Terms and Conditions – Passing Notes Pty Ltd

The information and services on this Website (www.passingnotes.com.au) is provided by Passing Notes Pty Ltd ACN 137 855 577 of PO Box 36, Frenchs Forest, NSW 1640  (“Passing Notes”) and its contracted authors.
 
Use of this Website

Use of this Website is restricted to registered users and is subject to the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website and Passing Notes’ Privacy Policy (known collectively as "Terms of Use").      Please click here to read the Privacy Policy.

Before registering to use this Website, you should read these Terms of Use carefully.   You will be deemed to have read and accepted these Terms of Use if you complete and submit an application for registration to use the Website.
 
The membership fees for using this Website are:

Subscription type Period of subscription Rate Total cost incl GST
Individual 6 months $10 per month plus GST $66 Total
Individual 12 months 12th month free $121 Total
School 6 months $25 per month plus GST $165 Total
School 12 months 12th month free $302.50 Total

These fees are payable in advance. Only members are given full access to the member's area of the site and all downloadable files therein.  

If you want to apply to become a registered user of this Website, then you need to complete the registration form .  To become a member, you will need to pay the User Fees.  You will become a subscribed user of the Website and be entitled to use this Website once Passing Notes accepts your membership application and processes your payment.  Passing Notes has the absolute discretion to accept or reject any registration form submitted by a proposed user or require further information prior to processing a registration form.   

Ending your registration

Passing Notes may end your registration to use this Website and cancel your user name and password if:

(a) you do not pay your User Fees when requested to do so; or
(b) Passing Notes discovers or reasonably believes that any information you provided on your registration form is inaccurate or incomplete; or
(c) Passing Notes reasonably believes that you have breached any of the Terms of Use.  

Passing Notes will try to notify you prior to cancelling your user name and password, but is not required to do so.  Passing Notes will not be required to refund any User Fees you have paid if your registration is cancelled for any of these reasons.

Passing Notes may also end your registration to use this Website if Passing Notes decides to stop operating the Website or substantially change the Website.   In this case, Passing Notes will try to give you at least 14 days notice and will refund any User Fees you have paid for the period from the date your registration ends.

You may decide to end your registration to use this Website at any time.   Passing Notes will not be required to refund any User Fees you have paid if you end your registration before the end of your subscription.

Once you stop being a registered user of the Website, you will not be permitted to access the Website.  You may continue to use material that you have already downloaded from the Website for your current students or studies, but you will not be permitted to redistribute those materials and these Terms of Use will continue to apply to those materials.   

Educational resources on this Website

The aim of this Website is to provide educational resources for teachers and students.

Material posted on this Website is created by Passing Notes or by its contracted authors and Passing Notes endeavours to ensure that the resources on this Website are valuable to teachers and students.  However, Passing Notes and its contracted authors do not give any warranties about:

(a)  the effectiveness of any material on this Website as an educational tool;
(b) The accuracy or completeness of any of the material on this Website; or
(c) the compliance of any material on this Website with the curriculum requirements in your State or Territory,

and Passing Notes will not be liable for any errors, omissions or incorrect conclusions that you may draw from the material on this Website.   

Passing Notes welcomes comments from its registered users and will try to fix any errors in any of the materials once they are identified.   

Permitted uses of material on this Website

Material on this Website is owned by either Passing Notes or its contracted authors and Passing Notes will identify the copyright owner of each worksheet or resource (“Work”) on the Website.   You will not acquire any ownership rights in the Works on this Website by becoming a registered user.

While you are a registered user of this Website, you may:

(a) download and view Works on your computer screen;
(b) Save Works in electronic form on to your computer or on to any electronic storage device; and
(c) Print Works,

for your own use, use by your students at school and, if you have an individual subscription to this Website, for any students you tutor privately.

