CaseNoter Application (App) Terms of Service

  1. About the Application
    1. Welcome to the CaseNoter App (the “Application”). 
    2. The Application provides you with an opportunity to purchase the CaseNoter Application. 
    3. The Application provides this service by way of granting you access to the content on the Application (the ‘Purchase Services‘).
    4. The Application is operated by CaseNoter Pty Ltd PTY. LTD. (ABN 70 625 235 403). 
    5. Access to and use of the Application is provided by CaseNoter Pty Ltd.
    6. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms.
    7. If you do not agree with the Terms, you must cease usage of the Application, or any of its Purchase Services, immediately.
    8. CaseNoter Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When CaseNoter Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
    9. Before you continue, we recommend you keep a copy of the Terms for your records.
  2. Acceptance of the Terms
    1. You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by CaseNoter Pty Ltd in the user interface.
  3. Registration to use the Purchase Services
    1. In order to access the Purchase Services, you must first register as a user of the Application. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details).
    2. You warrant that any information you give to CaseNoter Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
    3. Once you have completed the registration process, you will be a registered member of the Application (‘Member ‘) and agree to be bound by the Terms.
    4. As a Member you will be granted immediate access to the Purchase Services.
    5. You may not use the Purchase Services and may not accept the Terms if:
      • you are not of legal age to form a binding contract with CaseNoter Pty Ltd; or
      • you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
  4. Your obligations as a Member
    1. As a Member, you agree to comply with the following:
      • You will use the Purchase Services only for purposes that are permitted by:
        • the Terms;
        • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
      • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify CaseNoter Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      • access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of CaseNoter Pty Ltd providing the Purchase Services;
      • you will not use the Purchase Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
      • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by CaseNoter Pty Ltd for any illegal or unauthorised use of the Application; and
      • you acknowledge and agree that any automated use of the Application or its Purchase Services is prohibited.
  5. Delivery Policy for the Purchase of the Application 
    1. In using the Purchase Services through the Application, you will agree to the payment of the subscription fee listed on the CaseNoter Website (the ‘Subscription Fee‘).
    2. Payment of the Subscription Fee may be made through a third party provider (the ‘Payment Gateway Provider’)
      • Stripe
      • Apple App Store
      • Microsoft Store
    3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.
    4. Following payment of the Subscription Fee being confirmed by CaseNoter Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and CaseNoter Pty Ltd may record your purchase details for future use.
    5. All subscriptions, both month-to-month and annual plans, are recurring and will automatically renew after the end of each paid subscription period.
    6. CaseNoter Membership subscriptions include a one (1) month free trial. After one (1) month, the chosen CaseNote Subscription Fee chosen by the Guest Member is billed in advance on a monthly or annual basis in accordance with whichever plan the Guest Member has chosen.
    7. CaseNoter Guest Membership subscriptions are for a period of 6 months. After six(6) months, the chosen CaseNote Subscription Fee chosen by the Guest Member is billed in advance on a monthly or annual basis in accordance with whichever plan the Guest Member has chosen.
  6. Cancellation Policy.
    1. You acknowledge that all subscription fees are charged automatically on a recurring basis in accordance with whichever plan you have chosen until you cancel your channel subscription (both month-to-month and annual plans).
    2. You may cancel your subscription by logging into your CaseNoter Account and going to the applicable channel or billing page, clicking settings, and choosing the “Change” or “Cancel” options under subscription and billing.
    3. You are solely responsible for canceling your account. You can contact support if you are having difficulty or need help.
  7. Refund Policy 
    1. Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
    2. CaseNoter does not offer prorated refunds for cancelled subscription plans. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. 
    3. Australian Consumer Law
      • We offer refunds in accordance with the Australian Consumer Law and on the terms set out in this Refund Policy (“Policy”).
      • The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.
      • Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.
      • Under the Australian Consumer Law:
        • Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value.
        • You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
      • If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
      • Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
    4. Cancellation and Change of Mind
      • In the event that you receive the CaseNoter Application but that you simply change your mind, we will offer you a refund, provided that you notify CaseNoter of your decision to cancel the CaseNoter App within 7 days of your purchase of the App.
      • Response Time
        • We aim to process any requests for refunds within 14 days of receipt of your request.
