IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
1. Meaning of words
The Application means the SafeCoVR application.
Compatible VR Device means the “Meta Quest 2” device and any other compatible virtual reality device that CSIRO may specify in the future.
Terms means these Terms and Conditions of Use for your access and use of the Application
2. Who we are and how to contact us
The Application is owned by the Commonwealth Scientific and Industrial Research Organisation, a body corporate established under the Science and Industry Research Act 1949 (Cth) (also referred to as CSIRO, we, us, and our).
To contact us about the Application, please email: SafetyRiskManagementTraining@csiro.au
3. By installing, accessing or using the Application, you accept these Terms
These Terms are intended to be legally binding. By downloading and installing, accessing or using the Application, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not access or use the Application and uninstall it from any device that you installed the Application on.
If you intend to access and use the Application in connection with your employment or as an agent for a principal, you should only accept the Terms if you have been authorised to do so by your employer or principal. By accepting the Terms, you are warranting to us that you are authorised to do so on behalf of your employer or principal. The employer or principal must ensure that any person who they permit to use the Application comply with these Terms.
4. We may make changes to these Terms
We may, at our discretion, make changes to the Terms from time to time. By continuing to use the Application on or after the date that the change is notified to take effect, you accept the changes to the Terms.
If you do not accept the changes to the Terms, you must not use the Application, and uninstall the Application from any device that you installed it on.
Every time you wish to access or use the Application, please check these Terms to ensure you understand the terms that apply at your time of use.
5. Your rights to use the Application
On the condition that you accept and agree to comply with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use a copy of the Application in accordance with its standard functionality on a Compatible VR Device for your own internal non-commercial purposes only.
For the avoidance of doubt, this licence does not permit you to provide or otherwise make available the Application to any third party in any manner and regardless of whether you receive any benefit for it.
Your right to access and use the Application is effective until terminated.
We may terminate your right to access and use the Application immediately if we believe that you (including any users you permit to use the Application) are not complying with these Terms. In this circumstance, your rights to access and use the Application will cease immediately.
Please note that if we terminate your rights to access and use the Application, this does not affect or limit our ability to claim damages or other compensation for breach of these Terms or our rights at law, including for access and use of the Application without a valid licence.
You agree that damages may not be an appropriate remedy in respect of all breaches of these Terms and we will be entitled to seek and obtain an injunction (including on an interim basis) to prevent any alleged breach of these Terms, in addition to any right we have to recover damages.
6. Availability of the Application
In order to access and use the Application, you will need to install the Application on to a Compatible VR Device.
It is your sole responsibility to obtain your own Compatible VR Device and any other equipment and/or services to enable for your own use of the Application. You are also solely responsible for (which includes ensuring all your permitted users also do so) reading and following the instructions for your Compatible VR Device, including any health & safety information (such as age restrictions and setting up safe boundaries when using equipment) by the provider of such equipment and/or services.
We used our reasonable endeavours to provide a good quality experience with the Application, but we do not guarantee that the Application will always be available, uninterrupted, error-free or operate in accordance with your expectations.
The availability of, and access to, the Application may be subject to Unexpected Events (see section 16 of these Terms below), and any failures or delays involving hardware, software, power or other systems not within our possession or reasonable control. We are not responsible for any delays, delivery failures or other damage resulting from such circumstances.
We may suspend, withdraw or restrict the availability of all or any part of the Application if we consider it necessary for operational reasons. We will try to give you reasonable notice of any suspension, withdrawal or restriction by providing notice via an update to these Terms (or, where applicable, by informing you via your registration email address) .
7. Your obligations and responsibilities when using the Application
You must only access and use the Application in accordance with the rights granted to you in these Terms, and in compliance with the obligations set out in these Terms, including the following:
You must:
- not allow or facilitate, and must prevent, unauthorised persons from accessing, copying or using the Application;
- notify us of any unauthorised access to, copying of or use of the Application;
- not use the Application in any way that may impair the availability or accessibility of the Application;
- not attempt to override any security or protective measures embedded in the Application;
- not use the Application for any illegal, fraudulent or inappropriate purpose;
- not remove, alter or otherwise interfere with any warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Application;
- not distribute, transfer, sell, sublicense, or otherwise make available the whole or any part of the Application for access and use by a third party;
- not make derivative works from any part of the Application;
- not export the Application in violation of applicable export laws and regulations;
- not reverse engineer, decompile, decrypt, modify, disassemble or otherwise attempt to discover the source code of the computer programs in the Application, except to the extent you may be expressly permitted to do so under applicable law.
