The University of Adelaide ABN 61 249 878 937 of North Terrace, Adelaide SA 5005 (the University) through the Hugo Centre for Migration and Population Research (the 'Hugo Centre'), which incorporates GISCA - The National Centre for Social Applications of GIS), will provide the ARIA Product(s) requested by you (the Client) in the ARIA Order Form in accordance with any terms set out in the Order Form and in these Terms & Conditions.
The ARIA Products comprise a series of Microsoft Excel spreadsheets of the minimum, maximum, and average ARIA values in reference to Australian Bureau of Statistics (ABS) statistical geographies, derived from a 1km grid file of ARIA values covering the whole of Australia. The following ABS statistical geographies had ARIA values calculated:
Statistical Area 1 through to 4;
Postal Areas (POA);
Local Government Areas (LGA);
Commonwealth Electoral Divisions; and
State Electoral Divisions
The ARIA Populated Localities file indicating the raw ARIA scores for the localities used in the creation of the index is also provided, along with supporting data documentation for the named statistical geographies above.
The ARIA Order Form as submitted by you to the Hugo Centre together with these Terms & Conditions constitute the agreement between the University and you in respect of the ordered ARIA Product(s), effective as at the date of submission (the Agreement). Unless otherwise agreed by it in writing, the University rejects any additional or different terms proposed by you whether in the ARIA Order Form or otherwise, and will not be bound by any such term.
The ARIA Product(s) will be provided by email unless you have requested, and the University has agreed, on an alternative delivery method.
All Intellectual Property in the ARIA Product(s) and associated remoteness index product names ARIA, ARIA+, ARIA++ or derivatives thereof, remain with, or vest in, the University.
The University grants to the Client a royalty free, non-exclusive, non-transferable licence to use the ARIA Product(s) specified in the ARIA Order Form for non-commercial education and research purposes, subject to the following conditions:
if an Individual Licence is ordered, the Client may use the relevant ARIA Product(s) on one computer only and may not make the relevant ARIA Product(s) available over any network or via the internet; or
if a Site Licence is ordered, the Client may permit the relevant ARIA Product(s) to be used on its internal network for 2 to 50 unique users, where such users must be employees or individual contractors of the Client and who agree to these terms and conditions prior to using the ARIA product(s); and
ARIA product(s) must not be published or made available to any third party via any means (including electronic or hard copy) without written approval by the Hugo Centre.
The Client must not assign, licence or otherwise dispose of its rights in the ARIA Product(s), grant any security interest in or part with possession of the ARIA Product(s) nor permit any encumbrance over its rights in the ARIA Product(s).
The Client must respect the Moral Rights of the authors in the ARIA Product(s) and in particular will not distort, modify, change, misuse or misinterpret the ARIA Product(s) in a manner that derogates or impugns the author's honour, reputation or right to the integrity of the work.
Each party will keep confidential and only use for the purposes authorised by this Agreement the other party’s confidential information unless written approval is obtained from that other party. Each party may disclose such confidential information to its employees and agents as necessary for the exercise of its rights under this Agreement.
The University respects your privacy and any personal information will only be used to process your order.
Neither party shall use any name, product name or logo of the other party as a consequence of or in connection with this Agreement without the prior written permission of the other party.
The Client must not use the results obtained through its use of any ARIA Product(s) to represent, expressly or implicitly, that the University supports or endorses the Client's business, goods or services. Any publication relating to use of the ARIA Product(s) or results derived from the ARIA Product(s) must reference the University appropriately. A recommended citation using ARIA+ 2016 data is indicated below:
Hugo Centre (2018). Accessibility/Remoteness Index of Australia Plus 2016 (ARIA+ 2016). Adelaide, South Australia: Hugo Centre for Migration and Population Research, the University of Adelaide
Fee and Payment
The Client agrees to pay the Fee and any incidental costs as indicated in the ARIA Order Form when submitted for purchase. The ARIA Product(s) ordered will be supplied by the University upon receipt of a completed ARIA Order Form and an invoice issued for payment following provision of the ARIA Product(s) within 1 to 4 weeks of receipt by the University of the ARIA Order Form.
If GST is payable on any supply by one party to the other party under this Agreement, the amounts payable by the recipient to the supplier and any other consideration (as applicable) will be increased by an additional amount if appropriate. The amount payable in respect of GST is to be calculated by multiplying the Fee or other consideration payable for the relevant supply by the prevailing GST rate. Each party agrees to do all things, including providing invoices or other documents in such form and detail that may be necessary to enable or assist the other party to claim or verify any input tax credit, set off, rebate or refund in relation to any GST payable under this Agreement or in respect of any supply under this Agreement.
