Summary of Changes to
our Terms and Conditions - August 2011

Conditions of Sale

Clause 1.3:

We have made changes to this clause to more clearly explain our process for periodically updating these conditions.

We may make changes to these Conditions from time to time to accommodate changes in law, business practice or the introduction of new products or services. If we do, we will notify you in writing at least 30 days before they those changes take effect. Your acceptance of further products and services and/or payment of further instalments due after the date we notify you of a change is deemed acceptance of those changes. If you do not want to accept the changes, you are entitled to terminate any ongoing subscription affected by written notice to us within 30 days after receiving notice of before the relevant changes take effect.

Clause 2:

2.3 This is a new clause to implement transactional or pay per view billing for those customers that decide they would like to have that functionality available in Westlaw AU:

If you subscribe to an online service that permits you to purchase access to additional data on a transactional basis, you will be charged per transaction. Data accessed on a transactional basis may be viewed in the online service for a period of 24 hours only from the time of purchase. You will be billed and required to pay for such transactions on a monthly basis.

2.6 This change is made to accommodate the introduction of the Competition and Consumer Act 2010 (Cth)

All American Express and Diners Club payments are subject to a surcharge. We reserve the right to make changes to this surcharge from time to time or to extend the surcharge to other methods of payment. If we do make any changes, we will give you reasonable notice in writing before the changes take effect.

Clause 4:

4.3 This change is made to accommodate the introduction of the Competition and Consumer Act 2010 (Cth)

You are liable to pay in full the price of any products delivered to you. If you fail to pay for products by the due date for payment, we will be entitled, upon reasonable notice, to retake possession of the products, resell them and keep the proceeds of the sale. Any shortfall remaining in the amount owing after resale will remain a debt owed by you.

Clause 4

4.4 This clause has been slightly modified to enable PDF licensing to be extended to a greater set of content. The key change is that we have clarified that the standard PDF licence price is for a single user only unless the customer has negotiated a multi-user licence.

The purchase of a pdf copy of a publication in PDF format does not constitute the assignment of any intellectual property rights in that work to you. You are provided with a perpetual, non-transferable, non-exclusive limited licence to reproduce download and access the relevant work in PDF format for the individual use of your organisation private individual use only. If you wish to re-distribute within your organisation, you must obtain an express licence from us to do so.

Clause 5.2:

This change is to better explain our reasons for sometimes having to discontinue a product or service:

We can immediately cancel your subscription to a product or service at any time by giving you written notice if, for example, there are changes in law or circumstance relating to the ongoing availability of that product or service. If we do that, we will refund you, on a pro rata basis, any part of the subscription fee that you have already paid that relates to the unused portion of that subscription.

Clause 6:

The purpose of this new clause is to accommodate the sale of advertising services such as those sold in respect of our media products, Australian Legal Business, the ACLA journal and Recruitment Extra:

ADVERTISING SERVICES

1. 6.1 If you purchase advertising space in one of our magazines, we will send you a confirmation order setting out the applicable costs, the size of the advertisement and the edition(s) in which your advertisement will be published. We will process your order once you have accepted the terms set out in the confirmation order, including these Conditions of Sale.
2. 6.2 Unless you have requested us to design the artwork for your advertisement, you will be required to provide the draft artwork by the dates specified by us.
3. 6.3 Once we receive your draft artwork, we will format it for publication and send you the final proof for your written approval by the specified deadline.
4. 6.4 If you fail to provide the artwork timeously or to approve the final proof by the deadlines specified, we may not be able to publish your advertisement. Note that you will nevertheless be liable for the fee specified in your order.
5. 6.5 You warrant that you are authorised to provide us with the artwork or any other content for publication in the magazine and that such material will not infringe any third party intellectual property rights, will not be in breach of any applicable laws or regulations and will not be obscene or defamatory.

