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"Freemasons Foundation Victoria is delighted to help create a healthier and stronger spinal cord injury community by supporting the Hub."


Rodney Lavin JP, Chairman

Philip Mayers AM, Immediate Past Chairman

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TERMS OF USE

SPINAL RESEARCH INSTITUTE - TERMS AND CONDITIONS

Spinal Cord Research Hub (SCoRH) is an online platform (Platform) and is operated by Spinal Research Institute Limited ACN 162 207 169 or its successors and assignees (we, our or us). It is available via our website application at: www.scorh.org and may be available through other addresses or channels.

In these terms and conditions, Platform refers to our collaboration platform regardless of how you access it. The Platform allows you to connect with other users online, via the general platform and through online groups.


Acceptance

By accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you or a User)

(i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms);

(ii) warrant to us that you are over 18 years of age and you have the legal capacity to enter into a legally binding agreement with us;

(iii) agree to use the Platform in accordance with these Terms; and

(iv) warrant to us you intend to use the Platform for your benefit as a researcher or clinician.

These Terms supplement and incorporate our code of conduct posted on the Platform (Code of Conduct).

Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. If we make a material variation to these Terms we will notify you through the Platform before the variation comes into effect. We recommend you check our Platform regularly to ensure you are aware of our current Terms.


Registration and Profiles

(a) You must register on the Platform and create an account (Account) to access the Platform.

(b) It is free to register for an Account on the Platform and to use the Platform.

(c) You may only have 1 Account on the Platform.

(d) You must provide basic information when registering for an Account including name, email address, primary organisation, your user type and you may choose a password.

(e) Once you have registered an Account, your account information will be used to create a profile which you may then curate with details including but not limited to your location, images of yourself, your Open Researcher and Contributory Identification number (ORCID) and a short biography. (Profile).

(f) Your Profile is personal and you must not transfer it to others, except with our written permission.

(g) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

(h) You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions.

(i) You will immediately notify us of any unauthorised use of your Account.

(j) At our sole discretion, we may refuse to allow any person to register or create an Account.


Communication on the Platform

(a) We may make available on the Platform a private messaging service. If the service is available, Users can communicate privately using our private messaging service.

(b) The Platform provides noticeboard forums on which registered Users are able to communicate. You must not post on the noticeboard about any events you, or any entity you are acting on behalf of, have a commercial interest in, whether directly or indirectly.

(c) The Platform has the functionality to create groups which Users can then join and communicate on a group noticeboard forum. (Open Group)

(d) We may make available on the Platform a function to allow a User who creates a group on the Platform (Group Administrator) to set the group access as permission only. Users will need to request to join the group and be accepted by the Group Administrator to be able to access and communicate on the group noticeboard forum. (Private Group) You agree that any information or ideas shared within a Private Group are considered confidential and must not to be shared outside of that Private Group, except by the person who initially shared that information with the Private Group or with the express permission of the person who initially shared that information with the Private Group.

(e) We ask you to limit your discussions on the noticeboard forums to topics which are relevant to the Platform.

(f) We reserve the right to remove any posts made on any part of the Platform, which we, in our sole discretion, deem to be inappropriate.

(g) The Platform provides a calendar to which you may submit events for listing. (Calendar Listing)

(h) Calendar Listings are subject to approval by us.

(i) Any approval of a Calendar Listing or any other post by us is not an endorsement of the content contained in that Calendar Listing or post, and you should make your own investigations before relying on any information included in, making any purchase, or attending any event advertised in, any Calendar Listing or any other post on the Platform.

(j) Calendar Listings are visible to all registered Users.

(k) The Platform provides a meeting space where you can view meetings you have been invited to through the Platform. You can organise meetings and send meeting invites by accessing and using a third party service as set out on the Platform. We are not responsible for any third party services or for any meeting plans made via a third party service or made on our Platform, including any double bookings.

(l) You agree that we will provide you Platform notifications about activity on the Platform and a notification may be sent to your currently active communication channel. You agree to keep your contact information up to date. Where we have made variable settings available you may change your notification or communication preferences and/or details via the “Settings” feature (or similar) on our Platform. Some notification settings may be locked or unavailable as they are required for the functionality of the Platform.


Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.


Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate as set out in our Code of Conduct on the Platform; or anything which might bring us or our Platform into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) misrepresenting your identity or your work history;

(c) using our Platform in any way to transmit, publish or communicate material in any way that is defamatory, offensive, abusive, indecent, menacing or unwanted;

(d) interfering with any User using our Platform;

(e) using our Platform or any of the content on the Platform for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence from us;

(f) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;

(g) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations, privacy laws and regulations and intellectual property laws and regulations;

(h) using our Platform to send unsolicited email messages;

(i) using our Platform to send bulk unsolicited in-Platform direct messages or meeting invitations; or

(j) facilitating or assisting a third party to do any of the above acts.


Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.


Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not intended as advice including as medical advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

We have no control over User Content, and while we reverse the right to make User Content subject to our approval and to remove any User Content we consider inappropriate, we do not undertake to review any User Content for accuracy, completeness or correctness and, to the extent permitted by law, we make no representation or warranty regarding it.


Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website; or
(3) creating derivative works from the Content.


