Introduction

By using the website and the Content available on and through it, you are agreeing to be bound by these Terms of Use and the Privacy Policy.

Content that you access through the website may also be subject to specific terms and conditions imposed by a data provider (Content Provider Terms). These Content Provider Terms may include certain licences to use the Content, such as Creative Commons licences.

The Content Provider Terms and the Terms of Use form the legally binding agreement between you and Commonwealth Scientific and Industrial Research Organisation (CSIRO). If there is any inconsistency between these Terms of Use and the Content Provider Terms then the Content Provider Terms will prevail, but only to the extent that it applies to the particular Contents and to the extent necessary to resolve any conflict.

We may change these Terms of Use or a data provider may change their Content Provider Terms at any time without giving you notice, so please check them each time you visit the website.

Terminology

You/user – means you as a website user or Content user.

Content provider – means an individual or organisation that makes Content available on or via the website.

the website – means the website with the URL (near.csiro.au).

Content – means contributions or content; includes, but is not limited to, reports; articles; multimedia such as videos, sound files, photos, other images, music; textual material such as reviews, annotations, comments, forum and blog postings, information; geospatial/location data, records, metadata; databases, datasets and models. Content may also include or be referred to as Data as the context requires.

Using the Content

Subject to any Content Provider Terms which apply (see below), you may use the Content for any lawful purpose. If you use or download Content from the website you:

• recognise that it may be protected by copyright and other intellectual property rights (including moral rights) and will respect those rights;
• agree to:
  • acknowledge, reference or attribute CSIRO (or the relevant Content provider using any specific attribution wording set out in the Content Provider Terms) and the original authors of the Content (if specified); and
  • include a reference to the permalink for the Content (as displayed on the website page where you downloaded the relevant Content), in any derived information product, work or publication that is based on the relevant Content;
• will not remove any identifier of ownership, disclaimer or terms of use that are associated with the Content or data record;
• may distribute Content to third parties under the terms of these Terms of Use. You must not impose any additional restrictions on the use of original, unaltered Content by third parties; and
• recognise that the Content is provided without any warranty regarding its quality, accuracy, completeness, currency, relevance or suitability for any particular purpose and that you use the Content at your own risk (see Disclaimer).

Your use of Content may also be subject to Content Provider Terms. You must comply with these Content Provider Terms. Where they exist they will be available through the metadata with the Content or shown with the Content.

If you want to use Content otherwise than in accordance with the Content Provider Terms, you need the approval or permission of the Content provider.

A single page on the website may be made up of many different datasets, each covered by a different licence. You are required to check to see which licence applies to any portion(s) of the page or Content record you wish to use and abide by any restrictions on the Content.

Copyright

The website and its Content are protected by copyright law. Copyright in this material resides with CSIRO or various other Content providers as indicated.

CSIRO has accessed Content from many different sources. All reasonable efforts have been made to ensure that we have properly acknowledged/attributed the source of the Content and obtained the necessary permissions. If however you believe that we have not properly accessed your Content please do not hesitate to contact near@csiro.au and we will address your concerns.

Many of the trade marks or logos displayed on the website such as the NEAR Program logo or CSIRO logo or name are trade marks of CSIRO. The trade marks of third parties are also displayed on this the website. All these trade marks cannot be used without the express written permission of CSIRO or the relevant third party.

Disclaimer

The website, linked websites and Content are intended to provide information for general and scientific use, to assist research and public knowledge, discussion and policy development.

CSIRO makes the website and Content available on the understanding that you use them at your own risk – they are provided ‘as is’ and ‘as available’ and you exercise your own skill, judgement and care with respect to their use or your reliance on them (including anything you access through links to external third party websites). You acknowledge that Content on the website:

• may contain statements based on scientific research and comprise data collected by CSIRO and third parties;
• is not professional, scientific, medical, technical or expert advice and may be subject to the usual uncertainties of advanced scientific and technical research; and
• should not be relied upon as specific to you and therefore as the basis for doing or failing to do something.

CSIRO and Content providers give no warranty regarding the quality, accuracy, completeness, currency, relevance or suitability for any particular purpose of the Content or the website.

To the fullest extent permitted by applicable law, CSIRO (including its employees and contractors) and Content providers exclude all liability to any person for any consequences, including but not limited to all losses, damages (including indirect, special or consequential damages, loss of business, revenue/profit, loss of time etc), costs, expenses and any other compensation, arising directly or indirectly from your use of the website or Content (including through links to external third party websites) or inability to access the website.

If you find any inaccurate, out of date or incomplete Content on the website, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by contacting or the Content provider of the Content.

Personal information

Our Privacy Policy also forms part of the Terms of Use. The information in the Privacy Policy about how CSIRO collects and uses personal information through the CSIRO website also applies to personal information collected or provided via this website.

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

Cookies

A cookie is a small file that a website sends to your browser when you access information at that site. Upon receipt of the information your browser saves the information on your hard-disk (unless your browser doesn’t support cookies). Each time you use your computer to access that same website, the information that was previously received is sent back to the website by your browser. It records information necessary for certain website functions, such as remembering your preferences or settings.

The website may use cookies for some of its interactive features however these cookies collect only enough information to enable website functions.

If you don’t want to accept cookies, you can set your browser and/or firewall to block them. You will still be able to access most of the website content but some interactive features will be unavailable.

Links to external websites

This website is all about bringing together energy research, data and other Content from a host of sources around Australia and internationally. As such the website provides links to a range of external websites; however, we do not have direct control over the content of the linked websites nor the changes that may occur to content on those websites.

When you click the link to an external website, you will be redirected to a third party site.

You should consult the legal and copyright notices on the third party website to determine the extent to which you may (or may not) be able to use Content on that website for your intended purpose.

You should also ensure you are aware of any other information about the specific Content which is provided by the third party (for example collection protocol, assumptions, defects, omissions or other limitations of the Content).

CSIRO has no direct control over the Content of linked websites, or the changes that may be made to the Content on those websites from time to time.

You should identify which organisation is hosting any third party website you visit. It is your responsibility to make your own assessment of the relevance, accuracy, currency, completeness, quality, reliability and suitability for any purpose of information hosted on such sites. Remember that energy data and other information on the third party website:

• is general in nature and is not professional, financial, commercial, scientific, medical, technical or expert advice;
• is subject to the usual uncertainties of scientific and technical research;
• may not be accurate, current or complete;
• is subject to change without notice; and
• should never be relied on as the basis for doing or failing to do something.

Links to external websites do not constitute an endorsement by CSIRO or a recommendation by CSIRO of those host organisations or websites, including any information, material or third party products or services available from or through those websites.

Linking to the website

We encourage use of links on external websites to the NEAR Program homepage or other relevant pages on the website.

Such links should not suggest that your website, organisation or services/products are endorsed by CSIRO.

CSIRO reserves the right to prevent linking or framing by giving notice on the website.

We would appreciate if you would advise us of any links you make to the website at (near@csiro.au.

Security of the website

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

CSIRO accepts no liability for any interference with or damage to your computer system, software, or data occurring in connection with or relating to the website or its use including the tools provided. You are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this website is free of viruses or other contamination that may interfere with or damage your computer system, software or data.

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

Email addresses on the website

The presence of email addresses on the website does not infer consent to send unsolicited commercial electronic messages (email) to those addresses.

General

These Terms of Use are governed by the law applicable to the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that State.

No delay, neglect or forbearance on the part of CSIRO in enforcing these Terms of Use will be, or deemed to be, a waiver. Nor will it prejudice any rights of CSIRO.