CONDITIONS OF SALE
1. |
APPLICABILITY AND ACCEPTANCE OF THESE CONDITIONS |
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| 1.1 | These Conditions apply to each order that Thomson Legal & Regulatory Limited ABN 64 058 914 668 (we) accept from a customer (you) for the supply of goods or services. These Conditions do not apply if you make an order using a trade account or you purchase FIRMSITE/FINDLAW related products and services. | ||||||||
| 1.2 | Your acceptance of goods and services from us means that you accept these Conditions. No variation by you of these Conditions will be valid unless our authorised representative gives you written confirmation that that variation is accepted. | ||||||||
| 1.3 | We may make changes to these Conditions from time to time. If we do, we will notify you in writing before they take effect. Your acceptance of further goods and services and/or payment of further instalments due after the date we notify you of a change is deemed acceptance of those changes. If you do not want to accept the changes, you are entitled to terminate any ongoing subscription affected by written notice to us within 30 days after receiving notice of the relevant changes. | ||||||||
2. |
PRICES, CHARGES AND PAYMENT |
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| 2.1 | You agree to pay in full the amount specified on any invoice rendered by us for goods and services supplied to you within 30 days of the date of the invoice (unless we agree otherwise in writing). | ||||||||
| 2.2 | Where we make individual deliveries of goods or deliveries in instalments, you may be invoiced separately for each delivery in which case, you agree to pay each invoice according to its terms. | ||||||||
| 2.3 | If you purchase a product through us that is published by another company, you will be required to pay our cost of the importation of the product and we may charge a delivery fee for delivering the product to your address. The importation cost will be included in the product price on the invoice for the goods. The delivery fee may be listed separately on the invoice or included in the product price. | ||||||||
| 2.4 | If we have to convert the price or the charge for the cost of importation from another currency, you agree that we have absolute discretion in relation to the exchange rate used to make the conversion. | ||||||||
| 2.5 | All American Express and Diners Club payments received after 1 September 2006 are subject to a surcharge. We reserve the right to make changes to this surcharge from time to time or to extend the surcharge to other methods of payment. If we do make any changes, we will notify you in writing before the changes take effect. | ||||||||
3. |
DELIVERY |
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| 3.1 | You accept that dates we give you for delivery are our best estimate, are given in good faith and may be subject to change without notice. | ||||||||
| 3.2 | We will deliver goods ordered to the address supplied on your order form or to an alternate address that we agree in writing. | ||||||||
| 3.3 | You agree that delivery will be complete when the goods are delivered to your nominated address. | ||||||||
4. |
RISK AND TITLE |
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| 4.1 | The risk in any goods that you order from us will pass to you on delivery irrespective of when payment is completed. | ||||||||
| 4.2 | You agree that all goods remain our property until you have paid for them in full. Until then, you acknowledge that we remain the equitable and legal owner and that you are in possession of those goods only as our bailee until you have completed payment. | ||||||||
| 4.3 | You are liable to pay in full the price of any goods delivered to you. If you fail to pay for goods by the due date for payment, we will be entitled to retake possession of the goods, resell them and keep the proceeds of the sale. Any shortfall remaining in the amount owing after resale will remain a debt owed by you. | ||||||||
5. |
SUPPLY OF SUBSCRIPTION PRODUCTS |
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| 5.1 | When your order for a subscription product (e.g. loose-leaf, periodical publications, online service or CD-ROM products) is accepted, we will:
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| 5.2 | We can immediately cancel your subscription to a product at any time by giving you written notice. If we do that, we will refund to you, on a pro-rata basis, any part of the subscription fee that you have already paid that relates to the unused portion of that subscription. | ||||||||
| 5.3 | If you are subscribing to an online service, the terms of the “Addendum for the Use of Online Products” attached to these Conditions also applies to your purchase. | ||||||||
6. |
RETURN OF GOODS AND CANCELLATION OF SUBSCRIPTIONS |
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| 6.1 | You can only return goods to us that you have purchased if you do the following: Subscription Products: You must notify us that you wish to cancel your order for a subscription product within 30 days of receiving your first invoice from us, otherwise you may only cancel within 30 days of receiving a renewal invoice. If you cancel an order for a subscription product outside the 30 day period, your cancellation will only take effect at the end of the current twelve month period for an annual fee subscription product. In the case of other subscription products, you may cancel but you will not receive a refund or credit. Non-Subscription Products (including back-sets of subscription products): You must notify us in writing within 30 days of the date of the invoice that you want to cancel the order for the goods. |
