Terms of Use

Read our terms and conditions to understand the guidelines and rules governing the use of our services and website.

1. Definitions

The following definitions apply throughout these Terms. Words in the singular include the plural, and vice versa:

“Customer”: Any individual or entity that accesses the Website (notably.com or notably.com.au), uses the Platform, or engages with Notarily’s Services in any capacity.

“Content”: Information provided to us to enable access to the Platform, deliver Services, or fulfil our obligations under these Terms. This includes, but is not limited to, the following: name, identification documents, billing address, taxpayer identification number, email address, and contact details.

“DFAT” Department of Foreign Affairs and Trade, Australia

“Legalisation”: The process of obtaining either an apostille or authentication from the Department of Foreign Affairs and Trade (DFAT), or consular attestation of a document in Australia.

“Platform”: The software systems, programs, communication and network infrastructure, and related hardware and equipment provided or managed by Notarily or its service providers to facilitate the Services.

“Website” means notarily.com or notarily.com.au.

2. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to review these Terms periodically. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes.

3. Who We Are

These Terms form a legally binding agreement between Notarily Pty Ltd (“Notarily,” “we,” “us,” or “our”) and all Customers (“you,” “your,” or “Customer”). Each individual or entity using our Services is a “Party,” and collectively, the “Parties.”

Notarily Pty Ltd is a privately owned Australian company operating as “Notarily” with its registered office at:

Corporate Centre One
Level 15, 2 Corporate Court
Bundall, Queensland 4217, Australia

We are a service provider of Legalisation services. Notarily does not provide financial, legal or taxation advice and is not a law firm. We work with a third-party Australian Notary Public, who provides notarial services independently from us. If you are unsure whether our Services meet your needs, we recommend consulting with a qualified lawyer.

All information provided via the Platform and our Website is general and used at your own risk.

4. Eligibility

You must be at least 18 years old to access and use our Platform and Services. Notarily reserves the right to restrict or terminate your access without notice if we believe you are under 18 or otherwise ineligible.

5. Notarily as Your Agent

By engaging our Services, you authorise Notarily to act as your agent for obtaining:

Company documents from the Australian Securities and Investments Commission (ASIC)
Australian Court-issued documents
Notarial services from a Notary Public
Apostilles or authentications from DFAT
Attestation services from Embassies in Australia
Obtaining information about you to provide the Services to you or to the Notary
Contacting and obtaining information from educational institutions

You also authorise Notarily to share any necessary documentation or personal information to facilitate the Services provided to you.

6. Termination

Notarily, we may terminate these Terms immediately and retain any fees already paid if you violate any provision of these Terms. Additionally, Notarily may terminate the Agreement if it reasonably believes that continued service would violate applicable law.

Upon termination:

All access to the Platform and Services, including any active Subscription Plan, will immediately cease.
Any outstanding amounts owed to Notarily will become immediately due and payable.

7. Limitation of Liability

In no event shall Notarily Pty Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; and/or (v) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

8. Governing Law

The laws of Queensland, Australia, govern these Terms. Both parties submit to the exclusive jurisdiction of the courts of Queensland, Australia, and the courts of appeal of those courts.

9. Identity Verification and Authorisation Requirements

As part of providing our Services, we will verify your identity. All new Customers must submit the following documentation:

Photographic Identification: A valid passport, driver’s licence, or national identity card.

Depending on the specific Services requested, additional verification checks and documentation may be required.

Acting on Behalf of a Company
If you are acting on behalf of a company, you must provide evidence of your authority to do so. This may include (but is not limited to):

Constitutional documents (e.g., Articles of Association)
An official company extract listing directors or shareholders
A Board resolution
Minutes of a company meeting
A valid Power of Attorney

If further documentation is necessary, you will be notified during the booking process.

Third-Party Identity Verification

Our identity verification process may include:

Knowledge-based authentication (e.g., answering security questions)
Biometric checks (e.g., liveness detection)
Analysis of identification documents

In some jurisdictions, biometric data may be collected during this process.

We may engage third-party service providers to perform these checks. Our Privacy Policy and the privacy policies of these providers govern the collection and handling of your data during the verification process.

