Terms of Use1. Interpretation of Terms
1.1 Definitions.  In these Terms and joining Terms, these words will have the following meanings, unless the context otherwise requires:
(a) Classnotes.  Student Network Associates as trading as Classnotes (ABN 436 035 03769)
(b) Classnotes website.  The Classnotes.com.au website
(c) Classnotes Services.  Inclusive of the website, other features, content, classnotes goods or applications
(d) Member.  A user who formally registers and agrees to the Terms of the Classnotes website
(e) User.  A user of the Classnotes website, yet is not a formal member
(e) Agreement.  Refers to the agreement between you and Classnotes on the Terms of Use below
(f) Terms.  Refers to the Terms of Use included below
(g) Attached Terms.  Includes Classnotes’ Privacy Policy and Plagiarism Policy.
(g) Personal Information.  Information provided by you as per Clause 11
(h) Intellectual Property.  Copyrighted material, trademarks or other proprietary information of Classnotes or on the Classnotes website
(i) Content.  Text, files, images, photos, video, sounds, works of authorship, or any other materials.
(j) Indemnified.  Classnotes, its partners, agents, officers, employees, and third party providers.
(k) Classnotes Materials.  Classnotes Services containing goods, services and materials provided by Classnotes through its website, exclusionary of the Content held and provided by Classnotes Members.

1.2 Rules of Interpretation.  In the interpretation of this Agreement, unless explicit contrary intention appears:
(a) Reference to this Agreement means reference to an agreement between you and Classnotes on the Terms of Use, Privacy Statement and Plagiarism policy, and includes an amendment or supplement to, or replacement or novation of this Agreement;
(b) The words “includes” or “including” mean “includes without limitation” or “including without limitation”;
(c) Reference to a person includes reference to a corporation, firm, association or other entity, and vice versa;
(d) The singular includes the plural and vice versa;
(e) Reference to any legislation or to any provision of legislation includes a reference to any modification or re-enactment of or any provisions substituted for such legislation or provisions;
(f) A reference to any gender includes a reference to all other genders;
(g) An agreement, representation or warranty made by two or more persons is made by them jointly and by each of them severally;
(h) Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.

2. ClassNotes Business Information
Classnotes is an online market for students to buy and sell their tertiarty education course notes to other students in their Victorian tertiary community.  Student Network Associates (of 7 Alfred Street, Prahran, Victoria, 3144 Australia) trading as Classnotes offers the Classnotes website and other Classnotes Services offered from time to time in connection with the Classnotes website.

3. Terms of Use
3.1 General Terms of Use.  By and in consideration of using Classnotes Services, you agree to be bound by these Terms, our Privacy statement and our Plagiarism policy.  Read these Terms carefully and save them.  You can obtain a copy of these Terms by copying this document or emailing us at contactus@classnotes.com.au.  If you disagree with these Terms, you must immediately stop using Classnotes Services.

3.2 Additional Terms.  Classnotes may require you to download content to enable you to use particular Classnotes Services (eg. Table of Contents template) and therefore agree to more terms and conditions.  These will become part of these Terms.

3.3 Updates of Terms.  Classnotes may change the Terms from time to time and post these changes on the Classnotes website.  You will be bound by any such changes if you Classnotes Services after the public announcement of these new Terms.  Therefore, you must review the updated Terms regularly to understand such changes.

4. Membership
4.1 Creating Member Profile.  When registering with Classnotes as a member:
(a) You agree to create a Member account with Classnotes in order to use Classnotes Services;
(b) You will create your member account following Classnotes online registration process, or any other method specified by Classnotes at any time;
(c) You agree that your Classnotes membership and all personal information about you excludes telephone numbers, street addresses, or anything else which breaches Clauses 8.3 and 8.4 below;
(d) Your membership will permit you to login to the Classnotes website to manage your account, use Classnotes Services and manage your personal information or relationship with Classnotes;
(e) You agree to only maintain one Member account regarding your use of Classnotes Services.
(f) Resell or sub-license your Member account or use of the Classnotes website to any other person;

