Terms and Conditions

LAWYERLY WEBSITE TERMS OF USE

1. ABOUT LAWYERLY

1.1 Thank you for using our website located at www.lawyerly.com.au website (“Site”).  This Site is owned and operated by Lawyerly Media (ABN 18 194 402 110) (“Lawyerly Media”). Any reference to “our,” “we,” “us” shall mean Lawyerly Media.

1.2 We appreciate your use of the services provided by us. Please read these terms (“Terms”) carefully as they govern your access to and use of the Site. If you do not agree to the Terms, then you may refrain from using the Site. The terms and conditions of the Privacy Statement and Copyright Notice and Legal Disclaimers are incorporated herein and made a part of these Terms.

1.3 Lawyerly is a digital news platform that aims to provide Australian business lawyers and government officials easy and timely access to news and information on litigation, policy and the business of law (“Service”). Portions of the Service are publicly available to all visitors to the Site. Other portions of the Service are available only to our Subscribers. By accessing the Site, you agree to be bound these Terms whether or not you are a registered Subscriber.

1.4 All information provided on this Site is for information only. We make no representations or warranties of any kind about the information provided on this Site to the extent permitted by law.

1.5 By using the Site, you agree that we may send you direct communications to the email address you provide from which you may unsubscribe at any time.

1.6 These Terms may be amended by us at any time, and by continuing to use the Site you accept the Terms as they apply from time to time.

2 SUBSCRIPTION AND ACCEPTANCE OF TERMS

2.1 You may obtain limited access to the Service by agreeing to our Terms and Privacy Statement, and providing your email address.  

2.2 To subscribe and obtain full access to our Service (“Subscription”), you may sign up for a subscriber account (“Account”). By registering for an Account, you will be required to accept the Terms as a condition of joining as a subscriber (“Subscriber”).

2.3 As part of the registration process and a condition of your use of the Subscription Service, you may create only one (1) Account and provide current, complete and accurate identification, and other information during the registration process, including but not limited to:

  • your name;
  • your title;
  • a valid email address;
  • your organisation; and
  • your practice area.

(“Registration Information”)

2.4 As a Subscriber, you are bound by the Terms to form an agreement with us. We may change the Terms of the agreement from time to time in our discretion.

2.5 If your Registration Information changes, you may promptly update your Account to reflect those changes.

2.6 As a user and Subscriber of the Site, you acknowledge and agree that:

  • the Registration Information you provide for the purpose of accessing the Service is personal to you. You may not authorise or permit anyone else to access your Account or the Service by using your Registration Information;
  • you are responsible for maintaining the confidentiality of your Registration Information. If you think your Registration Information or Account has been compromised in any way you must inform us immediately;
  • we have the right to deny anyone access to a Subscription, the Service or the Site at any time and for any reason without notice;
  • we are not obliged to confirm the identity of the Site users including Subscribers;
  • we cannot be held responsible for any improper use of your Registration Information, Account or such use by any third party, as well as for the actions or representations of any other user, either on or off the Site;
  • you may not impersonate or imitate any person when registering for an Account;
  • your access to and use of the Site is non-transferable; and
  • you will use the Site only for purposes permitted by the Terms and you will abide by any applicable law, regulation or generally accepted practices or guidelines relating to any Service on this Site in the relevant jurisdictions.

3 SUBSCRIPTION PAYMENTS AND DELIVERY OF SERVICE

3.1 After registration as a Subscriber, you can log into your Account and gain access to the Service by purchasing a Subscription (“Order”).

3.2 You expressly authorise us to charge you a fee notified to you at the time you place your Order, together with any processing or other associated fees charged by the issuing bank/payment provider (“Fees”), to the payment method listed (“Acceptance”) at the time of your Order. We will process and deliver the Service to your Account once we process your payment.

3.3 You agree to the billing frequency specified at the time of your Order.

3.4 The Fees are subject to change or withdrawal at any time prior to Acceptance of an Order by us. You will be notified of any changes and will have the option of continuing your Order if you agree with the change in accordance with the terms provided in any notice from us. If you do not agree with the change, you will have the option of terminating your Order but you may use your Order until the end of the then current Order period.

3.5 All Fees are in Australian Dollars (AUD). Fees may be converted to your local currency at the time of your Order. We will be entitled to add on GST for any supply in Australia.

3.6 Subscribers are responsible for ensuring their credit card details are correct. Changes to credit card details can be made by contacting us at our contact details in clause 20.

