Terms of Service

Please read our terms and conditions for all visitors (Users), students (Buyers), tutors (Sellers), and business customers (Commercial Users). Please also read our Privacy Policy.

Version control: v1.4 (last update: 01/05/25 20:00 AEST)

1 General Terms

1.1 Directives

Please read the following Terms and Conditions before interacting with or using Notes2u in any way. Actions such as creating an account, making a purchase, and uploading Resources all indicate agreement to the Terms and Conditions. If you require any clarification on the contents of the Terms and Conditions, please email [email protected] as soon as possible.

1.2 Definitions

From herein, the use of the following terms in the Terms and Conditions are direct references of the following definitions:

1.2.1 Platform

The Platform and Notes2u: J.C. Chan and K.B. Palletenne, trading with the intention to make a profit as a legally registered Partnership with Australian Business Number (ABN) 91 651 626 857, registered as NOTES2U with the Australian Securities and Investments Commission, and all associated identities, financial holdings, registered websites, branding, logo, and associated entities, are herein subsequently referred to as “the Platform”, or “Notes2u”. These terms are henceforth used interchangeably for grammatical simplicity and brevity.
The Website: the online infrastructure associated with, operated by, or owned by, Notes2u, including but not limited to our database storing notes, any relevant personal information of all parties, and payment/transaction records, is herein subsequently referred to as “the Website”.
The Aim: Notes2u is a digital platform, similar to a marketplace, which aims to facilitate the transaction of subject notes, exemplar responses, course materials, and other educational resources previously originally made by students or tutors in the course of preparing for subjects studied or examined.

1.2.2 Eligible users:

The Buyer: any individual, business, or individual or business acting on behalf of another, who has bought or indicates willingness to buy Resources listed on the Platform for individual use, i.e., to exchange for money limited access to, or a digital copy of, notes, exemplar essays, extended responses, or other academic resources listed on our site but whose copyright is retained by the Seller, is herein subsequently referred to as “the Buyer”.
The Seller: any individual or business who has listed or indicates willingness to list Resources on the Platform for individual use, i.e., to list or a digital copy of, notes, exemplar essays, extended responses, or other academic resources listed on our site but whose copyright is retained, and have these notes, exemplar essays, extended responses, or other academic resources sold to other students with the facilitation of the Platform in exchange for money, is herein subsequently referred to as “the Seller”.
The User: any individual who is a Buyer, a Seller, or both, or any other visitor to the site for commercial, recreational, personal interest, or any other purpose, or any individual or entity transmitting any data to or from the Platform, is hereby considered “a User”.
You: Any User may henceforth be referred to as “you”, and matters concerning the user be referred to as “your”, in a first-person sense used for grammatical convenience.
A Commercial User: any business entity with a registered Australian Business Number (ABN) or Australian Company Number (ACN) that formally expresses, in writing, to Notes2u, at [email protected], the intention to enter into a formal commercial relationship with the intention of procuring any of the following: digital Resource-sharing infrastructure, or purchasing commercial-use licencing for any Resource, or negotiating the Seller of any Resource to tailor-make any commercial quantity of Resources for their business, or procuring any other Resource, infrastructure, or service, or combination of Resources, infrastructures, and services, that they have reason to believe Notes2u is capable of offering or developing, in exchange for financial remuneration, and receives written acknowledgement from Notes2u or its agents confirming their status as a Commercial User, is hereby referred to as a “Commercial User”.

1.2.3 Resources and Accounts

The Resources: any digital copies procured for personal use of, notes, exemplar essays, extended responses, or other academic resources listed on the Platform, accessible to the Buyer but whose copyright is retained by the Seller under the terms listed henceforth, are herein subsequently referred to as “the Resources”.
The Commercial Resources: any digital copies procured for commercial use, modification, or distribution, of, notes, exemplar essays, extended responses, or other academic resources listed on the Platform or procured by the Platform for the Commercial User, accessible to the Commercial User under the terms listed henceforth, are herein subsequently referred to as “the Commercial Resources”.
Account Suspension: in this event, a User’s account will be made temporarily unavailable; for Sellers, all Resources and profile information will no longer be advertised, displayed or searchable, and all payouts will be temporarily paused; however, Buyers having previously purchased any Resources from that Seller will still be able to access said Resources. For Buyers, all purchased view-only Resources will temporarily no longer be accessible and download links to all purchased downloadable Resources will temporarily no longer function.
Account Revocation: in this event, a User’s account will be made permanently unavailable; for Sellers, all Resources and profile information will no longer be displayed or searchable, and all pending payouts will be retained by Notes2u. For Buyers, all purchased view-only Resources will no longer be accessible, download links to all purchased downloadable Resources will no longer function, and all records and purchase history will be erased permanently.

1.3 Reservations and Severability

Notes2u may modify these Terms and Conditions from time to time and that such modifications will be effective and binding on you, effective immediately as of the time of their posting on the Website.
In addition to modifying these Terms and Conditions, Notes2u reserves the right to change, add or cancel services or features of the Website, as well as reformat and change material which you have posted to the Website, including the content uploaded by Sellers, without prior notice. This applies primarily to functions such as watermarking, and the Platform will NOT substantially edit any information in any Resource with the intent of misrepresenting a Seller or a Buyer.
Notes2u reserves the right to decline to accept any person (including but not limited to Buyers and Sellers) for registration. The Platform may also Revoke and/or Suspend existing accounts for a range of reasons aforementioned and herein listed, or at the discretion of the Platform, in which case the advertisement and ownership of any Resources currently or previously being transacted will be determined by the terms outlined forthwith.
Notes2u retains sole discretion to determine membership of the Website for Buyers and Sellers.
Notes2u retains sole discretion to determine visitorship of the Website for Users.
The termination of your interactions with Notes2u and/or your use of the Website will not terminate your obligations under these Terms and Conditions.
If any part of these Terms and Conditions is held to be invalid or unenforceable by an agency with the valid jurisdiction, Notes2u acknowledges that said part shall be severed, but the remaining Terms and Conditions will continue to be valid and enforceable over all applicable parties.
A failure or delay by the Platform 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 and with the express permission of both of the partners to the Platform, such as in the case of Commercial Users.
These Terms and Conditions are governed by the laws of Australia and New South Wales, and you submit to the non-exclusive jurisdiction of the courts of Australia and New South Wales, and any appellate courts in respect of proceedings, regarding these Terms and Conditions.

