These Terms of Use apply to the use of the Platform of Notes Technologies (Pty) Ltd. Notes Technologies advises you to thoroughly read these Terms of Use in order to ensure that you are aware of your rights, and obligations during your period as a user of this platform. These Terms of Use, inter alia, describe the following traits of the relationship between you, notes technologies and other users:
1. Provision of data and creating a Profile (section 3);
2. The functionalities of the Platform (section 4,5 and 6);
3. The notice and takedown procedure (section 7);
4. The limitation of liability for Notes Technologies (Pty) Ltd (section 10).
1.1 Content: information uploaded on the klooless Platform by users [content users].
1.2 Intellectual Property Rights: rights including, but not limited to; copyright, trademark rights, patents, model rights, trade name rights, database rights and neighbouring rights as well as the rights to know-how and one-line performances.
1.3 Platform: the application [klooless] which is managed by Notes Technologies that offers you the possibility to download or upload Study notes then sell them and/or download them on subscription.
1.4 Profile: an individual section made and managed by users when they register on the Platform.
1.5 Notes technologies: is a company which offers an online platform that gives users the possibility to exchange Study Material among themselves, hereafter "Notes technologies".
1.6 This Platform is defined further in the Terms of Use. Notes Technologies is registered with the Companies and Intellectual Property Commission with 2019/414942/07 as its registration number.
2.1 These Terms of Use apply to the general usage of the platform
.2.2 Notes technologies is at all times entitled to amend or supplement these Terms of Use. The obligatory Terms of Use can be found on the Platform and will be carried to your attention when registering on the platform and creating a Profile. If you continue using the Platform even post the amendment and/supplementing thereof, you thereby conclusively accept the changed Terms of Use. If you do not agree with the amended or supplemented Terms of Use, you are allowed to launch an enquiry to the Notes Technologies Legal team. If the enquiry cannot be changed by the team, then you are allowed to discontinue your usage of the platform and terminate your registration. It is therefore the responsibility of each user to read, comprehensively, all these Terms of Use. If you don’t understand any section of these Terms of Use you are obliged to contact our helpline.
3.1 To use the Platform optimally, each user has to create a Profile in the way described on the Platform. Users are, therefore, supposed to guarantee [to Notes technologies] that the information provided upon creating the Profile is complete, true and accurate. When creating a Profile, a user must give a username and e-mail address and/or cell-phone numbers which will allow you to access the Platform and your Profile.
3.2 In the event that a user has not yet reached the age of sixteen (16), there is a consent need of their legal representative(s) (your guardian or (one of) your parents) before creating a Profile. By accepting these Terms of Use a user ascertains that they are, indeed, at least sixteen (16), or that they have obtained the consent of their legal representative(s) to create a Profile. Please note that this is because the South African Law does not allow for any person under the age of 16 [commonly referred to as a minor] to enter into any legal agreement without the consent of a guardian.
3.3 You [as a user] are responsible for the correctness and completeness of the information you have provided as well as the alteration of the information in the event that it is no longer accurate. You acknowledge and understand that the correctness and completeness of the information is important for the Platform to operate optimally.
3.4 The information you provide during the registration process will be stored in a databank and will be processed in accordance with the privacy statement.
3.5 You are responsible to keeping your login details privately. You are therefore liable for all the use made of the Platform through your username and password. Notes technologies can assume that you are indeed the person who has signed in with your username and password. As soon as you know or have reason to assume that your login details are known by an unauthorized person, you must inform Notes technologies of this, notwithstanding your own obligation to take immediate effective measures such closing your account/profile.
3.6 Notes technologies is at any time entitled to alter or shut down the Platform without becoming liable to you in any way. If you do not agree with the changes and/or amendments made by Notes technologies, your only remedy is to send recommendations and suggestions (which will be given priority of service) based on your user experience or cease the use of the Platform and to delete your Profile.
3.7 Notes technologies has the right to change the registration procedure and your user- name in the event that the company decides that this is in the best interests of the operation of the Platform. This will especially apply when other users find your username as offensive.
3.8 Notes technologies will not be held liable and accountable for any damages resulting from any unauthorized access and/or use of the Platform by third parties. Unless if it is a technical interference such as hacking of the platform.3.9 You acknowledge and agree that by creating a Profile you automatically grant Notes technologies a free of charge, unencumbered, worldwide, sub licensable, non-exclusive license to publish and reproduce certain personal data from your Profile, particularly your username and Profile picture, in the light of offering the platform, for instance for promotional purposes. This license ends automatically if you delete the Study Material and your Profile.3.10. Creating a profile allows you to, at the same time, download and upload unlimited notes given that the payment for subscription has been made.
4.1 You acknowledge and agree that Notes technologies only offers a Platform which allows you to exchange Study Material with other users, specifically those from your university and course. Notes technologies, therefore, accepts no liability whatsoever for the Study Material offered by you or other users by means of the Platform.