Liability Disclaimer
Notarily is not responsible for the methods, processes, or accuracy of information used by third-party verification providers. You acknowledge that verification results may be based on outdated or incorrect information. We are not liable if:

Identity verification fails, or
You are unable to proceed with our Services due to verification failure.

10. DFAT Express Service

We offer an expedited DFAT legalisation service with a target completion time of 1–7 business days (Monday to Friday, excluding Queensland public holidays). If delays occur, we will inform you as soon as we become aware.

11. Consular

We facilitate consular legalisation through select consulates in Australia, where such services are available.

We will advise you of:

The legalisation process
Estimated timeframes
Any specific consulate requirements
Applicable fees

Please Note:

Consular fees and processing times can vary and may change without prior notice.
If fees exceed the initial quote, we will seek your approval before proceeding.

All document submissions and collections are performed by Notarily staff.

While we make every effort to carry out your instructions, we cannot be held liable for the actions or omissions of third parties, including the Department of Foreign Affairs and Trade (DFAT), consulates, or other government bodies.

12. Fees and Payments

Before we begin any work, you will receive a full cost breakdown that includes:

Notarily’s service fees
The Notary’s professional fees
Goods and Services Tax (GST), where applicable
Disbursements (additional expenses related to your Services)

You agree that Notarily may charge your selected and approved payment method (“Your Account”) for all amounts due. Payments must be made without deductions, unless required by law.

You agree to pay all applicable fees and charges in accordance with our current billing terms. A valid credit card must be linked to your account. We accept payments through a third-party gateway and do not store your credit card details.

You also agree to update your payment information promptly and ensure sufficient funds are available. We reserve the right to change prices and billing methods at any time.

If your payment fails:
We may retry the transaction or temporarily lock your account. You will have five (5) calendar days to resolve any payment issues.

Note:
Notarily collects notarial fees on behalf of the Notary.

Invoicing

You will receive an invoice for Services..

Any questions or concerns about the invoice should be raised immediately upon receipt.

Pricing Changes

Service prices may change over time. We will notify you beforehand and offer the option to cancel your instructions before any new prices take effect.

If we are unable to collect payment from your account, we may pursue alternative recovery methods. You agree to cover all related costs, including:

Debt recovery agency fees
Legal costs
Court filing or enforcement fees

Non-Chargeable Transactions

You will not be charged if:

Your identity cannot be verified
You choose not to or cannot complete the necessary notarisation steps
The Notary declines to proceed, at their sole discretion

Refund Policy

We do not offer refunds once we receive your instructions via the Platform or email. If you request cancellation during an ongoing instruction:

A cancellation fee of 50% of our invoice will be charged.

You will also be responsible for any disbursements incurred before cancellation

13. System Requirements

Your access to the Platform depends on the performance of your device, software compatibility, and network connectivity. We recommend using a high-speed internet connection for optimal performance.

You acknowledge that meeting these system requirements is your responsibility, and these requirements are subject to change.

14. Restrictions on Use

You agree to use the Platform and Services only as permitted by these Terms. Use of the Platform where prohibited by law is strictly forbidden.

You must not:

Reproduce, duplicate, copy, sell, resell, or exploit any part of the Platform or its content (including HTML, CSS, or visual elements)
Modify, decompile, disassemble, reverse-engineer, or create derivative works from the Platform or its source code.
Interfere with or disrupt Notarily’s systems, networks, or other Customers’ accounts
Bypass or breach any security measures or access the Platform using credentials other than your own
Engage in illegal, fraudulent, misleading, or harmful activities using the Platform
Transmit infringing or private materials that violate others’ intellectual property or privacy rights
Copy or benchmark the Platform to develop a competing product or service
Distribute spam, malware, or malicious content via the Platform
Allow minors or persons without legal capacity to use the Platform
Provide or sublicense Platform access to third parties
Display, publish, or distribute Platform content or Services on any website without prior written approval
Sell, resell, rent, lease, distribute, sublicense, or share access to the Services.
Use the Services for benchmarking or competitive analysis.
Develop or operate any product or service that competes with Notarily.
Permit any direct competitor of Notarily to access your account.
Copy, distribute, or disclose any part of the Services through any medium, including automated or manual “scraping.”
Send spam or unsolicited emails.
Attempt to interfere with, compromise, or decipher transmissions to or from our servers.
Impose, or attempt to impose, an unreasonable or disproportionate load on our infrastructure.
Upload viruses, worms, or other malicious software.
Collect personally identifiable information, including account names, from the Services.
Use the Services for any commercial solicitation.
Impersonate others, misrepresent your affiliation, engage in fraudulent activities, or hide your identity.
Interfere with the proper operation of the Services.
Access content through means other than those provided or authorised by us.
Bypass measures we use to restrict or prevent access, including security features that limit use or copying of content.

