Applications – Conditions of Use

Applications provided by Standards Australia Limited

Conditions of Use

1. Introduction
   The terms and conditions contained in this page (Conditions) govern the access and use by users of the applications, websites, services, and products (SA Applications) provided by Standards Australia Limited (ABN 85 087 326 690) (Standards Australia or SA), comprising:
    1.1.  Connect, a portal for members of the public, current members of SA’s technical committees (Committee Members) and organisations which nominate Committee Members on SA’s technical committees (Nominating Organisations);
    1.2.  Project Proposal Portal, a portal to submit and provide comments on standards development project proposals, provided via Salesforce.com;
    1.3.  Public Comment, a portal to provide comments on draft standards and other publications;
    1.4.  SIM, a database for Committee Members to access Australian Standard® standards and other publications for use in relation to committee processes; 
    1.5.  Standards Australia Academy (SA Academy), a knowledge-sharing portal for Committee Members, provided via Learning Seat Pty Ltd; and
    1.6.  Reader Room, a public benefit online portal providing Australian residents no-fee access to selected Australian Standard® standards and other publications for certain non-commercial uses only. 
   
   Access to the SA Applications may be enabled via an access management solution, such as Single Sign On Portal Solution (SSO).
2. Agreement
   1. Legal agreement and representation. These Conditions form a legal agreement between a user of an SA Application (you) and Standards Australia. If you accessor use an SA Application on behalf of an organisation or entity, you represent that you have the legal authority to accept these Conditions on behalf of that organisation or entity.
   2. Acceptance. By checking the box "I have read and accept the Conditions of Use" and clicking "Accept", or accessing or using the SA Application, you accept and agree to comply with the Conditions in their entirety. 
   3. Modification. Standards Australia may at any time, in its sole discretion, amend, vary or modify these Conditions without notice.  Modifications to these Conditions will be effective immediately and any subsequent use by you of any SA Application will constitute your acceptance of the modifications and the then-current Conditions.
   4. Additional terms. Your obligations under these Conditions are in addition to and do not replace your obligations under other terms and agreements, including the Committee Member Deed, Standards Australia’s Technical Committee Code of Conduct, and any licence agreement governing the use of any documents downloaded via an SA Application.
   5. Links to other sites. The SA Applications may contain links to third party sites. The links are provided solely for your convenience, and do not constitute an endorsement or a recommendation by Standards Australia of any company, person, material, information, content, products or services provided at or via those sites. You agree that the use of those sites will be governed by the applicable third party’s terms and conditions (including without limitation those relating to confidentiality, data privacy and security).
   6. Standards Australia does not control and is not responsible for any third party sites. You acknowledge and agree that access to or use of these linked sites is entirely at your own risk.
3. Privacy and personal information
   1. Privacy Policy. Any information (including personal information) that you provide by accessing or using an SA Application will be dealt with in accordance with these Conditions and Standards Australia’s Privacy Policy (as updated from time to time).
   2. Communications. You agree that Standards Australia may contact you, including to an email address you provide or by other means, with information regarding Standards Australia or your use of the SA Application. You can manage or opt-out of receiving such communications via your personal settings or clicking an unsubscribe link in the relevant communications. 
   3. Use of personal information. If you obtain any personal information about other individuals from accessing or using an SA Application, you must not collect, use or disclose such personal information unless with the express consent from the individual concerned. 
4. Content you submit
   1. ​Your content. The SA Application may allow you to submit content, information or material (for example to provide comments on a project proposal or draft technical publication). You acknowledge and agree that any content you submit may be shared with, seen, or used by other users, subject to any other confidentiality obligations that may apply (for example documents marked as Committee-In-Confidence uploaded to Connect).
   2. Prohibited activities. You must not submit any content to any SA Application that:
      1. contains any virus or other damaging material;
      2. infringes or breaches the right of a third party (including intellectual property, copyright, confidentiality or privacy rights);
      3. is inappropriate, defamatory, abusive, obscene, vulgar, offensive, discriminatory, or threatens, intimidates or harasses any person; or
      4. is deceptive or misleading, primarily used to promote your or a third party business or enterprise, involves or promotes any illegal activity, or is otherwise contrary to any applicable laws, codes or policies of Standards Australia, or any other agreement you have with Standards Australia.
