Floq’s services are provided subject to these terms and conditions, which also incorporate our Privacy Policy, and any other guidelines, rules or operating policies that Floq may establish and post on our website from time to time (collectively the “Agreement”).

By using or accessing Floq, you agree to the terms of this Agreement. If you do not agree with any of the terms of this Agreement, please exit this website and cease using the Services immediately.

Floq and the websites, applications and services associated with this site are a product of and property of Floq Co. Pty Ltd, registered in Australia. This Agreement is between you and Floq Co. Pty Ltd.

We use Amazon’s AWS web servers (the “Servers”) to provide Floq.

 

1.      Changes to our Agreement

  1. We may make changes to the materials, services and the terms of this Agreement (including any additional terms) at any time. If Floq changes the terms of this Agreement, we will publish a change notice and/or send registered you an email notice of the changes.
  2. All such changes shall become effective upon posting of the revised Agreement on the Floq website.
  3. If any modification is unacceptable to you, cease using Floq and terminate your registration and/or subscription (if any). If you do not cease using Floq, you will be conclusively deemed to have accepted the change.

 

2.      Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Floq to share with others and how we collect and can use your content and information.  We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

 

3.      Subscriptions

Floq is available on a Subscription basis. When signing up for Floq:

  1. You become a Floq “Account” holder.
  2. You may be permitted to purchase and add additional “Sub-Accounts” to your Account.
  3. You are responsible for all activity that takes place on your Account and any associated Sub-Accounts.
  4. If you use a Sub-account, the Account holder has full control over your Sub-account and may alter, close or end the Sub-account at any time, as well as request information related to your use of the Sub-account, including machine and service use information, without notice to you.

 

4.      Registration and Account Security

We expect you to provide your real name and information, either as an individual or organisation and we need your help to keep it that way. Commitments you make to us relating to registering and maintaining the security of your account include:

  1. You will not provide any false personal information on Floq, or create an account for anyone other than yourself.
  2. You will not create more than one personal account.
  3. You will not impersonate any other person or entity, including Floq, or otherwise misrepresent your affiliation with any other person or entity.
  4. If we disable your account, you will not create another one without our permission.
  5. You will keep your contact information accurate and up-to-date.
  6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  7. You will not transfer your account to anyone without first getting our written permission.
  8. If you provide an Organisation Name for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about an Organisation Name that does not closely relate to your actual name).

 

5.      Payment

We are proud to make Floq available through both free and paid Subscriptions. When signing up for one of our higher level paid accounts:

  1. All paid subscription fees for use of Floq are payable to Floq Co. Pty Ltd.
  2. You agree to pay all fees and charges specified when you signed up for the Service and any part thereof.
  3. All fees are inclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Service.
  4. By authorizing Floq to charge a credit card for the fees associated with your subscription, you are authorizing Floq to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs Floq of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described below.
  5. We may change such fees at any time and in its sole discretion, provided that any such change shall become effective at the end of the then-current term of your Subscription. Floq will provide you with prior notice of any change in fees to allow you to cancel your subscription prior to the end of the then-current term of your Subscription.
  6. You authorize the card issuer to pay any amounts described herein and authorize Floq, or any other company that acts as a billing agent for Floq, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full.
  7. You agree to provide Floq updated information on your credit card upon Floq’s request and any time the information earlier provided is no longer valid.
  8. If payment is not received by Floq from your credit card issuer or its agents, you agree to pay all amounts due upon demand by Floq.
  9. A cancellation of a Subscription requested by you through your account page will become effective on the date that the then-current Subscription period expires.
  10. If you have elected to pay the fees by credit card, you hereby warrant that the credit card information provided by you is correct, and you shall promptly notify Floq of any changes to such credit card information.
  11. You acknowledge and agree that if your credit card payment cannot be processed for any reason, Floq may suspend or cancel your Subscription.

 

6.      Automatic Renewal of Subscriptions

  1. When you sign up online for Floq, your annual subscription will be set to automatically renew upon its expiration. This means that unless you cancel your account or change its renewal settings prior to its expiration, your account will automatically renew.
  2. At the time of renewal, we will charge your credit card the then-current fees to renew the Service, based upon the Subscription program (annual, quarterly, monthly, etc.) that you have chosen.
  3. About thirty (30) days prior to your expiration date we will notify you by email to your Floq email address that your account is about to renew and remind you that your credit card will be billed the indicated fees on the renewal date.
  4. You may change your renewal settings at any time by going to the Account page at any time prior to the end of the then-current Subscription.

 

7.      Free Trial Period

We may offer you a one-time free trial period during which you can try out Floq’s paid account levels for free (“Free Trial Period”).

