Terms of Use
Thank you for using Zookal.com
Last updated: 25th of March 2013.
The following Terms of Use and conditions govern our site (‘the website’) and any other related products or services (‘the service).
By using the website you agree to these terms of use, if you do not agree to these terms of use you may not use the website or the service.
In these Terms of Use, ‘you’, ‘your’ or ‘user’ means any person or entity using the Website or the Service. ‘Zookal’, ‘we’ or ‘our’ will refer to Zookal Pty Ltd.
Contacting Zookal
If you encounter a problem or have an enquiry about our service please contact us here: Contact us
Conditions of the Books
Zookal does reuse their books; if you are not happy with the condition of the book you receive please contact us here. Please refer to the Refunds section in these terms for more information.
Use of the Book
Zookal allows you to highlight but not to write in the book, we ask you to be considerate of other students who will use the book in the future.
Please see damages and losses (below) for more information.
Damages and Losses
If we are unable to rent out the book again due to unreasonable damage then you will be charged the remainder of the recommended retail price (RRP) quoted on our website. In this circumstance you will be able to keep the book.
The following constitutes damages to a book that may result in it being unusable:
- Excessive highlighting
- Writing in Pen, or excessive writing of any form
- Missing pages
- Missing covers
- Water damage
- Stains
- Tears
- Missing text
If you lose the book, please contact us here. In this event you will be charged the remainder of the retail price quoted on our website.
In the event of ‘damages’ or ‘loss’ of the book Zookal has the right to charge your credit card for the remainder of the recommended retail price. You will be contact via email or via telephone before this occurs.
Returns and Late Fees
If you rent books for the first semester of University then our return date is the 7th of July.
If you rent books for the second semester of University our return date is the 17th of November.
We have a late fee of $10 dollars per week past the designated due date. You can drop off your books at our head office location, or arrange for a free pickup.
Keep in mind you will have to arrange a time that you will be home, if you are not home at the time organised you will be charge the $10 late fee.
Delivery
Zookal offers free delivery on orders of 2 books or more and free pick up, you can also come into our head office to pick up and drop off your books for free.
Conditions of delivery:
- Upon delivery you are required to sign a receipt for the book and a short agreement for the terms of using the book. If you are not there you will need to get someone else to sign on your behalf.
- Once you receive the book, you are responsible for its care.
- If you organise a time for pick up and are not there you will be charge the $10 late fee
Zookal only delivers and picks up within the Sydney region.
Refunds
You may receive a refund for the total amount if any of the following occur:
- You cancel the order before confirmation or before shipping
- The book is delivered to you in an unusable condition (the usability of the book is to be determined at the discretion of Zookal)
Zookal does not take any responsibility, or provide refunds for:
- Late delivery time, and any direct or indirect loss due to this
- Correct prices on the system (refer to third party involvement)
- Correct information regarding the right books for University subjects (refer to University Subject Information in these terms)
- Zookal does not guarantee the inclusion or quality of items such as CDs, handbooks and user codes or any other packaged/ bulk items.
- Zookal will not refund or exchange Access Codes or any other software.
You as the user should use the information provided at your own risk, and verify information such as your University book directly with your University to ensure the correct information.
Changes
Zookal has the right to change or modify our Terms of Use, which is effective upon its posting to the Zookal website. Through the use of the website and or our services you agree to be bound to these changes after the modifications have been up loaded. Therefore it is up to you to check our terms of use upon your use of our website and or services so that you are aware of any changes made.
Entire Agreement
These Terms of Use, including any other documents referred to in these terms or any other terms and conditions provided to you via the use of our Website or Service are the entire agreement between you and Zookal regarding the Website and the Service. These conditions will supersede any terms and / or conditions you include with any purchase order regardless of whether Zookal signs them or not.
Description of Service
‘Service’ refers to the an online service, in which User can rent books from Zookal for a predetermined period of time (delivered by Zookal or a third party) and where the user can sell Zookal their used books (given that Zookal agrees to the sale).
