eShop Terms

These eShop Terms govern access to and use of the Law Society of New South Wales’ (Law Society, or we, us or our) eShop at: https://eshop.lawsociety.com.au (the eShop), including any purchases you make via the eShop. By accessing the eShop, including making a purchase via the eShop, you acknowledge and accept these eShop Terms, the Law Society’s Website Terms of Use and the Law Society’s Privacy Policy. You agree that the then current version of the eShop Terms, the Law Society’s Website Terms of Use and the Privacy Policy applies to your use of the eShop. If you do not agree with them, you should not use the eShop or register an eShop account.  If there is any inconsistency between these eShop Terms and the Law Society’s Website Terms of Use, these eShop Terms will prevail to the extent of the inconsistency. If you have any questions, please contact us at SHOP@lawsociety.com.au.

Use of the eShop is subject to all applicable laws and regulations. The Law Society will vigorously protect its legal rights and interests.

1.           Definitions

1.1       In these eShop Terms the following words have the meanings set out below:

Content means all content contained on the eShop, including without limitation any text, graphics, user interfaces, visual interfaces, photographs, icons, advertisements, databases, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available on the eShop.

Guest User means any User that has completed the eShop account registration process on the signup webpage.

Intellectual Property Rights means any trade marks, copyright, patents, design rights and all other forms of intellectual property rights vesting in the Content used, displayed, or made available on the eShop.

Item(s) means the legal documents, publications, desk diaries and other Law Society merchandise that are advertised for sale on the eShop catalogue.

Loss or Claim means any damage, losses (including consequential loss and loss of profit), costs or expenses (including reasonable legal fees) or liability incurred by a person, or a claim, action, proceeding or demand under or in connection with these eShop Terms, whether arising under contract, negligence or any other tort, under statute or otherwise at all.

Member means an individual who holds a valid Solicitor membership or Associate membership with the Law Society of New South Wales.

Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth).

Third Party Websites means websites which are not owned or controlled by the Law Society.

User, or You means any user of the eShop.

2.           General

2.1          By accessing, viewing, browsing, or using our eShop in any manner, you confirm that you have read and understood our eShop Terms, you have the capacity to be bound by our eShop Terms, and you agree to be bound by them.

2.2          If you have not read, or if you do not accept or understand these eShop Terms, you are not authorised to access this eShop. You further agree that we will not be liable to you for any Loss or Claim arising out of, or in connection with, your unauthorised access of the eShop.

2.3          The Law Society may amend these eShop Terms from time to time. Any material amendments will be notified to you on the Law Society’s Website. You should ensure that you are aware of the current eShop Terms by carefully reading them each time you use the eShop.

2.4          Notwithstanding anything in these eShop Terms, certain legislation including the Competition and Consumer Act 2010 (Cth), may imply warranties, conditions or guarantees or impose obligations or remedies which cannot be excluded, restricted or modified except to a limited extent. To the extent that such legislation applies, these eShop Terms must be read subject to those statutory provisions and nothing in them is intended to alter or restrict the operation of such provisions.

3.           Registration

3.1          In order to access some of the functionality of the eShop, including making purchases of Items via the eShop, you will need to use your Member login details to access your eShop account on the eShop. If you are not already a Member of the Law Society you will need to become a Guest User. To become a Guest User you must:

(a)          be capable of forming a legally binding contract;

(b)          agree to be bound by these eShop Terms; and

(c)          create a new eShop account profile by entering your first name, surname and email address.

3.2          You are solely responsible for the use of your eShop account and must ensure that you keep all passwords secure. All use of your account is deemed to be use of the eShop by you for the purposes of these eShop Terms.

3.3          When registering an eShop account with us, you must provide us with accurate and complete information and update it as necessary. It is your responsibility to inform us of any changes to that information (including without limitation your email address), by updating your profile details on the relevant section of the Law Society’s Website.

