TERMS & CONDITIONS

Please Read The Following Terms of Use ("Terms") Carefully Before Using This Site. By Using or Accessing This Site, 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 site.

Copyright in all content on this site and all the materials (text, design & organisation of the Site, 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 Site. This User Agreement permits to 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 site may be reproduced, stored, transmitted, resold, altered or further distributed without our prior written permission. Requests for permission should be sent in writing to the address below. You may produce a single machine-readable copy of the free downloadable Site Materials that NotesEdu makes generally available to the online public and grants' permission to reproduce for personal and non-commercial use only. In the event, 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 below address. Upon receipt of a Notice, NotesEdu will take such action as, we, in our sole discretion, deem appropriate, including removal of the challenged use from the Website.

Attn. Marketing Department
NotesEdu Pty Ltd
PO Box 446
Westmead, NSW 2145
Australia

Trademarks

The logos or trade names displayed on the Website or the contents available through Website are registered and unregistered Trademarks of others, and ours may not be used unless you receive a written permission by 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 are able to access such Services. Upon completing the registration process, NotesEdu will grant you with an account that provides you 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 unauthorized use of your email address, user name 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 are not able to 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 site at any time for upgrading, redesigning, repairing or otherwise maintaining the Website. NotesEdu will make commercially reasonable efforts to minimize the time required to perform such activity and inform its online user community through the notices displayed on the home page of the Website.

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 at the same time than we will suspend your account and will 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 notices displayed on the home page of the Website, 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 and all acts and omissions that occur under your account/username and 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 of others.

You MAY NOT USE the Website in a manner that will interfere, disrupt or attempt to gain unauthorized 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 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 Notes Edu 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 purpose, meet users' requirements, error-free or Website free of viruses, servers that make this Website and its content available will work with any particular 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 because 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 information on the NotesEdu Website 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 and 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 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. If you are dissatisfied with any portion of the NotesEdu Website or the services, then your sole and exclusive remedy are 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 has 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. If you are dissatisfied with any portion of the NotesEdu Website or the services, then your sole and exclusive remedy are 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 aggregate actual 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 having privacy policies that may differ from those of us. NotesEdu is not responsible for the privacy or security practices or the content of such websites. We recommend that you carefully read and understand the privacy policy at any website prior to providing personal information on that website.

NotesEdu takes all reasonable steps to ensure that all external links use by us are safe. NotesEdu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of any such content, goods or services available on or through any such site 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 sites.

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 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 in 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 payment is not received by us 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, if any such change shall become effective at the expiry of the term of your subscription. 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.

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 on-line experience.

We recommend parents and guardians to 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 and

Monitoring the amount of time your child spends online.

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 to 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 Notes Edu unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable rights. You irrevocably grant Notes Edu 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, and 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 have no responsibility or any liability in connection with any User Submitted Materials.

PRIVACY POLICY

NotesEdu respects the privacy of its online visitors. Confidentiality is maintained always and no personal details such as addresses or phone numbers of subscribers, tutors or staff are given out to the public. This privacy policy is part of, and must be read carefully in conjunction with, the Web Site's Terms and Conditions. This privacy policy applies to the Web site only and does not cover information collected on any third-party sites to which this Web site links. You can read the entire Terms and Conditions by clicking on the 'Terms & Conditions' link at the bottom of each page.

Your Consent

By visiting the Site, and/or using the services offered on or through this Web Site, you acknowledge and accept the terms of both this Privacy Policy and the User Agreement as they may be amended from time to time. This Privacy Policy applies to all our on–line customers as well as to visitors of our free Web sites. If you do not agree with the Terms and Conditions in their entirety, please do not use this Web site.

Children's Online Privacy Protection

To protect children's on-line privacy, we don't collect school going children personal identifiable details. Only persons above the prescribed minimum age by the law can purchase the subscription. If you are below the minimum age, we recommend the parents/guardians of such students to complete purchases, or otherwise register, under their own names.

Personal Information and Information Collection

We collect your personal information in a lawful and fair means and not in an unreasonably intrusive manner. NotesEdu collects personal information, which is necessary to provide you with the test preparation contents authorised access.

We collect your personal information (viz., your name, email, address, and a password for your account) whenever:

You register on NotesEdu website for a free trial test

You purchase a NotesEdu product or service

You agree to receive informational updates, offers, and/or other notifications from NotesEdu

You participate in a survey conducted by NotesEdu

You visit NotesEdu website anonymously*

NOTE: NotesEdu do not capture or store your credit card information whereas all such transactions information is transmitted in an encrypted form by using Secure Socket Layer (SSL) protocol.

Reasons for collecting personal information to:

Customize your test preparation service.

Send you with individual and comprehensive test reports.

Transmit the password information when required.

Identify you as the subscription owner and to provide better customer service to you.

Perform authorised financial transactions.

Generate NotesEdu website visitors' statistics.

