TERMS OF SERVICE
AUSTRALIAN LEGAL TECHNOLOGY ASSOCIATION LTD ABN 94 623 493 265
The Company provides the “Global Legal Tech Report” website for access to jurisdictional and global legal technology market reports, subject to these Terms of Service.
1.1 The following definitions apply in this document:
- Account means a User’s account created via the Site.
- Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
- Company means Australian Legal Technology Association Ltd ABN 94 623 493 265.
- Download Limit means the limit on the number of times a single Report can be downloaded from within the one Account as notified by the Company from time-to-time, which in default shall be a maximum of 10 downloads per Report.
- GDPR means the EU General Data Protection Regulation 2016/679.
- Intellectual Property means all rights (present and future) conferred by common law, equity or statute (and all moral rights) connected with business names, computer software, confidential information, copyright, designs, domain names, formulas, inventions, know how, patents, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
- Order means an order for one or more Reports placed by a User via the Site.
- Pricing means the price of any Report, as advertised on the Site, or otherwise in writing to the User, from time-to-time.
- Report means any written report made available for purchase via the Site.
- Site means the website https://www.globallegaltechreport.com or such other URL operated by the Company from time-to-time.
- Special Conditions means any special conditions agreed to by the parties that shall apply to this Terms of Service.
- Terms of Service means these Terms of Service accessible at the Site.
- User means a user of the Site.
2. Using THE SITE
2.1 Use of the Site is always subject to the User’s ongoing acceptance and adherence to these Terms of Service.
3. PURCHASING and accessing REPORTS
3.1 A User may purchase Reports online from the Site as made available by the Company from time-to-time. All purchases are subject to these Terms of Service
- In order to purchase a Report, the User must create an Account.
- The User must provide the Company with complete and accurate information when creating an Account.
- Pricing for each Report shall be as described on the Site, as may be updated from time-to-time.
- Pricing shall be confirmed at the time that the User completes payment.
3.4 Purchase, Payment & Order
- An Order is confirmed when the User completes payment for the Report(s) in accordance with the instructions on the Site and is sent confirmation to their Account.
- All payments shall be made via the online payment gateway on the Site or in such other manner as the Company may direct from time-to-time.
- Unless expressed otherwise, all Pricing be deemed inclusive of any taxes.
- The Company will provide the User with an invoice for each Order.
- The User may place an Order to purchase Reports before they are released on the Site.
- The Company will provide a discounted price for Report(s) where they are pre-ordered as described on the Site.
- If, for whatever reason, a Report that was pre-ordered is not completed and released by the Company, then the Company will refund in full the amount paid by any Users who pre-ordered such Report.
- All Reports that are purchased via the Site will be made immediately available to the User from within their Account.
- The User may view the Report online or download the Report in PDF format via their Account, subject to the Download Limit.
Unless agreed otherwise by the Company in writing, the following restrictions shall apply to the User with respect to use of Reports:
- Not make Reports, or the information contained therein, publicly available;
- Not share Reports, or the information contained therein, to unrelated third-parties;
- Not copy, transmit, reproduce, perform, distribute, alter, transmit or create derivative works of any Reports or any portion of or excerpts from Reports in any manner not expressly permitted in these Terms of Service;
- Not use Reports in a manner that infringes intellectual property rights (especially wrongly claiming ownership or authorship) and ensure that any citations are appropriately attributed; and
- Not use Reports in contravention of any applicable laws or regulations.
The Company does not provide refunds with respect to Reports except:
- Where required by law; or
- As otherwise provided for under this Terms of Service, and specifically under clause 3.5(c).
4. General Conditions
- By accepting these Terms of Service, the User is granted a limited, non-exclusive and revocable licence to access and use the Site for the duration of the Term, in accordance with the terms and conditions of this Terms of Service.
- The Company may issue the licence to the User on such further terms or limitations as it sees fit.
- The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of these Terms of Service by the User.
4.2 Modification of Terms
The Company may from time-to-time update these Terms of Service in its sole discretion. Unless stated otherwise by the Company in writing, such updates shall come into effect for use of the Site the next time that the User uses the Site.
- The Company provides User support for the Site via the email address firstname.lastname@example.org
- The Company shall endeavour to respond to all support requests within 3 Business Days.
4.4 Use & Availability
- The User agrees that it shall only use the Site for legal purposes and shall not use it to engage in any conduct that is unlawful, threatening, abusive or in a way that the Company deems unreasonable in its discretion.
- The User is solely responsible for the security of its username and password for access to their Account. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its Account.
- The User agrees that the Company shall provide access to the Site to the best of its abilities, however:
- Access to the Site may be prevented by issues outside of its control; and
- It accepts no responsibility for ongoing access to the Site.
The Company takes the security of the Site and the privacy of its Users seriously. The User agrees that the Client shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
4.7 Intellectual Property
- Trade marks. The Company has moral and registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
- Proprietary Information. The Site contains Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trade marks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of the Site.
- The Site. The User agrees and accepts that the Site is the Intellectual Property of the Company and the User further warrants that by using the Site the User will not:
- Copy or recreate the Site in any way; and
- Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Site or any documentation associated with it.
- Content. All content submitted to the Company, whether via the Site or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Site.
4.8 Disclaimer of Third Party Services & Information
- The User acknowledges that the Site is dependent on third-party services, including but not limited to:
- Banks, credit card providers and merchant gateway providers;
- Telecommunications services;
- Hosting services; and
- Email services.
- The User agrees that the Company shall not be responsible or liable in any way for:
- Interruptions to the availability of the Site due to third-party services; or
- Information contained on any linked third party website.
4.9 Limitation of Liability
- The User agrees that it uses the Site at its own risk.
- In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, illness, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the Site, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, illness, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
- Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
- The re-supply of services or payment of the cost of re-supply of services; or
- The replacement or repair of goods or payment of the cost of replacement or repair.
- To the extent permitted by law, the Company’s liability to the User shall be limited to the amount paid by the User in connection with the purchase of Reports from the Site.
4.10 Dispute Resolution
- If any dispute arises between the parties in connection with this Terms of Service (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
- Includes or is accompanied by full and detailed particulars of the Dispute; and
- Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
- Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) from each of the parties must meet (virtually or otherwise) and seek to resolve the Dispute.
- Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
- Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
- Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this Terms of Service.
4.11 Electronic Communication, Amendment & Assignment
- The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
- The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Terms of Service. The Company will notify the User of a change of details from time-to-time.
- The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
- A consent, notice or communication under this Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
- Notices must be sent to the parties’ most recent known contact details.
- The User may not assign or otherwise create an interest in this Terms of Service.
- The Company may assign or otherwise create an interest in its rights under this Terms of Service by giving written notice to the User.
- Special Conditions. The parties may agree to any Special Conditions to this Terms of Service in writing.
- Prevalence. To the extent this Terms of Service is in conflict with, or inconsistent with, the terms of any Special Conditions made under this Terms of Service, as relevant, the terms of those Special Conditions shall prevail.
- Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Terms of Service.
- Relationship. The relationship of the parties to this Terms of Service does not form a joint venture or partnership.
- Waiver. No clause of this Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
- Further Assurances. Each party must do anything necessary (including executing Terms of Services and documents) to give full effect to this Terms of Service and the transaction facilitated by it.
- Governing Law. This Terms of Service is governed by the laws of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
- Severability. Any clause of this Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Terms of Service.