Terms & Conditions
1. ABOUT THESE TERMS
1.1 These terms and conditions (Terms) govern the relationship between us, Education Ontrack Pty Ltd (Education Ontrack) and you regarding your use of our digital platform known as FLOHH (Flohh) and this website.
1.3 In these Terms, we, us and our refers to Flohh, our website and Education Ontrack with each of their related bodies corporate, directors, officers, employees, agents and contractors.
2. CHANGES TO THESE TERMS
2.1 We may, from time to time and without notice to you, change or add to Flohh or our website and the information described therein, including these Terms.
2.2 Changes to these Terms will take effect as soon as they are published. We recommend that you regularly check the Flohh digital platform to ensure that you have read our most recent Terms.
3.1 You must be a registered user to access Flohh and/or access certain features of our platform. When you register an account with us, you agree that:
3.1.1 the information you provide to Education Ontrack is true, complete, accurate and up to date;
3.1.2 users under 18 years old, have obtained parent or guardian permission and parents have read and agreed to these Terms and consented to entering into this agreement.
3.2 If you are a parent or guardian permitting a person under the age of 16 (Minor) you agree that you:
• have provided the consents contained in these Terms on behalf of the Minor;
• will exercise supervision over the Minor’s use of our website and their account;
• will assume all risks and liabilities associated with the Minor’s use of our website and their account;
• will ensure that the content that the Minor may encounter on Flohh or our website are suitable for the Minor; and
• will ensure that all information submitted by the Minor is true, complete, accurate and up to date.
3.4 When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and you must not allow any other person to use your account. You are responsible for all use and activity carried out under your account. If you become aware of any actual or suspected breach of security in relation to your account, you must notify us immediately. We are not liable for any loss you suffer as a result of any unauthorised user activity in relation to your account.
4.1 We will provide our services to you when your account is registered and activated.
4.2 We will provide our services with due care and skill, and that our services will be in accordance with the services described on our website.
4.3 We will make all reasonable efforts to make our services available to you subject to:
• scheduled downtime for maintenance, upgrade and other purposes, notice of which will be given to you;
• unavailability or downtime of our website or our services caused by circumstances beyond our reasonable control;
• any reasonable limitations we impose on your access to or use of our services.
4.4 Where you are under 18 years old, we may modify or restrict the services available to you or limit your interactions with other users in Flohh.
4.5 We may from time to time change our services, including to introduce new features or functionality or to discontinue existing features or functionality. We will publish details of any changes within Flohh and/or on our website.
5. INTELLECTUAL PROPERTY
5.1 You retain ownership of any rights you hold in any images, text, video or other content that you send, or allow to be sent, using Flohh or our website (Your Content).
5.2 You agree to grant us a worldwide, non-exclusive, irrevocable, perpetual and royalty-free licence to use, reproduce, modify, adapt, publish, create derivative works from, communicate to the public, perform and promote Your Content for any purposes and in any media, including the right to grant sub-licences to any third parties to do these things. You warrant that you are entitled to grant us this license.
5.3 Unless otherwise indicated, we own or license from third parties all rights in relation to Flohh and our website, including intellectual property rights in any images, text, video or other content displayed in Flohh and on our website (Our Content). You must not reproduce or redistribute any of Our Content unless you have permission directly from us. You must not otherwise use Our Content except to the extent necessary to enable your reasonable use of our services.
5.4 Flohh and our website are for your personal use only. You must not modify, copy, distribute, display, publish, create derivative works from or commercially exploit any of Our Content. Any reproduction or redistribution of Our Content may result in civil and/or criminal penalties.
6.1 To the maximum extent permitted by law, we are not liable to you or anyone else for any loss, damage or other claim in relation to your use of Flohh or our website, for example as a result of any technical issues that limit or prevent such use.
6.2 While we make all reasonable efforts to ensure the accuracy and completeness of the information on Flohh and our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on Flohh or our website. We are not liable to you or anyone else if the information on Flohh or our website is inaccurate, incomplete or not up-to-date.
