1.0 SCOPE OF SERVICES PROVIDED ON ZOOKAL TEST PREP
1.1 Zookal operates a mobile application that allows Users to take online quizzes, the "Service".
1.2 Users must be natural persons. The Service is intended for users over the age of 13, but is open to all ages. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable law or regulation.
1.3 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.
1.4 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 Test Prep.
1.5 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.
1.6 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 Test Prep or cancel or suspend Your account.
2.0 USER OBLIGATIONS
You will at all times:
2.1 comply with this Agreement (including all Policies) and all applicable laws and regulations;
2.2 ensure that You are aware of any laws that apply to You as a User, or in relation to using Zookal Test Prep.
2.3 You agree that any content (whether provided by Zookal, a User or a third party) on Zookal Test Prep may not be used on third party sites or for other business purposes without Zookal's prior permission.
2.4 You must not use Zookal Test Prep for any illegal or immoral purpose.
2.5 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.
2.6 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.
2.7 Zookal Test Prep may from time to time engage location-based or map-based functionality. A User should never disclose personal details such as the User's street number, phone number or email address in a posted question or in any other public communication on Zookal Test Prep.
2.8 Zookal Test Prep 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.
2.9 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.
2.10 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.
2.12 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.
2.13 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.2.14 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.
3.0 UPGRADED MEMBERSHIPS
Users have the option to purchase additional features or functionality for their Zookal account ("Upgraded Membership"). Upgraded Memberships may be purchased either by (i) paying a recurring subscription fee; or (ii) pre-payment giving you access for a specific time period ("Pre-Paid Period"). The terms stated below will govern your participation in these programs.
3.1 Pre-Paid Membership Term: Upgraded Memberships purchased for a Pre-Paid Period will automatically terminate at the end of the Pre-Paid Period.
4. MEMBERSHIPS, PAYMENTS AND CANCELLATIONS
4.1 Payment for certain Services is due in advance and non-refundable for each applicable Membership Period (i.e. 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.
4.3 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.
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 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.
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. COMMUNICATIONS WITH ZOOKAL
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. NO AGENCY
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.
8. LIMITATION OF LIABILITY
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. FREE TRIAL
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 Test Prep'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.
10. THE HONOUR CODE
11. COPYRIGHT INFRINGEMENT AND COPYRIGHT ACT 1968
11.1 Zookal respects the intellectual property rights of others. If you believe that material located on or linked to by Zookal violates your copyright, you are encouraged to notify Zookal in accordance with Copyright Act 1968. Zookal will respond to all such notices, including by removing the infringing Content or disabling all links to the infringing Content, as required or appropriate. In the case of a visitor who may infringe, once or repeatedly, the copyrights or other intellectual property rights of Zookal or others, Zookal may, in its discretion, terminate or deny access to, or use of, the Service. In the case of such termination, Zookal will be under no obligation to provide a refund of any amounts previously paid to Zookal by that user.
12.1 Zookal Textbooks, Zookal Homework Help, Zookal Test Prep, Zookal.com, the Zookal logo, and all other trademarks, service marks, graphics and logos used in connection with Zookal, or the Service are trademarks or registered trademarks of Zookal or Zookal's licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Zookal or third-party trademarks. Audio files and software may not be sold or redistributed, or offered as a service to others.
13. CHANGES TO SERVICES AND TERMSThe Service, including without limitation all content there available, product and membership features, any and all of Zookal's policies, and these Terms of Service, may be changed at the sole discretion of Zookal without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms of Service, and as such, you should periodically review these Terms of Service.
14. GOVERNING LAW
14.1 Zookal is located in Australia, with our headquarters in Sydney. Except to the extent any applicable law provides otherwise, these Terms of Service and any access to or use of the Service will be governed by the laws of the state of New South Wales, Australia, excluding its conflict of law provisions, regardless of where you are located in the world.
15.1 You agree to defend, indemnify and hold harmless Zookal, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.
16. SURVIVAL OF TERMS
16.1 Survival of Terms. These Terms continue to apply, even after you close your account or cease using the Service.
17. DEFINITION OF TERMS
"Agreement" means the most updated version of the agreement between Zookal Test Prep 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:(a) 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(b) which is a loss of:(c) opportunity or goodwill;(d) profits, anticipated savings or business;(e) data; or(f) value of any equipment.
"Membership Period" means the time period that users are subscribed to the Zookal Test Prep 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 Test Prep from time to time."User" or "You" means the person who has signed up to use Zookal Test Prep, and as a paying member.