Terms of use - Australian Urban Observatory

Australian Urban Observatory terms of use

We provide data that enables policy makers, planners and members of the general community to access a wide range of indicators relating to the built environment through our Portal which is accessible on this Site.

By accessing or using this Site, you agree to be bound by these terms of use. If don’t wish to be bound by these terms of use, you must not use or access this Site.

Interpretation

Acknowledgments means the acknowledgements for Data Sets that are owned by third parties and licensed to us for use in the Portal. These are set out below these terms of use.

Data Sets means the information, data or other material used or incorporated in the Portal and includes maps, statistical information, research results, geographic and location-based information whether in text or any other form.

Funding Partner means an organisation or Site user with access to additional benefits, reports and insights on the Site that are unavailable to users who access the Site free of charge.

Portal means the Urban Observatory portal, our web-based output viewer on the Site which displays indicators relating to the built environment derived from the Data Sets.

Site means this website located at www.auo.org.au and includes its sub-domains, the Portal and all materials available on them.

We, us and our mean the Royal Melbourne Institute of Technology ABN 49 781 030 034, a body corporate under the Royal Melbourne Institute of Technology Act 2010 (Vic).

You and your means you as a Site user (and if you are employed and use this Site in connection with your professional duties, also includes your employer or contractor).

Ownership of materials

Subject to the arrangements set out in the Acknowledgements, we own all intellectual property rights (including copyright) in this Site.

The Data Sets use and incorporate data and intellectual property which is owned by third parties. The licensing arrangements between us and these third parties are set out in the Acknowledgments. Where a Data Set is licensed to us under a licence set out in the Acknowledgements, your use of that Data Set is governed by that licence and these terms of use, and that licence will prevail to the extent of any inconsistency between that licence and these terms of use.

Licence and attribution of our Site

We grant you a worldwide, royalty free, non-exclusive, non-sublicensable, non-transferable and revocable licence to use this Site strictly in accordance with these terms of use. This licence is formed after your first use of this Site. You:

cannot distribute, sell, incorporate in products or services or otherwise make the whole or part of the Portal or this Site available for use by a third party for the purposes of generating any income or any other commercial purposes;

cannot use any automatic computerised mechanism, including any web scraper, spider or robot, to access, extract and/or download any information from this Site;

cannot reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site except to the extent you may be expressly permitted to decompile under applicable laws;

cannot allow or permit the Portal or any other part of this Site to be combined with or incorporated into other websites or software;

cannot remove, alter, attempt to obstruct or interfere or otherwise render ineffective any aspect of this Site, including by removing or avoiding security features, attributions or legal terms that are notified to users as part of accessing or using this Site;

must comply with any additional requirements for use of this Site notified by us to you from time to time; and

must ensure that anyone who you authorise or permit to use this Site complies with these terms of use.

You cannot publish or release any materials from this Site (including any visualisations of Data Sets on the Portal) without contacting us at auo@rmit.edu.au and obtaining our prior written consent at least 3 months before the proposed publication date or before submission for publication. We may withhold that consent at our absolute discretion.

If we give you consent to publish any information or materials from the Site (other than maps from the Portal), you must include the following attribution in that publication:

“Spatial data have been provided by the Healthy Liveable Cities Group, Centre for Urban Research, RMIT University with funding support provided through the Australian Prevention Partnership Centre, NESP Clean Air and Urban Landscapes Hub and NHMRC Centre of Research Excellence in Healthy, Liveable Communities. Any publications utilising the data are not necessarily the view of or endorsed by RMIT University or the Healthy Liveable Cities Group. RMIT excludes all liability for any reliance on the data.”

If we give you consent to publish any maps from the Portal, you must include the following attribution within that map:

“Spatial data have been provided by the Healthy Liveable Cities Group, Centre for Urban Research, RMIT University.”

Nothing in these terms of use permits you to use our trade marks or brands, to assert or imply that we have any connection with you, or that we endorse any work you undertake.

Access

We may restrict access to Portal, or visualisations of particular Data Sets on the Portal, to particular types of users at any time and without notice to you.

We may provide you with an account and secure login details to access the Portal. You must keep any secure login details we provide to you confidential and must not use another person’s secure login details to access the Portal. You must immediately tell us if you know, or suspect, that the security of your account has been compromised or if your account has been used by an unauthorised person by emailing auo@rmit.edu.au.

Subject to the terms of the arrangements set out in the Acknowledgements for Data Sets that are owned by third parties and licensed to us, we:

reserve the right to provide advice on use of the Portal and the Data Sets through commercial and other arrangements; and

may charge Funding Partners a fee designed to cover our core administrative and maintenance costs associated with the Site.

Funding Partners

You may apply to become a Funding Partner, subject to any application processes and eligibility criteria notified by us to you from time to time.