The University does not give any warranty in relation to the ARIA Product(s) except to the extent, if any, required by law. To the full extent permitted by the law the University excludes all conditions and warranties relating to the ARIA Product(s).
In so far as liability may not be excluded, to the extent permitted by law, the University’s total liability is limited to re-supply of the ARIA Product(s) or refund of the Fee.
The Client assumes sole responsibility for interpreting and applying the ARIA Product(s) and any results derived from use of the ARIA Product(s) (Results) and releases and indemnifies and agrees to continue to indemnify, the University and its officers, employees, agents and sub-contractors from and against all liability, losses, actions, claims, demands, proceedings, awards, settlements, compensation, damages, costs and expenses, directly or indirectly arising from, or relating to:
the Client's use of, or reliance on, any part of the ARIA Product(s) and any Results or that of any other person to whom the ARIA Product(s) or any Results were provided directly or indirectly by the Client;
breach by the Client of its obligations under this Agreement; or
any wilful, unlawful or negligent act or omission of the Client.
The Client’s liability under the indemnity in this clause 6.3 will be reduced proportionately to the extent that any negligent act or omission of the University or its officers, employees, sub-contractors or agents contributed to the relevant loss or liability.
Each party will maintain appropriate and enforceable insurance policies to cover liability that arises out of, under or pursuant to this Agreement.
The Client agrees that it has not relied on any representation made by the University which has not been stated expressly in this Agreement or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by the University. The Client acknowledges that to the extent the University has made any representation, which is not otherwise expressly stated in this Agreement, the Client has been provided with an opportunity to independently verify the accuracy of that representation.
The University is entitled to seek relief both at law and in equity and remedies including (without limitation) injunctive relief and specific performance in the event of any breach or anticipated breach of this Agreement, without having to prove any actual damage.
If either party commits a breach of this Agreement, the other party may request in writing that the breach be remedied, and if this is not done within 30 days of the request then the other party may terminate this Agreement immediately.
The University will be entitled to immediately terminate this Agreement by written notice to the Client if:
the Client becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration;
the Client, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving;
the Client, being a natural person, dies; or
the Client ceases or threatens to cease conducting its business.
If this Agreement is terminated pursuant to clause 7.2 the University may, in addition to termination of the Agreement:
repossess any of its property in the possession, custody or control of the Client, including any copies of the ARIA Product(s);
retain any moneys paid;
pursue any additional or alternative remedies provided by law.
No party will be responsible for performing an obligation (other than payment) under this Agreement where performance is prevented due to any circumstances beyond the reasonable control of that party. If such circumstances continue beyond 14 days either party may terminate this Agreement.
If there is a dispute between the parties concerning this Agreement the disputing party shall give written notice specifying details of the dispute to the other party.
If the dispute is not settled by agreement within 14 days of service of the notice the dispute will be referred to the Client’s Chief Executive Officer or equivalent or delegate and the Director of the Hugo Centre or delegate, who will attempt to resolve the dispute by formal or informal mediation. If the dispute cannot be resolved within one month of being referred to these representatives, either party may take further action.
Nothing in this clause 9 prevents a party from seeking urgent interlocutory relief.
This Agreement constitutes the entire agreement between the parties, and may only be varied by written agreement signed by both parties.
Should any provision of this Agreement be held by a Court to be unlawful, invalid or unenforceable the validity and enforceability of the remaining provisions shall not be affected.
Neither the University nor any officers, employees or agents of the University shall by virtue of this Agreement be deemed to be employees of the Client.
A waiver by a party in respect of a breach of a provision of this Agreement must be given in writing and will not constitute a waiver of any other breach.
The provisions of Clauses 2.1, 2.3, 2.4, 3, 4, 6, 7.3, 9, 10.5, 10.6 and 11 shall survive and be of full effect after expiry or termination of this Agreement.
This Agreement will be governed by law of State of South Australia and the parties submit to the jurisdiction of the Courts of South Australia.
In this Agreement:
Background Intellectual Property means information, data, techniques, technology, know-how, software and materials, and intellectual property rights therein, that exist prior to the date on which the ARIA Order Form is submitted.
Intellectual Property or IP means patents, plant breeders rights, registered or unregistered trademarks and service marks, registered designs, copyrights, database rights, design rights, confidential information, know-how, applications for any of the above, and any similar right recognised in any jurisdiction, together with all rights of action in relation to the infringement of any of the above.
Moral Rights has the meaning given to that term in Part IX of the Copyright Act 1968 (Cth) and includes:
a right of attribution of authorship;
a right not to have authorship falsely attributed;
a right of integrity of authorship.
Other capitalised terms have the meaning given to them in the ARIA Order Form and clause 1 of these Terms & Conditions.