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| 6.2 | Whenever you notify us that you wish to return goods or cancel a subscription you must: (a) include the ISBN/ISSN, the title, quantity and invoice number of the goods; and (b) return the goods to us in their original condition. | ||||||||
| 6.3 | If you fulfil the conditions in clauses 6.1 and 6.2, we (in our absolute discretion) will either issue you with a credit or refund the purchase price paid by you for the returned goods. | ||||||||
| 6.4 | Except where required by law, you will not be entitled to a refund or credit if you cancel an order but do not complete all of the steps set out in clauses 6.1and 6.2 above. Returning goods outside the return period will NOT entitle you to a refund or exempt you from paying the balance of the purchase price. | ||||||||
7. |
UNANTICIPATED EVENTS |
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| 7.1 | We may cancel or suspend delivery of any ordered product in the event of any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of God, or any other cause beyond our reasonable control. | ||||||||
8. |
COSTS |
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| 8.1 | If you default in performing your obligations under these Conditions and we incur expenses in enforcing our rights under these Conditions (for example and without limitation, expenses incurred by us in recovering any moneys owed by you to us), you must pay those expenses to us on demand (including all legal costs on a full indemnity basis). | ||||||||
9. |
PRIVACY |
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| 9.1 | If you are one or more individuals this Clause 9 applies. You acknowledge that personal information concerning you collected or held by us may be used for a variety of purposes including:
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| 9.2 | If you do not want us to use your personal information for marketing purposes, please advise us in writing. | ||||||||
| 9.3 | You also agree that if you provide us with personal information about any other individual, you will ensure that the individual is aware:
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| 9.4 | A copy of our Privacy Policy can be viewed on the Internet at www.thomson.com.au. It tells you more about the types of organisations to which we usually disclose personal information. | ||||||||
| 9.5 | If you fail to provide any information requested by us, we may be unable to supply the goods and services that you order or request. | ||||||||
| 9.6 | In most circumstances, you have a right to access any personal information which we collect and hold about you and to have it corrected if it is wrong. Please contact our Privacy Officer to ask for access to your information or if you have a complaint concerning your information privacy. We may deny your request for access in some circumstances but if we do this we will tell you why. | ||||||||
| 9.7 | You consent to us sharing your personal information with other Thomson Corporation group companies including those overseas and with our service providers who are located overseas. | ||||||||
| 9.8 | If you apply to us for credit terms we may give certain information about you including identity particulars to a credit reporting agency and we will tell you separately about other uses and disclosures of your personal information relevant to your application for, or our provision of, credit. | ||||||||
10. |
GST |
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| 10.1 |
In these Conditions the terms “GST”, “supply” and “tax invoice” have the meaning given to those terms in the A New Tax System (Goods and Services) Tax 1999 (Cth) and the term “GST” also includes any penalties or additional tax imposed in relation to the GST payable in relation to the supply of services under these Conditions. | ||||||||
| 10.2 | Any amount payable by you under clause 2 is inclusive of GST. | ||||||||
| 10.3 | If the amount of GST paid or payable by us on a sale made to you differs from the amount of GST you have paid to us for the goods or services sold, then the amount of GST paid by you will be adjusted either by further payment by you to us or repayment to you by us of the amount of the adjustment. | ||||||||
| 10.4 | In relation to any GST paid by a party under these Conditions, including any adjustment, the payee will provide the payor with a tax invoice. | ||||||||
11. |
TERMINATION FOR BREACH |
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| 11.1 | Without prejudice to our other rights at law, we may cease supply of goods or services to you immediately by giving notice in writing if you breach any material term of these Conditions. | ||||||||
12. |
DISCLAIMER OF LIABILITY AND WARRANTIES |
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| 12.1 | The Trade Practices Act 1974 (Cth) and similar laws may confer rights and remedies on you in relation to the provision by us of goods or services ordered by you which cannot be excluded, restricted or modified (Non-excludable Rights). We do not exclude any Non-excludable Rights but we do exclude all other conditions and warranties implied by custom, law or statute. | ||||||||
| 12.2 | Except as provided for by the Non-excludable Rights:
