Publications Terms of Use


By accessing or using any Deloitte Access Economics or “DAE” branded publications, and the content and materials contained therein (the Publications), you agree to the following Terms of Use (Terms). Please read the Terms carefully before using the Publications.

  1. The term “we” or “us” refers to Deloitte Access Economics Pty Ltd. The term “you” refers to the user of the Publications or those users who are authorised to make use of the Publications in accordance with these Terms (Authorised Users). You are responsible for restricting usage to only Authorised Users and taking appropriate security measures to protect access to the Publications.
  2. Your purchase provides you access to one or more of Deloitte Access Economics’ publications for the subscription period consistent with the terms of your purchase as set out in the customer order form.
  3. All materials (including logos, company names, trademarks, images, software and content whether downloaded or not and any updates or amendments to those materials) (Materials) contained in the Publications are owned by Deloitte (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the Materials are valuable property and that, other than any licence granted to you these Terms, you shall not acquire any ownership rights in or to such Materials. The Materials may not be used except as provided for in these Terms and in any other agreement you execute with Deloitte or one of our authorised third party distributors of the Publications. Third Party Material means data, databases, information, computer software and other materials which are owned by third parties and sublicensed to you pursuant to these Terms, and where the context requires, includes copies of the Third Party Material and any modifications or updates to the Third Party Material.
  4. Where the Materials include Third Party Material you must ensure that at all times the Third Party Material contains any copyright notices or disclaimers that have been affixed to the Third Party Materials. You acknowledge that (i) as a condition of the supply by us of Third Party Material to you, we and the owners of such Third Party Material disclaim all warranties to the extent permitted by law in relation to the use of such Third Party Material and we make no representations as to the state, quality, condition, accuracy, currency or completeness of the Third Party Material; (ii) neither we, nor the owners of the Third Party Materials have any liability to you for any loss or damage (including consequential loss or damage) suffered by any person arising from your, or their, use of the Third Party Materials); (iii) you will advise us if you discover any errors in the Third Party Materials; (iv) you agree to comply with any reasonable direction given by us relating to your use of the Third Party Material including, where applicable, complying with any future legislation and/or government policy which imposes binding restrictions or limitations relating to the supply of Third Party Material; (v) You are responsible for yours and your Authorised Users’ compliance with the terms of any additional terms relating to your use of the Third Party Materials. We will provide these to you upon request; and (vi) an owner of Third Party Materials is, to the extent permitted by Law of any relevant jurisdiction, an intended third-party beneficiary of, and entitled to enforce, these Terms in its own right.
  5. You are granted a non-transferable, limited, non-exclusive, revocable, royalty-free licence to access and use the Publications, including any Materials or Third Party Material, where applicable. You and your Authorised Users may only use the Publications for your internal business purposes and must not (i) distribute, rebrand, market, relicense, sublicense, rent, lease, assign, re-package, license, sell, adapt, translate, enhance, copy, modify, decompile, disassemble, reverse engineer or translate of the whole or any part of the Publications; (ii) merge the Publications into any other platform or Publications or port any content from the Publications to any other platform or Publications; (iii) create derivative works based on the Publications; (iv) duplicate, sell or reproduce any of the content available through the Publications, or any portion thereof, except as permitted in the applicable licence grant set forth above; and/or (v) use the Publications or any content contained therein to develop, licence, sub-licence or otherwise make available any product or service that mimics, duplicates or competes with the features and/or functionality of the Publications.
  6. Deloitte will invoice you in arrears to receiving access to the Publications.
  7. We shall provide post-sales support to you via telephone or email during normal business hours (9am – 5pm in Victoria) excluding weekends and Victorian public holidays.
  8. You acknowledge and agree that neither the Publications nor the content contained therein constitute professional, accounting, tax or legal advice of any kind and do not consider your specific objectives, situation or needs. You further acknowledge and agree that you should not rely on the Publications or the information contained within the Publications and that you are responsible for any decisions that you make as a result of your use of the Publications. To the extent permitted at law, Deloitte accepts no duty of care or liability to anyone regarding the Publications or its contents.
  9. Any rights not expressly granted in these Terms are reserved by Deloitte and all implied licences are disclaimed.
  10. You confirm that you have, or have made necessary arrangements to have in place suitable hardware, software and access to the internet to enable you to use the Publications. You many not access the Publications in an unauthorised manner.
  11. You are responsible for complying with all applicable laws in relation to your use of, or access to, the Publications. You agree not to use the Publications for any illegal, immoral or harmful purpose.
  12. By breaching any of these Terms, you may commit a criminal offence under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Publications will cease immediately.
  13. Each of us agrees to protect and keep confidential any Confidential Information that is given to us by the other. You acknowledge that we may provide certain Confidential Information to our third party service providers. However we will remain primarily liable for any use or disclosure of such Confidential Information by those third parties. Each of us also acknowledges that the terms of the Deloitte Privacy Policy will apply to your use of the Publications. The Deloitte Privacy Policy can be accessed here: http://www.deloitte.com/view/en_AU/au/privacy/index.htm. You further acknowledge that, to the extent of any inconsistency between these Terms and the Deloitte Privacy Policy, these Terms will prevail. Confidential Information means any information or material that is proprietary to or deemed to be proprietary to either party and is disclosed to the other party further to us providing you with the right to access and use the Publications in accordance with these Terms. For the avoidance of doubt, any Third Party Material is considered Confidential Information of ours and any Personal Information you provide to us is considered Confidential Information of yours.
