Terms and conditions

Updated December 16 2016

1. Purpose
High School Notes is a platform made available by Student Services Australia Pty Ltd, (SSA) for Australian students who wish to buy or sell high quality Year 11 and 12 subject notes (Notes) and other materials that has been prepared by them in relation to the subjects they study.

2. Parties
Student Services Australia Pty Ltd, ACN 100 372 156, ABN 19100372156 (subsequently referred to as "SSA") is the owner of Highschoolnotes.com.au (“website”, “HSN”, “High School Notes”). By signing up to this website you are entering into an agreement with SSA to be bound by these Terms and Conditions.

3. Eligible users
The website may only be used by current or recent graduates of Australian high schools and universities. Eligible users may only act on their own behalf as private individuals. It is breach of these terms to act on behalf, or for the benefit of, third parties, including but not limited to corporations and other websites.

4. Variation
SSA may modify these Terms and Conditions from time to time and that such modifications will be effective and binding on you when posted on this website.

5. Decline discretion
SSA may decline to accept any person for registration. SSA may also cancel and delete an existing account for, but not limited to, not providing appropriate identification or not complying with the site terms and conditions. SSA has sole discretion to determine membership of High School Notes.

6. Email and password
To access the website, you must provide an email address and password. You are solely responsible for maintaining the confidentiality of your email and password. You must notify SSA immediately of any unauthorised use of your email and password. You are responsible for any authorised or unauthorised actions undertaken using your email address and password.

7. Liability
SSA is not a party to contracts formed between a person who uploads, offers to sell and sells Notes (Seller) and a person who buys Notes (Buyer) using the High School Notes platform. SSA does not have any legal interest in, or claim any ownership of the Notes, whether in whole or in part. High School Notes is merely a platform on which Sellers list Notes for Buyers to purchase. Legal rights to the Notes, including intellectual property rights, do not pass to or vest in SSA at any time. SSA excludes its liability to the fullest extent permitted by law, and is not responsible for the conduct of any user of High School Notes, whether being a Buyer, Seller, or independent third party.

8. Rights of use
Insofar as the Notes constitute original copyright works in which copyright subsists pursuant to the Copyright Act 1968 (Cth) (Copyright Act), all rights of exploitation of the Notes remain with the author of the Notes (subject to any licenses or assignments of the copyright in the Notes having occurred, arrangements to which SSA will not be and is not privy to).

9. LISTING NOTES - Terms for Sellers:

9.1 Ownership
As a Seller, you warrant that you:

1. are the sole owner of the copyright (and other relevant intellectual property rights) subsisting in the Notes; and
2. have all legal rights required to offer the Notes for sale, as well as sell the Notes, via High School Notes.

You acknowledge that SSA reserves the rights to pass on your contact details to a third party that disputes your ownership or makes claims of intellectual property infringement in relation to any document you submit.

9.2 Accuracy, responsibility and liability
As a Seller, you warrant that all supporting information you provide in connection with the Notes or otherwise to SSA, such as related subject, university, title, description, and grades are correct.
You acknowledge and agree that you assume all responsibility and liability in relation to accuracy of the Notes and any representations that you make in relation to the Notes, as well as any loss or damage suffered by a Buyer (or any other third party) in connection with the Notes, including in relation to any allegation(s) of intellectual property infringement and actions taken in relation to such allegations.
You acknowledge and agree that SSA is not liable for any conduct in relation to the Notes, and has expressly excluded all liability to the fullest extent as permitted by law.

9.3 Moderation
SSA does not verify the accuracy of the contents of the Notes, the rights or abilities of Sellers to legally sell the Notes, or the subsistence, validity or otherwise of any intellectual property rights that may subsist in the Notes.
While SSA does not have any obligation to moderate the Notes listed on High School Notes, SSA reserves the right to accept or reject any Notes based on any criteria of its choosing, or remove any Notes from High School Notes at its own discretion.

9.4 Exclusive representation and damages
Sellers agree not to list their Notes for sale and/or sell their Notes via any other service, whether electronic or otherwise, other than High School Notes.
Further, as a Seller, you warrant to SSA that you will not sell, supply or otherwise provide your Notes, in whole or part, to any other party via any means, and regardless of whether or not payment is received. Sellers agree to not include any form of their direct contact details in the Notes nor in the description fields accompanying the Notes, as listed on High School Notes. This includes, but is not limited to, email addresses, telephone numbers, and website links.

