Latest Judgments – Alert Service Terms of Use

Please read the following Agreement before using Latest Judgments - Alert Service ("LJAS"). This Agreement sets forth the terms and conditions that apply to your use of LJAS. By using LJAS, you are deemed to have agreed to comply with all of the terms and conditions of this Agreement.

1. Definitions

LJAS is an online information service provided by The Thomson Corporation Hong Kong Ltd, trading as Sweet & Maxwell Asia, Business Registration Number 16940355-002-02-98-0 ("SMA"), consisting of information services and content provided by SMA.

"The User" refers to each person who is entitled to use LJAS under an LJAS subscription agreement entered into either individually or on their behalf by a firm, business, institution or other body.

"The e-mail notification" refers to a daily e-mail notification of judgments received from the judiciary, usually within the past 12-48 hours, sent to the User by SMA.

1. The User’s right to use LJAS is is not transferable to any other person or entity.
2. The User is responsible for all use of LJAS under his or her user ID (username) or password and for ensuring that all use under that user ID and password complies fully with the provisions of this Agreement.
3. The User is responsible for protecting the confidentiality of the User's user ID and password and must not share them with any other person or allow any other person to access the service under that user ID or password
4. The User may not nominate a group e-mail account for receipt of the e-mail notification.

SMA grants the User a non-exclusive licence to use the LJAS service for the duration of the User’s LJAS subscription agreement.

This Agreement will continue in force until terminated by either party upon at least 30 days prior written notice termination to the other party.

SMA may terminate this licence should any breach of these terms or non-payment of the licence fee(s) due under the User’s subscription agreement not be rectified within 15 days of demand by SMA.

SMA reserves the right at any time to change or modify the terms and conditions applicable to the use of LJAS or to impose new conditions with respect to such use. SMA reserves the right at any time to modify or remove any aspect or feature of LJAS, including but not limited to content, appearance, functionality, hours of availability, and equipment needed for access or use. SMA may offer certain enhancements to the product(s) for a fee additional to the licence fee, but the User’s access to such enhancements will be at the election of the person, firm, business, institution or other body who has entered into the LJAS subscription agreement. Enhancements may include:

1. upgrades to databases, software, user manuals and content
2. changes to any disclaimers or applicable restrictions.

6. Copyright Warranty and Usage of Products

6.1. Usage of Products

The User is granted a licence within the terms of this agreement to make use of the SMA Product(s) for the purposes of research or study. LJAS contains copyrighted material, trademarks, and other proprietary information. The Licence granted here does not permit the User to reproduce any portions of the SMA Product(s) other than fair dealing for the purpose of:

1. research or private study;
2. criticism or review;
3. giving of professional advice to a client in the course of the User's profession.
4. printing or copying to a hard disk or floppy disk for ease of legitimate business use.

Without limiting cl 6.2, the licence granted by this agreement unless otherwise authorised by SMA expressly prohibits:

1. the forwarding or distribution of the e-mail notification.
2. the supply or distribution to third parties of the User’s user ID (username) or password;
3. copying, automated browsing or downloading, redistribution, publication, or commercial exploitation of material available on LJAS;
4. the conversion of any data/information or software into any magnetic, optical or other storage medium;
5. the supply or distribution to third parties of the content of any SMA product or part of any SMA product for reward or otherwise except as authorised by this Agreement;
6. the loan or rental of any SMA product to any third party;
7. the creation of a competitive product with a substantially similar "look and feel" to that of the SMA product(s);
8. the reverse engineering of SMA product(s) for the purpose of copying or emulating the content, features or function;
9. the use of SMA product(s) for any purpose directed to the creation directly or indirectly of any product(s) intended to be disseminated to other persons whether for reward or not.

The User shall give immediate written notice to SMA of any unauthorised use of any SMA product or service of which the User is aware or becomes aware.

The User may not assign or sub-licence any of its rights under this Agreement without the prior written consent of SMA.

The content of SMA product(s) may be used for non-commercial purposes in connection with the preparation of papers, reports, presentations, or scholarly uses, provided that such use does not exceed the lesser of 10% of any single LJAS product or 1,000 words. In the event of any permitted use of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made without written consent from SMA.

7. Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administration Region (HKSAR) and the courts of the HKSAR shall have exclusive jurisdiction to determine any disputes arising hereunder.

8. Effect of Termination

The termination of this Agreement shall not prejudice any rights or obligations accrued at the date of termination. Further, upon termination, the information contained in all SMA product(s) remains the property of SMA. Use of content of SMA product(s) after termination is on the understanding that the User continues to be bound by the conditions of clauses 7, 8 and 10, and on the understanding that there is no entitlement to further support, maintenance or training from SMA. Any errors resulting from the product(s) ceasing to be maintained are accepted by the User and SMA does not accept any responsibility in this respect.

9. Disclaimer

SMA does not make any warranty, without limitation to the accuracy, reliability, availability, suitability, quality, or operation of any information, software, or service provided on or accessible LJAS.

1. SMA shall not be liable for any damage to property, loss of revenue, business, information or profits including any indirect or consequential loss arising from, or attributed to, the use of any SMA product(s).
2. Except as expressly provided to the contrary in this Agreement, all terms, conditions, warranties and representations, express or implied, (including conditions of merchantable quality and fitness for a particular purpose) relating in any way to the product, and/or other materials or to this agreement are expressly excluded save any such conditions or warranties which, by law, are incapable of being so excluded. The product is supplied "as is" and SMA does not warrant that it will operate uninterrupted or is error free. Without limiting the generality of the forgoing, SMA its servants and agents shall not be liable for any loss or damage whatsoever (including but not limited to damages for negligence, loss of profits, loss of business information or interruption to business) suffered by any person arising directly, indirectly consequentially or incidentally out of, in connection with or in respect of this licence or the product(s) and/or other materials whether or not any negligence of SMA its servants or agents may be involved.
3. This clause will survive the rescission or termination of this Agreement