Terms & Conditions

Please Read The Following Terms of Use ("Terms") Carefully Before Using This Website. By Using or Accessing This Website, You Acknowledge That You Have Read These Terms of Use and That You Accept and will be Bound by Them. If You Do Not Accept These Terms of Use, Please Do NOT Register for an account on this Website.

Copyright in all content on this Website and all the materials (text, design & organisation of the Website, illustrations & code) included in it is owned by NotesEdu Pty Ltd, and all rights therein are reserved. You must abide by all copyright notices and restrictions contained on the Website. This User Agreement permits you a limited (non-exclusive, non-assignable, non-transferable) license to access and use this Website, the Public Materials, and subscription Materials for your personal and non-commercial use.

No materials (including, but not limited to, practice tests) on this Website may be reproduced, stored, transmitted, resold, altered or further distributed without our prior written permission. Permission requests should be sent in writing to the address at the bottom of this policy. In addition, you may produce a single machine-readable copy of the free downloadable Website Materials that NotesEdu generally makes available to the online public and grants' permission to reproduce for personal and non-commercial use only. If you believe that any content posted on the NotesEdu Pty Ltd website infringes your copyright or other intellectual property rights, you may notify NotesEdu at the address at the bottom of this policy. Upon receipt of a Notice, NotesEdu will take such action as we, in our sole discretion, deem appropriate, including removing the challenged part in use from the Website.

Trademarks:

The logos or trade names displayed on the Website or the contents available through the Website are registered and unregistered Trademarks of others, and ours may not be used unless you receive written permission from the trademark owner. All Trademarks not owned by us that appear on the Website are the property of their respective owners. Your misuse or misrepresentation of the Trademarks displayed on the Website is strictly prohibited.

Registration and Paid Subscription:

All Subscription Services require you to register as a member/subscriber before you can access such Services. Upon completing the registration process, NotesEdu will grant you an account that provides you with the personal, non-transferable, and non-exclusive right to access and use the Services and the NotesEdu Website subject to the terms and conditions of these Terms of Service & Privacy Policy.

You are responsible for maintaining the confidentiality of your email address and password that you designate during registration. You agree to notify NotesEdu immediately of any unauthorised use of your email address, username or password or any other security breach, and you agree to exit from your account at the end of each session, especially if you are using public computers and networks. Additionally, you should be careful when inputting your email address and password in public settings, so others cannot view this information. NotesEdu will not be liable for any damage or loss due to your failure to comply with this provision.

Temporary Service Suspension

NotesEdu reserves the right, at its sole discretion, to suspend access to the Website at any time for upgrading, redesigning, repairing or otherwise maintaining the Website. NotesEdu will make commercially reasonable efforts to minimise the time required to perform such activity and inform its online user community through the notices displayed on the website's home page.

Termination of User Access

NotesEdu may restrict, terminate, or suspend your account and/or access to the Website and/or its subscription services or discontinue any aspect of the Website or the subscription's services at any time if we determine, at our sole discretion, that

• You have violated our terms and conditions or applicable law or for any other reason without notice or liability.
• You have breached the limited (non-exclusive, non-assignable, non-transferable) license provision by sharing your username and password with others.
• You have not accessed your account for more than 30 days.
• You are a repeat infringer of intellectual property rights

Note: Please contact NotesEdu at contact@notesedu.com.au to get your account released. If we have determined that your account had been accessed at different computers simultaneously, then we will suspend your account and need your explanation. Release of your account will be at the sole discretionary decision of NotesEdu.

NotesEdu reserves the right to add to or change/modify the terms of this Agreement. NotesEdu reserves the right to modify, suspend/cancel, or discontinue any service at any time without notice, make modifications and alterations in any or all the content and services contained on the Website without prior notice. We will inform our online user community through the messages displayed on the website's home page, and you will be deemed to have accepted any change if you continue to access the Website after that time.

Prohibited User Activities

You acknowledge and agree that you are solely responsible for any acts and omissions under your account/username. You agree not to engage in any unacceptable uses of the Website as mentioned below:

• You MAY NOT USE the Website in a manner that will infringe the copyright, trademark or other intellectual property rights of others.
• You MAY NOT USE the Website in a manner that will transmit, distribute, store or destroy Website material.
• You MAY NOT USE the Website in a manner that will violate the privacy, publicity or other personal rights.
• You MAY NOT USE the Website in a manner that will interfere, disrupt or attempt to gain unauthorised access to other accounts.
• You MAY NOT USE the Website in a manner that will disclose/permit a third party to use your password or fail to notify NotesEdu if a password is compromised.
• You MAY NOT USE the Website in a manner that will create user accounts by automated means or under fraudulent or false pretences.
• You MAY NOT USE the Website in a manner that will transmit unsolicited electronic communications such as spam to Members or promote any products or services.
• You MAY NOT USE the Website in a manner that will collect and publish any information about any of our members.
• You MAY NOT USE the Website in a manner that will disseminate, store or transmit viruses, worms, trojan horses or other malicious code or program.
• You MAY NOT USE the Website in a manner that will Invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent.