15. Customer Accounts

To access the Platform, you must create a Customer account by following the instructions provided in the Booking Form and Platform guidelines.

Each account must be associated with a unique email address.
You may not create multiple accounts or use another individual’s account.
If you choose not to complete the registration process, any data you entered will not be retained.

Your Responsibilities:

Provide accurate and complete information during account registration.
Keep your account details up to date and accurate.
Maintain the confidentiality of your login credentials.

You are solely responsible for all activities conducted under your account credentials. Notarily, does not verify the identity of individuals using your account.

If you suspect or become aware of a security breach, including unauthorised use of your account, you must notify Notarily immediately.

Notarily may disable your account or take other actions to protect the Platform, including suspending or terminating access if you breach these Terms or allow unauthorised use.

Notarily is not liable for any losses resulting from unauthorised access or use of your account credentials.

License Grant
Upon your acceptance of these Terms, Notarily grants you a limited, non-exclusive, non-transferable license to access and use the Platform solely for your internal business purposes and by these Terms.

Restrictions
If you are a direct competitor of Notarily, you are not permitted to access or use the Services.

Declaration
You confirm that all information and documents you provide are true and correct. You acknowledge that providing false documents is a criminal offence.

Content

You are responsible for any Content that you upload, transmit, display, or otherwise use on the Platform or through our Services. This includes ensuring compliance with all applicable laws, including:

Obtaining consent from third parties before uploading their data
Providing proper notice regarding third-party rights

You represent and warrant that you have the necessary rights and permissions to upload and use such consent, and that it does not infringe upon third-party rights.

Notarily shall not be liable for:

Content transmitted or viewed on the Platform
Errors, omissions, or damages related to such Content
Loss or damage resulting from access to, use of, or inability to access Content

License to Use Content

Subject to these Terms, you grant Notarily a non-exclusive, worldwide license to use and disclose your Content as necessary to provide the Services, including the right to:

Copy, store, publish, adapt, edit, and translate Content to operate the Platform
Share data with service providers (e.g., identity verification providers or Notaries)
Grant access to other third parties involved in the Services
Record data related to Customer accounts and transactions
Display or transmit data to participants or authorised third parties as required
Comply with applicable notarial journal, recordkeeping, and retention laws
Respond to lawful requests from law enforcement or regulatory authorities
Fulfil obligations and exercise rights under these Terms
Comply with requests from Australian state or federal regulators
Enable third parties to manage or process the transaction as necessary

Data Management and Ownership

Notarily reserves the right to delete any Content without notice if it violates these Terms or applicable law.

You retain all intellectual property rights, including copyright, in the content that you submit or display via the Platform.

Notarily may collect, analyse, and use de-identified, aggregated data related to your use of the Platform to improve our Services and operations. Further details about how personal data is handled can be found in our Privacy Policy.

Monitoring and Enforcement

Notarily is not obligated to monitor Customer activity or content on the Platform. However, we reserve the right to investigate and respond to complaints or suspected violations by:

Issuing warnings
Removing content
Disabling accounts
Filtering or blocking inappropriate content
Taking any other reasonably necessary actions

Under no circumstances shall Notarily be liable for any data, content, or damages arising from access, reliance, or loss related to the Platform, including errors or omissions.

Customer Acknowledgement and Consent

If you are located outside Australia, you represent and warrant that:

You have informed the Notary of your location outside Australia.
Your local laws do not prohibit the performance of the requested notarial act.
The document or transaction:
- Is intended to be filed with or relate to an entity or matter within Australia; or
- Involves property located in Australia; or
- Is otherwise substantially connected to Australia.

