Caseview Pty Ltd
Terms and Conditions of Use
These terms apply to any use of Caseview.
You are advised to read these terms and conditions carefully. By using this Site You are entering into a legally binding agreement with Caseview. If You do not accept these terms and conditions, You must refrain from using or viewing any Caseview web page or service.
These terms were last amended on 1 February 2017 in accordance with Clause 23.
In this Agreement the following terms have the meanings set out below:
“Account” means Your user name and identifying particulars supplied to Caseview at the commencement of this Agreement.
“Agreement” means this agreement as amended from time to time including schedules and terms included by reference in accordance with Clause 5.
“Area of Law” means the category of law which a User has nominated as their default setting.
“Contribution” means any comment, annotation, opinion or feedback which is submitted to Caseview through the Site, using the Site’s interface or by email, whether or not the content is shared with other Users.
“Free Account” means a standard or basic account held by a User that allows provides Users with access to free Services.
"Intellectual Property" means all intellectual property rights of Caseview whether in relation to the Site or Services or otherwise and includes all or any of the following:
- the Trade Marks of Caseview whether in relation to the Site or Services or otherwise;
- the Trade Name or any other trade name under which Caseview sells or distributes its Services;
- any present or future patents of Caseview which relate to the Site or Services or their manufacture or assembly and application for the grant of any such patents;
- copyright of Caseview in any written material, plans, designs, logos, slogans, labels, insignia or other work relating to the manufacture, merchandising, displaying, promotion and selling of the Site or Services;
“Practitioner Account” means an account held by a User that has been approved by Caseview in accordance with this Agreement and upgraded to include additional functionality, including but not limited to:
- The ability to share Contributions with other Users.
- User profile pages to collate and display that User’s Contributions to other Users.
- Other functionality which may be added to the Services from time to time.
“Privacy Act” means the Privacy Act 1988 (Cth).
"Services" means all of the services provided on the Site, including but not limited to; providing Users with an interface for searching publicly available legal decisions, commentary and annotations on legislation; providing an online platform for Users to create personal libraries of legal commentary and annotations on legislation; providing Users with access to published legal commentary and annotations; providing a platform for people to share legal information, including legal commentary and annotations on legislation.
"Site" means the Caseview web site www.caseview.com.au
"Terms and Conditions" means that terms and conditions set out in this Agreement whether expressly or by reference and includes amendments made to the Agreement.
"User" means You and all users of the Site and the Services.
"You" includes all persons entering this Agreement with Caseview and where the context allows includes Your partners, employees and agents.
In this Agreement:
“Caseview”, “we”, “us” and “our” are a reference to Caseview Pty Ltd (ACN 155 783 609) and a reference to “the Site” is also a reference to Caseview Pty Ltd (ACN 155 783 609).
References to any "party" means a party to this Agreement and includes the successors, executors, administrators and permitted assignees (as the case may be) of that party.
Where the context permits, the singular includes the plural and vice versa.
Where a party consists of more than one person the liability of those persons in respect of the terms of this Agreement is joint and several.
References to clauses, schedules and attachments are to clauses in, and the schedules and attachments to, this Agreement (unless stated otherwise). Each such schedule and attachment forms part of this Agreement.
References in the schedules and attachments to "the Agreement" are references to this Agreement.
References to any document (however described) shall include references to that document as modified, novated, supplemented, varied or replaced from time to time.
References to a month or a year are references to a calendar month or calendar year.
All references to legislation are (unless stated otherwise) references to Australian legislation and include all subordinate legislation, any re-enactment of, or amendment to, that legislation and all legislation passed in substitution for that legislation.
Where the context permits, references to a "person" or “user” include an individual, firm, company, corporation or unincorporated body of persons, any public, territorial or regional authority, any government, and any agency of any government or of any such authority.
A reference to a time of day means the time in Melbourne, Australia.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
4. Formation of Contract
You represent and warrant that You are able to enter into a legally binding and enforceable contract with other persons and Caseview.
You agree and acknowledge that You have entered into a legally binding and enforceable contract with Caseview by clicking the "I agree to the terms and conditions above" checkbox during the registration process.
If You are using Caseview on behalf of another person, company or other entity, You agree that You are also personally bound by these terms and conditions, even if the other entity has a separate agreement with us.
In consideration of Caseview agreeing to Your use of the Site and/or the Services, You agree to comply with this Agreement and Your obligations and undertakings under the Agreement.
5. Caseview does not provide legal advice
Caseview is not a law firm and does not provide legal advice.
The views, opinions and comments expressed by Users on the Site are those of the Users and not Caseview. The Users are independent parties whose material is published by Caseview on this the Site. The views expressed are not those of Caseview. Caseview does not represent or warrant the accuracy or correctness of statements made by authors. Comments made by authors are not intended to be and should not be regarded as legal advice. Their views, opinions and comments may not take into account all material facts or circumstances and may not provide a complete or comprehensive response or cover every situation. They are intended for use as an aid to understanding basic concepts only and are no substitute for more comprehensive legal advice.
Caseview disclaims all liability for any omissions, errors or inaccuracy in any information or Contributions published on the Site, including material published by Users in any Contributions.
