Terms and Conditions

ATARNotes+ is a subscription service that allows subscribers to access educational resource materials via our platform.

These terms and conditions ("Terms") apply to the use of this Website, the Service and to the access, use and purchase of Materials and other goods and services from us.

Where the Subscriber is a School Subscriber, the terms designated below as (or implicitly) relevant to such subscribers shall apply.

In using this Website and Service you agree to be bound by these Terms. If you do not accept these Terms, you must refrain from using the Website and Services.

1. Registration and Access

1.1 Your access to and use of the Website and Service, including in respect of each Account, is conditioned upon your, and (to the extent capable of applying) each Account Holder’s acceptance of and compliance with these Terms. To the extent possible and relevant, these Terms apply to all Subscribers, Account Holders and others who visit, access or use the Website or Service.

1.2 You must register to become a Subscriber in order to transact on the Service, and/or to become an Account Holder.

1.3 You may not transfer or assign your Subscription. Where you are a School Subscriber, you may permit and facilitate your students to become Account Holders – and the identities of such Account Holders can change during the Term, provided the numbers of such Account Holders do not the exceed the maximum that we agree to under the corresponding Subscription package.

1.4 Where you are an Individual Subscriber, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts, or, if under 18 years old that you have obtained consent from your parent or guardian and that they agree to be bound by these Terms on your behalf. You agree and acknowledge that in the event we suffer loss or damage as a result of a minor purporting to enter into a transaction with us, we reserve the right to take legal action and seek recompense from the parent or guardian of that minor.

1.5 Upon registration we may collect information such as a Subscriber’s name, address, email address and phone number, as well as credit card or other payment details. In the case of Subscribers that are School Subscribers, we may also collect information about their Account Holders, being individual teachers, staff and student names and email addresses. You agree to provide accurate and complete information and to keep this information updated when interacting with us. We will use your personal information in accordance with our privacy policy. This may include the provision of such information to related entities of InStudent Publishing Pty Ltd. Where you opt-in to doing so, we may provide your email details to third party educational institutions and others for marketing purposes.

1.6 You must not use another person’s account, password or log-in details for any reason, unless permitted by us in writing.

1.7 Each Subscriber and each Account Holder must keep their account details secret and secure, including login and password details. Each Subscriber is fully responsible for activities that occur through their Subscription, including uses of all passwords and Accounts. If you suspect unauthorised use of an Account or that a password is no longer secure, you must notify us immediately.

2. Limitation on use

2.1 The Service is for use by schools and individual students but may not, without our prior written consent, be used by private tutors (whether for their own purposes or for use by their students). This restriction includes a restriction on sharing content from, providing access to (whether or not through use of log-in details) or otherwise using the Service.

3. Subscription plans

3.1 Your Subscription is a periodic one (either 3,6 or 12 months) and will continue until it is terminated or expires in accordance with these terms. At the end of each subscription period, we will endeavour (but not do not guarantee) to contact you to ask if you wish to renew your Subscription and if so, for what period. Subscription Fees are payable periodically in advance. You authorise us to collect the then- applicable Subscription fees and any taxes, using any credit card we have on record for you. If you terminate your Subscription early then you are not entitled to any refund of fees paid in advance unless we are required by law to provide one.

3.2 We may from time to time offer various Subscription plans and may change them and their features from time to time. If you sign up for a Subscription plan, you agree to the terms, conditions and limitations associated with them that are posted on our Website (if and to the extent differing from or supplementing these Terms).

4. Fees and Payment

4.1 Subscription fees are stated at our Website. Subscription fees may be subject to GST and are non-refundable except as expressly set out in these Terms or where a refund is required to be provided by law.

4.2 All prices for goods and services that are for sale are listed on the Website are listed in AUD. Prices include GST where applicable. Prices are current at time of display but are subject to change with prospective effect on prior notice.

4.3 Additional terms and conditions may apply to purchases of Materials for sale or other goods or services and to specific portions or features of the Service, including special promotions or other similar features, all of which terms are made a part of these Terms by reference. You agree to comply with such other terms. If there is a conflict between these Terms and the terms posted for or applicable to a specific goods/ services offered on or through the Service, those latter terms shall prevail.

