Octopus platform user terms

Please read these Octopus Platform User Terms (Terms) carefully before you access and use the resources and tools on the Octopus Service (the Service).

These Terms form a legal agreement between the User, as applicable (you and your), and Jisc (Jisc, us, we and our) as the provider of the Service. See section 1 for details about Jisc.

By using the Service in any way, you agree to be bound by these Terms. Use of the Service includes browsing the Service website, accessing the guidance, resources and tools provided on it or registering for a Registered User account.

If you do not agree to these Terms, please do not use the guidance and resources provided on the Service.

SECTION 1: GENERAL

About the service: To see more information on the Jisc's Octopus service and what it offers see our service information page at:https://www.octopus.ac/about.
About Jisc: The Service is operated by Jisc, a registered charity and company limited by guarantee registered in England with company number 05747339 and having its registered address at 4 Portwall lane, Bristol, BS1 6NB (Jisc).
To contact us Please email:help@jisc.ac.uk

How these Terms apply: These Terms apply to your access to and use of the Service
Privacy Policy: Our Privacy Policy also applies to your use of the Service:https://www.octopus.ac/privacy
Changes to terms: We may update these Terms and the Privacy Policy. Changes will have immediate effect from the date of posting on the Service website. All Service users should therefore review these Terms regularly. Your continued use of the Service after changes have been made will be taken to indicate that you have accepted and are bound by the updated terms. We reserve the right to revoke, withdraw or amend these Terms without notice.
Changes to the Service: We may update and change our Service from time to time, for example, to reflect changes to our products or our users' needs. We will try to give you reasonable notice of any major changes. Jisc does not guarantee that the Service website, or any content on it (including any guidance and resources), will be free from errors or omissions.
We may suspend or withdraw the Service: We do not guarantee that the Service website, or any content on it, will always be available or be uninterrupted. Use of the Service and access to the Service website is permitted on a temporary basis. We may suspend or withdraw or restrict the availability of all or any part of the Service website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Viruses: We have designed the Service following best practice in secure design and development however we cannot guarantee that the Service is virus / bug free and advises that you use up-to-date browsers and virus protection software.

SECTION 2: USERS

Access to the Service is made available free of charge. Any individual who accesses the Service is a Service user (a User). There are two types of Users:

An Ordinary User is a user anywhere in the world who accesses the Service via an internet device (and who has not logged into the Service as a Registered User). An Ordinary Users can search, browse, and view content published to the Service website, and use a limited set of resources and tools, in accordance with these Terms.
A Registered User is an individual who has created an Octopus user account affiliated with an ORCID® iD by following the steps set out in Section 3. A Registered User can search, browse, and view content published to the site, but can also publish their own research as well as review, rate, create links between, and red flag others' publications. Registered Users can use all of the resources on the Service website in accordance with these Terms.

SECTION 3: BECOMING A REGISTERED USER

You agree that Jisc may access, store and use any personal information that you provide to us in accordance with (i) these Terms, and (ii) the Service Privacy Policy as set out above. You should read the Privacy Policy before registering, and you should not provide us with any of your personal information if you do not agree to these Terms or the Privacy Policy.

You will continue to have access to the Service as a Registered User until we are otherwise notified. Should you wish to terminate access to the Service the Lead User must notify us at help@jisc.ac.uk.

If you know or suspect that anyone other than you knows your login details, you should promptly tell us and change your login details.

SECTION 4: INTELLECTUAL PROPERTY

All content on the Service website is the copyright of Jisc or licensed to Jisc. If anything on the Service is found to infringe the intellectual property rights of any third party we will remove this as soon as possible after it is made aware of such infringement. If you think this is the case then please get in touch at help@jisc.ac.uk.

Subject to Section 9 and the paragraph below and in consideration of the mutual obligations and promises as set out in these Terms (the sufficiency of which is acknowledged by you and us) we hereby grant you a licence under these Terms to use the Service and under the terms set out at: https://creativecommons.org/licenses/by-nc/4.0/ to use the content on the Service website.

We are not responsible for the content of any website (whether under the control of Jisc or not) that is linked to by the Service or within a resource. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us.

SECTION 5: USER CONTENT

Registered Users can create publications on the Service website, place red flags against content or add links between other's content (User Content).

When you create a publication on the Service website as a Registered User, you will be required to provide us with a licence to use your content as part of the Service under the following licence terms: https://creativecommons.org/licenses/by-nc/4.0/.