Cookies

Cookies are small text file used to temporarily store a record of your navigation of a website and maintain your login identity. It supports us to take appropriate measure for personalising your web-viewing experience by keeping track of your session. Cookies do not contain personal identifiable information or try to collect any personally identifiable information other than what users submit and their browsers transmit. By using this Web Site, you agree to our use of cookies in this way.

Usage

Enhance your experience by analysing the generated statistics about site traffic and NotesEdu websites interaction.

Make the login process more user's friendly by avoiding repetitive entering of same information.

Track navigation history to ensure transaction pages, such as 'shopping cart' interactions, work correctly.

Most browsers by default are set up to accept cookies. You can reset your browser preferences. To disable or refuse all cookies or to alert when a cookie is being sent you will have to reset your browser preferences. You can search at your browser Help menu to learn the correct way for modifying your cookies. Cookies enable you to maintain continuity as you move from page to page.

NOTE: Our services may not function properly for users when cookies are not used.

Use and Disclosure

Your information will be held in Australia. Protecting your privacy is very important to us. We encourage you to read this document and to use the information in it to make informed decisions about the information that you share with us and others. We assure you that we do not share your information with third parties for their marketing purposes. Your collected information will only be used or disclosed for the purpose for which it was collected (the primary purpose) or for a secondary purpose that an individual would reasonably expect. This includes our communication with you about us, our Website or about other business initiatives. If you do not wish to receive any more similar emails, click the 'unsubscribe' button at the bottom of the email, and we will not send you anymore. If you do not provide personal information to us, we may not be able to provide you with services through the Website.

We may disclose your personal information when required to do so by government authorities or otherwise as required or permitted by law for the prevention or detection of a crime. We also may disclose user information when we have reason to believe that someone is interfering with other customers or users of the Web Site or to protect our rights or anyone else that could be harmed by such activities. If NotesEdu is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets. We may share your data with website hosting service providers that help us to run the website or with our partners in Australia or outside Australia. By using the NotesEdu website, you consent to the transfer of your information outside your country, including to the Australia.

Changes to our policy

NotesEdu reserves the right to change, update or remove this Privacy Policy, or any other of our policies or practices, at any time. We will notify you by posting the revised version on the NotesEdu Website homepage and ask for your agreement to it at that time. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Website. Policy changes are effective from the time of such publication.

Complaints

Please contact us if you have any concerns or complaints about the manner in which we handled your personal information or the practices of this Site, or your dealings with this Site. Where you express any concerns that we have interfered with your privacy, we will respond to let you know who will be handling your matter and when you can expect a further response.

 

Refund Policy

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

You cancel your subscription within 7 days of activation.

You notify your request for refund electronically contact@notesedu.com.au

You send a completed refund application form (available from the Notes Edu website) by mail. Please include details of the card you wish to be credited as we do not store the card details used to make the purchase.

You may not have completed more than five percent (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*

The refund will be made to the same credit card from where the payment was received on your behalf.

While purchasing subscription if you were charged more than once due to an Internet error or some other error, which was validated by Notes Edu than 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 Notes Edu 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 Notes Edu, 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.

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 to 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, and 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 Notes Edu have no responsibility or any liability about any User Submitted Materials.

 

Security Policy

Security Account

You are responsible for the confidentiality of your username and password. You agree not to share this information with anyone else. You also agree to notify NotesEdu immediately for any unauthorised use of your username and password. NotesEdu will use your username and password to identify you when you return to our Website for using your paid subscription. If you forget your password, you may be issued a new password. We highly recommend you to change your password from time to time. NotesEdu will not be liable for any loss or damage arising from your failure to comply with this section. If you don't access the account for more than month your account will be on hold. In that case, you have to contact NotesEdu to release your account.

Internet and Third Party Networks

When as an authorised user, you access NotesEdu website, you are using it through World Wide Web, the Internet or third-party networks or facilities that are beyond the control of NotesEdu Pty Ltd. You as a user assume all risk and liability of your use of the World Wide Web, the Internet or any such third-party networks.

Information

We employ reasonable physical, electronic and managerial security measures in accordance with the privacy statement to safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information collected while joining the subscription. We review our security systems and processes regularly to make any appropriate changes required. At any stage if your personal information such as email or phone changes, then your account may not function properly. It is your responsibility to inform Notes Edu immediately for such changes. We will retain your information for a reasonable period or as long as the law requires.

Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. While purchasing online subscription all of your credit card information is transmitted in an encrypted form by using Secure Socket Layer (SSL) protocol. Whilst NotesEdu strives to protect your identifiable information, we cannot ensure or provide any warranties in respect of the security of any information you transmit to us or obtain from our online products or services. While we take commercially reasonable measures to maintain a secure site and electronic communication, accordingly use of the Notes Edu website is at your own risk.

Links

NotesEdu website may contain links to other websites of interest or resources having privacy policies that may differ from those of us. Notes Edu is not responsible for the privacy or security practices or the content of such websites. We recommend that you read and understand the privacy policy at any website prior to providing personal information on that website.

NotesEdu takes all reasonable steps to ensure that all external links use by us are safe. NotesEdu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of any such content, goods or services available on or through any such site or resources.