8. Intellectual property rights in the Application
We are the owner or the licensee of the intellectual property rights in the Application, including in all copies of the Application (CSIRO IP).
Your rights to use CSIRO IP are strictly limited to the extent required by you to access and use the Application in accordance with these Terms. You must not use CSIRO IP for any other purpose, including for distribution, sale, or sublicensing, without obtaining a licence from us to do so.
You must notify us promptly if you know or suspect any infringement or threatened infringement of CSIRO IP.
9. Third Party content
The Application may contain third party software or other intellectual property, some of which may be identified in and licensed in accordance with the Third Party Material and Licences. Such third party offerings are not owned, developed, or endorsed by us and your access and use of such third-party offerings are also entirely at your own risk.
10. The Application is provided ‘As-Is’
To the full extent permitted by applicable law, the Application is provided "as-is" and your use of the application is at your sole risk. 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 application, 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.
11. Limitation of liability
To the full extent permitted by applicable law, in no event will we, our affiliates, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your access, use, or inability to use, the Application, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of reputation, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. we do not exclude or limit in any way our liability to you where it would be unlawful to do so.
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 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) a replacement copy of the application or the supply of substantially equivalent software;
(b) the repair of the Application;
(c) the payment of the cost of replacing the Application, of acquiring substantially equivalent software or having the Application repaired.
Our liability under these terms is reduced proportionately to the extent that any unlawful or negligent act or omission by you contributed to the relevant loss or liability.
12. Indemnification
You agree to defend, indemnify and hold us, our affiliates, and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including legal costs and expenses on a solicitor/own client basis ) arising out of or relating to your violation of these terms or your access or use of the Application.
Your liability to indemnify us is reduced proportionately to the extent that our negligent act or omission contributed to the relevant loss or liability.
13. Privacy
Any personal information submitted or collected from your use or access of the Application will be treated in accordance with the Privacy Act 1988 (Cth) and in accordance with our Privacy Notice.
14. No use of our name
You must not use our name (that is, “CSIRO”, “Commonwealth Scientific and Industrial Research Organisation”, or “Data61”) trademark or any other indicia related to us in a manner, including any claim that suggests any sponsorship, endorsement, approval or affiliation or other association with us, without our prior written consent.
In no case may you use our logo without first receiving our prior written consent.
15. Resolving disputes
If any dispute, controversy, or claim arises between you and us in connection with these Terms, or your use of the Application (Dispute), we both agree to deal with the Dispute in accordance with the following process:
(a) If either of us believes that a Dispute exists, we agree to provide the other with written notice of the Dispute together with details of that Dispute.
(b) If either of us receives a notice of Dispute from the other, we both agree to negotiate in good faith to resolve the Dispute.
(c) If we both cannot resolve the Dispute by negotiation within 90 days, then we both agree to refer the Dispute for mediation through the Australian Disputes Centre (ADC) in accordance with ADC’s Guidelines for Commercial Mediation. The place of mediation is to be Sydney, New South Wales, and the language used in the proceedings will be English. We both agree that each party will bear its own costs in relation to the mediation, but that both parties will equally share the costs of appointing the mediator. The mediation and any offers of settlement will be confidential and without prejudice unless disclosure is required by law.
This clause does not prevent either of us from seeking urgent injunctive or similar interim relief from a court.
16. Unexpected Events
We are not liable for any delay or failure to perform our obligations under these Terms if such a delay is due to an Unexpected Event.
If a delay or failure by us to perform our obligations is caused or anticipated due to an Unexpected Event, the performance of our obligations will be suspended until the Unexpected Event has ended.
An Unexpected Event means a circumstance beyond our reasonable control which results in our being unable to observe or perform on time an obligation under these Terms. Such circumstance may include, but is not limited to, acts of God, natural disasters, war, cyber and physical terrorism, riots, civil commotion, epidemic or pandemic, malicious damage, acts or requirements of government.
17. Assignment and novation
We may assign or novate any rights and obligations under these Terms subject to the conditions we choose to impose.
18. Severance
If any of these Terms are prohibited, void or unenforceable under any applicable law, that term will be severed to the extent necessary to make these Terms valid and enforceable. The severance of a term will not affect the validity or enforceability of the remaining terms.
19. Entire agreement
All international conventions that might import contractual terms into these Terms are excluded, including the United Nations Convention on Contracts for the International Sale of Goods.
These Terms are to be read subject to any laws (to the extent they are applicable in the circumstances) that cannot be excluded, so that they will as far as possible be valid and enforceable by us in the relevant circumstance.
20. Governing law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia and you agree to submit to the jurisdiction of the courts in that State.