Terms & Conditions


1.1 These terms and conditions (Terms) govern the relationship between us, Education Ontrack Pty Ltd (Education Ontrack) and you regarding your use of this website.

1.2 By accessing our website, you agree to these Terms, which include our Privacy Policy (available at flohh.com.au/privacy/ and you acknowledge that a legally enforceable contract exists between us and you. If you do not agree with these Terms, you must immediately cease accessing our website.

1.3 In these Terms, we, us and our refers to our website and Education Ontrack with each of their related bodies corporate, directors, officers, employees, agents and contractors.

1.4 Separate to these Terms, are the Terms of Use (User Terms) which govern the relationship between Education Ontrack and users of the Flohh digital marking platform (Flohh) regarding the use of Flohh. (available at flohh.com.au/terms/)



2.1 We may, from time to time and without notice to you, change or add to 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 our website to ensure that you have read our most recent Terms.



3.1 You must be a registered user to access Flohh, however there is no requirement for registration to access this website.

3.2 If you register with Flohh and activate your account, we collect personal information about you in order to process your registration, provide you with our services and for other purposes as set out in our Privacy Policy. We handle all personal information we collect in accordance with our Privacy Policy. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy, out User Terms and these Terms.



4.1 We will provide our services to you in accordance with the services described on our website and governed by our User Terms.

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.



5.1 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 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 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 Our website is 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 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 our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on our website. We are not liable to you or anyone else if the information on 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 our website or a linked website. You must take your own precautions to ensure that whatever you elect to use or download from 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 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 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 our website.



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 Our Content 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 our website, or any networks connected to 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 our website at our sole discretion and without notice.



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 24 November 2021.


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.


If you're interested in beng part of a group who's objective is 'finding ways to reduce teacher workload while increasing educational outcomes' then, complete the form below and we'll keep you updated when we establish this teachers community.



If you are interested in being part of a group who's objective is 'finding new ways to reduce teacher workload while increasing educational outcomes' then, complete the form below and we'll kep you updated when we establish this Teachers Community.


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