Last updated: Monday 17th October, 2022
1.1 Zookal operates an online platform allowing Users to connect through the Platform with other Users who provide Services.
1.2 Zookal provides the Zookal Study Platform only, enabling Users to post questions and Tutors to answer them.
1.3 Users must be natural persons.
1.4 Zookal has sole discretion to accept or decline to accept any person for registration and may cancel and delete an existing account for, but not limited to, not providing appropriate identification or not complying with the site terms and conditions.
1.5 At its absolute discretion, Zookal may refuse to allow any person to register or create an account with Zookal or cancel or suspend or modify any existing account including if Zookal reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of Zookal Study.
1.6 Zookal accepts no liability for any aspect of the question and answer interaction, including but not limited to the description, performance or delivery of Services.
1.7 Zookal has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of tutors to perform tasks, or the honesty or accuracy of any information provided by Users.
1.8 If Zookal determines at its sole discretion that You have breached any obligation, it reserves the rights to remove any content You have submitted to Zookal Study or cancel or suspend Your account.
1.9 Zookal has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
You will at all times:
2.1 Comply with this Agreement (including all Policies) and all applicable laws and regulations;
2.2 Only post accurate information on Zookal Study;
2.3 Ensure that You are aware of any laws that apply to You as a student or tutor, or in relation to using Zookal Study.
2.4 You agree that any content (whether provided by Zookal, a User or a third party) on Zookal Study may not be used on third party sites or for other business purposes without Zookal’s prior permission.
2.5 You must not use Zookal Study for any illegal or immoral purpose.
2.6 You may only act on your own behalf as a private individual. It is a breach of these terms to act on behalf, or for the benefit of third parties, including but not limited to corporations and other websites.
2.7 You must maintain control of Your Zookal account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
2.8 You agree that any information posted on Zookal Study must not, in any way whatsoever, be potentially or actually harmful to Zookal or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Zookal.
2.9 Without limiting any provision of this Agreement, any information You supply to Zookal or publish in a posted question or answer must not:
be false, inaccurate or misleading or deceptive;
infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
violate any applicable law, statute, ordinance or regulation;
be defamatory, libellous, threatening or harassing;
be obscene or contain any material that, in Zookal’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Zookal Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
2.10 Zookal Study may from time to time engage location-based or map-based functionality. Zookal Study may display the location of Students and Tutors to persons browsing Zookal Study. A User should never disclose personal details such as the User’s full name, street number, phone number or email address in a posted question or in any other public communication on Zookal Study.
2.11 Zookal Study Services are available merely as informational and study aids and should not be considered substitutes for applicable coursework, homework, class and lecture requirements, assignments and related materials. In using the Services, you specifically agree not to use, claim or submit as your own any portion of the help materials. Zookal does not guarantee the accuracy or quality of answers or other study material that appear on the Services, some of which may be posted by other Users. You further agree the Services may present information that is incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided or preferred by publishers of applicable problems or instructors of applicable courses.
2.12 You understand and agree that Zookal acts only as an interface to facilitate communications between Users and Tutors and to collect payment from Users on behalf of Tutors. You understand and agree that Zookal is not a party to any agreements entered into between Users and Tutors.
2.13 A Tutor must not charge a Student any fees when supplying Services on top of the Membership fees.
2.14 A Tutor must not request payments outside of Zookal Study from the Student for Services.
2.15 To access Zookal’s Services or platforms you must provide an email address and password. You are solely responsible for maintaining the confidentiality of your email and password.
2.16 You must notify Zookal immediately of any unauthorised use of your email and password. You are responsible for any authorised or unauthorised actions undertaken using your email address and password.
2.17 You consent to Zookal collecting, using and disclosing material in accordance with our Privacy Policy. Zookal cannot guarantee that this material will not be unlawfully accessed or altered by a third party.