Funding Partners must pay a fee notified by us to them from time to time to cover our core administrative and maintenance costs associated with the Site. We may vary a Funding Partner’s fee by providing reasonable notice to them.

After we give you an invoice for your Funding Partner fee, you must pay that amount to us (plus any applicable GST) within 30 days and by using a payment method specified on the Site or advised by us to you from time. If we don’t receive your Funding Partner fee in full by this time, we may not accept your application to become (or renew your membership as) a Funding Partner. We may also remove your access to the additional benefits, reports and insights we provide to you on the Site.

Your responsibilities

You are responsible for ensuring this Site is suitable for your own use or purposes, including that it is compatible with your web browser.

You acknowledge that the information on this Site:

is not professional, scientific, technical or expert advice, and is subject to the usual uncertainties of advanced scientific and technical research;

may not be accurate, current or complete;

is subject to change without notice; and

should never be relied upon as the basis for doing or not doing something. In particular, the Portal must not be relied upon when making any financial decision involving the expenditure of money or incurring any liabilities.

You must not remove, alter or otherwise interfere with any trade mark, logo, copyright or other proprietary notices, symbols or labels or copyright protection devices that may be used or incorporated in this Site.

Liability

These terms of use do not exclude or limit any guarantee, condition, warranty, right or liability implied by any law (including the Australian Consumer Law), the exclusion of which would contravene that law or cause any provision of these terms of use to be void (non-excludable guarantees).

Subject to the non-excludable guarantees, we provide this Site on an ‘as is’ basis, and your use of this Site is at your sole risk. Subject to the non-excludable guarantees, we don’t warrant or represent that:

all information on this Site is suitable for your use or is fit for any purpose;

the Portal or any other part of this Site is error-free, operates without interruptions or causing downtime or will result in any outcomes;

transmissions to or from the Site will not be intercepted or modified by third parties;

your use of the Site will be free from viruses, worms or harmful code;

any links to websites operated by third parties are approved or endorsed by us; and

your use of this Site will not infringe the intellectual property rights of any third party.

To the extent permitted by law (including the Australian Consumer Law), we will not be liable to you for any losses suffered by you in any way arising from your use of this Site (whether foreseeable or not) including loss of data, loss of information, loss of revenue, loss of profit or business opportunity or for any damage to your goodwill or reputation.

To the extent permitted by law (including the Australian Consumer Law), you indemnify us from:

any claim, demand, action, suit or other proceedings brought against us arising directly or indirectly out of your reliance on this Site or your use or inability to use the Site; and

any breach by you of these terms of use.

Privacy

This Site may require cookies to enable it to function. If you do not allow us to use cookies, you may not be able to use this Site.

A cookie is a text string that is included with Hypertext Transfer Protocol (HTTP) requests and responses. Cookies are used to maintain information when you navigate different pages on a website or return to the website later.

We may contact you from time to time to ask for your feedback about this Site and the Data Sets, which will assist us in improving this Site’s accessibility and functionality. You may opt-out of receiving these communications at any time.

Any personal information collected by us during your visit to this Site will be dealt with in accordance with our Privacy Policy which can be found at www.rmit.edu.au/about/governance-and-management/policies/privacy.

Termination

We may immediately terminate these terms of use and your access to the Site, including if you breach any of these terms of use or any of the licence arrangements for a Data Set that is set out in the Acknowledgments.

Any indemnity and any obligation of confidence under these terms of use will survive termination.

General

We may update these terms of use from time to time in our sole discretion and without notice to you. Each time changes are made to these terms of use, a revised version of the terms of use will be posted on this Site so please check them each time you visit. By continuing to use the Site following the posting of the changes, you accept the revised terms of use.

These terms of use record the entire agreement in connection with the subject matter and supersede any earlier agreements and representations that may have been made by us to you about this Site.

If any of these terms are or become invalid, at our option, the relevant part is severed or to be read down; and doesn’t affect the validity of the remaining parts. Any waiver has to be in writing and signed. We don’t waive a right if we fail to exercise it or delay exercising it.

These terms of use are governed by and construed in accordance with the laws of Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of Victoria.

Acknowledgments

The content on this Site includes things like text, code, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material which is protected by intellectual property laws (eg copyright, patents, and registered trademarks and designs), as well as other legal rights and actions. This Site includes content which we own or control, as well as content which is owned or controlled by other parties, which we licence.

Content that is licensed under an Open Data Commons Open Database License (ODbL)

This Site contains data derived from open street maps and is made available under the Open Database License: http://opendatacommons.org/licenses/odbl/1.0/. Any rights in individual contents of the database are licensed under the Database Contents License: http://opendatacommons.org/licenses/dbcl/1.0/

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Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so. https://opensource.org/licenses/MIT

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This software is provided by the copyright holders and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the copyright holder or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage. https://opensource.org/licenses/BSD-2-Clause

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