Terms of Use
Revision 7 - February 2012
By using the website located at http://quickworksheets.net
(“the Site”) you agree to be bound by these terms.
If you do not agree to be bound by these terms, do not use the Site. If you choose to upgrade to a Premium Account, you additionally agree to be bound by the Special Terms for Premium Account Holders detailed below.
Timothy Due trading as Quickworksheets (business name registered in South Australia) (“Quickworksheets”) may, at its sole discretion, change these terms from time to time. You should therefore check this page regularly. Your continued use of the Site constitutes agreement to the most recent edition of the terms published here. If you choose to upgrade to a Premium Account, you agree to be bound by the Special Terms for Premium Account Holders applicable at the date of your most recent purchase.
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. (However, if you have Upgraded to a Premium Account, you may be eligible for a refund in accordance with the Special Terms for Premium Account Holders.)
Use of the Site is not a right. Quickworksheets has complete control of access to the Site and management of its user account system. 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. (If Quickworksheets takes such actions and you have Upgraded to a Premium Account, you may be eligible for a refund in accordance with the Special Terms for Premium Account Holders.)
2. Account Types
Quickworksheets currently offers two types of account: A free account (“Basic Account”) and a paid account (“Premium Account”), which allows access to more features of the Site than the Basic Account. Quickworksheets maintains complete discretion over the types of account it offers and the pricing of accounts, including the right to remove the option of a free account at any time.
3. Special Terms for Premium Account Holders
If you upgrade or activate your account by paying the upgrade fee (“Upgrade”), your Basic Account will become a Premium Account for the period agreed between you and Quickworksheets. Following the expiry of this period your Premium Account will revert to a Basic Account and you will cease to have access to the benefits that a Premium Account offers, unless you Upgrade for a further period.
If you have Upgraded and Quickworksheets terminates your account in accordance with these Terms of Use, or if Quickworksheets permanently ceases to provide you access to the Site, you will be entitled to a pro-rata refund in relation to the days remaining on your Premium Account that you have not been able to access the Site. You must apply for this refund by contacting Quickworksheets within 60 days of the above event occurring to arrange for the method of payment for the refund. If, at the end of this period, you have not contacted Quickworksheets to arrange for payment, you will cease to be eligible for the pro-rata refund. Quickworksheets reserves the right to require that your refund is issued through our payment processor Paypal, in which case you will be required to sign up with Paypal for a free Paypal account in order to receive your refund.
Quickworksheets provides a 30 day money-back guarantee on Upgrades. If you are unsatisfied with your purchase you may contact us within 30 calendar days of Upgrading to request a full refund. Once your refund has been processed your Premium Account will revert to a Basic Account and you will cease to have access to the benefits that a Premium Account offers. This money-back guarantee is not offered to you if you do not Upgrade using Paypal.
Except as stated in this clause, or as required by the laws of the State of South Australia, Quickworksheets is not obliged to issue refunds to Premium Account holders. Any refund issued as an act of good will at the discretion of Quickworksheets does not imply the existence of a legal obligation for Quickworksheets to issue such a refund, nor set a precedent regarding issuance of refunds in the future.
4. Referrals and Rewards
Quickworksheets offers a referrals and rewards program. If you refer a new user to this site using the special URL provided under this program, and that user Upgrades to a Premium Account, you will receive a reward in the form of access to Premium Account features of this Site as detailed at http://quickworksheets.net/rewards.php.
Referrals will only be counted if they are through the special personalised URL provided. Rewards issued under this program have an agreed value of $0, and are not transferrable or redeemable for cash. Quickworksheets reserves the right to limit the aggregate Premium Account upgrade period rewarded under this program to a total of 24 months. If you refer a user who purchases a Premium Account and is subsequently granted a refund, you will cease to be eligible for your reward in respect to your referral of that user.
This program may be amended or withdrawn at any time at the complete discretion of Quickworksheets. Quickworksheets will be the final arbiter in the case of any disputes regarding this program.
5. Account Users and Security
Both the Basic Account and Premium Account are for single-user use. For the purposes of these Terms, a user is a natural person and not an incorporated entity. Multiple users (such as multiple teachers at the same school) shall each have a separate account to use the Site.
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 account activities that take place under your password, whether or not you have authorized such activities. You shall notify Quickworksheets immediately upon discovering any unauthorised use of your account. Quickworksheets recommend that as a security precaution you regularly change your password.
