Online terms of trade for Westlaw™ and Checkpoint™ in Australia

Your use of the online services (“the Services”) provided by Thomson Reuters (Professional) Australia Limited (ABN 64 058 914 668) ("us") via this website is subject to the conditions set out in this document. Your use of the Services is deemed acceptance of these terms. If you do not agree to these terms, please exit the Services now and delete all records on your system:

1. SUPPLY AND GRANT OF LICENCE

1.1 Subject to the further terms and conditions set out in this document, you are granted a non-exclusive, non-transferable limited licence to:

    (a) access and use data made available on the Services in the territory in which your Organisation has been licensed to use the Services (if unsure, please check before commencing use);

    (b) download and temporarily store insubstantial portions of such data to a storage device under the exclusive control of the organisation that has subscribed to the Services and with whom you are registered as a user (“your Organisation”);

    (c) internally display such downloaded data; and

    (d) reproduce such data subject to the further limitations set out in these terms of use.

1.2 Where you have purchased access to data on a transactional basis, that data will be made available to you on a single subscriber basis only for a period of 24 hours. You may not distribute that data to other users or third parties unless you have obtained an express licence from us for that purpose.

2. ACCESS SECURITY

2.1 You:

    (a) may only access the Services using the registration key provided by us to enable creation of a OnePass account for accessing the Services or the user name and password provided to you by your Organisation (“Network Access Details”);

    (b) must comply with these terms of use and the Thomson Reuters Terms of Trade v13 (04/15) (“Terms”) which can be viewed at http://opwebppe-publish.int.thomsonreuters.com/content/australia/en/product-terms/terms-of-trade.html;

    (c) must not disclose your registration key, OnePass account or Network Access Details to a third party or provide access to the Services or use the Services on behalf of an unauthorised third party;

    (d) may not access the Services if you are no longer registered with, employed by or contracted to your Organisation; and

    (e) must notify us immediately if you suspect that the security of a registration key or OnePass account or of your Organisation's network has been compromised or if the Services are being used in an unauthorised manner.

2.2 If you are accessing the Services on an academic institution’s network, you may only do so if you are currently registered with the faculty licensed to make use of the Services. If you are accessing the Services as a member of a public library, you may not access the Services remotely nor may you use the Services for anything other than private individual use. If your use of the Services would be in breach of this clause 2.2, you must immediately close the application.

3. USE OF THE PUBLICATIONS

3.1 The publications appearing on the Services are not a substitute for legal or other professional advice.

3.2 Information appearing in the publications available on the Services may only be used by you in the ordinary course of the activities of your Organisation and expressly for:

    (a) the purposes of research, study, supplying educational services, the giving of professional   advice or for use in legal proceedings; or

    (b) inclusion in essays, theses, professional advices, papers, submissions, communications to and   publications for students, 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 Services;

        (II) you may not undertake these activities for or on behalf of a third party unrelated to your     Organisation;

        (III) the Work Product is not made available for sale;

        (IV) where you are accessing a news service, you may not communicate, download or reproduce any content from that service at all without first obtaining our express prior written permission; and

        (V) recipients of the Work Product are not permitted to make further reproductions of such material.

3.3 Notwithstanding sub-clauses 1.1(b) and 3.2(b)(i), if the Service you have accessed is a service that contains or comprises precedent forms or agreements, you may download a precedent in whole or in part and merge it with your Work Product, provided that you nevertheless comply in all other respects with the provisions of the Terms and these terms of use.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 All intellectual property rights in the software and the publications available on the Services are and remain the exclusive property of ourselves or third party suppliers as the case may be. When using the publications and the Services, you must comply with the law including, without limitation, copyright laws.

4.2 Unless permitted by law or as otherwise expressly permitted in these terms of use, 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 Services, or any part of the publications or the Services, 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 Services;

    (c) make the Services available to any person other than a user in your Organisation that has been authorised to access the Services;

    (d) convert material downloaded from the Services 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 Services 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 Services 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. HYPERTEXT LINKS AND BLOGS

5.1 The Services may contain material submitted by third parties, hypertext reference links or other pointers to internet websites operated by third parties and/or the capacity to conduct federated searches of third party websites. This functionality or material is provided for your convenience only.

