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1
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General
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| 1.1 |
These Terms of Use, and:
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1.1.1 any applicable policies and guidelines about Digital Earth Africa that are made available to you, including the Digital Earth Africa Community Code of Conduct; and
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1.1.2 updates to those policies and guidelines, from time to time,
are agreements (Terms) between you and Digital Earth Africa.
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1.2
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These Terms govern the use of the Digital Earth Africa Learning Platform (Platform).
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1.3
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By using the Platform you will be taken to accept and agree to be legally bound by the Terms.
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1.4
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If you are using the Platform on behalf of a company, organisation or other legal entity, you:
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1.4.1are agreeing to these Terms on your own behalf and on behalf of that entity; and
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1.4.2are representing and warranting to Digital Earth Africa that you have full authority to accept and agree to these Terms for such entity, in which case the terms “you,” “your” or related terms herein shall refer both to you and to that entity on behalf of which you are using the Platform. If you do not have such authority, you must not use the Platform as a representative of that entity.
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1.5
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If you do not understand or do not wish to be bound by the Terms, you must not use the Platform.
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3.
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Use of the Platform
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3.1
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You must use the Platform solely for your own learning purposes and you must not use the Platform for any other purpose, including any purpose that is prevented by the Terms.
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3.2
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You must use the appropriate authentication system of which we notify you (if any) in order to access the Platform. |
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3.3
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You must maintain the confidentiality of all account information including user names, logins, passwords, and security questions and answers that you use to access any page or feature of the Platform.
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| 3.4 |
You must monitor, control and take responsibility for all activities occurring by use of your account, user name, login, password, and security questions and answers. You will be held responsible for any activities which may result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures.
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| 3.5 |
You must access and read all notices and information provided by us in relation to the Platform.
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3.6
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You must promptly report to us any suspicious or unauthorised conduct concerning your accounts, user names, logins, passwords, or security questions and answers as soon as you become aware of any such conduct.
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3.7
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You will be responsible for any damage to your computer, systems or software caused by your use of the Platform, including by any virus (irrespective of the origin of the virus) arising from your use of the Platform.
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3.8
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You must log off from your account when you finish using the Platform.
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3.9
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You must:
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3.9.1 only use the Platform for lawful and authorised purposes; and
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3.9.2 not use, store or distribute any material contained on the Platform in violation of laws of the Commonwealth of Australia or any State or Territory of Australia.
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4.
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Compliance and Rules of Conduct
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| 4.1 |
You are responsible for your own use of the Platform and for your User Postings. “User Postings” means all content submitted, posted, published, or distributed on the Platform by you or other users of the Platform, including but not limited to all forum posts. |
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4.2
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You must comply with all applicable laws, regulations, and third party rights (including, without limitation, laws regarding the import or export of data or software, privacy, copyright, and local laws). As a condition of using the Platform, you must not use the Platform in any manner intended to:
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4.4.1 damage, disable, overburden, or impair any Digital Earth Africa server or the network(s) connected to any Digital Earth Africa server; or
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4.2.2 interfere with any other party’s use and enjoyment of the Platform.
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4.3
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You must not attempt to gain unauthorised access to the Platform, other accounts, computer systems, or networks connected to any server used by Digital Earth Africa or its suppliers to provision the Platform, through hacking, password mining or any other means.
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4.4
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You must not obtain or attempt to obtain any materials or information stored on the Platform, its servers, or associated computers through any means not intentionally made available through the Platform.
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5.
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Strictly Prohibited Items
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5.1
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You must not:
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5.1.1 use the Platform to encourage or promote illegal activity or violation of third-party rights;
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5.1.2 use the Platform with the intent of misleading others or to promote any intentionally inaccurate information;
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5.1.3 violate any other terms of service with Digital Earth Africa; or
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5.1.4 misrepresent or mask your identity in connection with use of the Platform.
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5.2
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You must not make available on the Platform:
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5.2.1 content that defames, harasses or threatens others;
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5.2.2 content that discusses illegal activities with the intent to commit them;
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5.2.3 content that infringes another party’s intellectual property, including but not limited to copyright or trade marks;
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5.2.4 profane, pornographic, obscene, indecent or unlawful content;
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5.2.5 advertising or any form of commercial solicitation;
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5.2.6 content that contains intentionally inaccurate information or that is posted with the intent of misleading others,
(this list, collectively, Strictly Prohibited Items ).
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5.3
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You must not submit, post, publish, share, or otherwise distribute any of the Strictly Prohibited Items on or via the Platform.