9.5 Withdrawal
As a Seller, you may withdraw your Notes from High School Notes at anytime. However, removing your Notes from High School Notes will not prevent Buyers who have previously purchased your Notes from access to those notes via the Buyer’s “My Activity” page on High School Notes. Withdrawn Notes will not otherwise be accessible via High School Notes.

9.6 Commission
SSA collects 33% commission on each and every individual sale of the Notes. Each commission is collected by SSA immediately upon receipt of payment by the Buyer.

9.7 Discount codes
At its discretion, SSA may issue discount codes to the public for the purposes of encouraging additional purchases of Notes from High School Notes. Sellers agree that on transactions where these discount codes are available and used by Buyers, Sellers will be required to accept the reduced post-discount sale price paid by the Buyer, rather than the price the Seller would have expected to receive had a discount code not been used. The maximum discount code issued will be 25%.

9.8 Effect of refunds
The Seller agrees that when a refund is required for a transaction involving their Notes, the sale is reversed and no funds are due to the Seller. (see “Terms for Buyers: Refund Policy” for more information).

9.9 Distribution of funds
Sellers may request their total available funds balance be transferred to an Australian bank account of their choosing anytime after 4 days from the date of sale. SSA will transfer the full amount (less commission and any refunds) within 14 days from the request date. At any time, Sellers can see the total sales made, past balance transfers and current available balances under the “My Activity” page on High School Notes.

10. PURCHASING NOTES - Terms for buyers

10.1 Payments
SSA will accept payment for Notes via a secure payment gateway. Immediately after a successful payment is received, the Notes purchased will be available for the Buyer to download via the Buyer’s “My Activity” page on High School Notes. The Notes will remain available for download under the “My Activity” page, until the Buyer terminates their membership with High School Notes.

10.2 Personal use
The Buyer shall not duplicate, disseminate or publicly display any Notes purchased via High School Notes. Individual duplicates (e.g. copies and printouts of the Notes), may only be made for private individual, personal use, and on the terms outlined in section 40 of the Copyright Act – ‘Fair dealing for purpose of research or study’.

10.3 Liability
The Buyer acknowledges and agrees that it will not hold SSA liable for any consequences arising out of defects in the content or accuracy of the Notes, including representations made in connection with the Notes, whether in relation to intellectual property rights, ownership, or otherwise.
SSA is not liable for any loss of money, reputation, or special, indirect or consequential damages or effects arising directly or indirectly out of your use of the Notes. The Seller bears all responsibility and liability in that regard. SSA is merely a trading platform, and excludes all liability in relation to the Notes to the furthest extent as permitted by law.

10.4 Refund policy
If the Buyer is not happy with the quality of the Notes purchased, they can make a written refund request, via the online feedback page after logging into the site (highschoolnotes.com.au/feedback), stating their reason(s), within 2 days of purchasing the Notes. SSA will endeavour to refund the purchase amount paid for the Notes to the Buyer’s credit card within 4 days. (This policy does not make a "magic loophole" for ripping off fellow students by getting piles of free high quality notes. If we believe you are fraudulently claiming multiple refunds unrelated to their quality… we just tell you to GTFO. That is not a legal term). No refunds are payable on purchases when a coupon code is used.

10.5 Credit card queries
Any questions or issues relating to the use of the secure payment gateway should be made in writing via the online feedback page (highschoolnotes.com.au/feedback).

11. INTELLECTUAL PROPERTY DISPUTE - Terms for all parties

If you believe any Notes listed on High School Notes may infringe your intellectual property rights (including copyright) please notify SSA in writing via the online feedback page (highschoolnotes.com.au/feedback), and provide details including the Note’s document title, associated university, associated subject code and the document-specific url, the subject of the allegation, the grounds for the potential infringement and your contact details (Notice). Acknowledgement of receipt of your Notice will be sent to you within 48 hours.

11.1 Removal of notes
SSA will review your Notice and if it believes necessary, remove the allegedly infringing Notes from High School Notes. SSA reserves the right to refuse to take down Notes if it is unable to satisfy itself that there is or is likely to be an intellectual property infringement in connection with the Notes. SSA’s objective in operating High School Notes is to assist and encourage students with their studies, and operate a fair and efficient trading platform for educational aids and materials.

