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Terms of Use

Background

The Pest and Disease Image Library (PaDIL) is a biodiversity and biosecurity information management system with an emphasis on delivering high quality diagnostic images.

Data Providers provide a large amount of the Content on the PaDIL site. 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 the Content is subject to Terms of Use.

PaDIL is hosted and managed by Plant Health Australia Limited and jointly owned and governed by the Commonwealth Department of Agriculture, Water and the Environment, Plant Health Australia, Museums Victoria and the Department of Primary Industries and Regional Development, Western Australia through a project Steering Committee.

General

These Terms of Use explain our obligations and your obligations when using the PaDIL site and the available Content. Before using the PaDIL site or the Content, you must agree to be bound by:

If you register for, access or use the PaDIL site or the Content (as the case may be), you will be taken to have accepted that you have read, understand and agreed to be legally bound by these Terms of Use, the Privacy Policy and the Additional Terms that apply

If you do not comply with the Terms of Use, Privacy Policy or Additional Terms (if applicable), we may suspend, restrict and/or delete your Dashboard. 

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.

Access

You acknowledge that access to the PaDIL site: 

  • may not be continuous or uninterrupted at all times
  • may be interfered with by factors or circumstances outside of our control. 

If you experience problems with the PaDIL site, not related to your PC or other device, communications line or internet service provider, please contact us immediately on:

Terminology

In these Terms of Use the following words and expressions have the defined meanings set out below: 

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-NonCommercial 4.0 International License (CC BY-NC 4.0) – link below.

Content – includes but is not limited to comments, opinions, videos, images, textual material such as diagnostic notes, related species, regional distributions and host associations, synonymies, morphology, taxonomy nomenclature (including synonyms), geospatial/location data, records, metadata; databases, datasets, but does not include trade marks, service marks or logos.

Creative Commons Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) is a standard form licence agreement that allows members of the public to use and share material so long as they attribute the work in an appropriate manner and do not use the work for any commercial purposes. A summary of the licence terms is available from https://creativecommons.org/licenses/by-nc/4.0/. The full licence terms are available from https://creativecommons.org/licenses/by-nc/4.0/legalcode

Dashboard – means a personal user account established following registration.

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

Harmful Code – means any form of harmful surreptitious code or other contaminants, including, but not limited to, viruses, bugs, trojan horses, spyware, malware or adware.

Intellectual Property Rights – means any patent, copyright, trade mark, trade name, design, trade secret, knowhow or other form of confidential information, or any right to the registration of such rights and any other form of intellectual property right.

PaDIL – The Pest and Disease Image Library.

PaDIL site – the website with the URL www.padil.gov.au and associated webservices, internet publishing tools, software, tools etc.

Partners – refers to the Commonwealth Department of Agriculture, Water and the Environment, Plant Health Australia, Museums Victoria and the Department of Primary Industries and Regional Development, Western Australia. These parties represent the ‘original owners’ of PaDIL and are all involved in continued oversight and maintenance of PaDIL. 

PHA, we, our or us – refers to Plant Health Australia Limited, which is the legal entity representing and responsible for PaDIL.

Privacy Policy means the privacy policy for the PaDIL site found here: http://padil.gov.au/privacypolicy

You or Your– refers to you, and your organisation, if applicable.

 

Creating a Dashboard 

You are not required to register to view or download Content from the PaDIL site. However, if you want to create a Dashboard, you must establish an account with us.

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

When creating an account, you can use 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 the same as, or is similar to, another person’s login name
  • you must not use a login name that is the same as, or is similar to, the name of another living person
  • we may refuse the use of login names that we consider to be inappropriate.

You must ensure that any registration information you give to the PaDIL site 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
  • suspend or terminate your access to your Dashboard account and the PaDIL site at our sole discretion and at any time. 

Responsibility for your Dashboard 

If you create a Dashboard and account, you agree to:

  • be responsible for maintaining the confidentiality of all account information including user names, logins, passwords, and security questions and answers that you use to access any page or feature of the PaDIL site
  • monitor, control and accept responsibility for all activities that occur under your account or password including taking responsibility for any activities which may result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures
  • only use your own account and password when accessing the PaDIL site.

