Terms and Conditions
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, nextSpark and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
We may, at our own discretion, disable any account should an account’s usage be significantly in excess of average usage patterns to the extent that it adversely affects the speed, functionality, stability or availability of the services for other users (as determined by us). FlexiQuiz on behalf of nextSpark will attempt to notify you of any excessive or abusive usage to give you an opportunity to reduce such usage to a level acceptable to nextSpark.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not use this website to transmit or send unsolicited commercial communications.
Access to certain areas of this website is restricted. nextSpark reserves the right to restrict access to other areas of this website, or indeed this entire website, at nextSpark's discretion.
If nextSpark provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
nextSpark may disable your user ID and password in nextSpark's sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or nextSpark or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
nextSpark reserves the right to edit or remove any material submitted to this website, or stored on nextSpark's servers, or hosted or published upon this website.
Notwithstanding nextSpark's rights under these terms and conditions in relation to user content, nextSpark does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
If the main Administrator represents an organization, we may use your trade name and trademarks on our website and any other promotional materials produced by us. Administrators can request us not to display their organization’s trade name, trademarks and any feedback on the Site or promotional materials by sending an email to email@example.com.
This website is provided “as is” without any representations or warranties, express or implied. nextSpark makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, nextSpark does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.
Limitations of liability
nextSpark will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if nextSpark has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit nextSpark's liability in respect of any:
- death or personal injury caused by nextSpark's negligence;
- fraud or fraudulent misrepresentation on the part of nextSpark; or
- matter which it would be illegal or unlawful for nextSpark to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, nextSpark has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against nextSpark's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect nextSpark's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as nextSpark.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify nextSpark and undertake to keep nextSpark indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by nextSpark to a third party in settlement of a claim or dispute on the advice of nextSpark's legal advisers) incurred or suffered by nextSpark arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
You are responsible for any fees that are payable including any processing or other fees charged by the issuing bank/payment provider.
The price to be paid for your Subscription will be made clear to you on the Subscription order pages or otherwise during the order process and may vary from time to time. Unless otherwise indicated all prices are in US dollars (USD). You agree to pay the fees at the rates notified to you at the time you purchase your Subscription together with any processing or other associated fees charged by the issuing bank/payment provider. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. We will always inform you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
When you purchase a Subscription to FlexiQuiz, you must provide us with complete and accurate payment information. By submitting payment details you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to FlexiQuiz and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
Subscription payments will be debited from your account on a monthly basis for monthly Subscriptions or annually for an annual Subscription. You can cancel your Subscription up to 7 days before the payment due date.
There are no refunds. To cancel your subscription go to the Settings screen, within your account, 7 days before the payment due date.
Breaches of these terms and conditions
Without prejudice to nextSpark's other rights under these terms and conditions, if you breach these terms and conditions in any way, nextSpark may take such action as nextSpark deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
nextSpark may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
nextSpark may transfer, sub-contract or otherwise deal with nextSpark's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Australian Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Australia.
The full name of nextSpark is nextSpark Pty Ltd.
nextSpark is registered in Australia under ACN 601 759 497.
You can contact nextSpark by email to firstname.lastname@example.org.