You warrant and agree that you will not use the Website in any manner that could damage, disable, alter, or impair the Website or its content thereof or interfere with any other party's use and enjoyment of the Website.

Indemnification

You hereby agree to indemnify and hold NotesEdu and its directors, officers, employees, representative, content or service providers and partners against any loss, any and all claims and liabilities (including attorney's fees and legal fees), damages, cost and expenses, which any of its directors, officers, employees; representative and partners incur in connection with any claim arising out of or resulting from:

• Your breach or violation of these terms and conditions
• Your violation of any law, regulation or right of any other person or any unauthorised use of your account or password
• Your unauthorised access and use of material from NotesEdu Website
• Your placement or transmission of any message, content, information, software or other materials through the Website

You agree to cooperate with any reasonable requests to assist NotesEdu defence of such claims. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Applicable Law and Jurisdiction

We control the Website from our Office in Sydney, Australia. As such, the Terms and Conditions of this Website are subject to the law of Sydney and Australia regardless of the location of the Website user, and any claims of any kind related thereto must be filed in the court of Sydney, Australia.

Disclaimers

NotesEdu makes every effort to keep all its information resources accurate, adequate, complete, and up to date but makes no warranties or representations regarding the information herein. NotesEdu makes no warranties, express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose in relation to the services. All users, therefore, agree that all access and use of NotesEdu Website and externally linked pages are at the user's own risk.

Neither NotesEdu nor any other party involved in the creation or delivery of NotesEdu Website shall be liable for any direct, indirect, incidental, consequential, special, punitive, or similar damages arising out of

• Access, use, or security method employed, or the conduct of any member or any user of the NotesEdu Website AND
• Timeliness, or inability to use NotesEdu Website or untimely or missed delivery of any information or material, or any interruptions or performance of the Website or any harm resulting from downloading or accessing any information or material on the internet through NotesEdu free or paid service or the NotesEdu Website AND
• Errors, or any defects or omissions in the contents or legality, reliability, operability of the information or materials displayed on the NotesEdu Website

The Contents could include Technical Inaccuracies or Typographical Errors. Changes are periodically made to the Website and subscription materials. NotesEdu further specifically disclaims any warranty that the subscription service will be uninterrupted, fit for the particular purpose, meet users' requirements, error-free or Website free of viruses, servers that make this Website and its content available will work with any hardware or software and that defects will be corrected. NotesEdu assumes no responsibility and shall not be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any free or paid downloadable materials, data, text, images, video or audio from the Website. NotesEdu makes no representation or warranty that the NotesEdu website's information is appropriate or available for use outside Australia. If you choose to access the NotesEdu website from outside of Australia, you do so on your initiative and at your own risk. You are responsible for compliance with applicable laws. The user specifically disclaims and hereby waives any and all claims they may have been arising out of the use of NotesEdu Website and its subscription material contents.

We reserve the right to modify and/or discontinue this Website at any time without notice. No advice, results, or information, whether oral or written, obtained by you from the Website or our customer service department or sales representative through any source the statements, promises or actions taken by such sources shall not limit or otherwise modify the Terms of this Disclaimer and/or this User Agreement. Suppose you are dissatisfied with any portion of the NotesEdu Website or the services. In that case, your sole and exclusive remedy is to terminate your registration and discontinue using the NotesEdu Website and the services.

Limitation of Liability

In no event, including but not limited to negligence, shall NotesEdu and its directors, officers, employees, representative, content or service providers and partners be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind or character arising from, or directly or indirectly related to, infections or contaminations of your system, or any delays, inaccuracy, errors or omissions arising in the use of, or the inability of use, the Website or the contents, materials and functions related thereto, your provision of information via the Website, lost business or loss sale, even if NotesEdu and its directors, officers, employees, representative, content or service providers and partners have been advised of the possibility of such damages.

Some jurisdiction does not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations or exclusion may not apply to certain users. Therefore, if you are dissatisfied with any portion of the NotesEdu Website or the services, your sole and exclusive remedy is to terminate your registration and discontinue using the NotesEdu Website and the services.

