Your are here:

Terms of Use

Background

PaDIL is a biodiversity and biosecurity information management system with a heavy emphasis on delivering high quality diagnostic images.

The PaDIL site provides the infrastructure and tools to allow users to query datasets and to manage image database libraries.

A large amount of the Content on the PaDIL site is provided by Data Providers. While it is the intent of all Data Providers to encourage the use and investigation of all the resources contained within the PaDIL site, use of hte Content is subject to terms and conditions.

Terms of Use:

By using the PaDIL site and the Content available on and through it, you are agreeing to be bound by:

  • these Terms of Use;
  • the Privacy Policy; and
  • the Additional Terms that apply to the use of Specific Content

PaDIL may lock, restrict and/or delete your Dashboard account if you breach the Terms of Use, the Privacy Policy or the Additional Terms.

We may change these Terms of Use, the Privacy Policy and the Additional Terms at any time without giving you prior notice, so please check them each time you visit the PaDIL site.

PaDIL User Policy

All new material being uploaded onto PaDIL must comply with the following general requirements for image and data quality including that:

  • Images are good quality with adequate contrast and properly focussed
  • Taxonomic identification has been done by a competent taxonomist and a reference specimen is available
  • Place names/geo location data conforms with appropriate standards
  • The user "owns" the images/data and has the right to place this material on PaDIL
  • The images and associated data are freely available under the PaDIL policy on public domain access to the low resolution images
  • The user is aware that the policy on the sustainable future of PaDIL is under development and no commitments to maintaining images and data in the current form beyond the interim period can be made at this time

Terminology

Additional Terms – means additional terms that are notified to you as applying to your use of any Content on the PaDIL site. Different terms may apply to different Content. Unless otherwise notified, the default terms that apply to your use of Content are the Creative Commons Attribution 3.0 Australian License.

Content – includes but is not limited to comments, opinions, videos, images, textual material such as species description, regional distributions and host associations, synonymies, morphology, taxonomy nomenclature (including synonyms), geospatial/location data, records, metadata; databases, datasets.

Creative Commons Attribution 3.0 Australian License is a standard form license agreement that allows members of the public to use material so long as they attribute the work in the manner specified by the author or licensor. A summary of the licence terms is available from http://creativecommons.org/licenses/by/3.0/au/deed.en. The full licence terms are available from http://creativecommons.org/licenses/by/3.0/au/legalcode. For further information about Creative Commons licensing see http://creativecommons.org.au/learn-more/licences or http://www.ala.org.au/share/about-sharing/licensing-and-terms-of-use/.

Dashboard – means a personal user account established following registration.

Data Provider – means an individual or organisation that makes Content available on or via the PaDIL site or provides Content for inclusion on the PaDIL site.

PaDIL site – the website with the URL www.padil.gov.au (or any URL replacing it or containing it within the URL including but not limited to www.padil.gov.au/pbt) and associated webservices, internet publishing tools, software, tools etc.

You – means all Data Providers and any persons who access the PaDIL site, use Content available on or through the PaDIL site or create links to the PaDIL site.

We or Us – refers to Museum Victoria, which is the legal entity representing and responsible for the PaDIL project.

Registration

You are not required to register to view and download Content from the PaDIL website.

However, if you want to:

  • upload Content to the PaDIL website; or
  • create a personal Dashboard

you must establish an account with us.

When registering, you will be asked to provide us with your email address and your real name or other identifying or contact details. Such personal information will be managed in accordance with the PaDIL Privacy Policy.

We recommend that you propose a pen name, nickname or pseudonym as your login name rather than using your real name to log in. However:

  • you must not use a login name that is or is similar to another person's login name;
  • you must not use a login name that is or is similar to the name of another living person; and
  • we may refuse use of login names that we consider to be inappropriate.

You must ensure that any registration information you give to PaDIL is accurate, correct and up to date.

We may refuse to register an account if we suspect the application is being made by or on behalf of someone who has been suspended for violation of these Terms of Use.

You are responsible for:

  • maintaining the confidentiality and security of your password(s); and
  • everything done or submitted using your account.

If you become aware of any unauthorised use of your account, you must notify us immediately on padil@pbcrc.com.au

CONTENT

Contributing or Uploading Content

You retain any intellectual property rights you already hold in Content which you submit, post, display, upload etc on the PaDIL site. Accordingly nothing in these Terms of Use restrict you from using or publishing the Content elsewhere.

You:

  • warrant that you own the Content or have the necessary rights, licenses or permissions to make the Content available on the PaDIL site; and
  • indemnify us and our employees, contractors, partners and agents in relation to any claims made against us, or liability incurred by us, as a result of us making the Content available on or through the PaDIL site.

We hold the indemnity set out above on trust for our employees, contractors, partners and agents.

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 PaDIL site; and
  • remove or amend it if you become aware that it is no longer accurate.

Unless otherwise specified by you, if you add Content to PaDIL in which intellectual property rights subsist then:

  • you grant us and our employees, contractors, partners and agents a non-exclusive, worldwide, free, perpetual, irrevocable licence to reproduce, copy, store, cache, manage, display, publish, distribute, use, reproduce, adapt, modify, make derivatives, change into other formats and incorporate that Content into other works or collections, for non commercial purposes and the activities that we undertake; and
  • you license that Content to the public under a Creative Commons Attribution 3.0 Australian License.

If you prefer to license Content to us and the public on different terms, then each image or text or other item that is added should contain reference to the licence type (including terms) you wish to use.

