Terms of Use and Privacy Policy

Terms of Use

  1. Acceptance

This website is provided by Lockpick Games Pty Ltd ABN 83 653 862 125. By using this website, web browser game, logging in or clicking a box that states you agree to these terms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“ToS”), which may be updated from time to time without notice to you. If you do not agree to the terms outlined in the ToS you may not use the website. When using the website and web browser game, you will also be subject to the Lockpick Games Privacy Policy and any posted guidelines, policies or rules applicable to specific features of the website and game.

 

  1. Personal Information

In the course of using the website, you and other users may provide or post certain content or information which may be used by Lockpick Games in connection with the Software. More for information see the Lockpick Games Privacy Policy.

  1. Registration

As a condition to using the website, you may be required to register and select a password and username or provide additional contact information (hereafter referred to as the “Registration Data”). You must provide Lockpick Games with accurate, complete, and updated Registration Data. You may not select or use as a User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. Lockpick Games reserves the right to refuse registration of or cancel Registration Data in its discretion. You shall be responsible for maintaining the confidentiality of your password and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone. Upon completion of the Registration Data, you certify: that you are 18 years of age or older, if signing up for a paid account; to provide true, accurate, current, and complete information about yourself and any other users of the account as required by the Site’s registration form to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

 

  1. Prices and Subscription Fees

The prices associated with each game or subscription and other charges are subject to change without notice.

 

  1. Termination

Lockpick Games, in its sole discretion, reserves the right to terminate your account or any part thereof if you fail to comply with the terms outlined in the ToS. Lockpick Games may, in its sole discretion, terminate access to the Site or Software without notice. You agree that Lockpick Games shall not be liable to you or any third party in the event of such termination of access to the Site or Software.

 

  1. Privacy

By using our website, web browser game or services, you agree that Lockpick Games can use such data in accordance with our Privacy Policy

  1. Disclaimers of Warranties

The website and web browser game are provided “as is”, and without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, availability and compatibility. No warranty is made that the service will be error-free, that errors will be corrected, that the website and web browser game will be uninterrupted or secure, that the website and web browser game will meet your expectations, or that the website and web browser game or the servers that make such content available shall be free of viruses or other harmful components. Any material obtained through the use of the website and web browser game is done so at your own discretion and risk and Lockpick Games shall not be responsible for any damage or loss of data that results from obtaining such material. No warranty is made regarding the use or results of use of the website and web browser game, or any portion thereof. Any advice or information, whether oral or written, obtained by you from Lockpick Games shall not create any warranty not expressly stated in the TOS.

 

  1. Limitation of Liability

Lockpick Games has provided the website and web browser game “as is” and shall not be liable for any direct, indirect, incidental, special or consequential damages including but not limited to lost profits, personal injury, property damage, loss of data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from:

(A) the use of or inability to use the service;

(B) the conduct or actions, whether online or offline, of any user of the website and web browser game;

(C) unauthorized access to or alteration of your transmissions or data; or

(D) any other matter relating to the website and web browser game.

In no event shall our total liability to you for all damages, losses, or any other claims related to the website and web browser game whether in contract, tort or otherwise exceed the amount paid by you, if any, or $100 AUD, whichever is less.

 

  1. Indemnity

You agree to indemnify and hold harmless Lockpick Games, its affiliates, successors and assigns, distributors, agents, or other authorized users, and all those stockholders, directors, owners, employees, and agents from all third-party claims, demands, damages, losses, liabilities and costs, including reasonable attorneys’ fees, through your use of the website and web browser game, your connection to the website and web browser game, any breach by you of the ToS arising out of your use of the website and web browser game, or your violation of any rights of another.

 

  1. Links and Advertising

The website and web browser game may provide links to third party websites or resources. Lockpick Games has no control over the quality, suitability, availability, or legality of these external web sites and resources, and as such makes no representation or warranty of any kind. You hereby waive any claim you may have against Lockpick Games with respect to such sites. Lockpick Games is not responsible for any third party website or resources that are contained outside of the Site.

 

  1. Severability

If any term or provision of the TOS is held to be void or unenforceable, that term or provision will be severed from the TOS, the balance of the TOS will survive, and the balance of the TOS will be reasonably construed to carry out the intent of the parties as evidenced by the terms of this ToS.

 

  1. Governing Law and Arbitration

This ToS shall be governed by and construed in accordance with the laws of New South Wales and and you agree to submit to the jurisdiction of the Courts of New South Wales in respect of any matter relating to the ToS.

