APHIRM Terms of Use

Terms: La Trobe University, ABN 64 804 735 113 (LTU), through its Centre for Ergonomics and Human Factors, publishes and makes available to you in accordance with these terms of use (Terms) a web platform and toolkit known as APHIRM (APHIRM). Your use of APHIRM constitutes your acceptance of these Terms and you warrant to LTU that you are authorised to enter into these Terms. If you do not agree to the Terms you must cease using APHIRM.
APHIRM Licence: LTU grants to you a limited, personal, non-transferable, revocable licence to access and use APHIRM on devices owned or controlled by you for the purpose of using and implementing the APHIRM toolkit which includes conducting and participating in surveys relating to workplace occupational health and safety risk management practice and procedures. You acknowledge that LTU makes APHIRM available for use as a free platform, but that the successful use of APHIRM may require additional training, analytical or consulting services to be supplied by LTU to you. Such additional services will be supplied by separate written agreement between you and LTU and are outside the scope of these Terms.
Your Content: You acknowledge that in order for you to successfully use and obtain results from APHIRM, you must submit information and data into APHIRM, including but not limited to your registration and user information and any individual employee survey data submitted by or on behalf of you or your organisation (Content). You must only submit Content into APHIRM if you are the owner of or have all necessary consents and licences to do so in accordance with all applicable laws, including copyright and privacy laws. By submitting Content to APHIRM, you represent and warrant that you are the owner of or have all necessary consents and licences to submit that Content in accordance with these Terms and that LTU’s use of such Content will not infringe the copyright, privacy or other right of any person.
Content Licence: You grant to LTU a perpetual, royalty-free, worldwide licence (including the right to sublicense) to use the Content for the purposes of administering and improving APHIRM, supplying goods or services to you in relation to APHIRM, and for LTU’s ongoing research and educational purposes.
Privacy: LTU handles personal information in accordance with LTU’s Privacy Policy and Procedure a copy of which is available at: www.latrobe.edu.au/privacy or by contacting the APHIRM team at aphirm.toolkit@latrobe.edu.au or LTU’s Privacy Officer at privacy@latrobe.edu.au. You consent to LTU (or a third party authorised by LTU, including any third party hosting or other service providers engaged by LTU), using any personal information supplied by or on your behalf to LTU, including any personal information in your Content, for the primary purposes of administering and supplying goods or services to you in relation to APHIRM. You consent to LTU using de-identified data and other information generated from use of the Content for LTU’s ongoing research and educational purpose. If you include any personal information of any third party in your Content, you must obtain any consents as required by law from that party for these purposes. You acknowledge and agree that LTU may retain de-identified information and other data generated from your Content. Where required by law, LTU may retain a secure copy of your Content for archival and record keeping purposes.
Acceptable use: You must not submit to APHIRM any Content, nor use APHIRM in any other manner, that:
- infringes the copyright, moral right or other intellectual property right of any person;
- infringes the privacy or other right of any person;
- is defamatory, offensive, false, misleading, abusive or obscene;
- is confidential or commercially sensitive or you do not have permission to disseminate
- introduces any virus, malicious or harmful code or attempts to gain unauthorised access
- otherwise violates any laws or breaches these Terms; or
- permits any third party to do any of those acts above.
Suspension: LTU may at any time (without notice and for any reason) remove or suspend access to APHIRM or your Content, including for the purpose of carries out any updates or maintenance to APHIRM, where LTU ceases to publish or make available APHIRM or any part of APHIRM, or where LTU suspects APHIRM or any Content may infringe the intellectual property or any other right of any person, violate any laws or you may otherwise be in breach of these Terms.
Disclaimer: LTU provides APHIRM "as is" and you acknowledge and agree that you use and submit your Content to APHIRM and use any outputs generated by APHIRM platform at your own risk. LTU does not guarantee uninterrupted use or accessibility of APHIRM or any Content and, to the extent permitted by law, all warranties in respect of APHIRM, whether express, implied, statutory or otherwise, are excluded. To the extent permitted by law, LTU accepts no responsibility or liability for any loss, cost, expense to you or any third party arising from your use of APHIRM or any outputs nor for any unavailability, loss, corruption, unauthorised access to or misuse of any Content. Your sole remedy in respect of any such loss or liability is to cease using APHIRM. It is your responsibility to ensure you have backups of your Content and any outputs. To the extent such warranties or liability cannot be excluded by law in relation to any goods or services supplied under this agreement, liability is limited at LTU’s option to supplying, or the cost of supplying, the relevant goods or services again.
APHIRM ownership: Ownership of intellectual property rights in APHIRM, including all software, content, images, data, tools, methodologies, algorithms, code, documentation, analytics, enhancements, modifications, trademarks, logos, or any other content in APHIRM (other than your Content), together with any materials, information or other data generated by or on behalf of LTU from your Content, vests and remains vested in LTU. You must not, directly or indirectly, copy, recreate, imitate, resell, transfer, modify, decompile, reverse engineer or distribute to any other person APHIRM or its content, in whole or in part, nor permit any person to do so.
Changes: LTU reserves the right to update or modify APHIRM or amend any of these Terms at any time in its sole discretion, by publishing such changes on or through APHIRM. LTU may also elect to advise you of such changes from time to time in writing. If you do not agree these changes, you must cease using APHIRM. Your continued use of APHIRM constitutes your acceptance of these changes.
Governing law: These Terms are governed by the laws of the State of Victoria, Australia and each party submits to the exclusive jurisdiction of the courts of Victoria, Australia in relation to any matter arising from your use of the APHIRM or these Terms.
Contact: Any questions or issues arising in relation to APHIRM or these Terms should be directed to: aphirm.toolkit@latrobe.edu.au