Terms of Service
Welcome to https://www.quizflight.com/. This website is owned and operated by QuizFlight INC., a Delaware company located at 112 Capitol Trail Suite A, Newark, Delaware, ("QuizFlight")
Please read these Terms & Conditions ("Agreement") prior to use and/or register for an account on our Website.
Please also read our Privacy Policy describing how your personal data is collected and processed when You use our Website, before You use any portion of our Website. If You do not understand or do not wish to be bound by the Terms and Conditions and/or Privacy Policy, You should not use this Website.
QuizFlight reserves the right to modify these Terms and Conditions at any time without any advance notice. Any changes shall be effective immediately upon posting on this page, with an updated effective date. Any material changes take effect upon posting and apply only to your use of the Website unless we have other communications with you. If you continue to use our Website after we update our Terms & Conditions, You are signifying your acceptance of the new terms.
You agree and understand that QuizFlight may discontinue or restrict your use of the Website at any time for any reason or no reason with or without notice according to current law and legislation.
You also understand and agree that in the event You breach the Terms and Conditions and act in contrary to the related law and regulation; You shall be subject to legal and criminal sanctions.
1. DEFINITIONS
- Company refers to Quizfligth INC., "QuizFlight" and/or "We"
- COPPA refers Children's Online Privacy Protection Act
- DPDPA refers to Delaware Personal Data Privacy Act
- Fees refers to the relevant Product and/or Service fees payable by the User to access the Services and/or Products.
- Force Majeure refers to any cause beyond any party's reasonable control including, but not limited to, strikes or lockouts, labor shortages or disturbances, acts of God, fires, accidents, floods, severe storms, pandemic, epidemic, wars, riots, acts of governmental authority, terror attacks
- Intellectual Property refers to copyright, trade marks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights.
- Service refers to transactions designed for education and/or training or to create corporate content where User gets from Website.
- Subscription refers to User's selected time and content membership to the Website to access the Service.
- Website refers to https://www.quizflight.com/ or any portion of it
- You refers to User, the authorized user of the Website
2. USER'S RIGHTS AND OBLIGATIONS
2.1. User confirms to be bound by this Agreement by accessing and/or using the Website. User also confirms that he or she is at least 13 years old or, if younger than 13, User confirms that he or she has the permission of his/her parent or legal representative, who will take responsibility for the compliance with this Agreement. The DPDPA also permits parents and guardians to exercise rights on behalf of their children as individuals under the age of 13 (thirteen).
2.2. You can use our Website for your Business and/or for school activities as teacher. You can use certain Services for free by creating an account in our Website, submitting your name, surname, e-mail address and creating a password. You warrant that any registration information (such as name, contact information, or other information) you submit is accurate, complete, and not misleading and You agree to keep such information up to date. Failure to submit accurate and up to date information constitutes a breach of this Agreement. You agree and undertake to update your registration information in case any change occurs.
2.3. You shall be responsible for maintaining the confidentiality of your password and other account information. Your login must only be used by one person; a single login shared by multiple people is not permitted. You are solely responsible in all respects for protecting the confidentiality of any password given to You or selected by You for access to or use of the Website. QuizFlight has no liability whatsoever on the security of your account, username and password.
Your password may only be used by You personally and You must not share it with or transfer it to any third parties. You are solely responsible for any and all activities that occur under your password and account. You must notify (written by an e-mail or by other means of written communication) Company immediately of any unauthorised use of your password or any other breach of security regarding the Website which comes to your attention. Company shall not be liable for any loss that may incur as result of a third party using your password or account. However, You agree and understand that you may be liable for losses incurred by Company as a result of someone else using your password or account.
2.4. You can upgrade your account any time as we offer different types of subscription that User shall choose the one that best meets its needs. QuizFlight has 3 (three) types of subscriptions: Business Starter, Business Pro and Business advanced. You can see the detailed information about our subscriptions in our Website pricing section https://www.quizflight.com/pricing
We may decide to change or replace our subscription plan. If the subscription plan you have subscribed for is changed or replaced, your subscription will automatically be for the subscription plan that corresponds with the pricing of your original plan unless you chose to upgrade your subscription.