16. Communication

You consent to being contacted by Notarily or its service providers (including a Notary) regarding:

Any transaction you participate in.
Other matters relating to your use of the Platform or Services.

Such contact may be made via:

Email (at the address you provided).
Telephone or mobile (including autodialled calls or pre-recorded voice messages).

You may withdraw consent to automated calls, but you cannot opt out of essential emails or manual calls related to your transactions.

Consent to SMS Messaging

By using the Platform or Services, you consent to receiving SMS messages from Notarily or its agents at the phone number you provide. This includes:

Initial opt-in confirmation messages.
Service updates and notices.

You may opt out at any time, and Notarily will process your request, including sending a final confirmation message. Standard message and data rates may apply. Notarily does not charge for sending SMS messages.

Consent to Participation in Sessions

You agree that:

You may cancel or exit a transaction if you believe any participant is unauthorised.
By continuing, you consent to the presence of all participants as displayed on the audio and video feeds.
You request that the Notary conduct the notarial act under the laws of Australia or the relevant commission.

17. Records

We will retain a:

Audio-video recordings of the session
Date and time of notarisation
Type of notarial act
Title or description of the document
Names and addresses of the involved parties
Identification evidence (personal knowledge or credential analysis)
ID document issue and expiry dates
Notarisation fee
Any other information required by law

You consent to Notarily to record, store, copy, edit, and delete electronic records and audio-video sessions and any other information you provide (“Stored Information”) for as long as necessary to meet our legal obligations or enforce our rights.

Availability of Documents
A copy of the document legalised and/or notarised by us will be available for download from your Customer Account for ninety (90) days after completion. It is your responsibility to download the document within this period. Notarily is not responsible for storing the document beyond this timeframe unless otherwise agreed in writing.

Permissions
You grant Notarily permission to record, store, copy, edit, and delete electronic records and audio-video sessions as necessary for operation and legal compliance.

Review of Records
Notarily may review these records under the following conditions:

Regulatory Compliance: To ensure adherence to applicable notarial laws and standards
Fraud Prevention and Security: To verify authenticity and prevent misuse
Dispute Resolution: To address claims or disputes related to notarizations

All reviews will be conducted in accordance with applicable privacy laws and internal protocols, with access limited to authorised personnel only.

18. Third Parties

We do not endorse or recommend any third-party goods, services, or content appearing on or via the Platform, nor imply any association with their owners or operators. Such third-party references or links are provided solely for your convenience and information.

Your use of or reliance on these third-party sites, products, or services is at your own risk. We have no control over the content, quality, or integrity of third-party sites and accept no responsibility for any loss or damage that may arise from your access to or use of them.

We also use third-party payment providers, and Notarily makes no guarantees regarding their functionality or security.

19. Shipment and Delivery

You acknowledge and agree:

Notarily is not responsible for any loss, cost, expense, claim, or damage related to the delivery of the original document to Notarily.

Once Notarily utilises third-party carriers (e.g., Australia Post, DHL), over whom we have no control or authority, our responsibility ends. We are not liable for any loss or damage after the document is handed over to the carrier.
Delivery of documents to you does not include insurance for loss, damage, or delay. If you require insurance, you must specify this when booking, and you will be responsible for any associated costs.
You are responsible for providing the correct shipping address during the booking process.
Notarily does not accept liability for loss or damage to parcels.
Parcels are left unattended at collection points and are the recipient’s responsibility.
Notarily is not liable for loss or damage to unattended parcels.
Notarily is not liable for loss of sale, data, revenue, profit, or any indirect or consequential damages, regardless of foreseeability.

Order Changes

You may update delivery details before your parcel is collected or handed over to the carrier. Changes are not permitted once the parcel has been collected or mailed.
If you need to change your shipping details more than 30 minutes after submitting your booking and before shipment, a fee of $40.00 will apply. This fee covers payment processing, administrative costs for preparing and cancelling the initial shipment, and the additional time required to update and process your new shipping instructions.