   3. Licence to use your content. You grant Standards Australia a worldwide, non-exclusive, royalty-free, sub-licensable, transferable, perpetual and irrevocable licence to host, use, copy, reproduce, publish, distribute, modify, adapt, and create derivative works of the content you submitted to an SA Application, including without limitation for the purposes of conducting its standardisation activities. 
   4. Moral rights. You grant Standards Australia (or a person authorised by Standards Australia) consent to conduct or omit to conduct any act or omission which would otherwise infringe your moral rights in the content you submitted to an SA Application, including without limitation failing to acknowledge or attribute you as an author or modifying those materials. 
   5. Third party content. If you submit content which includes third party’s content, you must ensure that you have prior permission from the content owner for you and Standards Australia to use and reproduce that content as contemplated under these Conditions.
   6. Report violations. If you become aware of any content published on an SA Application which you reasonably believe violates these Conditions or any applicable law, you must report this to Standards Australia in writing as soon as reasonably practical for further review and investigation.
   7. Disclaimer. Standards Australia does not accept liability or responsibility with respect to any content submitted by the users. Specifically, Standards Australia will not be taken to have submitted or endorsed the submission of any content simply by facilitating users to submit content onto the SA Application. You will not hold Standards Australia responsible or liable in any way for any user comments or posts.
5. Intellectual Property​
   1. ​Our content. Standards Australia may provide you with access to content and resources as part of the SA Application (such as standards, technical publications and public comment drafts).
   2. Ownership. Copyright in content included in or made available via an SA Application (other than content submitted and owned by you) remains vested in Standards Australia (or relevant third parties, such as other standards development bodies or external providers who may have licensed such content to Standards Australia). 
   3. Protection. You agree to use all reasonable efforts as may be required to protect Standards Australia content in your possession or control from unauthoriesd use.
   4. Permitted use. Standards Australia grants you a non-exclusive, non-sub-licensable, non-transferable, and revocable licence to use the content accessible via an SA Application, but only if such use by you is: 
      1. strictly for the purpose for which the content is made available to you (for example, for standard development purposes or public commenting purposes); and
      2. in accordance with these Conditions and any applicable terms of use (for example, the Committee Member Deed or applicable licence agreement).
   5. Restrictions. Other than the permitted use in clause 5.4, you must not:
      1. use, reproduce, copy, merge, adapt, translate, embed, modify, rent, lease, sell, sublicense, send by email, share, distribute, upload to a website, assign or otherwise transfer any content obtained from an SA Application, unless with the prior written permission from Standards Australia or the relevant third party owners;
      2. remove, alter or obscure any copyright or licence notices appearing on our content (including without limitation any watermark); or
      3. bypass, modify or circumvent any security-related features or content protection or features applicable to our content.
   6. Infringement notice. If you reasonably believe that your intellectual property rights have been infringed by another user, please send a notice to us at mail@standards.org.au with the relevant details of the suspected infringement as soon as possible. Standards Australia will consider the matter and take any necessary actions as it thinks fit. However, please note that Standards Australia may not be able to share any details of the matter with you. 
6. Registration and access
   1. ​Permitted access. You may only access and use the SA Application to support or facilitate Standards Australia’s standardisation activities, and not for any other purpose.
   2. Single-user licence. The licence to access an SA Application granted by Standards Australia to you is a single-user licence personal to you, and may not be transferred to another individual or organisation.
   3. Registration. You must provide Standards Australia with accurate and up-to-date registration information. You must not impersonate or create a registration for any person other than yourself, and you agree to inform Standards Australia of any changes to your registration details.
   4. Password. You agree to keep your password(s) for the SA Applications secure and confidential and not to disclose it to any other person. You must immediately notify us if you have lost your password, if your password is compromised, or if you become aware of any unauthorised access to the SA Application using your login details.
   5. Applicable laws. You must comply with all applicable laws and regulations when using any SA Application, including intellectual property, privacy, anti-discrimination and criminal laws. You must not disassemble, decompile or reverse engineer the software or source code of any SA Application.
   6. Surveillance. Standards Australia reserves the right to monitor and review your use of an SA Application.  Standards Australia may edit, reformat, filter, remove, delete or refuse to post your content for any reason without notice to you, including to ensure compliance with these Conditions, and all applicable laws, standards and industry codes of practice. 
   7. Multi-Factor Authentication. To address certain cybersecurity concerns, You agree to authenticate your access to SA Applications through multi-factor authentication applications.  
7. Additional requirements for Project Proposal Portal
   1. The Project Proposal Portal allows members of the public to submit, comment and vote on project proposals relevant to Standards Australia standards development projects. 
