The Terms of Use form the legally binding agreement between you and Commonwealth Scientific and Industrial Research Organisation ABN 41 687 119 230 (CSIRO).

Introduction

By using the App and the Content available on and through it, you are agreeing to be bound by these Terms of Use and the Privacy Policy.

The Terms of Use form the legally binding agreement between you and Commonwealth Scientific and Industrial Research Organisation ABN 41 687 119 230 (CSIRO). We may amend these Terms of Use at any time. Amendments to these Terms of Use will be effective immediately upon notification on this App. Your continued use of the App following such notification will represent an agreement by you to be bound by the Terms of Use as amended.

We may supplement these Terms of Use with additional terms and conditions pertaining to the research and specific surveys you undertake using the App (Research Conditions). These Research Conditions will be displayed in introductory information on the App when you register. Research Conditions that are specific to a particular survey (Survey Conditions) will be displayed on the App before you take part in the survey. If you do not accept the Research Conditions (or Survey Conditions for a survey), you should not participate in the research (or complete the relevant survey).

Terminology

  • Application or App – means the CSIRO Energise mobile application.
  • App Content – means Content you access via the App.
  • Content – means contributions, content or material, and includes, but is not limited to: survey invitations and questions; feedback on your responses; reports; articles; multimedia such as videos, sound files, photos, graphs, other images, music; textual material such as reviews, annotations, comments, forum and blog postings, information; geospatial/location data, records, metadata; databases, datasets and models.
  • You/user – means you as a user of the Application or App Content.
  • Your Content – means any information or Content that you submit, post, display or upload on the App, for example by submitting responses to a survey.

Registration and Termination

In order to use the App and complete surveys on the App, you must:

  • be 18 years or over and living in Australia; and
  • register to establish a user account, by providing a valid email address.

We will not accept a registration that we suspect is being made by or on behalf of someone who has been suspended or terminated for violation of these Terms of Use.

After registering for a user account, you can choose to complete a ‘user profile’, which includes a username and cartoon avatar. You can also set your leaderboard preferences by indicating whether or not you wish to appear on the App's leaderboard.

Only you may login to, and subsequently use, your user account. Your use of the App is only valid for your personal, non-commercial use, and may not be shared with others. You are responsible for maintaining the confidentiality and security of your login details (e.g. email address and verification pin) and/or any account information for the App, as well as the security of all device(s) through which you access the App (e.g. mobile phone). You are therefore responsible for everything done or submitted using your user account. If you become aware of any unauthorised use of your user account, you should notify us immediately via email at energise@csiro.au.

We may lock, restrict, suspend and/or terminate your registration or user account if you breach these Terms of Use, or if we have reasonable grounds to suspect this is the case.

If you wish to terminate your registration or user account, or withdraw from participating in the research (for example, all future surveys), simply deactivate your user account and delete the App from your device(s).

Notwithstanding termination of your registration or account, CSIRO will still be entitled to use any of Your Content that you submitted to the App (for example, responses to surveys) up until the point of termination, as set out in these Terms of Use (see ‘Completing Surveys’ below).

If you deactivate your user account, you may choose to reactivate your account in the future. To reactivate, you must download the App and re-register using the same email address. If you choose to reactivate your user account, you should check that your profile and leaderboard settings are up to date.

Completing Surveys

You may be invited to participate in surveys using the App, from time to time. You must read and agree to the Survey Conditions prior to completing the survey.

Participation in surveys is completely voluntary. You are free to skip any questions you do not wish to answer, and you can choose whether or not to disclose information.

You retain copyright and any other rights you already hold in Your Content. You are free to make available, use or publish Your Content elsewhere.

You warrant that you own or created Your Content or have the necessary rights, licenses or permissions to make Your Content available on the App.

You will make reasonable efforts to ensure Your Content is accurate at the time you collected or created it or made it available on the App.

By submitting Your Content through the App, you agree that CSIRO may use, reproduce, adapt and modify and sub-license it for any purpose (although your personal information will be managed as set out in ‘Personal Information’ below).

You acknowledge that we may publish (for example, in reports, papers, media releases and on websites) or communicate a version of Your Content, which does not include your name, street address or contact details, along with other survey results, and allow third parties to use and reproduce it for their own purposes.

Personal Information

Our Privacy Policy also forms part of the Terms of Use. The information in the Privacy Policy about how CSIRO collects and uses personal information through the CSIRO website also applies to personal information collected or provided via this Application.

CSIRO is collecting your personal information through the App for the purposes of conducting scientific research; enabling your use of the App; to administer the App; to send you survey invitations, research updates and other notifications via the App; and for processing any of your enquiries and providing you with further information. In the event of a complaint, we may also receive personal information about you from other App users and/or third parties who may communicate information to us in relation to that complaint.

Whenever you give us personal information (for example, when you provide your email address to register a user account and sign up to use the App, when you complete surveys via the App, and when you contact us via email) you are consenting to the collection and use of this information in accordance with our Privacy Policy.

Further information about data privacy and confidentiality for a particular survey will be displayed in the Survey Conditions for that survey, before you choose whether or not to take part. Many surveys you receive through the App will not ask for personal or sensitive information. However, at times you may be asked for identifying information such as your full name, address and contact details. Disclosing such information is entirely voluntary. If you choose to provide personal information, it will be kept strictly confidential and managed in accordance with the Privacy Act 1988 (Cth).

Any publicly accessible datasets, reports or other publications arising from the surveys will not contain individual names, contact details or street address information for any person or household that participates.

If you provide personal information to us through the App, it will be stored on Australian Amazon Web Services servers and CSIRO servers as set out in ‘Security’ below. By giving us your personal information, you consent to this method of storage.

