Terms & Conditions

Welcome to Nexus Notes, provided to you by Nexus Notes Pty Ltd (ACN 149 023 816).

Each time you access the Nexus Notes Website, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use or access the Nexus Notes Website.

These Terms and Conditions are current as of 24 June 2014.

If you have any questions, please contact our team at support@nexusnotes.com.

1. Service provided

The Nexus Notes Website is a platform for Sellers to offer and sell Approved Notes to the public.

Sales of any goods or services facilitated by Nexus Notes or the Nexus Notes Website are direct between the Seller and Buyer. Nexus Notes is not a party to the transaction between the Seller and Buyer.

Nexus Notes does not own, acquire, sell, license or sub-license any interest in any goods or services offered or sold through Nexus Notes.

Your relationship with Nexus Notes is solely that of independent contractors.

2. Membership

If a person agrees to these Terms and Conditions, they may apply (sign up) to be a Member of the Nexus Notes Website. If Nexus Notes accepts a person’s application, that person becomes a Member.

Nexus Notes reserves the unrestricted right to refuse Membership and to suspend, terminate or restrict a Member’s use of the Nexus Notes Website.

Membership is non-transferrable and you agree to not disclose your username or password to any other person.

3. Selling Notes

Only Members are able to submit Eligible Notes to Nexus Notes and sell Approved Notes on the Nexus Notes Website. If we approve an Eligible Note, you may display, offer for sale and sell that Approved Note on the Nexus Notes Website. Nexus Notes reserves the unrestricted right to not approve Eligible Notes or withdraw approval for Approved Notes.

Nexus Notes will not consider an Eligible Note for approval unless the following information is supplied with that Eligible Note:

  • the subject/class, faculty and university the Note relates to;
  • the grade achieved for subject;
  • the year subject was studied; and
  • a copy of your academic transcript (if requested by Nexus Notes).

Each time you access the Nexus Notes Website, submit an Eligible Note for approval or sell an Approved Note, you represent and warrant, with respect to each Eligible Note submitted for approval and each Approved Note offered for sale and sold, that:

  • you have all legal rights necessary to submit, offer for sale and sell that Note; and
  • submitting, offering for sale, displaying on the Nexus Notes Website and selling that Note does not infringe the rights, including intellectual property rights, of any other person.

4. Buying Notes

You do not need to be a Member to buy Approved Notes from a Member. You agree that:

  • you will not hold Nexus Notes responsible for the conduct of anyone else who uses the Nexus Notes Website, whether a Member or not, or any Notes that person sells or offers for sale on the Nexus Notes Website;
  • Nexus Notes does not warrant or represent the quality, authenticity or accuracy of any Notes sold or offered for sale or any information on the Nexus Notes Website;
  • Nexus Notes is not responsible for your performance or result in any academic subject as a result of your purchase and use of any Notes; and
  • you will not copy or distribute to another person any Notes you have purchased;
  • you cannot cancel an order once submitted.

If you are not satisfied with Notes you have purchased, for any reason, and you give us notice of this within 30 days of purchase at support@nexusnotes.com, Nexus Notes will refund the purchase price to you within 30 days of receiving notice.

5. Liability and rules of use

When you access or use the Nexus Notes Website, you agree:

  • when a Seller agrees to sell Notes to a Buyer, the Seller and Buyer enter into a binding legal contract;
  • you are responsible for ensuring that your use of Nexus Notes complies with all relevant laws;
  • you will not sell or offer Notes or similar products for sale in any other venue or through any other service;
  • you will not hold Nexus Notes liable for any loss or damage suffered as a result of your use of the Nexus Notes Website, whether or not that loss or damage was caused by Nexus Notes or another user of the Nexus Notes Website;
  • you will not use the Nexus Notes Website to infringe the intellectual property rights of another person;
  • you will not hold Nexus Notes liable for any infringement of your intellectual property rights;
  • to the extent legally permitted, Nexus Notes disclaims all warranties, representations, conditions, guarantees and terms other than those expressly set out here, express or implied. In the event that Nexus Notes is found liable to any party, our liability to you is limited to the greater of the fees you have paid Nexus Notes in the previous 12 months or $100;
  • you indemnify us (and our employees and officers) against any Loss suffered or incurred by, and any Claim made by any party, arising from or in connection with your use of the Nexus Notes Website, or your breach of these Terms and Conditions;
  • you unconditionally release Nexus Notes (and our employees and officers) from any liability or obligation (known and unknown) relating to or in connection with any dispute you have with another user of the Nexus Notes Website;
  • you will not use the Nexus Notes Website if you are a minor or otherwise unable to form binding contracts;
  • you are responsible for becoming aware of, and adhering to, your university’s policies.
  • you will not post any false, misleading, threatening, defamatory or indecent material on the Nexus Notes Website;
  • you will not distribute viruses to or through the Nexus Notes Website, impose an unreasonable load on Nexus Notes’ servers, use a robot, spider or scraper to harvest material (including email addresses) from the Nexus Notes Website or bypass any measure used to prevent and control access to the Nexus Notes Website;
  • Nexus Notes does not guarantee continuous, error-free access to the Nexus Notes Website;
  • to the Nexus Notes Privacy Policy, which forms part of these Terms and Conditions;
  • the information you provide to Nexus Notes (including all personal information) is true, complete and correct;
  • you are responsible for all taxes or levies that arise as a result of you using the Nexus Notes Website.