By using and accessing the Site You accept that Caseview, its officers, employees, agents and related bodies corporate will not be liable to You in any way for any loss, damage, cost or expenses You may suffer or incur through the use of the Site or any information, opinions or comments published or made by authors on the Site.
Caseview recommends that users obtain legal advice from qualified lawyers who can advise them on their specific circumstances after receiving detailed instructions.
6. Specific Warnings
You must ensure that Your access to the Site is not illegal or prohibited by laws which apply to You.
You must take Your own precautions to ensure that the process which You employ for accessing the Site does not expose You to the risk of viruses or other form of interference which may damage Your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to Your own computer system which arises in connection with Your accessing of the Site or any linked web site.
You will ensure that the information You provide does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, adversely interfere with, surreptitiously intercept or expropriate any system, data or personal information.
We do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Site updated. We do not accept responsibility for loss suffered as a result of reliance by You upon the accuracy or currency of information contained on the Site.
7. Access to Services
Access to Services on Caseview are currently provided free of charge. We reserve the right to reclassify any of these Services at our discretion so that they become the subject of a fee. Furthermore, we reserve the right to vary this practice as between individual Users, so that some Users may be required to pay for certain information which is made available free of charge to other Users.
8. Sharing Contributions on Caseview
Only Users who hold a Practitioner Account may elect to share their Contributions with other Users.
Upon registering with Caseview for a Free Account You may request that Your account be upgraded to a Practitioner Account through the User Interface.
In making a request to upgrade Your Account to a Practitioner Account, You acknowledge that Caseview, at its sole discretion, may decide to approve Your request having regard, but not limited, to the following:
- Whether the User is a registered or qualified legal practitioner.
- Whether the User has other relevant qualifications or experience in the nominated Area of Law.
- Any other considerations relevant to the User’s ability to provide useful and reliable Contributions for the benefit of other Users.
Caseview, may at any time and at its sole discretion, downgrade Your account to a Free Account, having regard to any change in circumstances or information it receives (including the considerations set out above) which its regards as affecting Your ability to provide useful Contributions.
By submitting a Contribution to Caseview and electing to share that Contribution with other Users through the User Interface, You acknowledge, agree and warrant to Caseview that:
- You are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights, including copyrights.
- Your Contributions do not contain confidential or proprietary information;
- Caseview is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
- Caseview shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media;
- Caseview reserves the right (but has no obligation) to review, modify, reformat, reject or remove any Contribution which You submit, upload, post, transmit or otherwise make available (or attempt to submit, upload, post, transmit or otherwise make available) that, in our opinion, violates the terms of this Agreement or otherwise has the potential to harm, endanger or violate the rights of any person;
- Caseview may from time to time modify any contribution in the interests of making the Site more usable for all Users, including, but not limited to, by:
--re-categorising the Contribution and linking it to other more appropriate legislation, topics, subjects or categories;
--re-naming any subject, topic or other category which the Contribution is linked to;
--rejecting or renaming any new topic, subject or category which You propose to link the Contribution to; and
--correcting any typographical or other obvious errors;
- You warrant that the Contribution does not breach this Agreement; and
- You are not entitled to any compensation or reimbursement of any kind from Caseview under any circumstances.
9. Copyright and License for Contributions
You own any information and Contributions You provide to Caseview under this Agreement and retain copyright and all other right, title and interest in and to any information and Contributions stored on the Site.
You may request the removal or deletion of Your information (including Your Account) or Contributions at any time, unless You have shared Your information or Contributions with other Users and they have not deleted it, or it was copied or stored by other Users.
You grant to Caseview a non-exclusive, worldwide licence to load Your information and Contributions on to its server and use, reproduce, transmit and publicly display Your Contributions on the Site in accordance this Agreement and for the duration of Your Account.
Subject to Clause 9, copyright of materials present on the Site otherwise resides with Caseview. Apart from fair dealing for the purposes of private study, research, criticism or review, as permitted under copyright legislation, and apart from uses specifically authorised by these terms and conditions, no part may be reproduced or reused for any commercial purposes whatsoever.
Specifically, and other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in Your location, You may not in any form or by any means adapt, reproduce, store, create derivative works, distribute, print, display, perform, publish or commercialise any information, products or services obtained from any part of the Site; without our written permission.
You agree to indemnify Caseview against all costs, expenses, losses or damages which Caseview may sustain, incur or suffer or be or become liable for or in respect of any suit action proceeding, judgment or claim brought by any person or third party arising from or caused by:
- Your failure to comply with these terms and conditions, including, without limitation, Your submission of content that violates third party rights or applicable laws;
- any Contributions or other content You submit to the Services, and
- any activity in which You engage on or through Caseview.
12. Take Down Notice Policy and Procedure in relation to Alleged Copyright Infringements
If You are a copyright owner or are authorised to act on behalf of a copyright owner, and You become aware of material on the Site which infringes Your copyright, please contact us here, stating the following:
- Your contact details;
- The full details of the material and the exact and full URL where You found the material;
- A statement that You are the rights holder or agent of the rights holder, that You believe in good faith that the material is an infringement of Your copyright or is not authorised by the copyright holder; and
- Details of how the relevant content infringes Your copyright or the copyright of the rights holder, including the steps You have taken to ensure that Your claim of copyright infringement is accurate.