Using the App and App Content

You may use the App and App Content only for lawful purposes, in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the App by any third party.

When you use the App or App Content, you must not post or transmit material which:

  • is obscene, offensive, unlawful, defamatory, malicious, threatening, abusive, or scandalous;
  • ·violates any law, including laws regarding harassment, discrimination, racial vilification, privacy or contempt;
  • encourages conduct that would contravene any law;
  • is intentionally false or misleading; or
  • is an infringement of copyright or other intellectual property rights.

If you use or download Content from the App, you:

  • recognise that it may be protected by copyright and other intellectual property rights (including moral rights) and will respect those rights;
  • agree to acknowledge, reference or attribute CSIRO and the original authors of the Content (if specified) in any derived information product, work or publication that is based on the relevant Content;
  • will not remove any identifier of ownership, disclaimer or terms of use that are associated with the Content;
  • may distribute Content to third parties under the terms of these Terms of Use. You must not impose any additional restrictions on the use of original, unaltered Content by third parties; and
  • recognise that the Content is provided without any warranty regarding its quality, accuracy, completeness, currency, relevance or suitability for any particular purpose and that you use the Content at your own risk (see ‘Disclaimer’ below).

Intellectual Property

All intellectual property rights in this App, including design, text, graphics, video, logos, icons, sound recordings and all software relating to this App, belong to or are licensed by CSIRO. These intellectual property rights are protected by Australian and international laws.

You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the App in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish, post, frame within another website or application, or create derivative works from any part of this App or commercialise any Content obtained from any part of this App without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material.

Many of the trademarks or logos displayed on the App such as the CSIRO logo or name are trademarks of CSIRO and cannot be used in a manner that suggests CSIRO endorses or is associated with your business, products or services without the express written permission of CSIRO.

Disclaimer

The App, linked websites and App Content are intended to provide information for general and scientific use, to assist research and public knowledge, discussion and policy development.

CSIRO makes the App and App Content available on the understanding that you use them at your own risk – they are provided ‘as is’ and ‘as available’ and you exercise your own skill, judgement and care with respect to their use or your reliance on them (including anything you access through links to external third party websites). You acknowledge that Content on or made available via the App:

  • may contain statements based on scientific research and comprise data collected by CSIRO and third parties;
  • is not professional, scientific, medical, technical or expert advice and may be subject to the usual uncertainties of advanced scientific and technical research; and
  • should not be relied upon as specific to you and therefore as the basis for doing or failing to do something.

CSIRO gives no warranty regarding the quality, accuracy, completeness, currency, relevance or suitability for any particular purpose of the App Content or the App.

To the fullest extent permitted by applicable law, CSIRO (including its employees and contractors) excludes all liability to any person for any consequences, including but not limited to all losses, damages (including indirect, special or consequential damages, loss of business, revenue/profit, loss of time etc.), costs, expenses and any other compensation, arising directly or indirectly from your use of the App or App Content (including through links to external third party websites) or inability to access the App.

If you find any inaccurate, out-of-date or incomplete Content on the App, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by contacting energise@csiro.au.

Notifications

From time to time, the App may display or send you notifications (for example, when a new survey is available). If you do not wish to receive notifications, you can disable them within your mobile device settings. With your express permission, we may also send you notifications using communication channels outside of the App (for example, via email).

Links to External Websites

The App may include links to external websites; however, we do not have direct control over the Content of the linked websites, nor the changes that may occur to Content on those websites. We are not responsible for the Content or privacy practices associated with linked websites and applications.

When you click the link to an external website, you will be redirected to a third party site.

You should consult the legal and copyright notices on the third party website to determine the extent to which you may (or may not) be able to use Content on that website for your intended purpose. We make no representation that the material on any linked websites does not infringe the intellectual property rights or any other rights of any person. Nor do we authorise the reproduction of such material.

Links to external websites do not constitute an endorsement by CSIRO or a recommendation by CSIRO of those host organisations or websites, including any information, material or third party products or services available from or through those websites.

Linking to the App

We encourage the use of links on external websites to the App. However, such links should not suggest that your website, organisation or services/products are endorsed by CSIRO. CSIRO reserves the right to prevent linking or framing if these conditions are not met.

Security

Your personal information and survey responses collected via the App will be stored on Amazon Web Services (AWS) servers and CSIRO servers in Australia. It will be password protected and accessible only to authorised personnel. Data security will also be managed though appropriate firewalls, encryption of private data, and a separation of access privileges for identifying data and other survey information.

The internet exists across insecure, public networks and there is a risk of unauthorised access to Your Content; that transmissions to or from this App may be intercepted and modified by third parties; or that files obtained from or through this App may contain computer viruses, disabling codes, worms or other defects.

CSIRO accepts no liability for any interference with or damage to your computer system, software, or data occurring in connection with or relating to the App or its use including the tools provided. You are encouraged to take appropriate and adequate precautions to ensure that whatever is obtained from this App is free of viruses or other contamination that may interfere with or damage your computer system, software or data. We recommend that you use appropriate and up-to-date firewall and anti-virus software to protect your computer systems.

You must not try to circumvent the security features of the App, or tamper with, hack into, or in some other way disrupt any computer system, server, website, router or other device used to host this App or make it available.

Email Addresses on the App

The presence of email addresses on the App does not infer consent to send unsolicited commercial electronic messages (email) to those addresses.

General

These Terms of Use are governed by the law applicable to the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that State.

No delay, neglect or forbearance on the part of CSIRO in enforcing these Terms of Use will be, or deemed to be, a waiver. Nor will it prejudice any rights of CSIRO.

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