Conditions of Use Data Analysis Portal

Conditions of use of the Equality Insights Data Analysis Portal for all users

 

THESE ARE THE TERMS AND CONDITIONS THAT YOU AGREE TO BE BOUND BY GOVERNING YOUR USE OF THE SITE AND THE MATERIALS.

Welcome to the Equality Insights Data Analysis Portal! Equality Insights (referred to herein as “Equality Insights”, “we”, “our”, “us”) makes available to you certain data and materials from time to time (Material), located in a restricted access area at the domain name Equality Insights https://equalityinsights.org/ (Site) on the basis that you agree to be bound by these Conditions of Use (Conditions).

  1. You must complete and provide to us a “User Details and Acknowledgement Form” to gain access to the Site and Materials.
  2. These Conditions and, where one is completed, the User Details and Acknowledgement Form constitute the Agreement. Where no User Details and Acknowledgement Form was completed, these Conditions alone constitute the Agreement.
  3. To the extent of any inconsistency with the User Details and Acknowledgement Form, these Conditions take precedence unless expressly stated to be a Special Condition in the Attachment to the User Details and Acknowledgement Form.
  4. You are deemed to have accepted and agreed to the Agreement by your use of the Site or any Material.
  5. You must be at least 18 years old to access the Site and use the Materials.
  6. Where we issue you with an individual user name and password to access the Materials and use the Site, you must not allow any other person to log in under your user name and you must keep your password secret.
  7. Where we issue you or your organisation group access to the Site and Materials, only those members specified to be within the particular group are permitted to use the group user name and password.
  8. You must notify us immediately if you suspect or know of any unauthorised use of the Site or Materials.
  9. You, or your organisation in the event of group access details, are responsible for all actions performed within the Site under your, or your group’s, user name.
  10. We may change these Conditions from time to time by posting an updated version to the Site. By your use of the Material or Site following such posting, you are deemed to have accepted the revised Conditions and agree they vary the Agreement. The Agreement may otherwise not be varied unless agreed in writing by you and us.
  11. We grant You a royalty-free, non-exclusive, revocable, non-transferable licence to access and use the Material and Site (Licence) for the following purposes only: research, public policy development, rights-based inequality or poverty reduction programming development or monitoring, statistical purposes (in accordance with clause 14) advocacy and accountability planning and educational purposes only (Purpose).
  12. Clauses 13 to 20 inclusive define, and limit, your Permitted Use of the Material in relation to the Purpose under the Licence.
  13. You are permitted to distribute the Material, to your current employees, agents, or students in carrying out the Purpose and in compliance with the Permitted Uses.
  14. Use of the Material is restricted to the purposes listed in Clause 11. When using the material for statistical purposes examples of acceptable use include:
    • the manipulation of data to produce means, correlations, or other descriptive summary measures;
    • the estimation of relevant population characteristics from sample data, recognising that this will be determined by the characteristics of the sample;
    • to provide graphical and pictorial representation of characteristics of the population sampled or sub-sets of the population sampled.
  15. You acknowledge that the data portal has not been configured to allow for the use of data as input to mathematical models and for other types of analyses (e.g. factor analysis).
  16. Items such as statistical tables, graphs, and diagrams created from analysis of the Material may be used for internal institutional purposes and analysis provided that you:
    • acknowledge Equality Insights as the creator of that Material; and
    • declare that those who carried out the original analysis and collection of the Material bear no responsibility for the further analysis or interpretation of it.
  17. If you wish to publish or disseminate items such as statistical tables, graphs, and diagrams created from analysis of the Material publicly, you must seek prior permission from Equality Insights and receive written confirmation of approval from Equality Insights. Permission can be sought by emailing info@equalityinsights.org or via the contact us form on the website https://equalityinsights.org/contact-us/.
  18. You acknowledge and agree that it is of paramount importance that the identity of individuals who are the subject of the data we collect to produce the Material, remains confidential. You must not attempt to obtain the identity, or obtain any personal information, of those individuals or any other third party represented in the Material. If you become aware of any attempt to do so (including by any of the Recipient’s Authorised Users or any Authorised Collaborator), you must immediately notify Equality Insights by sending an email to info@equalityinsights.org.
  19. If Equality Insights considers that you may have attempted to, or did, re-identify any de-identified data, without limiting any other rights it may have and without notice to you, Equality Insights may immediately cancel your access to the Data Analysis Portal. You must promptly return, or destroy or delete (at Equality Insights election) any such re-identified data you may have.
