Eye on the Reef
Eye on the Reef
Terms and conditions of participation and use
  • Terms and conditions of participation and use
General

Terms and conditions of participation and use

The Eye on the Reef Program (the Program) is owned and operated by the Commonwealth of Australia as represented by Great Barrier Reef Marine Park Authority (the Reef Authority).

The following Terms and Conditions govern your participation in the Program as well as the use of all images, text and data viewed or downloaded by you from the Program. The Dictionary at clause 9 of these Terms and Conditions explains what certain words and phrases used in these Terms and Conditions mean.

By accessing, using and participating in the Program, you agree to accept and comply with these Terms and Conditions of Participation and Use as well as the Reef Authority’s Privacy Policy and Copyright Policy.

  1. Use of images, text and data

    1. All images, text and downloadable data are copyright © Commonwealth of Australia unless otherwise stated, in which case the copyright belongs to the respective authors or data originators as indicated.
    2. Unless otherwise marked, all images, text and downloadable data are licensed under a Creative Commons Attribution licence (CC BY 4.0). This licence lets others distribute, remix and build upon a work, even commercially, as long as they credit the original creator (and any other nominated parties). Each of the Reef Authority’s datasets has a metadata record that provides an appropriate citation to use. See the Reef Authority’s Copyright Policy for further details.
    3. Publicly-released data files may be downloaded directly by you without an account with the Program. A login is required for some of the Program web applications that extract data on demand from our databases, and is also required to gain access to restricted data sets or for administrative functions.
    4. The Reef Authority accepts no responsibility for the completeness or accuracy of the images, text and downloadable data included in the Program.
    5. You consent to your name, organisation, e-mail address and contact phone number being recorded and acknowledge that downloads are monitored and statistics generated by the Reef Authority. You consent to the possibility that the Reef Authority may contact you regarding your use of downloaded data. Further information on the Reef Authority’s collection of your Personal Information can be found in Section 5 of this document.
    6. If you have any questions about data sharing or wish to make a data sharing request please contact the Eye on the Reef Coordinator using the following details:
      Eye on the Reef Coordinator
      Great Barrier Reef Marine Park Authority
      Phone: Townsville Head Office: + 61 7 4750 0700
      Fax: Townsville Head Office: + 61 7 4772 6093
      Postal address: Townsville Head Office
      280 Flinders Street
      PO Box 1379
      Townsville QLD 4810
      AUSTRALIA
      Email: eyeonthereef@gbrmpa.gov.au

  2. Participation in the Eye on the Reef Program

    1. Your participation in the Program is voluntary and does not in any way create an employment, contractor, volunteer, agent or other relationship between you and the Reef Authority. Participation in the Program includes, but is not limited to, the submission of Material, participation in online training courses and attendance at events run by the Reef Authority.
    2. You must be over the age of 18 years to participate in the Program. By proceeding to participate in the Program you confirm that you are over 18 years of age and therefore eligible to participate.
    3. You must only use the Program for lawful and authorised purposes. Your storage, transmission or distribution of any Material in violation of any of the laws of the Commonwealth of Australia or any State or Territory of Australia is prohibited.
    4. You accept responsibility for:
      1. maintaining the confidentiality of any account information including usernames, logins, passwords, and security questions and answers that you use to access any page or feature of the Program;
      2. all activities occurring under your accounts, usernames, logins, passwords and security questions and answers including that which may result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures; and
      3. promptly reporting any suspicious or unauthorised conduct concerning your accounts, usernames, logins passwords, or security questions and answers to the Reef Authority when you become aware of it.

  3. Copyright in your Material

    1. By submitting Material to the Reef Authority through the Program, you warrant that you are the owner of the Intellectual Property Rights in the Material.
    2. You agree not to submit Material that is abusive, defamatory, obscene, offensive, discriminatory, insulting, illegal or a violation of copyright, intellectual property law or any other laws.
    3. In relation to Material that you submit to the Reef Authority through the Program, you grant to the Reef Authority a permanent, irrevocable, royalty-free, world-wide, non-exclusive licence to exercise the Intellectual Property Rights in the Material for any purpose. This includes, but is not limited to, the right to publish the Material on the Reef Authority’s website, e-newsletter, Facebook page and YouTube channel (but note: the Reef Authority is under no obligation to do so).
    4. If you believe that Material available on the Reef Authority Website, or published by the Reef Authority elsewhere, infringes Australian law, you agree to use the takedown request on the Reef Authority Website (www.gbrmpa.gov.au), or to notify the Eye on the Reef Coordinator of the purported infringement at the details listed in clause 1.6.

  4. Images and Voice Recordings of People

    1. If you submit Material to the Reef Authority that contains a photograph, film or voice recording of a person, you warrant that you have obtained the consent of the person (or the person's legal guardian where the person is aged under 18 years) for the Reef Authority to publish their photograph, film or voice recording (including, but not limited to on the Program website, Reef Authority’s website, e-newsletter, Facebook page and YouTube channel) and keep their photograph, film or voice recording for future use in accordance with the Reef Authority’s Privacy Policy.