User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including but not limited to reports, conference materials and research papers (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform, for the purpose of providing the Platform and any ancillary services to you.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms;

(b) the User Content you make available does not contain identifiable information of a patient or research participant including any identifiable health information;

(c) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and

(d) where you (i) have received any kind of benefit for creating, sharing or promoting any User Content you will clearly disclose that you have received a benefit; (ii) or where you have any affiliation with a third party with a commercial interest in you creating, sharing or promoting any User Content you must clearly disclose your affiliation. To clearly disclose a benefit or affiliation the disclosure should be visible when viewing the User Content.

We do not endorse or approve and are not responsible for any User Content or any opinions expressed in any User Content. We may, at any time at our sole discretion, remove any User Content.

You indemnify and hold us, our subsidiaries and affiliates and our or their directors, officers, employees, partners and agents, harmless on demand against any claims made by any third parties, including other users, that User Content you have uploaded onto the Platform infringes the rights, including intellectual property rights, of any such third parties.

Using User Content: Your use of our Platform, and your use of and access to any User Content does not grant or transfer to you any rights, title or interest in relation to that User Content. If you wish to share, modify or in any way use any User Content you must seek express and specific permission from the poster of that User Content. It is your sole responsibility to ensure you have received adequate consent from the correct person to use any User Content.

Confidential User Content: If the poster of any User Content clearly marks that User Content as ‘confidential’, other than on the Platform, you must not discuss that User Content or any information or ideas contained in it, unless these are independently developed without reference to the User Content or are already in the public domain. If you choose to mark any content as ‘confidential’ you understand that we are not responsible for and we have no Liability for any breaches of confidentiality, and it is solely your responsibility to assess how best to protect your User Content and to make any claim for any breach of confidentiality at your own cost.

Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.


Consumer Guarantees

(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.


Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Users or User Content including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free and free from viruses;

(c) Content or User Content will remain viewable and accessible on our Platform; and

(d) our Platform will be secure.

You read, use, and act on our Platform and the Content at your own risk. We are not responsible for and are not obligated to control the actions or information (including User Content) of other users or other third parties. You release us and our subsidiaries and affiliates and our or their directors, officers, employees, partners and agents from any claim, complaint, cause of action or controversy and damages, known or unknown relating to, arising out of, or in any way connected with any such claim you have against other users or third parties.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and

(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
(1) event or circumstance beyond our reasonable control;
(2) acts or omissions of you or your personnel;
(3) any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
(4) use of the Platform and/or Content;
(5) interaction you have with other users whether in person or online;
(6) any injury or loss to any person;
(7) Content which is incorrect, incomplete or out-of-date; or
(8) breach of these Terms or any law.

(d) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

(e) This clause will survive the termination or expiry of these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.


Our Platform is for your personal use only

We’ve designed our Platform for you to use it personally, as a researcher or a clinician, and not on a commercial basis. You must not use (without express consent otherwise) our Platform, or any of our Content, or any User Content for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.

Unless you submit a request to us and we provide you consent, our Platform is not a suitable place to advertise commercial products, commercial services or any events (including conferences) you are running, sponsoring or otherwise have any commercial interest in, whether directly or indirectly.


Termination

(a) You may cancel your Account and terminate these Terms at any time by sending us an email to the address at the end of these Terms.

(b) We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.

(c) At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) or we have received complaints about you.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.


Collection Notice

(a) We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

(d) By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.


Assignment

You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected.


Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.


Jurisdiction

Your use of our Platform and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.


For any questions and notices, please contact us at:

Spinal Research Institute Limited ACN 162 207 169

Email: admin@scorh.org

Last update: 29 August 2019

PRIVACY POLICY

1. SPINAL RESEARCH INSTITUTE – PRIVACY POLICY

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our websites www.thesri.org or www.scorh.org or our web applications (Site). In this Privacy Policy we, us or our means Spinal Research Institute Limited (ACN 162 207 163).


2. Personal information

The types of personal information we may collect about you include:

• your name;
• images of you;
• your contact details, including email address, mailing address, street address and/or telephone number;
• your research field;
• your credit card or payment details;
• your biography;
• your links to publications;
• your professional affiliations;
• your username and password;
• your organisation, university or research institute;
• you Open Researcher and Contributor ID;
• information you provide to us through customer surveys;
• details of services we have provided to you and/or that you have enquired about, and our response to you;
• your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
• information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
• additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
• any other personal information requested by us and/or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.


3. Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

• to enable you to access and use our Site, associated applications and associated social media platforms;
• to contact and communicate with you;
• for internal record keeping, administrative purposes, invoicing and billing purposes;
• to process donations and other payments;
• for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
• for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
• to comply with our legal obligations and resolve any disputes that we may have; and
• to consider your employment application.


4. Disclosure of personal information to third parties

We may disclose personal information to:

• third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
• our employees, contractors and/or related entities;
• our existing or potential agents or business partners;
• sponsors or promoters of any competition we run;
• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
• credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
• courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
• third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and
• third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia.

By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.


5. How we treat personal information that is also sensitive information

Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

The type of sensitive information that we may collect about you includes:

• your professional affiliation.

Sensitive information may also be used or disclosed if required or authorised by law.


6. Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Anonymity: Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.

Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information. In certain circumstances we may refuse to provide you with personal information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.


7. Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.


8. Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.


9. Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.


10. Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.


For any questions or notices, please contact our Privacy Officer at:

Spinal Research Institute Limited ACN 162 207 163

Email: info@thesri.org

Last update: 5 September 2018