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| 12.3 | Subject to clause 12.1, under no circumstances (including but not limited to any act or omission on our part) will we be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use, or any inability to use, our goods or services. | ||||||||
| 12.4 | To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to supply of the good or service ordered by you again or paying for their resupply. | ||||||||
13. |
GOVERNING LAW |
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| 13.1 | These Conditions will be governed by and construed according to the law of New South Wales and the parties agree to submit to the jurisdiction of the courts and tribunals of or exercising jurisdiction in that State. | ||||||||
| March 2007 | |||||||||
| ADDENDUM FOR THE USE OF ONLINE PRODUCTS | |||||||||
| The terms of this Addendum and the Conditions of Sale (Conditions) govern your relationship with Thomson Legal and Regulatory Limited ABN 64 058 914 668 (“us”) in relation to the provision of goods and services. The terms of the Addendum take precedence over the Conditions in relation to online services. | |||||||||
| 1. | Supply and Grant of Licence | ||||||||
| We grant to you a non-exclusive, non-transferable limited licence to: | |||||||||
| 1.1 | access and use data made available on the online service operated by us that you have chosen to subscribe to in your Order (the service); | ||||||||
| 1.2 | download and temporarily store insubstantial portions of such data to a storage device under your exclusive control (your network); | ||||||||
| 1.3 | internally display such downloaded data; and | ||||||||
| 1.4 | reproduce such data subject to the further limitations set out in this Addendum. | ||||||||
| 2. | Access Security | ||||||||
| 2.1 | We will provide access to the service to the number of users specified on your Order who have been issued by you with a user name and password to access your network (authorised users); | ||||||||
| 2.2 | If required, we will provide a user name and password (logon id) to authorised users who need to have access to the service other than through your network. | ||||||||
| 2.3 | If you want to use an IP authentication regime, you must ensure that the IP address you use is unique to your organisation. If not, we will issue logon ids to enable your authorised users to access the service. | ||||||||
| 2.4 | You must: | ||||||||
| (a) ensure that only authorised users access the service through your network or a logon id; | |||||||||
| (b) ensure that authorised users comply with the terms of this Addendum; | |||||||||
| (c) ensure that only the number of users specified on your Order have access to the service; | |||||||||
| (d) ensure that authorised users do not disclose their logon id or network password to a third party; | |||||||||
| (e) promptly cancel the network password of any user who ceases to be registered with, employed by or contracted to you; | |||||||||
| (f) take all reasonable steps to disable the ability of any user to access the service who breaches or fails to observe any provisions of this agreement where such breach is not remedied within 14 days of our notifying you and the user of such breach; and | |||||||||
| (g) notify us immediately if you suspect that the security of a logon id or of your own network has been compromised or if the service is being used in an unauthorised manner. | |||||||||
| 3. | Use of the Publications | ||||||||
| 3.1 | The publications appearing on the service are not a substitute for legal or other professional advice. | ||||||||
| 3.2 | Information appearing in the publications available on the service may only be used by authorised users in the ordinary course of your business and expressly for: | ||||||||
| (a) the purposes of supplying educational services, research, study or the giving of professional advice to your clients; and | |||||||||
| (b) inclusion in essays, theses, professional advices, papers, submissions, communications to and publications for your students, your clients and potential clients, the preparation of tenders, reports, submissions and other like documents (work product), provided: | |||||||||
| (i) reproduction of content in work product does not represent a substantial proportion of the content of any single publication accessed via the service, | |||||||||
| (ii) authorised users may not undertake these activities for or on behalf of an unrelated third party; | |||||||||
| (iii) the work product is not made available for sale; and | |||||||||
| (iv) recipients of the work product are not permitted to make further reproductions of such material. | |||||||||
| 3.3 | Certain software you use may not be capable of supporting the service and the performance of the service will vary with the hardware on which it is used. You must check that your network is capable of supporting the service before completing your order. | ||||||||
| 4. | Intellectual Property Rights | ||||||||
| 4.1 | All intellectual property rights in the software and the publications available on the service are and remain the exclusive property of ourselves or third party suppliers as the case may be. When using the publications and the service, you must comply with the law including, without limitation, copyright laws. | ||||||||
| 4.2 | Unless permitted by law or as otherwise expressly permitted in this Addendum, you must not, nor must you authorise any third person to: | ||||||||
