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EthOS

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EthOS terms and conditions

Definitions

  • AIHW means the Australian Institute of Health and Welfare
  • Derivative work means material in any form that is created by modifying, adapting or editing any content in this system
  • EthOS means the Australian Institute of Welfare Ethics Online System (this system)
  • Terms means these terms and conditions of use
  • this system or this database means the AIHW Ethics Online System (EthOS)
  • We or us means the Australian Institute of Health and Welfare
  • you means the legal entity or entities using EthOS (user) and your principal, if you are acting as an agent for another

General conditions

  1. These terms and conditions govern the use of EthOS.
  2. EthOS is owned and managed by the Australian Institute of Health and Welfare (AIHW).
  3. All use of EthOS is subject to these Terms as updated from time to time, and includes all notices, disclaimers, copyright and privacy statements.
  4. By using EthOS, you acknowledge and agree that:
    • you have read, accept, and agree to be bound by these Terms, as updated from time to time
    • in particular, you acknowledge that your agreement to these Terms constitutes a legally binding agreement between you and the AIHW commencing from the moment you access the EthOS home page and select any item or link thereon, and
    • that all other terms, notices and disclaimers appearing in EthOS, or as otherwise notified to you from time to time, are hereby incorporated by this reference into these Terms.
  5. If you do not agree to be bound by any of these Terms, you are not authorised to access or use EthOS.

Prohibited uses of this system and content

  1. In addition to any copyright restrictions provided, you must not use EthOS, nor any of the content on, or derived from, EthOS, without our prior written permission:
    • to sell, license or commercialise any content from, or derived from, EthOS
    •  to sell access to the information contained in EthOS, either directly or indirectly on another system or website
    • to produce derivative works from the content in EthOS for commercial purposes
    • to engage in any illegal purpose, or infringe the rights of, or restrict or inhibit the use and enjoyment of, EthOS by any party;
    • to modify any of the content in EthOS other than as required to lodge and manage your own applications or, as a delegate of your institution, lodge or manage applications submitted by your institution
    • to obtain advertising or other revenue directly or indirectly from content from, or derived from, EthOS
    • to reproduce, store, communicate, publish or otherwise use the content from or derived from EthOS on, or in connection with, an external website, intranet site or equivalent media to remove any copyright, trade mark or other electronic rights management information appearing on, or in connection with, EthOS or any linked websites
    • to falsely or inaccurately represent either directly or indirectly that you, your website, or your products are connected with, or sponsored or approved by the AIHW or the Australian Government, or in a manner that is misleading or conveys inaccurate information to the public.
  2. Nothing in clause 6 is intended to limit your lawful ownership and rights to store, manage, file or otherwise lawfully deal with project-related information that was created solely by you and/or your institution and submitted into EthOS for consideration by the Ethics Committee.

Intellectual property

  1. With the exception of personal information and project information created solely by and entered into EthOS by external applicants, AIHW owns copyright of all material contained on this site. You must not use any of our registered or unregistered trademarks without our prior written consent, except to use the marks to correctly describe or refer to our goods or services. In particular, you must not use any of our registered or unregistered trademarks:
    • in, as part of, or as the whole of, your own trademarks
    • in connection with activities, products or services that are not ours, or
    • in a manner that might be confusing, misleading or deceptive.
  2. You acknowledge that you do not acquire any rights to the intellectual property contained in the information provided to you through this system or in any part of the system itself.

Disclaimer and indemnity

  1. The system is provided for use ‘as is’. AIHW has the right to change, vary or discontinue any feature on, or accessible through, EthOS including without limitation your ability to conduct any transactions, system content, availability, pricing, and these terms and conditions of use. The AIHW accepts no liability for any losses arising directly or indirectly from a failure to access EthOS, or any linked website or facility, any corruption or loss of data, errors or interruptions arising in relation to use of this system or any linked website, or any suspension or discontinuance of EthOS by us.
  2. You must take your own precautions to ensure that the process you employ to access this system does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your equipment.
  3. The information in EthOS is provided for general information only. It is made available on the understanding that, in providing the information, the AIHW is not engaged in the provision of advice, other than in stating whether a specified project has received ethical approval from the AIHW Ethics Committee and any conditions attached to such approval. Whilst AIHW makes every reasonable effort to maintain accurate and up to date information in EthOS, you should exercise your own skill and care in relation to the information provided via the system (including information provided on any linked websites). You should make your own independent inquiries and seek professional advice in relation to any specific issues that concern you.
  4. The AIHW accepts no liability whatsoever arising directly or indirectly from the use of, or reliance upon, the information provided in, or via, EthOS. You agree to indemnify and hold harmless the AIHW, its officers, employees and agents from and against any loss, liability or damage you may suffer (including, without limitation, in dealing with any claim against you), howsoever caused (including through negligence), as a result of, or in connection with, the use or misuse of this system, its content or any hyperlinked site by you.
  5. Without limiting the generality of clause 13, you agree that we will not be liable to you for:
    • loss or damage to your records or data,
    • loss of profits or savings, whether actual or anticipated
    even if we are advised of the possibility of any such loss. Nor will we be liable for any other thing to do with or related to this system or your access to it, except to the extent for which we cannot exclude liability under law.