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NT Health Research and Publications Online Helpguide: Terms & Conditions for submitting journal articles and conference output

Terms and Conditions for submission of Content to NT Health Research and Publications Online

The Northern Territory of Australia, care of its agency, the Department of Health through NT Health Library Services (“NT Health”) maintains and operates a web-based centralised digital repository, NT Health Research and Publications Online, in which it stores and makes available various works via the internet or other electronic means (“NTHRPO”).

By submitting Content to NTHRPO, You confirm that you have read, understood and agree to be bound by these terms and conditions (the “Terms”) and that your Content meets the NTHRPO criteria for inclusion in NTHRPO.

Terms and Conditions

  1. Definitions

In these Terms:

  1. "Content" means any material/data, including but not limited to images, text, audio, or visual recordings contained therein that you are authorised to submit to the NTHRPO, as the author or co-author of the material or with the authority of the author or co-author of the material.
  2. "You" refers to the individual submitting the Content to NTHRPO.
  3. “End-User” means any person who accesses the Content through NTHRPO.
  1. Grant of Licence

You grant to NT Health a free, perpetual world-wide, royalty-free licence to:

  1. use, store, reproduce, adapt, modify (as required for the technical operation of the NTHRPO), publish, distribute and communicate the Content to the public via the NTHRPO;
  2. create and retain copies of the Content for security, back-up, archiving and preservation purposes; and
  3. use the information You submit about the Content (“Metadata”) to promote and provide access to the Content via NTHRPO (the “Licence”).
  1. Representations and Warranties

You represent and warrant that:

  1. You are at least 18 years of age, have the legal capacity to enter into this agreement, and are not impersonating any other person or entity;
  2. You own the copyright in the Content or have the authority of the owner/s of copyright in the Content to deposit the Content in NTHRPO in accordance with these Terms;
  3. You have the right to grant NT Health the Licence under these Terms;
  4. You are, or have been, a researcher or staff member affiliated with NT Health;
  5. the Content is original and the storage, use, reproduction, adaptation, publication, distribution or communication of the Content or Metadata by NT Health in accordance with these Terms, does not:
  1. infringe the intellectual property rights (including copyright, moral rights, trademarks, patents or trade secrets or other intellectual property rights) of any person;
  2. breach any privacy laws, including under the Information Act 2002 (NT) or infringe the privacy, confidentiality or other rights of any person;
  1. breach any applicable laws, including, but not limited to, laws relating to defamation; or
  2. breach any contracts or agreements (such as publishing agreements) to which You or the owners of any copyright in the Content are a party;
  1. the Content is not offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing, or otherwise inappropriate;
  2. to the best of your knowledge, the Content is accurate and not misleading;
  3. If the Content or Metadata contains third-party material, You have:
  1. obtained all necessary permissions to include the material in the Content and/or Metadata to enable the Content and/or Metadata under the Licence; and
  2. clearly identified and acknowledged all third-party content within the Content or the Metadata;
  1. If the Content is based upon work that has been sponsored or funded by an agency or organisation other than NT Health, You have:
  1. fulfilled any contractual or publication obligations (including review processes or embargo requirements) imposed by that organisation; and
  2. disclosed any embargoes or access restrictions at the time of submission of the Content; and
  1. If your Content includes personal information (as that term is defined in the Information Act 2002 (NT), You have anonymised it where appropriate and obtained all necessary consents.
  1. Liability and Indemnity

NT Health shall not be liable for any errors, omissions or legal infringements within the Content or the Metadata. You agree to release, indemnify and hold harmless NT Health from any liability, loss, damages, claims or legal actions or proceedings arising directly or indirectly from:

  1. the publication or use of the Content or Metadata via NTHRPO;
  2. any alleged or actual copyright infringement, defamation, or breach of privacy; and
  3. any third-party disputes related to rights in the Content,

and from any costs and expenses that may be incurred in connection with any such loss, claim, action or proceeding.

  1. Termination

NT Health may terminate the Licence and/or suspend access to the Content, immediately and without notice, if:

  1. a claim is made that the Content contains or describes research that has been falsified or produced as a result of fraudulent or deceptive actions by any person;
  2. a claim is made that the Content or Metadata infringes the legal rights of any third party;
  3. any of the representations or warranties You made in clause 3 are found to be untrue or inaccurate; or
  4. a claim is made that the Content or Metadata contains offensive, defamatory, confidential or culturally sensitive information.
  1. Removal and Retention Policy

6.1    You may request that NT Health remove your Content from NTHRPO at any time. NT Health may also remove the Content at its discretion, including but not limited to cases involving ethical concerns, legal issues, or outdated or superseded research.

6.2    If the Licence is terminated, NT Health:

  1. will remove the Content from the NTHRPO within seven (7) days;
  2. may retain the Metadata and make it publicly accessible; and
  3. retain a copy or copies of the Content for archival or preservation purposes.

  1. Use of Content by End-Users

You acknowledge and agree that:

  1. unless You notify NT Health otherwise in writing, NT Health may authorise End-Users to download, reproduce or use the Content for research, education, and non-commercial purposes;
  2. NT Health may limit bulk downloading or redistribution of Content by End-Users at its discretion; and
  3. NT Health is not responsible for how any End-User use the Content, and is under no obligation to take any action on behalf of You (or on behalf of the copyright owner/s) if an End-User misuses or deals with the Content in a way that is not authorised or that infringes any person’s rights or for any other reason.
  1. No Derogation of Other Rights

These Terms and the Licence granted under clause 2 do not affect or limit any rights available to NT Health (or End-Users) under relevant copyright laws, including, but not limited to, rights to fair dealing, educational use, or statutory exceptions.

  1. Governing Law

These Terms are governed by, and must be interpreted in accordance with the laws of the Northern Territory of Australia.

For any queries regarding these Terms, please contact NT Health Library Services at (08) 8922 8961 or email nthealth.library@nt.gov.au.

Contact us

(08) 8922 8961

Email the library

www.library.health.nt.gov.au