  8. Warranty
    1. CaseNoter comes with guarantees that cannot be excluded under the Australian Consumer Law. (the ‘Warranty ‘).
  9. Copyright and Intellectual Property
    1. The Application, the Purchase Services and all of the related products of CaseNoter Pty Ltd are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties.
    2. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Application (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by CaseNoter Pty Ltd.
    3. CaseNoter Pty Ltd retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer to you:
      • the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of CaseNoter Pty Ltd; or
      • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
      • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
      • Any copyright in the Content which you have contributed to the Application.
    4. You may not, without the prior written permission of CaseNoter Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. 
    5. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
  10. Privacy
    1. CaseNoter Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to CaseNoter Pty Ltd’s Privacy Policy, which is available on the CaseNoter Website.
  11. General Disclaimer
    1. You acknowledge that CaseNoter Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Product Services or the Application other than provided for pursuant to these Terms.
    2. CaseNoter Pty Ltd will make every effort to ensure a Product Services and the Application is accurately depicted on the Application.
    3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    4. Subject to this clause, and to the extent permitted by law:
      • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
      • CaseNoter Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    5. Use of the Application, the Purchase Services, and any of the products of CaseNoter Pty Ltd is at your own risk. 
    6. Everything on the Application, the Purchase Services, and the Products of CaseNoter Pty Ltd, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of CaseNoter Pty Ltd make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of CaseNoter Pty Ltd) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      • the accuracy, suitability or currency of any information on the Application, the Purchase Service, or any of its Content related products (including third party material on the Application);
      • costs incurred as a result of you using the Application, the Purchase Services or any of the Products;
      • the Content or operation in respect to links which are provided for the User’s convenience;
      • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or
      • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
  12. Competitors
    1. If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of CaseNoter Pty Ltd. 
    2. Competitors are not permitted to use or access any information or content on our Application. 
    3. If you breach this provision, CaseNoter Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
  13. Limitation of Liability
    1. CaseNoter Pty Ltd’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of CaseNoter Pty Ltd is the resupply of information or Purchase Services to you.
    2. You expressly understand and agree that CaseNoter Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    3. CaseNoter Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Application or in connection with the Purchase Services, whether posted or caused by users of the Application of CaseNoter Pty Ltd, by third parties or by any of the Purchase Services offered by CaseNoter Pty Ltd.
  14. Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by CaseNoter Pty Ltd as set out below.
    2. If you want to terminate the Terms, you may do so by:
      • notifying CaseNoter Pty Ltd at any time; and
      • closing your accounts for all of the Purchase Services which you use, where CaseNoter Pty Ltd has made this option available to you.
    3. Your notice should be sent, in writing, to CaseNoter Pty Ltd at support@casenoter.com.
    4. CaseNoter Pty Ltd may at any time, terminate the Terms with you if:
      • you have breached any provision of the Terms or intend to breach any provision;
      • CaseNoter Pty Ltd is required to do so by law;
      • the partner with whom CaseNoter Pty Ltd offered the Purchase Services to you has terminated its relationship with CaseNoter Pty Ltd or ceased to offer the Purchase Services to you;
      • CaseNoter Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
      • the provision of the Purchase Services to you by CaseNoter Pty Ltd is, in the opinion of CaseNoter Pty Ltd, no longer commercially viable.
    5. Subject to local applicable laws, CaseNoter Pty Ltd reserves the right to discontinue or cancel your membership to the Application at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts CaseNoter Pty Ltd’s name or reputation or violates the rights of those of another party.
    6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and CaseNoter Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
  15. Indemnity
    1. You agree to indemnify CaseNoter Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Application;
      • any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so and any breach by you or your agents of these Terms; and/or
      • any breach of the Terms.
  16. Dispute Resolution
    1. Compulsory:
      • If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice:
      • A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution:
      • On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
        • Within 90 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
        • If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the NSW Law Society or his or her nominee;
      • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      • The mediation will be held in Sydney, Australia.
    4. Confidential:
      • All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
    5. Termination of Mediation:
      • If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  17. Venue and Jurisdiction
    1. The Purchase Services offered by CaseNoter Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
  18. Governing Law
    1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
  19. Independent Legal Advice
    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  20. Severance
    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Date: 1 February 2021