If you become aware of any unauthorised access or use of your account, you must notify us immediately on:

Responsibilities when using the PaDIL site 

You agree to comply with the following rules when you access or use the PaDIL site:

  • You must not use any scripts or processes on the PaDIL site nor any data scraping or data mining tools.
  • You must not impersonate any person or falsely represent your authority or association with any person or organisation (including us or our Partners).
  • You must not modify or copy either of the following:
    1. The layout of the PaDIL site.
    2. Any computer software and code contained in or forming part of the PaDIL site.
  • You must not transmit any Harmful Code into or from the PaDIL site.
  • You must not use text, images or any information provided via the PaDIL site, in a manner that misleads or is incorrect, that supports any criminal or illicit activity, or to defame any person. 
  • You must not do anything that has an impact on the performance or functionality of the PaDIL site, nor interfere with the operation of the PaDIL site or the display of information on the PaDIL site. This includes attempting to gain unauthorised access to other areas of the PaDIL site. 
  • You will be responsible for any damage to your computer, systems or software caused by your use of the PaDIL site, including by any virus (irrespective of the origin of the virus) arising from your use of the PaDIL site.
  • You will only use the PaDIL site in a manner that does not infringe the rights of, or inhibit the use of the PaDIL site by, any third party. This includes a prohibition of any conduct which is unlawful or which may harass or cause distress or inconvenience to any third party, and of the transmission of obscene or offensive content or disruption to any part of the PaDIL site;
  • You will not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the PaDIL site, including through the use of automated tools.
  • You will not send any other user of the PaDIL site unsolicited commercial electronic messages.

Compliance with law

In addition to complying with these Terms of Use, the Privacy Policy and the Additional Terms, you must ensure that all use of the PaDIL site by you, including provision of Content to the PaDIL site and use of Content provided through the PaDIL site, is done in accordance with all applicable Commonwealth, State and Territory laws, including laws relating to biosecurity, privacy and intellectual property. 

Use on behalf of another person 

You agree to comply with the following rules if you are using the PaDIL site in relation to, or on behalf of, another person:

  • You must ensure that the other person has appointed you to access the PaDIL site on their behalf, and that the appointment has not been cancelled.
  • If your appointment to represent another person is based on you holding a certain position (for example, as that other person’s employee or agent), you must currently hold that position.
  • If your appointment to represent another person is based on you holding a certain qualification (for example, as a legal practitioner), you must currently hold that qualification, and that qualification must not currently be suspended or cancelled.
  • You agree to comply with any request made by us for you to verify any of the matters set out above.

Guidelines

From time to time we may issue written protocols, guidelines or instructions for the use of the PaDIL site. These protocols, guidelines or instructions will form part of these Terms of Use and will be legally binding on you.

Operation of the PaDIL site 

In using the PaDIL site, you agree to the following matters: 

  • You acknowledge and agree that you must exercise your own skill and care with respect to your use of the PaDIL site and carefully evaluate the accuracy, currency, completeness and relevance of Content obtained from the PaDIL site.
  • We will attempt to inform you, as soon as appropriate, of any outage that might materially affect your normal use of the PaDIL site, but will have no liability if we do not do so. 
  • We may alter, suspend or decommission the PaDIL site at any time without giving reasons to you. 
  • You should promptly notify us if you discover or suspect any error or malfunction in the PaDIL site. If you do notify us, you agree to promptly provide to us any further information and details about the error or malfunction of the PaDIL site if we need that information to identify, confirm, investigate or the errors or malfunctions (including, if relevant, any details of your operating environment).

Links to other websites 

We do not endorse any links to external websites on the PaDIL site. We do not warrant that such external websites are accurate, authentic or complete. We do not control, and accept no liability for, the content of external websites or for any loss arising from your use or reliance on those websites. 

Use by you of any external website is governed by the terms of that website and you are responsible for being aware of, and ensuring compliance with, any terms of use or privacy statements related to the external websites.

The provision of a link within the PaDIL site to an external website does not authorise you to reproduce, adapt, modify, communicate or in any way deal with the material on that external website.

Privacy

Access, use and storage of any personal information you provide to the PaDIL site is governed by our Privacy Policy. When you use the PaDIL site we will:

  • make a record each time you visit the PaDIL site
  • log information relating to your visit, as outlined in the Privacy Policy 
  • use the information supplied by your browser for analysing usage of the PaDIL site and monitoring or investigating security breaches, provided that the information is not disclosed without your consent (except if we are required by law to disclose the information).

