Site Disclosure

After careful consideration and extensive discussion, we made an executive decision to compile our privacy policy, terms, and related information into a single comprehensive page.

It truly is a no-brainer for streamlining communication and ensuring clarity for our users.

In this initial section, we aim to communicate with you in a friendly, straightforward manner, but please be aware that in the following sections, our tone will shift, and we will not be addressing you as a mate but rather a generic user.

The terms and privacy policy we present here are designed to protect both you and us from any potential misconduct or misunderstandings that may arise.

You can check and change your Google date/activity here, or manage your Facebook ad preferences here. This way, only our valued customers contact us, reducing the number of unsolicited telecommunications.

Last Updated: 9 February 2026

1. Introduction & Governing Law

Please review the following terms and conditions ("Terms") governing the use of this website ("Site"), operating under the domain Marksy.com.au, which is managed by a registered individual/sole trader (hereinafter referred to as "we", or "us").

We reserve the right to withhold any personal information that could endanger the safety and the livelihood of any freelancers, subcontractors or employees. We will refer to the visitor or entity accessing the Site as ("you", "yours", "visitor" and "user").



By accessing and/or utilising the Site, you agree to comply with these Terms. We urge you to read them carefully, and if you find any part disagreeable, please cease use of this Site immediately.

Your use of the Site and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the jurisdiction of the courts in New South Wales, Australia, as well as any courts authorised to hear appeals from those courts.

2. Payments, Refunds & Cancellations

Payments for subscriptions or premium features must be made in full prior to the commencement of service, unless otherwise specified by the sole proprietor of the business and verified by a trusted witness. We place a high priority on ensuring that all financial commitments are honoured, as we do not allocate resources or dedicate time to a service that could result in unpaid debts.

In the unfortunate event that we are unable to recover funds for the time and effort expended on the service, appropriate measures will be enforced to protect our business interests.

• Currency: All products and services, referred to as "Educational Tools" and "Gamified Services," are priced in Australian dollars (AUD). Refunds will be processed in the same currency.

• No Lock-in: Our subscription tiers and premium modules come with a no lock-in contract. You can enjoy the benefits of the service without being tied down to a long-term commitment.

• Consumer Law: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures, you are entitled to cancel your contract and receive a refund for the unused portion.



• Rectification: For non-major failures, we commit to rectifying the issue within a reasonable time (30 days, or before the next subscription due date).

3. Intellectual Property

Unless otherwise stated, we own the intellectual property rights for all material on Marksy.com.au. This includes, but is not limited to, the economic logic, flashcard algorithms, original curriculum content, and the Site's visual design.

• Usage: You may access this from Marksy.com.au for your own personal use, subject to restrictions set in these Terms.

• Prohibitions: You must not republish, sell, rent, sub-license, or redistribute our content without express written permission.
  

4. User Conduct

To maintain the "True Blue" spirit of the platform, users agree to use the Site for lawful purposes only. We have a zero-tolerance policy for:

• Exploits: Attempting to manipulate the "Clams" or "Pearls" ledger through botting or script injection.

• Abuse: Harassing other users or platform staff.

• Scraping: Using automated tools to harvest educational content for use on competing platforms.

Violation of these conduct rules may result in immediate account termination without refund.

5. Data Collection & Privacy

The processing of your personal information—meaning any information which may potentially allow your identification with reasonable means—is to fulfil contractual obligations and provide educational products or services.

What We Collect

• Identity Data: Name and email addresses for account management and progress tracking.

• Gamification & Performance: We track your progress with flashcards and quizzes, including accuracy and "time on task." These metrics are linked to your profile via a Unique Identifier (UID) to facilitate a personalised learning journey.

• Virtual Economy: We log the acquisition and transaction history of in-game rewards ("Clams" and "Pearls"). This ledger is maintained to ensure account integrity and prevent exploits within the learning ecosystem.

• Usage Data: Session times and interactions are monitored to conduct statistical analysis and enhance the learning algorithms of the Site.

Use & Disclosure

We do not rent, sell, or share user information with third parties, except as outlined here:

• Internal Use: Communicating with you regarding your progress, providing learning services, and displaying relevant educational updates.

• Industry Research: We may use aggregated, de-identified data to create white papers or research studies for industry partners in the education and cognitive science sectors.

• Differential Privacy: Where possible, we apply mathematical noise (Differential Privacy) to research datasets to ensure that individual users cannot be re-identified by third parties.

• Legal Compliance: We may disclose information if required to comply with laws, enforce policies, investigate issues, or collaborate with law enforcement.
  

6. Disclaimers & Liability

While we strive for academic excellence, we provide the Site on an "as is" basis.

• No Guarantee of Outcome: We do not guarantee that using our tools will result in specific academic or professional success. Learning requires personal effort and Stoic discipline.

• External Links: We are not responsible for the content or privacy practices of external sites linked within this document (e.g., Google or Facebook settings).



• Limitation of Liability: To the maximum extent permitted by New South Wales law, we shall not be liable for any indirect, incidental, or consequential damages arising out of your use of the Site.
  

7. International Use

We operate solely within Australia; however, we are not strictly restricted by our sovereign borders. While our primary business activities take place within Australia, we remain open to processing payments and conducting transactions that may extend beyond our usual jurisdiction.

In such cases, we commit to fully complying with the legal requirements and regulations of the respective country in which the transaction occurs.

8. Your Rights & Amendments

You have the right to receive a complete copy of the personal information you have provided to us in a structured, commonly used, and machine-readable format.

• Amendments: We reserve the right to periodically update or modify our Site Disclosure. Notable changes will take effect immediately upon posting.

• Consent: By continuing to use the Platform after updates are posted, you acknowledge and consent to the modifications.

Contact

If you have any general inquiries about the Site or the information we collect and its usage, please reach out to us at projects@marksy.com.au.