3.4          The right to use the eShop is personal to you and is not transferrable to any other person or entity. You are entirely responsible for any and all activities that occur under the account and for ensuring that all use of the account by you complies fully with the provisions of these eShop Terms. You agree to notify us immediately of any unauthorised use of the account or any other breach of security. The Law Society will not be liable for any Loss or Claim that arises as a result of someone using the account created for you, either with or without your knowledge.

4.           Use of the eShop

4.1          Subject to your compliance with these eShop Terms, the Law Society grants to you a non-exclusive and non-transferrable right to access and use the eShop for your own personal use. You must not exploit any Content for commercial benefit. Any other use of the eShop is expressly prohibited.

4.2          You must not use the eShop to:

(a)          provide or upload false or misleading information, create a false identity or use or attempt to use another person’s eShop account;

(b)          hack into any part of the Law Society’s Website through password mining, phishing, or any other means;

(c)          knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;

(d)          circumvent the eShop’s structure, presentation or navigational function so as to obtain information the Law Society has chosen not to make publically available through the eShop;

(e)          act in a manner that negatively affects other Users, including through a denial-of-service attack or a distributed denial-of-service attack;

(f)           transmit any unsolicited advertising, promotional materials or other materials that contain any solicitation with respect to products or services that are not deemed Items, unless expressly authorised by the Law Society; or

(g)          attempt to modify, reverse engineer, or reverse-assemble any part of the Law Society’s Website.

4.3          Without limiting clause 4.2 above, you must comply with all applicable laws, regulations, codes or standards when using the eShop.

4.4          You acknowledge and agree that the information published by the Law Society on the Law Society’s Website, does not, under any circumstances, constitute legal or professional advice.

5.           Order process

5.1          Any order you submit via our eShop is subject to our acceptance of your order and the availability of Items. Until you complete a purchase, any Item(s) in your cart are not reserved and may be purchased by other customers.

5.2          You must pay for an Item at the time you place your order and the Law Society will deduct all amounts owing at the time of processing your order.

6.           Purchase and Refund Policy

6.1          Any purchases you make via the eShop will be handled in accordance with our Purchase and Refund Policy at http://www.lawsociety.com.au/PurchasesRefundsTermsConditions/index.htm.

6.2          By placing an order via the eShop, you confirm that you have read and understood our Purchase and Refund Policy, you have the capacity to be bound by our Purchase and Refund Policy, and you agree to be bound by its terms.

7.           Change to Items

7.1          The Law Society may withdraw and/or re-offer any Item listed for sale on the eShop if the Item:

(a)          becomes unavailable;

(b)          is withdrawn by the manufacturer or supplier; or

(b)          was incorrectly described or listed.

8.           Privacy

8.1          Any Personal Information collected by the Law Society through the eShop will be handled in accordance with our Privacy Policy.

9.           Intellectual Property

9.1          Users of the eShop are granted a non-exclusive, non-assignable and non-transferrable licence to use the eShop only accordance with these e Shop Terms. Nothing in these eShop Terms or the Law Society’s Website constitutes a transfer of any Intellectual Property Rights to you.

9.2          You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Content, or the layout or design of the eShop, except as:

(a)          expressly authorised either in the eShop or these eShop Terms;

(b)          permitted under the Copyright Act, including for any fair dealing purposes such as private study, research, criticism or review; or

(c)          authorised in writing by the Law Society.

9.3.         The Law Society owns or is entitled under licence to all rights, title and interests (including present and future copyright) in the eShop. All material including domain names, company and business names, text, graphics, images, photographs, designs, illustrations, diagrams, logos, buttons, icons, software, and all products and services described on the eShop are owned exclusively by the Law Society, its related bodies corporate or others who have licensed their material to the Law Society (unless expressly indicated otherwise).

9.4          The Law Society and Specialist Accreditation logos are registered trade marks of the Law Society and may only be reproduced with the written consent of the Law Society. A number of logos appearing on the Law Society’s Website are registered trade marks owned by third parties and have been reproduced on this website with the agreement of those third parties.

9.5          The Law Society reserves the right to all other intellectual property that is inherent in other information, products, processes or technologies which form part of the Law Society’s Website and are not explicitly licensed.

