Website Terms of Use

These Terms of Use govern access to and use of the website of the Law Society of New South Wales (Law Society, or we, us or our): www.lawinform.com.au (the Website), including any purchases you make via the Website. By accessing the Website, including making a purchase via the Website, you acknowledge and accept these Terms of Use and the Law Society’s Privacy Policy. You agree that the then current version of the Terms of Use and the Privacy Policy applies to your use of the Website. If you do not agree with them, you should not use the Website or register a LawInform account. If you have any questions, please contact us at education@lawinform.com.au.

Use of the Website is subject to all applicable laws and regulations. The Law Society will vigorously protect its legal rights and interests.

1.
Definitions
1.1

In these Website Terms of Use the following words have the meanings set out below:

Content means all content contained on the Website, including without limitation any text, graphics, user interfaces, visual interfaces, photographs, icons, advertisements, databases, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available on the Website.

Intellectual Property Rights means any trade marks, copyright, patents, design rights and all other forms of intellectual property rights vesting in the Content used, displayed, or made available on the Website.

Item(s) means the Continuing Professional Development services, comprising both face-to-face seminars, courses and events and interactive learning modules made available to Users via live webcasts and video podcasts, that are advertised for sale on the Website catalogue.

Loss or Claim means any damage, losses (including consequential loss and loss of profit), costs or expenses (including reasonable legal fees) or liability incurred by a person, or a claim, action, proceeding or demand under or in connection with these Terms of Use, whether arising under contract, negligence or any other tort, under statute or otherwise at all.

Member means an individual who holds a valid Solicitor membership or Associate membership with the Law Society of New South Wales.

Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth).

Registered User means any User that has completed the LawInform account registration process on the signup webpage.

Third Party Websites means websites which are not owned or controlled by the Law Society.

User, or You means any user of the Website.

2.
General
2.1

By accessing, viewing, browsing, or using our Website in any manner, you confirm that you have read and understood our Terms of Use, you have the capacity to be bound by our Terms of Use, and you agree to be bound by them.

2.2

If you have not read, or if you do not accept or understand the Terms of Use, you are not authorised to access this Website. You further agree that we will not be liable to you for any Loss or Claim arising out of, or in connection with, your unauthorised access of the Website.

2.3

The Law Society may amend these Terms of Use from time to time. Any material amendments will be notified to you on the Website. You should ensure that you are aware of the current Terms of Use by carefully reading them each time you use the Website.

2.4

Not withstanding anything in these Terms of Use, certain legislation including the Competition and Consumer Act 2010 (Cth), may imply warranties, conditions or guarantees or impose obligations or remedies which cannot be excluded, restricted or modified except to a limited extent. To the extent that such legislation applies, these Terms of Use must be read subject to those statutory provisions and nothing in them is intended to alter or restrict the operation of such provisions.

3.
Registration
3.1

In order to access some of the functionality of the Website, including to make purchases of Items via the Website, you will need to become a Registered User. To become a Registered User you must:

(a) be capable of forming a legally binding contract;

(b) agree to be bound by the Terms of Use; and

(c) for Members, create a new profile by entering your first name, surname, email address, city and country details as well as your Member identification number on the signup webpage; or

(d) for non-Members, create a new profile by entering your first name, surname, email address, city and country details.

3.2

You are solely responsible for the use of your LawInform account and must ensure that you keep all passwords secure. All use of your account is deemed to be use of the Website by you for the purposes of these Terms of Use.

3.3

When registering a LawInform account with us, you must provide us with accurate and complete information and update it as necessary. It is your responsibility to inform us of any changes to that information (including without limitation your email address), by updating your profile details on the relevant section of the Website.

3.4

The right to use the Website is personal to you and is not transferrable to any other person or entity. You are entirely responsible for any and all activities that occur under the account and for ensuring that all use of the account by you complies fully with the provisions of these Terms of Use. You agree to notify us immediately of any unauthorised use of the account or any other breach of security. The Law Society will not be liable for any Loss or Claim that arises as a result of someone using the account created for you, either with or without your knowledge.