2 Terms Applying to All Users

The terms in this section apply to Sellers, Buyers, and other commercial or individual visitors to the Website, and/or individuals who transact in any way, or exchange any information with, the Platform.

2.1 General

You must not attempt to mislead or deceive by posting inaccurate, incomplete or false material to the Websites or the databases of the Platforms, or by impersonating any person on the Website or the Platform. You must not post to the Website, or transmit to the Platform, material which infringes the intellectual property rights of any third party (see below for additional Terms regarding Copyright). You must not use the Websites for or to encourage any unlawful action. You must not post to the Website, any Resources or other materials which contains, likely contains, or is in fact a computer virus, spyware, or other compromising, contaminating or destructive code or software. You must not use any device, routine, application, means, or method to reduce or attempt to reduce the functionality of the Platform or the Website, or disrupt its commercial activity in any way. You must not at any time use or attempt to use any features of the Website to subject yourself to individual financial gain other than through the means outlined below, or subject the Platform or others to financial, reputational, or intellectual loss, or anything that could reasonably be interpreted as financial, reputational, or intellectual loss.

2.2 Contractual Obligations

The Platform, and by extension, the Website, are not parties to Contracts formed between a Seller and a Buyer. The Platform and the Website solely exist to facilitate the advertisement, categorisation, and easy access to the Resources which are sold by Sellers to Buyers instantaneously at the point of sale in exchange for an upfront commission and transaction fees charged by the Platform and its partners. Copyright for the Resources is fully retained by the Seller unless otherwise stated in writing, and in no way is the Platform a party to, or responsible for, any breach of contract that occurs by either party which causes damages to the other party.
The decision on whether or not a Contract occurs between a Buyer and a Seller, or a User and another User, is independent of the Platform.
In any case of dispute, where there appears to be a valid claim of dispute, Notes2u will take no part in any legal proceedings and will not act in any way as an arbitrator as to the legal implications or merits of such a case. Such disputes will be a matter for the respective claimants to determine between themselves with or without recourse from legal or regulatory frameworks.

2.3 Liabilities, Indemnity, Waivers, and Lack of Warranties

By becoming, or taking action to become, a Seller and/or Buyer, and/or becoming a visitor to the Website, and/or an individual who transacts in any way, or exchanges any information with, the Platform, you agree that you will indemnify Notes2u, its partners, and its authorised 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 Website or the resources of the Platform, including but not limited to any and all liability whatsover for any claims, suits, injuries and/or damages arising from, or in any way related to: any inaccuracy, or incompleteness regarding a Seller’s resources, any misstatements or misrepresentations made by any Buyer or Seller, or any inappropriate behavior by any User.
By becoming, or taking action to become, a Seller and/or Buyer, and/or becoming a User of the Website, and/or an individual who transacts in any way, or exchanges any information with, the Platform, you agree that you are NOT an employee, franchisee, or contractor of Notes2u, and you agree that you are NOT otherwise engaged in an “employer-like relationship” with the Platform. You agree that you are ENTIRELY INDEPENDENT of the Platform, and you bear full responsibility for any personal, financial, intellectual, or commercial decisions made at any time that may or may not have been facilitated by the use of our Website.
The Website and the Platform may be made temporarily unavailable, and service is not guaranteed to be uninterrupted or free of errors. If Notes2u is made aware of an error, issue, or breach of terms, its partners or agents will attempt to rectify said error, issue, or breach at its earliest convenience, but any damages arising from such an error, issue, or breach, between the time the Platform is notified and the time the Platform fully resolves or concludes its attempts to resolve the matter to the extent it deems necessary, are the sole legal and financial responsibility of the User.
The content and information published, transmitted, or otherwise made available by Notes2u related to advertising, promotion, categorisation, and other matters related to the facilitation of the sale of Resources, are intended for general information. The Platform does not make any warranties or representations, express or implied, in relation to the completeness, accuracy or timeliness of the information owned or transmitted by the Platform or listed on the Website. In particular, the Platform does not make any warranties or representations, express or implied, in relation to the accuracy of information submitted by Sellers in their profile, or in relation to the material and information provided by Sellers in their Resources.
To the fullest extent permitted by law, Notes2u 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 Resources sold by Sellers using our platform, or any other information contained on the Website, or the Platform’s breach of contract or statute, negligence or misrepresentation.
The Platform 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 a User’s access and/or use of third party sites.
The Platform excludes its liability to the fullest extent permitted by law, and is not responsible for the conduct of any Sellers, Buyers, or Users.