Your Responsibility and Registration Obligations
In order to use this website or certain parts of it, you may be required to register for a user account on this website. If and when requested you are required to provide truthful and complete information. By registering for a user account with Zookal, you explicitly agree to the sites Terms of use, including any amendments or changes published herein.
You may only have one account that will identify you and will allow you to use the website and the service. You may not create more than one account for the website. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account details to keep them current and accurate. You reserve the right to terminate your account for any reason at our sole discretion, and must pay all outstanding fees or charges before cancelation is approved.
Privacy Policy
Registered data and other personally identifiable information that Zookal may collect are subject to Zookal’s Privacy Policy.
Registration and Password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/ or user name whether authorized or not authorized by you. You agree to immediately notify Zookal of any unauthorized use of your user account, user name or password. If immediate notification is not supplied to Zookal then the use of your account will be assumed legitimate.
Third Party Involvement
This Website and the Service may contain links to or from other sites on the Internet that are owned and operated by third parties, including third parties whom Zookal has contractual affiliation or a strategic relationship with. Representation regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. You acknowledge that Zookal will not in any manner be liable for the responsibility for any of your details or interactions with third parties either from our website or with our service.
Proprietary Rights
This Website and the Service are owned and operated by Zookal Pty Ltd. All content on this site, including text, graphics, software, HTML, logo’s, graphics, bibliographic information, icons, book cover images as well as the website layout are the sole property of Zookal Pty Ltd. You may use the content of this website for the use of its services only, in addition you may not obtain information from the site by any automated means, copy, modify, transmit or distribute any content from this site without the written consent of Zookal.com to do so would violate copyright and other applicable laws.
Use of Service
You agree to use the website and service for its intended purpose and not in any other way that is deemed inappropriate by Australian regulations and/or the terms of use stipulated in this website. If you are seen to be violating such codes of conduct, or the terms of use required by Zookal, we have the right to terminate your account at any time.
If the user rents more than one book, be it of the same book or different titles, the user to which that book is rented accepts full responsibility for the correct usage of the book. If the book is returned in a condition which renders it unusable to Zookal, then the user who rented the book from the website will be charge for the full retail amount for the book.
Financial transactions will be processed in AUD dollars.
Modifications to the service may arise over time, and Zookal reserves the right to make such changes to the website or its service at any time.
Fees
All-inclusive fees will be displayed upon check out of the Zookal Fees. There will be no hidden fees in addition to these. Upon check out SecurePay, a third party, will store your credit card, debit card or BPay information, which will be encrypted and you hereby acknowledge and agree that Zookal may use this information to charge you for any lost, stolen or damaged books associated with your account. By using the service and the website you agree to the storing of your credit card, debit card or BPay information. You also agree to any additional charges as specified in these Terms of Use or on the website including damaged or lost books, unreturned books, auto- extensions and rented books. You agree that we may, at our sole discretion, send your account to a collection agency if you fail to pay all fees due and owing to Zookal.
You agree that Zookal may send you emails including such information as; your receipt and transaction record, verification emails, reminders and or promotional emails, which you as the user may opt out of at any time.
Any such notifications or reminders are a courtesy; you remain responsible for the timely return of you books, with or without communication from Zookal.
Zookal will not ask you for personal information, account username, password or any of your credit card details via email. Zookal will have no responsibility for the misuse of such information if you provide it via email.
Account Cancelation
You reserve the right to cancel your account at any given time, pending the return of any outstanding payments and or books being rented from Zookal.
To cancel your account please, contact us.
Payment Processing
To use the service, you as the user must have a confirmed credit card, account to make payments to Zookal.
Zookal reserve the rights to store your payment details and charge you for policies set forth in these Terms of Use and stipulated at the checkout on the website.
The Processing of your transaction may take some time, and Zookal is not responsible for any such delay.
Where your address is required please be sure to provide us with up to date accurate information. Incorrect information may cause delays in processing your order.
Order Acceptance Policy
Receipt of any order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Zookal reserves the right after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. Cancellations will occur within seventy- two (72) hours and you will be notified via email.