  20. The Material must not be used for commercial or financial gain, without our express written permission, nor for illegal or malicious purposes.
  21. You agree and acknowledge that we own any and all intellectual and industrial property rights in the Material throughout the world including rights in respect of or in connection with any copyright (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), trademarks, service marks, designs, and circuit layouts whether or not now existing and whether or not registered or registrable including any rights to apply for the registration of such rights and all renewals and extensions (Background IP Rights).
  22. We are not responsible or liable in any way for the timeliness, accuracy, content, or applicability of the Material or anything else on the Site. We may change, add, remove, suspend, or discontinue providing the Materials and the Site (in part or full) at any time and without notice to you.
  23. You may not alter the Material without our prior written consent which we may withhold in our absolute discretion.
  24. Subject to your compliance with these Conditions of Use, you own the intellectual property rights in any improvements, alterations, or adaptations you make to the Material (Improvements). Nothing in this clause grants you a right to modify or adapt the Site, nor grants or transfers any intellectual property rights in the Background IP Rights.
  25. You must promptly notify us of any Improvements. You grant us a royalty free, perpetual, non-exclusive licence to use and exploit any Improvements.
  26. You must not, without our express written permission or as otherwise expressed in the Agreement, assign your right to use the Material, sublicense any person to deal with the Material in any way, use the Material for any purpose other than the Purpose or Permitted Uses, or exploit, or otherwise commercialise, the Material.
  27. We may terminate the Licence at any time, for convenience, with immediate or later effect, by giving you a notice. Without limiting our preceding right to terminate, we may terminate the Licence where we consider you to be in breach of the Agreement.
  28. Except to the extent that you have a benefit of a statutory guarantee, the Material is provided “as is” and “as available” and we make no representations or warranties (express or implied) in respect of its accuracy.
  29. To the extent that we are legally able to do so, our liability for breach of a statutory guarantee under the Australian Consumer Law that we cannot exclude, is limited to replacement of the Material or supply of equivalent goods, repair of the Material, or paying the cost of the foregoing remedies.
  30. To the extent we are legally able to do so, we make no warranties or representations as to the suitability of the Material for the Purpose or any other purpose you may use (whether in breach of the Agreement or not) the Material for.
  31. We may suspend your access to the Site, or all or part of the Materials, at our sole discretion and without notice.
  32. On termination of the Licence, you must return or destroy, at our election, all Material in your possession or control.
  33. All restrictions, and all disclaimers and exclusions of and limitations on our liability, will survive any termination of the Licence.
  34. Our failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under the Agreement does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under the Agreement.
  35. Subject to clause 29, We are not liable to you for any losses, damages, liabilities, claims, and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, relating to any Material or the Site, or access (or lack of access) to any Material or the Site (or other website operated by us) by you, howsoever caused, whether in contract, tort including negligence, statute, or otherwise.
  36. Use of the Material is solely at your risk. Without limiting any other right we have, you agree to indemnify and hold Equality Insights harmless (and at Equality Insights’ request, to defend us from and against) any claim, demand, cause of action, debt, damage, loss or liability (Claims) including reasonable legal fees, to the extent that such action is based upon, arises out of, or relates to:
    • your use of (or inability to use) the Site or the Materials;
    • your breach of the Agreement;
    • your infringement, or any other person’s infringement while using your user name and password, of any right of any person or entity; or
    • any other activities of yours accomplished using the Site or Materials that causes us to incur a Claim.
  37. You agree to cooperate as fully as reasonably required in the defence of any Claim. Equality Insights reserves the right, at its own expense, to assume the exclusive defence and control of any Claim subject to indemnification by you.
  38. If any term or part of the Agreement is found to be void, unenforceable or invalid, then it is severed from the Agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of the Agreement.
  39. The Agreement constitutes the entire agreement between you and us in respect of the subject matter of the Agreement.
  40. The Agreement is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
  41. We will handle any private information we collect from you in accordance with our privacy policy located at https://equalityinsights.org/privacy-policy/ or found at this link.
  42. If You have any feedback, complaints, suggested improvements, or queries in relation to the Material, please email info@equalityinsights.org .

 

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