LOOSE-LEAF PRODUCTS & BOOKS

Terms of Sale

1.  

Definitions

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

"Presidian" means Chambers Corporation Pty Ltd  ACN 102 189 408 trading as 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 loose-leaf(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 & 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, third party use and public 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.

(3)

Where the Product is a looseleaf and the Purchaser will make, or in Presidian’s opinion is likely to make, the Product available in a library for use (“Public Use”) by students and/or members of the public and/or legal profession, additional fees and/or conditions may apply as notified by Presidian to the Purchaser either prior to the time of subscription or, if Presidian becomes aware of such Public Use after the time of subscription, after such time provided however the Purchaser may opt to terminate its subscription with a full refund. If the Purchaser so terminates, it must within seven days return the Product by registered post to Presidian with Presidian to reimburse the Purchaser for postage costs.

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.

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.

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 in any jurisdiction 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

If the Product is a loose-leaf 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.

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 & 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 permits Presidian to handle any personal information disclosed in accordance with its Privacy Policy (available from Presidian’s website).