Index


NSWLR Website – General terms of use

Current as at 26 June 2018

1.          The NSWLR website

1.1       We are the Council of Law Reporting for New South Wales (ABN 52 224 787 386), a statutory authority established by the Council of Law Reporting Act 1969 (NSW).

1.2       In these Terms "we", "us", "our" or "CLRNSW" means the Council of Law Reporting for New South Wales; "you" or "your" means you, the subscriber.

1.3       We publish the law reports of the judicial decisions of the superior courts in NSW (“Reports”). By accessing, using or browsing this website you agree to be bound by these terms and conditions, the Privacy Statement, the relevant subscription terms if you purchase a subscription (either the print or online terms) and any and all other terms contained on this website (collectively the “Terms”). If you purchase an individual report to download, you acknowledge that these general terms of use will apply. If you do not accept the Terms cease using this website and do not download reports or purchase a subscription.

1.4       If there is data on this website that you require and it is in a format you cannot access, or if you experience any other accessibility difficulties, please advise us by email at [email protected] or telephone on +61 2 9223 9028.

1.5       We reserve the right to amend the Terms from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the Terms as amended.

2.          Specific Warnings

2.1       We do not accept any responsibility for the content of any material, including Reports provided via this website, and provide no warranty or guarantee whatsoever as to the accuracy, completeness, adequacy or currency of the Reports or any information available on or through this website.

2.2       Your use of Reports accessed via this website or materials linked from this website is at your own risk.

2.3       You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  For the removal of doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of this website or any linked website.

2.4       We do not accept any responsibility for malfunctions to computer systems, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information, you may experience when accessing our website.

3.          Disclaimer

3.1       Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement of goods, resupply or fixing a problem with services or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

3.2       Except as required by law, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of:

a.          your use of this website or any linked website;

b.          any loss arising out of your use of, reliance on or failure to act, on any information contained on or accessed through this website or any linked website;

c.          errors, mistakes or omissions on this website;

d.          goods or services featured on this website; and/or

e.          any failure or omission on our part to comply with our obligations as set out in the Terms.

3.3       Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

4.          Restricted Use

4.1       You must ensure that your access and use of this website is not illegal or prohibited by laws which apply to you.

4.2       You may not interrupt or attempt to interrupt the operation of the website in any way, or use the website in a manner that adversely affects the availability of its resources to others.

4.3       You may not use the website for any illegal purpose or in any manner that is inconsistent with the Terms.

4.4       You may not interrupt or attempt to interrupt the operation of the website or third party’s access to Reports in any way or use the website in a manner that adversely affects the availability of its resources to others.

5.          Content, third party websites and information

5.1       This website contains links to other websites, including websites operated by third parties. If you access such linked websites, you acknowledge that you do so at your own risk. We are not responsible for the content or privacy practices associated with linked websites or third party advertisements. The inclusion of any link does not imply endorsement by CLRNSW of such sites or their content. 

6.          Intellectual property

6.1       Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned by us or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth), and except as expressly authorised by the Terms, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website, without our prior written permission.

6.2       We grant you a limited license to access and make personal use of this website. This website and its content may not be reproduced, duplicated, copied, downloaded, sold, resold, visited, or otherwise exploited for any commercial purpose without our express consent.

6.3       Unless we have given you our express consent, any Reports that are downloaded on a pay-per-view basis, may only be used by the individual who downloaded the Report.

6.4       You may not use of any trade marks appearing on the website, without the written permission of the trade mark owner.

7.          Indemnity

7.1       You will, to the maximum extent permitted by law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the “Indemnified Party”) from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of your use of the website or other services we provide.

8.          Privacy

8.1       CLRNSW will take reasonable steps to protect the personal information held about you in accordance with our Privacy Statement published on the website.

9.          Cookies

9.1       As noted in our Privacy Statement, the website contains cookies. We will only use information obtained via cookies to learn about your preferences to improve the website and our services. CLRNSW may from time to time receive and store certain information relating to your use of, and behaviour on, the website. This information is commonly referred to as ‘clickstream’ information. For example, CLRNSW may record information such as the areas of the website you have accessed, the time, date and URL of the pages requested by you, your IP address and your browser software.

10.       General

10.1    We are not liable for any delay or failure to perform our obligations if such failure or delay is due to any cause outside of our reasonable control.

10.2    If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

10.3    These Terms are governed by the laws in force in the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.

CLRNSW Terms and Conditions (Online Subscriptions)

These terms and conditions (“Terms”) apply if you have an online subscription to the NSW Law Reports and are accessing these reports via our website, www.nswlr.com.au (“Website”).

Our Privacy Statement and website’s General Terms of Use will also apply to you. If you purchase both an online subscription and a print subscription you will be bound by both these Terms and the terms and conditions relevant to print subscriptions.

PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING ANY ORDER WITH US. If you are unable to access the Terms in full, or have difficulty reading them please contact us for assistance.