2.4 Intellectual Property and Copyright

Notes2u does not have any legal interest in, or claim any ownership of or over, the Resources of any Seller, whether in whole or in part. The Platform merely facilitates Sellers to sell Resources and Buyers to purchase Resources, and collects a commission and transaction fees for this purpose. Legal rights to the Notes, including intellectual property rights, do not pass to, or vest in, the Platform at any time.
Insofar as the Resources constitute original copyright works under the domain of intellectual property, in which copyright subsists pursuant to the Copyright Act 1968 (Cth) (Copyright Act), all rights of exploitation of the Resources remain with the Seller (subject to any licenses or assignments of the copyright in the Resources having occurred, arrangements to which Notes2u will not be and is not privy to, and will not be held responsible or liable for in the event of any breach or dispute).
Insofar as the Resources constitute original copyright works under the domain of intellectual property, in which copyright subsists pursuant to the Copyright Act 1968 (Cth) (Copyright Act), the Seller is aware that the act of uploading or otherwise providing the Platform with Resources constitutes agreement that the Buyer is permitted to utilise the Resources, and the intellectual property contained within those Resources, to derive information for the purposes of academic growth and development, or incorporate said information into assessment tasks proving the aforementioned academic growth, for personal use and to a reasonable extent. Such terms are defined below in the Terms and Conditions, and are subject to varying interpretation by the Seller, the Buyer, Notes2u, the relevant curriculum, teaching, and academic assessment authorities, and courts of law in the relevant jurisdictions. In all relevant cases and disputes, the Platform’s interpretation of personal use and reasonable use will prevail to the fullest extent possible.
It is the responsibility of the Buyer and the Seller to undertake due diligence in ensuring they have all legal rights required to offer Resources for sale, sell or purchase Resources, collect funds from the sale of these Resources, and declare these funds to the relevant government agencies if so requested, and that if these declarations are factually inaccurate or incongruent with records submitted by Notes2u, the records of Notes2u will prevail and be considered as correct.
In any dispute over Copyright pursuant to, directly or indirectly referencing, or drawing on principles or legal precedent established through or via, the Copyright Act 1968 (Cth) (Copyright Act), the Platform reserves the right to exercise its judgement as to which User(s) is violating moral, legal, and academic doctrines, legislation, policies, and/or precedents. This judgement will be made in conjunction with third-party legal advice and/or judicial and regulatory decisions made by bodies which the Platform shall deem relevant on a case-by-case basis. The results of this judgement may include Suspension, Revocation, and/or legal and financial ramifications outlined within or external to these Terms and Conditions.
The Buyer and Seller have additional specific obligations pertaining to copyright legislation and Terms outlined below in their respective sections. These obligations implicate areas primarily focusing on, but not limited to, the reproduction or attempted reproduction of copyrighted Resources by the Buyer, and the rights retained by the Seller in other contractual obligations entered into.

3 Terms for Buyers (Students)

3.1 General Terms for Buyers

The Buyer is, upon purchasing or viewing any Resource or creating any account, indicating their submission to, and full, binding agreement with, the charges and access limitations listed by the Platform on the Website and its relevant pages, and the full Terms contained herein. The Buyer acknowledges these terms are subject to change, and assumes responsibility for assessing any impact of these changes on their relationship with Notes2u and the provided Resources, and notifying the Platform of any disputes, issues, or breaches of these terms, and seeking a suitable resolution, or terminating their relationship.
This clause applies especially to Buyers seeking refunds, remuneration, and/or compensation for Resources on a change-of-mind basis, or if they believe without articulable grounds that the Resources were misrepresented by the Seller in terms of quality, contents, or material covered.
The Buyer acknowledges and agrees that they will not hold Notes2u liable for any consequences arising out of defects in the content or accuracy of the Resources, including representations made in connection with the Resources, whether in relation to intellectual property rights, ownership, or otherwise. The Platform is not liable for any loss of money, reputation, or special, indirect or consequential damages or effects arising directly or indirectly out of a Buyer’s use of Resources. The Buyer and Seller share and bear all responsibility and liability in that regard, and it is not the role of Notes2u to apportion or allocate blame in cases involving such disputes or damages.
If a Buyer has articulable grounds and material proof of a breach of the Seller Terms by a Seller (e.g., if a Resource breached Copyright or Intellectual Property (CoIP) laws, contained criminally offensive, pornographic, or defamatory content), then they are obligated to immediately contact Notes2u support at [email protected] to report the matter. The Buyer should expect a reasonable resolution on such a breach by the Seller, facilitated by Notes2u, including but not limited to account Suspension or Revocation of the Seller, criminal charges, or reporting under the reporting guidelines outlined in these Terms. However, the Buyer must understand that taking these actions in no way constitutes Notes2u taking, or claiming to take, any responsibility for either the breach or seeking compensation for the breach on their behalf or the behalf of other affected parties.
A Buyer must in no way contact, or make any attempt to contact, a Seller for the purpose of obtaining Resources found on the Platform at a discounted rate and/or to exclude Notes2u from its rightful commission, or to attempt to negotiate a lower price for said Resources. Sellers are encouraged to report this illegal practice, which opens up avenues of loss and liability for all parties involved, and doing so may result in account Suspension, Revocation, or the application of a financial or regulatory penalty as outlined in the terms below.
Buyers implicated in transacting copyrighted material, and/or material breaching the Terms, may have their accounts Suspended or Revoked without prior warning if the Platform believes, or has any reason to believe, that the Buyers were aware of, and omitted to, immediately report this to the Platform in writing and to the best of their ability, pursuant to the Copyright Clause of these terms.
Download and View links to Resources are made available to Buyers for a period of one (1) year from the point of transaction, and if the Buyer fails to observe the time limits imposed on their access to Resources, they agree to forfeit those Resources at no cost to the Platform or the Seller.
Provided they adhere to these Terms, the Buyer is entitled to access any and all Resources they purchased within the timeframes agreed upon, regardless of whether or not the Seller who produced the resources wishes to retroactively remove access to those Resources. Notes2u will make every effort to ensure that access to genuine resources is preserved for genuine Buyers even in the event of disputes with Sellers. Refer to the FAQ page and/or the subsequent Terms for more information on change-of-mind policies.
In the event that the Platform “shuts down”, i.e., the Website ceases to have an online presence AND and the Platform ceases or is forced to cease trading with the intention of making a profit, then all Buyers will be notified of this fact, and any Buyers with View-Only access will be granted one-time Download access to those resources for ONE (1) WEEK after the date of notification, and any buyers with Download access will be granted continuing Downloads for ONE (1) WEEK after the date of notification. In such an instance, if the Buyer does not save a copy of those Resources on their personal digital device, or print a hard copy of those Resources, then the buyer forfeits any and all rights to access those Resources.