QuizFlight does not verify and cannot guarantee the accuracy, relevance, integrity, fitness for a particular purpose, availability, or quality of any content included in your subscription.
2.5. User agrees and undertakes to use the Website in compliance with this Agreement, governing law and all applicable local, national and international laws, rules and regulations, including copyright laws, data protection laws and any laws regarding the transmission of technical data exported from User's country of residence, and the governing law of this Agreement.
2.6. User undertakes and agrees to not use the Website in any manner intended to damage, disable, or impair any of our server or the network(s) connected to any of our server or to interfere with any other party's use of the Website. You agree to use the Service and Products in a diligent, proper and lawful manner and to ensure that You do not violate any applicable local, state, national or international law or any rights of third parties (including trade mark, trade secret, copyright or other proprietary rights). In case QuizFlights determines any User's that is offensive, vulgar, obscene, or unlawful; we reserve the right, in our sole discretion, to cancel or refuse registration of any User we believe violates this Agreement, our policies or any related law. All other rights and/remedies about any user violation according to the governing rules and regulations shall be reserved.
2.7. You agree that you are solely responsible for your posts and/or content via Services, and you acknowledge and agree that Company is not responsible for, and does not endorse, any User Content. User agrees and undertakes that QuizFlight has no liability whatsoever in case User posts and/or creates unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy rights or right of publicity, or otherwise objectionable content; promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; or any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Agreement, infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party and/or encourages criminal conduct.
In case you breach the article 2.7., your account shall be suspended and/or your subscription shall be deleted and terminated without QuizFlight's liability whatsoever.
2.8. All trademarks, logos and service marks ("Marks") displayed in our Website are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. User shall use a limited personal, non-exclusive, non-transferable licence to access and use the Services for only business and/or educational purposes through the Services, in accordance with the Agreement or restrictions associated with a particular course or feature of our Services. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give You explicit permission to do so in a written agreement signed by Company's authorized representative.
2.9. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website, is compatible with the Website and is capable of running the Website content.
You must not attempt to interfere in any way with the proper working of the Website; in particular You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router, or any other internet connected device.
3. COMPANY'S RIGHTS AND OBLIGATIONS
3.1. We reserve the right to make changes in the content of the Website that are offered with the prices indicated in our Website, at any time without any notice to the User.
3.2. We will use all reasonable endeavours to ensure that the Services of Website are provided continuously and not interrupted by any event within our control. We will notify You in advance of planned downtime if any.
3.3. Occasionally our Website shall contain typographical errors, inaccuracies, or omissions that may relate to pricing, promotions, offers, availability, and other content. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice and without any liability whatsoever to us.
3.4. Company may at any time, modify, suspend or discontinue the Website without any liability whatsoever. You agree and undertake that QuizFlight shall not be liable to You for any suspension, discontinuance or modification.
3.5. QuizFlight agrees and undertakes to perform completely in accordance with the qualifications stated in the order, deliver Service in accordance with the standards of integrity and honesty, to act with due care and foresight, and to show the necessary care and attention during the performance of the work.
4. FEES & PAYMENTS
4.1. This section of the Agreement applies in case you have signed up for our paid subscription plans.
A valid credit card is required for paying your accounts and Services will be billed in advance on a billing period basis. There will be no refunds or credits for partial billing periods of service, upgrade/downgrade refunds, refunds for billing periods unused.
For any upgrade of your account plan, the credit card that you provided will automatically be charged immediately, for any downgrade of your account plan the change in the invoice will be done on your next billing cycle.
Downgrading your Service may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.
If You cancel your subscription, You immediately become free user.
4.2. Your subscription of paid service renews automatically and your credit card will be charged automatically at the end of your current subscription period and your subscription will, unless You cancel it, be renewed for the same period of time.
Subscriptions do not expire during the subscription period due to non-use of Services. You can opt out to renew the subscription at any time by within the profile section in the Website.
4.3. All fees are exclusive of all taxes, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, or duties, excluding only VAT when a valid number is provided.
