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 4. General Terms & Conditions for Online Services


GENERAL TERMS & CONDITIONS FOR ONLINE SERVICES

Kluwer Law International B.V.



TABLE OF CONTENTS

 1.  APPLICABILITY
 2.  DEFINITIONS
 3.  GENERAL TERMS
     1. Vendors
 4.  PURCHASE & PAYMENT TERMS
     1. Pricing
     2. Purchase
     3. Payment terms
     4. Tax Policy
 5.  DELIVERY TERMS
     1. Delivery of Products (print)
     2. Supply of access to Online Services or electronic Products
        1. General
        2. Free trial
        3. Licence terms
           1.  GRANT OF LICENCE
           2.  TERM OF LICENCE
           3.  FEES AND PAYMENT CONDITIONS
           4.  TAX
           5.  CONTENT SUPPLY
           6.  CONTENT ACCESS
           7.  CONTENT OWNERSHIP
           8.  AUTHORIZED AND UNAUTHORIZED USE
           9.  LICENSOR WARRANTIES and LIMITATION OF LIABILITY
           10. CONSEQUENCES OF TERMINATION and TERMINATION ON BREACH
     3. Title and Risk
     4. Cancellation policy
        Online Services and/or Electronic Products
        Books
        Loose Leafs
        Journals
     5. Claims/Returns/Refunds
        1. Claims
           
           
           We accept the following claims. Please contact our Customer Services
           team if you want to file a claim.
           
           Non-receipt: Journal and Loose leaf supplement claims will be met
           free of charge if made no later than 3 months after the publication
           date. Book claims will be met if made no later than 6 weeks of
           invoice date.
           
           Damaged goods: Claims that books, journals and supplements were
           damaged at moment of receipt, must be sent within 1 month of receipt
           including proof /photo. If the claim is acknowledged, a free
           replacement will be sent.
           
           Missing pages within a supplement: will be met free of charge if made
           no later than 3 months after publication date. Note: this does not
           include lost pages or supplements.
           
           Incorrect goods received: Provide proof (photo) and request for a
           replacement copy of the correct product.
           
           Incorrect invoice amount: If we have issued an Invoice in error, the
           Invoice will be credited (or the pro forma cancelled) and a correct
           document will be issued provided notification and proof of the error
           is received by KLI within 30 days of the date of issue.
           
           
     6. Returns
     7. Refunds
 6.  LEGAL TERMS
     1. Applicable Law and Jurisdiction
     2. Termination on breach
     3. Data Protection
     4. Anti-Bribery
     5. Liabilities – Force Majeure
     6. Miscellaneous
        (i)Headings
        (ii) Enforceability
        (iii) Different entities
        (iv) Validity of these Terms
 7.  USEFUL INFORMATION
     1. Contact details
        Compliance
        Marketing
        Sales
        Accounts
        Customer Services
 8.  INFORMATION FOR AUTHORS
 9.  TERMS AND CONDITIONS FOR ALL WEBSITE USERS
     1. Applicability
     2. Terms of Use of a KLI Website
 10. CONSUMERS’ RIGHT TO WITHDRAW
     1. Products
     2. Online Services
     3. Obligations of the Consumer during cooling-off period
     4. Exercise of the right to withdraw during cooling-off period
     5. KLI’s obligations in case of withdrawal
     6. Quality


1. APPLICABILITY

The Terms and Conditions established in this document (“Terms”) apply to the
purchase of any product or service (in print or digital) provided by Kluwer Law
International B.V. (“KLI”) as well as to the access and use of KLI Websites,
which include but are not limited to:

WEBSITES

Customer Service Contact Information:
Tel: +1 301-698-710
Email: customer.service@wolterskluwer.com

No other exceptions to these Terms will be accepted and applicability of a
Customer’s terms and conditions is hereby expressly refused unless previously
and expressly confirmed in writing. Contact details: Wolters Kluwer Legal &
Regulatory U.S. – International Group Kluwer Law International B.V. office, the
Netherlands (postal address): PO Box 316 2400 AH Alphen aan den Rijn The
Netherlands +31 (0) 172 64 1500 Kluwer Law International B.V. Office,
Netherlands (visiting address): Zuidpoolsingel 2 2408 ZE Alphen aan den Rijn The
Netherlands +31 (0) 172 64 1500 KLI is registered in the Netherlands’ Chamber of
Commerce Commercial Register under number 72152618. Our company’s Dutch VAT
number is NL-800910333B01. These Terms and Conditions have been updated in
October 2020.

Contact details:

Wolters Kluwer Legal & Regulatory U.S. – International Group

Kluwer Law International B.V. office, the Netherlands (postal address):
PO Box 316
2400 AH
Alphen aan den Rijn
The Netherlands
+31 (0) 172 64 1500

Kluwer Law International B.V. Office, Netherlands (visiting address):

Zuidpoolsingel 2
2408 ZE
Alphen aan den Rijn
The Netherlands
+31 (0) 172 64 1500

KLI is registered in the Netherlands’ Chamber of Commerce Commercial Register
under number 72152618. Our company’s Dutch VAT number is NL-800910333B01.