2.18 You acknowledge that any links from Zookal’s Platform to third party sites do not indicate that Zookal has any control over or responsibility for the contents of such sites. Zookal excludes all liability for any direct or indirect damage, loss or costs of any kind arising in any way out of or in connection with your access and/or use of third party sites.
2.19 You agree that Zookal may send you notifications (emails and text messages) 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.
2.20 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.
3.1 When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline bibliographic and citation information comment, testimonial, feedback, message, image, video, text, profile data or other material (“User Content”) to Zookal, any Zookal employee or contractor, or a Zookal Website, you grant Zookal and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorised by Zookal, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.
3.2 Note that we may create, facilitate or display social advertisements, whereby your name, profile and photo may be used to advertise products and Services to your network based on your use of the Services and your interactions with Zookal. You agree that Zookal may use your name and profile picture in connection with social ads to advertise products and Services to your network based on your use of the Services and your interactions with Zookal and third parties through the Services.
3.3 You further agree that Zookal is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and Services; and creating informational articles, without any payment of any kind to you. Youauthorise Zookal to publish your User Content in a searchable format that may be accessed by Users of the Services and the Internet. To the fullest extent permitted by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
3.4 Zookal is not required to host, display, or distribute, and may remove at any time, any User Content. Zookal reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.
3.5 You represent and warrant that you own the User Content submitted by you on, through or in connection with the Services, or otherwise have the right to grant the licenses set forth in this section, and the posting of your User Content on, through or in connection with the Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Upon Zookal’s request, you will furnish Zookal any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.
3.6 You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You acknowledge and agree that your relationship with Zookal is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place Zookal in a position that is any different from the position held by members of the general public, including with regard to your User Content.
3.7 You agree that Zookal has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. You further acknowledge and agree that, to the fullest extent permitted by applicable law, Zookal will not have any obligation to you with regard to User Content and that Zookal may or may not monitor, display or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Services, or allowing them to be distributed through the Services. This includes private messages exchanged by you and other Users through the Services. This “User Content and Activities” section shall survive any expiration or termination of your relationship with Zookal.
4.1 Payment for certain Services is due in advance and non-refundable for each applicable Membership Period (e.g., monthly). Your payment details must be verified before your Membership can be activated. It is your responsibility to provide valid payment details, and ensure that your payment details are up to date.
4.2 Monthly Memberships may automatically renew and your nominated payment method we have on file will be charged on the first day of each renewal period until your Membership is terminated by Zookal or cancelled by you. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
4.3 You remain responsible for any uncollected amounts. If our charges are rejected from the payment method you have indicated is your preferable payment method, you authorise us (without notice to you, unless required by applicable law) to, retry such payment method, and collect from You the Membership Fees. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, we may suspend your access to the service until we have successfully charged a valid Payment Method.
4.4 Zookal reserve the rights to store your payment details and charge you for policies set forth in these Terms of Use. You can update your Payment Methods by going to the “Manage Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s).
4.5 Zookal reserve the rights to change the Membership Fees of our Services from time to time; however, any price changes or changes to your Membership plans will apply no earlier than 30 days following notice to you.
4.6 If your payment method is invalid, or your payment is otherwise rejected, your Service may automatically be cancelled, and access revoked. If your Membership is cancelled due to such a payment issue, Zookal makes no guarantee that the same price will still be available to you.
4.7 Membership fees are billed at the beginning of the billing cycle and are non-refundable. Your billing cycle is determined by the date you started payment of Membership fee. For the avoidance of doubt, if you start your monthly membership on 20th January, each billing cycle will end on the 19th of the following month.
4.8 Cancellation of Membership is complete by your User profile and must be completed at least 1 calendar day before your next billing date, otherwise we may not be able to stop your next payment from being deducted. If you signed up for the subscription using your account with a third party as a Payment Method and wish to cancel your Zookal subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Zookal subscription service through that third party. You may also find billing information about your Zookal membership by visiting your account with the applicable third party.
