- Terms & Conditions
Terms & Conditions
New Zealand Council of Law Reporting Website: Terms and Conditions
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This Website, including all of its features and content (the “Website”) is a service made available by the New Zealand Council of Law Reporting (“we”, “our” or “us”) in conjunction withLexisNexis NZ Limited (”LexisNexis”) and its related bodies corporate (together, LexisNexis Group) and all content, information and software provided on and through this Website (“Content”) may be used solely under the following terms and conditions (“Terms and Conditions”).
1. Website Limited Licence. As a user of this Website you are granted a nonexclusive, non-transferable, revocable, limited licence to access and use this Website and Content in accordance with these Terms and Conditions. We may terminate this licence at any time for any reason. You are personally licensed to use this document solely for your own personal or business use. You may not provide it to any third party, except that you may provide a copy to the court and other parties to cases you are acting in. The New Zealand Law Reports are subject to copyright and may not be used in publications or for any other purpose not expressly authorised in these Terms and Conditions. Specific consent for other use must be obtained from the publisher.
2. Limitations on Use. The Content on this Website is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent this Website provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorised to make purchases on behalf of such group. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Website or the Content without our prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted above. Any unauthorised use of this Website or its Content is prohibited.
3. Not Legal Advice. Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Website treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. To the maximum extent permitted by law, your use of information on this Website or materials linked from this Website is at your own risk.
4. Intellectual Property Rights. Except as expressly provided in these Terms and Conditions, nothing contained herein shall be construed as conferring any licence or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
6. Licence of Your Content to us. By uploading content to or submitting any materials for use on this Website, you grant (or warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and licence, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
7. No Solicitation. You shall not distribute on or through this Website any content or material containing any advertising, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organisation without our express written permission. Notwithstanding the foregoing, in any interactive areas of this Website, where appropriate you a) may list along with your name, address and email address, your own Website’s URL and b) may recommend third party Websites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Website.
8. Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. We will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
9. Registration. Certain sections of this Website require you to register. If registration is requested, you agree to provide us with accurate and complete registration information. It is your responsibility to inform us of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. We do not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorised use. If you believe there has been unauthorised use, you must notify us immediately by contacting firstname.lastname@example.org .
10. Postings in interactive areas of the Website
a) Postings to be Lawful. If you participate in interactive areas on this Website, you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (“Postings”) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libellous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any law
b) Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.
c) No Monitoring of Postings. We have no obligation nor do we intend to edit, monitor or screen Postings and we are not responsible for the content in such Postings or any content linked to from such Postings. Notwithstanding the foregoing we reserve the right to examine from time to time, some, all, or no interactive areas for adherence to the Terms and Conditions and to remove any materials that may be objectionable or violate the Terms and Conditions.
d) Non-Commercial Use only of interactive areas. Any interactive area of this Website is provided solely for your personal use. As a participant, you shall not include in your Posting(s) or otherwise distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organisation without our express written permission. Any unauthorised use of any interactive area of this Website, its Content or Postings is expressly prohibited.
11. Errors and Corrections. We do not represent or warrant that this Website will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. We do not warrant or represent that the information available on or through this Website will be correct, accurate, timely, or otherwise reliable. We may make improvements and/or changes to its features, functionality or Content at any time.
12. Third Party Content. Third party content may appear on this Website or may be accessible via links from this Website. We shall not be responsible for and we assume no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect our belief.
13. Attorney Ethics Notice. If you are an attorney participating in any aspect of this Website, including but not limited to message boards, chat rooms or email forums, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorised practice of law, and misrepresentations of fact. We disclaim all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any chat area on this Website, including but not limited to the message boards, that you will not offer legal advice, but will only provide general information.
14. DISCLAIMER. THIS WEBSITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE AND LEXISNEXIS GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE AND LEXISNEXIS GROUP DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:
a) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
b) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,
c) THE UNAVAILABILITY OF THIS WEBSITE OR ANY PORTION THEREOF,
d) YOUR USE OF THIS WEBSITE, OR
e) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE.
15. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW NEITHER WE NOR LEXISNEXIS GROUP SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE AND THE INTERACTIVE AREAS OF THIS WEBSITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. NEITHER WE NOR LEXISNEXIS GROUP SHALL BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BE LIMITED TO $100.00.
16. Indemnification. You agree to indemnify, defend and hold harmless us and LexisNexis Group, and each of our officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of these Terms and Conditions by you.
17. Third Party Rights. The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability), and 16 (Indemnification) are for the benefit of us and LexisNexis Group and each of our officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
18. Unlawful Activity. We reserve the right to investigate complaints or reported violations of our Terms and Conditions and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
20. Additional Terms
b) Terms of Sale. Any purchases you make from us through the Website are subject to our Terms of Sale http://www.lawreports.nz/terms-of-sale/
Last updated 1 December 2014.