This web site is owned and operated by DANCING BABY Pty Ltd, trading as ZOOKI and will be referred to as ‘We’, ‘our’ and ‘us’ in this Internet Terms and Conditions of Use (T&C’s). By using this site, you agree to our T&C’s, including our Internet Privacy Policy, which relates to the collection and use of personal information that you may supply to us through your conduct on the web site. Use of the site and/or the service constitutes your agreement to these terms. If you do not agree to these terms, do not use the service. You must accept and abide by these terms. We reserve the right, at our discretion, to modify or remove portions of these T&C’s at any time. The Internet Privacy Policy is in addition to any other T&C’s applicable to the web site. We do not make any representations about third party web sites that may be linked to the web site. We recognize the importance of protecting the privacy of information collected about visitors to our web site, in particular information that is capable of identifying an individual (“personal information”). This Internet Privacy Policy governs the manner in which your personal information, obtained through the web site, will be dealt with. This Internet Privacy Policy should be reviewed periodically so that you are updated on any changes. We welcome your comments and feedback.
NOT FOR PROFIT
We run as a Not For Profit Organisation in order to maximise the benefit for contributing artists.
PROHIBITED USE OF ZOOKI
You may not upload to the Site any Media, or deliver any physical media, that you do not have the copyright and/or right to communicate by telecommunication or that infringes upon any right of any third party. You may not upload to the Site, or deliver any physical media, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
INDEMNITY
You agree to indemnify and hold ZOOKI and its subsidiaries, affiliates, agents, representatives, employees, directors, officers or partners harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party due to or arising out of any Media you upload to or download from the Site, or any physical media we deliver to you or that you deliver to us, your use of the Service, your connection to the Service, your violation of these T&C’s or your violation of the rights of any party. ZOOKI shall not be responsible for any technical failures of the Content (Eg. music, audio, video, ebook or other). ZOOKI is also not responsible for the content of any third party programs, websites and/or other outlets, nor shall ZOOKI be responsible for the conduct of any third parties in presenting any such programs, websites or other outlets. This conduct includes the editing, altering, or removing of your content for any reason. We make no guarantees about the number of persons who may be able to access the service or otherwise be exposed to any such programs, websites and/or other outlets. We will also not be responsible for any unauthorised use of the content including, but not limited to any “leaked” content over the internet. In no event will ZOOKI be liable to company or any third person for any damages whatsoever direct or indirect arising from any technical failures, shipping mishaps and/or any other reason.
PAYMENT
Money payable to us by you will become owing upon the start of each billing cycle. Customers on an annual billing cycle may receive a discounted rate.
PAYMENT METHODS
We accept payments via credit/debit card. We currently accept MasterCard and VISA credit/debit cards. We can also generate an invoice for you to pay by cheque or bank transfer. This option is only available for annual billing cycle accounts. Customers are responsible for keeping all credit/debit card details and contact information current.
SUBSCRIPTION BILLING
Credit/debit card payments are collected at the beginning of each billing cycle. Customer billing periods typically begin on the first day of the month in which the customer purchased the subscription. If you pay by the annual invoice option, then invoices are generated at the beginning of each billing cycle.
LATE, OVERDUE OR UNPAID FEES
At our discretion the costs of debt recovery and collection may be added to any amount payable in the event of overdue and/or unpaid fees.
Late Fee: We may assess a $30.00 late fee for any payment that is fourteen (14) days past due.
Charge backs: If a customer initiates a charge back, We may assess a $50.00 processing fee for each individual charge back.
Returned Cheques: We may assess a $50.00 processing fee on each returned cheque.
Collections Fee: In the event an account is submitted to a third-party collections service, a $35.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account.
Interest: Any charges not paid when due are also subject to interest at a rate equal to either (a) one and one-half percent (1.5%) per month or (b) the maximum interest rate allowed by applicable law.
CANCELLATION
You may cancel the service at any time after 30 (thirty) days of commencement of your purchase of our service. Any cancellation will be billed a minimum of one billing cycle to cover our administration costs including installation, support and training. In the event of cancellation, customers will still have access to their service until the end of their final billing period.
