Terms of Service

Please read these terms and conditions carefully before using this site.

This website https://smhs.researchscreener.com (Site) is operated by Curtin University (ABN 99 143 842 569) a body corporate established under the Curtin University Act 1966 of Kent Street, Bentley, Western Australia, 6102 (Curtin, we or us).

These Terms cover and govern your use and access to this Site and the software service made available to you on this Site (Service). We may amend these Terms at any time.

In these Terms, you means each person who accesses the Site.

What happens when you access the Site?

By using the Site, you agree to accept:

  1. these Terms and be bound by them; and
  2. Curtin’s personally identifiable information collection and use practices as set out in Curtin’s Privacy Statement available at https://informationmanagement.curtin.edu.au/local/docs/PrivacyStatement.pdf.

If you do not agree, you should not and must not access the Site or become a User.

Changes to the Site

We may change or update the Site or the Service but will try to give you reasonable notice of any major changes before we make them. We will not make any changes that would intentionally cause you to lose access to your Review Data or fundamentally decrease your ability to use the Site or the Service.

We do not guarantee that the Site, the Service or their contents, will be available or uninterrupted. We may suspend, withdraw or restrict availability of all or part of the Site or Service but will try to give you reasonable notice before we do so.

Registration

To become a User, you must register by providing a valid email address, password and other information we request (User Information). You warrant that all User Information is accurate and that you will keep your User Information current.

We may disable any User at any time, if in our reasonable opinion you have breached these Terms.

Confidentiality of User Information

Your User Information used to access the Site or Services is confidential and you must not disclose it to anyone. If anyone accesses the Site or uses the Services using your User Information, you are responsible and liable for that access or use.

If you know or suspect that the confidentiality of your User Information has been compromised, you must tell us promptly by emailing info@researchscreener.com.

Appropriate use of the Site and Service

You must:

  1. Use the Site and Service responsibly and not misuse them or assist anyone else to do so. This includes (but is not limited to) not doing or trying to do any of the following in connection with the Site or Service:
    • copy, recreate, modify, translate, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site or Service or any source or object code in them;
    • harm, threaten or impersonate anyone or violate their rights;
    • breach or otherwise circumvent any security or authentication measures or access, tamper with, or use any part of the Site that you are not authorised to use;
    • probe, scan, or test the vulnerability of any system or network;
    • interfere with or disrupt the integrity or performance of the Site;
    • attempt to gain unauthorized access to the Site, its related systems or networks;
    • introduce viruses, trojans, worms, logic bombs, spyware, or malicious code into the Site;
    • access, search, or create accounts for the Site by any means other than our publicly supported interfaces (including “scraping” or creating accounts in bulk);
    • send unsolicited communications or spam or altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
    • promote or advertise products or services;
    • sell or re-sell the Site or copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Service unless specifically authorized to do so;
    • violate the law in any way, including by storing, publishing or sharing material that is infringing, fraudulent, defamatory, misleading or damaging to Curtin or any third party.
  2. Not copy, reproduce, create derivative works of, decompile, upload, download, share, or otherwise exploit third party content unless you have the right to do so.

If we suspect any breach of this clause, we may suspend your access to the Site immediately, remove content from the Site and pursue any other remedies. Curtin may review your conduct and content for compliance with these Terms and remove content from the Service at any time and without notice but is not obliged to do so.

Curtin is not responsible for the content that anyone uploads and / or shares via the Site or Service.

Fees

When you register as a User you agree to pay the fees specified on the Site in advance by a payment method accepted by Curtin. The stated fees exclude all taxes, duties and charges and Curtin will increase the amount by the cost of any duties, taxes and charges.

Curtin will not charge you any fees:

  1. If you are participating in a free trial; or
  2. If you are part of an organisation (such as a University) which is already registered with Curtin to pay the fees for you to access the Service.

You are not entitled to any refund of fees unless required by law.

Curtin may change the fees payable at any time.

Upgrading access

Curtin may charge different fee amounts depending on the term for which you want to access the Service or the number of reviews you want to complete using the Service.

You can choose to upgrade the type of Service you can access on the Site.

Uploading content

Abstract Data means data which you upload or input into the Site, but does not include derivative data, such as analytics.

You are responsible for Abstract Data

If you use the Service to upload content to the Site, you are responsible for the accuracy, quality and legality of any of that content. You undertake that any content or Abstract Data:

  1. is yours or is obtained from an open access database which allows you to access and use the content freely and that you have all necessary rights, power and authority to use the Service and share your Abstract Data;
  2. does not infringe the rights of any third party, and
  3. complies with these Terms.

If you breach that undertaking, you will be liable to us and must indemnify us for any loss or damage we suffer because of your breach.

We accept no liability for the content of Abstract Data. We may prevent the publication of Abstract Data where we believe publication might breach the rights of any third party or otherwise be unlawful. We may disclose your identity to any third party who claims that any content posted or uploaded by you to the Site violates their rights or is unlawful.