Rights You Grant to Us

Right to Open and Inspect: We reserve the right to open and inspect parcels at any time, without notice, to verify contents, ensure compliance with these Terms, protect health and safety, or enforce our rights.
Disposal of Goods: We may destroy or dispose of goods we believe are unshippable and may charge you for any disposal costs.

Delivery Timeframes

If a parcel shipped via Notarily is not delivered within the estimated delivery window, you must contact Notary within fourteen (14) days of the expected delivery date to request support.

Alternative Delivery Arrangements

We offer only the delivery options available through the Platform. We are unable to accommodate alternative arrangements, such as collection from our location.

20. Miscellaneous

Intellectual Property

All information, materials, text, logos, graphics, images, icons, videos, audio, forms, trademarks (registered or unregistered), layouts, control features, advertisements, arrangements, graphical user interface, look and feel, databases, applications, links, and software contained within or accessible through the Services are our exclusive property. They are protected by copyright, trademark, and other intellectual property laws.

Response to Breaches of These Terms

We reserve the right to take action if we reasonably believe you have violated these Terms, including:

Issuing a formal warning;
Suspending or deleting your Account.
Blocking or restricting access to our Services or the Website;
Pursuing legal action against you.

Any attempt to bypass suspension or restriction will be considered a further breach of these Terms.

Violations of These Terms of Use

Without limiting other remedies, we reserve the right to suspend or terminate your access to the Services, your Account, or refuse to provide Services if:

You breach any part of these Terms;
b. We cannot verify or authenticate your information;
c. We believe your actions may cause damage or legal liability to Notarily, our staff, users, or others.

We may also remove or block access to any objectionable or unlawful content at our sole discretion.

Using Our API

We offer specific Services, such as quoting, booking, and tracking, through an Application Programming Interface (API). You may only use the API for your personal or internal business purposes.
You may not use the API on behalf of third parties without our prior written permission, which will be granted on a case-by-case basis. All rights, titles, and interests in the API remain with us.

Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable to any extent, that provision will be severed from the remaining provisions, which will continue in full force and effect.

Waiver

No failure or delay by us in exercising any right under these Terms shall operate as a waiver. Any waiver of any term or condition will be effective only if in writing and signed by an authorised representative. Our failure to enforce any provision does not constitute a waiver of that provision.

Indemnity

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Notarily, its affiliates, directors, officers, shareholders, employees, licensors, and agents from and against any damages, losses, costs, liabilities, or expenses (including legal fees) arising from:

Your use or access of the Services or third-party services;
Your breach of these Terms;
Any material or information you provide to us.

Limitation of Liability

To the maximum extent permitted by law, Notarily and its affiliates, shareholders, employees, licensors, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, resulting from:

Your use or inability to use the Platform or Services;
Conduct of third parties;
Content inaccuracies or errors;
Unauthorised access to personal information;
Interruptions or transmission issues;
Bugs, viruses, or malicious software;
Any damages arising from content posted or transmitted through the Platform.

Sole Benefit

These Terms are solely for the benefit of the parties and their successors or permitted assigns. Nothing in these Terms intends to confer any rights or benefits on any other person or entity.

No Partnership

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Notarily.

Entire Agreement

These Terms constitute the entire understanding between the parties regarding the subject matter and supersede all prior agreements or understandings.

Force Majeure

We are not liable for delays or failures to perform due to events beyond our control, such as natural disasters, war, terrorism, strikes, government actions, or other unforeseen circumstances. Performance will be excused during such periods, and these Terms remain in effect.

No Warranty

To the maximum extent permitted by law, Notarily disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Services are provided “as is” and “as available.” We do not guarantee:

Security, availability, or error-free operation
Whether the Platform will meet your expectations or requirements
That content or documents will be accurate or complete
That the servers are free of viruses or harmful components
Those errors will be corrected

Dispute Resolution

In the event of a dispute, both parties agree to engage in good-faith informal resolution efforts (“Informal Dispute Resolution”). This involves personally meeting and conferencing via telephone or video within forty-five (45) days of the dispute being raised. The initiating party must notify the other party in writing, providing their contact details and a description of the dispute. If represented by counsel, your counsel may participate in the resolution process.