4.4 Payment must be effected in the manner described on the Website (credit card, debit card and any other method indicated such as Stripe) and must be received prior to provision of access.

4.5 If all credit cards we have on file for you are declined for payment of your Subscription fees, your Subscription will be cancelled unless you provide us with a new credit card. If you provide us with a new credit card and are successfully charged before your Subscription is cancelled, your new Subscription period will be based on the original renewal date and not the date of the successful charge.

4.6 You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your payment details before providing access.

4.7 From time to time, we may add or remove Materials and we make no guarantee as to the availability of specific titles or the minimum number of titles available. We reserve the right to refuse or cancel access to any particular Materials at any time for reasons including but not limited to product or service unavailability, errors in the description or price of a product or service or error in your order, suspected or actual fraud or unauthorised or illegal transaction.

5. Materials

5.1 Materials that you select for download and access during your Subscription will be available for you during the currency of your Subscription, at your convenience. When your Subscription ends, is suspended or this agreement is terminated such access (including access to any annotations or personalisation of the Materials that you have made) will cease, and you must not, thereafter use or access the Materials or any part thereof.

6. Posting rules and use of the Service

6.1 You agree that you will not post, upload, transmit or make available on the Service, User Content that:

(i) is defamatory of another user or any other person, incites hatred or discrimination against any person or group of persons, is racist, homophobic, misogynistic, abusive, hateful, threatening, hostile, intimidating, bullying, harassing, constitutes "trolling" or involves an invasion of privacy;

(ii) is inaccurate, erroneous, irrelevant or off-topic;

(iii) is misleading, false or deceptive (whether by representations or omissions);

(iv) infringes any third party's intellectual property rights (including copyright) or breaches confidentiality. Where User Content involves any copyright material you must not post it unless you own the copyright or have the written consent of the copyright owner;

(v) contains or depicts pornography, nudity, sexual acts or references, is vulgar, obscene or profane, is inflammatory or contains expletives;

(vi) includes a photograph or other likeness, or personal or private information of another person without their consent or impersonates another person or misrepresents your relationship with any person;

(vii) promotes, encourages or provides information about unlawful conduct or activities or is otherwise unlawful;

(viii) contains or is used to disseminate any unsolicited or unauthorised advertising or promotional material including spam, chain letters and the like, is used to promote pyramid schemes; or

(ix) contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

6.2 You remain solely responsible and liable in respect of any User Content that you or any of your Account Holders may post. We reserve the right to remove any User Content that you or any other user posts at any time without notice to you. However, you acknowledge that we do not routinely pre-screen, monitor, check or review User Content.

6.3 If you believe that any User Content violates these Terms you may notify us. We reserve the right to remove any objectionable User Content and will endeavour to remove material that we deem objectionable within a reasonable time after considering whether it violates these Terms. Please bear in mind that removal is a manual process and may take some time to occur.

6.4 You must not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Service or Materials.

6.5 You must not do anything that would impose or may impose an unreasonable or disproportionately large load on the Service, nor do anything to circumvent or bypass any measures we may use to prevent or restrict access to the Service.

6.6 You must take your own precautions to ensure that the process which you employ for accessing this Service and any Materials do not expose your computer or other devices to the risk of viruses, malicious computer code or other forms of interference which may cause damage. We do not accept responsibility for any interference or damage to your own computer system or device which arises in connection with your use of this Service or any linked website.

6.7 You agree that you will comply with all laws that may apply to the use of this Service and Materials.

7. Intellectual Property

7.1 As a Subscriber you may access, read and use Materials an unlimited number of times for as long as you are a Subscriber. Your licence to use is subject to clause 2.1.

7.2 Copyright and all other intellectual property rights in the Service (including all Materials, text, graphics, animations, audio-visual materials, user interfaces, photographs, code, music and artwork) and the Service as a compilation are owned by us.

7.3 Copyright in Materials is either owned by us and in all other cases licensed (whether explicitly or implicitly) to us.