3.2 Buyers and Personal Use

Individual duplicates (e.g. copies and printouts of the Resources), may only be made with Download permissions, 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.
The platform does not condone, strongly discourages, and actively takes steps to prevent, plagiarism. Many of the Resources uploaded to this platform have been previously submitted for assessment on multiple platforms, including NESA and Turnitin. These organisations routinely check for plagiarised assessments and/or submissions, and if any Buyers plagiarise resources from this website, they acknowledge that they may receive, and retain full liability for, an assessment penalty, criminal and/or financial charges and/or penalties for violating intellectual property and/or engaging in academic misconduct. Personal use of the Resources and a definition of what constitutes misconduct is at the total discretion of the Buyer and the Platform cannot be held liable for misuse.
It is not the intention of the Platform to promote any plagiarism or academic misconduct through any of its promotions, advertising campaigns or offerings, and any Buyer that undertakes such activities accepts full responsibility for any consequences following as a result of said action(s).
If a Buyer purchases view-only Resources, downloading, screenshotting, photographing, physically copying, or sharing access to them with any other individual or entity, is expressly prohibited. If a Buyer purchases download-only Resources, reproducing, altering, redistributing, or on-selling access to these notes beyond the definitions of “individual use” as established in these Terms, the Copyright Act, and/or the Common Law is expressly prohibited. Doing so allows Notes2u to pursue violations as articulated below.
The Buyer acknowledges that if they knowingly or unknowingly violate the aforementioned Terms, or fall under reasonable suspicion of violating said Terms by the Platform or its agents, they are fully responsible and liable for any action brought against them by any Seller(s), or any compensation demanded from them by any Seller(s). Notes2u is not in any position to speculate on the terms or ramifications of such actions, and neither will the Platform be party to, or become involved in any such processes or proceedings. Notes2u reserves the right to provide with, or disclose to, an authorised agency or jurisdiction overseeing such proceedings, the personal information of any Buyers accused of, or implicated in, such proceedings.
Notes2u reserves the right to pursue such violations of this policy separately from, or together with, any Sellers that incurred or potentially incurred financial, intellectual, or academic damages from said violation, and the Buyer is forewarned that these actions may include, but are not limited to: account Suspension or Revocation, pursuing civil damages and defamation claims, filing criminal charges with police and/or public prosecution departments, making reports to and collaborating with educational standards and assessment authorities to investigate and expose misconduct, making reports to employers, schools and/or other educational institutions to report misconduct, unprofessional behaviour, and academic code violations (likely resulting in suspension or expulsion from said organisations), reporting to Standards or Regulatory bodies of the Australian government, and publicly publishing a statement of facts outlining the breaches made by all parties.

3.3 Buyer Agreement

In addition to Notes2u reserving the right to cease any relationship with any User, if the Buyer is unsatisfied by this judgement, or any judgement or Term enforced by Notes2u, they reserve the right to cease their relationship with the Platform, which can, and likely will, cause their access to Resources they have previously purchased, and have not or, are not authorised to download, to cease. Once the Buyer releases their money to the Platform, and by extension, to Sellers, they acknowledge that terminating their agreement to view said Resources will NOT act retrospectively and there will be no mechanism to gain a refund on previous purchases as a result of dissatisfaction, disagreements with, or disputes regarding, these Terms.