Other User Content created as a Registered User, will be publicly viewable on the Service website including your public user profile.

SECTION 6: USER CONTENT - DATA PROCESSING ARRANGEMENTS

In this Section 6 all capitalised terms are as defined in Schedule 1.
Both you and we acknowledge that the factual arrangements in respect of the processing of Personal Data dictates the classification of each party in respect of the Data Protection Legislation. Notwithstanding the foregoing, it is anticipated and agreed that you shall act as a Controller and Jisc shall act as a Processor in respect of Processing of any Personal Data in your User Content that you make available in connection with your use of the Service and Schedule 1 sets out the relevant obligations of each party in that respect.

SECTION 7: CONDITIONS OF USE OF THE SERVICE

All Users shall:

only access and use the Service on these Terms

Users shall not:

copy and content on the Service Website, other than in accordance with these Terms or the licence terms applicable to any User Content;
do anything which may cause (whether on purpose or not) the introduction or spread of a virus, Trojan horse, logic bombs spyware or any other programs designed to affect the operation of any computer software or hardware;
attempt to gain unauthorised access to the Service website, the server on which the Service website is stored or any server or computer or database connected to the Service website;
attack the Service website via a denial-of-service attack or a distributed denial-of service attack;
act dishonestly or unprofessionally
create a false identity on the Service website
misrepresent your current or previous positions, professional qualifications employment for, affiliation with any organisation or other accreditations;
use (or attempt to use) any other Users log-in details;
link to the Service website:

in a way that damages Jisc's reputation or takes advantage of it;
in a way that suggests any form of association, approval or endorsement on Jisc&aposs;s part where none exists;
where Jisc has withdrawn permission to link to the Service website;

sell, rent, lease, redistribute, broadcast, publicly display, transmit, communicate, modify, sub-license or transfer or assign any part of the Service website, or your rights to use the Service website (under these Terms) to any third party
infringe the rights of Jisc or of any other User; or
use the Service or the Service website unlawfully or fraudulently at any time.

SECTION 8: BREACH OF THESE TERMS

Where Jisc reasonably believes or suspects that a User is in breach of these Terms (or any other terms reference herein), Jisc may take such action as it deems appropriate (at its discretion), including:

issuing a warning;
removing users from accessing the Service at any time, without warning
closing or suspending your account at any time without notice;
taking legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
taking any further legal action against you; and/ or
disclosing such information to law enforcement authorities as we reasonably feel is necessary.

SECTION 9: OTHER JISC MATERIAL

The Service website contains materials which are owned by or licensed to Jisc and which are not subject to the licensing arrangements described in Section 4 above.

Any content not explicitly licensed under these Terms or any Creative Commons licence should be assumed to be the property of Jisc. Such content will include (but is not limited to) logos and trading names (including but not limited to the Jisc trade mark), certain text, photographic and video images, sound recordings and the design, layout and appearance of and graphics contained within the Service (Jisc Materials). Jisc Materials are protected by applicable intellectual property and other laws. You agree that you will not use Jisc Materials for any purpose whatsoever, except for the use of the Service or Service as permitted under these Terms.

SECTION 10: ACCURACY OF USER CONTENT AND JISC MATERIALS

We may (without notice) update the Service from time to time and may change or update the guidance and resources available on the Service website at any time.

The User Content and any guidance and resources made available on the on the Service website may be out of date at any given time, and Jisc is under no obligation to update it. Jisc does not guarantee that the Service website, or any User Content or any guidance and resources, will be free from errors or omissions

If you have an issue or concern with any of the content on the Service website then please get in touch at help@jisc.ac.uk.

Jisc is not responsible for the content of any website (whether under the control of Jisc or not) that is linked to on Service or within a resource. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us

SECTION 11: CONTINUITY OF SERVICE

Jisc does not guarantee that the Service or the Service website, or any content on it, will always be available or be uninterrupted. Access to the Service and use of the User Content and guidance and resources is permitted on a temporary basis. Jisc will not be liable to you or to any third party if for any reason the Service or the Service website is unavailable at any time or for any period.

