Last updated: December 1, 2023

We are NextSpark Pty Ltd (“NextSpark”) doing business as FlexiQuiz (“FlexiQuiz, “We”, “Us” or “Our”). These Terms and Conditions (“Terms”) apply to your access and use of the platform accessible through www.flexiquiz.com (the “Site”) and your access to the variety of FlexiQuiz features that enable you to create learning content and quizzes, collaborate with others, manage learners and other features that are offered through the Site (collectively the “Services”).

By accessing or using the Services and Site, you acknowledge and agree to be bound by these Terms and confirm you have read and agreed to our Privacy Policy and Cookie Policy.

Unless otherwise stated, NextSpark and/or its licensors own the intellectual property rights in the Site and material on the Site. 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 Site for your own use, subject to the restrictions set out below and elsewhere in these terms.

You must not:

• republish material from this site (including republication on another website);
• sell, rent or sub-license material from the site;
• reproduce, duplicate, copy or otherwise exploit material on this site for a commercial purpose;

You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; 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 Us.

You must not use this Site 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.

FlexiQuiz has a zero-tolerance spam policy. You must not use this Site to transmit or send unsolicited commercial communications. Please refer to our Anti-Spam Policy for more information.

Access to certain areas of this Site are restricted. We reserve the right to restrict access to other areas of this website, or indeed this entire website, at Our discretion.

If you have been issued an account by FlexiQuiz in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access the account. You, and not FlexiQuiz, are responsible for any activity occurring in your account (except for activity that FlexiQuiz is directly responsible for that is not performed with your instructions).

If you become aware of any unauthorized access to your account, you should contact FlexiQuiz immediately. Accounts must not be shared and can only be used by one individual per account.

We may disable your user ID and password in Our sole discretion without notice or explanation.

In these Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Site, 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 Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to this Site, or stored on Our servers, or hosted or published upon this Site.

Notwithstanding NextSpark's rights under these Terms in relation to user content, We do not undertake to monitor the submission of such content to, or the publication of such content on, this Site.

If the main Administrator represents an organization, we may use your trade name and trademarks on our Site 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 info@flexiquiz.com.

This Site is provided “as is” without any representations or warranties, express or implied. NextSpark makes no representations or warranties in relation to this Site or the information and materials provided on this Site.

Without prejudice to the generality of the foregoing paragraph, NextSpark does not warrant that:

• this Site will be constantly available, or available at all; or
• the information on this Site is complete, true, accurate or non-misleading.

Nothing on this Site 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.

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 Site:

• 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 Site 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 Our liability in respect of any:

• death or personal injury caused by Our 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 Site, you agree that the exclusions and limitations of liability set out in this Site disclaimer are reasonable.

If you do not think they are reasonable, you must not use this Site or access the Services.

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 Site.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Site disclaimer will protect NextSpark's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as NextSpark.

If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Site 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, or arising out of any claim that you have breached any provision of these Terms.

Some of Our Services are billed on a subscription basis (called “Subscriptions”) for the term specified on the order pages when you purchase a Subscription.

The price to be paid and the term 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.

Subscription payments will be debited from your account on a monthly basis for monthly Subscriptions or annually for an yearly Subscription. You can cancel your Subscription up to 3 days before the payment due date.

You are responsible for any fees that are payable including any processing or other fees charged by the issuing bank/payment provider.

Our prices are exclusive of any and all taxes (including without limitation, value added tax, use tax, sales tax, services tax etc.). You are responsible for paying taxes associated with your purchase and keeping your billing information up to date.

There are no refunds. To cancel your Subscription go to the settings screen, within your account at least 3 days before the payment due date.

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 authorization or any authorization 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.

Without prejudice to NextSpark's other rights under these Terms, if you breach these Terms 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 Site and/or bringing court proceedings against you.

We reserve the right to change these Terms from time to time without prior notice.

Revised Terms will apply to the use of this Site from the date of the publication of the revised Terms on this Site. 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 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.

If a provision of these Terms 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.

These terms, together with the Privacy Policy, Cookie Policy and Anti-Spam Policy, constitute the entire agreement between you and NextSpark in relation to your use of this Site, and supersede all previous agreements in respect of your use of this Site.

These Terms will be governed by and construed in accordance with Australian Law, and any disputes relating to these Terms 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 company number ACN 601 759 497.

You can contact NextSpark by sending an email to info@flexiquiz.com.