You must not:

(d) Display, copy, save or print any of the Works for anyone other than yourself or your own students;
(e) Supply any of the Works to anyone other than your own students;
(f) Modify any of the Works or remove the copyright or trade mark notices from any of the Works;
(g) Commercially exploit any of the Works;
(h) Allow or enable anyone else to do any of these things.

These restrictions will continue to apply to your use of the Works after you stop being a registered user of the Website.

Feedback and comments

Passing Notes welcomes feedback on its Website and this Website may contain a facility for registered users to post comments.   You must not post any comments or material that:

(a) are unlawful, abusive, defamatory, obscene, pornographic or use inappropriate language;
(b) violate or infringe upon the privacy or intellectual property rights of anyone else; 
(c) constitute, or encourage anyone to commit, a criminal offence;
(d) contain a virus or other harmful component; or
(e) constitute advertising or promotional material.   

Passing Notes may monitor and review any comments that are posted on the Website and reserves the right to remove or amend any comments and refuse to post comments.  If any unlawful comments or materials are posted on the Website, then Passing Notes will cooperate with law enforcement agencies and may disclose the identity of any registered user involved in posting those comments or materials.  

Hyperlinks

This Website may contain hyperlinks and references to websites operated by third parties where Passing Notes believes the content on the linked websites may be of interest to registered users of this Website. While Passing Notes endeavours to review the suitability of linked websites prior to establishing a hyperlink, the third party websites are not under Passing Notes’ control and may change at any time.  Passing Notes is not responsible for the content of any third party website or any hyperlink contained in any third party website. The existence of a hyperlink on this Website does not imply any endorsement of the linked website by Passing Notes. If you link to any such website, then you do so at your own risk.

Please let us know if you believe that the content of any linked website is inappropriate.

Availability of this Website

Passing Notes aims to operate this Website at all times, with the exception of maintenance and upgrades.  However, there may be times when this Website is unavailable and Passing Notes may need to suspend access without notice.  Passing Notes will not be liable to you if this Website is unavailable at any time or for any reason.

Limitation of Liability

Passing Notes will not be liable for any loss or damage which arises from your or your students’ use or inability to use this Website or any material contained in this Website.

You have rights under the Trade Practices Act and similar State and Territory legislation in Australia which cannot be excluded, restricted or modified ("Non-Excludable Rights"). In these Terms of Use, Passing Notes does not exclude any Non-Excludable Rights, but does exclude all other conditions and warranties implied by custom, law or statute.
 
Except as provided for by the Non-Excludable Rights, all goods and services on this Website are provided "as is" and without warranties of any kind, either express or implied and Passing Notes and its contracted authors expressly disclaim all warranties of any kind.  Passing Notes does not warrant that any of the functions contained on this Website or your access to this Website will be uninterrupted or error-free, that any defects will be corrected or that this Website, the server on which this Website is stored or any software available for downloading on this Website are free of viruses or any other harmful components,
 
Under no circumstances will Passing Notes, or its contracted authors, be liable to you or any of your students for any loss of profits or any indirect, incidental, special and/or consequential damages whatsoever which result from any use of or access to, or any inability to use or access, this Website or anything contained on or missing from this Website.
 
Transfer of rights and obligations

Passing Notes may assign its rights and obligations under its contract with you as a registered user.  This will not affect your rights and obligations relating to the Website.  You may not assign your rights and obligations as a registered user to anyone else.

Changes to these Terms of Use

Passing Notes may update or amend our Privacy Policy at any time and will post the revised policy on the Website.   Any revisions to the Privacy Policy will automatically become part of the Terms of Use without the need to notify you of the change.

If Passing Notes wants to make any other changes to the Terms of Use, then they will be posted on the Website, but will not form part of the Terms of Use with a registered user until the registered user renews their subscription to this Website.  By applying to renew your subscription, you will be deemed to have accepted the Terms of Use published on the Website as at the date your application for renewal of your subscription is submitted to Passing Notes.

Governing Law

If you register to use this Website, then your agreement with us will be governed by and construed in accordance with the laws of New South Wales, Australia.   You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.