Terms of Use – BeUpstanding

This BeUpstanding website (‘Website’) is provided on an ‘AS IS’ basis by The University of Queensland ABN 63 942 912 684 (‘University’).

By using this Website you (the ‘User’) agree with the University that you are bound by and will comply with all of the following terms (‘Terms of Use’ or ‘agreement’), including as varied by the University from time to time in accordance with clause 10.

Clauses 11 and 12 contain provisions setting out meanings of particular terms and references used in this agreement.

1. Who this agreement applies to

Users

This agreement binds all Users (including individuals, companies, agents and other legal entities). A User may use this Website in multiple capacities.

Employees and individual users

Users using this Website in the course of their employment (or as an agent) accept this agreement both in their personal capacity and also for and on behalf of their employer (or principal) and warrant they are properly authorised to do so. Where an employee/agent uses this Website for (or purportedly for) their employer/principal, or uses a User account issued to their employer/principal, a reference to ‘you’ (or to a ‘User’) is to be read as a reference to the employer/principal in addition to being a reference to the individual.

User personnel

The acts and omissions (including negligence) of a User’s personnel (including their officers, employees, agents, contractors and subcontractors) in connection with this Website and any User account, User Data and UQ Information are, in addition to being the acts and omissions of the individual User in their personal capacity, deemed to be the acts and omissions of the User for whom the individual is acting or performing services

2. Intended use and no reliance

Your use of this Website (including information in and referred to in this Website) is AT YOUR OWN RISK.

This Website is intended to be used for general information purposes, on a non-commercial basis, only.

You must use your own independent knowledge, skill and judgment in making any such use.

The information in this Website may not be updated and may not represent the latest information or research available.

You agree that you have not relied on and will not rely on this Website or any information in or referred to in this Website for any purpose.

This Website should not be used as a means of diagnosing or treating any injury, illness or medical condition.

Teachers and parents of children using this Website

Teachers and parents using this Website must use their own independent knowledge, skill and judgment in using any information obtained from or referred to in this Website and should supervise their student’s and children’s use at all times.

3. General limited licence

You may only use this Website subject to and in accordance with these Terms of Use.

4. Storage, submission and other uses of User Data

What is User Data?

‘User Data’ means all documents, data, communications and other information related to a User that the User inputs or transmits (including uploads) to, or that is recorded on or by, this Website.

Storage, submission and other uses of User Data

User Data may be stored on or in relation to this Website. When User Data is submitted to or stored on this Website or submitted to the University, it becomes the University’s property (if it is not already) so the University is not obligated to return it, but merely submitting or storing User Data does not transfer ownership of any intellectual property rights in it or license the University to use it in a way that is not permitted elsewhere in these Terms of Use.

Users must not change, add to or remove User Data unless they are authorised to do so by the User who provided the User Data (or by the User who is their employer/principal for whom the User Data was provided to the Website).

The University may keep or delete User Data as it determines in its discretion (for example, certain User Data may be kept for research purposes or for administrative or legal reasons or kept as de-identified information or it may be deleted if the University no longer wishes to keep it or if the University ceases to provide this Website).

5. Privacy

Collecting personal information and other information

Please review the BeUpstanding Privacy Notice (“Privacy Notice”) for information about the University’s collection, use, disclosure and other treatment of personal information. The University will also deal with personal information and other User Data in accordance with these Terms of Use and any other consents and permissions you provide.

Information provided about others

Users that provide personal information to the University about other individuals warrant to the University that they have the individual’s authority to provide the information, and to give the consents in clause 6, on the individual’s behalf.

6. Consents regarding personal information and other User Data

In addition to any other consents or permissions you may have given, you consent to the University (including its contractors and other personnel):

collecting, storing, using, disclosing and otherwise dealing with personal information and other User Data:
- to provide this Website to Users and to administer (including update, maintain, monitor, modify and test) this Website;
- to carry out the research described on this Website and in the Privacy Notice (and related research e.g. subsequent research) and to publish research results, papers and reports using that research and to use User Data and results in research, publications, presentations and other media (although the University will not publish in the public domain personal information that identifies a User without their consent);
- to check your compliance with and resolve disputes in relation to these Terms of Use;
- for any purposes permitted or required by law; and
- for any other purposes, and in any other circumstances, described in these Terms of Use or the Privacy Notice; and
transferring User Data to and receiving it from persons outside Australia for the purposes, or in any of the circumstances, described in these Terms of Use or the Privacy Notice (including where Users are outside Australia).

For the purpose of the above consents, any reference to ‘personal information’ in the Privacy Notice is to be read as being a reference to ‘User Data’, whether or not it is personal information.