Creating a Cancellation request: A request to cancel our service must be initiated at least 30 days prior to the start of the next billing cycle. Any request to cancel our service must be made verbally with one of our representatives and via email. Cancellation requests by email only are not acceptable. Customers are encouraged to keep records of all communications regarding cancellation. Simply cancelling the credit/debit card associated with our service does not cancel the account. We will continue to treat this as an open account and the billing cycle will continue, resulting in a past due account that may be turned over to a third party collection service. It is essential that you speak with one of our representatives or submit an online ticket through the cancellation form (or our contact page) if you wish to initiate cancellation of your account.
Finalizing Cancellations: After a request to cancel has been initiated, you must speak with a member of the cancellation team to finalize the cancellation. Cancellations will take effect on the last day of the billing period in which the cancellation was processed by the cancellation team, subject to the terms of our “Subscription Billing” section. Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges, charged in instalments or annual contract charges, portions of which may not yet have been invoiced when you cancelled. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be turned over to a third-party collection service.
SETTLEMENT OF BILLING DISPUTES
Customers agree to provide us at least thirty (30) days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should we receive a charge back from a third-party credit/debit card company or bank on the customers behalf before we have been given a chance to resolve the issue, We have the right to charge the customer for our time spent in resolving such disputes and any associated fees incurred by us, in addition to the $50 charge back fee mentioned elsewhere. Regardless of the outcome of the charge back, we retain the right to collect on any Services or fees that are due. We may submit any disputed amounts to a collection agency. Once a charge back has been received, we have the right to suspend the account until the matter is resolved.
REFUNDS
All Subscription and Service fees are nonrefundable. We will not pro rata adjust any portion of unused subscription services at any time.
BACKUP OF YOUR DATA
We do not provide a data backup service, please do not depend on us to keep back up copies of your data (that’s your job!). You should always ensure that you have several back up copies of your content in several different physical locations.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that your use of the Service, or any service we may license, is at your sole risk and that the Service is provided on an “as is” and ”as available” basis. ZOOKI makes no warranty that the service will meet your requirements or that the service will be uninterrupted, timely or error-free.
TERMINATION
We may terminate this Agreement by giving you thirty (30) days written notice (eg. via email). Termination will become effective at the commencement of the next billing cycle after the notice is sent. We may terminate your password, account or your use of the Site or Service, or remove and discard any Media, if we believe that you have violated or acted inconsistently with the letter or spirit of these T&C’s. We may also in our sole discretion and at any time discontinue providing the Service, or any part. We shall not be liable to you or any third-party for any termination of your access to the Service.
INTELLECTUAL PROPERTY
The Site, the Service, ZOOKI and the related applications and software are, contain, and/or use intellectual property that we either own or have the right to use. You may not use any of this intellectual property without our prior written consent. The above also applies to any websites or services that we may supply content to.
PROMOTIONAL USE
For promotional purposes you agree to allow ZOOKI and it’s authorized users to freely use your image and/or likeness and/or business name (if applicable) to promote ZOOKI and its authorised users services to potential clients and that no payment is due for the use of this content in promotion and marketing of our services.
ADVERTISING
We may choose to include advertising and promotions to boost revenues to contributing artists.
MISCELLANEOUS
These T&C’s constitute the entire agreement between you and us and govern your use of the Service and supersede all other agreements and understandings. You agree that all matters relating to the access to, or use of, the Service or Site shall be governed by the laws of the State of Queensland, Australia and the federal laws of Australia applicable therein.
Personal Information
Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
Use of Information
Personal information that visitors submit to our site is used only for the purpose for which it is submitted or for such other secondary purposes that are related to the primary purpose, unless we disclose other uses in this Internet Privacy Policy or at the time of collection. Copies of correspondence sent from the web site, that may contain personal information, are stored as archives for record-keeping and back-up purposes only.
Disclosure
Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure. We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
Security
We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorized access to your personal information.
Cookies
Cookies are data that a Web site transfers to an individual’s hard drive for record-keeping purposes. Cookies, which are industry standard and are used by most Web sites, including those operated by us, can facilitate a user’s ongoing access to and use of a site. They allow us to customise the web site to your needs. If you do not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows you to deny or accept the Cookie feature. But you should note that Cookies may be necessary to provide you with some features of our on-line services.
Access to Information
We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
Links to other sites
We provide links to Web sites outside of our web sites, as well as to third party Web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Web site and its privacy statement.
Problems Or Questions
If we become aware of any ongoing concerns or problems with our web sites, we will take these issues seriously and work to address these concerns. If you have any further queries relating to our Privacy Policy, or you have a problem or complaint, please contact us.