LSJ Online Member Content Terms
Use of the Website is subject to all applicable laws and regulations. The Law Society will vigorously protect its legal rights and interests.
1.1 In these Terms 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.
Law Society means The Law Society of New South Wales ACN 000 000 699 (also referred to herein as “we”, “our” or “us”).
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, 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.
Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth).
Third Party Websites means websites which are not owned or controlled by the Law Society.
User, or You means any user of the Website.
2.1 By accessing, viewing, browsing, or using the Website in any manner, you confirm that you have read and understood these Terms, you have the capacity to be bound by these Terms, and you agree to be bound by them.
2.2 If you have not read, or if you do not accept or understand these Terms, you are not authorised to access the 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 from time to time. You should ensure that you are aware of the current Terms by carefully reading them each time you use the Website.
2.4 Notwithstanding anything in these Terms, 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 must be read subject to those statutory provisions and nothing in them is intended to alter or restrict the operation of such provisions.
3.1 In order to subscribe for access to the Website, you will need to use your LawID. If you do not have a LawID, you can obtain one by going to the following web page: http://lawid.com.au.
3.2 You are solely responsible for your use of the Website.
3.3 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 your subscription and for ensuring that all use of the subscription by you complies fully with the provisions of these Terms. You agree to notify us immediately of any unauthorised use of the subscription 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 subscription created for you, either with or without your knowledge.
3.4 Any subscription request you submit for access to the Website is subject to our acceptance.
3.5 You must pay for your subscription at the time you place your order and the Law Society will deduct all amounts owing at the time of processing your order.
4. Use of the Website
4.1 Subject to your compliance with these Terms, 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) hack into any part of the Website through password mining, phishing, or any other means;
(b) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;
(c) 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;
(d) act in a manner that negatively affects other Users, including through a denial-of-service attack or a distributed denial-of-service attack;
(e) transmit any unsolicited advertising, promotional materials or other materials that contain any solicitation with respect to products or services, unless expressly authorised by the Law Society; or
(f) 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 the Website, does not, under any circumstances, constitute legal or professional advice.
5. Purchase and Refund Policy
5.1 Any subscription you make via the Website will be handled in accordance with our Purchase and Refund Policy at https://www.lawsociety.com.au/purchase-refunds-terms-conditions.
5.2 By placing an order for subscription, 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. Intellectual Property
7.1 Users of the Website are granted a non-exclusive, non-assignable and non-transferrable licence to use the Website only accordance with these Terms. Nothing in these Terms or the Website constitutes a transfer of any Intellectual Property Rights to you.
7.2 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 in these Terms;
(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.
7.3. 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).
7.4 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 Law Society’s Website are registered trade marks owned by third parties and have been reproduced on this website with the agreement of those third parties.
7.5 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 the Website and are not explicitly licensed.
8.1 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.
8.2 Third Party Websites are subject to the terms and conditions outlined by that third party.
8.3 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.
9. No Liability
9.1 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.
9.2. To the fullest extent permitted by law but subject always to clauses 2.4 and 9.3:
(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;
(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; or
(iii) that the operation of the Website will be uninterrupted or error free.
9.3 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).
9.4 If the statutory provisions outlined in clause 2.4 apply, notwithstanding any other provision of these Terms, 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.
9.5 The Law Society will under no circumstances be liable for any indirect, incidental or consequential loss or damage arising in relation to usage of the Website.
10.1 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 these Terms, 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.
10.2 For the avoidance of doubt, the indemnity in clause 10.1 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.
11. Mobile Applications
11.1 If you are accessing our services using a mobile device or phone (device), some of the Content may be limited or restricted.
11.2 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.
12.1 We may amend, remove, alter or vary any of the Content at any time, without prior notice to you.
13.1 If a provision (or part of any provision) of these Terms 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 will not be affected.
14.1 If the Law Society reasonably considers you have breached these Terms, 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.
15. Applicable Law
15.1 These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.
15.2 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.