Withdrawing consent or refusing to provide information

Consents with respect to personal information may be withdrawn at any time by providing notice to an appropriate employee of the University (for example, by email). Please see the contact details for the Right to Information and Privacy Office in the Privacy Notice.

You may also at any time refuse to provide any documentation or other information the University may request.

If you withdraw any consent or refuse to provide any information the University may request from time to time, the University may determine in its absolute discretion whether or not to continue to deal with you or allow continuing use of the Website for any related User and the University may at its discretion suspend or cancel and/or remove any related User Data and/or User accounts and exercise its other rights.

Where any consent has been withdrawn, the University may continue to keep, use, disclose and otherwise deal with User Data to the extent it is permitted or required to, or is not prohibited from doing so, under any law.

7. Each User’s obligations regarding User Data, use of this Website etc

Warranties

In respect of any User Data you provide to the Website or the University in relation to the Website or any related research, you represent and warrant to the University that to the best of your knowledge:

the User Data is true, correct, up-to-date and not misleading or fraudulent;
you have all necessary rights to use and disclose that User Data to the Website and the University and its personnel; and
subject to the express terms of any consent you have given or withdrawn, the University and its personnel and other Users may use, disclose and otherwise deal with the User Data in the manner and for the purposes described in these Terms of Use and the Privacy Notice, without breaching any obligation of confidence and without infringing any intellectual property rights or any other rights of any other person.

Use of this Website

You must only use this Website in accordance with all applicable laws of Australia and of any country in which you use it and you must not do or fail to do anything that causes or contributes to a User or the University contravening any law or infringing any person’s intellectual property or other rights.

You must not, and must not allow, assist or enable any other person to, use this Website, UQ Information or User Data:

to defame, harass or intimidate any person or to use the ideas of another User for your own purposes;
in a manner or for a purpose the University in its discretion considers is unreasonable, unethical or unfair or that may cause damage to the reputation of the University or any User or that may cause or contribute to the corruption or loss of or damage to this Website or User Data or that may adversely affect the security, availability or operation of this Website or User Data;
to do anything that contravenes any law or infringes a person’s rights (including in contract, tort, equity or under statute); or
to engage in any unauthorised access to or use of this Website, UQ Information or any User Data.

Access and use is restricted

Use of User accounts and certain parts of this Website is permitted on a restricted basis. You may only access and use a User account if the University issued it to you or if you are permitted under the ‘Passwords’ section below.

You do not have permission to reproduce or modify any part of this Website or UQ Information except where this occurs as a necessary part of using it in accordance with its intended purposes (such purposes being as reasonably determined by the University in the event of any dispute).

Passwords

You must keep each User account password you use secret and secure and you must ensure each such password is not disclosed to or used by any unauthorised person.

A User account password issued for use by a User is deemed to be issued to that User. If an individual sets up a User account for their employer/principal, the User account password is deemed to be issued to the employer/principal. If you are an employer/principal, your employees and agents may use the User account and password but any such use is deemed to be the individual’s use as well as use by the employer/principal.

Confidentiality

All UQ Information is the University’s ‘Confidential Information’.

You must keep the University’s Confidential Information confidential and must not use it for any purpose except for the purposes of using it on the Website and using this Website in accordance with this agreement.

The above restrictions on the University’s Confidential Information do not apply to the University’s Confidential Information:

if it is or becomes part of the public domain, unless due to a breach of this agreement or other obligation of confidence; or
if the University consents in writing to the use or disclosure or if you are compelled by law to so use or disclose it or if you developed or obtained the information independently of and without reference to information obtained through this Website.

Suggestions and feedback

If you provide any suggestions or feedback regarding changes or improvements to this Website or any related research, you irrevocably agree the University may use (including incorporate, modify and exploit) the suggestions or feedback in any way the University desires without any payment to, or further permission from, you.

8. DISCLAIMERS, LIABILITY EXCLUSIONS AND LIMITATIONS

The University excludes all representations, warranties and guarantees of any kind except for any that apply under the Australian Consumer Law under the Commonwealth Competition and Consumer Act 2010 (‘ACL’), or any other law, and which cannot, by law, be excluded. The University does not represent or warrant the accuracy, currency or completeness of any UQ Information or this Website or that they are free of defects or errors or that User Data will be secure or backed up or remain free from defects, loss or corruption or that this Website or any UQ Information is fit for any purpose or that it will operate as intended or that it will be maintained or available for use.