We will then contact You as soon as practicable in relation to the alleged infringement
If You disagree with any decision to remove Your content and/or terminate and/or block Your access to any service You can contact us here and tell us why You disagree with our decision
A review of the original decision will be made by someone more senior than the person who made the original decision.
13. Intellectual Property
This Agreement does not grant You any proprietary rights in the Intellectual Property.
You will not at any time during or after the expiry or termination of this Agreement, contest or challenge in any legal proceedings or otherwise the proprietorship of Caseview in the Intellectual Property.
You shall not in any manner represent that You have any proprietary rights in the Intellectual Property.
In so far as the Intellectual Property or any components of the Intellectual Property are the subject of registrations or applications for registrations under applicable statutes, You shall do nothing to challenge, oppose, dispute or impugn the validity of such applications or registrations and shall take all necessary steps as may be required by Caseview to assist in maintaining or obtaining such registrations.
At the expiry or termination of this Agreement, all of Your rights to use the Intellectual Property shall cease.
Caseview may change the Intellectual Property which You are permitted to utilise at any time for any reason.
You may not use the Intellectual Property in a manner which may, as determined by Caseview, place the Intellectual Property at risk of loss or loss of value to Caseview.
14. Restricted Use
You will not use the Intellectual Property to make or market a similar site or services in any location nor will You use the Intellectual Property for any purpose other than expressly permitted by Caseview in writing.
You may not and warrant that You will not:
- copy or produce, transmit, transcribe, store in a retrieval system any part of the Site, the Services, Intellectual Property;
- transfer or attempt to transfer any part of the Site, the Services or Intellectual Property or Your right to access them or otherwise make them available to any other person;
- attempt to discover Caseview’s source code;
- sublicense, rent or lease any portion of the Site, the Services or Intellectual Property;
- reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Site or Services, or create derivative works from the Site, the Services, Intellectual Property, except so far as such actions are permitted by applicable law notwithstanding this limitation or are approved in writing by Caseview;
- use the Site, the Services, Intellectual Property for any illegal purpose;
- allow Your Account to be used for any illegal purpose; or
- allow Your Account to be used by another person for any purpose.
15. Linked Web Sites
This Site may contain links to linked web sites. Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked web sites.
Out links to linked web sites should not be constructed as any endorsement, approval, recommendation, or preference by us of the owners or operators of those linked web sites, or for any information, graphics, materials, products or services referred to on those linked web sites.
16. Your Privacy Rights
17. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which You transmit to us. Accordingly, any information which You transmit to us is transmitted at Your own risk. Nevertheless, once we receive Your transmission, we will take reasonable steps to preserve the security of such information.
18. Data and Systems Integrity
You acknowledge that we will not be responsible for any corruption or failed transmission of any information attributable to Your computer system or to the system or any act or omission of Your Internet Service Provider.
You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the service or this site.
You acknowledge that access to the Services or the Site:
- may not be continuous, uninterrupted or secure at all times; and
- may be interfered with by factors or circumstances outside of our control.
19. Termination of Access
Your access to Caseview may be terminated at any time by us without notice. Without limiting the foregoing, we reserve the right to cancel the access of Users who are in breach of any of the Terms and Conditions of this Agreement, or who refuse to accept any amendments the Terms and Conditions of this Agreement. Our disclaimer will survive any such termination.
20. Compliance with Laws and Policies
We will comply with all laws applicable to the Services.
You will comply with all laws that apply to You in relation to Your use of the Services or Caseview.
21. General Disclaimer
The content of the Site is provided for information purposes only. Except as expressly stated to the contrary, no claim is made as to the accuracy or authenticity of the content. The information is provided on the basis that all persons accessing the Site undertake responsibility for assessing the relevance and accuracy of its content.
We do not accept responsibility for any loss damage, however caused (including through negligence), which You may directly or indirectly suffer in connection with Your use of the Site or any linked web site, nor do we accept any responsibility for any such loss arising out of Your use of or reliance on information contained on or accessed through the Site.
22. Exception to Disclaimer
This disclaimer set out in these terms and conditions is not affected or modified by any of the other terms and conditions set out below. Nevertheless our disclaimer does not attempt to purport to exclude liability in relation to any term implied by law which cannot be lawfully excluded.
23. Amendment of this Agreement
These Terms and Conditions may be amended from time to time by Caseview by publishing the amended Terms and Conditions on the Site or placing a news item or notice on the Site that the Terms and Conditions have been amended. The amended Terms and Conditions shall be effective from the earlier of:
- 7 days after they are published on the Site,
- Your entry to a new Agreement or the renewal of any Service on the Site; and
- 7 days of Notice being given to You.
You should ensure that You make Yourself aware of any amendments that may be made to this Agreement.
You acknowledge and agree that Your continued use of the Site or the Services following the posting of any amendments will mean that You accept unconditionally any amendments made.
24. Governing Law
These terms and conditions are governed by the laws in force in the State of Victoria, Australia.