  1. If you participate in a Free Trial Period, you must cancel the Service by the end of the trial period to avoid incurring charges.
  2. If you do not cancel the Service before the Free Trial Period expires, and we have informed you that the Service will automatically be converted into a paid subscription at the end of the Free Trial Period, then you authorize us to charge your credit card the applicable fees as indicated at the time you signed up for the Service.
  3. During the Free Trial Period, you agree that Floq will have the right to send you communications, notices and news about the Service to your email address and to any alternate email address you may have provided. You can revoke your consent to receiving these communications at any time during the Free Trial Period.
  4. Floq reserves the right to modify, cancel and/or limit this Free Trial Period offer at any time.
  5. You may cancel your account at any time during the Free Trial Period by going to the Accounts section.

 

8.      Private and Public Beta

From time to time, we may offer new and/or updated features of the Floq (the “Beta Features”) as part of a Private or Public Beta Program (the “Program”) for the purpose of providing Floq with feedback on the quality and usability of the Beta Features.

  1. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Floq, and that we are not obligated to provide you with any Beta Features.
  2. You understand and agree that we may collect and use certain information from your account, devices and peripherals in order to enrol you in a Program and/or determine your eligibility to participate.
  3. You understand that once you enrol in a Program you may be unable to revert back to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version.
  4. Your use of the Beta Features and participation in the Program is governed by this Agreement.
  5. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk.
  6. We may or may not provide you with technical and/or other support for the Beta Features.
  7. We reserve the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time.
  8. You acknowledge that we have no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features.
  9. As part of the Program, we will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that we will be free to use any feedback you provide for any purpose.

 

9.      Intellectual Property Rights

We have worked hard to make Floq brilliant for you and appreciate your help in maintaining our Intellectual Property Rights:

  1. All information appearing on Floq, including documents, screens, services, application design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Floq, its affiliates, or its third party licensors.
  2. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
  3. We grant you a limited, personal, non-exclusive and non-transferable license to use and to display Floq’s content solely for your personal use in connection with the Application and Services.
  4. We reserve all rights in the Application and the Services that are not expressly granted.
  5. Nothing in this Agreement shall be deemed to assign or transfer to you any rights to any such intellectual property.
  6. You acknowledge and agree that other content made available to you through Floq may be subject to the intellectual property rights of third parties.
  7. You acknowledge and agree this is an Agreement for the Services, and you are not granted a licence to any software under this Agreement (except to the extent required for you to use Floq).
  8. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms (the “Software”) of, or found at or through Floq or any software, documentation, or data related to Floq; remove any proprietary notices or labels from Floq; reproduce or copy the Software or the Services or any part thereof; modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
  9. Except as expressly permitted in this Agreement, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Floq content in any manner. This limited license terminates automatically, without prior notice to you, if you breach any term of this Agreement. Except for the limited rights granted hereunder, you acknowledge that you have no right, title or interest in or to any Floq content or materials.

 

10.   Your Content and Information

You own all of the content and information you publish on Floq, and you can control how it is shared through your privacy and application settings. In addition:

  1. For content that is covered by intellectual property rights, like logos, photos and videos (Your Content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of Your Content that you publish on or in connection with Floq (IP License). This IP License does not end when you delete Your Content or your account.
  2. We may use your Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sub-licensable, transferable rights to use your Your Content for any purpose. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your Your Content.
  3. You also irrevocably grant the users of Floq and any Other Media the right to access your Your Content in connection with their use of Floq and any Other Media.
  4. You irrevocably waive, and cause to be waived, against Floq and its Users any claims and assertions of moral rights or attribution with respect to your Your Content.
  5. When you delete Your Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others except questions, answers, responses and surveys that you contribute to Floq in an anonymous form).
  6. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Floq, to access and use that information.
  7. We do not accept any responsibility or liability for any information or material which you submit or post on Floq, nor do we accept any responsibility for any use or misuse which you make of information or material which you submit to Floq.
  8. Floq reserves the right to purge your Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any Content uploaded to Floq by you or received by you through the use of the Services. Floq shall not be liable for any purging, deletion or failure to retain any such Content.
  9. We always appreciate your feedback or other suggestions about Floq, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

 

11.   Safety

We do our best to keep Floq safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  1. You will not send or otherwise publish unauthorized commercial communications (such as spam) on Floq.
  2. You will not collect users’ content or information, or otherwise access Floq, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Floq.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not publish content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  7. You will not use Floq to do anything unlawful, misleading, malicious, or discriminatory.
  8. You will not do anything that could disable, overburden, or impair the proper working of Floq, such as a denial of service attack.
  9. You will not mislead the recipients of a survey about whether or not you have the ability to associate individual responses to that survey with the individual email addresses to which that survey was sent.
  10. You agree that Floq may disclose any of your content or information to the extent required by a court of law, stock exchange, governmental department or regulatory authority having jurisdiction over Floq or pursuant to any applicable legislation or regulation.
  11. You will not facilitate or encourage any violations of this Agreement.