2. DEFINITIONS

 * Agreement: Any agreement between a Customer and KLI for the delivery of
   Product(s) and/or Service(s), including the Order Form (if any).
 * Authorized User: Any natural person who is legally entitled to access a
   specific KLI Online Service
 * Consumer: a Customer who is a natural person acting outside the scope of an
   economic activity (trade, business, craft, liberal profession).
 * Customer: any person who purchases any of the Products or Services offered by
   KLI. We recognize two types of customers that may or may not have similar
   purchase conditions: Customer is a legal person (B2B) and Customer is a
   Consumer (B2C).
 * Electronic Product: any Product offered in electronic form.
 * Invoice: a document issued by (or on behalf of) KLI stating the payment,
   delivery, transport and other relevant conditions relating to a purchase as
   agreed between the Customer and KLI.
 * Invoice (pro forma): is an invoice for payment in advance as a pre requisite
   for the purchase to become valid. A Pro Forma invoice becomes a document of
   title only when paid in full.
 * KLI Website: is a collection of related web pages, including multimedia
   content, typically identified with a common domain name. A KLI website may be
   accessible via a public Internet Protocol (IP) network, such as the Internet,
   or a private local area network (LAN), by referencing a uniform resource
   locator (URL) that identifies the website. A KLI Website is always owned and
   operated by KLI.
 * Licensee: A Customer who has purchased an Online Service and is entitled to
   Online Access.
 * Licence Fee: the fee for accessing an Online Service as agreed (in the Order
   Form).
 * Licensed Material/ Content: any content owned and provided by KLI to Licensee
   included in the Online Service or Electronic Product as per the Agreement,
   that may include optional tools or service(s) and to which the Licensee is
   entitled to have access by means of an Agreement;
 * Online Access: the access to the Licensed Material offered as the "Online
   Licensed Material” by KLI through the Internet. A Customer may have the
   following Online Access methods:
   
   Access Methods available for KLI’s Services Kluwer Law Online Kluwer
   Arbitration, Kluwer IP Law, Kluwer Competition Law, PE+, Kluwer International
   Tax Law IP recognition (anonymous) IP recognition (anonymous) User
   ID/password User ID/password Shibboleth/OpenAthens IP Prompt (IP recognition
   combined with User ID/pwd EZ Proxy SSO (NB: there is a waiting list); only if
   agreed with WK/KLI Referrer URL Referrer URL

 * Order Form: KLI's (online) order form or any other document accepted by KLI
   detailing the purchase conditions by which the Customer offers to purchase a
   Product or a Service in agreement with KLI and subject to the relevant
   applicable purchase, payment, delivery, access and legal terms as outlined in
   these Terms.
 * Online Service: A combination of bundled data, information, services and
   tools, including but not limited to the Licensed Material, offered by KLI
   over the internet, specified in the Agreement and to which a Licensee
   subscribes or an Authorized User has access to.
 * Price/Fees: the consideration given in exchange for the Products or Services.
   Whether a specific Price or Fee includes VAT or not will be clearly stated in
   the relevant communication.
 * Product: any of the items within KLI’s portfolio, offered in print and/or
   electronic form, with the exception of any Online Service.
 * Renewal Date: an anniversary of the Start Date as specified in the Agreement.
 * Renewal Fee: the fee agreed between the Customer and KLI to be paid for a
   renewal of the Customer’s subscription to an Online Service.
 * Service: any service that KLI provides to Customer pursuant to an Agreement.
   Service may include but is not limited to Kluwer Law Online, Kluwer
   Arbitration, Kluwer IP Law, Kluwer Competition Law and Kluwer International
   Tax Law.
 * Service Downtime: a period when a Service is unavailable for all users. The
   unavailability is the proportion of a time-span that a Service is unavailable
   or offline for all users. This is usually a result of the Service failing to
   function because of unplanned outage, or because of routine maintenance
   (planned outage), generally planned during weekends. The common reasons for
   unplanned outages are system failures (such as a crash) or communications
   failures (network outage). Downtime is measured from the time Licensee
   reports the event until the time the Service is restored and does not include
   time related to a scheduled or announced maintenance outage; causes beyond
   KLI's control; problems with Licensee or third party content or technology,
   designs or instructions; unsupported system configurations and platforms or
   other Licensee errors; or Licensee-caused security incident or Licensee
   security testing.
 * Service Maintenance: includes
   1. any planned outages taking reasonable periods for installation of Updates
      so long as such installation is undertaken during weekends, between the
      hours of 8:00 pm and 7:00 am GMT on business days, or at such other time
      as may be provided by Licensor upon at least 5 days’ prior written notice
      to Licensee;
   2. any denial of service attacks or other Downtime outside the reasonable
      control of Licensor;
   3. Downtime that arises out of actions or omissions of Licensee; and/or
   4. any Downtime that arises out of Licensee’s use of its own hardware or
      software or network with the Service which is not part of the
      functionality of the Service.
 * Service Outage: means the planned unavailability or temporary de-rating,
   restriction of use or reduction in performance of the services for any
   reason, including technical inspections, tests, repairs or maintenance, which
   results in a partial or total interruption of the services.
 * Site: the physical location(s) or address(es) at which the Licensed Material
   will be used as per the Agreement, or in default thereof the Customer's
   principal place of establishment.
 * Start Date: the date indicated as such on the Invoice or otherwise in the
   Agreement on which the Customer’s purchased subscription to a Product or
   Online Service takes effect.
 * VAT: Value added tax.
 * Website User: any person who lands in any of the Online Services or KLI
   Websites. Any Website User is bound by the terms and conditions as specified
   in clause 9 of these Terms and by any valid applicable regulations.


3. GENERAL TERMS


3.1 VENDORS

KLI has entered into various agreements with different vendors for the
fulfilment of a number of activities relating to the execution of an Agreement.
By purchasing any Product or Service, the Customer acknowledges and accepts that
vendors other than KLI may be responsible for performing part of the Agreement.