4 Terms for Sellers (Tutors)

4.1 General Terms for Sellers

The Seller is, upon uploading or transmitting any Resource or creating any account, indicating their submission to, and full, binding agreement with, the remuneration rates listed by the Platform on the Website and its relevant pages, and the full Terms contained herein. The Seller acknowledges these terms are subject to change, and assumes responsibility for assessing any impact of these Terms or changes to the Terms on their relationship with Notes2u and their advertised Resources, and notifying the Platform of any disputes, issues, or breaches of these terms, and seeking a suitable resolution, or terminating their relationship.
The Seller will warrant that they are of the minimum age of 18 to upload on the platform.
The Seller will at all times acknowledge that they are not permitted to include any contact details including mobile numbers, email addresses or websites in the description of their profile, or in any illustrations, graphics, images, data or metadata contained within Resources uploaded to the site. Any Seller found to be advertising themselves or any external services offered by them or an external company on the platform, or contacting or attempting to contact potential buyers found using the platform will have their account Revoked and is liable for a financial penalty and/or criminal charges.
The Seller will acknowledge and agree to the fact that despite the Platform having taken all reasonable and reasonably foreseeable measures from the perspective of the Platform to prevent Buyers from illegally reproducing, modifying, acquisitioning, or otherwise acquiring unauthorised access to their and other Sellers’ Resources, including but not limited to unauthorised “cracking” of the view-only reader and/or reproduction of their Resources and/or CoIP, such a breach remains a possibility. Furthermore, the Seller will release Notes2u of all liability and damages, real or perceived, financial, intellectual, or academic, arising from such a breach if such a breach occurs, and the Seller agrees that no compensation or admission of fault will be made by Notes2u in the event of any breach, and it is their sole responsibility to pursue compensation for said damages against the relevant User(s) accused of the breach to the extent permitted by law.
The Seller will at all times warrant that the material contained within the Resources is and will at all times be accurate and complete to the subject matter represented, and that under any reasonable interpretation defined by the Platform, it contains no factually incorrect, inaccurate, misleading, controversial, inappropriate, illegal, threatening, abusive, harmful, obscene or otherwise objectionable material.
The Seller will at all times warrant that the information contained within their qualifications on their profile is and will at all times be accurate and complete to the subject matter represented, and that to the best of their knowledge, it contains no factually incorrect, inaccurate, misleading, controversial, inappropriate, illegal, threatening, abusive, harmful, obscene or otherwise objectionable material.
The Seller agrees to assume all responsibility and liability in relation to accuracy of the Resources and any representations that are made in relation to the Resources, as well as any loss or damage suffered by a Buyer (or any other third party) in connection with the Resources, including in relation to any allegation(s) of defamation, libel, discrimination, debasement, and actions taken in relation to such allegations. They must acknowledge and agree that the Platform is not liable for any conduct in relation to the Resources, and has expressly excluded all liability to the fullest extent as permitted by law.
The Seller declares and warrants that they are aware of the aforementioned requirement that all materials submitted must be copyrighted, and by submitting, the platform immediately is of the assumption that the Seller owns the copyright to all Resources submitted in that submission, and any other legal rights required to transmit, distribute, and reproduce those Resources under intellectual property laws and the Copyright Act. Any alleged copyright claims will be the legal responsibility of the Seller to defend and not the responsibility of Notes2u, pursuant to the Copyright Clause of these terms.
Any alleged copyright claims may result in immediate account Suspension of the Seller (and any implicated Buyers) pending further review. If copyright claims are proven, the Platform will immediately permanently Revoke your account and you will forgo any remaining balance or pending payout stored within your account.
The Seller acknowledges that Notes2u reserves the rights to pass on their contact details to any third party that disputes Resource ownership, or makes claims of intellectual property infringement in relation to any Resources they upload or transmit.
The Seller warrants that the Resources submitted do not consist of material used for the primary intention of facilitating cheating or other academic misconduct, including others’ exam answers, assignments, or any direct reproductions of work that a student is required to complete in order to fulfil a set course of study. All published Resources must be published with the exclusive intention of assisting students with academic growth, and no Resources may be published with the express intention of facilitating cheating, academic misconduct, or violation of intellectual property. If any Resource is flagged by any regulatory or assessment body as being used for, or having the potential to be used for, any such misconduct, the Seller of that Resource will assume full liability for any penalties imposed as a result of such a conclusion by said external authorities.
While Notes2u does not have any obligation to moderate the Resources listed on its Website, the Platform reserves the right to accept or reject any Resources based on any criteria of its choosing, or remove any Resources from the Platform, albeit not retrospectively, at its own discretion.
If a Seller has articulable grounds and material proof of a breach of the Buyer Terms by a Buyer (e.g., if a Seller becomes aware that their Copyright or Intellectual Property (CoIP) has been illegally reproduced, submitted under false pretenses, or modified to contain criminally offensive, pornographic, or defamatory content), then they are obligated to immediately contact Notes2u support at [email protected] to report the matter. The Seller can expect a reasonable resolution on such a breach by the Buyer, facilitated by Notes2u, including but not limited to account Suspension or Revocation of the Buyer, criminal charges, or reporting under the reporting guidelines outlined in these Terms. However, the Seller must understand that taking these actions in no way constitutes Notes2u taking, or claiming to take, any responsibility for either the breach or seeking compensation for the breach on their behalf or the behalf of other affected parties.
The Seller acknowledges and agrees that the Platform reserves the full right to update, alter, amend, or otherwise modify its pricing, commission, and transaction fee structures at any time, with or without prior notice. All Resources listed on the Platform will be subject to the current fee and pricing structures at the time of transaction, not necessarily the structures in place at the time the Resource was initially uploaded or submitted by the Seller.
The Platform further reserves the discretionary right to, on a case-by-case basis, preserve the original pricing structure applied to certain Resources, including but not limited to promotional offers, legacy Resources, or those deemed by the Platform to be in the Platform’s strategic interest. The Seller agrees that they will not contest or dispute any changes made to the pricing or fee structures, nor the selective application of either the original or revised structure to Resources, regardless of whether these decisions impact their individual sales or revenue. It remains the sole responsibility of the Seller to remain informed of the most current pricing and fee structure as outlined on the Platform’s relevant informational pages, and to assess the impact of such changes on their participation and ongoing relationship with Notes2u.
In the event that the Platform “shuts down,” meaning the Website ceases to have an online presence and the Platform is forced to cease trading with the intention of making a profit, Sellers acknowledge that Buyers will be granted one-time Download access to any View-Only Resources they purchased through the Platform, and Sellers will not be provided with any additional compensation as the Platform will cease to exist. This clause is only intended for extreme situations in which external circumstances force the closure of the Platform, and it is in the interest of Notes2u, all Sellers, and all Buyers that the Platform remains extant for trading.

4.2 Sellers and Other Platforms

You, the Seller, are PERMITTED to sell the Resources you upload to the platform separately and externally through other sources and means, but you cannot use the platform itself to advertise the sale of your Resources outside the platform.
- You CAN and ARE ENCOURAGED TO provide links into the Platform, i.e., put links on external sites to your profile on the platform (i.e., you can “link in” to your Notes2u profile by posting its link on a social networking or tutor advertisement page)
- You ARE permitted to use any other platform to identify yourself as the author or uploader of Resources listed on this Platform, but you CANNOT use our platform to advertise your contact on any other platform, or otherwise attempt to “cut Notes2u out of a transaction”
- You ARE NOT PERMITTED to incorporate links to external platforms in the notes or profile section on this platform (i.e., you cannot “link out” of your Notes2u profile to other sites or platforms you use by posting your personal contact details, website, or social networking details in your profile on this Platform or otherwise embedding them in your Resources)
- You, the seller, acknowledge that the previous clause is conditional upon you retaining the full and exclusive copyright and intellectual property rights (CoIP), or obtaining written permission from any other individuals or entities with partial possession of CoIP, to any Resources uploaded to the platform. If a seller knowingly or unknowingly gives away the CoIP to said Resource(s) at any time prior to, immediately at, or subsequently following their upload to the Platform, such as by providing them to any employer in the course of proper and legal employment (work), selling the rights directly by uploading them to another platform or marketplace, or submitting them to any organisation or entity that claims CoIP ownership in doing so, then Notes2u reserves the right to withhold the Seller’s full commission owed on any Resources sold in the past, present, or future for the purposes of compensating itself and the party or parties whose CoIP has been breached.
- Please note that this clause primarily serves as a warning against selling Resources made exclusively for a tutoring company, and/or published on another website which edits, modifies, changes, takes over, or assumes ownership over the CoIP rights of your Resources, and allows other people to access them without the Seller’s direct approval or control.
- It is the Seller’s responsibility to read and understand the terms of any other websites or employers they are using to distribute Resources also uploaded to this platform, to avoid any misunderstandings over CoIP ownership, and the policies of those websites and employers in regards to using this and other Platforms to sell copies of Resources while retaining the CoIP rights to those notes. If uploading any Resources to this Platform constitutes such a breach or misunderstanding with another platform or entity, Notes2u cannot be held liable for said breach, but instead reserves the right to, but may not necessarily choose to, facilitate communication between parties to the dispute(s) through the provision of limited relevant personal information, as aforementioned, in addition to Suspension and/or Revocation of the implicated User accounts.
- If any dispute or discrepancy in these Terms and Conditions arises between Notes2u and affected Seller(s), Notes2u’s judgement and decisions on the matter, including margins, will prevail.