You must not assert that you have intellectual property rights in Content if this is not true. This could be because:

  • the intellectual property rights are owned by someone else;
  • the Content does not satisfy the legal requirements for intellectual property rights to subsist; or
  • the intellectual property rights have expired.

Using Content

The PaDIL website includes Content from many different sources.

Unless you are notified that Additional Terms apply, Content (including images but excluding trademarks and logos) is licensed to you under the Creative Commons Attribution 3.0 Australian License.

Trademarks or logos displayed on the PaDIL cannot be used without the express written permission from the relevant party.

If you use or download Content from the PaDIL site you:

  • acknowledge that some of it is protected by intellectual property rights and moral rights and agree to respect those rights;
  • agree to acknowledge, reference or attribute the relevant data provider (using any specific attribution wording they may have provided) in any derived information product, work or publication that is based on the relevant Content
  • agree to comply with the Additional Terms that apply to particular Content;
  • agree not to remove any identifier of ownership or terms of use that is associated with the Content or data record; and
  • acknowledge 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 below Disclaimer).

Contributing to forums, making comments, posting information to the PaDIL site (Contributions, Sharing)

You acknowledge that:

  • you are legally responsible for any Content provided by you
  • Content provided by you may remain online indefinitely.

Accordingly you must not submit content that:

  • is defamatory, malicious, threatening, offensive, abusive, obscene, or otherwise unlawful or that violates laws regarding harassment, discrimination or racial vilification;
  • is intentionally false or misleading;
  • infringes copyright or other intellectual property rights;
  • contains personal information unless it is your personal information or you have the consent of the person to whom it relates to submit it; or
  • breaches any other laws.

You should also avoid making any comments or submitting opinions or material that:

  • seeks to promote or endorse commercial products or services or to solicit business;
  • are repetitive or off topic;
  • deliberately provoke other community members; or
  • are otherwise inappropriate.

While PaDIL is not reviewed prior to publication, at any time we may choose to remove or modify any Content.

Method for raising concerns

All reasonable efforts have been made to ensure that we have properly acknowledged/attributed the source of the Content and obtained the necessary permissions. If however you believe that we have not used your Content appropriately please contact padil@pbcrc.com.au.

If you find any inaccurate, out of date or incomplete Content on the PaDIL site, or if you suspect that something is an infringement of intellectual property rights or any other laws, please let us know by contacting PaDIL at padil@pbcrc.com.au.

Disclaimer

The PaDIL site, linked sites and Content are intended to provide information for general and scientific use, to assist research and public knowledge, discussion and policy development

We make the PaDIL site and 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.

We do not warrant the quality, accuracy, completeness, currency, relevance or suitability for any particular purpose of the Content or the PaDIL site.

To the fullest extent permitted by applicable law, you agree not to bring any claim against us or any Data Provider or our employees, contractors, partners or agents in relation to any loss suffered by you arising directly or indirectly from your use of the PaDIL site or Content or inability to access the PaDIL site.

You should also review the disclaimers and other terms in the Creative Commons Attribution 3.0 Australian License and any other Additional Terms that apply to particular Content.

Language Translator

The PaDIL site uses a third party plugin to offer to translate the language of the text presented in the user interface. This translation is performed using Google's translator service. As such, the displayed results of translations in languages other than English may not be grammatically or scientifically accurate.

Personal Information

Our Privacy Policy describes how we use your personal information when you use the PaDIL site.

Whenever you give us personal information you are consenting to its collection and use in accordance with our Privacy Policy.

Unless you obtain consent from the individual concerned, you must not use any personal information made available to you on this PaDIL site for any purpose other than:

  • in the case of an individual who made a particular record (eg sighting/observation data), to verify the details of that record and/or to acknowledge them as the relevant creator; and
  • in the case of an individual administering a dataset, to contact them directly to request greater access, further information and/or support.

Links To External Sites

The PaDIL site attempts to bring together biosecurity and biodiversity information from a host of sources around Australia and internationally. As such the PaDIL site provides links to a range of external websites however we do not have direct control over the content of the linked sites nor the changes that may occur to content on those sites.

It is your responsibility to make your own decisions about the accuracy, completeness, currency, relevance or suitability for any particular purpose of the content on external sites.

We are not responsible for, and does not endorse, the content on external sites.

We reserve the right to remove user-posted links to external sites for any reason and at any time.

Linking to the PaDIL Site

We encourage use of links from external websites to the PaDIL site.

However such links must not suggest that your site, organisation or services/products are endorsed by us.

Security of Site

The internet exists across insecure, public networks and there is a risk that transmissions to or from the PaDIL site may be intercepted and modified by third parties or that files obtained from or through the PaDIL site may contain computer viruses, disabling codes, worms or other defects.

To the fullest extent permitted by applicable law, you agree not to bring any claim against us or any Data Provider or our employees, contractors, partners or agents in relation to any loss suffered by you (including, without limitation any interference with or damage to your computer system, software, or data) occurring in connection with or relating to the PaDIL website or its use including the tools provided. You are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from the PaDIL site is free of viruses or other contamination that may interfere with or damage your computer system, software or data.

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

General

These Terms of Use are governed by the law applicable to Victoria and you submit to the exclusive jurisdiction of the courts of Victoria.

No delay, neglect or forbearance on the part of PaDIL in enforcing these Terms of Use, the Privacy Policy or the Additional Terms will be, or deemed to be, a waiver of, or otherwise prejudice, any of our rights.


Loading