4.2 You acknowledge and accept that the Platform only includes the functionality and other characteristics as found in the Platform at the time it is being used. Notes technologies excludes particularly any explicit and tacit guarantees, undertakings and warranties of any nature whatsoever including, but not limited to, guarantees, undertakings and warranties with regard to the quality, safety, lawfulness, integrity and accuracy of the Platform, unless explicitly stated otherwise in these Terms of Use.
5.1 By means of the Platform you can upload Study Material. This Study Material can subsequently be downloaded (for offline use on the platform) by other users. Your Profile will state what Study Material you offer on the Platform.
5.2 The manner in which the Study Material can be uploaded to the Platform as well as the allowed format are stated on the Platform, through platform-features. You decide what Study Material is uploaded and in what manner you manage this Study Material. Notes technologies has no influence on or involvement with the Study Materials uploaded as well as the manner in which it is managed by you.
5.3 By a manner in which the business model of notes has been designed, there will currently be advertisements, of third parties, on the platform, until communicated otherwise by Notes Technologies.
5.4 It is the responsibility of each user to convert the documents into the required format, Portable Document Format (PDF).
5.5 When you upload the content on the Platform, you guarantee that:
• You are the full right holder with regard to the notes and you are allowed to upload it to the Platform and offer it to other users as your work;
• The Intellectual Property Rights, including the copyright, to the Study Material is vested in you or you have evident approval of the party in which the Intellectual Property Rights are vested to upload the Study Material to the Platform and to offer it to other users;
• You are exclusively responsible for all licenses and payment obligations to any third party relating to the uploading and use of the Study Material. The company, hereinafter referred to as Notes Technologies, therefore, advices all users to only uploaded notes that they have full ownership of. This notes should not be the exact information that someone else have ownership on.
5.6 All costs incurred and damages suffered by Notes technologies which are in any way related to the abovementioned claims will be remunerated by you.
6.1 By means of the Platform you can upload Study Material. Notes technologies will offer you an amount in exchange for these Study Materials. The amount will depend on several factors such as;
• Number of views on your specific chapter.
• A view is equal to 75% of the total pages of a specific chapter document.
• The number of reviews users give. Two stars and below will result in no compensation.
7.1 By using the Platform it is possible to download Study Material. It is necessary to have a Profile if you wish to download Study Material. The profile will show what Study Material you have downloaded.
7.2 If you create a Profile you have the possibility to rate the Study Material of other users in the manner stated on the Platform.
7.3 Downloading Study Material is unlimited given that the user has paid their monthly subscription fee.
8.1 In order to stop infringement of the rights of third parties as soon as possible, Notes technologies has developed a procedure for reporting infringing Study Material by means of a notice as soon as there is any claim of that sort from the third parties.
8.2 If you claim that certain Study Material infringes on your rights, you can report this alleged infringement to Notes technologies by filling in the contact form. We will examine the notice and, if possible and necessary, take the measures stated in this section.
8.3 The notice should include:
• The profile details of the writer and the title of notes that infringes your rights
• A statement that your rights have been infringed and why;
• Contact details which Notes technologies can use to contact you, such as your complete name, address, telephone number and email address;
• A statement supported by documentary evidence that the information in your notice is accurate and complete and - if it concerns the alleged infringement of Intellectual Property Rights - that you are the holder of the respective Intellectual Property Rights or that you are authorized to act on behalf of the holder; and
• A description of the work or works which have been allegedly infringed, with a specification of the precise nature of that alleged infringement.
8.4 Notes technologies reserves the right to forward the notice to the party responsible for the Study Material to which the notice refers
.8.5 In the event that it is evident from the notice that the Study Material the notice refers to is manifestly unlawful, Notes technologies will remove or block access to the Study Material and withdraw all payments in wait to the writer as well as ask for remuneration for those made to the writer.
8.6 Notes technologies reserves the right not to grant a request to remove or make inaccessible Study Material if it has well-founded reasons to doubt the accuracy of the notice or the lawful nature of the evidence submitted, or if the Study Material to which the notice refers do not appear to be manifestly unlawful. Within that scope Notes technologies may for instance require a judicial decision of a competent court in the country within which the notes have been drafted, whose decision demonstrates that the Study Material concerned is manifestly unlawful.
8.7 By issuing a notice you indemnify Notes technologies against any claim of third parties with regard to removing or making inaccessible the Study Material and/or the provision of the name, address and place of residence of the user who sent the notice. Such indemnification also covers all the damage that Notes technologies suffers and the costs it incurs in relation to such a claim, including - but not limited to - reimbursing the costs of legal assistance.
8.8 Notes technologies will not in any way whatsoever be a party to any dispute between the party that issued the notice and the other party.
9.1 Notes technologies is entitled to put the Platform (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay compensation to you, if in the opinion of Notes technologies this is necessary, for instance, in connection to the required maintenance of the Platform.
9.2 Notes technologies is entitled to make procedural and technical changes and/or amendments to the Platform without giving you prior notification.