4. PURCHASE & PAYMENT TERMS


4.1 PRICING

The agreed price shall be stated in the Agreement and in Invoice. Where
applicable, VAT will be charged according to applicable rules on the date of the
Invoice.
Prices quoted for unavailable products are for information only and are subject
to change.


4.2 PURCHASE

An Agreement comes in effect after KLI has accepted an order of Customer. Once
an Agreement is effective, KLI will deliver the agreed Product/Service to the
Customer, as well as one or more Invoices, as applicable. When agreed so,
delivery may be subject to advance payment, for which KLI will issue an Invoice.
If the purchased print product is not available, the order will be placed on
back order, meaning that KLI will deliver the Product when available.


4.3 PAYMENT TERMS

KLI accepts the following payment methods:

Bank wire to one of our currency-related bank accounts. Payments can be done in
EUR, GBP or USD depending on the Customer’s bill to address location (GBP only
for UK, USD only for North and Latin America & Canada, EUR for Europe and RoW).

Credit Card (Master Card, VISA, AMEX): Please note that credit card statements
may display the processing party’s name rather than KLI’s name.

Please note that as per 1 January 2021 cheques are no longer accepted for
payment.

The applicable payment terms as discussed in advance shall be stated on the
invoice. For questions regarding payment terms and conditions please contact our
customer services team.

Payment of the Price and applicable VAT shall be due and owing within 30 days of
the date of the Invoice unless otherwise stated on the Invoice.


4.4 TAX POLICY

Any and all relevant tax regulations, including VAT rules, shall be applicable
to your purchase of a Product and/or Service. Amongst other it is required that
appropriate VAT is applied to orders fulfilled from the UK or the Netherlands
and that sales (use) tax rules are applied to orders fulfilled from the
distribution center in the U.S. Any applied tax shall be clearly itemized on the
invoice.

If you are a Customer in Europe and qualify for application of the VAT
reverse-charge mechanism, or a Customer in the U.S. and qualify for sales (use)
tax-exempt status, or if you have any other tax status that may be applicable,
please inform us in advance, when you place your order, and mail your VAT
details to our customer services team.
NOTE: if we do not receive the required information beforehand, your order will
be processed as if you do not have any special tax status.


5. DELIVERY TERMS


5.1 DELIVERY OF PRODUCTS (PRINT)

KLI will charge shipping and handling fees for all prepaid and credit card
orders for books and loose leafs (main works and supplements). KLI does not
offer hand delivery.

Orders with a shipping address outside the UK, will be charged shipping and
handling costs based on the weight of the products with a maximum set at
EUR/GBP/USD 35.00. General indication of delivery times, based on the
distribution network for individual countries: UK and Europe 4-9 Working Days
Middle East 5-10 Working Days Central and South America 8-14 Working Days Africa
8-14 Working Days Asia 8-14 Working Days.

All book orders are sent with tracking details; expedited shipping is not
available.


5.2 SUPPLY OF ACCESS TO ONLINE SERVICES OR ELECTRONIC PRODUCTS

5.2.1 GENERAL

This applies to Customers who are entitled to access any of KLI’s Online
Services and/or Electronic Products.

5.2.2 FREE TRIAL

f the Licensed Material is supplied on a trial-basis for evaluation purposes,
Licensee may use the Licensed Material for evaluation during the period agreed,
in accordance with these Terms and Conditions and subject to the conditions
agreed in advance with KLI. Customers accessing the Service and/or Product on a
trial-basis will not receive any invoice.

5.2.3 LICENCE TERMS

The Licence Agreement means the agreement between on the one hand KLI
("Licensor") and on the other hand the Customer ("Licensee") and it is at all
times subject to the present Terms and Conditions for Subscribers. These Terms
and Conditions shall apply on any offer or agreement with the exclusion of any
terms and conditions used by the Licensee, and may be updated and/or amended by
Licensor from time to time. By using the service you implicitly indicate
acceptance of these Terms and Conditions and any applicable legal provision
(including but not limited to Licensor’s copyright notice, disclaimer, privacy
policy, etc.). You accept that these Terms may be modified by Licensor from time
to time and agree to keep updated on such modifications.

