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 4 November 2018 and apply (a) to all Eligible Notes that you submit to Nexus Notes after that date; and (b) to all other Eligible Notes that you submitted to Nexus Notes before that date, where you agree that those Eligible Notes should be governed by these Terms and Conditions.
If you have any questions, please contact our team at firstname.lastname@example.org.
1. Service provided
The Nexus Notes Website is a platform for (a) Sellers to offer and sell Eligible Notes to Nexus Notes and (b) Nexus Notes to offer and sell Approved Notes to the public. Sellers receive royalties from Approved Notes that Nexus Notes sells to the public through the Nexus Notes Website.
Your relationship with Nexus Notes is solely that of independent contractors.
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 on the Nexus Notes Website.
When you submit an Eligible Note to Nexus Notes, you must include the following information:
Each time you submit an Eligible Note for approval, you represent and warrant, with respect to each Eligible Note submitted that:
If you submit an Eligible Note on the Nexus Notes Website, Nexus Notes will review the Eligible Note in order to determine whether it should be approved. If Nexus Notes approves the Eligible Note, Nexus Notes will issue a notice to you (Approval Notice) and the Eligible Note will become an Approved Note. You acknowledge that Nexus Notes will exercise full discretion in conducting this approval process, and Nexus Notes may refuse to approve an Eligible Note for any reason and without providing any explanation to you.
By uploading an Eligible Note to the Nexus Notes Website:
4. Buying Notes
You do not need to be a Member to buy Approved Notes from Nexus Notes. If you buy Approved Notes from Nexus Notes, you agree that:
If you are not satisfied with Notes you have purchased, for any reason, and you give Nexus Notes notice of this within 24 hours of purchase at email@example.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:
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 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.
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.
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.
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 must not 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.
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.
Assignment has the meaning given to it in clause 3.
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.
Intellectual Property Rights means all intellectual property rights including all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the Convention establishing the World Intellectual Property Organisation 1967.
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.