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6.
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Ownership
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6.1
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You acknowledge and agree that the intellectual property rights in all content on the Platform (other than User Postings) is owned or licensed by Digital Earth Africa. The Platform is protected by copyright, trade mark and other laws in Australia or elsewhere. All rights in the Platform, if not expressly granted, are reserved.
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6.2
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By using the Platform, you do not acquire ownership of any intellectual property in the Platform. You must not claim or attempt to claim ownership of the intellectual property in the Platform or misrepresent yourself, or your company or organisation, as being the source of any content on the Platform.
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6.3
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You must not modify, create derivative works of, or attempt to use, license, or in any way exploit the Platform in whole or in part on your own behalf or on behalf of any third party.
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6.4
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All names, logos, icons or seals that appear on the Platform are the property of their respective owners. All intellectual property rights comprised in or derived from the Platform, including any copyright comprised in the Platform itself or arising due to the provision of services by Digital Earth Africa via the Platform are owned by Digital Earth Africa or relevant third party owners. You must not remove, alter, or obscure any copyright, trade mark or other proprietary rights notices that appear on the Platform. You must not scrape, or otherwise download in bulk, any Platform content.
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7.
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User Postings
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User Postings Representations and Warranties
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7.1
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By submitting or distributing your User Postings, you affirm, represent and warrant that:
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7.1.1 you have the necessary rights, licences, consents and/or permissions to reproduce and publish the User Postings and to authorise Digital Earth Africa to reproduce, modify, publish and otherwise use and distribute your User Postings in a manner consistent with the licences granted by you below; and
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7.1.2neither your submission of your User Postings nor the exercise of the licences granted below will infringe or violate the rights of any third party. You, and not Digital Earth Africa, are solely responsible for your User Postings and the consequences of posting or publishing them.
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Licence Grant to Digital Earth Africa
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7.2
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The intellectual property rights in User Postings is owned by you.
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7.3
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By submitting or distributing your User Postings on the Platform, you grant Digital Earth Africa a perpetual, non-exclusive, fully paid up, royalty free licence, including the right to sub-license, throughout the world, to reproduce, use and exploit the intellectual property rights in your User Postings to the full extent permitted by law in any jurisdiction for any purpose.
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9.
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Confidentiality
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9.1
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In the event that Digital Earth Africa gives you access to information specific to Digital Earth Africa that is either:
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9.1.1 marked as “Confidential”; or
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9.1.2 information that a reasonable person would assume to be confidential or proprietary given the terms of its disclosure,
(Confidential Information), you must use such Confidential Information only for the purpose specified by Digital Earth Africa.
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9.2
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You must:
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9.2.1not disclose the Confidential Information to anyone without the prior written consent of Digital Earth Africa; and
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9.2.2protect the Confidential Information from unauthorised use and disclosure.
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9.3
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Confidential Information does not include information that:
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9.3.1 you independently developed,
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9.3.2was rightfully given to you by a third party without any confidentiality obligation; or
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9.3.3becomes public through no fault of your own.
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9.4
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You may disclose Confidential Information when compelled to do so by law if you provide Digital Earth Africa with reasonable prior notice, unless a court orders that Digital Earth Africa not receive notice.
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10.
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Disclaimer of Warranty / Limitation of Liability
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The Platform, and any information, content or services made available on or through the Platform, are provided “as is” and “as available” without warranty of any kind (express, implied or otherwise), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement, except insofar as any such implied warranties may not be disclaimed under applicable Australian laws.
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10.1
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Digital Earth Africa makes the Platform available to you on the understanding that you use the content provided on the platform at your own risk.
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10.2
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Digital Earth Africa does not warrant that:
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10.2.1the Platform will operate and be made available in an uninterrupted or error-free manner;
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10.2.2the Platform is free of viruses or other harmful components; or
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10.2.3the content provided on the Platform will meet your needs or expectations.
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10.3
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Digital Earth Africa also makes no warranty about the accuracy, completeness, timeliness or quality of the content included on the Platform, or that any particular content will continue to be made available.
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10.4
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You agree that, to the fullest extent permitted by applicable law, Digital Earth Africa will not:
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10.4.1 be liable to you for any loss or damage, either actual or consequential, arising out of or relating to the Terms or your use of the Platform, whether your claim is based in contract, tort, statutory or any other law; or
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10.4.2have any liability for any consequential, indirect, punitive, special, exemplary or incidental damages, whether foreseeable or unforeseeable and whether or not Digital Earth Africa has been negligent or otherwise at fault (including, but not limited to, claims for defamation, errors or loss of profits).