We may amend these Terms from time to time without notice to you. Each time you wish to order from us you should check these Terms via the Website to ensure you understand the current terms which will apply. These Terms were most recently updated on 26 June 2018.

1.     About us and our products

1.1.         We are the Council of Law Reporting for New South Wales (ABN 52 224 787 386), a statutory authority established by the Council of Law Reporting Act 1969 (NSW).

1.2.         In these Terms "we", "us", "our" or "CLRNSW" means the Council of Law Reporting for New South Wales; "you" or "your" means you, the subscriber and includes any individual users from within your organisation who will be accessing the digital service (“User”).

1.3.         We publish the law reports of the judicial decisions of the superior courts in NSW. To access these reports online (“Online Reports”) as an Australian based subscriber you need to purchase a digital subscription from LexisNexis or Thomson Reuters. These platforms have their own terms of use.

1.4.         Individual reports may be downloaded from the Website. Non-Australian based subscribers may purchase a digital subscription via our Website. These Terms only apply to Online Reports made available via our Website.

1.5.         Our Privacy Statement and General Terms of Use (available on our Website) form part of these Terms. By accepting these Terms, you agree to be bound by the terms of our Privacy Statement and our General Terms of Use.

2.     Placing an order

2.1.         You can place an order for Online Reports through our Website. Your order is only accepted when payment has been successfully processed and this is the point at which a binding contract (incorporating these Terms) is made between you and us.

2.2.         We expect you to notify us promptly of any change to your contact details, including your email address, so that we can ensure you receive our communications relating to your subscription.

3.     Technical requirements

3.1.         You acknowledge that in order to receive Online Reports you may need to update your browser (to, at least, Internet Explorer version IE11, or equivalent). If you are using an outdated browser, you may not be able to access the Online Reports.

4.     Subscription fee and payment

4.1.         You must pay the current subscription fee for the relevant subscription type as specified on the Website. Your fee will depend on the number of Users within your organisation.

4.2.         All subscription fees quoted on our website are for a financial year in Australia, commencing 1 July and ending on 30 June in the following year.  If you purchase a subscription in the second part of a financial year (i.e. after 31 December), the subscription fee will be 50% of the subscription fee quoted on our website. The “Subscription Period” is:

a.   twelve months commencing on 1 July and ending on 30 June in the following year; or

b.   if you purchase the subscription after 31 December, six months commencing on 1 January and ending on 30 June.

4.3.         Unless otherwise specified in the invoice or on our Website, the subscription fee is exclusive of GST.

4.4.         We may amend the price of any product or service from time to time by posting an amended price on our Website.

5.     Warranties and indemnities

5.1.         Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement of goods, resupply or fixing a problem with services or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

5.2.         Subject to clause 5.1 and to the maximum extent permitted by law, the Online Reports and our services to you are provided on an “as is” basis. We exclude all representations or guarantees, whether express or implied. In particular, CLRNSW does not represent or warrant that the Online Reports will be:

a.     error-free;

b.     up-to-date;

c.     free of viruses or other harmful components; or

d.     always accessible.

5.3.         Subject to clause 5.1 and to the maximum extent permitted by law, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of:

a.     your use of any Online Reports;

b.     technical issues you encounter when accessing the Online Reports;

c.     the content of the Online Reports;

d.     any errors or omissions in any Online Reports;

e.     any periods when the Website is unavailable and the Online Reports cannot be accessed; or

f.      any delay or failure in performance beyond our reasonable control.

5.4.         Our liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage. In any event, subject to clause 5.1 and to the maximum extent permitted by law, our total liability to you shall not exceed the lesser of your actual direct damages or the latest subscription fee you paid.

6.     Subscription terms

6.1.         If you purchase an online subscription we will grant each User a limited licence to access the Online Reports for the duration of your Subscription Period, namely the right to access, print and/or store a reasonable portion of the Online Reports for this period, for the internal and non-commercial purposes only of:

a.     research and study;

b.     providing professional services to your clients; and/or

c.     providing academic services to students.

6.2.         You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from any material accessed via this Website, including the Online Reports.

6.3.         Except as specifically provided in these Terms, or as permitted under the Copyright Act 1968 (Cth), you are prohibited from downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing or using the Online Reports.

6.4.         You may not remove or obscure the copyright notice or other notices or watermarks contained in Online Reports.

6.5.         If you cancel your subscription for any reason we will continue to deliver your subscription for the remainder of the current Subscription Period unless you notify us otherwise.

6.6.         Subject to clause 5.1, once you have paid the subscription fee for a relevant Subscription Period you will not be entitled to any refund for that period.

7.     General

7.1.         You are responsible for ensuring that only authorised Users have access to the Online Reports and that they each access and use the Website in accordance with these Terms.

7.2.         We are not liable for any delay or failure to perform our obligations if such failure or delay is due to any cause outside of our reasonable control.

7.3.         If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

7.4.         These Terms are governed by the laws in force in the State of New South Wales, Australia.  You agree to submit to the exclusive jurisdiction of the courts of New South Wales.