4.
Use of the Website
4.1

Subject to your compliance with these Terms of Use, the Law Society grants to you a non-exclusive and non-transferrable right to access and use the Website for your own personal use. You must not exploit any Content for commercial benefit. Any other use of the Website is expressly prohibited.

4.2

You must not use the Website to:

(a) provide or upload false or misleading information, create a false identity or use or attempt to use another person’s LawInform account;

(b) hack into any part of the Website through password mining, phishing, or any other means;

(c) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;

(d) circumvent the Website’s structure, presentation or navigational function so as to obtain information the Law Society has chosen not to make publically available through the Website;

(e) act in a manner that negatively affects other Users, including through a denial-of-service attack or a distributed denial-of-service attack;

(f) transmit any unsolicited advertising, promotional materials or other materials that contain any solicitation with respect to products or services that are not deemed Items, unless expressly authorised by the Law Society; or

(g) attempt to modify, reverse engineer, or reverse-assemble any part of the Website.

4.3

Without limiting clause 4.2 above, you must comply with all applicable laws, regulations, codes or standards when using the Website.

4.4

You acknowledge and agree that the information published by the Law Society on its Website, does not, under any circumstances, constitute legal or professional advice.

5.
Order process
5.1

Any order you submit via our Website is subject to our acceptance of your order and the availability of Items. Until you complete a purchase, any Item(s) in your cart are not reserved and may be purchased by other customers.

5.2

You must pay for an Item at the time you place your order and the Law Society will deduct all amounts owing at the time of processing your order.

6.
Purchase and Refund Policy
6.1

Any purchases you make via the Website will be handled in accordance with our Purchase and Refund Policy.

6.2

By placing an order via the Website, you confirm that you have read and understood our Purchase and Refund Policy, you have the capacity to be bound by our Purchase and Refund Policy, and you agree to be bound by its terms.

7.
Change to Items
7.1

The Law Society may withdraw and/or re-offer any Item listed for sale on the Website if the Item:

(a) becomes unavailable;

(b) is withdrawn by the manufacturer or supplier; or

(c) was incorrectly described or listed.

8.
Privacy
8.1

Any Personal Information collected by the Law Society through the Website will be handled in accordance with our Privacy Policy.

9.
Intellectual Property
9.1

Users of the Website are granted a non-exclusive, non-assignable and non-transferrable licence to use the Website only accordance with these Terms of Use. Nothing in these Terms of Use or the Website constitutes a transfer of any Intellectual Property Rights to you.

9.2

You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Content, or the layout or design of the Website, except as:

(a) expressly authorised either in the Website or these Terms of Use;

(b) permitted under the Copyright Act, including for any fair dealing purposes such as private study, research, criticism or review; or

(c) authorised in writing by the Law Society.

9.3

The Law Society owns or is entitled under licence to all rights, title and interests (including present and future copyright) in the Website. All material including domain names, company and business names, text, graphics, images, photographs, designs, illustrations, diagrams, logos, buttons, icons, software, and all products and services described on the Website are owned exclusively by the Law Society, its related bodies corporate or others who have licensed their material to the Law Society (unless expressly indicated otherwise).

9.4

The Law Society and Specialist Accreditation logos are registered trade marks of the Law Society and may only be reproduced with the written consent of the Law Society. A number of logos appearing on the Website are registered trade marks owned by third parties and have been reproduced on this website with the agreement of those third parties.

9.5

The Law Society reserves the right to all other intellectual property that is inherent in other information, products, processes or technologies which form part of this Website and are not explicitly licensed.

10.
Links
10.1

The Website may include links to Third Party Websites. The Law Society makes no guarantee as to the content, functionality, or accuracy of any Third Party Websites.

10.2

Third Party Websites are subject to the terms and conditions outlined by that third party.