   2. The Project Proposal Poral is provided via a Salesforce.com company (Salesforce), which is a third party cloud-based platform provider. By using the Project Proposal Portal, you agree to be bound by the Salesforce Master Subscription Agreement available www.salesforce.com/company/msa.jsp (as updated from time to time).
   3. Personal information (such as name, email address and other contact details) that you submit when accessing the Single Sign On Portal Solution (SSO) will be provided to Salesforce for the purposes of maintaining your account and facilitating access to the Project Proposal Portal. You agree that Salesforce may collect, use and disclose your personal information in accordance with its Privacy Policy at www.salesforce.com/company/privacy. If you have any questions about Salesforce’s collection of data, please contact us at privacy.officer@standards.org.au or Salesforce at privacy@salesforce.com.
   4. You cannot edit or delete your name, proposal, comment or vote once it is submitted, and it be viewable by other registered users. Please ensure your comment is suitable for publication before submitting. Your personal information may also be disclosed to committee members of relevant technical committees, and staff involved in supporting them.
   5. The proposals and comments will be reviewed and assessed by Standards Australia. Votes and comments will be used to indicate support from interested stakeholders, but are not determinative. Standards Australia will be responsible for making the decision on approving projects or not based on the criteria and process listed on Standards Australia's website.  
8. Additional requirements for Public Comment
   As part of its Public Comment process, Standards Australia provides access to draft standards and other technical documents it develops to allow members of the public to provide comments on the text of the draft document. If you provide comments in response to a draft document as part of Standards Australia’s Public Comment process, the following additional requirements apply:
   1. Comments submitted as part of Standards Australia’s Public Comment process should address the technical content, wording or arrangement of the draft, or editorial matters. Proposed technical changes should be accompanied with supporting reasons. 
   2. Your personal information may be disclosed to committee members of relevant technical committees and staff involved in supporting them. In the case of joint Australian/New Zealand draft documents, your personal information may be disclosed to committee members of the joint Australian/New Zealand technical committee and employees and contractors of Standards New Zealand located in New Zealand. Your information may also be shared by Standards Australia with its third party service providers.
   3. Standards Australia does not endorse any content submitted by any user (including any comments, opinions, feedbacks, recommendations or advices). Although Standards Australia will use reasonable endeavours to review all significant comments received, Standards Australia is under no obligation or responsibility to consider, respond to, or action on any of the comments or posts.
   4. Draft documents are provided solely for the purpose of Standards Australia’s Public Comment process and are subject to change. Draft documents are not to be used or relied on for any other purpose. Standards Australia recommends that users refer to the final published version of any standard or other technical document.  
   5. You acknowledge and agree that Standards Australia has no obligation whatsoever to notify you of any amendments or changes to any draft documents or even as to its withdrawal from publication, irrespective of the reason for any such amendment, change or withdrawal.
   6. Draft standards and other documents made available via Public Comment are subject to copyright. Any reproduction, copying or distribution of drafts (including by way of “Printscreen”, “Screen Snips”, “Print as PDF”), other than for your own public commenting purposes, is prohibited. Other persons can access draft documents and provide comments by registering through Public Comment.
9. Additional requirements for SIM: documents for committee purposes
   1. Certain Australian, Australian/New Zealand, International and/or other Standards Australia documents that are necessary for your involvement as a Committee Member in national or international standardisation are available for you to download via SIM.  
   2. These documents have been made available for your use only for standard development activities conducted or facilitated by Standards Australia, including the preparation and maintenance of Australian and Australian/New Zealand standards or technical documents or for your involvement in international standardisation (as the case may be), and are not to be copied or distributed in any way or used for any other purpose.
10. Additional requirements for Nominating Organisations
    1. ​Through Connect, a Nominating Organisation is able to access certain information relating to individuals that it has nominated to participate in Standards Australia's technical committees. This information is made available to the Nominating Organisation solely for the purpose of enabling the Nominating Organisation to review the participation of its nominees in Standards Australia's technical committees and must not be used or distributed for any other purpose by the Nominating Organisation, its employees or its agents without the prior written consent of the individual to whom that information relates.
    2. Through Connect, the Nominating Organisation may also be permitted to access certain documents that have been prepared by or for the use of particular technical committees. Such information is made available to the Nominating Organisation solely for the purpose of enabling the Nominating Organisation to review the participation of its nominees in Standards Australia's technical committees. Such information must not be used or distributed by the Nominating Organisation, its employees or its agents for any other purpose without Standards Australia’s prior written consent.