5.2 We do not accept responsibility for the contents of any linked website, any hypertext reference link contained in a linked website or any material submitted by third parties. The opinions expressed on any blog are those of the individual users, authors or contributors and are not necessarily shared by us.

5.3 The inclusion of any hypertext reference link or publication of any material submitted to a blog does not imply any sponsorship, endorsement or approval of that material by us.

5.4 Subject to clause 13.1 of the Terms, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any such material or functionality.

5.5 You link to any such website entirely at your own risk. When visiting other websites you should refer to each such website's individual terms of use and not rely on these terms of use.

5.6 Where we have provided you with the means to post any material to a blog, it is a condition of use of that service that you accept full responsibility for the content you submit. In doing so, you warrant that the material you post is not obscene, indecent, objectionable or libellous nor does it infringe any third party intellectual property rights. You also warrant that our publication of that content will not expose us to civil or criminal proceedings.

5.7 We reserve the right to remove any material from the Services that violate these terms of use or which we (in our sole discretion) consider to be in any other way objectionable.

6. ALERT24 SERVICE

If you subscribe to the Alert24 service, the service includes content brought to you by AAP subject to the following copyright and disclaimer notices.

© AAP

AAP content is owned by or licensed to Australian Associated Press Pty Limited and is copyright protected. AAP content is published on an "as is" basis for personal use only and must not be copied, republished, rewritten, resold or redistributed, whether by caching, framing or similar means, without AAP's prior written permission. AAP and its licensors are not liable for any loss, through negligence or otherwise, resulting from errors or omissions in or reliance on AAP content. The globe symbol and "AAP" are registered trade marks.

7. USING OUR RSS FEED FUNCTIONALITY

7.1 If you use our RSS Feed Functionality to download data from the Services for display on a site under your Organisation's control, such use is subject to these terms of use and, to the extent not already covered by the terms of use, these following conditions:

    (a) you can only use that content in the ordinary course of your business;

    (b) you may not charge third parties either directly or indirectly for access to that data;

    (c) you must include an acknowledgment that the data is “published by and reproduced with the permission of Thomson Reuters”;

    (d) you must not suggest any endorsement by or association with Thomson Reuters;

    (e) where possible, you must provide a link back to the publications from which the summary information originated, or display the url at which they can be accessed; and

    (f) you acknowledge that we have absolute control over the data that you have chosen to include within the display via the RSS Feed and that that data may be withdrawn from publication at any time at our sole discretion.

8. DISCLAIMER OF LIABILITY AND WARRANTIES

8.1 If any law or regulation including but not limited to the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, confers rights and remedies on you in relation to the provision by us of the Services 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.

8.2 Except as provided for by the Non-excludable Rights:

    (a) the Services are provided without warranties of any kind, either express or implied;

    (b) we do not warrant that the Services will be complete or free from all errors;

    (c) we do not warrant that information will continue to be available to us to enable us to keep the Services up-to-date; and

    (d)all representations are expressly excluded and you have not relied on any representations when using the Services.

8.3 Subject to clause 8.1, 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, the Services.

8.4 To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded, but can be limited, is limited, at our option to supply the Services to you again or paying for their resupply.

9. SUSPENSION OR MODIFICATION OF THE SERVICES

9.1 We may discontinue or revise any or all aspects of the Services or publications appearing on the Services (including, without limitation, the supply of any publication through the Services) at our sole discretion and without prior notice to take account of (for example but without limitation) changes in law or circumstance relating to the publication of that service.

9.2 We may suspend access to the Services, in whole or in part, until further notice, with immediate effect:

    (a) to periodically maintain or improve the publications or the Services 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; or

    (c) if we believe that the Services or the publications may be used in such a way as may constitute a breach of any provision of the these terms of use.

9.3 We will endeavour, where possible to provide you with reasonable notice of such suspension.

9.4 Whilst we will use our best endeavours to minimise disruption to the Services, unscheduled outages may occur from time to time.

10. CONSEQUENCES OF SUSPENSION OR MODIFICATION

10.1 Upon termination or suspension of your Organisation's subscription for any reason, we may immediately disable access to the Services and neither you nor your Organisation will be entitled to access the Services. 

v6 (04/15)