3.7 If your credit card expires or your payment method is invalid, your Subscription may automatically be terminated, or delivery of Service cancelled or revoked.

3.8 You agree for us to store your Registration Information and payment information for Order renewals.

3.9 We have the right to deny any Subscriber access to the Service or cancel any Subscription if we are unable to process the applicable Fees.

3.10 Your Order is deemed exclusive to you and your employees only and you may not allow any other person to use your Order.

3.11 You are responsible for all use, activities and Fees associated with your Order. If any misuse is detected your Subscription may be terminated.

3. 12 Your Account must be active and current to obtain access to our Service.

3.13 Subscriptions are not transferrable and are not redeemable for cash. Your access to the Service will be disabled when your Subscription ends.

4 REFUND POLICY

4.1 Except as required by law, any Fees paid by you are final and non-refundable.

4.2 Orders for the Service cannot be cancelled, or refunds made after payment is processed, such as, for example, purchaser’s remorse.

4.3 We are under no obligation to refund any Fees, in part or in full, for any reason including (without limitation) early termination of your Subscription.

4.4 We handle returns and process refunds in accordance with the Australian Consumer Law:

  • should you wish to cancel your Order or obtain a refund, you may contact us within 14 calendar days of performance of the Service to report any discrepancies or faults to make a claim otherwise you will be deemed to have accepted the Service;
  • returns or refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law; and
  • except as required by the Australian Consumer Law, we will only facilitate a refund if we are unable to facilitate the completion of the Service or, if we determine, in our absolute discretion, it is reasonable to do so.

5 INTELLECTUAL PROPERTY

5.1 In these Terms:

Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.

Works” means any material made available on the Site and included in the Service, including (without limitation) written texts, articles, posts, commentaries, data, analyses, critiques, photographs, pictures, graphic works or images.

5.2 You acknowledge that ownership of the Intellectual Property Rights relating to the Site or Service is the property of, licensed by or vest on creation in Lawyerly Media.

5.3 The Works on the Site and of any of the related Service (“Copyright Material”) are subject to copyright and owned by the copyright owner. The Copyright Material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Service and compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us. Information procured from a third party may be the subject of copyright owned by that third party.

5.4 The Site or any part of it (including, without limitation, any content or images) may not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent. Subscribers shall take due care to protect the Intellectual Property Rights provided via our Subscription Service from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication.

5.5 All Intellectual Property including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.

5.6 Unless otherwise stated, we retain all rights, title and interest in and to the Works on the Site and of our Service. Nothing you do on or in relation to the Site will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
  • right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
  • thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process).

5.7 ‘Lawyerly” and all associated trade marks are the trade marks of Lawyerly Media or any related entities. You shall not use any of our trade marks:

  • in or as the whole or part of your own trade marks;
  • in connection with activities, products or services which are not ours; or
  • in a manner which may be confusing, misleading or deceptive.

5.8 The obligations accepted by Site users and Subscribers under this clause survive termination or expiry of these Terms.

6 LICENCES

6.1 By registering as a Subscriber, we grant you a limited, worldwide, non-exclusive, royalty-free, and revocable licence (“Licence”) to electronically access and use the Site and our Service in accordance with these Terms. Unless otherwise stated in these Terms or elsewhere on the Site, your use of the Works and Subscription Service is for your personal and non-commercial use only.

6.2 These Terms do not constitute a sale or transfer of any of the Works and you shall not use, post or upload the Works or any version of it on any website or application that enables other people to create and share content or participate in social networking on the Internet.

6.3 The Licence may be terminated at any time in our sole discretion if you use the Site or the Service except as permitted by these Terms. This Licence terminates on the expiration or termination of this agreement with you.

6.4 In these Terms, “Content” means all works and materials (including without limitation text, communications graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or the Site for storage or publication on, processing by, or transmission via, the Site.

6.5 You grant to Lawyerly Media, or to any third parties used by us to provide the Service, a non-exclusive, non-transferable, worldwide, and royalty free licence to use, disseminate, transmit and cache your Intellectual Property, Content and any information provided or submitted by you in conjunction with the Service.

6.6 We reserve the right to add, modify, or remove any or all features from any Service we provide at any time with or without notice.

