Terms of Use

These Terms of Use, including the associated Notexchange Pty Ltd (www.noteXchange.com.au) Privacy Policy and other applicable Notexchange (notexchange.com.au) policies published on our website, set out the policies, rules, and conditions that govern your use of our website and the services provided thereby, regardless of whether you are a registered user or a guest. By using the website or the services, you agree to the Terms of Use. If you do not agree to the Terms of Use, you are not authorized to use www.noteXchange.com.au or the services provided thereby and you must cease all such use immediately.

Service Provided (User Content)

A student marketplace for independently created outlines, notes and study guides (collectively referred to as “study material”)

Notexchange Pty Ltd does not own, acquire, sell, license/sublicense any interest in the products sold through Notexchange.com.au. Transactions are purely facilitated by Notexchange through its’ website: Notexchange.com.au. Notexchange Pty Ltd does not take ownership of any goods and services sold through its’ website. Buyers and sellers enter into a legal contract when facilitating a transaction.

Notexchange Pty Ltd does not take any responsibility for the performance of students based on products purchased on the website. Notexchange does not take responsibility for the quality, authenticity or accuracy of material sold on its’ website. Notexchange does not allow buyers to copy or distribute material purchased from the website to other parties.

NoteXchange may, but is not obliged to review User Content prior to posting or distributing on Notexchange.com.au, or its affiliated websites. We may prohibit any User Content from being published and remove any user content at any time.

When submitting study material  to NoteXchange, or its affiliated websites, you grant NoteXchange consent to provide your material to third party users.

You represent and warrant that you own the User Content you are submitting to NoteXchange, and that by posting User Content, you are not violating the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

You are also soley responsible for the User Content you submit, to NoteXchange, or its affiliated websites, and that you transmit to other users of NoteXchange.

Prohibited Activities include: modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from our websites

This “User Content” section shall survive any expiration or termination of your relationship with NoteXchange.

Study Material

NoteXchange allows user to upload and in some cases sell Content for the purpose of aiding others in the education process. User may not upload the material of others, and agree that that they are the sole owner of the content they upload, and that the material does not breach privacy rights, copyrights, intellectual property rights or any other rights of any third-party. Users may agree to pay royalties, fees and other monies owing to any third-party for any Content provided by you to Notexchange.com.au.

Users of NoteXchange.com.au, agree to exclude any Content made available to them by their school, professor, instructor, tutor, board of examination, or any other publisher whose works have been used as part of studies. All content that has been created, must be independently created, transformative and non-derivative. It should go beyond summarising the material covered in class, and include independent though, analysis and commentary.

You are responsible for becoming familiar with University/School Policy and all relevant laws, and abiding by them.

Returns Policy

If you are unhappy with any of the notes purchased, please contact us within 72 hours for full refund.

Delivery Policy

Upon payment, notes are immediately made available via a download link on the same web page. This link is also sent to the email address you input. Please be aware the links can only be used a maximum of 2 times for download. For instance, if you do not choose to download immediately upon purchasing on the website, you can download the material whenever, via the link provided in your email. Otherwise, once on the website and once via the email sent.

Currency

NoteXchange facilitates all transactions in Australian Dollars (AUD).

Fees

Notexchange requires an indicative fee range to be specified upon submission of notes, but reserves the right to alter the price set for notes. Sellers agree to pay NoteXchange 50% of the value of their material sold (exclusive of transaction costs), unless, notes sold are “promoted” using a tracked affiliate link. In this case, NoteXchange takes no percentage on the transaction, except a handling and administrative fee of 3.9% +$0.30.

Payment

Payment should occur every Friday, as long as Bank Account details have been received. A form will be sent out requiring bank account details to be filled. Alternatively, payment can be processed via PayPal, using the PayPal email provided.

Privacy

We include our privacy policy here in our terms and conditions. Please reference the privacy policy tab for more information.

Disclaimer of Warranties

Notexchange is not responsible for the Service Provided, accuracy or opinions expressed in such User Content posted or provided by third parties on Notexchange.com and services or linked services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Notexchange. Inclusion of any linked website or service on Notexchange.com does not imply approval or endorsement of the linked website or service by Notexchange. Material appearing on Notexchange is not endorsed as a direct replacement for attending lectures, and taking notes yourself. Notes should always be checked against a subjects’ syllabus to ensure they comply with the outcomes for the subject. This “Disclaimers” section shall survive any expiration or termination of your relationship with Notexchange.

Limitation of Liability

IN NO EVENT SHALL NOTEXCHANGE PTY LTD (ACN ‘605 125 871′) AND/OR NOTEXCHANGE PTY LTD, INC. (INCLUDING ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), OR RELATED TO THE USE OR INABILITY TO USE THE WEBSITES OR THE SERVICE, EVEN IF NOTEXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE ENTIRE LIABILITY OF NOTEXCHANGE UNDER THESE TERMS OF USE OR OTHERWISE IN CONNECTION WITH THE WEBSITES OR THE SERVICE SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNTS PAID BY YOU TO NOTEXCHANGE IN THE PAST SIX MONTHS, OR $100, WHICHEVER IS GREATER. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH NOTEXCHANGE.

Indemnity:

You agree to defend, indemnify and hold harmless Notexchange, its subsidiaries and affiliates (including their respective owners) from and against any and all loss, liability, claims and demands (including, without limitation, reasonable attorneys’ fees, costs and expenses) arising out of, or relating to: (i) any violation by you of the Terms of Use, or (ii) any breach of any of your representations or warranties in the Terms of Use. These indemnity obligations shall survive any expiration or termination of your relationship with Notexchange.