 * 5.2.3.1 GRANT OF LICENCE
 * KLI hereby grants to the Licensee a non-exclusive, non-transferable Licence
   to access and use the Licensed Material at the Site, in accordance with the
   Agreement.
 * 5.2.3.2 TERM OF LICENCE
 * The Licence shall remain in force for the period of time stated in the
   Agreement, as agreed between KLI and Licensee. The Term of the Licence will
   start on the Start Date.
 * 5.2.3.3 FEES AND PAYMENT CONDITIONS
 * If payment of the Fees has not been received by KLI according to the payment
   conditions stated on the Invoice, Licensee will be in default without any
   further notice being required.
   KLI reserves the right to withhold delivery of the Licensed Material and any
   updates thereof until all outstanding fees and costs are paid.
 * 5.2.3.4 TAX
 * KLI’s fees do not include any taxes, levies, duties or similar governmental
   assessments of any nature, including, for example, value-added, sales, use or
   withholding taxes, assessable by any jurisdiction whatsoever (collectively
   referred to as “Taxes”) if not applicable to KLI. Licensee is responsible for
   paying all Taxes associated with the purchase of the Online Service. If KLI
   has the legal obligation to pay or collect Taxes for which Licensee is
   responsible under this section 5.2.3.4. , KLI will invoice Licensee and
   Licensee will pay the relevant amount unless Licensee has provided a valid
   tax exemption certificate authorized by the appropriate taxing authority. For
   the avoidance of doubt, KLI is solely responsible for taxes assessable
   against KLI based on KLI’s income, property and employees.
 * 5.2.3.5 CONTENT SUPPLY
 * KLI will supply to Licensee the Licensed Material and may at any time make
   modifications or improvements to the Licensed Material. KLI will use all
   reasonable endeavours, if and to the necessary extent, to make and supply
   updates to the Licensed Material.
   KLI may at any time withdraw from the Licensed Material any material included
   in it:
   1. if KLI ceases, for whatever reason, to publish the publication from which
      such material is taken or otherwise no longer retains the right to publish
      such material;
   2. f in KLI's reasonable opinion such material contains any matter which
      infringes copyright or is defamatory, obscene, unlawful, or otherwise
      objectionable.
   3. when customers indicate the need for a change, when technology advances of
      when it is no longer feasible or prudent to continue to offer it.
 * 5.2.3.6 CONTENT ACCESS
 * Licensee will be given access to the Licensed Material based on Licensee’s IP
   address(es). To access and use the Licensed Material Licensee must have a
   working Internet connection and it is recommended that Licensee has an
   electronic reading programme (such as Adobe Reader for reading electronic
   documents in .pdf format). Licensor is responsible for the cost, operation,
   and maintenance of the Service and the network connections between the
   Service and the Internet. Licensee is responsible for all computer hardware
   and software required to access the Service including establishing and
   maintaining Licensee’s network connectivity and sufficient bandwidth (at
   least 64kbps) between Licensee’s facilities and the Internet as well as any
   and all fees in relation to 3rd party services or software with which the
   Service may optionally interact.
 * Access may be managed through the use of a username and a unique password (or
   any other means of personal identification), which the Licensee shall only
   use or allow to be used by authorized users. The Licensee shall keep the
   identification information confidential and not disclose, disseminate or pass
   it on to unauthorized users (group companies, employees, partners, branch
   offices, business relations or other).
 * KLI has the right to limit or block Licensee's online access to the Licensed
   Material immediately and without prior notice if and when illegal access to
   the Licensed Material through the associated IP address(es) has been
   ascertained, or when there are reasonable grounds to suspect that such
   illegal access will occur or has occurred through this IP address (range).
 * Although reasonable care is given to ensure uninterrupted access to the
   Licensed Material, KLI shall not be liable for any temporary difficulties
   Licensee may encounter in accessing the Licensed Material whether due to
   telephone connections downtime of the internet server at the provider,
   maintenance, virus detection or elimination or any other (technical) reason
   whatsoever.
 * When there is Access Disruption, that is, when there is no Downtime for the
   Service, but there are access issues that are specific of an individual
   customer. These issues need to be evaluated and solved in close communication
   between KLI’s Technical Support and Licensee. A designated Licensee’s
   (technical) contact person shall contact KLI’s technical support in these
   cases at TechSupport@wolterskluwer.com.
 * Licensee acknowledges and agrees that performance and response times of the
   Service and the successful and uninterrupted Access to the Service are a
   function of Licensee’s applications requirements and will be affected by,
   amongst other factors, the mix of concurrently running applications, any
   networking capability utilized by Licensee on Licensee’s system and the
   amount of memory thereon.
 * In cases where Licensee’s Access fails or is disrupted by a cause other than
   a Service Outage and/or a Service Disruption, combined efforts from both
   Licensee and KLI will be needed to establish the most convenient measures to
   restore performance, response times and/or successful and uninterrupted
   Access to the Service.
 * KLI is committed to determination provide Service with a Downtime of no more
   than 5.0% per calendar month (the “Downtime Limit”). Should Licensee’s Access
   fail or be disrupted by a Service Outage, thereby exceeding the Downtime
   Limit, then for each full 60 minutes by which the Downtime Limit has been
   exceeded in a calendar month, Licensee shall be entitled to a compensation.
   This compensation shall equal to 5% of the (equivalent of the) monthly Fees
   paid by Customer for the month in which the Downtime Limit was exceeded. In
   case the Downtime Limit is exceeded by more than twelve hours per month in
   any two consecutive months, Customer shall also have a right to terminate
   this Agreement upon 7 days’ prior written notice so long as such termination
   occurs within 30 days of the end of the second month in which such Downtime
   Limit was exceeded. This clause constitutes the sole remedy of Licensee
   against KLI for exceeding any Downtime Limit. Upon termination of the
   Agreement by cause of exceeding Downtime Limit, KLI’s Cancellation Policy
   applies.
 * Licensee accepts that all functionality is delivered “as-is” and Licensee
   agrees that the functionality meets their full needs and requirements.
 * Licensee further acknowledges that Licensor will from time to time during the
   Term be required to temporarily reduce or interrupt access to the Service to
   conduct Maintenance.
 * Without prejudice to any other remedy KLI may have by law in the event of
   breach of the Licensee’s obligation in this clause, by way of penaltyLicensee
   shall become due and owing to KLI a sum equal to the yearly fee for
   multi-user access applicable to the Licensed Material at the time of such
   breach.
 * 5.2.3.7 CONTENT OWNERSHIP
 * The Licensed Material is not sold to Licensee. Licensee shall not acquire any
   right, title or interest in either the Licensed Material or in any
   documentation, material or content made available to Licensee. Any such
   documentation, material or content will remain at all times the property of
   KLI.
 * All rights in the Licensed Material whether these exist or may come into
   existence which are not specifically granted to Licensee by the Agreement are
   expressly reserved to KLI or to such other right holders as stated on the
   Licensed Material.
