T & C

 

General terms and conditions for website users

 

1. Terms

These terms and conditions (hereinafter “Terms”) govern your use of the website located at www.notesboss.com (hereinafter “Site”).

2. Purpose

The purpose of this website is to facilitate the sale and purchase of notes, content, information and other educational resources (hereinafter “Content”) for the betterment of school and tertiary students.

3. Parties

The Site is owned and operated by Notes Boss (hereinafter “Notes Boss”).

If you are under 18 years of age, you must have a parent or guardian agree to these terms on your behalf.

Throughout these Terms, we use the words “you” or “your” to refer to both the user of the Site, and any parent or guardian who has agreed to these terms on behalf of the user of the Site.

4. Binding agreement

These terms constitute a binding contract between you and Notes Boss. By using the Site, you agree to be bound by these Terms.

5. Warranties

By continuing to use the Site, you warrant and acknowledge that you have had the chance to review and consider the Terms, that you understand the Terms and that you agree to be bound by the Terms. If you do not understand the Terms or do not agree to be bound by them then you must stop using the Site immediately. We only agree to provide use of the Site to you if you agree to these Terms.

By continuing to use the Site you represent and warrant to us that you have legal capacity to enter these Terms.

By continuing to use the Site you represent and warrant to us that you have complied with all of these Terms.

6. Eligible users

This Site and its functions may only be used by current high school or university students, or recent graduates of either educational institution. “Recent” means a student that has graduated high school or university within three years.

7. Variation of terms

Notes Boss may modify these Terms and Conditions as it sees fit, and such variations will be immediately effective and binding upon users of the Site as soon as they are published online.

8. Account details

To use the Site, you are required to create an account, which includes the mandatory insertion of your full name, email address and a password (“Identifying Information”).

You acknowledge that you are responsible for ensuring the accuracy of any Identifying Information you provide as part of the registration process.

You acknowledge that you are responsible for maintaining the safety, security and confidentiality of your Identifying Information as well as keeping us informed of any changes to your Identifying Information.

You agree that you will not share your Identifying Information with any third party. If the security of your Identifying Information is compromised, you must immediately notify Notes Boss.

You acknowledge that providing false or misleading information, or using the Site or the Content to further fraud or any unlawful activity is grounds for immediate termination of these Terms.

9. Misuse of resources

You must not attempt to manipulate, mislead or deceive Notes Boss or its users by posting largely inaccurate, incomplete, false or stolen material. You must not post material which unlawfully infringes on the intellectual property rights of a third party. You must not post material which contains or may contain illegal, invasive or viral code, including Trojan or spyware. You must not post any material which is illicit in nature, threatens or seeks to threaten, is harmful or could be harmful to Notes Boss or any of its uses. You must not reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Site or the Content. You must not violate the security of the Site through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network. You must not use the Site for the purpose of gathering email addresses and/or personal information from people, companies or other organisations and/or for sending bulk emails or unsolicited emails.

10. Misuse liabilities

You hereby indemnify Notes Boss and its employees, agents, affiliates and other representatives against all loss, damages, costs, suits, demands, professional fees and expenses (including legal fees), actions, claims and liabilities arising directly or indirectly from or in relation to your use or misuse of the Site, the Content and or any services available through the Site. You agree that we may select our own legal representation and may participate in our own legal proceedings if we choose.

11. Use and disclosure of site material

As a user, you consent to Notes Boss collecting, using and disclosing material in accordance with our respective privacy policy. Notes Boss cannot guarantee that your material will not be unlawfully accessed, used or distributed by any third party who accesses the website and its functions.

Please refer to our privacy policy for further information about what information we collect, how we use it and store it, and your rights in relation to it.

12. Third party service providers

Some of Notes Boss services (including “Question and Answer”) are enabled through the use of third party providers. Notes Boss may provide your personal information as provided as part of the account registration to these third party providers. Notes Boss enters into separate contractual agreements with these third party providers to ensure the integrity of your confidential information is maintained.

Notes Boss provides no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of anything accessed through any third party provider.

Notes Boss excludes all liability for any direct or indirect damages or costs suffered as a result of users interacting with a third party provider.

For any claim you may have against any third party provider you agree to pursue that claim directly with that third party provider and not with Notes Boss.

To the maximum extent permitted by law, you hereby release us from any claim related to any third party provider.

13. Service changes

Notes Boss reserves the right to cancel, amend, suspend or change any of its site functions, or alter material submitted by you (“the user”), without attaining prior consent.

14. Service availability

Notes Boss does not guarantee that its site and functions will operate without suspension, error or issue. The site may be made “down” to allow for maintenance and troubleshooting of technical or other issues.

15. Removal of content

Notes Boss may, at its sole discretion, remove any Content posted by users if it is apparent that such Content infringes on the intellectual property rights of a third party, contains offensive or illicit language or other such material, breaches copyright law or violates general community standards that Notes Boss operates within.

16. The Site or the Content may contain errors

The Site and the Content are provided for general information only and may change at any time without prior notice.

Although we strive to provide access to high quality Content, you acknowledge and agree that the Content has been prepared by students.

You accept and acknowledge that the Site and any Content made available through the Site may contain mistakes, errors and inaccuracies.

Your use of the Site and the Content is entirely at your risk. It is your responsibility to make sure that any Content available through the Site suits your particular purpose.