6. Restrictions on Use of the Site
Quickworksheets is for personal and educational use only. You may use worksheets created with the Site when undertaking a commercial activity provided that those worksheets do not form the principal basis upon which you make a profit. (An example of acceptable and unacceptable usage: You may profit from providing a language lesson where a component of the lesson is a worksheet created with the Site. You may not sell “worksheet creation services” whereby you profit from creating worksheets with the Site and distributing them.) You shall not sell worksheets created with the Site.
If you have a Basic Account, you shall not amend or remove the default footer that is attached to worksheets created using the Site, on originals or any copies.
You shall not input data to this site by way of an automated “robot” or computer program. You shall not provide access to the features of the Site from another website. You shall not extract output worksheet data from the site to display or edit by any other means.
7. Lawful Use
You agree to use the Site for lawful purposes only. In your use of the Site you shall not submit 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.
8. Ownership of Intellectual Property
All of the Site’s intellectual property, including copyright over worksheet design and layout, belongs to Quickworksheets. You may use worksheets created with the Site in any way, provided that your use complies with these terms.
You will own copyright over the content that you enter into the Site when creating worksheets using the Site (“Your Content”), however copyright over the design and layout of any completed worksheet 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, adapt, publish and display Your Content. If you choose to share Your Content with other users of the Site, you agree to extend this license to any user of the Site who accesses your shared content.
9. Privacy
You agree to the terms of the Privacy Policy. 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 and the Privacy Policy.
10. 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.
Should a security breach or other event occur Quickworksheets shall not be held liable for the consequences of loss or dissemination of the personal or non-personal data it holds.
11. 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. Any additional or different terms or conditions in any written or oral communication from you to Quickworksheets do not form part of this agreement.
Privacy Policy
Revision Date - February 2012
By using the website located at http://quickworksheets.net (“the Site”), you agree to the collection and use of your personal information as described in this policy.
If you use the contact form to contact us, or create a user account on the Site, we will collect and store the information that you provide. We use this information to facilitate the operation of the Site, and for internal business purposes. If you create a user account on the Site we may send you information related to your account or to changes to the services provided on Quickworksheets.net. We will not send you promotional mailings unless you opt-in to receiving news and special offers from us. You may opt-out of promotional mailings at any time.
We use Gravatar to provide avatars for this site. In order to generate these avatars we send an encrypted version of your e-mail address to Gravatar's servers. Your encrypted e-mail address is unreadable and cannot be easily decrypted. Gravatar will not (and cannot) use it to send you unsolicited e-mail.
If you create worksheets using the Site, the content you enter will be stored by Quickworksheets. This is to enable the "My Recent Worksheets" feature of the Site to function and to assist Quickworksheets with discovering bugs and improving the Site. The content you enter will not be made available to other Quickworksheets users unless you choose to share it using the "Share" feature of the Site, in which case it will be made available to other users and guests of the Site.
You may choose to terminate your account at any time by contacting us and requesting that we delete your account. Once we have terminated your account your personal information will be deleted from our servers and you will no longer receive communication from us. Any of Your Content that you have expressly chosen to share with other Quickworksheets users will remain available to them and will not be deleted. Residual copies of your information may remain in our offline backup system.
We will not sell or disclose your personal information without your express permission.
For logging purposes we collect limited usage information and the Internet Protocol addresses of our users. We use this information for internal business purposes and to prevent abuse of the services we offer at the Site. To facilitate various site features and track site usage we may store cookies on your computer.
Any information we collect may be transferred to and stored on computer servers in any country where we have storage facilities. By using the Site you consent to any such transfer and storage of information.
Comment and Moderation Policy
Revision 1 - September 2010
All comments and shared worksheet content will be reviewed by Quickworksheets prior to publication on the Site. Quickworksheets maintains complete discretion over whether or not to publish a comment or shared worksheet.
We are looking for constructive comments, ideas, and teaching tips from educators with experience using materials generated on this site in the classroom. We are also interested in comments suggesting improvements to the services we offer.
We will not publish spam or advertising of any kind, comments that are profane or in poor taste, comments that reveal any personal information or comments that may be libellous.
With regard to Intellectual Property, comments are classed as “Your Content” under the Terms of Use.
The views expressed in users’ comments and shared worksheet content do not necessarily reflect those of Quickworksheets or its owners.