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Digital Library Terms of Use - For Legal Profession

Terms of Access - (Profession User)

This site (Site) is provided to you by the Supreme Court Library Committee (ABN 67 830 828 649), which is referred to in these terms of access (Terms) as “we”, “us”, “our” and other similar forms.

If you use or access this Site, you will be deemed to have accepted and consented to these Terms.  As part of the process of gaining authorisation for access to the third party databases through this Site (Databases), you will have to expressly accept and consent to these Terms.  We reserve the right to update these Terms at any time and without notice to you. Your continued use or access constitutes acceptance of any changes.

In relation to the Databases provided through the Site, you acknowledge that:

(a) the Databases are owned and operated by third parties and are not under our control;

(b) we provide access to the Databases as a convenience to you;

(c) the provision of the access to the Databases does not imply any endorsement by us of the contents of the Databases; and

(d) the particular Databases available through the Site and the contents thereof shall vary from time to time without notice.

2. Your Use of the Databases

(a) You may only access the electronic subscriptions in the Databases (Electronic Subscriptions) in an individual and manual manner.

(b) You are permitted to perform the following activities in respect of an Electronic Subscription;

(i) Print a reasonable portion and make a reasonable number of copies of such materials;
(ii) Reproduce a reasonable portion in work products (such as legal advice or academic articles); and
(iii) Keep an electronic copy of any portions utilised in connection with producing any work product, or where required for the purposes of complying with any legal or professional obligation.

(c) You are not permitted to perform the following activities in respect of the Electronic Subscriptions;

(i) Display portions to the public, except as part of a judicial or administrative proceeding;
(ii) Download, save, print or copy electronically an entire or other unreasonable proportion of an Electronic Subscription;
(iii) Create any type of searchable database;
(iv) Engage in any bulk or automated downloading;
(v) Access from outside of Australia;
(vi) Use any programmatic, robotic or any other automated means to conduct searches;
(vii) Systematically make multiple printed or electronic copies of portions of the Electronic Subscriptions, except as part of a judicial or administrative proceeding;
(viii) Apart from other users that we have duly authorised by us, permit any third party to have access to the electronic copies;
(ix) Abridge, modify, translate or create any derivative work based on the Electronic Subscriptions, except to the extent permitted under these Terms or to make the Electronic Subscriptions perceptible to you on a device; and
(x) Remove or alter any copyright notices or other means of identification or disclaimers, except to the extent permitted under these Terms.

(d) You must comply with all reasonable directions given by us, including security measures and modes of access to the Site and/or the Databases.

(e) Your use of specific Electronic Subscriptions, or parts thereof, (Specific Materials) is subject to supplemental third party terms (Supplemental Terms) appearing within the relevant Database.You must comply with the Supplemental Terms in respect of the relevant Specific Materials.

3. Disclaimer

(a) We are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained in the Databases.

(b) To the full extent permitted by law we disclaim all warranties, express or implied, regarding:

(i) the accuracy, completeness, reliability, timeliness or otherwise of any information contained or referred to on the Site and/or the Databases; and
(ii) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Site and/or the Databases.

(c) We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law which are the consequence of you acting, or failing to act, on any information contained on or referred to on the Site and/or the Databases.

(d) We do not warrant guarantee or make any representation that:

(i) the Site, the Databases or the servers that make them available on the Internet are free of software viruses;
(ii) the functions contained in any software contained on the Site or the Databases will operate uninterrupted or are error-free; and
(iii) errors and defects in the Site or the Databases will be corrected.

(e) We are not liable to you for:

(i) errors or omissions in the Site, or the Databases;
(ii) delays to, interruptions of or cessation of the services provided in the Site, or the Databases; and
(iii) whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

4. Limitation of liability

Clause 3 may not apply to you in certain circumstances. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

(a) if the breach of an implied warranty or condition relates to services:

(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again; and

(b) if the breach of an implied warranty or condition relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods; or
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

5. Disclosure of personal information

Where we have reasonable grounds to suspect that you have breached these Terms, we may disclose information to the relevant third parties, including your personal information to the operators of the relevant Databases.

6. Termination of access

We may terminate your access to the Databases at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Databases.

7. Intellectual property rights

All logos, icons, brand names or service names (Marks) that identifying us are our copyright property or our trade marks or service marks.  All other Marks on this Site and the Databases are the property of their respective owners. Any unauthorised use of the Marks appearing on this Site and the Databases may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

8. Jurisdiction

(a) If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.

(b) These Terms will be governed by and interpreted in accordance with the law of the State of Victoria, Australia, without giving effect to any principles of conflicts of laws.

(c) You agree to the exclusive jurisdiction of the courts of the State of Victoria, Australia to determine any dispute arising out of these Terms.