  5. Personal Information

    1. Personal Information that the Reef Authority collects from you for the purposes of the Program is protected by the Privacy Act.
    2. By submitting Material to the Reef Authority through the Program, you agree to provide your name, telephone number and email address. If we decide to publish Material that you have submitted through the Program, we will also publish your name so that you may be attributed as the author. Your email address will be used to verify your identity. We may use your telephone number or email address to contact you if we need to discuss the Material you submit to us.
    3. Publicly available Material on the Program website or the Reef Authority’s website is accessible by the general public, including by users who do not live in Australia. If publicly available Material uploaded by you to the Program website and/or shared to the Reef Authority’s website includes Personal Information (such as your name), you acknowledge that Personal Information is being accessed by parties located overseas who are not bound by the Privacy Act.
    4. The Reef Authority will store your name, telephone number and email address in its contacts database. Information stored in the Reef Authority’s contacts database can only be accessed by officers of the Reef Authority and the Queensland Parks and Wildlife Service (QPWS) and may be used in the future to contact you about issues relating to the Marine Park.
    5. The Reef Authority may use your Personal Information to produce statistical data that may identify you personally for the purpose of developing a better understanding of the range of users of the Marine Park that assist in marine monitoring. This statistical data will be used internally by the Reef Authority, and may be provided to QPWS.
    6. You may withdraw your consent to your Personal Information being included on the contacts database, and to statistical data being provided to QPWS, at any time by deleting your profile.
    7. The Reef Authority will not disclose your Personal Information to any third party (apart from the disclosures to QPWS contemplated above) without your consent, unless otherwise authorised by law. However, the Reef Authority may use your Personal Information to produce aggregated, de-identified data for statistical purposes and this data may be made publicly available. Such data will not allow you to be personally identified in any way.
    8. If the Reef Authority is unable to collect your Personal Information, it may not be able to verify, use and publish Material provided by you.
    9. If the details that you have provided to us change, you agree to update your profile accordingly so that we can ensure our records are kept up to date and accurate.
    10. The Reef Authority’s Privacy Policy at https://www.gbrmpa.gov.au/home/privacy contains information about how you may access and seek correction of your Personal Information and about how you may submit a complaint to the Reef Authority about a breach of the Privacy Act.
    11. More information on privacy and the Privacy Act is available from the Office of the Australian Information Commissioner www.oaic.gov.au.

  6. Disclaimer

    1. The Reef Authority does not warrant, guarantee or make any representation that:
      1. the software hosting the Program, or the servers that make the site available on the internet are free of software viruses;
      2. the functions contained in any part of the software hosting the Program will operate without interruption or are error-free; and
      3. errors and defects in the Program will be corrected.
    2. You agree that:
      1. you have chosen to participate in the Program for the purpose of collecting Reef health data and shall be solely responsible for your safety if and when performing any activity either directly or indirectly associated with the Program;
      2. participation in the Program does not obligate you to collect Material by SCUBA diving, swimming or snorkelling;
      3. SCUBA diving, swimming and snorkelling are inherently risky activities;
      4. you expressly assume all risks associated with these activities that you choose to participate in while collecting Material and acknowledge that you are not in any way affiliated with the Reef Authority and the Program while collecting Material in this way;
      5. you release the Reef Authority and its officers, employees and agents from all liability of any kind for all claims of any kind including, without limitation, claims for personal injury (including death), accident or illness and property loss or damage arising in any way, either directly or indirectly, from or related to your participation in the Program, whether that liability arises from the Reef Authority’s negligence or otherwise;
      6. should you provide any forms, information or Material in any way associated with the Program to any third party such that the third party then participates in any way, either directly or indirectly, in the Program you will inform any third party of these Conditions of Participation and Use and will specifically advise any third party that their participation is voluntary and is at their own risk; and
      7. you have read this agreement, fully understand its terms and understand that you are giving up your potential rights including any right to sue.
    3. You acknowledge that you agree to all of these Terms and Conditions freely and voluntarily and intend your acceptance of them and/or your involvement in any way in or with the Program to confirm your provision of a complete and unconditional release of the Reef Authority from all liability, in accordance with this clause 6, to the greatest extent allowed by law.

  7. Termination or Suspension of Access

    1. The Reef Authority may terminate or suspend your access to the Program immediately, without prior notice, for any reason including (without limitation) if you breach these Terms and Conditions. We may immediately deactivate or delete your account and all the related files and information in your account. After your account has been terminated, the content you have posted may also remain indefinitely.
    2. If you want to terminate your own account, please contact the Eye on the Reef Coordinator at the details listed in clause 1.6.

  8. Alteration of Terms and Conditions

    1. The Reef Authority may, at any time, and at the Reef Authority’s absolute discretion, vary these Terms and Conditions by making available a varied copy of these Terms and Conditions on the Eye on the Reef website. If you continue to use the Program following a change to the Terms and Conditions you are deemed to have accepted the new Terms and Conditions.

  9. Definitions

    1. “Eye on the Reef Program” or “Program” includes the Sightings Network, Rapid Monitoring, Tourism Weekly Monitoring and the Reef Health & Impact Surveys. These are programs established by the Reef Authority for the purpose of allowing stakeholders and members of the public to participate in Reef health monitoring and assessment of coral reefs within the Great Barrier Reef.
    2. “Marine Park” means the Great Barrier Reef Marine Park established by the Great Barrier Reef Marine Park Act 1975.
    3. “Intellectual Property Rights” means all intellectual property rights which may subsist in Australia or elsewhere, whether or not they are registered or capable of being registered.
    4. “Material” includes but is not limited to photographs, cinematograph films, sound recordings, observations, artistic works and data.
    5. “Personal Information” has the meaning provided under the Privacy Act 1988 (Cth) and includes but is not limited to your name, email address and phone number.
    6. “Reef Authority” means the Great Barrier Reef Marine Park Authority.