  14. Deloitte does not claim any ownership rights in any of your Personal Information. However, by submitting Personal Information
    to us, you hereby grant Deloitte an irrevocable, perpetual, non-exclusive, royalty-free to use, copy, display, edit, distribute and
    otherwise exploit such information for sales, marketing, benchmarking and customer analysis purposes.
  15. THE PUBLICATIONS ARE PROVIDED TO YOU ON AN ‘AS IS’ BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL TERMS, CONDITIONS, WARRANTIES, UNDERTAKINGS, INDUCEMENTS OR REPRESENTATIONS ON ANY BASIS (INCLUDING NEGLIGENCE) WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING IN ANY WAY TO THE PUBLICATIONS ARE EXCLUDED BY DELOITTE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES. WITHOUT LIMITING THE FOREGOING, ANY LIABILITY UNDER ANY CONDITION, WARRANTY OR REPRESENTATION THAT BY LAW CANNOT BE EXCLUDED IS, WHERE PERMITTED BY LAW, AT OUR OPTION, TO AMMEND THE PUBLICATIONS. TO THE EXTENT PERMITTED BY LAW (A) ALL OF OUR LIABILITY IS EXCLUDED IN RESPECT OF ANY INDIRECT OR CONSEQUENTIAL LOSS INCURRED BY YOU, IN RELATION TO THE PUBLICATIONS AND IN ANY EVENT FOR ANY LOSS OF INCOME OR LOST OR CORRUPTED DATA; AND (B) WE WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM ANY ERRORS IN OR OMISSIONS FROM THE PUBLICATIONS OR ANY MATERIALS BEYOND OUR REASONABLE CONTROL, THE UNAVAILABILITY OR INTERRUPTION TO THE SUPPLY OF THE PUBLICATIONS, YOUR USE OR MISUSE OF THE PUBLICATIONS OR MATERIALS (REGARDLESS OF WHETHER YOU HAV RECEIVED ANY ASSISTANCE FROM US IN USING OR MISUSING THE PUBLICATIONS), THE CONTENT OF YOUR MATERIALS, LOSS OR DAMAGE TO YOUR MATERIALS, YOUR USE OF ANY EQUIPMENT IN CONNECTION WITH THE PUBLICATIONS OR ANY DELAY OR FAILURE IN PERFORMACNE BEYOND OUR REASONABLE CONTROL. IN ALL OTHER MATTERS, DELOITTE SHALL BE LIABLE TO YOU FOR ANY CLAIMS, LIABILITIES OR EXPENSES RELATING TO THESE TERMS UP TO AN AGGREGATE AMOUNT EQUAL TO THE FEES PAID BY YOU TO US FOR THE PUBLICATIONS IN THE 12 MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE INITIAL ACT OR OMISSION GIVING RISE TO THE LIABLITY FIRST OCCURRED.
  16. You indemnify, defend and hold Deloitte, its successors and permitted assigns (those indemnified) harmless of and from any damage, loss, cost or expense or any other liability of every nature, kind and description whatsoever (including, without limitation, consequential loss and reasonable attorneys’ fees and expenses) incurred or suffered by those indemnified, by reason of or resulting from or arising out of any claims arising from yours, or your Authorised Users’, use of the Publications, including any third party claims that arises as a result of a third party alleging infringement of the Intellectual Property Rights which arise from the use of the Third Party Materials in a manner or for a purpose not reasonably contemplated or not authorised by us.
  17. If Deloitte believes, in its sole discretion, that the Publications, or any part thereof, has become the subject of a claim of
    infringement, Deloitte, at its option and expense, may: (i) procure the right for you to continue to use the Publications; (ii) replace
    or modify the Publications so as to make it non-infringing; or (iii) discontinue the licence granted herein. The foregoing states
    the entire liability of Deloitte with respect to infringement of any copyrights, patent, licence or other property right by the
    Publications or any parts thereof.
  18. These Terms shall commence on the date on which you first receive the Publications and shall continue until terminated in accordance with its terms. Your right to use the Publications shall terminate if (a) your agreement with Deloitte to use the Publications expires or terminates; or (b) you fail to comply with any of the material terms or conditions of these Terms, or the Deloitte Privacy Policy and do not cure such failure in a reasonable period of time after becoming aware of such non-compliance. Within five (5) business days of the expiration or termination of these Terms, you shall immediately discontinue all use of the Publications in whole or in part.
  19. Either of us may terminate these Terms at any time by giving the other 30 days’ prior written notice and we may terminate these Terms immediately if we identify circumstances that could cause us to have a conflict of interest.
  20. These Terms and the Deloitte Privacy Policy may be amended from time to time and by continuing to use the Publication, you agree to comply with those terms, as they are amended from time to time.
  21. Your use of the Publications and these Terms are governed by the laws of New South Wales, Australia.
  22. If, after the purchase of any of our products or services, you or your organisation were to experience a change in any of the factors we consider in our risk, compliance and/or regulatory assessment processes we may have to discontinue any ongoing subscriptions. In such circumstances we would endeavour to provide as much notice and proactive management as possible to minimise disruption to your business.
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