Input and Output

Curtin gives no undertaking that the input and output formats to transfer data in and out of the Site are appropriate for your needs or will be available when required. You are solely responsible for the regular export of your Abstract Data as a backup.

Our rights to use your Abstract Data

You retain all of your ownership rights in your Abstract Data (acknowledging that you do not have any ownership in data obtained from an open access databases), but where you have ownership, you grant to us a perpetual, royalty-free and worldwide license to use, copy, modify and distribute Abstract Data (not including your personal information) for non-commercial purposes, including:

  1. to provide the Service to you and other users, and to support, enhance and develop the Service;
  2. making Abstract Data available for non-commercial purposes; and
  3. aggregating and incorporating Abstract Data as part of new data sets, and making those data sets available for non-commercial purposes, including the development of machine learning models.

Privacy & Data Security

Curtin collects, uses and discloses personal information only in accordance with our Privacy Statement.

You acknowledge and agree that:

  1. The Site may use cookies. You are responsible for controlling your browser’s settings with respect to cookies.
  2. You must not do anything to prejudice the security or privacy of our systems or the information on them.
  3. Hosting data online involves risks of unauthorized disclosure or exposure and that, in accessing and using the Site, you assume such risks. We offer no representation, warranty, or guarantee that your data will not be exposed or disclosed through errors or the actions of third parties.
  4. We do not warrant that we are able to backup or recover specific Abstract Data.

Curtin owns the Site and Service

The Site and Service is protected by copyright, trademark and other Australian and foreign laws. Curtin reserves all these rights. You must not remove or destroy any copyright notices or other proprietary markings contained on or in the Site or Service. Curtin does not grant you any right, title, or interest in the Site or Service or others’ content. Curtin may use your feedback without any obligation to you.

All content (with the exception of Abstract Data) is Curtin’s intellectual property, including any source code, analytics, insights, aggregations, ideas, enhancements, feature requests, suggestions or other information provided by you or any other party with respect to the Site.

Curtin will respond to allegations of infringement of intellectual property rights after receipt of a proper notice that complies with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Curtin may also take any appropriate action if it receives a proper counter notice under the law.

No guarantee of Site content

Curtin and its affiliates, suppliers and partners disclaim all warranties, conditions or representations, either express or implied, about the Service. The Service is provided “as is.” In addition, Curtin disclaims any warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. Any content that you download or access from the Service is accessed at your own risk and you acknowledge that you do so without any reliance on any representation by Curtin (express or implied) that the content on the Site is accurate, complete or up to date.

Third party links

The Site or Service may contain links to third-party websites or resources that are not under Curtin’s control. Curtin is not responsible for those websites and their inclusion should not be interpreted as approval by Curtin of those websites or information from them.

Security

Curtin does not guarantee that the Site will be secure or free from bugs or viruses.

You must configure your own information technology, computer programmes and platform to access the Site and should use your own virus protection software.

Linking to the Site

You may contact us to request to include a link to the Site’s home page on a website that is owned by you. We reserve the right to deny your request or to withdraw linking permission without notice. Any link you provide must be included in a way that is fair and legal and does not damage our reputation or take advantage of it. Your link must not suggest any form of association, approval or endorsement by Curtin where none exists.

Termination & Right to Suspend

You can stop using the Service at any time.

Curtin reserves the right to suspend or end the Service at any time at our discretion and without notice.

All parts of these Terms which by their nature should survive, will survive termination of the Service.

Exclusions and limitations

You acknowledge and agree that:

  1. You use the Site at your own risk.
  2. Curtin is not responsible for the activities of any user of the Site.
  3. Access to and use of the Site depends on third-party services, including those who provide by financial services, credit card or BPay, telecommunications services, hosting services, email services and analytics services. Curtin is not responsible or liable for interruptions to the availability of the Site due to third-party services; or information contained on any linked third party website.
  4. Any conditions, warranties or other terms which are not stated in these terms or which might be implied or incorporated into these terms or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the fullest extent allowed by law, including any implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
  5. In no circumstances will we be liable for, and you expressly absolve and release us from, any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of the Site (or inability to use the Site) whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage or loss.
  6. Curtin will not be liable for the loss or failure to store any Abstract Data.

Consumer Protection Laws

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:

  1. the re-supply of services or payment of the cost of re-supply of services; or
  2. the replacement or repair of goods or payment of the cost of replacement or repair.

Which country's laws apply to any disputes?

These Terms and Conditions and your use of the Service will be interpreted, governed and construed by the laws of Western Australia and you submit to the exclusive jurisdiction of the courts there.

Variations

Curtin may revise these Terms from time to time. If a revision meaningfully reduces your rights, we will provide notice to you (by, for example, sending a message to the email address associated with your account). By continuing to use or access the Service after the revisions come into effect, you agree to be bound by and subject to the revised Terms.

Notices

For any notices relating to these Terms and Conditions, you may contact Curtin by sending an email to researchscreener@curtin.edu.au.