| (a) reproduce, copy, download, scrape, store, publish, transmit, transfer, communicate, distribute, disseminate, sell, rent, lend or otherwise use the publications or the service, or any part of the publications or service, in any form or by any means; | |||||||||
| (b) modify or make any alterations, additions or amendments to any part of the publications downloaded from the service; | |||||||||
| (c) make the service available to any person other than an authorised user; | |||||||||
| (d) convert material downloaded from the service into an electronic format other than the one in which it was supplied; | |||||||||
| (e) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the service or reproduce all or any portion of the said components; | |||||||||
| (f) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices; | |||||||||
| (g) combine the whole or any part of the data available on the service with any other software, data or material; or | |||||||||
| (h) store or use any part of such data in an archival database or other searchable database except as forming part of any work product. | |||||||||
| 5. | Suspension or Modification of the Service | ||||||||
| 5.1 | We may discontinue or revise any or all aspects of the service or publications appearing on the service (including, without limitation, the supply of any publication through the service) at our sole discretion and without prior notice. | ||||||||
| 5.2 | We may, without notice, suspend access to the service, in whole or in part, until further notice, with immediate effect: | ||||||||
| (a) to periodically maintain or improve the publications or the service and related systems; | |||||||||
| (b) to comply with any order, instruction or request of any government, any emergency services organisation, or other competent judicial, administrative or regulatory authority; | |||||||||
| (c) if we believe that the service or the publications may be used in such a way as may constitute a breach of any provision of the Conditions or this Addendum; or | |||||||||
| (d) if you fail to pay all or part of any fee by the due date. | |||||||||
| 5.3 | Whilst we will use our best endeavours to minimise disruption to the service, unscheduled outages may occur from time to time. | ||||||||
| 6. | Consequences of Suspension and Termination | ||||||||
| 6.1 | Upon termination or suspension of your subscription for any reason, we may immediately disable access to the service and neither you nor your authorised users will be entitled to access the service. | ||||||||
| 6.2 | If we have suspended your service for failure to pay all or part of the subscription fee by the due date, we will, at our sole discretion (unless required otherwise by law), reconnect the service to you, provided you pay the full amount for which you have been invoiced. | ||||||||
| 6.3 | If we remove or modify any or all publications from the service (in accordance with clause 5.1 of this Addendum), your remedy is limited to a pro-rata refund of the subscription fee provided you have already paid for access to the relevant publication. | ||||||||
| Online Addendum 28 March 2007 | |||||||||
| TERMS & CONDITIONS FOR CONFERENCES, SEMINARS AND EVENTS | |||||||||
| Please see individual event for registration terms and conditions | |||||||||
| CONFIRMATION: You can register on our estore, by phone, fax or mail. We will contact you to confirm your registration. If you have not received confirmation of your registration please contact Thomson on 1300 304 197 to ascertain whether a place has been reserved for you. | |||||||||
| PAYMENT POLICY: Payment must be received prior to attendance. Please include your payment with this registration form. Please note that all American Express and Diners Club payments are subject to a surcharge of 2.95% | |||||||||
| CANCELLATIONS: Should you be unable to attend, a substitute delegate is always welcome. Alternatively, provided you notify us in writing 14 full days before the session, we will refund your registration fee, less a 15% service charge. Regrettably, no refunds will be made if less than 14 full days notice of cancellation is given. Thomson reserves the right to substitute the presenter or change the content of the workshop at any time without notice. If Thomson cancels a workshop for any reason, your remedy is limited to a refund of the registration fee. It is a necessity to maintain 4 or more paying delegates to receive and retain the team discount. For further discounts please see the individual events conditions of sale. | |||||||||
| PRIVACY: Thomson may occasionally contact you primarily for the purpose of direct marketing or market research. Thomson may also disclose information about you to other members of the global Thomson Corporation group of companies for such purposes. If you would prefer not to be contacted by Thomson Legal & Regulatory Limited ABN 64 058 914 668 (Thomson) for the purpose of direct marketing, please advise our Privacy Officer in writing TLRAP.privacy@thomson.com | |||||||||
| For further information regarding Thomson’s Privacy Policy, please refer to our website at www.thomson.com.au or contact our Privacy Officer at TLRAP.privacy@thomson.com.au | |||||||||
Addendums
Conditions of Sale & Online Addendum
MARCH 2007
Download Thomson Conditions of Sale & Online Addendum 
Conditions of Sale for Expert Evidence Chapters
FEBRUARY 2008
Download Terms & Conditions for Expert Evidence