Out of Stock Products
If an item is out of stock and we cannot source another one for you then you will be notified via email in 72 hours and refunded your money.
If an item is out of stock, yet we are able to source the book you will be notified as to the delay in shipment time. You may at this point cancel your order if you wish before the item is prepared for delivery. You may request cancelation through the contact us section of the website.
Multiple Product Orders
We endeavour to send out your books as one order. However if you order multiple books you may receive the books separately, products that are unavailable at the time of shipment will be shipped as they become available, unless cancelled.
University Subject Information
Zookal may allow the user to search books required for certain University subjects to assist in the use of our service. Please be aware that while we endeavour to have the correct information we do not guarantee its accuracy. Zookal is not responsible for any errors in the information provided in the course searches on the website.
Course Searches and Other Information Specific to an Academic Institution
We may tailor your Zookal Notes experience to information about the University you have identified to Zookal. For certain Universities, the websites enable you to search and retrieve information about the materials required for particular courses. Please be aware that course information and assigned materials may change from time to time, and Zookal may not receive updated information from the University in a timely manner. Zookal is not responsible for any errors in the information provided in the course searches on the websites. Where specific University names or information relate to a specific University are displayed, they do not imply any endorsement or approval by the University. Except where specifically stated, Zookal has no affiliation with or endorsement from any educational institution, and University names and information are used on the Websites only to the extent necessary to organise, identify and permit use of information and sections of the websites that may be tailored to students of a particular University, or for other lawful uses.
Outlines, Study Guides and Notes
Zookal Notes permits users to upload and in some cases sell content for the purpose of aiding others in the education and learning process. Users may not post content created or owned by another person, entity, organisation, University, college, educational institution, represent and warrant that: (i) each created and is the sole owner of all content posted to Zookal sites and all rights in such content, including, without limitation, copyright and (ii) the posting of content on or through Zookal sites will not breach the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any third-party. Users agree to pay for all royalties, fees, and any other funds owing to any third-party for any content provided by you to Zookal sites. Users of Zookal sites agree to exclude from such content any documents, records or files made accessible to them by (a) your University, professor or other instructor, (b) any board of examination, (c) any author or publisher whose works have been used as part of studies or (d) any co-student.
In creating study related content, students must respect any intellectual property rights that others may have in content. All content posted on Zookal sites must be independently created, transformative and non-derivative. It should not be a transcript or recording of another's independent efforts, nor should it copy from materials purchased from or created by others. It should go beyond simply summarising material covered in class or in written or recorded materials, but include information raised by students in or outside of class, and independent thought, analysis and commentary. Class notes must be substantially rewritten after class and include independent thought and analysis, research and information; notes that use a lecturer's words or that are not carefully reviewed, rethought and rewritten after class are not useful to or appreciated by students, and not permitted on Zookal Notes may be removed by Zookal from the website.
Universities may have their own policies that place restrictions on a student's ability to make commercial use of study materials, even otherwise lawful materials that the student has independently created. You are responsible for becoming familiar with such policies and abiding by them, and discontinuing the use of any Zookal notes if such use is contrary to your University policy or the instruction of your professor.
Class notes and study guides are solely for the specific use of students in the designated class for which they are created. Individuals who are not registered for a class may not purchase study guides, class notes or outlines for that class. Check the accuracy of all information from study guides, class notes and outlines - Zookal does not guarantee their accuracy or completeness; they are simply an aid to the study process.
Supplementary Digital Guides/Notes/Access Cards and/or Similar Material
Zookal will never rent any accompanying digital items that are provided with new textbooks, used textbooks and/or any other copyright material. The publishers reserve all rights to such copyright material. If you have received such an item via a rental from Zookal, please contact us immediately for a full refund.