SECTION 12: LIABILITY

To the extent permitted by law, Jisc excludes all conditions, warranties, representations or other terms which may apply to the Service, the Service website or any User Content or guidance and resources made available on it, whether express or implied. In particular, Jisc excludes all conditions, warranties, representations or other terms:

that any User Content, guidance or resource will be of satisfactory quality or fit for purpose;
in respect of the suitability of any User Content, guidance or resource, or information and services contained on, or accessed via the Service website
in respect of the content of websites linked on the Service website;
that any User Content, guidance or resource complies with applicable laws and regulation (including local laws which a resource may be subject to);
that use of the Service website or any resource will be compatible with all hardware and software
that the Service or Service website will be bug or virus free, or that access to the Service website will be uninterrupted;
that the use of Service or Service website or any content on it, will deliver a specific outcome for Users; or
that defects in Service or Service website will be corrected

If Jisc is liable to you in relation to your use of the Service for any cause whatever, and regardless of the form of the action then, unless the law says otherwise, we will only be responsible to you for loss or damage you suffer (i) that is a foreseeable result of our breach of these Terms; and (ii) up to a maximum of five hundred pounds Sterling (£500).

Nothing in these Terms excludes or limits Jisc's liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

By using the Service or Service website, each User agrees that, if Jisc suffer any losses, damages or expenses as a result of that User's use of the Service or Service website, that User will reimburse Jisc for any such losses that are incurred as a result of that User's breach of (or failure to comply with) these Terms or any User Content licensing arrangements.

SECTION 13: ACCESSIBILITY

The Service's accessibility statement is set out at https://www.octopus.ac/accessibility

SECTION 14: COMPLAINTS

Jisc has an internal complaints procedure. We aim to handle all complaints efficiently and quickly. If you have complaints regarding the Service please visit https://www.jisc.ac.uk/contact/complaints-and-escalations and follow the instructions on that page

SECTION 15: MISCELLANEOUS

No partnership: Users acknowledge that these Terms do not create or imply any partnership, joint venture or trust relationship between Jisc and any User.
Entire agreement: These Terms (including the Privacy Policy and any relevant User Content licence terms) contain all the terms applicable to the use of the Service and Service website by you, and form the entire agreement between you and Jisc.
Invalidity/ enforceability: Each of the terms of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
No waiver: If Jisc fails to insist that you perform any of your obligations, or if Jisc does not enforce its rights against you, or if Jisc delays in doing so, that will not mean that Jisc has waived its rights against you and will not mean that you do not have to comply with those obligations. Any waiver would need to be given by Jisc in writing.
Matters outside of Jisc's control: Jisc will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms if that is caused by events outside Jisc's reasonable control, including any act, event, non-happening, omission or accident beyond our reasonable control. Some examples of such an event are:

Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks; or
The acts, decrees, legislation, regulations or restrictions of any government.

Notices to you: These Terms and the Privacy Policy are drawn up in the English language. All written communications between you and us relating to these Terms and the Privacy Policy will be given in English. We will send any notices relating to any of the matters set out in these Terms to the email address you use to access the Service or the Service.
Governing law: These Terms and any dispute in relation to the materials available from the Service will be governed by laws of England and Wales.
Jurisdiction: The English courts have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms or use of the Service and/or Service website

OCTOPUS PLATFORM USER TERMS: SCHEDULE 1 - DATA PROCESSING

1. DEFINITIONS AND INTERPRETATION

1.1

In this schedule, unless the context otherwise requires, the following words shall have the following meanings:

Applicable Law
means all applicable laws, statutes, regulations, decree directives, legislative enactments, orders, binding decisions of a competent Court or Tribunal, rule, regulatory policies, guidelines, codes, other binding restriction, regulatory permits and licences applicable under law which are in force from time to time during the provision of the Service to which a party and/or any Processing of Personal Data is subject from time to time;

Appointed Sub-contractors
means a sub-contractor appointed in accordance with Clause 4.1.7. For the purposes of this schedule, the sub-contractors described in Annex B shall be deemed to have been appointed in accordance with that Clause;

Controller
has the meaning set out in the UK GDPR;

Data Protection Legislation
means (a) any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction which relates to the protection of individuals with regards to the Processing of Personal Data to which a Party is subject for the purposes of these Terms, including the Data Protection Act 2018 and the General Data Protection Regulation 2016/679 (EU GDPR) as each is amended in accordance with the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (as amended by SI 2020 no. 1586) and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, as amended to be referred to as DPA 2018 and the UK GDPR respectively; and (b) any code of practice or guidance published by the ICO or European Data Protection Board from time to time;

Data Protection Particulars
means, in relation to any Processing under these Terms:

(a) the subject matter and duration of the Processing;
(b) the nature and purpose of the Processing;
(c) the type of Personal Data being Processed;
(d) the categories of Data Subjects; and
(e) as applicable, the permitted recipients of the Personal Data;