4.2 Use of Member Profile.  You agree that you, as a Member, will only use your Member account and the Classnotes website for the purposes of using Classnotes Services and for no other purpose.  Specifically, you as a Member will not use your Member account:
(a) To promote the services of a competitor of Classnotes, without prior written consent from Classnotes;
(b) In a fradulant, offensive, illegal or otherwise objectionable manner;
(c) To stalk or harass another person;
(d) To impersonate any other Member, User or any person in any way;
(e) To infringe the copyright or Intellectual Property of any person;
(f) To send or deliver viruses, spyware, malware, or other harmful, disruptive or destructive files;
(g) In a way that damages the Classnotes website or restricts the access of any other Member;
(h) In a reckless or intentional manner, of which deteriorates the performace of the Classnotes website for the Classnotes Team or its Members and Users.

4.3 Eligibility.  The use or membership of Classnotes Services is null and void where prohibited by law.  By using Classnotes Services, you represent and warrant that (i) all registration information you submit is true and accurate, (ii) you will maintain the accuracy of this information provided, (iii) you are of at least 16 years of age, and (iv) your use of Classnotes Services is not prohibited and in breach of applicable law or regulations.

4.4 Term of Membership.  You, as a member, may terminate your membership at any time, for any reason.  Please follow the respective instructions on the Classnotes website.  By ceasing membership, you can no longer access Classnotes Services or post further content on the Classnotes website.  We (the Classnotes Team) have sole discretion to either keep or remove content already posted by you on the Classnotes website.  Even after membership ends, these Terms remain in effect.

4.5 Password.  You must keep your password secret.  You must not use the account, username or password of any other Member at any time or to disclose your password to anybody else.  You must tell Classnotes immediately if you suspect any unauthorised use or access to your account and/or password.  You and you alone are responsible for any and all use of your account.

4.6 Fees.  Classnotes has the right to charge at any time for Classnotes Services (e.g. A commission for successful sale or subscription fee) and to change its fees from time to time at its own discretion.  If you or Classnotes terminates your membership, you are not entitled to a refund of any unused portion of any fees and you may forfeit any rewards under a Classnotes Rewards Scheme.

4.7 Refund Policy.  Classnotes holds sole discretion to offer or not to offer refunds.  Classnotes does not offer an automatic refund policy for Members, including without limitation, unsatisfactory notes.  In special circumstances, where Classnotes deems it necessary, it may give a refund for unsatisfactory purchased notes.  In order to be considered, you must immediately contact Classnotes and plead your case for refund, and your refund submission will be assessed on a case by case basis.  Any Member who fails to contact Classnotes, and submitting a refund submission before 48 hours after purchase, will waiver any rights to a discretionary refund.

5. Content and Use
5.1 No responsibility for Content.  Classnotes assumes no responsibility or liability for any material provided by Users or Members.  Therefore, personal information or content submitted by Users and Members may be inaccruate, incomplete, inappropriate, offensive or sexually explicit.  If you learn of misuse of the Classnotes Services and/or website by anybody, please immediately email Classnotes or click on the “Report Abuse” link on the home page.

5.2 Classnotes Discretion to Control Access.  Classnotes has sole discretion to reject, refuse or remove all or any part of Content and/or posted messages and comments, by you (a Member or User).  Classnotes also has sole discretion to restrict, suspend, or terminate your access to all or any part of the Classnotes website or Services.  These both can be done at any time, with or without reason or prior notice, and without liability.

5.3 Classnotes Mandatory Removal of Content.  Classnotes will remove any Content submitted by Members (such as uploaded notes for sale) after 18 months, if they have (i) not been sold once in the 18 month period or (ii) have remained inactive for the 18 month period.

5.4 Classnotes Reward Schemes.  Classnotes may offer rewards to Members from time to time, at its sole discretion, and can be revoked at anytime, if for example, your content breaches our Terms or Attached Terms, wholly or partially.  In such cases, you forfeit any rights held to any rewards, which were not exercised at the time or revocation.

