- Licence Agreement
IBISWorld Pty Ltd ABN 76 006 819 987 (IBISWorld) and your employer or tertiary educational institution (Client) have entered into an agreement (Licence Agreement) under which the Client is granted a licence for access to and use of IBISWorld’s website ( IBISWorld Website) at www.ibisworld.com.au and reports, wizards, spreadsheets, lists, databases, profiles and other discrete folders of information (Licensed Products) in a module (Licensed Module) on the IBISWorld Website.
Accordingly, your access to and use of the IBISWorld Website is governed by the terms and conditions of the Licence Agreement.
You must do everything reasonably within your power to ensure that the Client complies with the Licence Agreement and you must not do anything that would result in the Client breaching the Licence Agreement.
- Registered User
You acknowledge that you are a registered user (Registered User) of the IBISWorld Website, namely:
in the case of a Client that is a university or other tertiary educational institution, you are an employee of the Client who is based in Australia and are employed to teach academic courses or conduct academic research in Australia in the ordinary course or you are a student who is based in Australia and enrolled in an approved course of study or research at the institution in Australia;
in any other case, you are an employee of the Client who is based in Australia and works in the Client’s usual business in Australia;
you have been authorised by the Client to have access to the Licensed Modules;
if required by IBISWorld:
you have completed the IBISWorld on-line user registration process through the IBISWorld Website; and
you have been assigned a unique identification code by IBISWorld to gain access to the Licensed Modules.
Whilst you are a Registered User, the Licence Agreement permits you:
to access the Licensed Modules, and to view each Licensed Product, via the IBISWorld Website subject to any limit imposed under the Licence Agreement on the number or value of Licensed Products that may be accessed by Registered Users during the term, or any part of the term, of the Licence Agreement;
to download and/or copy the Licensed Products subject to any limit imposed under the Licence Agreement on the number or value of Licensed Products that may be downloaded by Registered Users during the term, or any part of the term, of the Licence Agreement and provided that:
downloads and electronic copies are made and stored in the Word, PDF or Excel format in which they exist on the IBISWorld Website and are downloaded or copied to and stored in a computer system that can only be accessed by Registered Users in Australia; and
paper copies are kept in a secure area that can only be accessed by Registered Users in Australia;
to distribute copies of the Licensed Products or any part of them subject to any limit imposed under the Licence Agreement on the distribution of copies of Licensed Products and provided that copies are only distributed to other Eligible Users in Australia; and
to otherwise use the Licensed Products in Australia provided that the use is a fair dealing for the purpose of research, study, criticism or review;
during the term of the Licence Agreement solely for the permitted purpose (Permitted Purpose), namely, if you are a student of the Client, the purpose of you undertaking the approved course of study or research in which you are enrolled with the Client in Australia or, in any other case, the purpose of you performing your duties for the Client that are necessary for the Client to carry on in Australia its usual business in the ordinary course.
You must not access, download, copy, modify, distribute, provide, sell, use or otherwise exploit any content (Content) on the IBISWorld Website (whether a Licensed Module, Licensed Product or other content), or authorise or allow anyone to do so, except as permitted under the Licence Agreement.
You must ensure that no opinion, report or other document prepared by you includes any statement, graph, table or other content of a report in a Licensed Module, or a statement based on such content, unless:
the document is prepared and, if provided to another person, is provided to the other person solely for the Permitted Purpose during the term of the Licence Agreement;
the content included in the document or on which the statement in the document is based, constitutes less than 10% of the report and is not all or substantially all of a summary, overview or other key section of the report or other substantial part of the report;
the content or statement based on the content, fairly represents the content of the report and is a correct and fair copy of, or extract from, the content of the report; and
the document includes a statement close to the content or statement based on the content, to the effect that the content is from a report prepared by IBISWorld Pty Ltd, identifies the title and date of the report, and provides that IBISWorld Pty Ltd has not consented to the use of the content in the document.
Where you prepare, or are involved in the preparation of, a prospectus, information memorandum or other kind of document for an offer of securities or other assets for issue or sale, you must ensure that the document does not include any statement, graph, table or other content of a report in a Licensed Module, or a statement based on such content, unless IBISWorld expressly consents in writing to the inclusion of the content or statement based on the content in the document. For the avoidance of doubt, IBISWorld may in its absolute discretion withhold its consent or give it either unconditionally or on such conditions as IBISWorld may determine.