7.4 If and when you submit User Content you grant us a royalty free, perpetual licence to use, display, reproduce, communicate to the public that User Content. However, we shall not be obliged to use, display, retain or keep using, displaying or retaining any User Content so supplied. You warrant that User Content that you provide will not infringe any third party’s copyright, other intellectual property or other rights.

7.5 Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised under such legislation by these Terms, with our prior written permission or where you are the owner of copyright in the Materials in question, you may not in any form or by any means reproduce, copy, adapt, translate, store, distribute, re-distribute, purport to sub-license, on-sell, print, display in public, perform, communicate to the public or create derivative works from the Website, any Materials or any substantial part of either. You must not remove any proprietary notices or labels on any Materials. The Website, Service and Materials may not be distributed or mirrored to any other computer, server, website or other medium for publication or distribution. Materials are licensed for your own personal, non-commercial use only.

7.6 You may not, without our written permission, on-sell or license to others Materials or any information obtained from this Service, use any data mining robots or other extraction tools or metatag or mirror the Service without our prior written permission.

7.7 The brand "ATARNotes+" including any logo version of that trade mark, are our trade marks and may not be used by you without our prior written consent.

8. Disclaimers

8.1 We are constantly updating our offerings and Materials. The Materials available on our Service may inadvertently be described inaccurately, or unavailable, and we may experience delays in updating information on the Service.

8.2 In operating the Service and otherwise providing Materials to the extent permissible at law we disclaim any warranty that Materials or descriptions of Materials will be accurate, complete, reliable, current, useful or error-free. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. To the extent permissible at law the Website, the Service and all Materials are provided on an "as is" and "as available" basis, without warranties of any kind other than those prescribed under the Australian Consumer Law or other applicable law (if applicable) and we disclaim all other warranties including those regarding title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights.

8.3 We do not exercise editorial control over the content of Materials. Opinions, advice, representations and other information or content expressed or made available by third parties, including providers of content for Materials and other users, are those of their respective authors and not of InStudent Publishing Pty Ltd, its staff, or its related companies. To the extent permissible we disclaim all liability for any defamation or other conduct of Users in their use of the Service (including conduct in breach of clause 6.1.)

8.4 You have sole responsibility for adequate security protection and backup of data and/or equipment with your use of the Service and will not make a claim against us for lost data, work delays or lost profits resulting from the use of the Service.

8.5 While we use reasonable endeavours to preserve your annotations and notes, we disclaim any warranty that your notes and annotations will always be available or preserved, in the event, for example, of a server failure.

8.6 We do not make any representations or warranties that your access to the Service and materials will be uninterrupted, timely, secure or error free.

8.7 You accept that information or advice found or made available through this Service or Materials is general information and is not in the nature of advice and is not guaranteed to be error-free. You should make your own enquiries before relying on anything in this Service or Materials.

8.8 This Service and the Materials are not intended to replace regular class attendance or each individual’s own study note taking and production. They are intended to be used in conjunction with your own study note and directions from your teachers. They are not a substitute for full participation in other established educational programs. You are responsible for maintaining classroom attendance and good study habits and following the necessary syllabus. We do not represent or warrant that using the Service will lead to any particular study outcome or academic result or outcome and disclaim any warranty that the Service or any Materials can be relied upon.

8.9 Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law. Without limiting the foregoing, to the extent permissible at law we exclude liability and responsibility in respect of:

(a) any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers;

(b) bugs, viruses, trojan horses or other harmful code which may be transmitted to or through our Service by a third party; or

(c) any interruption or cessation of transmission from our Service.

8.10 To the extent permissible at law, in no circumstance will we be liable to you for any direct, indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity including educational opportunity) of any nature arising through or as a result of your use of the Service or any Materials or goods/services purchased through it.

9. Links and advertisements

9.1 The Website may contain links to other websites, including but not limited to those of third party supplier and providers ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

9.2 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated or implied to the contrary.

9.3 Responsibility for the content of any advertisements appearing on this Service rests solely with the advertisers. The placement of an advertisement does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisements.