 

12.   Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same. Your commitment to the Floq community includes:

  1. You will not publish content on Floq that infringes someone else’s rights, copyright or otherwise violates the law.
  2. We can remove any content or information you publish on Floq if we believe that it violates this Agreement.
  3. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
  4. You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission.
  5. While using Floq to collect information from Users, you will: obtain their consent, make it clear you (and not Floq) are the one collecting their information, and at all times comply with the Privacy Act 1988 or any other similar and applicable legislation.
  6. You will not publish anyone’s identification documents or sensitive financial information on Floq.

 

13.   System Requirements

We do our best to keep Floq as widely compatible with current technology as possible, but we cannot guarantee it.

  1. You acknowledge that in order to use Floq, a modern browser such as Internet Explorer 7+, Firefox 3+, Safari 3+ or Google Chrome 9+ is required. Additionally, a stable connection to the Internet is required. Floq may work in a limited manner on other web browsers, but the Services were not designed for use on web browsers other than those recommended above.

 

14.   Provision of the Application

We do our best to keep Floq continuously available, but we cannot guarantee it. You acknowledge and agree that:

  1. From time to time down-time, either scheduled or unscheduled, may occur. We will work within reason to ensure this amount of down-time is limited.
  2. We will not be held liable for the consequences of any down-time.
  3. We reserve the right at any time to modify, update, interrupt, suspend, or discontinue, temporarily or permanently, Floq or any part thereof, without notice or liability.
  4. We shall not be liable to you, or to any third party, for any modification, suspension or discontinuance of Floq.
  5. Floq is provided “as is,” “where is,” “as available,” and “with all faults,” and that we have no responsibility or liability for the loss or deletion of, or failure to receive, process, or store any user content maintained or transmitted using the services.
  6. We make no representations or warranties regarding the suitability, reliability, availability, timeliness, quality, or lack of viruses, or other harmful components of Floq, or the accuracy of such information, software, products and services.
  7. You acknowledge and agree that the information, software, and services contained in or available through Floq, including that made available by other users of Floq, may include inaccuracies or errors.
  8. You acknowledge and agree that you, and not Floq, are responsible for evaluating the accuracy, reliability, completeness, and usefulness of any information obtained through Floq.
  9. To the fullest extent permitted by applicable law, Floq, its affiliates, and their respective directors, officers, employees, servants and agents hereby disclaim all warranties, express or implied, with regard to such information, software, products or services, including any warranty of non-infringement of third party rights, and the implied warranties of merchantability and fitness for purpose.
  10. We may allow you to access and interoperate with third party websites, software applications and data services including rich internet applications (“Third Party Offerings”).  Your access to and use of any Third Party Offering, including any goods, services or information, is governed by the terms and conditions respecting such offerings.  Third Party Offerings are not owned or provided by Floq.
  11. In the case of changes that significantly impact Floq in a negative manner, you are entitled to cancel your Subscription.

 

15.   Support

We endeavour to provide support for both our free or paid account holders. We need your help to do that, and expect your understanding that:

  1. We will reply to support issues via email for free accounts and via email or phone for paid accounts depending on your needs.
  2. We reserve the right to limit each telephone call to half an hour and to limit each call to a single support issue or question.
  3. We may also limit or terminate our support to you if you use Floq in an irregular, excessive, abusive or fraudulent manner.
  4. Support response times as indicated on our website are an indication only, and should be taken as such.
  5. We cannot guarantee that you will not experience some delay in our support team answering your query – as call volumes fluctuate so too will response time.
  6. Support inquiries are limited to the following areas: upgrade assistance, basic usability and basic functionality.
  7. We do not claim to resolve connectivity issues caused by third-party services, service providers, hardware or software, or networking problems, nor does it include application consulting or training. The determination of the nature of your query for these purposes will be made by our support team.

 

16.   Limitations and Exclusions of Liability

We will do our best to provide the best service quality possible; however we expect your understanding, specifically that:

