Terms and Conditions AgreementBy accessing or using this Website you agree to be bound by these terms and conditions of use as amended from time to time.
1. Definitions and Interpretation
(a) "Researcher Data" means the data supplied by You to the ElisaAnalysis Platform from time to time;
- result sets of queries against Researcher Data;
- result sets of queries against Matched Data or any other Data;
(b) "Data" includes data and information that has been reformatted or converted on to a different media or has been modified ( and whether authorized or not), and includes revisions, updates and re-issues;
(c) "ElisaAnalysis Data" means ElisaAnalysis Reports, data, query sets and result sets and information generated, compiled, arranged or otherwise developed by the ElisaAnalysis Platform in the course of providing the Services;
(d) "ElisaAnalysis Platform" means the web based software platform owned and operated by Elisakit;
(e) "ElisaAnalysis Reports" means:
(g) "Permitted Purpose(s)" means for Your own internal research purposes;
(h) "Services" means the services described in this Agreement; and
(i) "You" and "Your" means the person who supplies Researcher Data to ElisaKit.
(j) "ElisaKit" means Elisakit.com Pty Ltd;
2. Term of Agreement
2.1 TermThis Agreement commences once You supply Researcher Data to the ElisaAnalysis Platform and will continue until terminated by either party giving notice to the other.
3. Access to ElisaAnalysis Platform(a) Subject to the Terms of this Agreement, ElisaKit authorises You to access and use the ElisaAnalysis Platform for the purposes of supplying Researcher Data and generating and downloading ElisaAnalysis Reports.
(b) ElisaKit may, without notice or liability, suspend, restrict or limit access to the ElisaAnalysis Platform if any action or event occurs which, in ElisaKit's absolute opinion, threatens the security, access or performance of the ElisaAnalysis Platform.
4. Data In
4.1 Supply of Data
(a) You may supply Researcher Data to the ElisaAnalysis Platform from time to time.
(b) You represent and warrant that:
(i) You are the owner of the Researcher Data or are otherwise entitled to licence the Researcher Data for the purposes of this Agreement.
(ii) To the best of Your knowledge, the Researcher Data:
(a) does not infringe the Intellectual Property Rights of any third party.
(b) is accurate, not misleading and is not otherwise unlawful.
4.2 Use(a) You grant to ElisaKit a perpetual, non exclusive and royalty free licence to use and develop Researcher Data including (but not limited) to:
(i) copy, alter, modify, reproduce, supplement or re-transmit the Data for the purposes of this Agreement and creating the ElisaAnalysis Reports and ElisaAnalysis Data;
(ii) combine the Researcher Data with any other data to create statistics, information databases and compilations ;
(iii) compile, publish and distribute the ElisaAnalysis Data in any form; and
(iv) sell, licence or otherwise supply the ElisaAnalysis Data to any person;
(i) Researcher Data will only be supplied to you and personnel and/or contractors engaged by ElisaKit to provide the Services;
(ii) ElisaAnalysis Data including any ElisaAnalysis Report provided to a third party that incorporates or is derived from Researcher Data will be depersonalised and de-indentified such that:
(a) You cannot be identified;
(b) No third party will have access to any result set generated by You exclusively in relation to Your Researcher Data.
5. Reports Out
5.1 Supply of ElisaAnalysis Reports
(a) Subject to the terms and conditions of this Agreement, ElisaKit will supply ElisaAnalysis Reports to the Researcher as and when a report becomes available.
- ElisaAnalysis Reports supplied to the Researcher will only contain Data that relates exclusively to the Researcher Data or Matched Data;
- ElisaKit will have no obligation to supply an ElisaAnalysis Report if the Researcher's Data is not included in the relevant reports.
(b) The Participant acknowledges and agrees that:
(i) Supply of ElisaAnalysis Reports is based on a Contributed Data Basis, that is ElisaKit will use its best endeavours to ensure that:-
(iii) Notwithstanding anything in this Agreement, ElisaKit is under no obligation in relation to the ElisaAnalysis Reports once supplied including correcting, updating or editing any specific Data.
5.2 Grant of Licence to ElisaAnalysis ReportsElisaKit grants You a personal, non exclusive, non transferable licence to ElisaAnalysis Reports supplied to You for the Permitted Purpose(s) in accordance with this Agreement.
(a) You acknowledge and agree that ElisaAnalysis Reports may comprise information principally supplied by third parties.
(b) ElisaAnalysis Reports are supplied for the Researcher's personal research activities and non commercial use.
(c) ElisaAnalysis Reports are not intended to be a substitute for professional advice and should not be relied upon as the sole basis upon which you do or cease to do anything.
(d) ElisaKit provides no representation or warranty:
(i) that the Services are compatible with any third party equipment, hardware or software;
(ii) in relation to the nature, reliability, accuracy or completeness of any ElisaAnalysis Report, the uses to which the ElisaAnalysis Report may be put, or the quality, volume or frequency of delivery of ElisaAnalysis Reports; or
(iii) that the ElisaAnalysis Reports will include any data supplied by any particular person.
5.4 ElisaAnalysis Report Restrictions:
(a) The Researcher must not:
(i) remove any copyright notice (if any);
(ii) redistribute the ElisaAnalysis Report or provide the ElisaAnalysis Report to any third party except for the Permitted Purpose;
(iii) introduce or use any device, software or routine that interferes or attempts to interfere with the operation of ElisaKit's systems including but not limited to any device intended to unlawfully copy any ElisaAnalysis Data;
(iv) except for the purposes of a temporary cache, create or otherwise produce either directly or indirectly any database which is substantially comprised of all ElisaAnalysis Reports; or
(v) use any ElisaAnalysis Report which ElisaKit advises in writing.
5.5 Reservation of RightsElisaKit reserves all rights in respect of the ElisaAnalysis Data not expressly granted by this Agreement. Except as set out in this Agreement You obtain no right title or interest in the ElisaAnalysis Data.
6. Ownership of Intellectual Property
(a) ElisaKit acknowledges that nothing in this Agreement transfers any right title or interest in the Researcher Data. ElisaKit's rights are as licensee only.
(b) The Parties acknowledge and agree that any intellectual property arising from the Services including the ElisaAnalysis Data will be owned by ElisaKit.
7. Liability and Consequential Loss
(a) To the extent permitted by law, ElisaKit exclude all implied terms and warranties whether statutory or otherwise, relating to the Services and the subject matter of these terms and conditions.
(b) ElisaKit will only be liable to You if:
(i) the law implies a consumer guarantee or other term into these terms and conditions which cannot be excluded and Street News breaches that term but Our liability will, if permitted by law, be limited to one of the following remedies (at our option)
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired
(i) claims arising out of or in connection with these Terms, your access and use of the ElisaAnalysis Platform, any ElisaAnalysis Reports, ElisaAnalysis Data, the products and services advertised or accessible from this Website and all other related services whether arising in contract, tort ( including negligence), indemnity, strict liability, breach of warranty or statute; or
(ii) loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage (Consequential Loss)
(a) Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Victoria, Australia and the parties irrevocably submit to the exclusive jurisdiction of the Courts in that State.