11.2 Communication of Notice and disputes
SSA will communicate the Notice to the Seller as soon as reasonably possible after receiving a Notice:

1. If the Notice is disputed by the Seller, SSA may request further information from you, including the document(s) or other material(s) which you allege the Notes to infringe the intellectual property right(s) in, and those documents or materials may be passed on to the Seller so the Seller can seek independent legal advice. If the Notice is not disputed, the Notes will be immediately removed and the Seller’s contact details will be provided to you.
2. Any decision by SSA to remove any Notes is a preventative measure only, and should not be taken as an admission by SSA that any claim for infringement would be upheld by an Australian Court. SSA expressly reserves the right to challenge any infringement claim made in any Notice, and/or assist any Seller in any such claim, if it so chooses, but bears no obligations to do so.

11.3 Liability and wrongful removal of Notes
The Notes will only be removed from High School Notes by SSA if SSA believes there are reasonable grounds for doing so. SSA does not bear any liability in relation to any losses or damages suffered by a Seller as a result of the removal of the Notes after receipt of a Notice. The issuer of the Notice will be liable for any losses or damages suffered by a Seller as a result of a wrongful removal of the Notes from High School Notes.
A ‘wrongful removal’ of Notes includes but is not limited to a Court judgment finding the Notes do not constitute an intellectual property infringement, and/or a formal written legal opinion by an intellectual property lawyer that the Notes do not constitute an infringement.

12. Misuse
You must not attempt to mislead or deceive by posting inaccurate, incomplete or false material to the website or by impersonating any person on the Website. You must not post to the Website, material which infringes the intellectual property rights of any third party. You must not post any illegal, threatening, abusive, harmful, obscene or otherwise objectionable material to the Website. You must not use the Website for or to encourage any unlawful action. You must not post to the Website, material which contains or is a virus, worm, Trojan horse, spyware or other contaminating or destructive code. You must not use any device, routine or software to reduce the functionality of the Website or disrupt its users.

13. Misuse liabilities
You will indemnify SSA, its officers, employees and agents against all loss, damage, costs, professional fees and expenses (including legal fees), actions, claims and liability arising directly or indirectly from or in relation to your use or misuse of the Websites. The termination of your use of the Websites will not terminate your obligations under these Terms and Conditions.

14. Use and disclosure of material
You consent to SSA collecting, using and disclosing material in accordance with our Privacy Policy. SSA cannot guarantee that this material will not be unlawfully accessed or altered by a third party during transit over the Internet or while on the website.

15. Third party service providers
To enable delivery of some services to you, you acknowledge that SSA may provide your personal information and other material from you to specified contracted third party service providers. SSA enters into contractual arrangements with these service providers to maintain the confidentiality of your personal information.

16. Services changes
SSA reserves the right to change, add or cancel services or features of High School Notes, as well as reformat material which you have posted to the website without prior notice.

17. Service availability
SSA does not guarantee that High School Notes services will be provided uninterrupted or error-free. The websites may be temporarily unavailable.

18. No warranties
The contents of this website is intended for general information only. SSA does not make any warranties or representations, express or implied, in relation to the completeness, accuracy or timeliness of the information contained in this website. To the extent permitted by law, SSA excludes all liability for any direct, indirect or consequential damage, loss or costs caused by or in connection with your use of or inability to use the Website or SSA's breach of contract or statute, negligence or misrepresentation.

19. Links to other sites
You acknowledge that any links from Highschoolnotes.com.au to third party sites do not indicate that SSA has any control over or responsibility for the contents of such sites. SSA excludes all liability for any direct or indirect damage, loss or costs of any kind arising in any way out of or in connection with your access and/or use of third party sites.

20. Waiver
A failure or delay by SSA in exercising a right under these Terms and Conditions does not result in a waiver of that right. A waiver of any right under these Terms and Conditions must be made in writing.

21. Severability
If any part of these Terms and Conditions is held to be invalid or unenforceable that part shall be severed and the remaining Terms and Conditions will continue to be valid and enforceable.

22. Applicable law
These Terms and Conditions are governed by the laws of New South Wales and you submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from these courts in respect of proceedings regarding these Terms and Conditions.