  1. To the extent permitted by law, in no event shall Floq, its affiliates, or their respective directors, officers, employees, servants or agents be liable for any direct, indirect, punitive, incidental, special or consequential claims, demands, damages, liabilities and costs, including damages for lost profits, lost revenue, loss of use or data, or costs of cover, arising out of or in connection with your use of Floq, whether based on contract, tort, strict liability or any other legal theory, even if Floq has been advised of the possibility of such damages, including damages arising out of:
    • Your use of or reliance on any information or materials (including survey or poll results or responses) obtained through the use of Floq.
    • Any breach of this Agreement by you.
    • Any other use of Floq by a third party using your account (whether or not authorized by you).
    • The use or performance of, the delay in providing, the failure to provide, or the inability to use Floq.
    • Any information, software, products or services contained in or available through Floq, including information, software, products and services made available by other Users of Floq.
    • Unauthorized access to or alteration of any transmissions or data, any material or data sent or received or not sent or not received, or any transactions entered into through the application or the services or in reliance upon any information obtained through the use of Floq.
    • Any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of a third party’s rights, including intellectual property rights.
    • Any content sent using, or included in Floq by any third party.
    • If user is dissatisfied with any portion of the application or the services, user’s sole and exclusive remedy is to terminate this agreement and discontinue using Floq.
  2. To the extent permitted by law, in the event that, notwithstanding the foregoing exclusions of liability, Floq, any of its affiliates, or any of their respective directors, officers, employees, servants or agents is liable to you for any amounts under this agreement under any theory of recovery, whether based on contract, tort, strict liability or otherwise, Floq’s (or such affiliates’, director’s, officer’s, employee’s, servant’s or agent’s, as applicable) total liability in respect of such amounts shall not exceed the greater of; the amount of one hundred Australian dollars ($100.00), and the amounts actually received by Floq from you under this agreement.
  3. You acknowledge and agree that without the foregoing exclusions and limitations of liability, Floq would not be able to offer the application or the services, and that such exclusions and limitations of liability shall apply, even if they would cause your remedies under this agreement to fail of their essential purpose.
  4. These terms and conditions exclude to the maximum extent permitted by law any warranty or condition implied by common law, practice or statute and these terms and conditions do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

 

17.   Termination

If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Floq to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

  1. Upon termination of this Agreement, we shall not be obliged to retain any of your content (including survey or poll results or responses) or to provide the same to you, but may elect to do so in our sole discretion.
  2. Upon termination of this Agreement for any reason, you shall immediately cease all use of Floq
  3. Upon termination we may, in our sole discretion, take any measure we reasonably deem necessary to prevent further use by you of Floq.
  4. Your violation of the letter or spirit of this Agreement shall not entitle you to a refund of any unearned Subscription fees previously paid by you.

 

18.   Disputes

  1. If we remove you or your content for violating the letter or spirit of this Agreement, and you believe we removed it or you by mistake, we will provide you with an opportunity to appeal.
  2. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Western Australia.
  3. You irrevocably submit to and accept generally and unconditionally the non-exclusive jurisdiction of the courts and appellate courts of Western Australia with respect to any legal action or proceedings which may be brought at any time relating in any way to these terms and conditions.
  4. If anyone brings a claim against us related to your actions, content or information on Floq, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
  5. We try to keep Floq up, bug-free, and safe, but you use it at your own risk. We are providing floq as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that floq will be safe or secure.
  6. We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
  7. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement or Floq, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this Agreement or floq will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months.

 

19.   Definitions

  1. By “Floq” we mean the web-application, software, features, services and information we make available, including through (a) our website at www.floqapp.com, or web-application at the.floqapp.com, www.floq.co  and any other Floq branded or co-branded websites (including sub-domains, international versions, widgets, mobile versions and APIs).
  2. By “you” we mean any Floq account holder, whether that be an individual, or corporation or other legal entity, or any duly authorized agent or agents of that entity.
  3. By “User” we mean any Floq Account holders, Sub-Account holders or individual survey Respondents.
  4. By “we”, we mean Floq, as owned by Floq Co. Pty Ltd.
  5. By “information” we mean facts and other information about you, including actions you or your respondents take.
  6. By “content” we mean anything you or others publish through Floq that would not be included in the definition of information, including surveys, questions and all results and responses.
  7. By “data” we mean content and information that third parties can retrieve from Floq or provide to Floq.
  8. By “publish” we mean publish, distribute, print, export, send via email, social media, web link, embedded iframe, website pop-up or any other means to distribute information and content, on or through Floq or otherwise make available to us and others through Floq.
  9. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works.
  10. By “Application” we mean the web-application, software, features, services and information we make available through Floq and any other Floq branded or co-branded websites (including sub-domains, international versions, widgets, mobile versions and APIs).
  11. By the “Software” we mean the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through Floq.
  12. By “respondent” we mean any individual that you publish a Surveys to either directly through email, or indirectly through social media, web link, embedded iframe, website pop-up or any other form of publication media, digital or physical.
  13. By Survey we mean all surveys, polls, quizzes, questionnaires, reports, tests and any other content you create through the Survey or Reporting section of Floq.
  14. By Services we mean the web-application, software, features, services and information we make available through Floq.
  15. By your “Your Content” we mean anything created by you covered by intellectual property rights, like logos or photos.
  16. By “Other Media” we mean third party websites, media platforms, software applications and data services including rich internet applications not owned or operated by Floq Co. Pty Ltd
  17. By “Third Party Offerings” we mean third party websites, software applications and data services including rich internet applications.

Floq and the websites associated with this site are a product of and property of Floq Co. Pty Ltd (ABN 12 158 880 169), Post Box 1821, Applecross, Western Australia, Australia. 6953.