Terms of Use

IMPORTANT: Please carefully read these terms and conditions (Terms of Use) before you use this Licensed Material. If you do not agree with these terms of use, you must immediately cease downloading, installing, displaying or using the Licensed Material.

The Licensed Material is operated and made available by Monash University (ABN 12 377 614 012) of Wellington Road, Clayton, Victoria, 3800, Australia (the University).

The Licensed Materials includes content, software, or other materials provided by third parties (Third-Party Contributors) by way of sub-licence. These third-party contributions are licensed to you under the terms and conditions provided by the respective Third-Party Contributors. The University does not grant any additional rights to use third-party contributions beyond those provided by the Third-Party Contributors. The University will not be liable for any breach of these third-party licence terms by the Licensee.

Contacting us regarding the Terms of Use:

If you have any questions arising out of these Terms of Use, please submit your question or request by email at: innovation@monash.edu unless otherwise stated in these Terms of Use.

In these Terms of Use:

Licensed Material
refers to all digital content and materials available on this website, including but not limited to codebase, UI elements, videos, database, text, all associated services, functionality and any other multimedia content. These resources are provided by Monash University and are subject to the terms and conditions outlined herein.
Licensed Material Adaptations
means material that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the copyright and similar rights held by the University.
Privacy Policy
means the privacy policy of Monash University as updated from time-to-time, which can be found at https://www.monash.edu/privacy-monash
University
means Monash University located at Wellington Rd, Clayton, Melbourne, Australia Victoria 3800. Website is the Monash University portal for making available and transacting electronic license agreements which can be found at www.monash.edu/monash-innovation.

  1. Terms of Use

    1. In these Terms of Use:
      1. the expression ‘user’, ‘you’ and ‘your(s)’ refers to the person and the organisation accessing and using the Licensed Material;
      2. the expression ‘we’, ‘us’, ‘our’ and ‘the University’ means Monash University;
      3. headings are for convenience only and do not affect interpretation.
    2. The Licensed Material and supporting documentation is owned and operated by the University. The University reserves the right to amend, modify, add, delete and make corrections to the Terms of Use or by updating the Licensed Material to incorporate new Terms of Use, at any time and without notice. All changes are effective from the date they are posted and your continued use of the Licensed Material will constitute your acceptance of the variation of the Terms of Use. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you utilise the Licensed Material.
    3. These Terms of Use may only be accepted by an individual on behalf of an organisation. You and your “organisation’s” use of the Licensed Material and supporting documentation indicates that you and your organisation accept these Terms of Use and that you and your organisation agree to abide by them as a legally binding agreement between your organisation and us. Your acceptance of these Terms of Use takes effect on the date on which you download or use the Licensed Material.
    4. By agreeing to these Terms of Use, you warrant that you have all necessary power and authority to enter into these Terms of Use on behalf of your organisation.

  2. Use of the Licensed Material by you

    1. We grant you a non-exclusive, non-transferable, non-sublicensable (except as outlined in clause 2.3 and 3.1), royalty and fee free licence to download, view, use and display the Licensed Material on your computer or device for non-commercial or not-for-profit purposes and may only be used in accordance with the provisions of this Agreement. You may not use the Licensed Material for any other purpose.
    2. You must use the Licensed Material in accordance with these Terms of Use and in accordance with any applicable law and regulation relating to downloading or in relation to the technology used or supported by the Licensed Material.
    3. You must not use, reproduce, exploit or make available the Licensed Material:
      1. to reverse engineer the whole or any part of it in any way whatsoever;
      2. in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Licensed Material;
      3. for commercial purposes or commercial gain;
      4. in a manner that would be detrimental to public health and safety, such as supporting or benefitting gambling, alcohol or illegal drug related activities;
      5. for the purpose of supporting or benefitting any organisation or individual involved in the growth, preparation for sale, sale, shipping, advertising and distribution of tobacco and tobacco-related products, including but not limited to cigarettes, cigars, loose tobacco and e-cigarettes, or any use in connection with the business of such organisations or individuals;
      6. in breach of a sanctions law or violating any international sanctions, export control laws, or embargoes imposed by Australia, or any other relevant authority;
      7. for the purposes of training, data mining, scraping or otherwise improving artificial intelligence technologies (including the development of computer systems and software) or machine learning systems (including any computer systems and software that involve the development of algorithms and statistical models). Any of the above may only be done with the express written consent of the University and may be subject to additional terms of use notified to you by the University;
      8. in a manner that is malicious, offensive, discriminatory, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, derogatory, obscene, libellous, invasive of another's privacy, hateful, sexist, ageist, homophobic or racially, ethnically or otherwise objectionable
      9. in a way that may cause alarm or distress to the participants depicted in the Licensed Material;
      10. to promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual; or
      11. in a way that is false, misleading or deceptive.

  3. Publications and redistribution

    1. You are free to copy and publish the Licensed Material in any medium or format however you must give appropriate credit (as required in the clauses below), clearly state the Licensed Material is subject to these Terms of Use, and that any further use of the Terms of Use is subject to obtaining a licence from Us and provide a link to these Terms of Use
    2. While this is a licence personal to you, if an organisation has agreed to these Terms of Use then it can authorise its officers, employees and students under these same Terms of Use but the organisation will be responsible for all acts and omissions of their officers, employees and students which breach these Terms of Use.
    3. Subject to the acknowledgement required above, you must not in any way suggest that the University endorses you or your use. The name “Monash University” or “Monash” (alone or as part of another name) or any logos, seals, insignias, words, symbols or devices that identify Monash, a school or unit or institute may not be used to endorse or promote products or research that may be derived from this Licensed Material without specific written permission.