Neither we, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Site or the Content.

To the maximum extent permitted by law, we hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.

To the maximum extent permitted by law, we hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Site or the Content.

To the maximum extent permitted by law, we will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by you in connection with your use of the Site or the Content.

17. Links to independent sites

You acknowledge and accept that all third party links embedded and accessible on Notes Boss website are not controlled or able to be controlled by Notes Boss. You access such third party links at your own risk.

Notes Boss provides no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of anything accessed through any third party links.

Notes Boss excludes all liability for any direct or indirect damages or costs suffered as a result of users accessing external links.

For any claim you may have against any third party you agree to pursue that claim directly with that third party and not with Notes Boss.

To the maximum extent permitted by law, you hereby release us from any claim related to any third party links.

18. Intellectual property

The Site and the Content contains intellectual property that is owned by Notes Boss and/or that is licensed to us. This includes, but is not limited to the contents, layout, design, colours, appearance, graphics and imagery of the Site, Content, as well as any copyright, trademarks, trade secrets, patents and other intellectual property contained in the Site and the Content (hereinafter “Company IP”).

You hereby acknowledge and agree that, as between you and Notes Boss, we own all intellectual property rights in the Company IP and that nothing in these Terms amounts to a transfer of any intellectual property rights from us to you.

You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.

You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs) without express written permission from us.

All of the provisions of this clause shall survive any termination of these Terms.

19. Waiver

A waiver of any right listed under these Terms and Conditions must be made in writing by Notes Boss.

20. Severability

If any or part of these Terms and Conditions are held to be unlawful or legally unenforceable, they shall become inoperable. However, all the other Terms and Conditions will remain binding upon the user.

21. Australian Consumer Law

You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by Us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.

22. Applicable law

These Terms and conditions are governed by the laws of Western Australia and you submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts which may hear appeals from these courts in respect of proceedings regarding these Terms and Conditions.

23. Survival

Your obligations, as set out in these Terms, survive the termination of your use of this Site, the Content, or any services accessed through the Site.

 

Specific terms and conditions for sellers of notes

 

1. Transfer of copyright ownership

You hereby acknowledge and agree that by adding, posting or uploading any Content on the Site, or by otherwise providing Content to Notes Boss, and upon Notes Boss making a financial payment to you, you forfeit your intellectual property rights in the Content, and transfer those intellectual property rights to Notes Boss, such that Notes Boss attains sole and unrestricted ownership of all intellectual property rights in the Content.

As the new rightful owner of the Content, Notes Boss reserves the right to resell any Content which you may have provided.

Upon the transfer of intellectual property rights in your Content to Notes Boss, Notes Boss will grant to you a worldwide, revocable, perpetual, non-exclusive, royalty-free and transferrable right and licence to use the Content.

In the event that you add, post or upload any Content on the Site, or otherwise provide Content to Notes Boss, but Notes Boss rejects your request to sell Content, and does not make any financial payment to you, you will retain ownership of any intellectual property rights in the Content, and Notes Boss will not resell any such Content.

2. Your warranty

You represent and warrant to us that immediately prior to adding, posting or uploading any Content on the Site, or otherwise providing Content to Notes Boss, you hold or held the unencumbered intellectual property rights in the Content, and any other necessary rights in order to provide the consents as set out in these terms, and in order to grant the unrestricted ownership of all intellectual property rights in the Content to Notes Boss as set out in these Terms.

3. Peer review of notes

By uploading your Content to Notes Boss, you consent to a third party (managed and under the instruction of Notes Boss) being able to review and where appropriate, amend the Content. You accept that a third party or Notes Boss may, in its sole discretion, determine that your Content is not of the desired quality or may otherwise refuse to purchase it.

4. Payout amount

In the event that Notes Boss chooses to accept your Content, Notes Boss will pay to you a one off amount of thirty Australian dollars ($30).

3. Payout timing

While Notes Boss intends to pay sellers of Content the specified amount within twenty four (24) hours of the Conent being uploaded, we reserve the right to prolong this period where appropriate, or where the review requires more time. We will advise sellers of Content if this is the case.

 

Specific terms and conditions for buyers of notes

 

1. Quality of Content

While Notes Boss strives to provide access to high quality Content, you acknowledge and agree that the Content has been prepared by students.
You accept and acknowledge that the Site and any Content made available through the Site may contain mistakes, errors and inaccuracies.
The Content is intended to assist with your studies, however it is not intended to replace or act as a substitute for content taught at your school or tertiary institution.
Your use of the Site and the Content is entirely at your risk. It is your responsibility to make sure that any Content available through the Site is accurate and suits your particular purpose.

2. Refunds

By purchasing Content through Notes Boss, you acknowledge that all products are non-refundable except as otherwise required by law. However, Notes Boss may, where appropriate, offer you a refund if the Content is purchased by mistake or without due intent to possess the Content. Such refunds are not guaranteed and are given at the full discretion of Notes Boss.

 

Specific terms and conditions for ASK ATAR 

By using ASK ATAR, you accept that Notes Boss does not guarantee the accuracy of answers and assumes no liability for any issues (academic or otherwise) deriving from the use of answers provided through the service. ASK ATAR is designed as a supplementary study tool, Notes Boss does not intend to provide a substitute service.