10.3

Any links to Third Party Websites do not:

(a) indicate a relationship between the Law Society and the third party; or

(b) indicate any endorsement or sponsorship by the Law Society of the Third Party Website, or the goods or services it provides, unless specifically indicated by the Law Society.

11.
No Liability
11.1

The Law Society uses reasonable endeavours to ensure the accuracy of the information on the Website, however, the Law Society assumes no responsibility for any errors or omissions in the information available on the Website.

11.2

To the fullest extent permitted by law but subject always to clauses 2.4 and 11.3:

(a) the Website and all Content is provided to you "as is" and on an "as available" basis, without any representation or endorsement and without warranty or guarantee of any kind and the Law Society excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise) except as expressly set out in these Terms of Use;

(b) the Law Society does not guarantee:

(i) the accuracy, completeness or timeliness of the Content;

(ii) continuous, uninterrupted or secure access to the Website or that its servers are free from viruses (including malware or spyware), bugs or other destructive properties or that defects will be corrected;

(iii) that the operation of the Website will be uninterrupted or error free; or

(iv) that the Record of Learning represents a complete record of your completed and/or in progress CPD modules. Users will be responsible for manually entering the details of CPD modules completed and/or in progress that are not purchased via the Website to the Record of Learning. The Law Society takes no responsibility for the accuracy or completeness of such manual entries.

11.3

To the full extent permitted by law, the Law Society is not liable to you or any third party for any Loss or Claim in connection with:

(a) your use of, or reliance on, the Website (or in any of the Content) however caused;

(b) any disruption or other difficulties in accessing or using the Website; or

(c) the accuracy, timeliness, quality, utility or completeness of the information contained on the Website (or in any of the Content).

11.4

If the statutory provisions outlined in clause 2.4 apply, notwithstanding any other provision of these Terms of Use, to the extent that the Law Society is entitled to do so, the Law Society limits its liability in respect of any claim under those provisions to (at its option):

(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and

(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

11.5

The Law Society will under no circumstances be liable for any indirect, incidental or consequential loss or damage arising in relation to any transaction entered into with, or any Items purchased by, you through the Website.

12.
Indemnity
12.1

You agree to indemnify and hold harmless the Law Society, its employees, contractors, agents, and officers from and against any Losses or Claims arising out of or in connection with your breach of the Terms of Use, the violation or breach of any laws (including any act of fraud by or on behalf of you), or the infringement of the rights of any third party.

12.2

For the avoidance of doubt, the indemnity in clause 12.1 will extend without limitation to any Losses or Claims the Law Society may suffer as a result of the use by third parties of your account, except in circumstances where you can demonstrate to the Law Society's satisfaction that such third party obtained the relevant details through no fault of your own.

13.
Mobile Applications
13.1

If you are accessing our services using a mobile device or phone (device), some of the Content may be limited or restricted.

13.2

You acknowledge and agree that your use of the Website on your device may be subject to separate charges imposed by your mobile phone service provider (carrier), such as data usage charges and phone charges, for which you will be solely responsible.

14.
Content Amendments
14.1

We may amend, remove, alter or vary any of the Content at any time, without prior notice to you.

15.
Severability
15.1

If a provision (or part of any provision) of these Terms of Use is invalid or unenforceable in a jurisdiction, that provision or part provision will, to the extent required, be deemed to be deleted in that jurisdiction to the extent of the invalidity and unenforceability, and the validity and enforceability of the other provisions of these Terms of Use will not be affected.

16.
Termination
16.1

If the Law Society reasonably considers you have breached these Terms of Use, the Law Society may (at its option, and without limiting the remedies available to it in any way) bar you from accessing the Website on a permanent or temporary basis. If this occurs, you must not access or use the Website during the period of your suspension.

17.
Applicable Law
17.1

These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia.

17.2

The parties agree that the courts of New South Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms of Use.

Last modified: Tuesday, 21 November 2017, 5:19 PM