Terms of Use

Last updated: 6 July 2020

General

www.jekkle.com.au (‘Website’) is owned and operated by Zookal Pty Ltd (trading as Jekkle) ABN 67 150 653 197.

By using or accessing this site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this site.

In these Terms of Use, ‘you’, ‘your’ or ‘user’ means any person or entity using the Website or the Service. ‘Jekkle’, ‘we’ or ‘our’ refers to Zookal Pty Ltd (trading as Jekkle).

1. Contacting Jekkle

If you encounter a problem or have an enquiry about our service please contact us here:

Mailing address: Unit D, 23-27 Bourke Road, NSW, 2015, Australia
Phone: (02) 9053 4660
E-Mail: info@jekkle.com

2. Revisions to Terms of Use

Jekkle may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Use.

3. Site contents, ownership, and use restrictions

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties.

3.1 Governing Law

Your use of this site is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

3.2 Copyright

All content of the Jekkle website including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software and its compilation is the property of Jekkle or its suppliers and is protected by Australian and International copyright laws. Unless otherwise specified, the content of the Jekkle website is for your personal and non-commercial use and we grant you a limited license to access the Jekkle website for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Jekkle website without our express written consent.

4. Information from and Advertising and Links to Third Party Websites

This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Jekkle and Jekkle is not responsible for the contents of any such information or website. Jekkle provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Jekkle. You rely on such information or websites entirely at your own risk.

You are referred to the relevant third party websites for all information regarding the third parties' products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.

5. Personal, non-commercial use

Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:

Placing an order with Jekkle Business; or
Using this site as a shopping resource, provided that you do not modify the site and that Jekkle retain all copyright and other proprietary notices contained in the Contents.

You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.

6. Prohibited conduct

You are not authorised, without the prior written permission of Jekkle and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content.

No trademark (whether registered or otherwise) that is contained on this site or otherwise used by Jekkle may be used without our prior, specific, written permission or that of the trademark owner.

7. We can use your feedback

You grant Jekkle an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Jekkle from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

8. General prohibitions

You must not upload, post, transmit or otherwise make available through this site any material which:

violates or infringes the rights of others (including their privacy and intellectual property rights);
is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site;
affects the functionality or operation of the site or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or
breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Jekkle to take remedial action under any applicable industry code.

9. Indemnity

You agree to indemnify and will keep Jekkle indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Jekkle in connection with your use of this site, your breach of these Terms of Use or your breach of any rights of third parties.

10. Disclaimer of Warranties

Jekkle is providing this site and its contents on an 'as is' basis and use of this site is at your own risk. Jekkle and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Jekkle expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

11. Disclaimer of Liability

To the extent permitted by law, Jekkle will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:

the use, copying, or display of the contents of this site;
goods or services supplied by Jekkle under these Terms of Use; or
a failure or omission on the part of Jekkle to comply with its obligations under these Terms of Use.

12. Limitations of Liability

Our total liability to you (if any) in connection with this site, or with these Terms of Use or any goods or services supplied under them, will be limited, at our election, to:

in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this;
in the case of goods supplied or offered by us, repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; and/or
the amount paid by you (if any).

13. Miscellaneous Information

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. 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. The site editor may assign the site editor's rights and obligations under these Terms of Use in this event, the site editor will be relieved of any further obligation.

14. 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 Jekkle regarding the Website and the Service. These conditions will supersede any terms and / or conditions you include with any purchase order regardless of whether Jekkle signs them or not.

15. 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 Jekkle, 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.

16. 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 Jekkle of any unauthorized use of your user account, user name or password. If immediate notification is not supplied to Jekkle then the use of your account will be assumed legitimate.

17. Account Cancellation

You reserve the right to cancel your account at any given time, pending the return of any outstanding payments.

Please contact us if you wish to cancel your account.

18. Ordering goods

Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you. Jekkle may change the prices published on this website at any time.

Prices of products placed in the 'basket' but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Jekkle is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this site, or an error in your order. We may require additional verification or information before accepting any order. Our policies as to delivery and returns apply as set out in these Terms of Use.

19. About our prices

All prices are in Australian dollars unless stated otherwise.

All prices are inclusive of GST. Prices displayed on this site are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice.

We'll match a competitor's price as long as the same book or books (by ISBN) are from a physical Australian book store and are in stock (i.e. does not need to be ordered in from a supplier) and the price has no existing discounts already applied to it. We must be shown proof of all this to verify, such as a flier or price listed on the book store's website for a particular retail store of theirs.

20. Privacy

Registration data and certain other information about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy.

21. Delivery

Please see the dedicated Shipping section of this website for all information on order delivery, order processing times and estimated delivery timeframes.

22. Returns & Refund policy

Please refer to the Returns & Refunds page on this site for information on Returns, Refunds, Order Cancellations and Exchanges.

24. Rights we cannot exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Trade Practices Act.

25. Termination

Your ability to purchase goods from this site may be terminated by Jekkle at any time without notice. All restrictions, licences granted by you and limitations of Jekkle' liability will survive termination.

26. University Subject Information

Jekkle 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. Jekkle is not responsible for any errors in the information provided in the course searches on the website.

27. Pricing Errors

If a book is listed under the wrong price due to an error, then Jekkle 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.

28. Search Results Disclaimer

Please check textbook requirements for your course with your University. While we attempt to keep its textbook lists as up to date as possible, we cannot guarantee that they are 100% current and in line with current course requirements.

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