ApoplastP

CSIRO Web Portal Agreement

THIS AGREEMENT SETS OUT THE TERMS THAT APPLY TO YOUR ACCESS OF THE WEB PORTAL AND ANY DATA AVAILABLE THROUGH IT.

I acknowledge that this tool is available for research purposes only and should not be used in medical or clinical applications. It has NOT been approved by any authority for medical use (eg. FDA or TGA). It is the users responsibility to ensure compliance with any applicable rules and regulations.

ApoplastP is provided by CSIRO for non-commercial use. CSIRO reserves the right to terminate access as permitted under the CSIRO Web Portal Agreement. If you would like to use ApoplastP for commercial applications please contact jana.sperschneider@csiro.au.

The terms of this agreement are legally binding. Your acceptance of all of these terms is indicated by accessing and continuing to access the Web Portal and any Data.

If you intend to access the Web Portal or Data in connection with your employment or as an agent for a principal, you should only accept this agreement if you have been authorised to do so by your employer or principal (as applicable). By accepting this agreement, you are warranting to CSIRO that you are authorised to do so on behalf of your employer or principal (as applicable).

The Data available is provided by third parties (Data Provider). Data Providers have separate terms of use that apply (Data Provider Terms). You must comply with all relevant Data Provider Terms as a condition of this agreement.

If CSIRO has entered into a separate written agreement with you for access to the Web Portal or any Data, the agreement will operate concurrently with this agreement, but will apply to the extent of any inconsistency.

1. Meaning of words

The following words have their defined meaning when used in this agreement:

- 'access' means to access, use, or otherwise benefit from the functionality of the Web Portal or Data, including by accessing, manipulating and downloading Data in accordance with the functionality of the Web Portal. Access includes carrying out one or more of these actions, either personally or via an agent or employee.
- 'CSIRO' means the Commonwealth Scientific and Industrial Research Organisation ABN 41 687 119 230 of Limestone Ave, Campbell, ACT, Australia.
- 'Data' means any third party data available via the Web Portal.
- 'Data Provider' means the third party that makes the Data available (including where the third party provides a service for obtaining data).
- 'Data Provider Terms' means any terms of use for accessing Data published by the relevant Data Provider.
- 'Web Portal' means the web portal services made available by CSIRO from time to time for you and other users in order to facilitate access to Data. It includes any changes, updates or other features that CSIRO may make available from time to time, unless they are provided with separate licence and/or warranty terms and conditions. CSIRO is not obligated to maintain the current or future functionality and may remove features of the Web Portal from time to time.
- 'you' means each person that accesses the Web Portal or any Data, and also includes your employer or principal when you have authority to act on their behalf. 'your' has a corresponding meaning.

2. Right to access Web Portal

CSIRO grants you a non-exclusive and non-transferable right to access the Web Portal in accordance with the standard functionality made available from time to time by CSIRO.

All intellectual property rights (including any copyright) and other rights in and to the Web Portal remain owned by CSIRO (or a relevant third party). CSIRO has no claim over any intellectual property or other rights that you create as a result of your access of the Web Portal.

3. Rights to Data and other third party content

Third party offerings including Data are not owned, provided, or endorsed by CSIRO and you access such third party offerings entirely at your own risk.

For any Data you access, you agree CSIRO is not granting you any rights in relation to that Data, and your access is subject to any separate legal agreement or obligations between you and the relevant third party and/or Data Provider. You should review the relevant Data Provider terms before accessing Data.

4. Your access

Without limiting your obligations, unless permitted in writing by CSIRO, you must not:

a. attempt to obstruct, avoid, obscure or otherwise render ineffective any aspect of the Web Portal, including by removing or avoiding security features, attributions, or legal terms that are notified to users as part of accessing the Web Portal or Data;
b. reverse engineer or otherwise seek to copy or reproduce any part of the functionality, design, or software incorporated into the Web Portal;
c. make available the whole or part of the Web Portal for access by a third party (other than your employer or principal);
d. attempt to access the Web Portal over multiple user accounts (you are only permitted to have a single account unless agreed by CSIRO in writing); or
e. otherwise release or distribute log-in details for the Web Portal.

5. Privacy

When visiting the Web Portal, a record of your visit is logged. By accessing the Web Portal and Data you will also be required to submit other information, including personal information as defined in the Privacy Act 1988 (Cth), to CSIRO and other third parties over the Internet.

CSIRO is required to treat your personal information in accordance with the Privacy Act 1988 (Cth). Any personal information CSIRO collects may be used for the purpose that you provide it for, and CSIRO may also use it as required for processing any enquiries, and providing you with further information, including in relation to our products or services. De-identified information may be used by CSIRO and our collaborators for the purpose of further research and development of the Web Portal and other technologies. As part of the operation of the Web Portal, other third party service providers may also have access to the information that CSIRO has collected.