We will, upon request, give you access to any information which we have collected about you through your use of the PaDIL site in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. 

If you provide your personal information in the Content you provide to the PaDIL site, then users of that Content will be able to see the personal information provided, and may use that personal information to:

  • verify the details of the particular record
  • acknowledge/attribute you as the creator of the record
  • contact you to request further information or support.

You acknowledge that any such information will be public and we cannot control how that information is used by other persons.

Unless you obtain consent from the individual concerned, you must not use any personal information made available to you on the PaDIL site for any purpose other than to verify the details of that record and/or to acknowledge them as the relevant creator.

Use of Content 

The PaDIL site includes Content from many different sources. Unless you are notified that Additional Terms apply to the use of the Content, Content (including images but excluding trade marks and logos) is licensed to you under the Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0) by the relevant Data Provider.

Trade marks or logos displayed on the PaDIL site cannot be used without the express written permission from the relevant Data Provider who owns the trade mark or logo. 

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

  • to conduct such virus scanning and take appropriate and adequate precautions (including up-to-date firewall and anti-virus software) as may be necessary to ensure that the Content is free of viruses or other contamination and will not corrupt or damage your property (including damage to software, hardware or data) or that of any other person
  • to only provide the downloaded Content to a third party if permitted by the licence and law
  • to acknowledge, reference or attribute the relevant Data Provider who provided the Content (using any specific attribution wording they may have provided) in any derived information product, work or publication that is based on the Content
  • to comply with any Additional Terms that apply to the Content
  • to comply with the terms of the copyright applying to that Content, if any
  • not to remove any identifier of ownership or terms of use associated with the Content
  • that all Intellectual Property Rights in the Content remain the property of the Data Provider of that Content
  • that logos, icons, brand names or service names that identify us, the Data Providers or the Partners are owned by and remain the property of us, the Data Provider or the Partners, as applicable
  • that you are licensed to use Content made available through the PaDIL site only for the purposes permitted by these Terms of Use and the Additional Terms (if applicable)
  • that the provision of access to the PaDIL site does not confer any Intellectual Property Rights (other than the above licence or as provided for in the Additional Terms) on you and you will not act in a manner which infringes those rights.

Contributing or Uploading Content 

When you upload, submit, post or display Content to the PaDIL site, you retain any Intellectual Property Rights you hold in the Content. Nothing in these Terms of Use restricts you from using or publishing the Content elsewhere.

You will be responsible for:

  • ensuring that your Content is accurate at the time you collected or created it or made it available on the PaDIL site
  • ensuring that your Content is removed or amended if you become aware that it is no longer accurate.

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
  • the Intellectual Property Rights have expired.

All Content submitted or uploaded onto the PaDIL site must comply with the standards approved by us and our Partners. For a copy of these standards, please contact [email protected].  

Additionally, you must follow the following general requirements for image and data quality for the Content:

  • all images should be taken using a quality microscope system with decent optics and high magnification capabilities with a minimum 12 Megapixel camera attached, and associated image stacking/montage as well as image editing software
  • photographed specimens should be in good condition and should clearly display all key features required for identification purposes
  • appropriate curation of specimens needs to be ensured
  • images must be good quality with adequate contrast and properly focused
  • a minimum of four diagnostic views such as dorsal, lateral, ventral, head front, plus any additional key character views relevant to the species
  • taxonomic identification must be done by a competent taxonomist and a reference specimen must be available
  • all place names/geo location data must conform with appropriate standards
  • a minimum of three image types are required for each diagnostic image:
    1. Original, fully montaged/focused raw image (no manipulation) acquired through image stacking
    2. Large TIFF file minimum of 10MB at 300 PPI resolution in anticipation of potential printing requirements. From this edited TIFF file a smaller JPEG file should be created:
    3. Smaller JPEG file between 300KB-1MB for web use, at 72 PPI image resolution. Pixel dimensions should be at least 1500x1071 pixels at a 7:5 ratio.

 

Warranty, Acknowledgement for Content 

In contributing or uploading any Content you:

  • acknowledge that we may at any time choose to remove or modify any Content submitted or uploaded by you for whatever reason
  • acknowledge that Content provided by you may remain online indefinitely
  • acknowledge that you are legally responsible for any Content provided by you
  • warrant that you own the Content or have the necessary rights, licences and permissions to make the Content available on the PaDIL site.