6. Fees

There are no fees for submitting Eligible Notes to Nexus Notes or offering Approved Notes for sale on the Nexus Notes Website.

Nexus Notes reserves the unrestricted right to determine the price at which Eligible Notes are offered for sale on the Nexus Notes Website.

Sellers agree to pay Nexus Notes a commission fee equal to 50% of the sale price (excluding GST) of each Approved Note sold on the Nexus Notes Website.

Sellers authorise Nexus Notes to collect payments from Buyers each time the Seller sells an Approved Note, to remit these payments to the Seller and to deduct from the payment an amount equal to any commission fees or taxes due from the Seller to Nexus Notes and any donations made to AIME before remitting any payments from Buyers to the Seller.

7. GST

Unless expressly stated otherwise in these Terms and Conditions, all amounts payable under these Terms and Conditions are exclusive of GST.

If GST is payable on any supply made under these Terms and Conditions, for which the consideration is not expressly stated to include GST, you agree to pay Nexus Notes an additional amount equal to the GST payable at the same time that the consideration for the supply, or the first part of the consideration for the supply (as the case may be), is to be provided. However, if an adjustment event arises in respect of the supply, the additional amount must be adjusted to reflect the adjustment event and you or Nexus Notes (as the case may be) must make any payments necessary to reflect the adjustment.

If a party is required under this agreement to indemnify another party, or pay or reimburse costs of another party, that party agrees to pay the relevant amount less any input tax credits to which the other party is entitled.

8. Copyright

If you believe that an Approved Note offered for sale on the Nexus Notes Website infringes or may infringe your copyright, please contact the Nexus Notes team and we will investigate.

Upon receipt of such notification, Nexus Notes may remove the offending Note and cancel the Seller’s Membership. Nexus Notes may ask you to provide further information with regard to any claims of copyright infringement.

9. General

These Terms and Conditions form the entire agreement between you and Nexus Notes, superseding any previous agreements.

If any provision of these Terms and Conditions are held to be invalid or unenforceable, such a provision will be severed and the remaining provisions will continue in force. Delay or failure for Nexus Notes to enforce a provision of these Terms and Conditions or any other right does not constitute a waiver of that provision or right.

Nexus Notes may amend these Terms and Conditions at any time by posting the updated terms on the Nexus Notes Website. The amended terms take effect when you access the Nexus Notes Website or after 30 days, whichever is sooner. If you do not agree with the updated terms, you cannot continue to use the Nexus Notes Website.

Nexus Notes may assign the benefit of these Terms and Conditions without limitation. These terms are governed by the laws of New South Wales, Australia.

10. Definitions

The following meanings apply unless the contrary intention appears:

Approved Note means an Eligible Note that has been approved for sale by Nexus Notes on the Nexus Notes Website.

Buyer means a person who purchases or offers to purchase Approved Notes from a Member.

Claim includes any claim, action, demand or proceeding.

Conduct includes acts and omissions.

Eligible Note includes notes, study guides and exam templates but does not include assignments or take home exams.

Loss includes any loss, liability and expense (including legal costs) on a complete indemnity basis.

Member means a person who has applied to be a member of the Nexus Notes Website and whose application has been accepted by Nexus Notes. This person holds a Membership.

Nexus Notes means Nexus Notes Pty Ltd (ACN 149 023 816).

Nexus Notes Website means www.nexusnotes.com and the services offered by that website.

Note means Approved Note and Eligible Note.

Seller means a person who sells or offers to sell Approved Notes.

We, Us and Our mean Nexus Notes.

You means users of the Nexus Notes Website, including but not limited to Buyers, Sellers and Members.