   Any copyrighted material is reproduced by KLI with the permission of the
   copyright holder.
 * 5.2.3.8 AUTHORIZED AND UNAUTHORIZED USE
   1.  Licensee shall use the Licensed Material and shall take all reasonable
       steps to ensure that its employees and partners shall use the Licensed
       Material only:
       1. for its own business purposes (or, if Customer is a Consumer, for its
          own personal use);
       2. by the user(s) specified on the Order Form;
       3. at the Site(s) specified on the Order Form;
       4. for the permitted purposes set out in the Agreement.
   2.  Licensee, its employees or partners on its behalf, during the normal
       course of Licensee's business, and, where Licensee's business is the
       provision of library services, bona fide on-site users of those services,
       may for its own business purposes:
       1. view the Licensed Material on screen;
       2. print extracts from the Licensed Material;
       3. transmit by print, fax, e-mail, or other method, extracts from the
          Licensed Material between employees, partners or agents of Licensee;
       4. transmit by print, fax, e-mail, or other method, extracts from the
          Licensed Material to third parties only in connection with the
          provision of professional advice provided that no additional fee is
          directly or indirectly charged for the transmission.
   3.  All extracts must clearly reproduce the copyright notice(s) and Licensee
       shall not do or omit to do or authorize any other person to do or omit to
       do any act which:
       1. would or might invalidate or be inconsistent with any intellectual
          property right of KLI in the Licensed Material
       2. would be in breach of or otherwise inconsistent with the moral rights
          of the authors of the items comprising the Licensed Material.
   4.  Licensee shall promptly inform KLI if Licensee becomes aware of:
       1. any unauthorised use of the Licensed Material
       2. any actual, threatened, or suspected infringement of any intellectual
          property right of KLI in the Licensed Material, and
       3. any claim by any third party that the Licensed Material infringes the
          intellectual property or other rights of any other person.
   5.  Licensee shall at the request and expense of KLI do all such things as
       may be reasonably required to assist KLI in taking or resisting
       proceedings in relation to any infringement or claim referred to in this
       Clause and in maintaining the validity and enforceability of the
       intellectual property of KLI in the Licensed Material.
   6.  Licensee shall not use the Licensed Material, allow access to the
       Licensed Material, or divulge any extract of the Licensed Material or any
       such result thereof nor allow or authorize the Licensed Material to be
       used for the purpose of operating a bureau or similar service or any
       online service whatsoever.
   7.  Licensee shall not erase, remove, deface or cover any trademark, trade
       names, numbers, copyright or other proprietary notices, guarantee,
       designation of origin, means of identification, disclaimer or other
       statement used on any media containing the Licensed Material or used in
       relation to it, nor shall Licensee authorize another person to do so.
   8.  Except insofar as permitted by law, Licensee shall not modify, reverse
       assemble, decompile or reverse engineer the Licensed Material or any part
       thereof, or permit any third party to do so.
   9.  Licensee shall not, except to the extent necessary to exercise the rights
       granted under the Agreement:
       1. make any alterations, additions or amendments to the Licensed
          Material;
       2. combine the whole or any part of the Licensed Material with any other
          software, data or material
       3. create derivative works from the whole or any part of the Licensed
          Material.
   10. Licensee shall not sublicense the Licensed Material to others and
       Licensee warrants that no access will be given to the Licensed Material
       to any person not being an employee, partner or student of Licensee's
       firm, company, organisation, university or other entity. Any access to
       the Licensed Material given by Licensee must comply with the Agreement.
   11. Except as permitted by law or these Terms, Licensee shall not itself nor
       allow any third party to duplicate or otherwise reproduce the Licensed
       Material or any part thereof.
   12. Neither the Agreement nor any of the rights and obligations of Licensee
       hereunder may be assigned, transferred, charged, delegated, sublicensed,
       or otherwise disposed of in whole or in part on a temporary or permanent
       basis unless Licensee has obtained the prior written consent of KLI.
 * 5.2.3.9 LICENSOR WARRANTIES and LIMITATION OF LIABILITY
   1. KLI warrants that it has obtained all necessary rights to grant the
      License.
   2. Whilst reasonable care is taken to ensure the accuracy and completeness of
      the Licensed Material supplied, KLI makes no representations or warranties
      whatsoever, express or implied, that the Licensed Material or Online
      Service is free from errors or omissions.
   3. Whilst reasonable care has been taken to exclude computer viruses, no
      representation or warranty is made that the Licensed Material or Online
      Service is virus free. Licensee shall be responsible to ensure that no
      virus is introduced to any computer or network.
   4. Licensee has satisfied itself prior to entering the Agreement that the
      Licensed Material meets Licensee's individual requirements and is
      compatible with Licensee's hardware/software configuration and no failure
      of any part or the whole of the Licensed Material to be suitable for those
      requirements will give rise to any right or claim against KLI.
   5. The warranties set out in this clause are exclusive of and in lieu of all
      other warranties, conditions, terms, undertakings, and obligations whether
      implied or expressed by law.
   6. KLI shall not be liable for any loss of whatsoever kind or for any
      indirect or consequential loss whatsoever, howsoever suffered by Licensee
      or for any liability of Licensee to any third party in connection with the
      Licensed Material (whether or not caused by the negligence of KLI).
   7. The aggregate maximum liability of KLI in respect of any direct or other
      loss (to the extent that such loss is not excluded by the Agreement or
      otherwise) whether such a claim arises in contract, tort or delict shall
      not exceed a sum equal to that paid as the last annual License Fee for the
      Licensed Material.
   8. KLI shall not be liable for the use of the Licensed Material by Licensee,
      its agents and employees and Licensee shall keep KLI fully indemnified
      against any claims, costs, damages, loss and liabilities arising out of
      any such use.
 * 5.2.3.10 CONSEQUENCES OF TERMINATION and TERMINATION ON BREACH
 * Upon termination of the Agreement Licensee will cease use of the Licensed
   Material. Any special conditions regarding access or use of the Licensed
   Material that may apply after termination of the Agreement must be previously
   discussed between KLI and Licensee and accepted by both parties in writing.
 * Both KLI and Licensee may terminate the License forthwith by written notice
   sent by courier, first class post or fax or via e-mail to the other party if:
   1. The other party has committed an irredeemable breach of the Agreement; or
   2. after one party, in the other party's reasonable opinion, has failed to
      remedy a remediable breach of these terms and conditions within 14 days of
      being given notice to do so; or
   3. Either party is declared bankrupt or enters into liquidation or any
      arrangement with creditors or has a receiver or administrative receiver
      appointed such termination being prejudice to any other claim which the
      other party may have.