10. Indemnity

10.1 You agree to fully indemnify and hold us (and our directors and officers) harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Service, the Materials and any breach of these Terms.

11. Breach / Termination / Suspension of Access

11.1 Your Account(s) may be terminated by us on written notice to you if you are in breach of these Terms and we have provided you with 14 days’ written notice to remedy that breach and you have not remedied the breach, or immediately if the breach is incapable of remedy.

11.2 You may terminate this agreement if we are in breach of these Terms and you have provided us with 14 days’ written notice to remedy that breach and we have not remedied the breach, or immediately if the breach is incapable of remedy.

11.3 Upon termination, for whatever reason, your right to use the Service (including any Materials) will immediately cease.

11.4 Without limiting any other remedy available to us at law or clause 11.1, if we reasonably consider that you have breached any of these Terms, we may take such action as we deem appropriate to deal with the perceived breach, including, but not limited to suspending your or any or all of your Accounts’ access to the Service and/or Materials, preventing computers using your/your Account Holders’ IP Addresses from accessing the Service and/or Materials, and contacting your internet service provider to request that your access to the Service be blocked.

11.5 Without limiting the foregoing, you acknowledge that we may terminate the operation (generally) of, and hence your access to, this Service (whether temporarily or permanently) at any time by us without notice. Except as required by law, we will not be liable to you for doing so.

11.6 Those of the Terms that are capable of surviving termination will survive any such termination.

12. Waiver, Severance and Assignment

12.1 Our failure to take action with respect to any breach by you or others does not waive our rights to take action with respect to subsequent or similar breaches.

12.2 If any part of these Terms are found to be void, unlawful or unenforceable then that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining provisions.

12.3 In the event that we merge, sell or otherwise change control of our business or company or this Service, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or User Content that you have provided to us. You agree that we shall have the right to assign, transfer or novate the rights that we have under these Terms.

13. Governing Law

13.1 These Terms are governed by the laws in force in Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and their Courts of Appeal.

13.2 The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms or part of them.

14. Amendments to Terms

14.1 No terms and conditions sought to be imposed by you shall bind us unless we agree to the same in writing.

14.2 We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon publication on this Service and will apply to all transactions occurring and agreements entered into following such publication. Your continued use of the Service following such notification will represent an agreement by you to be bound by the Terms as amended.

15. Definitions

In these Terms:

15.1 "Account" means an individual’s unique account enabling access to the Service granted as part of a Subscription;

15.2 "Account Holder" means an individual who holds an Account;

15.3 "Individual Subscriber" means a person who holds an Individual Subscription;

15.4 "Individual Subscription" means a subscription held by an individual for their own personal use (and excludes a School Subscriber);

15.5 "Materials" means any materials (including text guides, study guides, trial exams, topic tests, digital flash cards, content derived from our "AI Tutor" facility, articles, notes, books, electronic books, videos, audiovisual materials, newsletters and other content) provided / made available through the Service;

15.6 "School Subscriber" means a school or other educational institution that has a School Subscription;

15.7 "School Subscription" means a subscription to the Service entered into by a school or other educational institution, entitling the school to permit its enrolled students to have their own Account (the maximum number of Accounts corresponding with the number the school or other educational institution has purchased from us);

15.8 "Service" means the service of making available the Materials, and, unless the context requires otherwise, is a reference to the Website and its functionality;

15.9 "Subscriber" means a person who has a current Subscription;

15.10 "Subscription" means a subscription to the Service whether as a School Subscription or an Individual Subscription;

15.11 "User Content" means any user-generated or user-supplied content submitted to us or the Service (whether by you or others) and includes comments, feedback, posts, study notes, user profile information, usernames, and other text, data, files, images, photographs and audiovisual material in any format;

15.12 "We", "us" and "our" are references to InStudent Publishing Pty Ltd ACN 624 188 101, the operator of the Service;

15.13 "Website" means our website located at plus.atarnotes.com and unless the context requires otherwise includes any Materials and related goods and services; and

15.14 "You" and "your" are references to you in your capacity as one or more of a Subscriber, Account Holder, or visitor to the Website (as applicable).

Date of last update: August 2023