6.3 We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of Flohh, our website or a linked website. You must take your own precautions to ensure that whatever you elect to use or download from Flohh or our website is free of viruses or anything else that may interfere with or damage the operations of your computer system.
6.4 While we make all reasonable efforts to protect the integrity and security of Flohh and our website, you acknowledge that the integrity or security of your personal information may be compromised even where such security measures are adopted and implemented, or where there is a failure by third parties to protect the integrity and security of the personal information provided to them. To the extent permitted by law, we are not liable to you for any loss or damage suffered or incurred by you or any third party as a result of any breach of security which may result in unauthorised access to your personal information.
6.5 To the maximum extent permitted by law, we are not liable for any loss or damage suffered by you or any third party by reason of any interpretation or use of your personal information accessed or provided:
• by us to third parties; or
• by your use of Flohh or our website.
6.6 You indemnify us against any liability, loss or damage that we suffer in relation to any breach by you of these Terms or any unlawful, illegal, negligent or tortious act or omission by you in relation to your use of Flohh or our website.
7. YOUR OBLIGATIONS
7.1 You must not do any act that we would deem to be inappropriate or unlawful, including but not limited to:
• engage in, facilitate or further any illegal conduct, including any act that would constitute a breach of privacy;
• lease, lend, sell, redistribute, sublicense or on-supply Flohh without our prior written permission;
• post, transmit, publish or disseminate material that infringes any third party’s proprietary or intellectual property rights;
• solicit or advertise to other Flohh users for commercial purposes without our permission;
• deliberately or recklessly cause harm to us or to third parties;
• interfere with, disrupt or cause damage to Flohh or our website, or any networks connected to Flohh or our website;
• attempt to gain access to the personal information of another user or another user’s account, or in any way disrupt or interfere with another user’s use or enjoyment of our services;
• introduce any viruses, files or programs to Flohh that limit or destroy the functionality of Flohh or other computer systems;
• post or transmit, or allow to be posted or transmitted, any non-authorised material, including but not limited to material that is in our opinion defamatory, discriminatory against any group or individual, obscene, violent, threatening, pornographic or otherwise morally, socially or legally inappropriate.
7.2 We have the right to take down any information you post on Flohh or our website at our sole discretion and without notice.
8. TERM AND TERMINATION
8.1 We will provide our services to you for the term of your Subscription. At the end of your Subscription, we will take reasonable steps to close your account and to cease using and delete Your Content within a reasonable time.
8.2 We may cancel your account at any time without notice for any reason, including if:
• you continuously fail to pay for your Subscription;
• you are in breach of these Terms and the breach cannot be remedied; or
• you are in breach of these Terms and, in the case of a breach which is capable of being remedied, you fail to remedy the breach within 30 days of receipt of written notice of the breach; or
• we cease to provide our services.
8.3 You may cancel your Subscription at any time using the settings in Flohh. Upon cancellation of your Subscription, all rights granted to you under these Terms terminate immediately and you must immediately stop accessing and using Flohh and our website. We will then issue you with your final invoice for payment and cancellation of your Subscription.
8.4 We will take reasonable steps to cease using and delete Your Content within a reasonable time after your account is canceled. However, cancellation of your account will not affect the rights and licenses you grant to us under these Terms.
9. JURISDICTION AND GOVERNING LAW
These Terms are governed by the laws in force in the State of Victoria and you submit to the non-exclusive jurisdiction of the courts of the State of Victoria.
If any provision or part of a provision of these Terms is held to be illegal, unenforceable or otherwise invalid, that provision or part will be deemed to be severed from these Terms and the remainder of the agreement between you and us will continue to be in effect.
Last updated on 11 November 2019.
GET IN TOUCH
If you are a secondary teacher or represent a school in Australia and have a question about the new Flohh Marking Platform, please complete the form below and we’ll get back to you within two business days with an answer.