7 OTHER RESTRICTIONS ON USE

7.1 Your use of the Site is governed and enforced exclusively by us. Without limiting any other provision of the Terms, you also agree not to do any of the following:

  • use the Works in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third-party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other works;
  • hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Site or any part of it; or
  • remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on or in the Site.

8 TERMINATION

8.1 The Terms will continue to apply until terminated by either you or by us as set out below.

8.2 These Terms may terminate if:

  • you have breached any provision of the Terms;
  • we are required to do so by law;
  • the provision of our Service to you by us is, in our opinion, no longer commercially viable.

8.3 We reserve the right to discontinue your Subscription and/or Account at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Site without notice if your conduct impacts our name or reputation or violates the rights of those of any other third party.

8.4 If you want to terminate the Terms, you may do so by closing your Account and terminate your Subscription. If you have not logged into your Account within a prior twelve (12) month period, we reserve the right to terminate your Account.

9 REPRESENTATIONS AND WARRANTY

9.1 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these Terms, our Site and the use of our Service.

9.2 This exclusion includes without limitation:

  • the completeness, truth, suitability, quality or accuracy of the information or Service descriptions published on our Site (including third-party material and advertisements);
  • that the information on the Site is up to date; or
  • any Service or the Site will remain available.

You accept that we take no responsibility for any error or omission relating to the material contained on this Site.

9.3 You expressly understand and agree that we, our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability by any information on the Site and any decisions based on such information are your sole responsibility.

9.4 You warrant that you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service.

9.5 Everything on the Site and Service is provided to users and Subscribers “as is” and “as available”. None of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Service referred to on the Site. This includes (without limitation) loss or damage you may suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
  • costs incurred as a result of you using the Site and our Service; or
  • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

9.6 These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible we limit our liability as follows, at our option:

  • for any claims relating to these Terms, to the Fees payable under this agreement for the preceding one (1) month;
  • in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or
  • in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

9.7 Save to the extent expressly provided otherwise in these Terms or otherwise required by law, you agree that we will not pay you any compensation or other payment upon the discontinuance or alteration of the Service in any way, or if we stop publishing the Site.

10 INDEMNITY

10.1 You agree to defend, indemnify and hold us, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your access to our Service and use of the Site and its Works;
  • any direct or indirect consequences of you accessing, using or transacting on the Site or attempts to do so; and/or
  • any breach of the Terms.

10.2 We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

11 ADVERTISING AND LINKS

11.1 The Site may contain links and other pointers to Internet websites or applications operated by third parties.  We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites.  Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.

12 NO WAIVER

12.1 No waiver of rights under this agreement or any of our policy, or agreement between us and a Subscriber shall constitute a subsequent waiver of this or any other right under this agreement.

12.2 Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

13 ASSIGNMENT

13.1 You agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.

13.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and obligations under these Terms.

14 THIRD PARTY RIGHTS

14.1 A contract under these Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

14.2 The exercise of the parties’ rights under these Terms is not subject to the consent of any third party.

15 ENTIRE AGREEMENT

15.1 Unless otherwise stated, these Terms shall constitute the entire agreement between you and us in relation to your use of the Site.

16 SEVERABILITY

16.1 If any part of provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

17 LAW AND JURISDICTION

17.1 These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia.  You submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them for determining any dispute concerning these Terms.

17.2 If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.

18 FORCE MAJEURE

18.1 Notwithstanding any other provision of these Terms, we need not act if it is impossible to act due to force majeure, meaning any cause beyond its control (including war, riot, natural disaster or law taking effect after the date of these Terms). We have no responsibility or liability for any loss or expense suffered or incurred by you because of not acting for so long as the force majeure continues.

19 FEEDBACK

19.1 We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and our Service (“Feedback“). You may submit Feedback by emailing us at editor@lawyerly.com.au.

19.2 You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise use the Feedback for any purpose, including (but not limited to) advertising and promotional purposes.

20 OUR DETAILS

20.1 This Site is owned and operated Lawyerly Media (ABN 18 194 402 110).

20.2 Our principal place of business is at 302 Cotham Road, Kew, Victoria 3101, Australia.

20.3 You can contact us:

  • by post at 302 Cotham Road, Kew, Victoria, 3101, Australia;
  • by our website at our Contact Us page;
  • by telephone at 0400 602 124; or
  • by email at editor@lawyerly.com.au.

© 2018 LAWYERLY MEDIA. ALL RIGHTS RESERVED.

Terms last updated 25 February 2018