4.3 Seller Agreement

In addition to Notes2u reserving the right to cease any relationship with any User, if the Seller is unsatisfied by this judgement, or any judgement or Term contained within these Terms, whether or not actively enforced by Notes2u, they reserve the right to remove their Resources from the Platform, which will stop the Resources being advertised or promoted, but Buyers with pre-existing access to these Resources will continue to have their access preserved as per the aforementioned Buyer Terms. Once the Seller releases their Resources to the Platform, and by extension, to Buyers, they acknowledge that terminating their agreement to publish their Resources will NOT act retrospectively and there will be no mechanism to prevent Buyers who made transactions purchasing those Resources in the past from accessing these Resources in the present or the future, so long as their terms allow for it, or remove their Resources from the passive possession of the Platform; a Seller terminating their agreement with us will only remove their Resources from current and future promotion and advertisement on the platform, and cannot and does not imply removal of said Resources from Buyers’ external circulation, personal use, or possession incurred as a result of the original, or prior, transactions.

5 Payment and Refund Terms

In addition to the following Terms, the privacy policy and Terms of Service of Stripe and other third-party platforms that this Platform engages will apply to all Sellers, Buyers, and Users transacting with those platforms in any applicable way, and Users must be aware that making any transaction constitutes to an agreement to all Terms of all companies involved in said transaction.

5.1 Buyer Payment Entitlements and Refund Policy

Buyers may purchase Resources from the Platform on their own, as part of packages, subscription deals, or other offers, for the prices agreed to and outlined on the relevant Website page(s). Immediately upon payment, links to view and/or download these Resources are made available to the Buyer, and cease to function either one (1) year from the date of purchase or if and when the Buyer ceases or is forced to cease their relationship with Notes2u, whichever occurs earlier.
Buyer card details are not stored. They are transmitted to our partner Stripe to facilitate electronic payments. Any exposure of personal or financially identifying information as a result of this partnership lies with Stripe and not Notes2u, and Notes2u is not obligated to assist any User in seeking damages from Stripe arising from such a breach, nor make compensations to any affected User on behalf of Stripe or another third party.
Refunds are not provided to Buyers on a change-of-mind basis due to the provision of adequate samples, and by making any purchase, the Buyer explicitly agrees to this as part of the aforementioned Terms. Compensation can only be sought by Buyers in exceptional cases whereby it can be proven that the Seller breached the corresponding Seller terms in falsely representing their Resources in a manner significant enough to require remuneration and/or compensation. Such remuneration and/or compensation may be provided by Notes2u on a purely discretionary basis on behalf of the Seller, and its provision in no way indicates a claim of responsibility or equivalent by the Platform over the breach made by the Seller.

5.2.1 Seller Payment Entitlements

No matter what the Buyer pays, and no matter what means the Buyer uses to pay, the Seller will always earn the same commission from the Platform every time any Resources are viewed or downloaded. This commission, and any incidental transaction fee(s) potentially affecting this commission, is again outlined on the relevant Website page(s).
Reverse refunds are not provided to Sellers on a change-of-mind basis if Sellers decide that they wish to remove or Revoke access to, or promotion of, Resources to one or more Buyers via the Platform. Removal of Resources is never retrospective, neither financially or access-related, as covered in the Seller terms.
Notes2u will collect and store Sellers’ BSB and account information and pay the owed commissions to the Sellers’ nominated bank account at a routine and reasonably frequent interval after a sale determined at the Sellers’ agreement via bank transfer. This duration may be anywhere from 1 to 10 business days. During this time, the money will be held in the Seller’s “Notes2u balance”. This delay in paying out Sellers in no way constitutes the Platform taking money on behalf of a third party, and the delay is purely for administrative reasons and to provide additional time for the Platform, its payment partners, and any associated financial institutions involved in said transaction(s) to conduct administrative and financial checks and balances.
Sellers agree that once they have been notified that a payout has been processed and funds have been directed to their bank account by the Platform, they must allow a minimum of 3 business days for the payment to arrive. If the payment does not arrive after this time, it is then the Seller’s responsibility to follow up with their financial institution(s) and ensure they have provided the correct details to the platform. If incorrect or misleading bank or personal details have been provided to the Platform, its payment partners, and/or any financial institution, the Seller assumes full responsibility for the error(s) and forfeits any payment(s) owed to them prior to the mistake being corrected and all parties having provided written acknowledgement as to the correct details. If the Seller’s financial institution(s) are unable to resolve the situation, the seller is to contact [email protected] at their earliest convenience with the heading “ATTN: SELLER FUNDS NOT RECEIVED” and an investigation will be commenced at the convenience of the Platform. Notes2u will only re-issue a payment if it can be conclusively proven that the Platform has misdirected funds as a result of its own administrative error. It is the sole responsibility of the Seller to follow up on any missing payment(s) of unknown cause, or those which can be conclusively proven to be the direct result of another individual, company, or entity not associated with the Platform, and Notes2u will only assist the Seller at its own discretion and this assistance will only constitute the provision of adequate documentation of the payment process to exonerate the Platform and pinpoint the source of the error to the best of its ability.

