MarkSense by NL English Academy

Terms & Conditions

Last Updated: 12 March 2026

1. Parties and Agreement

These Terms and Conditions (“Agreement”) constitute a legally binding agreement between NL English Academy (ABN 87664764818), trading as MarkSense (“the Provider,” “we,” “us,” or “our”), and the individual or entity accessing the Service (“the User,” “you,” or “your”). By accessing or using the MarkSense platform (“the Service”), you acknowledge that you have read, understood, and agree to be bound by these terms.

2. Governing Law

This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

3. Definition of Subscription Period

For the purposes of billing and service provision, a "monthly" subscription is defined as a fixed twenty-eight (28) day billing cycle (comprising four consecutive seven-day weeks). All fees are inclusive of Goods and Services Tax (GST) unless otherwise stated.

4. Submission Quotas and Credit Logic

4.1 Weekly Subscription Allowance

Active subscribers are allocated a recurring quota of ten (10) paper submissions per seven-day period (“the Weekly Allowance”). This allowance is a non-transferable benefit of the active subscription tier.

4.2 Non-Accumulative Reset Schedule

The Weekly Allowance is subject to a strict expiration policy:

  • Reset Schedule: At 12:00 AM (AEST/AEDT) every Monday, the system will automatically refresh the Weekly Allowance to ten (10) submissions.
  • Forfeiture of Unused Credits: Any portion of the Weekly Allowance remaining unused at the time of the Monday reset is forfeited. Submissions do not accumulate, stack, or roll over into subsequent weeks.

4.3 Supplemental Top-Up Tokens

Users may purchase supplemental submission credits (“Top-Up Tokens”) subject to the following conditions:

  • Validity: Top-Up Tokens do not expire and remain associated with the user’s account until consumed, provided the account remains active and in good standing.
  • Consumption Hierarchy: To ensure maximum value for the User, the system is programmed to prioritize the Weekly Allowance. Top-Up Tokens will only be debited once the current Weekly Allowance has been fully exhausted.
  • Independence from Reset: Top-Up Tokens are exempt from the Monday 12:00 AM reset and will remain in the user's balance until utilized.

5. Refund Policy and Finality of Sale

5.1 Finality of Transaction

All payments made to the Provider, including subscription fees and Top-Up Token purchases, are final and non-refundable. By initiating a submission, you acknowledge that the digital service is performed and consumed immediately upon the delivery of the AI-generated feedback.

5.2 Subscription Renewals

Subscriptions are billed in advance. No pro-rata refunds or credits will be issued for partial billing cycles, periods of account inactivity, or unused Weekly Allowances. It is the user’s sole responsibility to manage their subscription and effect cancellation prior to the commencement of the next 28-day billing cycle.

5.3 Technical Interruptions

In the event of a verified system failure where a submission credit is deducted without the delivery of feedback, the Provider will, at its sole discretion, restore the affected credit to the user’s account. No monetary refunds will be issued for technical interruptions.

5.4 Australian Consumer Law (ACL)

Nothing in this Agreement is intended to exclude, restrict, or modify any non-excludable statutory rights or guarantees provided under the Competition and Consumer Act 2010 (Cth). Refunds will only be provided in circumstances where the Service is subject to a “major failure” as defined by the ACL.

6. Termination and Account Deletion

6.1 Right to Terminate

The Provider reserves the right to suspend or terminate your account and access to the Service at its sole discretion, without prior notice or liability, for any reason, including but not limited to a breach of these Terms and Conditions.

6.2 Account Deletion

Upon termination, the Provider reserves the right to permanently delete the User’s account, including all submitted content, historical feedback, and associated data.

6.3 Termination for Convenience

The Provider may cease providing the Service or terminate an account for convenience. In such instances, where no breach of terms has occurred, the Provider may, at its discretion, provide a pro-rata refund for pre-paid, unused Top-Up Tokens.

7. Disclaimer of Liability and "No Liability" Clause

7.1 No Liability for Feedback Errors

The Service provides automated, AI-generated feedback for educational guidance. The Provider does not warrant the absolute accuracy, completeness, or pedagogical suitability of the feedback. The Provider is not liable for any faults, omissions, or errors in the output generated by the Service.

7.2 Limitation of Damages

To the maximum extent permitted by law, NL English Academy and MarkSense shall not be liable for any indirect, incidental, or consequential damages—including, but not limited to, loss of academic standing, loss of grades, or other reputational or financial loss—arising from the use of, or inability to use, the Service.

8. Academic Integrity

The Service is intended as a supplemental educational tool for feedback and guidance only. The User acknowledges that submitting AI-generated feedback as their own original work may violate the academic integrity policies of their respective educational institutions. The Provider assumes no responsibility for any academic disciplinary actions or consequences taken against the User.

9. Prohibited Conduct and Fair Use

Accounts are for individual use only. The User shall not share their login credentials or allow third parties to access the Service via their account. The Provider reserves the right to monitor usage patterns and terminate accounts that exhibit signs of unauthorized multi-user access or automated scraping.

10. Intellectual Property and Use License

10.1 User Content

You retain ownership of content submitted to the Service. By submitting content, you grant the Provider a limited, royalty-free license to process and store said content for the sole purpose of delivering marking and feedback services.

10.2 License to Use

Permission is granted for personal, non-commercial transitory use of the Service. This is a license, not a transfer of title. You may not reverse engineer, modify, or commercially exploit any software or materials contained within the Service.

11. Amendments

The Provider reserves the right to modify these Terms and Conditions at any time. Users will be notified of material changes via the Service or email. Continued use of the Service following such notification constitutes formal acceptance of the revised terms.

12. Contact Information

Correspondence regarding these Terms and Conditions should be directed to the Provider via the official Contact Page on the MarkSense website.