9.3 Notes technologies does not guarantee that the Platform or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Platform can occur, as a result of failures in the internet or phone connection or by viruses or faults/defects. Notes technologies is not liable or obliged to the user to pay compensation in any way whatsoever for any damage resulting from or arising from the platform being (temporarily) unavailable.
10.1 The Intellectual Property Rights regarding the Platform, as well as all Content published on and/or transmitted by means of the Platform, with the exception of the Study Material, are vested in Notes technologies and/or its licensor(s).
10.2 Under the conditions stated in this Terms of Use, Notes technologies hereby grants you a limited, personal, revocable, non-exclusive, non-licensable, non-assignable right to use the Platform and the Content and view it in the manner and the format as used on the Platform.
10.3 You may not change, render illegible or remove any trademark or recognition signs affixed to the Website, the Content and/or any references to Intellectual Property Rights.
10.4 Nothing in these Terms of Use is construed to transfer any Intellectual Property Rights to you. You will refrain from any action which may infringe on the Intellectual Property Rights of Notes technologies.
10.5 Study Material offered on Notes technologies is only to be used as a study purposes. You are not permitted to submit Study Material found on Notes technologies as your own work if it is not, as this is in breach of copyright. This is also plagiarism and constitutes academic misconduct at all academic institutions.
11.1 Notes technologies will not accept any liability for damages as a result of offering you the Platform, an unlawful act or otherwise, other than as stipulated in this section.
11.2 In the event that Notes technologies is liable for any damages, whether caused by an attributable failure or an unlawful act, the extend of these harms is limited to the amount actually paid by Notes technologies’ insurance company. In the event that the insurance company does not pay anything, section 11.2, 11.3 and 11.4 apply.
11.3 Direct damages shall exclusively apply to:
• Material damage to goods;
• All reasonable costs incurred by you in order to prevent or limit any direct damages as meant in this paragraph;
• Reasonable costs incurred while determining the cause of damage, liability, direct damage and the method of recovery.
11.4 In using the platform you guarantee that you have comprehensively read the rules, regulations and provisions governing your university and that you are allowed to use the services offered by Notes technologies. Notes technologies accepts no liability or responsibility for your decision to use the Platform, should this decision be against your university's regulations or provisions regarding academic work.
11.1 Notes technologies will not accept any liability for damages as a result of offering you the Platform, an unlawful act or otherwise, other than as stipulated in this section.
11.2 In the event that Notes technologies is liable for any damages, whether caused by an attributable failure or an unlawful act, the extend of these harms is limited to the amount actually paid by Notes technologies’ insurance company. In the event that the insurance company does not pay anything, section 11.2, 11.3 and 11.4 apply.
11.3 Direct damages shall exclusively apply to:
• Material damage to goods;
• All reasonable costs incurred by you in order to prevent or limit any direct damages as meant in this paragraph;
• Reasonable costs incurred while determining the cause of damage, liability, direct damage and the method of recovery.
11.4 In using the platform you guarantee that you have comprehensively read the rules, regulations and provisions governing your university and that you are allowed to use the services offered by Notes technologies. Notes technologies accepts no liability or responsibility for your decision to use the Platform, should this decision be against your university's regulations or provisions regarding academic work.
12.1 You are entitled to terminate the agreement at any time by discontinuing the use of the Platform and deleting your Profile.
12.2 In addition to the other remedies or means available to Notes technologies, Notes technologies make decisions at its own discretion at all times, without becoming liable to you. Notes technologies is entitled to (temporarily) restrict or suspend your activities in connection with the Platform and/or to delete your Profile in the event you violate these Terms of Use.
13.1 All users (both the content readers and writers) are bound to pay subscription fee of R30 (subject to change based on the country of the user) for unlimited usage of the platform this price excludes VAT.
13.2 The subscription prices are subject to change at any time. These changes will be relayed through a 30 days notice by the company to all the users.
13.3 The subscription is auto-renewing on a month-to-month basis.
13.4 You can cancel the subscription at any time. Your subscription can also be paused (unavailable for Paystack).
13.5 Notes Technologies only supports the following payment methods:
• iOS users can only use their iTunes account to pay and manage their subscriptions.
• Android users can only use their Google Account to pay and manage their subscriptions.
• Web users can only use Paystack to pay and manage their subscriptions.
• If you switch devices, you will continue using the initially selected payment method, for instance moving from iOS to Android, you will still use your iTunes account to pay for your subscription unless you cancel and start a new one.
• We do not store any of your billing information. We only store the metadata given by iTunes, Google Play and Paystack.
14.1 Notes Technologies relies on Firebase, Google Cloud, Algolia, Paystack, Appodeal, Mixpanel, WonderPush, SendGrid, MoEngage, RevenueCat and iTunes to deliver the features provided by our platform.
14.2 These third-party services have their own terms of service and privacy policies by agreeing to the notes terms, you also agree to theirs.
14.3 Links to third-party terms:
Last updated: 16 November 2020, 15h00 SAST