4.4. QuizFlight works with third party payment processing partners to offer You the most convenient payment methods in your country and to keep your payment information secure. You can check out our Privacy Policy for more details Privacy Policy
4.5. You agree and understand that billing information, which You provide to make payment through QuizFlight, namely your credit card information is processed by our partners-payment providers only. We do not collect, store or otherwise process your billing information. You agree that we are not responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of our partners-payment providers in addition to this Agreement. You acknowledge that we may change our partners-payment providers and require them to transfer your information to other service providers that encrypt your information using security technology.
4.6. You agree not to use an invalid or unauthorized payment method. If your payment method fails and You still get access to the Service You are enrolling in, You agree to pay us the corresponding fees within two (2) days of notification from us. QuizFlight reserves the right to disable access to any Products and Service for which we have not received adequate payments.
We reserve the right to back-bill you for Services used but not previously billed.
Payment in full is due no later than the due date indicated on your bill and we may apply a late fee and interest and other charges (including, but not limited to, collection fees) up to the maximum amount permitted by law. You agree to pay costs and fees, including but not limited to attorney fees, we incur to collect an unpaid balance from You. We may require you to authorize payment for Services by credit card or by debiting a bank account, and no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us for any reason.
4.7 Any price changes shall be announced on Website and will not affect your existing subscriptions (so if You have a subscription for a certain price, price changes won't affect your existing subscription, and will apply to any future and renewing subscription purchase).
5. REFUND POLICY & CANCELLATION
You may cancel your purchase of Service at any time. No refund shall be provided for any Services purchased through our Website.
However; You have a right to withdraw your subscription within 14 days from the day you subscribed, depending on your jurisdiction. You should cancel your subscription in writing via support@quizflight.com
By approving this Terms and Conditions, User agrees and undertakes to be informed about the right of cancellation.
In case there is a decrease in value of the Services because of User's own fault then the user is obliged to compensate Company for its damages.
6. THIRD PARTY WEBSITES
The Services may allow you to link to other websites or resources on the internet, and other websites or resources may contain links to our Website and our Services. These other websites are not under our control, and you acknowledge and agree that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of these websites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
7. ELECTRONIC COMMUNICATION
The communications between our Company and You via the Services use electronic means. For contractual purposes, You consent to receive communications from us in electronic form, and you agree that all Terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
8. CONFIDENTIALITY AND PRIVACY POLICY
8.1. Please review our Privacy Policy section for our Website which is incorporated in this Agreement. If You do not agree with the Privacy Policy, You are not authorized to use this Website.
8.2. QuizFlight shall not disclose User's personal information transmitted through the Website. Those informations include but not limited to User's name, surname, mobile number, e-mail address.
8.3. User agrees and acknowledges that Company shall share User's personal information with its subsidiaries and affiliated group companies within the scope of marketing activities such as promotional, advertising, campaign, announcement etc. Company shall use this personal information to determine customer profiles, to provide promotions and campaigns in accordance with customer profile, and to conduct statistical studies.
8.4. This provision shall not apply to any information which (i) is in the public domain and is readily available at the time of disclosure or which thereafter enters the public domain and is readily available, through no improper action or inaction by the Party, (ii) was in the possession of the Party or known by it prior to receipt (iii) was rightfully disclosed by another person without restriction. For more information please visit Privacy Policy
9. INTELLECTUAL PROPERTY
Except as expressly stated in the Agreement, Company does not grant You any rights to or any Intellectual Property Rights or any other rights or licences.
All materials in Website including but not limited to content, text, images, software, audio and video files, documentation, and all other content of the Website are protected by national and international intellectual and industrial property rights, copyright, trademark and other intellectual property laws which are expressly reserved by QuizFlight or, as the case may be, by the persons or companies who created them or hold the rights.
Therefore, it is forbidden to copy, reproduce, modify, transmit, sub-licence market, alter,sell, distribute or publicly communicate by any means or manners the entire contents of Website for any other purpose beyond the users' legitimate need for the use of the Website.
You acknowledge that You do not own and shall not acquire any title, copyright or any other intellectual property rights in and to the Website and You shall not modify, translate, adapt or otherwise amend the same otherwise than in accordance with applicable law. Violation of these rights will be prosecuted in accordance with current legislation.
In case You become aware of any Intellectual Property Rights infringement or potential Intellectual Property Rights infringement involving the Service or Website, You must inform us promptly.
