KEY PRINCIPLES OF ZOOKAL-TUTORS PARTNERSHIP
- You provide Services to Users, and are contracting directly with them when you provide Services. You do not provide services to us.
- If you enter into this Agreement, you do so as an independent provider of services, not as our employee or worker.
- your responsibilities include providing your own equipment, maintaining responsibility for your own tax and insurance arrangements, carrying the risk of providing Services and obtaining the qualifications and approvals required to provide Services. You also agree to provide your services with due skill, care and diligence.
- Please read these terms carefully. They include information about your responsibilities and how you and Zookal may change or end the Agreement.
1. RELATIONSHIP BETWEEN THE PARTIES
1.1 By entering into this Agreement, you choose to be self-employed when using the homework help platform. This Agreement is not an employment agreement, and does not create an employment or worker relationship between you and us. This Agreement does not create a legal partnership, joint venture or give you the authority to bind us or hold yourself out as our employee, worker, agent, legal partner or authorised representative.
1.2 We will not direct or control you generally or in your performance under this Agreement, including in connection with the Services, your acts or omissions or your operation.
1.3 Zookal is not a provider of tutoring services. Zookal's role is solely to facilitate the availability of the Site and Services. Similarly, Zookal is not a contracting agent or representative of any Tutor or User.
2. SCOPE OF SERVICES PROVIDED ON ZOOKAL HOMEWORK HELP
2.1 Zookal operates an online platform allowing Users to connect through the Platform with Tutors who provide Services.
2.2 Zookal provides the Zookal Homework Help Platform only, enabling Users to post questions and Tutors to answer them.
2.3 Users must be natural persons.
2.4 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.
2.5 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 Homework Help.
2.6 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.
2.7 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.
2.8 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 Homework Help or cancel or suspend Your account.
2.9 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.
3. VERIFICATION OF YOUR IDENTIFICATION DOCUMENTS
We may arrange for a secure check of your evidence of identity document with a third-party provider. You confirm that you are authorised to provide the document to us and you consent to the document being checked with the document issuer or official record holder, via a third-party provider for the purpose of confirming your identity. Please note, where an international passport is used as proof of identity, we will check that the identity details on your passport match the identity details on your current visa.
4. TUTORS' SERVICES
4.1 When you provide Services, you must at all times: (i) do so in a professional manner with due skill, care and diligence; (ii) maintain high standards of professionalism, service and courtesy; and
4.2 By providing Services to Users, you create a direct business relationship and direct contract for the provision of those Services with that User. Because of this direct business relationship and direct contract, you acknowledge that: (i) we are not a party to the contract between you and the User; (ii) we are not responsible or liable for the acts or omissions of any User in relation to the Services
5. REVIEW OF TUTORS' SERVICES
5.1 Zookal may review Tutors' Services for reasons listed below. These reasons include but not limited to:
5.1.1 Tutors received a rating of 3 and below for a Service
5.1.2 Tutors' average rating is below 4
5.1.3 Users filed a complaint against tutors
5.1.4 Zookal recognised an infringement of our policies.
5.1.5 Solutions provided by a Tutor does not fall within the definition of a Service
6. RESULTS OF A REVIEW
6.1 Zookal may, as a result of a review, perform one or all, including but not limited to, the following:
6.1.1 Suspend a Tutor from providing further Services on Zookal Homework Help
6.1.2 Remove or delete a Tutor account
6.1.3 Suspend, delay or refuse a payment to a Tutor
7. TUTOR AND STUDENT OBLIGATIONS
7.1 You will at all times:
7.1.1 comply with this Agreement (including all Policies) and all applicable laws and regulations;
7.1.2 only post accurate information on Zookal Homework Help;
7.1.3 ensure that You are aware of any laws that apply to You as a student or tutor, or in relation to using Zookal Homework Help.
7.1.4 You agree that any content (whether provided by Zookal, a User or a third party) on Zookal Homework Help may not be used on third party sites or for other business purposes without Zookal's prior permission.
7.1.5 You must not use Zookal Homework Help for any illegal or immoral purpose.
7.1.6 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.
7.1.7 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.
7.1.8 You agree that any information posted on Zookal Homework Help 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.
7.1.9 Without limiting any provision of this Agreement, any information You supply to Zookal or publish in a posted question or answer must not:
- (a) be false, inaccurate or misleading or deceptive;
- (b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
- (c) violate any applicable law, statute, ordinance or regulation;
- (d) be defamatory, libellous, threatening or harassing;
- (e) 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
- (f) 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.
7.1.10 Zookal Homework Help may from time to time engage location-based or map-based functionality. Zookal Homework Help may display the location of Students and Tutors to persons browsing Zookal Homework Help. 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 Homework Help.
7.1.11 The Zookal Homework Help 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.
7.1.12 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.
7.1.13 A Tutor must not charge a Student any fees when supplying Services on top of the Membership fees.
7.1.14 A Tutor must not request payments outside of Zookal Homework Help from the Student for Services.
7.1.15 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.
7.1.16 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.
7.1.18 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.
7.1.19 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.
8. PERMITTED USER CONTENT
8.1 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.
8.2 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.
8.3 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. You authorise 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.
8.4 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.
8.6 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.
8.7 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.
9. FEES AND PAYMENT
9.1 Zookal will pay to you, on a monthly basis, the total Service Fee amounts to your Nominated Bank Account.
9.2 Each Payment Cycle runs from 11th of a month to the 10th of the following month. For example, 11th January to 10th February will count as a Payment Cycle. Any service provided after 10th February will count towards the Payment Cycle from 11th February to 10th March.
9.3 Zookal will initiate payments on the 15th of each month. Tutors can expect to receive Support Service Fees for the previous Payment Cycle shortly after the 15th of each month.
9.4 Zookal may adjust the Service Fee or introduce a new model to determine the Service Fee payable to you.
9.5 We will let you know, at least 30 days before making any change to the Service Fee..
9.6 GST and other taxes: In relation to the Support Services, you are responsible for completing all tax registration obligations and for calculating and remitting all tax liabilities related to your provision of Services as required by Law, and for providing Zookal with all relevant business and tax information.
9.7 The Support Service Fee is payable on a Support Service for each question addressed on the homework.zookal.com platform.
9.8 You may charge a support service fee for each of the completed questions provided to a User (Support Service Fee). The current Support Service Fee amount is $10 Australian dollars, inclusive of GST.
10. Communications with Zookal
By creating a Zookal account, you agree to receive from Zookal any email of, but not limited to, transactional, marketing and/or informational nature.
11. INTELLECTUAL PROPERTY
Zookal and its Affiliates and their respective licensors own all rights in the Zookal Homework Help website and all Data, including all intellectual property rights associated with them.
12.1 You are under no obligation to use the Zookal Homework Help website. If you choose to stop, you may do so without needing to give us any notice, or you may terminate this Agreement without notice.
12.2 Zookal may, acting reasonably, terminate this Agreement in its entirety for any legitimate business, legal or regulatory reason.
13. DEFINITION OF TERMS
"Agreement" means the most updated version of the agreement between Zookal Homework Help 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.
"Nominated Bank Account" means the bank account details that you have provided when you signed up to be a Tutor partner.
"Payment Cycle" means the period from the 11th of a month to the 10th of the following month, where all the Support Service Fees will be calculated, added and grouped together.
"Service" means to provide an academic solution to a question asked by a User.
"Third Party Service" means the promotions and links to Services offered by third parties as may be featured on Zookal Homework Help from time to time.
“Tutor” or "You" means any person who has signed up to provide solutions to questions on Zookal Homework Help.
"User" means the person who has signed up to use Zookal Homework Help, and as a paying member.