6. Non-Commercial Use of Notes
Classnotes Services are for your personal use only.  You must not use them for any commercial purpose.  Illegal and/or unauthorised use of Classnotes Services, which includes collecting information about Users or Members by any means in order to send unsolicited emails and/or unauthorised framing of or linking to the Classnotes website is prohibited.

You agree not to use or launch any automated system, such as without limitation, “robots” or “crawlers”, that can access the Classnotes website in a way that sends more request messages to its servers in a certain time period, than which a human User or Member can reasonably produce in such a time period, using a conventional Internet web browser.  Classnotes only allows operators in charge of public search engines to use “crawlers” to copy information from the Classnotes website for the sole purpose of creating publicly available searchable indices of materials.  You agree not to collect personally identifiable information, such as usernames, from the Classnotes website.

You shall not share or send any chainmail or junk emails to other Members or Users.  You must not use any information obtained from Classnotes Services or the Classnotes website, in order to contact, advertise or sell to any Member or User without their prior explicit consent.

7. Proprietary Rights in ClassNotes Content
7.1 Proprietary Rights.  Classnotes does not claim ownership of Content that you may or have posted or uploaded onto the Classnotes website to form part of Classnotes Services.  By posting Content on the website or through Classnotes Services, you hereby grant to Classnotes a non-exclusive worldwide continual license to use, modify, publicly perform, publicly display, reproduce, and distribute all or part of such Content on and through Classnotes services or its website and through Classnotes and its affiliated entities, other off-line services and products and to charge for access to and/or use of your Content.

7.2 Supply to Anti-Plagiarism.  This license granted to you by Classnotes to use your Content includes (without limitation) the right for Classnotes to supply your Content to providers of anti-plagiarism tools at our discretion, so that these providers may check the integrity and lawfulness of your Content, and so on.

7.3 Reason for above License of Rights to Modify.  Classnotes requires this proprietary license to offer and provide Classnotes Services to its Members and Users.  Classnotes cannot digitally format Content on the Classnotes website without a right to modify.  Classnotes also cannot publicly post Content or allow Members to view such Content on the Classnotes website without a right to publicly perform your Content.

7.4 License of Rights information.  Your license to Classnotes is (i) worldwide, due to Classnotes and the Internet having worldwide reach, (ii) perpetual, meaning it will continue even if you cease being a Classnotes member, (iii) subject to reward schemes offered by Classnotes at its sole discretion at any or no time, (iv) sublicensable.

7.5 Agreement by Customer on Content.  You represent and warrant that:
7.5.1 No copyright infringement. You created and therefore own all the Content uploaded to Classnotes and all rights in such Content including (without limitation) copyright.  You will exclude from your Content any documents, files, records, musical or literary works made accessible to you by:
(a) Your university or lecturer/professor employed by your university; or
(b) A board of examination (especially including marked assignments and examinations); or
(c) Any author or publisher whose works you have used in your studies; or
(d) Any other student.
7.5.2 No infringing other rights. Your uploaded Content on the Classnotes website or through Classnotes Services, will not breach privacy rights, publicity rights, copyrights, contract rights, proprietary rights or any other rights of any person.  You agree to pay for all royalties, fees, and any other money owing to any person for any reason, for any of the Content uploaded by you to Classnotes.

7.6 IP Laws & Personal Rights.  Classnotes Materials are protected by intellectual property and other laws, and Classnotes retains all rights in such Classnotes Materials and Classnotes Services.  Classnotes grants you a limited, personal, revocable, non transferable license to reproduce and display the Classnotes Material solely for your personal educational use.

7.7 Third party rights.  Classnotes Services contains Content of Classnotes Members, Users and potentially, third parties.  Other than Content posted by you (a Member), you also agree not to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Classnotes Services other than by downloading and printing for your own personal education use alone.