5.3 TITLE AND RISK

Title to the Products shall remain with KLI until the Customer has paid the
amount due stated in the Invoice in full.
Risk in the Products shall pass to the Customer upon despatch.


5.4 CANCELLATION POLICY

Online Services and/or Electronic Products

All new 12-month subscriptions may be declined within the first 30 days for full
credit. After the 30-day review period, the KLI cancellation policy will apply.
12-month renewal subscriptions will receive credit if cancelled prior to the
renewal date. After the renewal date, the 1-4 months cancellation credit amount
of 25% applies. Multi-year subscriptions’ cancellation policy applies
exclusively during the first year of the agreed subscription period’

The cancellation policy is as follows:

If your cancellation request is received by KLI prior to the 10th of the month,
that cancellation will be effective the 1st of that month. If your cancellation
request is received after the 10th of the month that cancellation will be
effective the 1st of the following month. Please see the scale below to
determine the amount of credit, if any, that you would receive should you choose
to cancel your subscription.

Months of Service Credit to your accoun

 * 1-4 months: 25%
 * 5-12 months: No credit will be given

Books

Cancellation of print Book orders are accepted if cancellation is received prior
to the book shipping. If the book has shipped please read our return policy in
clause 5.5 below.

Loose Leafs

Enrollment of a title in our standing order program may be cancelled at any
time. There is no minimum purchase requirement. For new edition(s) or
supplement(s) sent to you on a standing order basis may be returned within 30
days of the invoice date. KLI does not automatically charge the credit card or
Account Number used as payment for your initial purchase. If you do not return
any new editions or supplements sent to you on a standing order basis by the end
of the 30-day period, you are responsible for paying the full invoice for the
new edition or supplement.

Journals

Journals: current active journal subscriptions are non-cancellable.
Cancellations are accepted for the following subscription period.


5.5 CLAIMS/RETURNS/REFUNDS

5.5.1 CLAIMS

We accept the following claims. Please contact our Customer Services team if you
want to file a claim.

Non-receipt: Journal and Loose-leaf supplement claims will be met free of charge
if made no later than 3 months after the publication date. Book claims will be
met if made no later than 6 weeks of invoice date.

Damaged goods: Claims that books, journals and supplements were damaged at
moment of receipt, must be sent within 1 month of receipt including proof
/photo. If the claim is acknowledged, a free replacement will be sent.

Missing pages within a supplement: will be met free of charge if made no later
than 3 months after publication date. Note: this does not include lost pages or
supplements.

Incorrect goods received: Provide proof (photo) and request for a replacement
copy of the correct product.

Incorrect invoice amount: If we have issued an Invoice in error, the Invoice
will be credited (or the pro forma cancelled) and a correct document will be
issued provided notification and proof of the error is received by KLI within 30
days of the date of issue.

5.5.2 RETURNS

Loose-leaf publications (only main works): Items returned within 30 days of the
Invoice date along with the Invoice marked “Cancel” will receive full credit.

Books: Books returned within 30 days of the Invoice date along with the Invoice
marked “cancel” will receive full credit. This applies to an order for
quantities of less than 50 copies. Please send book(s) postage paid via
traceable method and retain proof of shipment. Returns will be made at the
Customer’s expense except in case of books sent in error. Returns must always be
accompanied by a copy of the invoice. Books received without such documentation
will not be accepted.

A returned Product must be in a resalable condition when received from the
Customer (so the Customer is responsible for adequate wrapping so it will be
received in good condition). Please contact our Customer Services for details on
return instructions. They will follow the necessary steps for refund/
replacement.

5.5.3 REFUNDS

Provided Customer has made the relevant payment, following an approved
cancellation of any Products and/or Online Services order, refund will be
granted if request is made within two weeks of the Invoice date. Refund requests
made after two weeks of the invoice date and/or requests for refund on partial
Online Services subscriptions are not permitted. Orders for Online Services will
be refunded only subject to a prior written submission of a request thereto and
prior approval by KLI.


