Terms and conditions

University of Wollongong ePortfolio – User Terms

These Terms of Use contain important information, including disclaimers and limitations of liability.

1. Your acceptance

The University of Wollongong (UOW) ePortfolio Platform (UOW ePortfolio) is an online platform which allows UOW staff and students to establish their own profiles for the purposes of uploading and showcasing their information and their work (Content).

As a person accessing and contributing to the ePortfolio you are, subject to the privacy and security settings of individual users, able to access and view the ePortfolio profiles of other users, comment and make other contributions (Contributions) on user profiles and Content.

These Terms govern your access and use of the UOW ePortfolio as a user with a profile and, in consideration for UOW providing you with access to and use of the UOW ePortfolio, you agree to be bound by them by [clicking 'accept' below].  UOW may modify these Terms from time to time without notice to you and any such amendments will be effective immediately upon their posting to the UOW ePortfolio.  It is your responsibility to check the UOW ePortfolio regularly for updated versions of the Terms.  Your continued use of the UOW ePortfolio represents your agreement to be bound by the amended Terms.

2. UOW policies

You agree that you have read and will comply with all UOW policies (as updated from time to time) when accessing and using the UOW ePortfolio, including the Authorship, Copyright, Privacy, Intellectual Property, IT Acceptable Use  and Use of the University Name in Public Statements policies.

3. Privacy

You acknowledge that any Content or information you upload onto the UOW ePortfolio may be able to be viewed by other users of the UOW ePortfolio and members of the general public and it is your responsibility to set appropriate privacy and security settings.  Subject to the foregoing, UOW will handle any personal information you provide when using the UOW ePortfolio in accordance with its Privacy Policy located at http://www.uow.edu.au/about/policy/alphalisting/UOW038289.html, as updated from time to time.

Your Content or Contributions may be available to other users of the ePortfolio. UOW accepts no responsibility for third party use of your Content or Contributions.

4. Access and Use

The UOW ePortfolio is deemed to be an "IT facility" for the purposes of the UOW IT Acceptable Use Policy.  In addition to your obligations under that policy and other UOW policies, you acknowledge and agree that you are solely responsible for the information and Contributions and Content you upload onto the UOW ePortfolio.  You must not engage in any inappropriate or offensive behaviour or communicate any defamatory, obscene, misleading, deceptive or unlawful material, or otherwise use the UOW ePortfolio in a manner which is unlawful or which may infringe the rights of another person, including any intellectual property rights or privacy rights.  You must also ensure you do not upload any virus, trojan horse, worm, malicious code or other harmful or disruptive component onto the UOW ePortfolio or any other UOW IT facilities.

Other than uploading your Content onto, or downloading copies of your Content from, the UOW ePortfolio and making Contributions to user’s UOW ePortfolio profiles, you may not download (other than page caching) or modify the UOW ePortfolio or any portion of it in any way.

You acknowledge that UOW, and not individual UOW employees, own the intellectual property rights in any Administration Material, and, with some exceptions, in most other material developed by a UOW staff member during the course of their employment at UOW. You may not upload any UOW Administration Materials to the UOW ePortfolio. Administration Materials includes any material or documentation in any format (such as policies, procedures, business plans, contracts, subject outlines, course outlines, course handouts, examination documents, funding applications, reports, promotional brochures, performance evaluation, marketing and legal services).

5. Your Content

You grant UOW a non-exclusive, royalty free licence to use, store, review and manage the information, Content and any Contributions you provide in connection with your use of the UOW ePortfolio and communicate it to other users and the general public via the Internet.  You warrant and represent that you have the right to grant this licence and that no information, Contributions or Content you upload will infringe the intellectual property rights of any third party. 

It is your responsibility to ensure you maintain a copy of any data or Content you upload onto the UOW ePortfolio.

6. UOW's rights

UOW is not obliged to, but may, monitor and moderate your use of the UOW ePortfolio. You acknowledge and agree that if you fail to comply with your obligations in these Terms, UOW may, in addition to exercising any other rights available to it under its policies or at law, edit or remove any infringing material from your profile, or suspend or terminate your access to and use of the UOW UOW ePortfolio.  UOW reserves the right to terminate your access to and use of the UOW ePortfolio if, at any time, you cease to be a staff member or student of UOW.

7. No warranties

To the extent permitted by law, UOW makes no warranties or representations of any kind, whether express or implied, in relation to the UOW ePortfolio, including but not limited to any warranties or representations in relation to the operation, timeliness or availability of the UOW ePortfolio, its merchantability or fitness for a particular purpose or it not being subject to unauthorised access or use. 

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement. Where the liability of UOW and the liability of its directors, employees, agents and contractors (UOW Employees) cannot be lawfully excluded, UOW's and UOW Employees' liability in respect of any non-excludable warranties or conditions will be limited to, at UOW's discretion, either re-supplying, or paying the cost of re-supplying, access to the UOW ePortfolio to you.

8. Limitation of Liability

You acknowledge and agree that you use the UOW ePortfolio at your sole risk.  The maximum aggregate liability of UOW and UOW Employees for all proven losses, damages and claims, costs or expenses whatsoever arising out of or in connection with these Terms or the UOW ePortfolio, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to $1.

UOW and UOW Employees are not liable to you or to any other person for any indirect, incidental, special or consequential loss or damage, or any loss of profits or anticipated profits, economic loss, loss of business opportunity, loss or corruption of data, Contributions or Content, arising out of or in connection with these Terms or the UOW ePortfolio, irrespective of whether:

(a)          the loss or damage is caused by or relates to breach of contract, statute, tort (including negligence) or otherwise; or

(b)          UOW or any other person was previously notified of the possibility of the loss or damage.

9. Indemnity

You indemnify and must keep indemnified UOW and the UOW Employees against all claims, liabilities, losses, damages, costs and expenses (including legal costs on a full indemnity basis) that may be brought against UOW or which UOW may pay, sustain or incur as a direct or indirect result of any breach of these Terms by you, your use of the UOW ePortfolio, or any claim that your Content or UOW exercising any rights granted to it in respect of your Contributions or Content infringes the intellectual property rights of any third party.

10. Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.