8. Content Policies
8.1 Content Posted.  Classnotes holds the entitlement and right to delete all or part of any Content that in its belief and discretion breaches these Terms, Attached Terms and Important imformation above, or is not within the quality standards, or is considered offensive, illegal or violates the rights and safety of any person.  Classnotes is NOT responsible for monitoring or actively “policing” Classnotes Services for inappropriate or illegal Content or Member conduct.  Even if Classnotes chooses in its sole discretion to monitor or “police” Classnotes Services or the Classnotes website, Classnotes does not assume any responsibility for Content, no obligation to modify or remove inappropriate Content, no responsibility for the conduct of any Member and their Content, or any responsibility for failing to notice or report such inappropriate Content when exercising this discretionary right.

8.2 Customer responsibility for content.  You, as a Member or User, are responsible for Content you post onto the Classnotes website or through Classnotes Services, and for any material or information you transmit to other Members or Users or interactions you have with those Members or Users.   Classnotes does not endorse and or control yours or anybody else’s Content.  Classnotes has sole discretion to review your Content prior to upload, but responsibility for the appropriateness or legality of the Content still rests with you.  You cannot remove any Content once you have posted it, only Classnotes can do this.

8.3 Prohibited Content.  Below shows a non-exhaustive list of Content that is illegal or prohibited by Classnotes from being uploaded or posted on the Classnotes website or through Classnotes Services:
(a) Offensive material or promotes insensitivity or hatred, such as racism, bigotry, hatred or physical harm against any person, group or animal;
(b) Contains nudity, violence, or offensive subject matter or contains links to adult websites;
(c) Provides telephone numbers, or other personal and private information or you or anybody else;
(d) Promotes information that you know or have good reason to believe is false, misleading, promotes illegal activities, or promotes conduct that is abusive, threatening, obscene, defamatory or libellous;
(e) Promotes an illegal or unauthorised copy of another person’s copyrighted work
(f) Involves the transmission of spam, which includes and is not limited to “junk mail”, “chain-mail”, “spimming” and so forth;
(g) Contains restricted or password only accessible pages or hidden pages or images

9. Copyright Policy
You agree that you will not (using Classnotes Services or the Classnotes name) post, modify, distribute, or reproduce in any way, Intellectual Property belonging to others or Classnotes without obtaining prior written consent of the owner of such proprietary rights.  Classnotes holds the right to terminate membership privileges of any Member who infringes the Intellectual Property of others upon receipt of notice to Classnotes by or for the rights owner.

10. Disputes
10.1 Between Members/Users.  You alone are responsible for your interactions with other Members and Users.  Classnotes is entitled to but not olbiged to, monitor disputes between you and other Members or Users.

10.2 Between you and Classnotes.  For any disputes with Classnotes, you agree that the dispute shall be governed by the laws of the State of Victoria, Australia, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Australia located in the State of Victoria.  Either you or Classnotes may demand that any dispute between Classnotes and you about or involving Classnotes Services must be settled via the use of Victorian Alternative Dispute Resolution, such as mediation or arbitration.

11. Privacy
11.1 Collection of information.  Classnotes will collect your personal information including your name, contact details, university details and payment details, as disclosed in the attached Privacy Policy.  All personal information will be handled, used, maintained and disclosed by Classnotes in accordance with all applicable privacy laws, data protection laws and its Privacy Statement.

11.2 Use of information.  You agree that you will only use the personal information of other Members (e.g. Unique Username) or Users for the purposes of this Agreement and for the purposes of interacting with them in relation to Classnotes Services.  Unless separately agreed between you and another Member or User, you must not use their personal information for any other purpose.

11.3 Applicable Privacy Laws.  You want to Classnotes and its third party providers that you will comply with all privacy laws and data protection laws (including, without limitation, the Australian Privacy Act 1988 (Cth)) in relation to the storage, use and transfer of personal information.

11.4 Incorporated Privacy Policy.  Use of Classnotes Services is also governed by our Privacy Policy, which forms part of this Agreement.  Please refer to Classnotes Privacy Policy here.