Terms & Conditions for Online Products

 

The sale of online products is subject to the terms and conditions below.

1.

Definitions

 

"Licence" refers to the licence granted by way of this agreement.

 

"Licensed User" means:

 

(1)

where the Subscriber is a law firm, barristers’ chambers, government agency or other business (excluding an academic institution and entity that maintains a Public Library) – an employee or contractor of the Subscriber;

 

(2)  

where the Subscriber is an academic institution – a current member of the faculty or other staff of the Subscriber (whether on a permanent, temporary, contract or visiting basis), a person who is currently studying at the Subscriber’s institution (whether onsite or online/remotely) and any other person the Subscriber permits to use the Subscriber’s online information resources from computer terminals on the Subscriber’s premises;

 

(3)  

where the Subscriber maintains a Public Library – a person who is permitted to use the Subscriber’s online information resources from computer terminals on the Subscriber’s premises.

 

"Presidian"means Chambers Corporation Pty Ltd ACN 102 189 408 atf Presidian Trust t/a Presidian Legal Publications.

 

"Presidian And Its Agents" means Presidian and/or its officers, servants, employees, agents, licensors, contractors and all other persons involved in the writing, editing, production and distribution of the Product.

 

"Product" means the online publication to which the Subscriber subscribes.

 

"Public Library"means a library that is accessible by members of the public or members of an association but excludes a library maintained by an academic institution.

 

"Subscriber" means the individual or entity subscribing to the Product.

2.

Licence terms

 

The terms and conditions set out in this Licence apply to the order for and use of the Product by the Subscriber provided Presidian has accepted the order.

3. 

Licensed users

 

(1)

If requested to do so by Presidian prior to acceptance of the order or annual subscription renewal, the Subscriber must notify Presidian in writing of the maximum number of persons and sites/offices to whom and to which it will grant access to the Product and pay any applicable licence fee or fees in accordance with clause 6.  The Subscriber must notify Presidian in writing of any increase in the number of persons or sites/offices accessing the Product.

 

(2)  

The Subscriber must not grant access to the Product to any person who is not a Licensed User or to any site/office not previously notified to Presidian in accordance with sub-clause (1).

4. 

Nature of licence

 

(1)  

The Licence is a non-exclusive licence.

 

(2)  

The Subscriber may not assign or transfer its rights or obligations under or interest in the Licence unless it is to a purchaser of all or part of the Subscriber's assets.

5. 

Reproduction and use

 

(1)  

The Subscriber may only copy, adapt (including translate) or reproduce in any form (including hardcopy, electronic or digital form) any part of the Product to the extent permitted by this Licence and the Copyright Act 1968 (Cth).

 

(2)  

The Subscriber may not use the Product for the purpose of producing a product that may directly compete on a commercial basis with the Product.

6. 

Subscription and licence fees

 

(1)  

The Subscriber agrees to pay any subscription fee applicable to the Product as is indicated in the relevant pricing table published by Presidian at the time the Subscriber orders the Product or, where additional licence fees are applicable, as is otherwise notified by Presidian to the Subscriber prior to granting of access to the Product or annual subscription renewal (as applicable).

 

(2)  

Presidian may vary annual subscription fees provided however Presidian must notify the Subscriber in writing of any such variation prior to any annual renewal of the subscription.

7.

Term of licence

 

The Subscriber is entitled to use the Product until the Licence is terminated in accordance with clause 8.

8.

Termination

 

(1)    

The Subscriber may terminate the Licence at any time with immediate effect by providing Presidian with written notice of the termination provided however the Subscriber shall be liable to pay any outstanding amount for the remainder of any annual subscription period for which it has subscribed.

 

(2)  

Presidian may terminate the Licence at any time with immediate effect if:

 

 

(a)  

the Subscriber breaches any term of this agreement; and

 

 

(b)  

fails to remedy that breach within 14 days of receiving written notice from Presidian requiring it to do so.         

9. 

Equitable remedies

 

In addition to any other remedies available to Presidian under the Licence or otherwise, any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of the Product by the Subscriber will entitle Presidian to any available equitable remedy against the Subscriber.

10. 