4.9 When you cancel, you cancel only future charges associated with your Membership. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will continue to have the same access and benefits until the end of your current billing period. Your cancellation request must be made at least 1 calendar day before your next billing date otherwise we may not be able to stop your next payment being deducted.
5.1 By creating a Zookal account, you agree to receive from Zookal any email of, but not limited to, transactional, marketing and/or informational nature.
6.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Zookal, its related entities or affiliates in any way whatsoever. Zookal confirms that all Third Party Services that may be promoted on the Zookal Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Zookal specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.
7.1 Zookal may terminate your account and this Agreement at any time for any reason.
7.2 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
7.3 If Your account or this Agreement are terminated for any reason then You may not without Zookal’s consent (in its absolute discretion) create any further accounts with Zookal and we may terminate any other accounts You operate.
The exclusions and limitations of liability shall be as follows:
8.1 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Zookal specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided), arising out of or in any way connected with any transaction between Students and Tutors.
8.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Zookal specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or Service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the Zookal Platform.
8.3 Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Zookal is not liable for any Consequential Loss arising out of or in any way connected with the Zookal Services.
8.4 Except for liability in relation to a breach of any Non-excludable Condition, Zookal liability to any Student of the Zookal Service is limited to the total amount of payment made by that User to Zookal during the twelve month period prior to any incident causing liability of Zookal.
8.5 Zookal does not make any warranties or representations, express or implied, in relation to the completeness, accuracy or timeliness of the information contained in Zookal’s Platform. To the extent permitted by law, Zookal excludes all liability for any direct, indirect or consequential damage, loss or costs caused by or in connection with your use of or inability to use the Platform or Zookal’s breach of contract or statute, negligence or misrepresentation.
9.1 Zookal may offer free trial from time to time. Availability of a free trial is not guaranteed and, if available, is only available to those who have no previously used Zookal Study’s service. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation. You can cancel your subscription at any time before the end of your free trial. You will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.
9.2 It is your responsibility to know:
When your trial period ends;
The applicable subscription fee for your subscription plan; and
The applicable add-on subscription fees for your add-on plan (if relevant)
9.3 We may from time to time offer special promotional offers, plans or subscriptions (“Offers”). Offer eligibility is determined by Zookal at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Subscribers of households with an existing or recent Zookal subscription may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent Zookal subscription to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
10.1 Zookal’s platform is devoted to learning and the creation of knowledge. We know that most of you have never and will never abuse the Services or any of the information, Services or materials available through them. You agree to abide by our Honour Code.
You may not use any of the solutions, answers, materials or information available on or through the Services, to cheat. Examples include:
Submitting any textbook solutions from the Services as your own to any class.
Using our questions and answers Service to complete tests or homework when instructed not to use outside help.
Otherwise passing along any solutions, answers, materials or information from the Services as your own.
Any other violation of your instructor’s or school’s academic honour code.
We will take swift action against anyone found violating this Honour Code. If Zookal is presented with evidence that its Services have been used in a manner contrary to its Honour Code or any other part of these Terms of Use, Zookal may, in its sole discretion, remove the materials and terminate the account of the involved Users.
“Agreement” means the most updated version of the agreement between Zookal Study and a User, which is governed by the laws of New South Wales, Australia.
“Zookal”, “We” or “Us” means Zookal Pty Ltd (ABN 82 147 685 452).
“Consequential Loss” means any loss, damage or expense recoverable at law:
other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
which is a loss of:
opportunity or goodwill;
profits, anticipated savings or business;
data; or
value of any equipment,
“Membership Period” means the time period that users are subscribed to the Zookal Study Service which lasts for a month.
“Non-excludable Condition” means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
“Third Party Service” means the promotions and links to Services offered by third parties as may be featured on Zookal Study from time to time.
“User” or “You” means the person who has signed up to use Zookal Study, and as a paying member.
“Tutor” means any person who has signed up to provide solutions to questions on Zookal Study.