Terms and Conditions

Zooky Property Terms and Conditions

Introduction

Zooky Property provides the platform from which everyone can participate property investment, starting at $100, in real estate property. The terms of use outline below provide guidance to all participants on how the engagement journey will be conducted. At all stages you are advised to seek your own professional guidance and undertake independent due diligence to ensure you are fully informed.

Welcome to Zooky Property

This section explains our terms of use. When you use Zooky Property you’re agreeing to all the rules below. Some of them need to be expressed in legal language, but we’ve done our best to offer you clear and simple explanations—hence the brief summaries in these blue boxes, which are not part of the official legal terms.
By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Zooky Property, and its and their parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors—collectively, “Zooky Property,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site.

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. Those from the European Union and the United Kingdom will be notified of material changes at least 15 days before they go into effect. New versions of the terms will never apply retroactively—we’ll tell you the exact date they go into effect. If you keep using Zooky Property products after a change, that means you accept the new terms.

Zooky Property is for your personal, non-commercial use, except as explained below.

About Creating An Account

You must be 18 or over to sign up for a Zooky Property account. You are fully responsible for your account and all the activity on it.

You can browse Zooky Property without registering for an account. But to use some of Zooky Property’s functions, you’ll need to register, choose a username, and set a password. When you do register, the information you give us has to be accurate and complete. Do not impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you do not follow these rules, we may cancel your account at our complete discretion.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone has used your account without your permission, you should report it immediately to support@zooky.ca.

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age and residential address.

Things You Definitely Should Not Do

This section is a list of things you probably already know you should not do — lie, break laws, abuse people, steal data, hack other people’s computers, and so on. Please behave yourself. Do not do this stuff.

Thousands of people use Zooky Property and related products. We expect all of them to behave responsibly and help keep this a nice place. Do not do any of these things on the Site:

  • Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
  • Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
  • Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
  • Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
    We also need to make sure that the Site is secure and our systems function properly. So don’t do any of these things—most of which boil down to “don’t mess with our system.”
  • Don’t try to interfere with the proper workings of the Services.
  • Don’t bypass any measures we’ve put in place to secure the Services.
  • Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Zooky Property or another party.
  • Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
  • Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
  • Don’t take apart or reverse engineer any aspect of Zooky Property in an effort to access things like source code, underlying ideas, or algorithms.

All the points highlighted in section 3 are not exhaustive but are meant as clear moral and professional guidance. Zooky Property will, at its complete discretion, decide if any of your actions are deemed to be in contravention of the ethos of the company. If so found immediate action will be taken with no recourse from anyone.

How Zooky Property Project Funding Works

This section goes over the details of backing and Zooky Property Projects — things like how money gets collected, whether pledges can be changed or canceled, and how creators can contact investors to provide rewards.

These are the terms that apply when you’re backing a project:

  • Your backing is accepted when you pledge an amount and your payment is accepted, as set out in the project offer memorandum. You’ll provide your payment information when you pledge and payment will be secured by Zooky Property. The exact amount you pledged is the amount Zooky Property will collect.
  • We will reserve the charge on your card or take a bank transfer. Zooky Property and its payment partners may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount up to the full pledge, at any time between the pledge and the collection of funds.

Zooky Property doesn’t offer refunds.

Our Fees

We will charge a management fee and transactional fee on all projects, in addition to any fees from our payment partners. All our fees will be clearly outlined within the offer memorandum of all Zooky Property Projects.
Creating an account on Zooky Property is free. We collect product management fees outlined on the offer memorandum plus our payment partners collect transaction fees. Our partners’ fees may vary slightly based on your location.


We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds pledged by backers are collected by payment providers. Each payment provider is its own company, and Zooky Property isn’t responsible for its performance of any third party.

You’re responsible for paying any additional fees or taxes associated with your use of Zooky Property.

Other Websites

If you follow a link to another website, what happens there is between you and them—not us.