    3. The Nominating Organisation is granted access to defined areas within Connect on a 'read-only' basis. 
    4. The Nominating Organisation, its employees and its agents are not permitted to upload any information to Connect and must not attempt to do so.
11. Additional requirements for SA Academy
    1. ​The SA Academy is a cloud-based platform access to which is provided by Standards Australia to Committee Members through Learning Seat, a third party service provider.  
    2. Personal information (such as name, email address and other individual contact details) that you submit when accessing the SSO will be provided to Learning Seat for the purposes of maintaining your SA Academy account and facilitating access to the SA Academy.
    3. Please also note that Learning Seat collects information such as IP addresses, connection speed and internet service provider domain name. This information is typically anonymized but in some circumstances could be linked to an individual. This information may be collected through various means, including Cookies, IP address and Web beacons. 
    4. You agree that Learning Seat (and its affiliates) may collect, use and disclose your personal information in accordance with its Privacy Policy at www.litmos.com/privacy-policy. If you have any questions about Learning Seat’s collection of data, please contact us at academy@standards.org.au or Learning Seat at support@learningseat.com.
    5. The training materials available through the SA Academy are for information purposes only and Standards Australia makes no guarantee as to the quality, accuracy or reliability of such materials. You agree that Standards Australia is not responsible for content or information that you access through the SA Academy, or for any damages as a result of your use or reliance on it. You also agree not to copy, reproduce, modify or vary any training content available via the SA Academy.
12. Additional Requirements for Reader Room
    1. The Reader Room is an online portal containing selected Australian Standard® standards and other publications [in webreader format] (Reader Room Publications and each a Reader Room Publication), provided to members of the public in Australia on a no-fee access basis for personal, domestic or household use only.
    2. You acknowledge and agree that the Reader Room is provided on a pilot basis and agree that your use of the Reader Room is at your own risk, pursuant to clause 13 and 14.2 below. 
    3. Reader Room Access:
       1.   You must register for an account before you can access the Reader Room, which first requires verification through an Australian mobile phone number.
       2.   Any Reader Room Publication is provided on a read-only basis, and you may not download or otherwise save or reproduce any Reader Room Publication.
       3.   You are granted three (3) unique access tokens, over a 12-month period, to access Reader Room Publications. Each unique access token grants you access to one (1) Reader Room Publication for a 24-hour period.
    4. You may not use any Reader Room Publications for any commercial application or purpose, or attempt to sell or sublicence any Reader Room Publications to any party.
    5. Standards Australia reserves the right to:
       1.   update the version of any Reader Room Publication;
       2.   include or withdraw any Reader Room Publication; or
       3.   cease providing access to the Reader Room, at any time and at its sole discretion.
    6. Reader Room Publications are subject to copyright. Any reproduction, copying or distribution of the Reader Room Publications (including by way of "Printscreen", "Screen Snip", "Print as PDF"), other than in accordance with clause 12.1 and 12.3 above, is prohibited.
13. No warranty
    1. Standards Australia does not guarantee that access to any SA Application will be uninterrupted or that the SA Application is free from viruses or anything else which may damage any computer which accesses the SA Application or any data on such a computer.
    2. To the maximum extent permitted by law, Standards Australia expressly excludes all conditions and warranties, guarantees, rights and remedies, liabilities and other terms that may be implied by custom, statute or common law that may relate to any SA Application.
    3. To the maximum extent permitted by law, Standards Australia excludes all liability for any loss or damage of any kind, whether under contract, tort (including negligence) or otherwise, whether direct, indirect, special, or consequential loss (including any loss of revenue or profits, loss of anticipated savings, loss of data, loss of value of equipment, any penalties or fines imposed by a regulator), arising in any way out of or in connection with your use of any SA Application.
14. Termination
    1. Standards Australia reserves the right to terminate your access to any SA Application at any time and without notice, including if Standards Australia believes you have breached the Conditions or are no longer an active user.
    2. Standards Australia may terminate, suspend or modify the SA Application (or any part of it) at any time without notice, including without limitation for upgrades and scheduled maintenance.
15. Jurisdiction
    1. ​This agreement is governed by and must be construed in accordance with the laws of the State of New South Wales, Australia.
16. Complaints
    1. If you have concerns or complaints regarding any SA Application, including content accessible through it, please Submit an Enquiry form .