Data Quality Requirements
means those requirements set out in Article 5(1)(c) to (e) (inclusive) of the UK GDPR;

Data Subject Request
means an actual or purported subject access request or notice or complaint from (or on behalf of) a Data Subject exercising their rights under the Data Protection Legislation;

Data Subject
has the meaning set out in the UK GDPR;

Freedom of Information Laws
means the Freedom of Information Act 2000 (and any Scottish equivalent), the Environmental Information Regulations 2004 (and any Scottish equivalent) and any subordinate legislation made under this Act from time to time together with any guidance and/or codes of practice issued by the UK Information Commissioner or relevant Government Department in relation to such legislation;

ICO
means the UK Information Commissioner (including any successor or replacement);

Permitted Country
means a country, territory or jurisdiction that is either: (a) within the UK or the European Economic Area; or (b) outside of the UK or European Economic Area but which is the subject of an adequacy determination by the UK Secretary of State or the European Commission (as applicable);

Permitted Purpose
for Jisc to provide the Service;

Personal Data
has the meaning set out in the UK GDPR;

Personal Data Breach
has the meaning set out in the UK GDPR (where the Personal Data directly affected by the breach of security is that described in the Data Protection Particulars) and, for the avoidance of doubt, includes a breach of Clause 4.1.3;

Personnel
means all persons engaged or employed from time to time by Jisc in connection with these Terms, including employees, consultants, contractors and permitted agents;

Processing
has the meaning set out in the UK GDPR (and Process and Processed shall be construed accordingly);

Processor
has the meaning set out in the UK GDPR;

Regulator
means the ICO and any other independent public authority which has jurisdiction over a Party, including any regulator or supervisory authority which is responsible for the monitoring and application of the Data Protection Legislation

Regulator Correspondence
means any correspondence from a Regulator in relation to the Processing of the Personal Data in the User Content under or in connection with these Terms;

Security Requirements
means the requirements regarding the security of the Personal Data, as set out in the Data Protection Legislation (including, in particular, the measures set out in Article 32(1) of the UK GDPR (taking due account of the matters described in Article 32(2) of the UK GDPR)) as applicable;

Third Party Request
means a written request from any third party for disclosure of the Personal Data where compliance with such request is required or purported to be required by law or regulation; and

User Content
has the meaning as set out in Section 5 of the Terms;

2. DATA PROTECTION ARRANGEMENTS

2.1

Both you and we acknowledge that the factual arrangements in respect of the processing of Personal Data dictates the classification of each party in respect of the Data Protection Legislation. Notwithstanding the foregoing, it is anticipated and agreed that you shall act as a Controller and Jisc shall act as a Processor in respect of Processing of any Personal Data in your User Content that you make available in connection with your use of the Service.

2.2

Both you and we acknowledge and agree that Annex A contains an accurate description of the Data Protection Particulars.

CONTROLLER OBLIGATIONS

3.1

You, in your capacity as Controller in respect of the Processing of the Personal Data in your User Content, shall:

(a) comply with your obligations as Controller under the Data Protection Legislation;
(b) ensure that you are not subject to any prohibition or restriction which would:
- (i) prevent or restrict you from disclosing or transferring the Personal Data to Jisc, as required under these Terms or
- (ii) prevent or restrict you from granting Jisc access to the Personal Data, as required under these Terms;
(c) ensure that all fair processing notices have been given (and/or, as applicable, consents obtained) and are sufficient in scope to enable each Jisc to Process the Personal Data as required in order to obtain the benefit of its rights and to fulfil its obligations under these Terms accordance with the Data Protection Legislation; and
(d) notify Jisc promptly (and in any event within forty-eight (48) hours) following its receipt of any Regulator Correspondence.