6. LEGAL TERMS


6.1 APPLICABLE LAW AND JURISDICTION

These Terms and the Agreement are governed and construed in accordance with the
laws of the Netherlands. The sole jurisdiction and venue for any action that may
arise under or in relation to the subject matter hereof shall be the Dutch
courts, notwithstanding KLI’s right to bring case before the court having
jurisdiction over Customer’s place of business or Customer’s place of residence.


6.2 TERMINATION ON BREACH

Both the Customer and KLI are entitled to terminate an Agreement with immediate
effect:

 1. in case of a material breach of the terms if such breach remains uncured at
    the expiration of 30 days from the date a written notice of the breach was
    given; or
 2. if the either party becomes the subject of a petition of bankruptcy or any
    other proceeding relating to insolvency, receivership, liquidation or
    assignment for the benefit of creditors.

In no event will termination of the Agreement in accordance with clause 6.2 of
these Terms relieve a Licensee’s obligation to pay any fees payable prior to the
effective date of termination.


6.3 DATA PROTECTION

KLI is a Dutch entity and as such subject to EU applicable regulations in
relation with (sensitive) data protection issues. Any question regarding data
protection measures taken can be addressed to the compliance e-mail address
stated under 7.1 below (Compliance).


6.4 ANTI-BRIBERY

By purchasing a Product or Service and accepting these Terms the Customer agrees
that no illegal or improper bribe, kickback, payment, gift, valuable item has
been involved in connection with the purchase. If Customer learns of any
violation of the above restriction, it will immediately be notified to KLI to
the e-mail address stated under 7.1.1 below (Compliance).


6.5 LIABILITIES – FORCE MAJEURE

KLI accepts no liability for loss or damage, for Product delivery delays or for
failure to supply access to Online Services arising from factors outside its
reasonable control, including but not limited to act of God, acts or omissions
of civil or military authority, war, fire, flood, natural disaster, labour
disputes, shortage of supplies or compliance with orders lawfully given by any
public authority.


6.6 MISCELLANEOUS

 1. Headings.
    The headings in these Terms are for ease of reference only and shall not be
    taken into account in the construction or interpretation of any term to
    which they refer.
 2. Enforceability.
    Failure by either the Customer or KLI to at any time or for any time enforce
    or insist on the performance of an obligation or any term or any of its
    rights under these Terms will not be deemed to be or construed as a waiver
    thereof or of any other obligation or of any other term or of any of its
    other rights under these Terms.
    If any term of these Terms were found by any court of competent jurisdiction
    or other competent authority to be invalid or unenforceable in whole or in
    part, the remainder of the affected term and any other term will continue to
    be valid and enforceable.
 3. Different entities.
    Where the Customer and/or KLI represent two or more legal entities the
    liability shall be joint and several.
 4. Validity of these Terms. KLI reserves the right to modify these Terms. As a
    Visitor and as a Customer you are encouraged to keep informed and up-to-date
    regarding the applicable terms and conditions. These Terms were last revised
    and approved on 1 January 2023.


7. USEFUL INFORMATION


7.1 CONTACT DETAILS

Compliance
If you need official documents such as a Financial Traceability or Proof of
Residence forms, or an extract of the Chamber of Commerce, or if you have any
questions, comments of remarks regarding these Terms and Conditions, please
contact us at Lrs-Compliance@wolterskluwer.com

Marketing
For questions or requests regarding privacy policy issues, the use of cookies,
information regarding our partners/affiliates, or about pricing, please contact
our Marketing department at International-Marketing@wolterskluwer.com

Sales
For matters regarding your subscription, for upgrades of your services or any
other sales question, please contact your sales contact person or our general
sales department at International-Sales@wolterskluwer.com

Accounts
For any question regarding your invoice, the status of your payment or your
credit account, please contact our accounts department at
International-Invoices@wolterskluwer.com

Customer Services
Customer Service Email: customer.service@wolterskluwer.com
Customer Service Telephone: Tel: +1 301-698-7100


8. INFORMATION FOR AUTHORS

Some of these Terms may be adapted for the benefit of our authors. Please note
that all the relevant information that may be of interest for KLI authors can be
found in our Author Portal at http://authors.wolterskluwerblogs.com/ Regarding
purchases, authors may have special conditions for the purchase of their own
works. Please contact your regular contact person or
http://authors.wolterskluwerblogs.com/contact-form/


9. TERMS AND CONDITIONS FOR ALL WEBSITE USERS


9.1 APPLICABILITY

If you are browsing through any of our websites, even if you are not (yet) a
Customer, you are a Website User and as such you are subject to these Terms and
Conditions. If you do not agree to any or all of the Terms and Conditions please
cease using or accessing any site owned and operated by KLI.

KLI Website(s) include, but are not limited to the following:

WEBSITES


9.2 TERMS OF USE OF A KLI WEBSITE

The KLI Websites are owned and operated by KLI. For more information about our
company, please click on the “Home” button included in the KLI Website. By
accessing or using a KLI Website, you agree to be bound by these Terms and to
any incorporated guidelines, rules or disclaimers posted on the KLI Website.
Please also read our applicable Privacy Policy, including our Cookies policy and
our Disclaimer. By purchasing any of the Products or Services offered on the KLI
Website, you will become a Customer. If you do not agree with these Terms,
please do not use any KLI Website.

Any user of a KLI Website may print content from the site for personal,
non-commercial use, provided that all copyright and other proprietary notices
are kept intact. All systematic retrieval of content from a KLI website to
create or compile, directly or indirectly, a collection, compilation, database
or directory without prior permission from KLI is forbidden.

