2. Paying the Invoice
Full payment is due to Thomson Reuters Canada within 30 days of the invoice date, unless otherwise noted on the invoice or agreed to in writing. Web payment can be made via MyAccount.
3. Claiming Non-receipt of Goods
Claims for missing material (e.g. releases, supplements, issues, parts) should be made within 30 days of the Customer receiving the next invoice or release. This includes receiving the subsequent material or Statement of Account showing an amount due for material not received. For online services, claims of non-receipt of user passwords should be received by Thomson Reuters Canada within 30 days of contract signing.
4. Subscription or Standing Order (Renewals and Supplements)
All provisions in this Section are subject to Section 5.
- Bound Books
Unless otherwise instructed at the time of the order, we place purchasers of bound books on standing order to automatically receive replacement annual/biannual/biennial editions and supplemental material. Customers can decline automatic standing order at the time of ordering by requesting to be placed on advise status for notification only when new editions are published. This policy applies to purchases of 5 or less copies. When 6 or more copies are ordered the Customer is automatically placed on advise status.
- Annual and Periodical Subscriptions
- Unless otherwise instructed at the time of the order, purchasers are automatically placed on subscription and automatically renewed and invoiced for subsequent subscription periods at then-current rates. A shipping and handling charge is included on renewal invoices for print and CD-ROM products to cover costs involved in the delivery of the updates/parts over the subscription period. For online services, the Term of this Agreement commences from the Access Start Date. The initial Term of this Agreement is documented in the Customer Contract. Subsequent to the initial Term (and any renewals thereafter), the Term shall automatically renew for a further year on each anniversary thereafter, at a price which is increased over that for the just ending term, unless the Customer gives written notice of termination to Thomson Reuters Canada which is received by Thomson Reuters Canada within 30 days of the date of any renewal invoice from Thomson Reuters Canada.
- For bill-as-published loose-leaf services (also referred to as supplemented services), customers can choose:
Customers who select the Subscription option can also receive, where available, an online subscription to the eReference version of the supplemented service.
- the Subscription option, which provides automatic shipment and billing of updates as published, or
- the Release Collection option, which provides non-subscribers with an up-to-date copy of the main-work contents at a cost equal to the current list price of the main work plus the prior calendar year’s releases for that service.
- Transferring a Subscription (Assignment)
The Customer may not assign, sub-license or otherwise transfer or encumber Agreements, or any of Customer’s' rights or obligations under Agreements, to any person except with the prior written consent of Thomson Reuters Canada. Thomson Reuters Canada may assign or transfer Agreements and/or any rights or obligations to any Thomson Reuters Canada affiliate, and Thomson Reuters Canada or such affiliate-assignee may assign or transfer Agreements and/or any rights or obligations to any third-party successor to all or substantially all of the business or assets of Thomson Reuters Canada, in each case without the prior consent of Customer.
6. Other Important Conditions
6.1. Limited Warranties and Limitation of Liability
- Thomson Reuters Canada disclaims any representations, warranties or conditions, express or implied, including those of performance or merchantability or fitness for a particular purpose with respect to the features and data. Thomson Reuters Canada provides the features, forms and data “as is”, and does not warrant that the functions or that the operation or content will be:
- free from libelous content which is an invasion of privacy
- identical to the original source from which the data or features were obtained
- free from any software virus or other harmful component
- Thomson Reuters Canada shall not be liable for any loss or injury arising out of or caused, in whole or in part, by its negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the data.
- Thomson Reuters Canada shall not be liable for any indirect, consequential, punitive or special damages of the Customer or of any third party claimed against the Customer, including, without limitation, damages for loss of profits or revenue or failure to realize expected savings, however derived.
- Notwithstanding anything to the contrary in this agreement or any statute or rule of law to the contrary, subject to section C above, the cumulative liability of Thomson Reuters Canada for all claims arising out of or in connection with this agreement and any schedules attached hereto, whether directly or indirectly, including, without limitation, from or in connection with the licence, use or improper functioning of the features and/or data shall not exceed all fees paid to Thomson Reuters Canada by the Customer for access to any of its online services pursuant to the associated agreement. The expression “Thomson Reuters Canada” in this section shall be deemed to include any licensors or third-party suppliers to Thomson Reuters Canada of data, and all gateway providers of data through Thomson Reuters Canada to the Customer.
6.2. Publishing disclaimer
Products and services are designed to provide accurate and authoritative information but with the understanding that Thomson Reuters Canada is not engaged in rendering legal, accounting or other professional advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
Copyright © Thomson Reuters Canada, a division of Thomson Reuters Canada Limited or its licensors in all products and services provided by Thomson Reuters Canada. Reproduction in whole or in part of any Thomson Reuters Canada product or service, regardless of publishing format, is strictly prohibited. Reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as specified in the product Licence Agreement, constitutes copyright infringement without the prior written permission of the Publisher. Copyright is vigorously protected. Thomson Reuters Canada is committed to continuing its partnership with the professional community in promoting access to Thomson Reuters Canada products.
All pricing information related to this agreement is confidential pricing information of Thomson Reuters Canada. Customer agrees that disclosure of any pricing information related to this agreement would cause immediate harm to Thomson Reuters Canada. Thus Customer agrees to keep all such pricing information confidential, and Customer will take all reasonable precautions against any disclosure of such pricing information to any third person.
Access to online services is provided subject to a Licence Agreement which is available for viewing on the related product website. “Customer” in these terms & conditions is “Subscriber” or “User’ in the Licence Agreement.
With effect after the expiry of the notice to the Customer (which shall be deemed to have been given by Thomson Reuters Canada upon posting online on www.carswell.com or any other general or product specific website of Thomson Reuters Canada), Thomson Reuters Canada may amend these Terms and Conditions, other than with respect to price, during any Term of the contract, by giving at least 30 days prior notice of the amended Terms and Conditions to the Customers in writing or online, subject to the Customer’s termination rights below. Customer may terminate this Agreement immediately upon giving written notice to Thomson Reuters Canada within 30 days of being deemed to have received notice from Thomson Reuters Canada of amended Terms and Conditions. Any other amendment must be in writing and signed by both Thomson Reuters Canada and the Customer.