Indemnity for Content

In contributing or uploading any Content you indemnify us, our Partners, our employees, contractors, partners and agents in relation to any claims made against us or our Partners, or liability incurred by us or our Partners as a result of us making the Content available on or through the PaDIL site. 

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

Licence over Content 

If you submit or upload Content to the PaDIL site in which Intellectual Property Rights subsist then:

  • you grant us, our Partners and the employees, contractors, and agents of both us and our Partners, 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
  • unless you provide for Additional Terms that apply, you grant a licence to the public under Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).

Additional Terms  

You may choose to license Content to us and the public on different terms by using Additional Terms. 

To apply the Additional Terms to the Content, the Content must contain a reference to the licence type (including terms) that you wish to use. If you do not include a reference to the licence type (including terms) that you wish to use, then you license the Content that you contribute under the Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0). 

If you chose to do this, you still grant us, our Partners and the employees, contractors, and agents of both the Partners and us the default licence above.

Attribution

All reasonable efforts have been made to ensure that we have properly acknowledged/ attributed the source of the Content and obtained the necessary permissions. However, please let us know (by contacting the PaDIL administrator at [email protected]if you:

  • believe that we have not used your Content appropriately
  • find any inaccurate, out of date or incomplete Content on the PaDIL site
  • suspect that something is an infringement of Intellectual Property Rights or any other laws.

Disclaimer 

In using the Content or the PaDIL site, you agree and acknowledge that: 

  • all reasonable efforts have been made to ensure that the information provided on the PaDIL site is accurate and up to date. However, we make no guarantee that information within the PaDIL site is accurate or that updates and amendments to Content will be undertaken in a timely manner
  • the Content is not intended for use by any person who does not have appropriate expertise in the subject matter of the work. Before using this Content, you should determine whether it is appropriate for your needs
  • some of the Content is protected by Intellectual Property Rights and moral rights of us, the Data Providers or another third party and you agree to respect those rights
  • 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.

Warranties

The information available on the PaDIL site is made available for information purposes only and has been provided without warranties of any kind either express or implied. We make Content available on the PaDIL site on the understanding that you use the Content at your own risk. Content is provided “as is” and “as available” and you exercise your own skill, judgement and care with respect to its use or your reliance on it.

We do not warrant or make representations:

  • that you will be able make uninterrupted or error free transmissions to and from the PaDIL site
  • about the accuracy, currency, reliability or integrity of material available from the PaDIL site or the sites of any third parties
  • about the security of your computer when accessing the PaDIL site
  • about the uptime (continuity) and security of the PaDIL site or any linked site.

To the maximum extent permitted by law, we and our Partners expressly exclude all terms and warranties expressed or implied by legislation, the common law, equity, trade, custom or usage, including but not limited to implied warranties of merchantability and fitness for a particular purpose which might otherwise apply to your use of the PaDIL site.

Liability for use of PaDIL site 

You agree that:

  • To the maximum extent permitted by law, we and the Partners exclude liability for any loss caused by or arising directly or indirectly from your use or reliance on the information or images contained within the PaDIL site.
  • We have no liability for any interference with, or loss or damage to, your computer system, software or data (including loss from viruses, disabling codes, worms or other devices or defects) occurring in relation to your internet connection or use of the PaDIL site.
  • To the fullest extent permitted by applicable law, you agree not to bring any claim against us, our Partners or any Data Provider or the employees, contractors, partners or agents of us, our Partners or any Data Provider 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 site or its use. 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 will accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the PaDIL site.

You agree that we are not liable to you for any direct or indirect loss or damage (including special, consequential or exemplary damages or damages for loss of profits, goodwill, use, data or other intangible losses) that you may suffer as a result of, or in connection with any of the following things:

  • Your use of the PaDIL site (including any Content or links made available through the PaDIL site or reliance on any opinions or recommendations made available through the PaDIL site).
  • Your use of any links and linked websites made available through the PaDIL site or any material made available through such linked websites.
  • Any statements or conduct of any third parties on the PaDIL site (including opinions and recommendations of third parties or materials made available for download).

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 or your services or products are endorsed by us or our Partners.

Governing Law and Delay 

These Terms of Use are governed by the law applicable to the Australian Capital Territory and Australia, and you submit to the exclusive jurisdiction of the courts of the Australian Capital Territory and Australia.

No delay, neglect or forbearance on our part 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.

 


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