To the extent permitted by law:

neither the University, nor its personnel, will be liable under any legal theory whatsoever to you or to any person claiming through you, for any loss, damage, cost, expense or liability of any kind (whether characterised as direct, indirect, consequential or otherwise) that you or any other person suffers or incurs in connection with any UQ Information, this Website or any User Data, or their use or any defect or error in or loss of them (including in connection with any loss, corruption or deletion or any failure to receive, store or process, UQ Information or User Data), including if due to the fault or negligence of the University or its personnel and including if the risk thereof was foreseeable or known by the University or its personnel;
in respect of any liability (under any legal theory) that cannot by law be excluded but which the University is not prohibited from limiting, such liability of the University and its personnel is limited:
- for breach of warranties or guarantees implied or incorporated by law (e.g. under the ACL) that cannot be excluded – as set out in paragraph (c) of this clause; and
- in all other cases, for each claim and for all claims in the aggregate – to fifty dollars (AUD$50); and
in respect of liability for any warranty or guarantee implied or incorporated by law (e.g. under the ACL) that cannot be excluded but can be limited (e.g. under section 64A of the ACL), the University’s total liability is limited to the following (and, to extent permitted by law, at the University’s option): (i) in the case of goods, the repair or replacement of the goods or the supply of equivalent goods or payment of the cost of repairing or replacing the goods or of acquiring equivalent goods; and (ii) in the case of services, supplying the services again or payment of the cost of having the services supplied again.

Liability may also be imposed under the ACL that cannot be excluded or limited. Nothing in these terms seeks to limit or exclude liability that cannot be so limit or excluded.

All provisions of this agreement continue after you cease using this Website and, except for clauses 3 and 10 of this document, continue after it is terminated or expires.

9. University may change, suspend, terminate etc courses, accounts or this Website or delete User Data

The University may in its discretion and without liability do any one or more of the following at any time with or without cause:

suspend, revoke or vary any permission to use the University’s Confidential Information or other property (including any intellectual property owned by or licensed to the University);
instruct you to reset your User account password or to create a new password or User account or both;
suspend or cancel any User account and/or your access to this Website (including any User Data);
delete any User account, password and/or User Data (in whole or part);
change, suspend or cease operating this Website; and
do any other thing (including take any action) in accordance with the University’s rights.

10. Changes to the terms of this agreement

The University may vary this agreement (including these Terms of Use and/or the Privacy Notice) at any time (including adding to, amending or replacing it in whole or part), by taking reasonable steps to notify you of the change (for example, on this Website or by email). You are deemed to have agreed to any such change the next time you use this Website after the later of: delivery of such notice; and any effective date specified in such notice. If you do not agree, you must immediately cease use of this Website.

11. Definitions and references

In this agreement, except where the context requires otherwise, a reference (including in its other grammatical forms) to:

‘UQ Information’ means any document, data, communication or other information on or obtained from this Website or obtained directly or indirectly by you from the University or its personnel in connection with this Website or a User;
something being ‘provided to’ or ‘used’, ‘disclosed’ or ‘required’ by ‘the University’ includes the University’s personnel acting for or on behalf of the University and ‘use’ includes copying, communicating, modifying and permitting others to so use it;
a person’s ‘personnel’ includes their officers, employees, agents, contractors and subcontractors (and, in the case of the University, includes its related entities and their personnel);
any thing (including User Data and UQ information) includes that thing whether in electronic or hard copy form;
a ‘person’ includes any natural person, company, trustee, agent, government body or other legal entity;
this ‘Website’ includes any databases and other facilities and equipment used to provide it (including for its operation, maintenance, backup and redundancy) and the User Data stored and made available on or in connection with it; and
a ‘User account’ means the account established to give a User access to this Website and which has a unique identifier associated with it (e.g. a password or email address) that identifies the account.

12. General provisions

Governing law: To the full extent permitted by law: this agreement is to be construed in accordance with the laws in force in the State of Queensland, Australia; and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland and the Federal Court of Australia and any courts with jurisdiction to hear appeals from such courts.

Assignment: You must not assign this agreement or any part without the University’s prior written consent.
Severance: If any provision of this agreement is void, voidable or unenforceable it is to be read down so as to be valid and if it cannot be read down then it is to be severed in the relevant jurisdiction unless that would be contrary to public policy.

Interpretation: In this agreement: a word denoting the singular includes the plural and vice versa; a reference to this agreement or another document or any law is to that agreement or other document or law as varied, supplemented or replaced from time to time; a reference to a party includes that party’s executors, administrators, successors and permitted assigns; where a word or phrase is given a particular meaning, other parts of speech or grammatical forms of that word or phrase have corresponding meanings; headings are for convenience and do not affect interpretation; and the term ‘includes’ or ‘including’ is not to be read as a word of limitation.