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Terms and Conditions

Introduction

  1. These terms and conditions apply between you the User, and Qlix, the owner and operator of this Service. The Service includes both the mobile app, Qlix, and the website, qlixapp.com (including any sub-domains, unless the subservice is expressly excluded by their own terms and conditions). Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Service. If you do not agree to be bound by these terms and conditions, you should stop using the Service immediately.
  2. In these terms and conditions, “User” or “Users” means any third party that accesses the Service and is not either:
    • employed by Qlix and acting in the course of their employment or
    • engaged as a consultant or otherwise providing services to Qlix and accessing the Service in connection with the provision of such services; or
    • a student accessing QlixGo under the authority of a school, teacher or tutor, whose access is governed by the “Student access to QlixGo” section of these terms.
  3. You must be at least 18 years of age to register for or hold a Qlix account. By registering with the Service and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
  4. Students who access QlixGo to complete work set by their teacher do not register an account and are not Users for the purposes of these terms and conditions. Student access is governed separately by the “Student access to QlixGo” section below.
  5. Qlix does not provide the Service to residents of Hong Kong. If you access the Service from Hong Kong, you may only continue if you are not a Hong Kong resident. By using the Service, you represent and warrant that you are not a Hong Kong resident.

Territorial restrictions

  1. The Service is not offered to users who are residents of Hong Kong. We may detect access from Hong Kong (including by IP address) and restrict or block use of the Service accordingly.
  2. Schools and institutions established in Hong Kong may not use the Service, and Users may not grant QlixGo access to students located in Hong Kong.
  3. If you believe you have been incorrectly identified as accessing from Hong Kong, or if you have questions about availability in your location, please contact us using the details at the end of these terms and conditions.

Intellectual property and acceptable use

  1. All Content included on the Service, unless uploaded by Users, is the property of Qlix, our affiliates or other relevant third parties.
  2. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users.
  3. By continuing to use the Service you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
  4. You may, for your own personal, non-commercial use only, do the following:
    • retrieve, display and view the Content on a computer screen
    • retrieve, display and view the Content on a mobile screen
  5. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Qlix.
  6. You acknowledge that you are responsible for any Content you may submit via the Service, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Service any Content that:
    • is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable;
    • may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or
    • may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Service.
  7. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Qlix for all claims resulting from Content you supply.

Prohibited use

  1. You may not use the Service for any of the following purposes:
    • in any way which causes, or may cause, damage to the Service or interferes with any other person's use or enjoyment of the Service;
    • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    • making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

  1. You must ensure that the details provided by you on registration or at any time are correct and complete.
  2. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
  3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
  4. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Service. Cancellation or suspension of your registration does not affect any statutory rights.

Student access to QlixGo

  1. QlixGo is a limited-access surface that allows students to view and submit work set by their teacher. It is provided as part of the Service to Users who are teachers, tutors or schools.
  2. No student account. Students do not register an account, do not provide payment information, and do not enter into a contractual relationship with Qlix. Access is granted by the teacher through a short access code or link and may be withdrawn by the teacher at any time.
  3. Roles. Where the Service is provided to a school, academy trust or other institution, that institution is the data controller for student personal data and Qlix is the data processor, governed by the Qlix Data Processing Agreement. Where the Service is used by an independent private tutor, the tutor is the data controller and Qlix is the processor, under the same Data Processing Agreement. In both cases Qlix remains an independent controller for account, billing and support data as described in the Privacy Policy.
  4. School and tutor responsibilities. The school or tutor is responsible for:
    • determining and documenting the lawful basis for processing student personal data;
    • providing privacy information to students and, where applicable, parents or guardians;
    • obtaining any consent required under applicable law;
    • determining which students may access QlixGo and ensuring that access is age-appropriate and appropriately supervised;
    • ensuring that any personal data entered into the Service is accurate and lawfully held;
    • responding, in the first instance, to requests from students, parents or guardians to exercise data protection rights.
  5. Qlix commitments regarding student data. Qlix will not:
    • use student personal data for any purpose other than providing the Service on the controller's instructions;
    • use student personal data to train, fine-tune or improve any artificial intelligence model;
    • serve advertising to students or use student data for marketing, profiling or audience targeting;
    • sell, rent or otherwise disclose student personal data to third parties except to the sub-processors listed in our Privacy Policy, or where required by law.
  6. Student names are replaced with pseudonymous tokens before any content is transmitted to a third-party AI model.
  7. Teaching resources. Users must not enter student personal data into teaching resources. Resources are intended for teaching content only and may be shared with colleagues or published. Student personal data belongs in assessment and markbook records, which are not shareable.
  8. Deletion. The school or tutor may request deletion or export of student personal data at any time. Qlix will action such requests within 30 days.

Privacy Policy

  1. Use of the Service is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference.

Availability of the Service and disclaimers

  1. Any online facilities, tools, services or information that Qlix makes available through the Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Qlix is under no obligation to update information on the Service.
  2. Whilst Qlix uses reasonable endeavours to ensure that the Service is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  3. Qlix accepts no liability for any disruption or non-availability of the Service.
  4. Qlix reserves the right to alter, suspend or discontinue any part (or the whole of) the Service including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Service unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these terms and conditions will:
    • limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
    • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
    • limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. To the extent that the Service and Content are provided free of charge or on a free trial, we will not be liable to you for any loss or damage of any kind.
  3. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  4. To the maximum extent permitted by law, Qlix accepts no liability for any of the following:
    • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    • loss or corruption of any data, database or software;
    • any special, indirect or consequential loss or damage.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Service from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the current version.
  3. These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  4. The Contracts (Rights of Third Parties) Ordinance (Cap. 539) shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  7. This Agreement shall be governed by and interpreted according to the laws of Hong Kong SAR and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Hong Kong SAR.

Company details

  1. Qlix is Qlix Limited, a company incorporated in Hong Kong SAR with company number 74458271, whose registered address is Rooms 1703-1704, 17/F Tung Chiu Commercial Centre, 193 Lockhart Road, Wan Chai, Hong Kong SAR, and it operates the Website qlixapp.com and mobile app Qlix.
  2. You can contact Qlix by email on info@qlixapp.com.