These terms and conditions (Terms) apply to the supply of Subscribed Products by J W Carter Publishing Pty Ltd ABN 52 076 287 057 (J W Carter Publishing) to a Customer through the CarterOnline website at https://CarterOnline.com.au/ (Website)
These Terms do not permit more than one natural person (ie the Customer) to access or use the Subscribed Products. A licence which permits more than one authorised user may be agreed, on the basis of a customised Quotation and the terms and conditions which are provided with the customised Quotation.
Download a copy of these Terms and Conditions (PDF)
The parties acknowledge and agree that:
(a) (Customer Licence) In consideration of payment of the Licence Fee, J W Carter Publishing grants the Customer a non-exclusive and non-transferable licence to access, view and use the Subscribed Products through the Website subject to these Terms. This licence is granted only to the individual Customer named in the application for a licence on the Website and not to any other persons.
(b) (Authorised Uses) Subject to any other restrictions in these Terms, the Customer may use the Subscribed Products for: research, comment or criticism; to provide legal or advisory services to clients; and in connection with the administration and management of its internal business operations (Permitted Purposes). The Customer is also permitted to:
(1) print any information or materials within the Subscribed Products, and
(2) download any information or materials within the Subscribed Products,
for the Customer’s internal or personal use for the Permitted Purposes and otherwise subject to 1(c). The Customer must ensure that any such use for the Permitted Purposes is on a fair and reasonable, non-systemic basis that is not commercially prejudicial to J W Carter Publishing.
(c) (Unauthorised Uses) The Customer must not:
(1) communicate or transmit the Subscribed Products, by any technical means, to a third party (whether for sale or commercial redistribution or otherwise);
(2) download or store any material from the Subscribed Products to or in any physical or digital media or equipment not owned and controlled by the Customer or store any such material other than on a temporary basis (no longer than the period for which you hold a Licence, except with respect to limited material modified or incorporated in other material the Customer creates on a fair and reasonable basis for the Permitted Purposes in accordance with these Terms);
(3) use the Subscribed Products in conjunction with large language models, machine learning, generative artificial intelligence or other similar technologies;
(4) use the Subscribed Products to compete with J W Carter Publishing; or
(5) use the Subscribed Products in violation of any applicable law, third party rights or in a manner that infringes the copyright or proprietary interests therein.
(d) (Intellectual Property) The Customer acknowledges and agrees that:
(1) all Intellectual Property Rights in the Subscribed Products and all materials and documentation made available in connection with the Website, are owned by J W Carter Publishing or its licensors, except to the extent third party source materials are otherwise attributed including by citations;
(2) it obtains no right, title or interest in or to the Subscribed Products other than any right to use the Subscribed Products via the Website as expressly permitted in these Terms; and
(3) J W Carter Publishing or its licensors own all Intellectual Property Rights in its branding, trade marks and other content that it develops or creates which constitute the visual elements of the Subscribed Products and Website and other aspects contributing to the ‘look and feel’ of the Website.
(a) (Licence Fees) The Customer must pay the licence fee for the initial Licence Term specified on the Website for the Subscribed Products as at the time of acceptance of these Terms (Licence Fee). This Licence Fee will be payable through the Website and in advance. If payment is not received under this clause 2(a), J W Carter may withdraw the Customer’s access to the Subscribed Products through the Website.
(b) (Notification of Licence Fees for subsequent Licence Terms) J W Carter Publishing will notify you at least 30 days before the end of the then current Licence Term of the Licence Fee and payment terms for the next Licence Term. If you wish to renew the Licence for that next Licence Term, you must pay the notified Licence Fee in accordance with the notified payment terms.
(a) (Permitted Use of Access Details) The Customer must not disclose and must keep confidential and secure any Access Details issued by J W Carter Publishing or its contractors to the Customer and must not provide such Access Details to or permit use of such Access Details by any other person. If the Customer fails to comply with this clause 3(a), J W Carter Publishing may terminate the Customer’s access to the Subscribed Products, and the Customer may be liable for additional charges in respect of any such unauthorised use.
(b) (Maintenance of the Website) The Customer acknowledges that J W Carter Publishing may operate and maintain the Website through a subcontractor, and that this subcontractor may be responsible for the allocation and cancellation of Access Details (amongst other functions). The Customer consents to J W Carter Publishing providing its details to any subcontractor for the purpose of maintaining the Website, providing for payment of the Licence Fee, allocating and cancelling any Access Details and to enable the Customer to access the Subscribed Products through the Website. J W Carter Publishing will ensure that any subcontractor agrees to only use details provided by the Customer in accordance with these purposes.
(a) (Expectations for Subscribed Products) J W Carter will use reasonable endeavours to ensure the Subscribed Products and Website are available, error-free and up-to-date. However, the Customer acknowledges and agrees that:
(1) from June 2026 chapters of the work known as Carter on Contract are being progressively updated and added to the Website, and that the entire work is not expected to be included on the Website until 2027
(2) the Subscribed Products available on the Website are updated progressively on a chapter-by-chapter basis, as required, to reflect the current legal landscape;
(3) J W Carter Publishing may add or withdraw information, materials or features to the Subscribed Products or Website during the Term. If any such change materially reduces the benefit of the Subscribed Products to the Customer, the Customer may by notice to J W Carter Publishing terminate the licence and J W Carter Publishing will provide a pro rata refund of the Licence Fee in respect of the balance of the then current Licence Term; and
(4) The Subscribed Services and Website may be temporarily unavailable from time to time due reasonable scheduled system maintenance. The Website may also not be available at any time as a result of events beyond the reasonable control of J W Carter Publishing.