PROCESSOR OBLIGATIONS

4.1

Jisc, as a Processor in relation to any Personal Data Processed on your behalf pursuant to these Terms undertakes that it shall:

4.1.1

process the Personal Data for and on your behalf in connection with the Permitted Purpose only and for no other purpose in accordance with these Terms, and any instructions from you;

4.1.2

unless prohibited by law, promptly notify you (and in any event within forty-eight (48) hours of becoming aware of the same) if it considers, in its opinion (acting reasonably) that it is required by Applicable Law to act other than in accordance with your instructions, including where it believes that any of your instructions under Clause 4.1.1 infringes any of the Data Protection Legislation;

4.1.3

implement and maintain appropriate technical and organisational security measures to comply with at least the obligations imposed on a Controller by the Security Requirements;

4.1.4

take all reasonable steps to ensure the reliability and integrity of any of the Personnel who shall have access to the Personal Data, and ensure that each member of Personnel shall have entered into appropriate contractually-binding confidentiality undertakings;

4.1.5

notify you promptly, and in any event within forty-eight (48) hours, upon becoming aware of any actual or suspected, threatened or 'near miss' Personal Data Breach, and:

(a) implement any measures necessary to restore the security of compromised Personal Data

(b) assist you to make any notifications to the ICO and affected Data Subjects

4.1.6

notify you promptly (and in any event within forty-eight (48) hours) following its receipt of any Data Subject Request or Regulator Correspondence and shall:

(a) not disclose any of the Personal Data in response to any Data Subject Request or Regulator Correspondence without your prior written consent; and

(b) provide you with all reasonable co-operation and assistance you require in relation to any such Data Subject Request or Regulator Correspondence;

4.1.7

not disclose the Personal Data to a third party in any circumstances without your prior written consent, other than:

(a) in relation to Third Party Requests where Jisc is required by law to make such a disclosure, in which case it shall use reasonable endeavours to advise you in advance of such disclosure and in any event as soon as practicable thereafter, unless prohibited by law or regulation from notifying you;

(b) to Jisc's employees, officers, representatives and advisers who need to know such information for the purposes of Jisc performing its obligations under these Terms and in this respect Jisc shall ensure that its employees, officers, representatives and advisers to whom it discloses the Personal Data are made aware of their obligations with regard to the use and security of Personal Data under these Terms; and

4.1.8

not Process or transfer the Personal Data outside of a Permitted Country without putting in place measures to ensure compliance with Data Protection Legislation;

4.1.9

on the written request from you, allow you or your representatives to audit Jisc in order to ascertain compliance with the terms of this Clause 4.1 and/ or to provide the you with reasonable information to demonstrate compliance with the requirements of this Clause 4.1, provided that:

(a) you shall only be permitted to exercise your rights under this Clause 4.1.9 no more frequently than once in any 12 month period (other than where an audit is being undertaken in connection with an actual or 'near miss' Personal Data Breach, in which case, an additional audit may be undertaken within thirty (30) days of us having notified you of actual or 'near miss' Personal Data Breach);

(b) each such audit shall be performed at your sole expense;

(d) you shall comply with Jisc's health and safety, security, conduct and other rules, procedures and requirements in relation to Jisc's property and systems which have been notified by Jisc to you in advance; and

(e) in no case shall you be permitted to access any data, information or records relating to any other customer of Jisc;

4.1.10

except to the extent required by Applicable Law, on the earlier of:

(a) the date of termination or expiry of these Terms (as applicable); and/or

cease Processing any of the Personal Data and, within sixty (60) days of the date being applicable under this Clause 4.1.10, return or destroy (as directed, in writing, by you) the Personal Data belonging to, or under your control and ensure that all such data is securely and permanently deleted from its systems, provided that Jisc shall be entitled to retain copies of the Personal Data for evidential purposes and to comply with legal and/or regulatory requirements;

4.1.11

comply with the obligations imposed upon a Processor under the Data Protection Legislation; and

4.2

Notwithstanding anything in these Terms to the contrary, this Clause 4 shall continue in full force and effect for so long as Jisc Processes the Personal Data in your User Content.

OCTOPUS PLATFORM USER TERMS SCHEDULE 1: ANNEX A

Purpose of Processing
To provide the Service

Data Protection Particulars

The subject matter and duration of the Processing
The Octopus platform provides a primary research record for recording and appraising research 'as it happens'. It breaks down the publication of scientific research into eight elements.

The eight elements are:

Research Problem
Rationale/Hypothesis
Method
Results
Analysis
Interpretation
Real World Application
Peer Review

The nature and purpose of the Processing
To provide the Octopus Service.

The type of Personal Data being Processed
Any Personal Data that the Registered Users includes in their User Content

The categories of Data Subjects
We expect this to be academics (staff and students)

OCTOPUS PLATFORM USER TERMS SCHEDULE 1: ANNEX B

Appointed Sub-contractors

Current list of Jisc Appointed Sub-contractors

Amazon Web Services
Octopus Publishing CIC
DataCite: https://datacite.org/
ORCID: https://orcid.org/