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Terms and Conditions
Verion last update 3 April 2009.
 
This CSIRO Alumni Online Network website (AxON) is owned and operated by the Commonwealth Scientific and Industrial Research Organisation ABN 41 687 119 230 (CSIRO).
 

AxON is available for you to access and use only on the condition of your acceptance, without alteration, of the terms and conditions set out below (Terms and Conditions of Use). By visiting or using AxON you are agreeing to comply with the Terms and Conditions of Use. If you do not agree to comply with the Terms and Conditions of Use then you must not access or use AxON.

TERMS AND CONDITIONS OF USE

1. General Conduct

AxON is intended as a means to facilitate communication among CSIRO Alumni Members and it is important to ensure that trust and respect is maintained in all engagements within and outside of CSIRO and the CSIRO Alumni Community. Accordingly, where these Terms and Conditions of Use do not specifically address a matter in relation to usage of AxON, you must act in a manner which:

· accords with the general principles described above;

· respects the privacy of others; and

· respects any other rights of others, including maintaining the confidentiality of information and observing any conditions on use of materials available on AxON.

2. Acknowledgments

You acknowledge that:

· CSIRO will not be liable or otherwise have any responsibility in relation to any transaction, arrangement, agreement or other relationship you enter into with another party as a result of any information or material which you become aware from AxON,

· any material submitted by you to AxON may be used in accordance with these Terms and Conditions of Use.  In particular you agree that you are the copyright owner of material posted by you or that you are permitted by the copyright owner to post the material and authorise its use in accordance with these Terms and Conditions, including in accordance with clause 3.

· further terms and conditions may apply in respect of your use of other specific parts of AxON.

3. Permitted uses of material on AxON

The intellectual property rights, including copyright, subsisting in the material on AxON is owned by CSIRO and other intellectual property right owners.

Trade marks referred to on this site may be registered in some jurisdictions. Where this site refers to any trade marks not owned by CSIRO, CSIRO does not thereby represent that it has an ownership interest in, or a licence to use, any such trade marks.

Some parts of AxON or material contained on it, are restricted to registered members of AxON only.

Provided you do so in good faith and in accordance with these Terms and Conditions of Use, you may:

· take temporary copies necessary to browse AxON on screen; and/or

· unless otherwise stated, download, copy onto your hard drive or print a single copy of copyright material on the AxON,

for your own research, educational, or personal use to the extent that such use is permitted by these Terms and Conditions of Use.

However you must not change any of the material or remove any part of any copyright or trade mark notice.

Any other type of use requires prior written consent from CSIRO or the relevant rights owner.

4. Prohibited behaviour

When using AxON, you must not:

· post, upload, email ,transmit or otherwise make available any of the following:

i. any illegal material;

ii. material which infringes the rights (including any intellectual property rights or rights to confidential information) of any person;

iii. content which is inappropriate, such as harmful or abusive language, obscenities, hate speech or harassing, threatening, offensive or vulgar language;

iv. defamatory comments;

v. content which might unreasonably restrict or inhibit the use and enjoy AxON by other AxON users; or

vi. any other material that is considered inappropriate to CSIRO.

· post, upload, email or otherwise transmit any unsolicited advertising, promotional materials (including material that may be considered "junk mail," or "spam,") or any other form of solicitation for commercial or business purpose that is not explicitly permitted by these Terms and Conditions of Use;

· knowingly post, upload, email, transmit or otherwise introduce any material that contains viruses or any other software code, data or programs which may interrupt, harm, delete, limit or otherwise interfere with the functionality or integrity of any computer software or hardware or telecommunications equipment;

· transmit or re-circulate any material obtained from AxON to any third party, unless you have received the prior consent to do so from the owner of the material;

· use or refer to AxON in any way that might harm the reputation of CSIRO or any other member of the AxON.

5. Password and access to account

The security of your password is solely your responsibility and you should not share it with anyone nor store it in an insecure place.

You should not allow others to use your account to access AxON.

6. Information security

In relation to any Personal Information which you access and/or download through AxON:

· Such information is confidential and may only be used in accordance with these Terms and Conditions of Use.

· You must ensure the security of such accessed information and you must not share such information with any person.

7. Permitted uses for commercial or business purposes

Use of AxON for commercial or business purposes is permitted only on the following basis:

· You must not, under any circumstances, approach for business purposes any person who indicates on their Directory that they do not wish to be approached by anyone for business purposes.

· You may contact persons whose details appear on the Directory for business purposes only if your approach is specifically targeted to those persons and only after you have properly researched and are satisfied that such persons are likely to be interested in your business approach.

· Any business approach made by you must contain an express statement that you will not make any further approach unless the recipient indicates that they wish to continue contact. Accordingly, if you do not receive an express indication that the person wishes to remain in contact, you must not make any more approaches to such persons.

· The bulk email facility available in AxON must not be used for business purposes.