(b) (Not Legal Advice) The Subscribed Products and Website provided to the Customer are provided for the Permitted Purposes only. J W Carter Publishing does not intend to, and does not, provide legal or professional advice by allowing the Customer to access and use its Subscribed Products and Website. The Subscribed Products and Website should not be used as legal advice or as a substitute for professional judgment.
(a) (Term) The Licence will commence on the date the Customer is given access to the Website and will continue until the end of the Licence Term for the calendar year in which the Customer is first given access to the Website. After that period, the Licence will renew for the Licence Term for successive calendar years only if:
(1) the Customer elects to pay the Licence Fee for the next Licence Term, and any Licence Term thereafter.
For the avoidance of doubt, if the Customer does not pay the Licence Fee prior to the end of the Licence Term for the relevant year, the Licence will terminate and the Customer’s access to the Subscribed Products through the Website will be withdrawn.
(b) (Reduction in Licence Fee) If the Customer is given access to the Subscribed Products for less than the Licence Term, the Licence Fee will be reduced on a pro rata basis.
(c) (Termination) A party may terminate the Licence by notice if the other party:
(1) materially breaches the Terms; and
(2) if the breach can be remedied, fails to remedy the breach within 10 Business Days’ notice requiring it to be remedied.
(d) (Obligations following Termination) If the Licence is terminated for any reason the Customer must, immediately after termination of the Licence, destroy any digital files or physical copies made of any part of the Subscribed Products.
(a) (Use of Personal Information) J W Carter Publishing agrees that:
(1) It will comply with all applicable laws including the Privacy Act 1988 (Cth) relating to Personal Information collected, held or disclosed by it in connection with the Website; and
(2) it will only use or disclose Personal Information about any Customer, including any names, addresses, email addresses and phone numbers, to the extent necessary for the performance of J W Carter Publishing’s obligations under these Terms. J W Carter Publishing will ensure that any person allowed to access such Personal Information under the Terms will also comply with this requirement.
(a) (Limitation) J W Carter Publishing is not liable for any Loss suffered or incurred by the Customer in connection with the Subscribed Products, Website or these Terms except in respect of any failure to comply with any consumer guarantee applicable to the supply of the Subscribed Products under the Australian Consumer Law and subject to clause 7(b).
(b) To the extent any consumer guarantee under the Australian Consumer Law applies to the supply of the Subscribed Products and the Subscribed Services are not services of a kind ordinarily acquired for personal domestic or household use or consumption, J W Carter Publishing limits its liability for failure to comply with the consumer guarantees to resupply of the Subscribed Products or paying the cost of resupply of the Subscribed Products.
(a) (Governing Law) These Terms are governed by the law of New South Wales, Australia.
(b) (Severability) Any provision in these Terms that is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
(c) (Waiver) No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver. The meanings of the terms used in this clause 8(c) are set out below:
(1) conduct includes delay in the exercise of a right;
(2) right means any right arising under or in connection with this agreement and includes the right to rely on this clause; and
(3) waiver includes an election between rights and remedies, and conduct which might otherwise give rise to an estoppel.
(d) (Assignment) The Customer must not assign its rights under these Terms without J W Carter Publishing’s prior written consent.
(e) (Amendments) J W Carter Publishing may amend these Terms at any time by providing the Customer with at least 7 Business Days’ notice of the changes. If any change negatively affects the Customer in a material respect, the Customer may terminate its then current Licence and receive a pro rata refund of the Licence Fee.
(f) (Notice) All notices under or in connection with these Terms must be issued in writing and sent by email to the email address of the Customer at the time of registration while notices to J W Carter Publishing should be sent by email to info@JWCarterpublishing.com.au.
(g) (Free Trial) To the extent that an individual is offered a free trial by J W Carter Publishing to access any of the Subscribed Services for a specified period (Prospective Customer), the Prospective Customer agrees that these Terms (save for clauses 2 and 5(a)-(b)) also apply to them as if they were a Customer.
(a) (Defined Terms) In these Terms, bold terms have the meanings specified above, and:
(1) Access Details means the user name, login details or other credentials issued or made available by J W Carter Publishing to enable the Customer to access the Subscribed Products on the Website.
(2) Business Day means a day on which banks are open for business in Sydney, Australia other than a Saturday, Sunday or public holiday in that city.
(3) Contents means the information, materials and documentation provided by J W Carter Publishing for publication on the Website including, but not limited to, the work known as Carter on Contract.
(4) Customer means a natural person who requests and is permitted by J W Carter Publishing to access the Subscribed Products through the Website.
(5) Intellectual Property Rights means all intellectual property rights, including trade marks, copyright, patents, and designs, whether registered or unregistered and including the right to register, throughout the world.
(6) Licence means the licence granted in clause 1.
(7) Licence Term means 12 months.
(8) Loss means any damage, expense, loss, cost or liability however caused (including by negligence).
(9) Personal Information means personal information as defined under the Privacy Act 1988 (Cth).
(10) Subscribed Products means the materials and information, as updated from time to time by J W Carter Publishing which: a. are licenced by J W Carter Publishing to the Customer and are accessible through the Website; and b. the Customer indicated to J W Carter Publishing it wishes to be subscribed to. For the avoidance of doubt, prior to the payment of the Licence Fee the Customer will indicate to J W Carter Publishing which products (as available on the Website at that time) it wishes to be subscribed to. The Customer will then only be able access these Subscribed Products during the Term.
(11) Quotation means, for the purpose of a Customer who is requesting access for more than one authorised user, the quotation provided by J W Carter Publishing in response to an inquiry about pricing of the Subscribed Products submitted by the Customer through the Website.
(12) Website means the website at https://CarterOnline.com.au/ and, for the avoidance of doubt, includes, but is not limited to, the Subscribed Products and Contents found on the website and its associated pages.