By registering to the BEST network you agree to the following terms:
1. Background and Introduction:
The BEST (Biomedical Education, Skills and Training) Network is a collaborative project between leading Australian universities and peak industry groups with the aim of combining their biomedical expertise, learning resources, and educational technologies to provide a critical mass of world-class biomedical education resources and a shared web-based IT infrastructure that is readily accessible to all members. The BEST Network is also supported by technology providers (Smart Sparrow Pty Ltd (ABN 90 148 030 451)). The BEST Network operates an online portal (BEST Network Portal) that comprises the following components (together the ‘Services’):
‘the BEST Community’ – an online place where biomedical educators, students and practitioners may interact, share and communicate;
‘Content’ – online tutorials intended for use in biomedical education, as well as curated collections of digital images, videos, sound files and related documents; and
‘Tools’ – software designed for the collection, display, modification and use of Content.
These Services are made available to biomedical teachers, researchers and students on a worldwide basis through the BEST Network Portal.
2. This Agreement:
These terms cover your use of the Services including your access to the BEST Network Portal and its Content. If you would like to deposit your own content into the BEST Network Portal, you will need to become a registered user and assent to the BEST Network Deposit Agreement. You can find more details about depositing content [here].
3. Contracting Party:
The BEST Network is represented by the University of New South Wales Australia ABN: 57 195 873 179 for the purposes of this User Agreement (and UNSW is referred to as ‘us’ or ‘we’ in this User Agreement).
4. Please read these terms carefully:
It is important you read these terms carefully and understand them. When you check the box above, you are giving us important undertakings about your use of the BEST Network Portal and its Content.
5. Registration and Account Operation:
The BEST Network is intended to be an open platform for sharing information for the public good. Registered users must provide accurate information to foster an environment of trust. You will be required to register to be able to use the BEST Network Portal by providing your personal details so we can create an account for you to access the Services. You should not:
- use false information to register or open an account;
- register or open an account for and on behalf of another person without their explicit permission;
- create more than one account; or
- attempt to create another account without our permission if your existing or previous account has been disabled, suspended or terminated.
To maintain security you must keep your logon details confidential and store them securely at all times. You must not disclose your logon details to any other person.
You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services, and you agree that you will be solely responsible for all activities that occur under your account.
If you become aware of any unauthorised use of your password, your account or the BEST Network Content or Services, you agree to notify us immediately via firstname.lastname@example.org.
6. Use of the Services. You agree:
- to use the Services in a fair and reasonable manner, which includes not using the Services:
- for any unlawful or fraudulent purpose; or
- in a way that adversely affects the Services (or the servers and networks which are connected to the Services) or the use of or access to the Services by other registered users;
- not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers);
- to not upload any copyrighted materials not owned by you, unless you have permission of the owner of the copyrighted materials to do so; or
- to contribute comments or participate in discussion within the Services in a manner that is respectful to others and productively contributes to academic debate and does not bully, harass or defame any other person.
7. Institutional Membership:
You will only be able to access the specific sections of the BEST Network Portal that are available to individual users free of charge.
We may enter into member agreements with institutions from time to time that allows access for its personnel to additional content and services on the BEST Network Portal over and above the sections provided free of charge in return for the payment of a membership fee.
If you are employed by an institution that has a member agreement, you should check with your institution to find out whether you are authorised under that member agreement to access any additional sections and services on the BEST Network Portal.
You may only use the Services and any Content contained on the BEST Network Portal for non-commercial, education, research and clinical purposes. For example, and without limitation, you may use the Service as part of a normal education program your institution provides to its students (subject to the fair and reasonable use provisions above). You would not be able to sell access to the Services to another person or use any Content in a publication or other medium from which you receive royalties.
You acknowledge that we may restrict access to the original Content files. You must not take any steps to try and circumvent those restrictions and attempt to download the original high resolution files. You may however, subject to the fair and reasonable use provisions above, make a copy of the Content via a screenshot and use that Content for your own non-commercial, education, research and clinical purposes.
If you are authorised by another person (such as your employer) to enter into this User Agreement, that other person may use the Content with the same restrictions. You must not distribute the Content to any other person. If another person wishes to use the Content, they should enter into their own User Agreement with us.
The Services may allow you to annotate or otherwise mark-up Content for the purposes described in paragraph 8(a), but you are not entitled to manipulate or otherwise modify any Content in a way that would adversely affect the integrity of the Content.
If you would like to use any Content for a commercial purpose, you must contact us via email@example.com and obtain our written approval (or we may direct you to the copyright owner to obtain consent directly from them).
