Terms of Sale - Looseleafs and books

The sale of looseleafs and books are subject to the terms and conditions below.

1.  

Definitions

 

"Agreement" refers to the sale agreement contained within this document

 

"Presidian" means Chambers Corporation Pty Ltd ACN 102 189 408 atf Presidian Trust t/a Presidian Legal Publications

 

"Presidian And Its Agents" means Presidian and/or its officers, servants, employees, agents, licensors, contractors and all other persons involved in the writing, editing, production and distribution of the Product unless the term is used in the negative in which case it means neither Presidian nor its officers, employees, agents, licensors, contractors and all other persons involved in the writing, editing, production and distribution of the Product

 

"Product" means the looseleaf(s) and/or book(s) that the Purchaser orders

 

Purchaser” means the person who purchases or subscribes to the Product 

2. 

Sale Subject to Terms

 

The terms contained in this Agreement apply to each order placed by the Purchaser for the supply of goods and/or services by Presidian provided Presidian has accepted the Purchaser’s order.

3. 

Price and Subscription Fees

 

The Purchaser agrees to pay the purchase price and/or annual subscription fee applicable to the Product (including where pricing is listed as being pricing on application) as indicated on the relevant product webpage.

4. 

Reproduction and third party use

 

The Purchaser must not without Presidian’s prior written consent:

 

(1)

copy, adapt (including translate) or reproduce in any form any part of the Product beyond that permitted by applicable copyright laws; or

 

(2)

if the Product is a looseleaf – purchase the Product on behalf of, resell or licence the Product to or grant permanent possession of the Product to a third party that is not a related entity.

5.

Disclaimers

 

(1)

Presidian is not a provider of legal services or advice.  The Product's content is not intended to be, nor does it constitute, legal advice.  Before relying on the contents of the Product, you should first seek professional advice from a qualified legal practitioner.

 

(2)

Presidian takes great care in the production of its publications.  However, before relying on the content of the Product, you should first check its currency and accuracy with primary source materials, such as current and authorised versions of legislation.

 

(3)

In relation to this clause 5, Presidian contracts in its own capacity and as agent for its officers, servants, employees, agents, licensors, contractors and all other persons involved in the writing, editing, production and distribution of the Product.  

6.

Limitation of liability and indemnity

 

(1)

To the extent permitted by law Presidian And Its Agents will be under no liability to the Purchaser in respect of any loss or damage (including consequential loss or damage) which the Purchaser may suffer or incur (directly or indirectly) in respect of the Agreement or the use of the Product whether arising from any act or omission by Presidian And Its Agents' and without limitation on the preceding terms the Purchaser excludes Presidian And Its Agents from all liability for any form of negligence as well as the results of any act or omission done or made on the basis of any information, error or omission in the Product.

 

(2)

Without limitation on sub-clause (1), if Presidian And Its Agents are rendered liable in any way in relation to, or arising from, the Product or the Agreement, such liability will, at the option of Presidian and to the extent permitted by law, be limited to resupply of the Product.

 

(3)

In relation to this clause 6, Presidian contracts in its own capacity and as agent for its officers, servants, employees, agents, licensors, contractors and all other persons involved in the writing, editing, production and distribution of the Product.  

7.

No warranties

 

(1)

Subject to sub-clause (2):

 

 

(a)

the Product is provided without warranties of any kind, either express or implied and, as such and without limitation, we do not warrant the accuracy or completeness of the materials contained within the Product.; and

 

 

(b)

any condition or warranty which would otherwise be implied in the Agreement is hereby excluded.

 

(2)

Where legislation or other law implies any condition or warranty in relation to this Agreement, and that law avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty is included or implied in the Agreement.  Presidian’s liability under any such condition or warranty will, at the option of Presidian and to the extent permitted by law, be limited to resupply of the Product.

8.

Severance

 

Every provision of this document is independent of the other and any provision, or part of a provision, which is prohibited or unenforceable will be ineffective to the extent only of such prohibition or unenforceability and the other part or parts of the provision (if any) and all other provisions of this Agreement will remain in force.

9.

Variation

 

The terms of the Agreement may be varied provided that any variation is agreed to in writing by both parties.

10.

Termination and Restructure

 

(1)

If the Product is a looseleaf publication, the Purchaser may terminate its subscription to the Product at any time with immediate effect by providing Presidian with written notice of the termination provided, however, that the Purchaser shall be required to pay any outstanding invoiced amounts unless otherwise agreed to in writing by Presidian.

 

(2)

In the event that Presidian undergoes a business restructure and there is a change in trading entity, if Presidian so elects in its sole discretion, this Agreement shall terminate from the date the new entity begins trading and the Purchaser agrees to enter into a new agreement on the same terms as this Agreement (with the necessary changes, such as change in ABN) with the new entity.

11. 

Governing Law

 

The laws of South Australia in Australia govern this Agreement and the parties expressly submit to the exclusive jurisdiction of the courts and tribunals of that State.

12. 

Entire Agreement

 

The Agreement supersedes all previous oral and written agreements or arrangements, if any, in respect of its subject matter and embodies the entire agreement between the parties.

13.

Equitable remedies

 

In addition to any other remedies available to Presidian under the Agreement or otherwise, any unauthorised use, alteration, modification, reproduction, publication or disclosure of the Product by the Purchaser will entitle Presidian to any available equitable remedy against the Purchaser.

14.

Shipping and import duties

 

The Product will be shipped by standard mail at the Purchaser's risk.  If the Purchaser wishes for the Product to be sent by registered mail or other receipted delivery, it must notify Presidian of this at the time of purchase and pay any additional charges at cost as notified by Presidian.  If the Purchaser orders or takes delivery of the Product outside of Australia, the Purchaser is responsible for complying with all laws regarding importation and paying any import taxes or other charges applicable to the importation of the Product.

14.

Privacy

 

The Purchaser authorises Presidian to handle any personal information disclosed by it to Presidian in accordance with Presidian’s Privacy Policy (available on Presidian’s website) and the Privacy Act 1988 (Cth).