If you commit a breach of this clause 4, despite anything else contained in the Licence Agreement, IBISWorld may prevent or restrict your access to and use of the IBISWorld Website and Content to such an extent and in such a way as IBISWorld may determine in its absolute discretion.
you must not access, download, copy, distribute or use the IBISWorld Website or Content excessively or unreasonably, and must ensure that the number of Licensed Products that are accessed or downloaded by you does not exceed 10 in a day or 25 in a month during the term of the Licence Agreement;
where the licence type in the on-line application for the Licence Agreement is shown as ‘Direct’, you must not distribute copies of the Licensed Products or any part of them other than to other Registered Users in Australia; and
where the licence type in the on-line application for the Licence Agreement is shown as ‘Select’:
the licence to access and view Licensed Products is time limited such that once you open a Licensed Product via the IBISWorld Website, that Licensed Product will only remain open and be able to be viewed by you for 24 hours after it was first opened;
where a Licensed Product is downloaded by you from the IBISWorld Website, you must ensure that the downloaded Licensed Product is not copied, distributed or used other than for the specific purpose for which it was originally downloaded; and
the limitations on access under paragraph (a) above do not apply.
- Intellectual property
You acknowledge and agree that the IBISWorld Website and Content and all intellectual property and other rights (present and future) in and to the IBISWorld Website or any Content, are and will be owned by and vested in IBISWorld.
If you become aware of any infringement or threatened infringement of any intellectual property or other right of IBISWorld in or to the IBISWorld Website or any Content, you must promptly notify IBISWorld of that infringement or threatened infringement.
If you becomes aware of any claim of infringement of any intellectual property or other right of any person due to the use of the IBISWorld Website or any Content, you must promptly notify IBISWorld of that claim.
- Disclaimer and limitation of liability
You acknowledge and agree that IBISWorld makes no warranty of any kind to you relating to the IBISWorld Website or any Content including as to:
non-infringement of third party rights, merchantability, fitness for any particular purpose or use, or accuracy or completeness;
reliability, quality or availability of a Licensed Module or Licensed Product through the internet;
the absence of viruses or other contaminating or destructive properties in the software used to gain access to or use a Licensed Module or Licensed Product; or
any reference in a Licensed Module or Licensed Product to a website operated by a third party, access to or the contents of the website, or any hyperlink to gain access to the website.
and all conditions, warranties and other terms which would be implied or otherwise incorporated in these terms as binding on IBISWorld are excluded to the fullest extent permitted by law.
None of IBISWorld, its related bodies corporate and their respective officers, employees, agents, consultants and contractors has any liability to you for any loss or damage arising in connection with the accessibility, content or use of the IBISWorld Website or any Content including direct, indirect, consequential, special or punitive loss or damage.
No exclusion of implied terms or disclaimer or limitation of liability contained in these terms applies to the extent that it is prohibited by law but where liability in connection with a defect in any Content may be lawfully limited to the supply of that Content again without the defect, liability is so limited.
Upon termination of the Licence Agreement or you ceasing to be, or to be eligible to be, a Registered User, your access to the IBISWorld Website will be terminated and you must:
cease accessing, downloading and using the IBISWorld Website and Content and all reports, data and other information produced or generated by you or by or on behalf of the Client, a related body corporate of the Client or an officer, employee, agent, consultant or contractor of the Client or a related body corporate of the Client (Client Group Entity) which are based on or include any Content; and
delete from your own personal electronic devices and otherwise deliver up to the Client all copies of the Content downloaded by you or in your possession or control (whether in hard copy or electronic format and whether stored on or accessible from any person’s equipment) and all reports, data and other information produced or generated by you or by or on behalf of a Client Group Entity which are based on or include any Content and are in your possession or control (whether in hard copy or electronic format and whether stored on or accessible from any person’s equipment).
You consent to commercial electronic messages (as defined in the Spam Act 20013 (Cth)) being sent by or on behalf of IBISWorld or a related body corporate of IBISWorld to you at your Client domain based email address.
You also consent to IBISWorld and its related bodies corporate collecting, processing, storing and/or using information which you submit or otherwise provide when using the IBISWorld Website or regarding the manner in which you use the IBISWorld Website.
- Governing law
In these terms headings and bold typing are included for convenience only and do not affect interpretation and, unless the context otherwise requires:
a reference to a word includes the singular and the plural of the word and vice versa and a reference to a gender includes any gender;
a term which refers to a person includes a company, a partnership, an association, a corporation, a body corporate, a joint venture, a sovereign state, a government or a government department or agency;
in the case of a Client that is a university or other tertiary educational institution, a reference to the Client carrying on in Australia its usual business in the ordinary course means the Client teaching academic courses or conducting academic research in Australia in the ordinary course, and nothing else;
the term ‘including’, ‘e.g.’, ‘such as’, ‘particularly’ or any similar expression is not used as, nor is intended to be interpreted as, a term of limitation; and
a word or term defined in the Corporations Act 2001 (Cth) has the same meaning in these terms and conditions.