10.          Links

10.1        The eShop may include links to Third Party Websites. The Law Society makes no guarantee as to the content, functionality, or accuracy of any Third Party Websites.

10.2        Third Party Websites are subject to the terms and conditions outlined by that third party.

10.3        Any links to Third Party Websites do not:

(a)          indicate a relationship between the Law Society and the third party; or

(b)          indicate any endorsement or sponsorship by the Law Society of the Third Party Website, or the goods or services it provides,

unless specifically indicated by the Law Society.

11.          No Liability

11.1        The Law Society uses reasonable endeavours to ensure the accuracy of the information on the eShop, however, the Law Society assumes no responsibility for any errors or omissions in the information available on the eShop.

11.2.       To the fullest extent permitted by law but subject always to clauses 2.4 and 11.3:

(a)          the eShop and all Content is provided to you "as is" and on an "as available" basis, without any representation or endorsement and without warranty or guarantee of any kind and the Law Society excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise) except as expressly set out in these eShop Terms;

(b)          the Law Society does not guarantee:

(i)           the accuracy, completeness or timeliness of the Content;

(ii)          continuous, uninterrupted or secure access to the eShop or that its servers are free from viruses (including malware or spyware), bugs or other destructive properties or that defects will be corrected; or

(iii)         that the operation of the eShop will be uninterrupted or error free.

11.3        To the full extent permitted by law, the Law Society is not liable to you or any third party for any Loss or Claim in connection with:

(a)          your use of, or reliance on, the eShop (or in any of the Content) however caused;

(b)          any disruption or other difficulties in accessing or using the eShop; or

(c)          the accuracy, timeliness, quality, utility or completeness of the information contained on the eShop (or in any of the Content).

11.4        If the statutory provisions outlined in clause 2.4 apply, notwithstanding any other provision of these eShop Terms, to the extent that the Law Society is entitled to do so, the Law Society limits its liability in respect of any claim under those provisions to (at its option):

(a)          in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and

(b)          in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

11.5        The Law Society will under no circumstances be liable for any indirect, incidental or consequential loss or damage arising in relation to any transaction entered into with, or any Items purchased by, you through the eShop.

12.          Indemnity

12.1        You agree to indemnify and hold harmless the Law Society, its employees, contractors, agents, and officers from and against any Losses or Claims arising out of or in connection with your breach of these eShop Terms, the violation or breach of any laws (including any act of fraud by or on behalf of you), or the infringement of the rights of any third party.

12.2        For the avoidance of doubt, the indemnity in clause 12.1 will extend without limitation to any Losses or Claims the Law Society may suffer as a result of the use by third parties of your account, except in circumstances where you can demonstrate to the Law Society's satisfaction that such third party obtained the relevant details through no fault of your own.

13.          Mobile Applications

13.1        If you are accessing our services using a mobile device or phone (device), some of the Content may be limited or restricted.

13.2        You acknowledge and agree that your use of the eShop on your device may be subject to separate charges imposed by your mobile phone service provider (carrier), such as data usage charges and phone charges, for which you will be solely responsible.

14.          Content Amendments

14.1        We may amend, remove, alter or vary any of the Content at any time, without prior notice to you.

15.          Severability

15.1        If a provision (or part of any provision) of these eShop Terms is invalid or unenforceable in a jurisdiction, that provision or part provision will, to the extent required, be deemed to be deleted in that jurisdiction to the extent of the invalidity and unenforceability, and the validity and enforceability of the other provisions of these eShop Terms will not be affected.

16.          Termination

16.1        If the Law Society reasonably considers you have breached these eShop Terms, the Law Society may (at its option, and without limiting the remedies available to it in any way) bar you from accessing the eShop on a permanent or temporary basis.  If this occurs, you must not access or use the eShop during the period of your suspension.

17.          Applicable Law

17.1        These eShop Terms are governed by and construed in accordance with the laws of New South Wales, Australia.

17.2        The parties agree that the courts of New South Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these eShop Terms.