Reporting Infringement
Zookal respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property seriously. If you believe your work has been infringed through the websites or the services, please notify us at notes@zookal.comand provide the following information:
- Your contact information, including name, address, telephone number, and e-mail address;
- A description of the copyrighted work you claim has been infringed (including, e.g., the title, ISBN and other bibliographic information for books);
- A reasonably specific description of where the allegedly infringing material is located on the websites (including, e.g., the URL);
- A statement by you that you have a good-faith belief that the allegedly infringing material is not authorised by the copyright owner, its agent, or the law;
- Your electronic or physical signature; and
- A statement by you, made under statutory declaration, that the information in your document is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO LEGAL RAMIFICATIONS. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND SOLICITOR FEES INCURRED BY ZOOKAL, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS AFFECTED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION. You agree we may provide your notice to the provider of the allegedly infringing material. We have a policy of terminating accounts of users who repeatedly and intentionally infringe the intellectual property rights of others.
A message to students:
We the Zookal team understand the pressures and time constraints educational institutions create. That being said, we also know from the unfortunate tales of our fellow peers that the risk you take by violating your Universities code of academic integrity is not worth the outcome. Plagiarizing, copying solutions or posting unexplained final answers promotes completion without comprehension, and that's something we don't support on this site or at Zookal.
A message to educators:
We are always seeking opportunities to work with educators in making our websites a valuable resource for both you and your classroom for years to come. If you need to contact us concerning an issue of academic integrity, please e-mail us at notes@zookal.com
Pricing Errors
If a book is listed under the wrong price due to an error, then Zookal have the right to cancel or refuse the order, whether or not the order has been charged to a credit card or not. If your credit card is charged and the order is cancelled successfully you will be refunded the full amount.
Feedback
You agree and understand that any feedback provided by you to Zookal may be used and commercialized or shared and are free to use in such a manner. You agree not to submit feedback that is subject to any third party rights.
INDEMNIFICATION
You agree to indemnify and hold harmless, Zookal and Zookal representatives, subsidiaries, affiliates, and related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co – branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this website or service, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND OF ITS ‘SERVICE’ OR CONENT PROVIDED IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, AND THE SITE AND ZOOKAL EXPRESLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER IMPLED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
THE SITE MAKES NO WARRANTIES, WHETHER IMPLIED OR EXPRESSED, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, VIRUS FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR, NOR ANY PARTICIPANT IN THE SERVICE PROVDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE, WRITTEN OR VERBAL, PROVIDED BY ZOOKAL OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE AND MUST BE USED SOLEY AT YOUR OWN RISK, AND THAT THE ZOOKAL WILL NOT BE LIABLE IN ANY WAY.
Limitations of Liability
YOU AGREE AND UNDERSTAND THAT ZOOKAL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; EVEN IN TORT (INCLUDING NEGLIGENCE) AND INTANGIBLE LOSSES (EVEN IF ZOOKAL HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES), RESULTING FROM (1) THE USE OF SERVICES OR THE INABILITY TO USE THE SERVICE, (2) THE COST OF OBTAINING SUBSTITUTE GOODS/ SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO THROUGH SERVICES, (3) UNAUTHORISED ACCESS TO OR ALTERATIONS OF YOUR DATA TRANSMISSIONS, (4) STATEMENS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES OR (6) ANY OTHER MATTER RELATING TO SERVICES.
YOU AGREE THAT ZOOKAL’S ENTIRE LIABILITY UNDER THESE TERMS OF USE OR OTHERWISE IN CONNECTION WITH THE WEBSITE OR SERVICE SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNTS PAID BY YOU TO ZOOKAL IN THE PAST SIX (6) MONTHS, OR BE GREATER THAN $10, WHICH EVER IS LESS.
UNDER SOME JURISDICTIONS, IT IS NOT PERMITTED TO LIMIT LIABILITY AND THEREFORE, SUCH LIMITIATIONS MAY NOT APPLY TO YOU.
Miscellaneous Information
(1) in the event that any provision of these Terms of Use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provisions will be interpreted to reflect the original intentions of the parties, in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable; (2) the failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party’s right, and said right will remain in full force and effect;(3) the site editor may assign the site editors rights and obligations under these Terms of Use in this event, the site editor will be relieved of any further obligation.
