Terms of Service

By Lawyers services

Through its websites, By Lawyers provides online access for subscribers to a variety of publications, content and resources, including legal guides, matter plans, commentaries, precedents, forms, reference materials, articles, bulletins, news and updates posts, Mentor services, audio and video recordings, compositions, software, communication services, artworks, products and product information ('By Lawyers Services').

The websites and By Lawyers Services are provided subject to these Terms of Service and the provisions of all applicable laws relating to the exploitation and protection of intellectual property, in relation to which By Lawyers assert and reserve all rights.

Disclaimer

By Lawyers’ provision of By Lawyers Services does not constitute legal advice, financial advice or any other type of professional advice.

By Lawyers Services is a product designed for and marketed to lawyers, licensed conveyancers, paralegals, other legal support staff and law students (‘Legal professionals’).

Some By Lawyers Services may be applicable for accountants, financial consultants and other professional advisors (‘Other professionals’).

By Lawyers Services are not consumer products, nor consumer service, nor goods and services of a kind ordinarily acquired for personal, domestic or household user consumption.

By Lawyers Services are intended to assist Legal and Other professionals in delivering their professional services to their clients, but the facts of each case will be different and reliance upon By Lawyers Services may not always be appropriate.

Legal and Other professional subscribers must exercise their own professional skill and judgment when choosing and using the By Lawyers Services to assist with providing their professional services. Subscribers who are Legal or Other professionals must satisfy themselves that By Lawyers Services are appropriate for the particular case or circumstances of intended use. By Lawyers does not warrant that By Lawyers Services are free of defects, nor fit for any specific purpose. By Lawyers accepts no liability for any errors or omissions in By Lawyers Services, nor for any loss or damage allegedly resulting from or connected with the use of any By Lawyers Services.

Subscribers who are not Legal or Other professionals use By Lawyers Services strictly at their own risk and with the explicit acknowledgement that they are not purchasing consumer goods and services and are not receiving any legal or other professional advice.

By Lawyers recommends that any subscribers who are not Legal or Other professionals seek legal advice about any particular case or circumstances for which they intend to use By Lawyers Services.

Scope and limitation of use

Subscribers may use By Lawyers Services to:

  1. inform themselves about the areas of law and practice covered in By Lawyers Services, including for the purposes of personal research or study;
  2. comply with their professional development requirements;
  3. obtain assistance with giving professional advice to their clients, including potential clients;
  4. prepare documents, advices, papers, submissions, communications to and for clients and potential clients, tenders, reports, and any other documents they wish to create for their own personal or commercial purposes.

Subscribers may not use By Lawyers Services to:

  1. compete with By Lawyers, which includes offering any By Lawyers precedents for re-sale;
  2. infringe any By Lawyers copyright;
  3. break any law;
  4. provide direct, unsupervised access to By Lawyers Services for the subscriber's own clients.

In the event of any unauthorised use of By Lawyers Services by a subscriber, By Lawyers may take any applicable action at law, including seeking urgent injunctive or declaratory relief, seeking an account of profits, or claiming damages that By Lawyers considers appropriate, or may otherwise reserve any such rights. Reservation of any such rights will not constitute their waiver.

Technology

Use of By Lawyers Services requires a compatible device, internet access and certain software, any or all of which may require updates or upgrades from time to time. Because use of By Lawyers Services involves hardware, software, and internet access, a subscriber’s ability to use By Lawyers Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. Subscribers acknowledge and agree that such system requirements are entirely their own responsibility and may change from time to time.

Cancellation policy

By Lawyers in its absolute discretion may immediately suspend, terminate or limit the access of any subscription to By Lawyers Services if By Lawyers consider on reasonable grounds that the subscriber is in breach of these Terms of Use. 

Account information

Subscription to By Lawyers Services requires registration, selection of a password and a username which is the subscriber’s email address and entry of a valid payment card for billing (‘Account information’).

Subscribers are responsible for the accuracy, currency and confidentiality of all Account information.

Subscribers are responsible for all access to the account and any usage of By Lawyers Services that occurs under the subscriber’s account, unless the subscriber has notified By Lawyers of any unauthorised access or use of the Account information, or any other relevant breach of security. By Lawyers will not be liable for any loss that a subscriber may incur as a result of someone else using their Account information, either with or without the subscriber’s knowledge.

By Lawyers is bound by and complies with applicable privacy legislation. By Lawyers keep all Account information confidential and secure. If there is ever a data breach which By Lawyers has reason to believe could cause harm to subscribers it will be promptly reported and disclosed in accordance with the Privacy Act 1988 (Cth). Please read our Privacy Policy for more information.

Third party websites

By Lawyers websites and By Lawyers Services contain links to third party websites ('Links').

Occasionally these Links may not work due to factors beyond By Lawyers’ control. By Lawyers monitors all Links and repairs any ‘broken’ Links as soon as possible. However, there is no obligation upon By Lawyers to ensure that Links are operational and subscribers have no entitlement to any refund or compensation where Links are inoperable for any period.

By Lawyers makes no warranties and accepts no liability for the Links including their content, accuracy, currency or reliability. Views or recommendations provided in the Links do not necessarily reflect those of By Lawyers.

How to subscribe

Note: By subscribing to a publication, the subscriber is agreeing to these Terms of Service.

To subscribe to a product on the By Lawyers website, complete the following steps:

  • Register, which requires the creation of a username and password;
  • Log in using your username and password;
  • Select the desired product(s) and select ‘Get Publication’;
  • Enter payment details and select ‘Complete Payment’.

Delivery

By Lawyers Services will be made available to the subscriber as soon as the credit card payment is processed. Confirmation and an invoice will be sent to the email address provided. 

Cancellation

To cancel a subscription, log in, click on ‘My Library’, identify the publication you wish to cancel, and select ‘Cancel Subscription’.

Please note that By Lawyers monthly subscriptions have a 3 month minimum subscription period.

If the subscriber cancels within the minimum subscription period, the cancellation will take effect at the end of that period. The subscriber will continue to be billed for the subscription until the end of the minimum subscription period.

No refunds

Refunds are not issued for payments made in relation to any By Lawyers subscriptions. If a subscription is cancelled, access to the publication will continue until the end of the subscription period and no refund will be made.

Agreement to pay

The subscriber agrees to pay for any subscriptions to By Lawyers Services and that By Lawyers may charge the payment card for those services and for any additional amounts arising including any taxes, recovery costs and late fees, as applicable. All fees will be billed to the payment card provided during the purchase process. To provide a different payment card or if there is a change in the existing payment card status, please update the payment card information on the By Lawyers website, by logging into your account, clicking on your user name, and selecting 'Payment Method'.

Prices

Prices of subscriptions are subject to change. By Lawyers reserves the right to change prices at any time and does not provide price protection or refunds in the event of a price drop or promotional offering. All prices are quoted in Australian Dollars.

Goods And Services Tax (‘GST’)

All subscriptions to By Lawyers Services are subject to GST.

Billing date

For monthly subscriptions By Lawyers debits payments in advance on a monthly basis to the subscriber's credit card. The monthly billing date is set when a subscriber makes their first payment on the By Lawyers website. Subsequent payments will be processed on the same date each month thereafter. Additional subscriptions will be aligned to the same monthly billing date and charged at a pro-rata amount from the date of new subscription to the original monthly billing date.

For annual subscriptions By Lawyers debits payments in advance annually. Subscribers receive an email reminder when the annual subscription payment is due to be deducted from their credit card. 

Payment methods

Payments are by payment card only. By Lawyers accepts:

  • Visa
  • MasterCard
  • American Express

Terms of service

The Terms of Service are subject to change without notice.