Subscriber to provide hardware and arrange other services

 

It is the Subscriber's obligation to provide or obtain at its own expense the appropriate computer equipment, telecommunication systems, internet access and any other hardware or services that are required to enable it to use the Product.

11. 

Does not constitute legal advice

 

(1)  

The Subscriber acknowledges and agrees that the Product, and the text within it, is not intended to be, nor constitutes, legal or other professional advice and is merely a research guide to the area of law to which the Product relates.

 

(2)

Where the Subscriber uses the Product as a research tool, or in any other way, to assist in, or for any other purpose in relation to, the provision of legal or other professional advice, or any other good or service, the Subscriber must verify the accuracy and currency of information and any other materials obtained from the Product with the appropriate primary source of the information or materials before relying on such information or materials in the provision of such advice or other good or service.

 

(3)

Without limiting in any way the effect of clause 12, Presidian And Its Agents will not be held liable for any act or omission made:

 

 

(a)  

in reliance on any information or materials contained within the Product; or

 

 

(b)  

that would not otherwise have been made if the Product had contained information or materials that it did not contain.

12. 

Limitation of liability

 

(1)  

To the extent permitted by law Presidian And Its Agents will be under no liability to the Subscriber in respect of any loss or damage (including consequential loss or damage) which the Subscriber may suffer or incur (directly or indirectly) in respect of the Licence or the use of the Product whether arising from any act or omission by Presidian And Its Agents' and without limiting the generality of the preceding terms the Subscriber excludes Presidian And Its Agents from all liability for any form of negligence.

 

(2)

Without limiting in any way the effect of sub-clause (1) – in view of the nature of the internet, it is agreed that Presidian will not be liable for any loss or damage (including consequential loss or damage) arising from a temporary interruption in the provision of the Product, including an interruption due to an inability to access, or to an upgrade to or maintenance of, Presidian’s website.

 

(3)  

Without limiting in anyway the effect of sub-clause (1) –  if Presidian And Its Agents are rendered liable in any way in relation to, or arising from, the Product or the Licence, such liability will, at the option of Presidian and to the extent permitted by law, be limited to resupply of the Product.

13.

Virus protection measures

 

(1)  

Presidian does not warrant that the Product is free from computer, software or any other form of viruses.

 

(2)  

If the Subscriber wishes to protect against any viruses that may be contained in the Product, it must install appropriate anti-virus software and take any other appropriate virus protection measures.

14. 

No warranties

 

(1)  

Subject to sub-clause (2):

 

 

(a)  

the Product is provided without warranties of any kind, either express or implied and, as such and without limitation, Presidian does not warrant the accuracy or completeness of the materials contained within the Product; and

 

 

(b)  

any condition or warranty which would otherwise be implied in the Licence is hereby excluded.

 

(2)  

Where legislation or other law implies any condition or warranty in relation to this Licence, and that law avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty is included or implied in the Licence.  Presidian’s liability under any such condition or warranty will, at the option of Presidian and to the extent permitted by law, be limited to resupply of the Product.

15. 

Severance

 

Every provision of this document is independent of the other and any provision which is prohibited or unenforceable will be ineffective to the extent only of such prohibition or unenforceability and the other provisions will remain in force.

16. 

Variation

 

The terms of the Licence may be varied provided that any variation is agreed to in writing by both parties.

17. 

Review of compliance with terms

 

The Subscriber authorises Presidian and its agents and independent contractors to enter any premises which the Subscriber occupies at any time without notice during business hours and to access any hardcopy and electronic records to verify that the Subscriber is complying with the terms of this Agreement however such access shall be restricted to premises, areas and records that are relevant to and necessary for this purpose. The Subscriber agrees to cooperate with and to provide reasonable assistance to Presidian in order to facilitate the verification process pursuant to this clause.

18. 

Governing Law

 

The laws of South Australia govern this Licence and the parties expressly submit to the exclusive jurisdiction of the Courts of that State.

19. 

Entire Agreement

 

The Licence supersedes all previous oral and written agreements or arrangements, if any, in respect of its subject matter and embodies the entire agreement between the parties.

20. 

Privacy

 

The Subscriber authorises Presidian to handle any personal information disclosed by it to Presidian in accordance with Presidian’s Privacy Policy (available on Presidian’s website) and the Privacy Act 1988 (Cth).