8. Use of bulk email facility

The bulk email facility available in AxON may only be used for the purposes of communicating with:

· members of your Chapter;

· members of groups or networks to which you belong, for group purposes; or

· members of discussion groups to which you belong, on topics of relevance to the discussion group.

9. Trading & Services

9.1 Dedicated Trading & Services pages

Certain types of notices may only be posted on AxON as follows:

· Notices of a commercial nature concerning an Alumni Member's own commercial ventures may only be posted on AxON's “Alumni in Business” pages; and

· Any other notices for the purposes of buying, selling, trading or otherwise making available of a thing or services may only be posted on AxON's “Buy Sell Swap” pages.

However, CSIRO may establish further bulletin boards for the advertisement of alumni businesses.

9.2 Disclaimer

The pages identified in 9.1 (Trading & Services Pages) are provided as places in which users of AxON may communicate things or services that they wish to make available or acquire from others. CSIRO merely hosts the Trading & Services Pages and does not provide any further support or endorsement for, or is otherwise connected with, any things or services posted in the Trading & Services Pages. CSIRO does not review the postings on the Trading & Services Pages and does not guarantee the accuracy of postings or communications or the quality, safety or legality of what is offered. If you have any problems in relation to things or services advertised in the Trading & Services Pages, you should, in the first instance, contact the person who you have been dealing with in relation to that thing or service.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CSIRO IS NOT RESPONSIBLE FOR THINGS AND SERVICES ACQUIRED FROM TRADING & SERVICES PAGES AND DOES NOT ACCEPT ANY LIABILITY IN RELATION TO ANY SUCH THINGS OR SERVICES.

10. Chapter & Groups

Members of the CSIRO Alumni may form Chapters or Groups for the pursuit of lawful activities on AxON.

It is CSIRO's intention to encourage an open, interactive and non-discriminatory community. However, organisers and officials of Chapters and Groups may impose reasonable prerequisites for membership of their particular Chapter or Group.

Organisers and officials of a Chapter or Group must exercise their power to add and remove their members fairly and reasonably.

11. Complaints procedure and moderation

CSIRO retains the right and discretion but not the obligation to edit, reject or remove any comment or material which you post or seek to post to AxON.

If you consider that another user of AxON has breached these Terms and Conditions in their dealings with you:

· You should, in the first instance, approach them directly to resolve the matter informally.

· If your informal approach does not provide a satisfactory result, then you may lodge a formal complaint l to ‘Report Abuse' (located in the purple banner on the top right hand side of the database). The formal complaint must clearly state in writing:

i. the identity of the complainant (ie the person raising the complaint);

ii. the identity of the person that the complaint is being made against;

iii. the details of the complaint, including the nature of the complaint and basis for why the complainant considers the behaviour is not in accordance with these Terms and Conditions of Use;

iv. any supporting evidence; and

v. whether an informal resolution was attempted first and the results of such informal approach.

· The Moderators of this site will consider the formal complaint and contact, where necessary, the complainant and the subject of the complaint.

12. Enforcement

If CSIRO considers that you have failed to comply with these Terms and Conditions of Use, it may take disciplinary action against you. Such action includes withdrawing your access rights to AxON on a permanent or temporary basis.

In addition, CSIRO reserves all other legal rights that it may have.

13. Disclaimer

You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using AxON and any information or material available from it. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

CSIRO does not warrant guarantee or make any representation that the functions embodied on, or in the materials on, AxON will operate uninterrupted or are error-free

To the maximum extent permitted by law, CSIRO excludes all liability to any person arising directly or indirectly from your use of, your inability to use, or the information available from AxON, whether or not CSIRO has been advised of the possibility of such damages or loss.

14. Always check information

Views expressed on AxON do not necessarily represent the views of CSIRO on any matter.

CSIRO makes no representations or warranties as to the content's accuracy, completeness or reliability. Without limiting the forgoing, information on AxON:

· is not professional, scientific, medical, technical or expert advice;

· is subject to the usual uncertainties of advanced scientific 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.

15. Security of Information

CSIRO will use reasonable endeavours to implement appropriate encryption technology to protect your communications of sensitive financial and Personal Information to it.

While CSIRO endeavours to provide a secure environment and a reliable system, you should be aware that the Internet exists across insecure, public networks and there are inherent risks associated with the transmission of information via the Internet, including:

  • transmissions to or from AxON may be intercepted and modified by third parties; and
  • files obtained from or through AxON may contain viruses or other defects

You, not CSIRO, must take your own precautions to ensure that whatever you select for your use from AxON is free of viruses and anything else which may cause damage or loss, and you assume the entire cost of all necessary servicing, repair or correction due to your use of AxON.

16. Links

16.1 Links

Links to and frames of this site are permitted but CSIRO reserves the right to prevent linking or framing by giving notice.

Links and frames connecting AxON with other sites are for convenience only and do not mean that CSIRO endorses or approves those other sites, their content or the people who run them.