9. Attribution and Watermarks:
If you copy any Content via a screenshot as contemplated by clause 8(b), you must include an appropriate acknowledgement of the original contributor of the Content, and a reference to the BEST Network (BEST.edu.au). You must not alter or remove any logos or watermarks on any Content if they exist.
10. Regulatory and Ethical Compliance:
The BEST Network allows contributors to deposit appropriate biomedical content so that it can then be accessible by other registered users for public benefit. We require contributors of the Content to ensure, wherever possible, that all personal identifiers are removed from Content before uploading and that they have any necessary legal and ethical approvals to make such a deposit (including any necessary consent if a person is identifiable from the appearance of the Content itself).
You must not (or allow another person to) derive (or attempt to derive) the identity of a person or any other personally identifiable information in connection with any Content. If you become aware that personal identifiers have been disclosed in connection with Content or it is otherwise possible to associate a person with the Content and there is no indication that the appropriate consent has been obtained, you must immediately stop using the Content and notify us via firstname.lastname@example.org.
11. Complaints and Removal of Content:
If you have any complaints about the Content, Services or conduct of the BEST Network, please notify us via email@example.com. Please refer to the BEST Network Complaints Policy for information on the process we will use to address your complaint.
You acknowledge and agree that we may remove Content from the BEST Network Portal in response to any reasonable complaint.
If we remove Content, your access to that removed Content will cease. If you have taken a screenshot copy of Content and that Content is subsequently removed from the BEST Network Portal, your right to continue using the Content will cease and you must take reasonable steps to delete all copies of the Content.
13. Technology Platform:
The Services may take you to, or incorporate, other services, software, products and web sites provided by our technology partner Smart Sparrow (‘SPR Services’). The use of SPR Services is subject to separate terms and conditions which can be found at smartsparrow.com/terms-conditions.
14. Important disclaimers and our Liability:
The Services of the BEST Network Portal are provided for educational purposes only and may contain fictitious examples created for teaching purposes. The Services are not intended for use in actual clinical decision-making, and under no circumstance should the BEST Network Portal and its Content be used as a substitute for the advice of a qualified healthcare professional. Any treatment portrayed as correct on the BEST Network Portal may not be the correct treatment for a similar patient. We are providing the BEST Network Portal as an open forum for collaboration related to biomedical educational resources. We are not in a position to review or vet any of the Content that is available on the BEST Network Portal. Accordingly, we (and the other participants of the BEST Network, any content providers to the BEST Network Portal and our technology partners including Smart Sparrow) make no warranty about the accuracy, completeness or currency of any information, Content or other material available on the BEST Network Portal. This also includes any links to third party information or web sites that may appear on the BEST Network Portal. You should carefully review any material or information on the BEST Network Portal or any linked third party web site with your trusted health-care provider before acting upon the information in any way.
Your access to and use of the BEST Network Portal or the Services is at your own risk, and on an “as is” and “as available” basis. To the full extent permitted by law, we (and the other participants of the BEST Network, any content providers to the BEST Network and our technology partners including Smart Sparrow) disclaim all warranties, express or implied, of merchantability, fitness for a particular purpose or non-infringement.
We (and the other participants of the BEST Network, any content providers to the BEST Network and our technology partners including Smart Sparrow) exclude all liability to you for any loss, damage, cost or expense you (or any person you are authorised to provide Content to under this User Agreement) suffer or incur in connection with your access and use of the BEST Network Portal or the Services. You agree to indemnify us and our personnel and our content providers for any loss or damage suffered or incurred by them in connection with your use of the BEST Network Portal, the Services or the Content.
Your obligation to indemnify us will be reduced to the extent that our negligence or wilful misconduct has directly contributed to your loss. To the extent that the indemnity and exclusions of liability refer to any third party, we hold the benefit of the indemnity and exclusions for and on behalf of that third party.
15. Termination and Suspension:
You may terminate this User Agreement at any time by giving us notice in writing. We can immediately terminate or suspend your access to the Services if you breach this User Agreement. We can also terminate this User Agreement for any reason on 90 days notice. On termination of this User Agreement you will not be entitled to a refund of any membership fees that have been paid.
16. Changes to the Agreement:
- This Agreement may be varied from time to time by us, and details of the changes will be made available at best.edu.au/terms-conditions.
- We will provide a notice of changed terms via the BEST Network (blog, posting or similar).
- If you use the Services after the date on which the Agreement has changed, your continued use will be taken as acceptance of the updated terms.
- If you do not agree with the changes, you must terminate this User Agreement.
This Agreement is governed by the laws of New South Wales (NSW) Australia.
We may assign our rights (and novate our obligations) to another person that takes over the administration of the Services without the need for obtaining further consent from you. You may not assign your rights under this Agreement to any person.