Clause 7:

The purpose of changes to this clause is to set out in greater detail our policy in relation to returns and cancellations:

7. RETURN OF PRODUCTS GOODS AND CANCELLATION OF SUBSCRIPTIONS

7.1 You can only return goods to us products or cancel a subscription that you have purchased subscriptions if you do the following:

1. a. Non-Subscription Products
   You must notify us writing within 30 days of the date of the invoice that you want to cancel an order for a non-subscription product.
2. b. Subscription Products and Services
   You must notify us in writing that you wish to cancel your order for a any subscription product within no later than 30 days after the date of receiving your first invoice from us, otherwise. If you want to cancel after the first invoice:
   1. i. Fixed term subscriptions - you may only cancel within if you notify us no later than 30 days after the date of receiving a any renewal invoice. If you cancel an order for a fixed term subscription product outside the 30 day period more than 30 days after the date of the renewal invoice, your cancellation will only take effect at the end of the current twelve month period for an annual fee subscription product. In the case of other subscription products period for which you have already been invoiced.
   2. ii. Charge per update subscriptions - where you are invoiced for each update, you may cancel the update no later than 30 days from the date of the invoice for that update. If you want to cancel the entire subscription i.e. no longer receive updates for that subscription, you can cancel at any time, but you will not receive a refund or credit for updates already invoiced more than 30 days prior to your cancellation.

7.2 Whenever you notify us that you wish to return goods a product or cancel a subscription service you must: (a) include the provide us with the invoice number and product or service title (and ISBN/ISSN/Product Code Code, the title, quantity and invoice number of the goods; and (b) return the goods to us where relevant), (b) tell us the number of copies you wish to return or the number of users for whom access will be terminated; and (c) in the case of print or CD, return the relevant items in their original condition.

7.3 If you fulfil the conditions in clauses 7.1 and 7.2, we (in our absolute discretion) will either issue you with a credit or refund the purchase price or subscription fee paid by you for the returned goods.

7.4 Except where required by law, you will not be entitled to a refund or credit if you cancel an order but do not complete all of the steps set out in clauses 7.1 and 7.2 above. Returning goods products or cancelling a service outside the return period will NOT entitle you to a refund or exempt you from paying the balance of the purchase price fee or charge due.

7.5 You may not return a publication purchased in PDF format nor may you cancel the purchase of access to data where you have accessed that data on a transactional basis.

Clause 9:

This change is made to accommodate the introduction of the Competition and Consumer Act 2010 (Cth)

If you default in performing your obligations under these Conditions and we incur expenses in enforcing our rights under these Conditions (for example and without limitation, expenses incurred by us in recovering any moneys owed by you to us), you must pay those expenses to us any reasonable costs on demand (including all legal costs on a full indemnity basis).

Clause 12:

This change introduces a reciprocal right to terminate for cause:

Without prejudice to our any other rights at law, we may cease supply of goods or services to you immediately either party may terminate these Conditions by giving written notice in writing, if you breach anyif the other party has failed to remedy a material breach of any term of these Conditions within 21 days of being given written notice of the breach (the notice to include details of the relevant breach). Where you have breached a material term we may elect, in the alternative, to cease supply of products or services to you until we are reasonably satisfied that you have remedied the breach.

Online Addendum

Clause 1:

This clause has been amended to accommodate (a) transactional access to publications and (b) to make the language around the territorial nature of the licence clearer. The latter change is grammatical only and does not change the substantive nature of the licence:

1.1 Subject to the further provisions of this Addendum, we grant to you a non-exclusive, non-transferable limited licence to:

1.2 You are licensed to access and make use of such data in Australia only, unless specified otherwise in your Order.

1.3 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.

Clause 5:

This change is to better explain our reasons for sometimes having to discontinue a product or service:

5.1 We may discontinue or revise any or all aspects of the service or publications appearing on the service (including, without limitation, the supply of any publication through the service) 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.

5.2 We may, without notice, suspend access to the service, in whole or in part, until further notice, with immediate effect:

1. a. to periodically maintain or improve the publications or the service and related systems;
2. b. to comply with any order, instruction or request of any government, any emergency services organisation, or other competent judicial, administrative or regulatory authority;
3. c. if we believe that the service or the publications may be used in such a way as may constitute a breach of any provision of the Conditions or this Addendum; or
4. d. if you fail to pay all or part of any fee by the due date.

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

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

Clause 6:

This change is to link this clause to the relevant provision in the Conditions of Sale:

6.1 This clause 6 is to be read subject to the Non-excludable Rights referred to in clause 13.1 of the Conditions.