The use of robots, spiders, crawlers or other automated downloading programs or
devices for any purpose, including but not limited to harvesting another’s
postal or e-mail address from a KLI Website to send unsolicited or unauthorized
commercial material, is prohibited.

You may not use the services on a KLI Website to publish or distribute any
information (including software or other content) which is illegal, which
violates or infringes upon the rights of any other person, which is abusive,
hateful, obscene, profane, pornographic, threatening or vulgar, which contains
errors, viruses or other harmful components, or which is otherwise actionable at
law.

All information provided by KLI on a KLI Website is owned by or licensed to KLI.
All trademarks appearing on a KLI Website are the property of their respective
owners.

A KLI Website may contain hyperlinks to other sites or resources. KLI assumes no
responsibility for any material or resource of a third party that may be
accessed through any such links. Any transaction that occurs between you and a
third party is strictly between you and the third party. Please check the terms
and conditions and privacy policies of any linked site, as they may differ from
ours.

By using or accessing a KLI Website you agree to indemnify KLI from any damage,
loss, costs or expenses that KLI, its affiliates, their respective employees and
authorized representatives may incur as a result of material entered into a KLI
Website by you.

In addition to any prohibitions and limitations imposed by relevant copyright
law, in accepting these Terms or by accessing and viewing pages of a KLI
Website, you warrant and represent to the fullest extent permitted by law that,
other than copying a small proportion of content, strictly for your personal
non-commercial use, you will not:

make a copy, whether hand-drawn, printed, screen-captured or in any other form,
of any part of this website,

transmit, in any form or by any means (electronic, mechanical, photocopying,
recording and/or otherwise) the website or any part of it without our prior
written consent.
More information on any of these Terms, please contact us at Terms & Conditions
questions.


10. CONSUMERS’ RIGHT TO WITHRAW

In addition to the foregoing, the following section applies when Customer is a
Consumer. In case of conflict between the foregoing and this part of these
Terms, this part prevails.


10.1 PRODUCTS

Consumer may cancel the purchase of a Product during a cooling-off period of 14
days without giving any reason. The cooling-off period starts on the day after
Consumer, or on behalf of Consumer a third party, has received the Product, or:

 1. if Consumer has purchased multiple Products in the same order: the day on
    which Consumer, or a third party designated by him, has received the last of
    these Products. Provided that the Consumer has clearly been informed prior
    to the ordering process, KLI may refuse an order for several Products with
    different delivery times; or
 2. if the supply of a Product consists of several consignments or parts: the
    day on which Consumer, or a third party designated by him, has received the
    last shipment or piece; or
 3. in case of Agreements for regular delivery of loose leafs and/or journals
    over a period of time: the day on which Consumer, or a third party
    designated by him, has received the first Product.


10.2 ONLINE SERVICES

10.2.1. Consumer may cancel the purchase of a License to Online Services during
a cooling-off period of 14 days. The cooling-off period shall take effect on the
day of conclusion of the Agreement.

10.2.2. Consumer does not have the right to withdrawal from the use of Online
Services

 * 10.2.2.a. if the Online Service has been made available to Consumer following
   Consumer’s express consent in advance to having the Online Service available;
   or
 * 10.2.2.b. if Consumer has acknowledged that he loses his right of withdrawal
   immediately after the Online Service has been made fully available by KLI.


10.3. OBLIGATIONS OF THE CONSUMER DURING COOLING-OFF PERIOD

10.3.1. During the cooling-off period Consumer shall extract or use the Product
or Online Service only to the extent necessary to the nature, characteristics
and operation of the Product or Online Service. The starting point is that
Consumer only handles and inspects the Product or Online Service as he would in
a store.

10.3.2. Consumer shall be liable for depreciation of the Product or Online
Service as a result of dealing with the Product or Online Service outside what
is allowed in clause 10.3.1 above.


10.4. EXERCISE OF THE RIGHT TO WITHDRAW DURING COOLING-OFF PERIOD

10.4.1. Consumer may exercise his right of withdrawal by unambiguously notifying
KLI within the cooling-off period using KLI’s withdrawal form or any other
means.

10.4.2. As fast as possible, but within 14 days from the day following the
notification referred to in clause 10.3 Consumer shall send the Product back.
Consumer shall send back the Product, if possible in original condition and
packaging, and in accordance with the instructions provided by KLI.

10.4.3. Consumer shall bear the direct cost of returning the Product following a
withdrawal.

10.4.4. If Consumer has made use of Online Services before cancelation, Consumer
shall pay all reasonable fees for the time Consumer has made use of the Online
Services.

10.4.5. Upon withdrawal to Online Services, Consumer will cease use of the
Online Services.


10.5. KLI’S OBLIGATIONS IN CASE OF WITHDRAWAL

10.5.1. Provided Consumer has made the relevant payment, following an approved
cancellation or return of any Product and/or License order, KLI will refund
within 14 days after notification as referred to in clause 8. KLI may suspend
payment until it has received the Product or until the Consumer shows that he
has returned the Product, depending what time is earlier.

10.5.2. KLI uses the same method of payment for refund that Consumer used for
payment, unless Consumer explicitly consents to another method of refund. The
repayment is free of charge for Consumer.

10.5.3. If Consumer has opted for a more expensive method of delivery than the
cheapest standard delivery of KLI, the additional costs for the more expensive
method are non-refundable.


10.6. QUALITY

Nothing in these Terms deprives Consumer of his/her mandatory rights, if any, to
have the Products and Services comply with the Agreement.

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