Data Providers are not acting on behalf of CSIRO. You may be submitting personal information to them directly as part of accessing Data. You should separately confirm their privacy and information handling policies before accessing relevant Data and associated services. They may be subject to different legal obligations with respect to handling and storage of your information.

If you would like to obtain a copy of the personal information CSIRO holds, or correct any information, please contact us via the details on our website www.csiro.au.

6. Removal of liability, warranty or representations

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE WEB PORTAL AND ANY DATA IS PROVIDED "AS-IS". CSIRO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE CONTENTS OR ACCURACY OF THE WEB PORTAL AND ANY DATA, OR OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THE ABSENCE OF LATENT OR OTHER DEFECTS, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.

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 OF THE WEB PORTAL AND ANY DATA OR ANY OTHER DEALINGS WITH THE WEB PORTAL AND ANY DATA, 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 CSIRO 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, THE LIABILITY OF CSIRO UNDER THE RELEVANT CONSUMER GUARANTEE IS LIMITED (WHERE PERMITTED AT CSIRO'S OPTION) TO ONE OF FOLLOWING REMEDIES OR SUBSTANTIALLY EQUIVALENT REMEDIES:

a. THE REPLACEMENT OF THE WEB PORTAL OR ANY DATA, THE SUPPLY OF AN EQUIVALENT WEB PORTAL OR ANY DATA, OR SUPPLYING RELEVANT SERVICES AGAIN;
b. THE REPAIR OF THE WEB PORTAL OR ANY DATA;
c. THE PAYMENT OF THE COST OF REPLACING THE WEB PORTAL OR ANY DATA, OF ACQUIRING THE EQUIVALENT, HAVING THE RELEVANT SERVICES SUPPLIED AGAIN, OR HAVING THE WEB PORTAL OR ANY DATA REPAIRED.

IN THIS CLAUSE, CSIRO INCLUDES ANY THIRD PARTY AUTHOR OR OWNER OF ANY PART OF THE WEB PORTAL OR ANY DATA OR MATERIAL DISTRIBUTED WITH IT. CSIRO MAY ENFORCE ANY RIGHTS ON BEHALF OF THE RELEVANT THIRD PARTY.

7. Termination

This agreement is effective until terminated. CSIRO may terminate this agreement at will by any of the following means:

a. notifying you in writing; or
b. by posting a notice on a website you accessed the Web Portal from.

The effective date of termination will set out in the notice, and may be immediate at CSIRO's absolute discretion.

On termination, all your rights to access the Web Portal cease. Your rights to any Data accessed are subject to any separate Data Provider Terms for the relevant Data. Termination does not affect CSIRO's rights to any information it has obtained from you prior to termination.

Termination does not affect CSIRO's ability to claim damages or other compensation for breach of this agreement or of CSIRO's rights at law, including for access to the Web Portal and any Data without a valid right.

You agree that damages may not be appropriate as an exclusive remedy in respect of all breaches of this agreement and CSIRO will be entitled to seek and obtain an injunction (including on an interim basis) to prevent any alleged breach of this agreement or its rights to the Web Portal or any Data, in addition to any right to recover damages.

8. No use of CSIRO name

You must not use the name, any trade mark or logo of CSIRO to claim any sponsorship, endorsement, approval or affiliation or other association with CSIRO by virtue of this agreement or your access to the Web Portal or any Data, unless you have express written permission from CSIRO.

9. Resolving disputes

In any dispute arising out of or in connection with this agreement or the Web Portal, you agree to first negotiate in good faith with CSIRO to resolve it. If the dispute is not resolved by those negotiations within 30 days, you will notify CSIRO before taking any court or other legal proceedings, and either party may refer the dispute to the Australian Commercial Dispute Centre Limited ('ACDC') for resolution by mediation in accordance with the ACDC Guidelines on Mediation. However, this does not limit CSIRO's rights under the agreement or prevent CSIRO from seeking any urgent interlocutory relief.

10. Entire agreement

All international conventions that might import contractual terms into this agreement are excluded, including the United Nations Convention on Contracts for the International Sale of Goods.

Any provision of this agreement which is prohibited or unenforceable in a jurisdiction will be severed to the extent necessary to make this agreement valid and enforceable. The severance of a provision will not invalidate the remaining provisions of this agreement nor affect the validity or enforceability of that provision in any other jurisdiction.

This agreement is to be read subject to any laws (to the extent they are applicable in the circumstances) that cannot be excluded, so that the agreement will as far as possible be valid and enforceable by CSIRO in the relevant circumstance.

11. The governing law

This agreement is governed by and construed in accordance with the laws of New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts in that State.