BEST Network Deposit Agreement

Welcome, and thanks for your interest in the Biomedical Education, Skills and Training (BEST) Network, a collaboration between healthcare education institutions intended to share next-generation educational content and education technology.

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’):

  1. ‘the BEST Community’ – an online place where biomedical educators, students and practitioners may interact, share and communicate;
  2. ‘Content’ – online tutorials intended for use in biomedical education, as well as curated collections of digital images, videos, sound files and related documents; and
  3. ‘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 the depositing of your Content (which can be in the form of materials developed and distributed using the Adaptive e-Learning Platform forming part of the Best Network Portal, image files, videos, sound files or related documents) (Your Content) onto the BEST Network Portal. If you would like to be a user of the BEST Network Portal and access member’s content, you will need to enter into the BEST Network User Agreement. You can find more details about being a member 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 Deposit Agreement (and UNSW is referred to as ‘us’ or ‘we’ in this Deposit 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 agreeing to give us certain rights to use Your Content as well as giving us certain undertakings about Your Content. The use of biomedical content is governed by various legal and ethical requirements which differ between jurisdictions. Please obtain appropriate advice in relation to the proposed use of Your Content on the BEST Network Portal.

5. Licence:

  1. In consideration of us providing a valuable repository of biomedical content, you grant us a royalty free, licence fee free, worldwide, non-exclusive, perpetual (subject to clause 10) licence to exercise the following rights:
  2. to use, copy, modify, adapt and publish Your Content as part of the BEST Network Portal; and
  3. to allow users of the BEST Network Portal to
  4. view and use Your Content online as part of the BEST Network Portal (including annotating and marking up Your Content for educational or research purposes); and
  5. to take a screenshot copy of Your Content and use that copy for that users own non-commercial, education, research and clinical purposes. We will not allow a user to download a copy of the original high resolution file that you upload. However we may permit a screenshot to be captured at a set resolution.
  6. To assist us with the ongoing operating costs of the BEST Network Tools and Community, you acknowledge that we may charge members a membership fee to access and use certain sections of the BEST Network Tools and Community portal.
  7. We acknowledge that we are granted a limited licence on the terms of this Deposit Agreement. This Deposit Agreement does not transfer any ownership of the intellectual property rights in Your Content or prevent or restrict you or the owner of Your Content from exercising any rights you or they may have in relation to Your Content.

6. Your right to Grant the Licence and your Moral Rights:

  1. You warrant that you are the owner of Your Content or have the necessary authority from the owner of Your Content (for example, if your employer owns Your Content) to upload Your Content onto the BEST Network Portal and grant the rights to us under this Deposit Agreement.
  2. You acknowledge that we will be authorising the BEST Network users to use Your Content for the purposes described in clause 5(a), which could involve Your Content being modified, adapted and incorporated with other material. You consent to users being able to do those things that would, but for your consent, infringe your moral rights in relation to Your Content.

7. Attribution:

We will take all reasonable steps to require users of the BEST Network to acknowledge Your Content as a contribution by you to the BEST Network.

8. Your Regulatory and Ethical Compliance:

We are providing the BEST Network platform for contributors to be able to deposit appropriate biomedical content that can then be accessible by the BEST Network users for public benefit. It is your responsibility to ensure (and demonstrate to us as appropriate) that you have the necessary legal, ethical and intellectual property approvals to make such a deposit. So, before uploading Your Content to the BEST Network Portal:

  1. if the identity information of a person is unable to be removed from Your Content (for example, if an image itself shows the face of a person), you must have formal evidence of explicit consent for Your Content to be used and disclosed as part of the BEST Network Portal and provide that evidence to us before uploading Your Content onto the BEST Network Portal; and
  2. if any other consents are required under any applicable law, regulation or ethical code or standard (such as any relevant tissue or anatomy legislation), you must have formal evidence of explicit consent for Your Content to be used and disclosed as part of the BEST Network Portal.

9. Our compliance undertakings:

We will operate the BEST Network Portal in accordance with the ethics committee approvals we have obtained.

10. Complaints and removal of Content:

If you have any complaints about the use of Your Content on the BEST Network Portal, we will address that complaint in accordance with our complaints policy. It is important to the success of the BEST Network Portal that users are able to rely on the continued availability of any uploaded content. However, if you have reasonable grounds for removal of Your Content from the BEST Network Portal (for example, you become aware of a claim that you did not have the necessary rights to upload Your Content), we will remove Your Content in response to your request. We may also remove Your Content from the BEST Network Portal in response to any reasonable complaint from another person. If we remove Your Content in response to such a request, our right to use your Content on the BEST Network Portal ceases.

11. Liability and Indemnity:

We will not be liable to you for any loss or damage that you may suffer or incur in connection with our (or a BEST Network user’s) use of Your Content obtained through the BEST Network Portal. You indemnify us for any loss or damage we suffer or incur as a result of a breach of your obligations under this Deposit Agreement. Your liability to indemnify us will be reduced to the extent that our negligence or wilful misconduct has directly contributed to your loss. We will ensure that every user who accesses Your Content enters into a User Agreement that includes appropriate disclaimers and limitations of liability in relation to the use of Your Content for diagnostic purposes.

12. General Terms: This Deposit Agreement:

cannot be varied without the written agreement of both of us; is governed by the laws of New South Wales (NSW) Australia; and may not be assigned by you, but we may assign our rights (and novate our obligations) to another person that takes over the administration of the BEST Network without the need for obtaining further consent from you.