 

  1. Modifications to website and web browser game

Lockpick Games reserves the right to modify or temporarily discontinue the website and web browser game at any time and from time to time without notice to you. You agree that Lockpick Games shall not be liable to you or any third-party for any modification or temporary discontinuance of the website and web browser game. Liability is limited to the paid membership fee or game fee, pro-rated to the time remaining on the membership fee, in the event of a permanent discontinuance of the website and web browser game.

 

  1. Use of website and web browser game

The website and web browser game are for your personal use only. You may not use our website and web browser game for commercial use. You agree not to copy, reproduce, reverse-engineer, create derivative works, disassemble, adapt, or exploit in any other way the website, web browser game, or any portion thereof. The website and web browser game are owned entirely by Lockpick Games Ltd Pty and no right or title is transferred to you.

 

  1. Entire Agreement

This TOS constitutes the entire understanding and agreement between you and Lockpick Games with respect to the subject matter of this TOS. There are no agreements, understandings, restrictions, representations, or warranties other than those in this TOS or referred to or provided for in this TOS.

Privacy Policy

In delivering our mission to help every student get ahead, Lockpick Games takes the collection and use of your personal information seriously. We collect personal information from users of our websites and games in the regular course of doing business. We are committed to protecting the privacy of our users and providing a safe, online environment for students, educators, and parents to enjoy learning. 

This Privacy Policy outlines what information we collect and why we collect it, how this information is used and shared, and what your options are regarding your personal information (accessing, updating and deleting your information).

 

  1. We respect your privacy

 

(a) Lockpick Games Pty Ltd ABN 83 653 862 125 respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

(b) “Personal information” is information we hold which is identifiable as being about you.

 

  1. Collection of personal information

 

(a) Lockpick Games Pty Ltd will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.

(b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

(d) Additionally, we may also collect any other information you provide while interacting with us.

 

  1. How we collect your personal information

 

(a) Lockpick Games Pty Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

 

  1. Use of your personal information

 

(a) Lockpick Games Pty Ltd may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

(b) Lockpick Games Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

 

  1. Analytics and Performance Data

 

(a) Educators, tutors, teachers and parents may use Lockpick Games to engage and assess their students. Each user has a personal dashboard, and as students play, account holders are able to access real-time reports (Performance Data) on how many questions their students are answering, which subjects or skills they’ve covered, and where they are having difficulty. This dashboard will only be accessible by the user (whomever has created the account), employees of Lockpick Games and our selected officers, insurers, professional advisers, agents, suppliers or subcontractors.

(b) Lockpick Games may use Performance Data or education records that have been de-identified for product development, research or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed. Any sharing of performance or education data outside of Lockpick Games will always be non-identifiable data.

 

  1. Disclosure of your personal information

 

(a)  We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services. See here for our list of third party suppliers.

(b)  We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

(c)  We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Lockpick Games Pty Ltd, lockpick.games, its customers or third parties.

(d)  Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to Singapore and the United States.

(e)  If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

(f)  By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

 

  1. Security of your personal information

 

(a)  Lockpick Games Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

(b)  The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

 

  1. Access to your personal information

 

(a)  You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at tash@lockpick.games.

(b)  We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

 

  1. Complaints about privacy

 

(a) If you have any complaints about our privacy practices, please feel free to send in details of your complaints to PO Box 101 Shop 72b/73-109 Belmore Rd, Randwick, New South Wales, 2031. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

 

  1. Changes to Privacy Policy

 

(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

 

  1. Website

 

(a)  When you visit our website

When you come to our website (lockpick.games and marblemansion.co) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

(b)  Cookies

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

(c) Third party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Lockpick Games Pty Ltd is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

For any questions or concerns about your data and privacy, or to have your data removed from our database please email: tash@lockpick.games

Third Party Service Providers list

A key element in keeping our site up and running is through the use of third party service providers. Lockpick Games is committed to never selling or leasing your or your students’ personal information with third parties.

You can review the third party service providers who will have access to any information, and to what level below:

Have access to student PII and teacher/parent Personally Identifiable Information (PII)

Google Firebase: database and webapp hosting
Airtable: Cloud collaboration service 

Have access to teacher/parent PII:

Stripe: Online payment platform

No access to any PII:

Facebook: For sharing updates on Lockpick Games

LinkedIn: For sharing updates on Lockpick Games

Linkedin Company Page: For sharing updates on Lockpick Games

Twitter: For sharing updates on Lockpick Games

Youtube: For sharing updates on Lockpick Games

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