5.2.2 High Achiever Definitions

The definition of “High Achiever” is not the creation of a separate entity with its own separate Terms, and should not be referred to or thought of in such a way.
“High Achiever” simply refers to a colloquial and non-legal credential attached to a Seller’s profile that provides a reasoning for the Platform to raise the offering price (to Buyers) of said Seller’s resources by a margin predetermined at the time of agreement, and to adjust the margin of commission collected at the Platform’s discretion. The agreements in variations of said commissions and prices will be reached individually with each Seller that seeks to identify themselves on the Platform as a High Achiever, and previous agreements are not to be used in any way to determine or influence the nature or margins of future agreements. The pricing schemes listed on the Website pages are solely indicative in nature, and do not apply bindingly to any High Achiever or Seller without prior negotiation and written confirmation by the Platform.
The credential “High Achiever” is issued by Notes2u for exclusive use within its own platform, and should not be seen or used by any Seller as any form of formal qualification, certification, or representation in any setting external to one managed by the Platform.

5.2.3 High Achiever Agreement

We reserve the right to adjust the margins and commissions of any agreement for High Achievers at any time, effective immediately upon written notice provided to the affected Seller(s).
If any dispute or discrepancy in these Terms and Conditions arises between Notes2u and affected Seller(s), Notes2u’s judgement and decisions on the matter, including margins, will prevail.
If the Seller is unsatisfied by this judgement, they reserve the right to remove their Resources from the platform, which will stop the Resources being advertised or promoted, but Buyers with pre-existing access to these Resources will continue to have their access preserved as per the aforementioned Buyer Terms.
The Platform reserves the right to contact the Seller’s school or any other relevant assessment body to verify the Seller’s purported academic credentials in the process of obtaining, verifying, or continuing any High Achiever status and/or listed qualifications to the best of its ability. While this right is not normally exercised in the course of daily transactions, it can be, and may become necessary if any credible allegations of any Seller’s misconduct, fraud, or misrepresentation are posed by any User.

6 Commercial Users

Unless otherwise specified in this section, Commercial Users must adhere to the same principles that bind, and are legally and under these Terms considered to be, normal Buyers, and Notes2u maintains a consistent stance in positions of CoIP protection, breaches of the Terms, and exclusions of legal liability for any damages, real or perceived, financial, intellectual, or academic, to the fullest extent permitted by law. Any omission, waiver, or severance under this section will result in the obligations and Terms applied to a Commercial User defaulting to that of a normal Buyer unless specified in writing by the Platform.

6.1 Commercial Relationships

Commercial relationships with Notes2u involve interactions with non-individual corporate entities or registered Australian Businesses or Australian Companies possessing ABNs and ACNs as aforementioned, who engage with or approach the Platform with the primary incentive of procuring services or Resources for their own financial gain. Such organisations include but are not limited to tutoring centres, for-profit educational institutions, or other educational corporate entities (collectively, “Commercial Users”).
Commercial Users are responsible for understanding and complying with these Terms and any additional agreements explicitly outlined for their use in written communication with Notes2u. All negotiations, including but not limited to pricing, specifications, and terms of service, must be conducted transparently and in good faith.

6.2 Negotiation and Records of Special Commercial Agreements

Quotes, prices, and specifications provided by Notes2u are deemed final unless explicitly stated otherwise. If a Commercial User has any inquiries or specific requirements, especially regarding use of proprietary Platform software or commercial distribution of Platform Resources, it is their responsibility to request clarifications or adjustments before entering into any binding agreement or transaction. Failure to inquire or provide relevant details will not obligate Notes2u to amend or retroactively address the agreed terms.
All aspects of written negotiations shall be made available by Notes2u to the Commercial User through the use of an electronic communication platform such as email, and vice versa, so that no misunderstandings or miscommunications can occur about special requests, negotiations, and/or waivers to any conditions listed within these Terms. This applies especially to agreements over any Commercial Licencing, or the right to reproduce content supplied by or vested in Notes2u by the Commercial User for the profit of the Commercial User.
If any dispute or discrepancy arises between Notes2u and any Commercial User(s) in the interpretation of any agreement, or any written or verbal communication records, and/or these Terms and Conditions, Notes2u’s judgement and decisions on the matter, including financial remuneration, copyright licencing, and specifications, will prevail, and will be considered final and binding. Commercial Users acknowledge and accept that the Platform will exercise its best judgment to determine the appropriateness of solutions or specifications related to any provided Resource, without assuming liability for misinterpretations or oversights resulting from a Commercial User’s failure to communicate or specify their needs.
All aspects of verbal negotiations considered to be instrumental to the business by the Platform, such as agreed prices, specifications, and content, will be recorded in written format by agents of the Platform at the point of negotiation, and any aspect of negotiations omitted from this negotiation or not considered to be instrumental to the negotiation by the Platform may or may not be considered during the subsequent design or coordination of the requested Resources, software, or services.
It is hence the responsibility of the Commercial User to record in written format their own considerations of what is instrumental to any negotiation undertaken, and to forward a copy of this written record to Notes2u at their earliest convenience so as to ensure all information considered instrumental or otherwise essential to both parties is consistent, examinable, and easily referenceable in the event that a later dispute arises or further requests are made by either party.
If any dispute or discrepancy arises between the Terms and Conditions applied by Notes2u and any other terms and conditions applied by any Commercial User(s) in their own business or transactional domain, especially any terms and conditions applied unknowingly to the Platform and/or its agents, Notes2u’s Terms and Conditions on the matter will prevail to the fullest extent permitted by law, given the customer’s awareness of the existence and binding nature of these Terms, their requirement to read these Terms in full, and their acknowledgement of agreement to these terms through the act of expressing interest to enter into negotiation with Notes2u as a Commercial User.
If the Commercial User fails to properly record, inform, negotiate, or request any actions of Notes2u as a result of poor organisation of written communication, a verbal communication breakdown, and/or a failure to properly notarise, declare, transmit, and certify any other relevant or potentially relevant information, the Commercial User accepts that the Platform will exclude its liability for damages caused by this misunderstanding(s) to the fullest extent permitted by law, and the Commercial User will be responsible for any ramifications, legal or otherwise, arising as a result of said misunderstanding(s).