Unless expressly stated otherwise, CSIRO has no control over or rights in any linked websites and is not responsible for any content contained on any such website or for any loss suffered by you in relation to your use of such websites. You waive any and all claims against CSIRO regarding the inclusion of links to outside websites or your use of those websites.

16.2 Benefits to Members and Advertisements

CSIRO is acting only as a referrer to the products and services appearing in Benefits to Members and makes no recommendation or endorsement of any products or services of any third party appearing, described or mentioned on or linked to AxON. Advertisements or notices made by third parties in relation to their product or services are the responsibility of such third parties and CSIRO does not make any representations in relation to such products or services nor is otherwise involved with the offer of the products or services for sale. If you decide to order any product or service advertised on AxON by a third party, you do so at your own risk.

17. Indemnity

You agree to indemnify CSIRO against all actions, claims, losses, expenses, costs or damages incurred by or on behalf of CSIRO arising directly or indirectly from your breach of the Terms and Conditions of Use or your unauthorised use of AxON.

18. Privacy Statement

CSIRO respects your rights to privacy and any Personal Information collected by CSIRO is treated as confidential and is protected by the Privacy Act 1988. ‘Personal information' is information relating to an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion provided.

However, AxON is operated by CSIRO with the use of YourMembership.com and, consequently, your Personal Information may be transferred and stored in countries outside of Australia, including the United States of America. Therefore it is possible that your Personal Information may be transferred and stored in jurisdictions where privacy laws are less rigorous than Australian privacy laws.

The terms and privacy policy of YourMembership.com can be viewed here.

18.1 Visit Data

When visiting AxON, a record of your visit is logged. The following information is recorded for statistical purposes and is used by CSIRO to help improve AxON. The following information is supplied by your browser:

· the user's server address

· the user's operating system (for example Windows, Mac etc)

· the user's top level domain name (for example .com, .gov, .au, .uk etc)

· the date and time of the visit to the site

· the pages accessed and the documents downloaded

· the previous site visited

· the type of browser used.

No attempt will be made to identify users or their browsing activities except in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the Internet Service Provider's logs.

18.2 Cookies

AxON requires for cookies to be enabled to function. Consequently, if you do not allow CSIRO to use cookies, you will not be able to use AxON.

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

AxON uses cookies to enable a seamless sign-on process for you and CSIRO does not use cookies to track your use of AxON.

18.3 Collection of Personal Information

When you provide CSIRO with Personal Information:

· we will record your name, e-mail address, street address, telephone number, occupation, company, area of interest and other Personal Information provided

· we will only use this information for the purpose for which you provided it

· other than for the purposes acknowledged below, we will not disclose this information without your consent except where CSIRO may be required by law to disclose certain information.

You acknowledge that purposes for which CSIRO may hold and process your Personal Information includes:

· AxON site administration and the provision of services;

· accounting purposes;

· information and database administration;

· automated sending of e-mail messages when you have subscribed to a forum thread; and

· any other reasonable purpose relating to our relationship with you as a member of the web forum.

You further acknowledge that in the above circumstances CSIRO may transfer or disclose your Personal Information to third parties who may be located world-wide. Therefore it is possible that your Personal Information may be transferred to jurisdictions where privacy laws are less rigorous than Australian privacy laws.

When you consent to the publication of your contact details in the Member Directory of AxON, CSIRO will use reasonable endeavours to ensure that the most recent information provided by you is displayed.

We will, at your request, provide you with access to any information which we have collected about you through AxON in accordance with Information Privacy Principle 6, Privacy Act 1988 (Cth). To gain access to this information you should contact us. If you believe that any information is inaccurate, incomplete or out of date, please contact us and we will revise the relevant information in accordance with Information Privacy Principle 7, Privacy Act 1988 (Cth).

19. Variation

These Terms and Conditions of Use or the Privacy Statement may be varied by CSIRO from time to time. CSIRO will use reasonable endeavours to note substantive changes to the Terms and Conditions or Privacy Statement on AxON Community Central when such changes are made. However, it is strongly advised that you refer to the Terms and Conditions of Use and the Privacy Statement on a regular basis as you will be deemed to have accepted any variations to the Terms and Conditions of Use and the Privacy Statement when you continue to access or use AxON after any variation has been posted.

20. Waiver and Severance

No action of CSIRO, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use.

Should any clause of these Terms and Conditions of Use be found to be illegal, invalid or otherwise unenforceable, wherever possible, such clause will be severed from the Terms and Conditions of Use so that each remaining clause will survive and remain in full force and effect.

21. Governing law and relevant jurisdiction

This agreement 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, CSIRO has 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 the opinion CSIRO, such action is necessary or desirable.

CSIRO Alumni, Postal: Bag 10, Clayton South VIC 3169 Australia | Ph: 1300 363 400 | Email: csiroenquiries@csiro.au
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