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10.5
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Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
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12.
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General Legal Terms
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12.1
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Except to the extent that any separate agreement between you and Digital Earth Africa explicitly provides that one or more of its provisions are intended to override this provision, the Terms constitute the entire agreement between you and Digital Earth Africa with respect to your use of the Platform.
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12.2
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The failure of Digital Earth Africa to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
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12.3
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If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you agree that:
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12.3.1the court should endeavour to give effect to the parties’ intentions as reflected in the provision; and
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12.3.2the other provisions of the Terms will remain in full force and effect.
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12.4
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The Terms do not create any third-party beneficiary rights or any agency, partnership or joint venture.
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12.5
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For any notice provided to you by Digital Earth Africa under the Terms, Digital Earth Africa may notify you via the email address associated with your use of the Platform.
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12.6
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disputes will be heard and resolved exclusively in the courts of the Australian Capital Territory.
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12.7
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You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and must not to assert any objection to such proceedings in those courts (including any defence or objection of lack of proper jurisdiction or venue or inconvenience of forum).
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12.8
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Notwithstanding the foregoing, Digital Earth Africa will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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13.
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Termination or suspension of access
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13.1
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Digital Earth Africa may, at any time, in its sole discretion, terminate or suspend your use of the Platform for any reason or no reason, without prior notice. Digital Earth Africa will have no liability for any costs, losses or damages of any kind arising as a consequence of terminating or suspending your access to the Platform.
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13.2
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Digital Earth Africa may, at any time and in its sole discretion, make changes to the Platform in accordance with clause 8. Digital Earth Africa will not have any liability to you for such an action.
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13.3
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Upon either of the:
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13.3.1termination of the Terms; or
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13.3.2termination or suspension of your use of the Platform,
for any reason, all provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions (clause 6), licensing provisions (clause 7), confidentiality (clause 9), warranty disclaimers and limitations of liability (clause 10) and indemnification (clause 11).
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13.4
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The termination or suspension of your use of the Platform will not relieve you of any obligations arising or accruing prior to such termination or suspension, or limit any liability that you otherwise may have to Digital Earth Africa including, without limitation, any indemnification obligations contained herein.
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14.
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Honour Code
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Collaboration Policy
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14.1
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By enrolling in a course on the Platform, you are joining a special worldwide community of learners. Digital Earth Africa depends upon your motivation to learn the material and to do so with honesty and academic integrity. In order to participate on the Platform, you must agree to the Honour Code below and any additional terms specific to a course or program. This Honour Code, and any additional terms, will be posted on each course website. Its terms are:
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By enrolling in a Digital Earth Africa course or program, I agree that I will:
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(a)Complete all tests and assignments on my own, unless collaboration on an assignment is explicitly permitted.
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(b)Maintain only one user account, unless Digital Earth Africa has approved the use of a separate user account in connection with an employer-sponsored or university-sponsored program.
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(c)Not let anyone else use my username and/or password.
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(d) Not engage in any activity that would dishonestly improve my results, or improve or hurt the results of others.
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(e) Not post answers to problems that are being used to assess learner performance.
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Violations
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14.2
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If you are found in violation of the Terms or the Honour Code, you may be subject to one or more of the following actions:
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14.2.1 Receiving a zero or no credit for an assignment;
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14.2.2 Having any certificate earned in the course or program withheld or revoked;
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14.2.3Being unenrolled from a course or program; or
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14.2.4Termination of your use of the Platform.
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14.3
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Additional actions may be taken at the sole discretion of Digital Earth Africa.
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14.4
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No refunds will be issued in the case of any corrective action for such violations.
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14.5
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Honour Code violations will be determined at the sole discretion of Digital Earth Africa. You will be notified if a determination has been made that you have violated this Honour Code and you will be informed of the corresponding action to be taken as a result of the violation.
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Changing the Honour Code
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14.6
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Digital Earth Africa will review, and may make changes to, the Honour Code from time to time. Any changes to the Honour Code will be effective immediately upon posting on this page, with an updated effective date. By accessing the Platform after any changes have been made, you will be taken to have agreed to the modified Honour Code and any changes contained in it. Be sure to return to this page periodically, to ensure that you are familiar with the most current version of this Honour Code.
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14.7
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The Effective Date of the Honour Code is: 17 July 2021.
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