6.3.1 Exclusions and Limitations

All exclusions and limitations outlined in Section 3.1 (General Terms for Buyers) apply equally to Commercial Users unless explicitly superseded by terms in this section. In addition to the Platform’s said Terms indemnifying itself and its agents against damage caused by any Buyer’s use or misuse of any Resources, and any errors or offensive material in said Resources, Notes2u is not liable for:

Any damages, direct or indirect, arising from a Commercial User’s failure to inquire, specify, or provide complete and accurate details regarding any software, commercial Resources, or electronic infrastructure requirements.
Losses incurred due to omissions, misrepresentations, or lack of due diligence by the Commercial User in understanding the software or commercial Resources offered.
Any implied warranties or guarantees beyond what is expressly agreed upon in writing and interpreted by Notes2u to mean an agreed-upon warranty or guarantee.

6.3.2 Express Prohibitions of Commercial Users:

Commercial Users are expressly prohibited from reproducing, modifying, selling, redistributing, or manipulating any Resources beyond the scope of agreed-upon use, in written or notarised verbal communication, within their entities, companies, or organisations without explicit, written permission from Notes2u.
Commercial Users are expressly prohibited from engaging in practices that otherwise contravene intellectual property rights, licensing terms, or applicable laws.

6.4 Reporting

Commercial Users are obligated to promptly report any breaches, disputes, or issues concerning their use of the Platform or Resources, or the actions taken by any other Buyer, Seller, User, or third party, to Notes2u at [email protected] and identifying themselves as a Commercial User clearly within said report(s). Notes2u will always attempt to facilitate a reasonable resolution, but does not assume responsibility for resolving any dispute(s) or providing any interpretation or position on any dispute(s) between Commercial Users and third parties.
Again, Commercial Users agree that quotes, prices, specifications are final and implied, and that is their sole responsibility to clarify, report, or request anything which presents grounds for a dispute, or could reasonably be foreseen as presenting grounds for a dispute, and if they do not do so, or fail to do so in a way satisfactory to the Platform, then the Platform will exercise its best judgement in deeming appropriateness of any solution or specification of any Resource provided to any Commercial User, the Commercial User must accept the Platform’s judgement(s), and the Platform will not be held liable for any damages caused to a Commercial User or third party as a result of a Commercial User’s failure to inquire, specify, provide details for, or omit any details regarding, any commercial Resource, software, or other service provided.

7 Other

7.1 Ethics and Reporting

Notes2u prides itself on being an ethical business making all possible attempts to combat academic misconduct, theft, cheating, CoIP violations, identity misuse, and financial crime, in line with ASIC, AFR, ATO, and Business Australia laws and policies. The Platform has made all reasonable attempts to ensure that it is compliant with applicable CoIP, education, e-Commerce, online marketplace, taxation, corporation, KYC, employment, and contract legislation to the best of its ability. We actively monitor our and other platforms for signs of money laundering, identity theft, digital security, and intellectual property crimes using a variety of automated and manual methods. To find out more about this, please contact us at [email protected] for further information.

Notes2u mandates reporting of breaches of Terms by Buyers and Sellers, but any User or other entity can and should make a report on any breach, illegal activity, or unethical behaviour involving the Platform or its Users at any time by reaching out at [email protected] promptly.

Notes2u will review all reports made regarding concerns about, or breaches of, these Terms, and if it deems necessary, remove the allegedly infringing Resources and/or Users from the Website and/or possession of the Platform. Notes2u reserves the right to refuse to take any actions following review, if it is unable to satisfy itself that there is or is likely to be a policy and/or CoIP violation arising from the content of the Resources or their distribution.

7.2 Liability for Removal

Notes2u does not bear any liability in relation to any losses or damages, real or perceived, suffered by a Buyer or Seller as a result of the removal of any Resources, wrongfully or rightfully, whether or not this was performed as a result of breaches to the Terms under our aforementioned rights or after receipt of a true or false Report. The User(s) violating the terms and/or the issuer(s) of the false Report(s) and/or the affected User themselves will be liable for any losses or damages suffered as a result of any removal or termination of the Resources, and it is a matter for the legal system to apportion liability as it sees fit.

A ‘wrongful removal’ of Resources includes but is not limited to a Court judgment finding the Resources do not constitute an intellectual property infringement, and/or a formal written legal opinion by an intellectual property lawyer that the Resources do not constitute an infringement.

8 Conclusion

If you’ve made it this far through all the legalese, congratulations! It took a long time to draft, organise, and perfect these Terms, and ultimately all we’re interested in using them for is to create a seamless customer experience by protecting everyone who uses and visits our site, while also making it watertight to anyone who’s trying to “game the system” and take advantage of everyone else doing the right thing. Sometimes it’s hard to balance customer, seller, and commercial needs, but we feel we’ve done our best to keep things in line with complex corporate law, commonsense judgement, and everyone’s best interests. At least it was an exercise in Legal Studies for us (contract law, anybody?)… Again, if you have questions about anything listed here, don’t hesitate to get in touch at [email protected].

A Appendix

A.1 Provision for Addition of Future Terms

When the Platform introduces, at its sole discretion and readiness, an account system for the primary purpose of access control to Resources and transaction record-keeping for Buyers and Sellers, the following terms will apply. To access the Website, a User must provide an email address and password. Said User is solely responsible for maintaining the confidentiality of that email and password. Any User must notify the Platform immediately of any unauthorised use, breach, or relinquishment of access to said email and password. All Users are responsible for any authorised or unauthorised actions undertaken using said email address and password, including but not limited to unauthorised financial transactions, uploads of confidential Resources, and/or the exposure of personal information. The Platform is not responsible for, and cannot be held liable for, any authorised or unauthorised actions undertaken using a User’s email address and password, including but not limited to unauthorised financial transactions, uploads of confidential documents, and/or the exposure of personal information. Notes2u is also not responsible for any unauthorised breaches of access to said email addresses and passwords, both on this Platform and on any external platform, occurring as a result of cyber crime, hacking, spyware, malware, or physical device theft occurring to the databases and electronic infrastructure of itself, its agents, or any User. Additional details on this policy are listed within the Privacy section of these Terms.