Zooky Property may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

Zooky Property partners with other companies for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.

Your Intellectual Property

We don’t own the content you post on Zooky Propertybut we do have your permission to use or copy it however we need. We generally use it to promote projects and showcase our community. Ultimately, you’re responsible for the content you post, and you’re vouching to us that it’s ok to use.

Zooky Property doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit content to Zooky Property, you agree to these terms:

  • We can use the Content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. In general, we use this Content to promote projects and showcase our community on the website.
  • When we use the Content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
  • You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Zooky Property all the license rights outlined here).
  • Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Zooky Property’s hosting of that Content.
  • You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If Zooky Property or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that Content originated.
  • We’re not responsible for mistakes in your Content. Zooky Property will not be liable for any errors or omissions in any Content.

Zooky Property’s Intellectual Property

The content on Zooky Property is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.

Zooky Property’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

Zooky Property grants you a license to reproduce content from the Services for personal use only. This license covers both Zooky Property’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Zooky Property or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

How We Deal with Copyright Issues

We comply with the Digital Millennium Copyright Act. To learn more about how we deal with claims of copyright infringement, read our Copyright Policy.

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Zooky Property complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright infringement, please contact Zooky Property directly: https://zookyproperty.ca/contact

Deleting Your Account

You can delete your account at any time, but doing so won’t automatically remove some content you’ve already posted.
You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site.

You can contact us at support@zooky.ca for additional information..

Our Rights

To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.

To protect the health and integrity of our system and to help ensure that creators and investors enjoy a safe and secure environment, Zooky Property reserves these rights:

  • We can make changes to the Zooky Property website and all services without notice or liability.
  • We have the right to decide who’s eligible to participate in Zooky Property Projects. We may in limited circumstances impose restrictions or limitations on accounts, or—for particularly significant or repeated violations of our Terms or any other rules on the Site, we may cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Zooky Property Projects in that jurisdiction.
  • We have the right to cancel any pledge to any project, at any time and for any reason.
  • We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
    Zooky Property is not liable for any damages as a result of any of these actions.

It is our general policy not to comment on the reasons for any such action. However, if we impose restrictions on or limit a verified account holder’s access to any of our Services or if we intend to cancel a verified account, we will let the account holder know the reasons for this action and how they can remedy any issues (where appropriate), unless we’re prohibited from doing so by law or in the interest of safety. For account cancelations, we will let the account holder know the reasons for this action at least 30 days in advance, unless we’re canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service for minors.

Warranty Disclaimer

We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties.

You participate in our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

ZOOKY PROPERTY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ZOOKY PROPERTY SHALL CREATE ANY WARRANTY.

Limitation of Liability

If something bad happens as a result of your using Zooky Property, we’re not liable (beyond a small amount).
To the fullest extent permitted by law, in no event will Zooky Property , its directors, employees, partners, suppliers, content providers, shareholders be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Zooky Property’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

Dispute Resolution and Governing Law

We’re located in British Columbia, and any disputes with us have to be handled in British Columbia under British Columbia provincial law.

We at Zooky Property encourage you to contact us if you’re having an issue before resorting to the courts. Our Zooky Property support team is on hand and ready to answer your questions. You can visit our website to find contact information that may resolve your issue. These resources are easily accessible and free.

In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws British Columbia, Canada, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.

You agree that Zooky Property and its Services are deemed a passive website that does not give rise to jurisdiction over Zooky Property or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the Province of British Columbia. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Zooky Property , shall be filed only in the provincial or federal courts located in Vancouver, British Columbia, Canada, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

The Rest

These are our official terms and our rules for how things work. You can verify any confusing or conflicting information you see elsewhere by referencing what we’ve explained on this page.
These Terms and the other material referenced in them are the entire agreement between you and Zooky Property with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Zooky Property with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Zooky Property to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Zooky Property’s prior written consent. Zooky Property has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Zooky Property will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.