Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.
In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires:
"Account" means an account created by a User on the Mobile Application as part of Registration.
"Notary Public Global APP ("NPG APP")" means the aplication developed by Notary Public Global Pty Ltd (“NPG”) A.C.N. 631 187 383 and can be downloaded from Apple Store or Google Player.
"Register" means to create an Account on the Mobile Application and "Registration" means the act of creating such an Account.
"Services" means all the services provided by each registered Notary Public via this Notary Public APP to Users, and "Service" means any one of the Services.
"Users" means users of NPG APP, including each Notary Public, each client, you or any one of them who registered in NPG APP.
You must be at least 18 years of age.
NPG hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App are reserved by NPG.
In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.
By using the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction in which you reside; (6) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the App for any illegal or unauthorized purpose; and (8) your use of the App will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
You may be required to register with the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You agree to provide us with valid and updated credit card information in order to access our paid services. If you provide credit card information to us, you authorise us to charge such credit card for all paid services at the rates indicated in the [list of services with prices on App home page]. Such charges will be made at time of service, and will be paid through our designated third-party payments processor. By registering with the App and using services provided through the App, you authorise our designated third-party payments provider to collect and administer payment.
If you use (or anyone other than you, with your permission uses) the Mobile Application, and there are any Services in contravention of these Terms and Conditions of Use, we may immediately suspend your use of the Services and/or Mobile Application without notice.
If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
Without limitation to anything else in these Terms, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if:
Our rights under these Terms shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to suspension.
The name of Notary Public Global Pty Ltd (“NPG”) and its logo, and other NPG trademarks, service marks, layout design, colour scheme, content, pictures, graphics and logos used in connection with the App are trademarks of NPG (collectively “NPG Intellectual Property”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The NPG Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of NPG or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to NPG and its licensees.
You agree not to use the App in any way that: is unlawful, illegal or unauthorised; is defamatory of any other person; is obscene or offensive; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right or trade mark of any other person; is likely to harass, upset, embarrass, alarm or annoy any other person; is likely to disrupt our service in any way; or advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You agree to indemnify NPG for any breach of these App Terms. NPG reserves the right to control the defence and settlement of any third party claim for which you indemnify NPG under these App Terms and you will assist us in exercising such rights.
NPG provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, NPG does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content.
To the fullest extent permitted by applicable law, NPG hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.
The App is intended to provide a platform for exchange of services only and, as such, should not be considered as a substitute for advice covering any specific situation. Any representations made by those presenting themselves as notaries-public via the App are made by the purported notary only, and NPG does not guarantee the accuracy of any information so-provided except to the degree required by law. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App.
By signing up with the NPG as a Notary Public User, you undertake that you are currently under the professional indemnity insurance to cover the risk of your service to the public and you hold the current qualified certificate. You will update and upload your current certificate from time to time following your registration as the user of the App.
As a Notary Public User, you agree that by using NPG APP to provide service to the public, you are obliged to pay a service fees to NPG at the rate of 10% plus GST of your service charge on a case by case service. However, NPG agrees that your service fees to NPG is capped to $1,200.00 plus GST in any calender year.
To the maximum extent permitted by law, NPG and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
To the maximum extent permitted by law, NPG and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the NPG's sole discretion):
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
You agree that your use of this site is at your own discretion and risk. You agree to release NPG and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. NPG may plead this release as a bar and complete defence to any claims or proceedings.
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, NPG excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of NPG, and NPG shall be entitled to a reasonable extension of time for the performance of such obligations.
When you use our Services, you provide us with things like your files which may include your personal information, personal contacts and so on. You will retain all rights and ownership in all these contents. NPG does not claim any ownership rights in your content.
Even though we don’t claim ownership of your content, we do need certain licenses to your content in order to operate and enable the services of notary public. When you upload or submit content onto the App platform, you grant NPG (and our registered Notary Public users and other licensors that may apply) a worldwide license to communicate, download, distribute or any other derivative works. The license granted by you is solely for assisting the delivery of Services.
We also retain the right to filter content to ensure compliance with legal obligations. NPG may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, NPG otherwise has no obligation to monitor or review any content submitted to the Services.
After the booking is confirmed upon payment, the client user may choose to cancel the booking given it is not within 24hours before the scheduled appointment, otherwise NPG will charge 2% administration fees for such urgent cancellation.
These App Terms shall be governed by the laws of New South Wales, and the Commonwealth of Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales to resolve any dispute between them arising under or in connection with these App Terms.
If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.