  4. Commercial use

    1. You may not use the Licensed Material for commercial purposes. A commercial purpose or use is one primarily intended for commercial advantage or monetary compensation. All Commercial use inquiries are to be emailed to - innovation@monash.edu

  5. Derivatives or Enhancements

    1. If you remix, transform, or build upon the Licensed Material, you must state if you modified the Licensed Material and retain an indication of any previous modifications and state that the Licensed Material and Licensed Material Adaptations is licensed under these Terms of Use and include the text of, or the URL or hyperlink to, these Terms of Use.

  6. Intellectual Property

    1. All intellectual property in the information and material published in the Licensed Material is, as between You and the University, owned by the University. You obtain no interest in the intellectual property. All content in the Licensed Material, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images and other material is protected by copyright, trademark and intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Licensed Material or any of its components.
    2. You acknowledge that you have no rights in, or to, the Licensed Material, other than the rights to use the Licensed Material in accordance with the terms of these Terms of Use.

  7. Termination

    1. These Terms of Use terminate automatically when you fail to comply with the terms.
    2. Where these Terms of Use are terminated you agree that you shall immediately, or within any period specifically notified to you by the University:
      1. stop using the Licensed Material;
      2. stop using enhancements or remixes of the Licensed Material;
      3. delete or remove the Licensed Material (and Licensed Material Adaptations) from any and all computers and devices;
      4. destroy all copies of the Licensed Material (and Licensed Material Adaptations in your possession or control;
    3. The University may at any time cease offering the Licensed Material, without notice, and terminate these Terms of Use.

  8. Prohibited Conduct

    As a condition of your use of the Licensed Material, you agree not to:

    1. Attempt to gain unauthorized access to any portion or feature of the Licensed Material, or any other systems or networks connected to the Licensed Material or to any server, or to any of the services offered on or through the Licensed Material, by hacking, password “mining,” or any other illegitimate means.
    2. Engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Licensed Material.
    3. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Licensed Material or any transaction being conducted on the Licensed Material, or with any other person’s use of the Licensed Material.

  9. Third Party Websites

    The Licensed Material may contain links to other websites and resources provided by third parties. These links are provided for your convenience and informational purposes only. The inclusion of any link does not imply endorsement of the linked website or any association with its operators. We do not endorse the activities, views, or content of any third-party websites. We have no control over the contents of these sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

  10. Account Security

    If you are required to register your details to use the Licensed Material you agree to create a strong password and keep it confidential. You agree not to disclose or share your password with anyone. If we suspect any misuse or a security breach, we may require you to change your password or suspend your account.

  11. Exclusion of warranties, liability, etc.

    1. The Licensed Material is provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion.
    2. You agree to indemnify the University and any Third Party Contributors against any costs, claims, damages and losses which may be incurred by reason of or consequential upon any breach by the sublicensee of the licensing terms.
    3. To the maximum extent permitted by law, the University excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:
      1. any material and/or information in the Licensed Material;
      2. the performance and availability of the Licensed Material; and
      3. the loss, damage, corruption or degradation of any data or other material as a result of the use of the Licensed Material.
    4. To the maximum extent permitted by law, the University excludes all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:
      1. the use of, reliance on, or action taken as a result of, any information or material in the Licensed Material for any decision or otherwise;
      2. accessing, displaying and using the Licensed Material and/or participating in any on-line activities contained therein; and
      3. any loss, damage, corruption or degradation of any data or other material as a result of the use of the Licensed Material and or viruses or other technologically harmful material that may infect your devices or computer due to your use of the Licensed Material.
    5. In accessing the Licensed Material, you must take your own precautions against the risk of viruses, malicious computer code or other forms of interference.
    6. You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against the University, its related bodies corporate, directors, officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of the Licensed Material including but not limited to downloading any information and materials in or from the Licensed Material.
    7. You release and indemnify the University, its related bodies corporate, directors, officers, employees, contractors, agents and representatives (“those indemnified”) from and against:
      1. any loss or damage or liability for any loss or damage incurred by you; and
      2. any loss, liability, claim, demand, damage or expense (including legal fees) made by any third party against those indemnified, howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:
        1. your use of the Licensed Material, including by making or carrying out any commitments;
        2. your use of or reliance on information contained in or accessed through the Licensed Material; or
        3. breach by you of these Terms of Use.
    8. The exclusion of liability applied to these Terms of Use as set out in this clause 11 applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if the University has been notified of the possibility of such loss or damage.
    9. You agree that any legal liability on the part of the University will be reduced by the extent, if any, to which you contributed to the loss.
    10. These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.

  12. Privacy

    1. You agree that the University may collect and deal with personal information about you or others in connection with the download or use of the Licensed Material in accordance with the Monash University Privacy Collection Statement, which can be found at http://www.monash.edu/privacy-monash
    2. You warrant that you have obtained the consent of any person whose personal information is as a result of anything done by you collected and uploaded in obtaining your agreement to these Terms of Use or in obtaining and using the Licensed Material.
    3. For any person who is under 15 years of age, if you are not their parent or legal guardian, you warrant that you have obtained the consent of their parent or legal guardian to that person's personal information being collected and uploaded in obtaining the Licensed Material as a result of anything done by you.

  13. General

    1. These Terms of Use shall be governed by and construed according to the laws in force in the State of Victoria, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria.
    2. These Terms of Use constitute the entire agreement between you and us relating to the Licensed Material and supersedes all prior agreements between us in relation to the Licensed Material.
    3. The invalidity or unenforceability of any provision of these Terms of Use shall not affect the rest of the provisions in these Terms of Use, which will continue in full force and effect.
    4. Any provision of these Terms of Use which is found by a court of law to be invalid or unenforceable must, without invalidating or affecting the enforceability of the remaining provisions, be read down or severed to the extent of the invalidity or unenforceability.
    5. No provision of these Terms of Use will be taken to be waived except by written notice signed by you and us.