In no event shall the total aggregate liability of NotesEdu and its directors, officers, employees, representative, content or service providers and partners for damages, losses and causes of action and costs and expenses (including attorney's fees and legal fees) whether in contract, tort (including but not limited to negligence), or otherwise, arising from the terms and conditions and privacy policy or related to your use of, or the inability to use any content posted, transmitted, exchanged or received or on behalf of any user or other person on or through this Website, or any of the NotesEdu materials or functions at this Website, exceed the lesser of

1. The actual aggregate amount, if any, paid by you in communication with your access, use and/or purchase made on this Website or
2. The amount of one hundred Australian dollars (AUD 100)

Links

NotesEdu website may contain links to other websites of interest or resources with privacy policies that may differ from ours. NotesEdu is not responsible for the privacy or security practices or the content of such websites. Therefore, we recommend that you carefully read and understand the privacy policy on any website before providing personal information on that Website.

NotesEdu takes all reasonable steps to ensure that all external links used by us are safe. However, NotesEdu shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such website or resources. You acknowledge and agree that we have no responsibility for the information, security, content, products, services, advertising, code or other materials presented on or any form of transmission received through the Linked websites.

Product & Services Orders

Any Product or Services ordered or provided via this Website are provided by NotesEdu "AS IS", except to the extent, if at all, otherwise set forth in a license or sale agreement separately entered in writing between you and NotesEdu or its supplier. By purchasing an online subscription, you acknowledge and agree that your performance at any test excludes NotesEdu from any or all liability of such performance at the test.

You acknowledge and agree to pay at the full prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to NotesEdu. If we do not receive payment from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. NotesEdu reserves the right to change such fees at any time and in its sole discretion, provided that any such change shall become effective at the expiry of the term of your subscription. In addition, certain products and services that you purchase and/or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download. Paid subscription membership expiry date is informed at the time of purchase, and you agree that this expiry date cannot be disputed.

Refund Policy

Should you choose for any reason, whatsoever, not to proceed with your Subscription, NotesEdu offers you a refund, money-back guarantee provided:

• You cancel your subscription within seven days of activation.
• You notify your request for refund electronically contact@notesedu.com.au
• You send a completed refund application form (available from the NotesEdu website) by mail. Please include details of the card you wish to be credited with, as we do not store the card details used to make the purchase.
• You may not have completed more than five per cent (5%) of the multiple-choice questions included in the online test's subscription that is the subject of your cancellation/refund request.
• You have not breached the non-exclusive access license*

Note:

• The refund will be made to the same credit card or PayPal account from the payment received on your behalf.
• While purchasing a subscription, if you were charged more than once due to an Internet error or some other error, which NotesEdu validated, a refund will be made within five (5) business working days from the date of relevant transaction error validation.

Non-exclusive access license:

Purchasing relevant NotesEdu online tests allow you a non-exclusive and non-transferable right to access the paid online tests during the applicable subscription period. Upon expiration of the applicable subscription period, your right to use the online tests will automatically terminate. Your right to use the online tests will also terminate, without refund of any part of the purchase price, at the sole discretion of NotesEdu, if your purchased account is actively accessed from two or more unique computers at the same time, or we found you are breaching the non-exclusive rights.

Parents Get Involved

Parents and legal guardian's guidance and involvement are essential to help ensure that minor children have a safe and rewarding online experience.

We recommend parents and guardians get involved in:

• Educating your child about the importance of keeping identifying personal information private and never giving out individual information such as his/her last name, age, home address, school name, or telephone number without your approval,
• Setting rules for your child's use of the internet,
• Spending time with your child when he/she is online,
• Monitoring the amount of time your child spends online, and/or
• Installing filtering software at home to stop access to inappropriate Internet websites.

User Submitted Materials

NotesEdu policy is not to accept or consider any unsolicited ideas or any confidential, secret, or proprietary information or materials of any kind from you through the Website, by email or in any other way. If you submit any such materials, we reserve the right to consider all materials submitted as non-confidential or secret and free from any claims of proprietary or personal rights. Upon submitting such material, you agree that all rights shall be deemed to be and shall remain the property of NotesEdu. You acknowledge and agree to make NotesEdu free and clear of any claims by you or others and grants NotesEdu unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable and sub-licensable rights. You irrevocably grant NotesEdu the rights to use, reproduce, modify, adapt, publish, translate, create derivative works from submitted materials for any purpose, including advertising and promotion, export, without compensation or any other obligations to anyone including you. We will not be responsible for maintaining any Submitted Material that you provided to us by any means. We may delete or destroy any such Submitted Material at any time. NotesEdu does not necessarily endorse, support, encourage, or agree with User Submitted Materials, and NotesEdu has no responsibility or liability in connection with any User Submitted Materials.

Contacting NotesEdu Pty Ltd

Attn. Legal Department – NotesEdu Pty Ltd.

Address: PO Box 446, Hawkesbury Road, Westmead NSW 2145

Phone: 02 8006 8642 or contact support

Last updated: 04 August 2021