LOSS; OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ACCESS AND USE OF THE IC GLOBAL PORTLET AND ANY MATERIAL MADE AVAILABLE THROUGH THE IC GLOBAL PLATFORM, EVEN IF CSIRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS, DAMAGES OR OTHER LIABILITY.
- APPLICABLE LEGISLATION SUCH AS THE AUSTRALIAN CONSUMER LAW MAY APPLY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, OR IMPOSES OBLIGATIONS OR LIABILITY ON US THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED TO THE FULL EXTENT SET OUT IN THE EXPRESS TERMS OF THIS CLAUSE ABOVE (CONSUMER GUARANTEES). TO THE EXTENT THAT SUCH CONSUMER GUARANTEES CONTINUE TO APPLY, THEN TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LEGISLATION, OUR LIABILITY UNDER THE RELEVANT CONSUMER GUARANTEE IS LIMITED (AT OUR OPTION) TO ONE OF THE FOLLOWING REMEDIES OR SUBSTANTIALLY EQUIVALENT REMEDIES:
IN THIS CLAUSE, CSIRO INCLUDES ANY THIRD-PARTY AUTHOR OR OWNER OF ANY PART OF THE IC GLOBAL PORTLET OR ANY MATERIAL MADE AVAILABLE THROUGH IT. CSIRO MAY ENFORCE ANY RIGHTS ON BEHALF OF THE RELEVANT THIRD PARTY.
- THE REPLACEMENT OF THE IC GLOBAL PORTLET OR ANY MATERIAL ACCESSED THROUGH THE IC GLOBAL PORTLET, THE SUPPLY OF AN EQUIVALENT PORTLET OR ANY MATERIAL ACCESSED THROUGH THE PORTLET, OR SUPPLYING RELEVANT SERVICES AGAIN;
- THE REPAIR OF THE IC GLOBAL PORTLET OR ANY MATERIAL ACCESSED THROUGH THE IC GLOBAL PORTLET;
- THE PAYMENT OF THE COST OF REPLACING THE IC GLOBAL PORTLET OR ANY MATERIAL ACCESSED THROUGH THE IC GLOBAL PORTLET, OF ACQUIRING THE EQUIVALENT, HAVING THE RELEVANT SERVICES SUPPLIED AGAIN.
You agree to indemnify us against all actions, claims, losses, expenses, costs or damages that we incur arising directly or indirectly from your breach of the Portlet Terms or your unauthorised use of the IC Global Portlet or any material made available through the IC Global Portlet or IC Global Platform.
- As previously noted, the IC Portlet uses and provides material through the IC Global Platform and is subject to the Platform Terms, which include provisions relating to privacy and use of ‘personal information’, as defined in the Privacy Act 1988 (Cth) (Personal Information). You should refer to the Platform Terms relating to Personal Information as they will apply to your use of the IC Global Platform, as accessed by the IC Global Portlet. We do note that any information published on the IC Global Platform will be available on the internet and accessible worldwide.
- We will hold and use any Personal Information that we collect from you as a result of your access to and use of the Portlet:
- to process and respond to technical support requests and other enquiries;
- for administration purposes;
- to provide you with further information about the Portlet, and IC Global;
- for accounting purposes;
- for databank administration; and
- for any other reasonable purpose relating to our relationship with you as an IC Global Portlet user.
- We may use de-identified information for the purpose of further research and development of the Portlet and related activities.
- Other than for the purposes set out above or where we may be required by law to disclose certain information, we will not use or disclose your Personal Information without your consent.
7. Force Majeure
We will not be liable for any delay or failure to perform our obligations under the Portlet Terms if such a delay is due to an event which is beyond our reasonable control, including (but not limited to) acts of God, natural disasters, war, cyber and physical terrorism, failure or diminishment of power or telecommunications or data networks or services, riots, civil commotion, malicious damage, acts or requirements of government.
8. Dispute resolution and governing law and jurisdiction
8.1 Resolving Disputes
In any dispute arising out of or in connection with the Portlet Terms or the access and use of IC Global Portlet, you agree to first negotiate in good faith with us to resolve it. If the dispute is not resolved by those negotiations within 30 days, you will notify us before taking any court or other legal proceedings, and either party may refer the dispute to the Australian Dispute Centre Limited (ADC
) for resolution by mediation in accordance with the ADC Guidelines on Mediation. However, this does not limit our rights under the Portlet Terms or prevent us from seeking any urgent interlocutory relief.
8.2 Governing law and relevant jurisdiction
- The Portlet Terms will be governed by and interpreted in accordance with the laws of the Australian Capital Territory, to the exclusion of any principles of conflicts of laws.
- You agree to the jurisdiction of the courts of the Australian Capital Territory to determine any dispute arising out of this agreement.
- Notwithstanding the foregoing, we have the right to commence and prosecute any legal or equitable action or proceeding before any non-Australian court of competent jurisdiction to obtain injunctive or other relief in the event that, in our opinion, such action is necessary or desirable.
- These Portlet Terms are effective until terminated.
- We can terminate the Portlet Terms by:
- notifying you in writing via email; or
- posting a notice on the IC Global Developer Website.
- The effective date of termination will be set out in the notice and may be immediate at our absolute discretion.
- On termination, all your rights to access and use the IC Global Portlet will cease.
- Termination does not affect our rights to any information we have obtained from you prior to termination.
- Termination does not affect our ability to claim damages or other compensation for breach of the Portlet Terms or of any other rights we may have at law.
- You agree that damages may not be appropriate as an exclusive remedy in respect of all breaches of the Portlet Terms and we are entitled to seek and obtain an injunction (including on an interim basis) to prevent any alleged breach of the Portlet Terms or our rights to the IC Global Portlet, in addition to any right to recover damages.
10. General PROVISIONS
- No action of ours, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Portlet Terms.
- We may assign or novate any rights and obligations in the Portlet Terms subject to the conditions we choose to impose.
- All international conventions that might import contractual terms into the Portlet Terms are excluded, including the United Nations Convention on Contracts for the International Sale of Goods.
- Any provision of the Portlet Terms which is prohibited or unenforceable in a jurisdiction will be severed to the extent necessary to make the Portlet Terms valid and enforceable in that jurisdiction. The severance of a provision will not invalidate the remaining provisions of the Portlet Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
- The Portlet Terms are to be read subject to any laws (to the extent they are applicable in the circumstances) that cannot be excluded, so that the Portlet Terms will as far as possible be valid and enforceable by us in the relevant circumstance.