Terms of Use
Last updated: 1 July 2020

By using the website located at quizademia.com (“the Site”) you agree to be bound by these terms (“Terms of Use”), which will be published at https://quizademia.com/terms. If you do not agree to these Terms of Use you must immediately cease to use the Site.

The Site is operated by Quickworksheets Pty Ltd as trustee for Quickworksheets Trust, a business registered in South Australia with Australian Business Number 56265451883 (“Quickworksheets”). Quickworksheets may periodically make amendments to these Terms of Use. You acknowledge and agree that it is your responsibility to review the Terms of Use periodically and familiarise yourself with any modifications. Your continued use of the Site constitutes agreement to the most recent revision of the published Terms of Use.

1. The Site is provided “AS IS”

The Site is provided "AS IS" and on an "AS AVAILABLE" basis. Quickworksheets excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Quickworksheets does not guarantee the availability, completeness or performance of the Site in any manner. Quickworksheets reserves the right to make changes to the available services and content of the Site, or to cease to provide services or content on the Site at any time, without any liability to you.

Quickworksheets maintains complete control and discretion over the management of access to the Site. Quickworksheets may, at any time, edit or remove your account or deny access by you or from any IP address, for any or no reason.

2. Special Terms for Paid Account Holders

Not applicable.

3. Account Users and Security

Each Quizademia user account shall be used by one user only. For the purposes of these Terms of Use, a user is a natural person and not an incorporated entity. Multiple persons (such as multiple teachers at the same institution) shall each have their own separate account to use the Site. Accounts are not transferable between persons.

You are responsible for safeguarding the password that you use to access the Site. You agree not to disclose your password to any third party, nor to publish your password online or in any other manner. You agree to take sole responsibility for activities that take place on your account, whether or not you have authorized such activities. You shall notify Quickworksheets immediately upon discovering any unauthorised use of your account.

4. Restrictions on Use of the Site

4.1 Restrictions on Content

You shall not use the Site to create or link to content that offends public decency, contains sexually explicit material, contains foul language, harasses or promotes violence against any individual or group, exposes personally identifying information, or is otherwise (in the opinion of Quickworksheets) inappropriate given the wide audience for which this Site is intended.

Quickworksheets reserves the right (but is not obliged) to monitor all uses of the Site and to remove, without notice, any content that violates these Terms of Use.

Quickworksheets will be the sole arbiter as to what constitutes a violation of this term.

4.2 Commercial Limitations

You shall not sell access to quizzes created with the Site.

You shall not use the Site to compete, directly or indirectly, with any of the business interests of Quickworksheets. Quickworksheets will be the sole arbiter as to what constitutes a violation of this term.

4.3 Use of automated software

You shall not interact with the Site by way of an automated computer program. You shall not provide access to the features of the Site from another website or access our API without permission. You shall not attempt disrupt the Site for other users, gain unauthorised access to the Site, or interfere with other users' ability to use the Site. You shall not attempt to reverse engineer any part of the Site.

5. Lawful Use

You agree to use the Site for lawful purposes only. You shall not input any defamatory or illegal material of any nature, and you shall not infringe the intellectual property rights of any person.

You agree to indemnify Quickworksheets and its agents against any third party claim arising from or in any way related to your use of the Site, including any liability or expense arising from claims, losses, damages (actual and consequential), lawsuits and litigation costs, of every kind and nature. Quickworksheets will provide you with notice of any such claim.

6. Ownership of Intellectual Property

Unless otherwise noted, all of the Site’s intellectual property vests in Quickworksheets.

You will own content that you enter into the Site when creating quizzes (“Your Content”), however copyright over the design and layout of your quizzes shall remain vested in Quickworksheets. You agree to grant Quickworksheets a perpetual, world-wide, royalty free, non-exclusive license to transmit, store, retrieve, reproduce, modify and display Your Content.

If you choose to share any of Your Content with other users of the Site (by using the "Share" feature or by any other means), you agree to grant Quickworksheets a perpetual, world-wide, royalty free, non-exclusive license to transmit, store, retrieve, reproduce, modify, adapt, display and publish Your Content, and you agree to extend this license to any other person who uses your shared content.

7. Privacy

You agree to the terms of the "Privacy Policy", which forms part of these Terms of Use. You agree that Quickworksheets may disclose information (including personal information) that you provide if we are required to do so in order to comply with a valid legal request (such as a valid government disclosure request through application of applicable legislation, or a court order), or as otherwise allowed under these Terms of Use and the Privacy Policy.

8. Preservation of Data

You are solely responsible for the preservation of Your Content. Even though Quizademia provides online storage services for Your Content, Quickworksheets shall have no responsibility to preserve it, and shall accept no liability if any of Your Content becomes unavailable or is lost.

Quickworksheets may delete dormant Quizademia accounts and associated data if they have been inactive for an extended period of time.

9. Limitation of Liability

You agree that use of and reliance upon the Site is entirely at your own risk. Quickworksheets and its agents exclude all liability (including for negligence and under contract) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage) arising from or in connection with use of the Site.

We may provide integrations with third party media libraries. These libraries are not owned or operated by Quickworksheets. You agree that the use of pictures from these libraries is entirely at your own risk and you must comply with their respective terms of use.

Should a data breach occur Quickworksheets shall not be held liable for the consequences of loss or dissemination of the data it holds, nor the actions of anyone who obtains it.

10. Class Action Waiver

You and Quickworksheets agree that each party may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class. Further, unless both you and Quickworksheets agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

11. Use of The Site by Children

You shall be at least 18 years of age to create a Quizmaker account.

As a Quizmaker, if you assign a quiz to a child you must comply with any relevant laws in your jurisdiction regarding the use of websites by minors. Please see our "Privacy Policy" for further information on assigning quizzes to children.

12. General

If any term or part thereof of these Terms of Use is held by a court to be invalid or unenforceable such term or part thereof shall be deemed deleted and these Terms of Use shall otherwise remain in full force and effect.

The delay of Quickworksheets to exercise or enforce any right in these terms does not waive Quickworksheets’ right to enforce or exercise such right in the future.

These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of South Australia, Australia. The courts of South Australia shall have exclusive jurisdiction over any legal disputes. Any proceeding brought in an Australian Federal Court shall be instituted in the Adelaide Registry of that Federal Court and shall not be transferred to another registry of the Federal Court.

These Terms of Use, together with the policies referenced therein, constitute all of the terms and conditions agreed between you and Quickworksheets, and supersede any prior agreements, whether written or oral.