10. TERMINATION
10.1. You agree and undertake that this Agreement will continue as long as User uses free or paid subscriptions. QuizFlight reserves the right, according to the governing laws and regulations, at any time in its sole discretion to terminate, cancel, delay, or alter any format of the Service offered, or to cease providing any part or all of the Website content. You also agree that QuizFlight has no liability whatsoever to You or to any third party or will not refund any amounts that User have already paid, to the fullest extent permitted under applicable law in case;
- You materially breach this Agreement, Privacy Policy and any other agreement verbal or written or assumed, in conjunction with your account
- You infringe Intellectual Property rights
- You violate Terms & Conditions in connection with your use of Website
10.2. If You no longer desire to participate in our Website, You may terminate your subscription at any time. Paid Products or Services granted to You shall be terminated and You will no longer have access to your account and all information contained therein may be deleted. You agree and undertake that We have no liability whatsoever in case such information may remain after your termination.
Sections of the Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Agreement, shall survive termination.
11. WARRANTY
The Website, Services, any information or content made available on or through Website are provided "AS IS" and "AS AVAILABLE" without warranty of any kind.
We do not warrant that our Website shall operate in an uninterrupted or error-free manner, that the Website is free of viruses or other harmful components, or that the courses or content provided shall meet your needs or expectations. We also make no warranty about the accuracy, completeness, timeliness, or quality of the Website or any courses or content, or that any particular courses or content will continue to be made available.
Use of the Website and the Services through Website is at your own risk. Your access to or download of information, materials, or data through Website is at your own discretion and risk, and You will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data, unless otherwise expressly provided for in the privacy policy.
12. LIMITATION OF LIABILITY
Except as otherwise expressly stated, in no event will QuizFlight, its suppliers or its licensors shall be liable to You or any other third party for any direct, indirect, special, consequential damages, regardless of the basis or nature of the claim, resulting from any use of the Service, including without limitation any lost profits, business interruption, loss of data or otherwise, even if QuizFlight, its suppliers or its licensors were expressly advised of the possibility of such damages. You agree to indemnify, defend and hold harmless QuizFlight and its affiliates, partners, suppliers, and employees from any and all liability, claims, costs, or damages arising from your use of Website or the Services or your breach of this Agreement.
13. FORCE MAJEURE
In the event that any Party is unable to meet its obligations under this Agreement due to Force Majeure; the performance obligations of the Parties affected by the force majeure conditions shall be suspended to that extent for the duration of such event; provided, however, that the Parties shall make all reasonable efforts to continue to meet their obligations during the duration of the force majeure condition.
14. NOTIFICATION
Any communication between Parties shall be made via QuizFlight specified e-mail address on the Website and User's e-mail address which has been given on a subscription form. In case User's address has been changed, he or she needs to update his/her new address in 5 (five) days. Otherwise, all notifications made to the old address shall be deemed valid.
15. EVIDENTIAL CONTRACT
In the event of any dispute arising out of or relating to this Agreement, User agrees and undertakes to consider QuizFlight's books, records and documents and computer records as an evidence and the User acknowledges to not object or dispute to these records.
16. SEVERABILITY AND WAIVER
Unless as otherwise stated in the Agreement, in case any provision of the Agreement be held invalid or unenforceable for any reason, such invalidity or unenforceability shall not in affect or render invalid the remaining provisions of the Agreement.
17. ASSIGNMENT
QuizFlight shall assign the Agreement or any part of them, any of its obligations under the Agreement. You may not assign the Agreement or any part of them, nor transfer or sub-license your rights under the Agreement, to any third party whatsoever.
18. DISPUTE RESOLUTION
If you have a dispute with QuizFlight, You should contact us via support@quizflight.com. You must describe your dispute and provide enough detail to allow us to understand it. You must provide any supporting documentation with your written dispute. If we have a dispute with you, we will send you a written notice to your billing address to attempt to resolve the dispute.
In case we and/or You are unable to resolve the dispute after 30 (thirty) days from the date of receipt of the written dispute, You agree that the dispute will be resolved: (1) by seeking relief in small claims court, if appropriate under the applicable court's rules, in the city or county of the billing address reflected on your bill; or (2) by arbitration.
The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction.
19. GOVERNING LAW
Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute.