Zoa Scan Website Terms and Conditions

Community Marketplace Terms

New to community frags? Start with the practical Marketplace guide.

These marketplace provisions apply when a Zoa Scan member advertises or responds to a community zoanthid frag listing. Zoa Scan provides the listing, moderation and discovery service; it is not the seller, buyer, agent, payment provider, courier or contracting party unless expressly stated otherwise.

The buyer and seller contract directly with each other. They must agree the exact livestock, price, payment method, collection or postage, packaging, dispatch, live-arrival evidence, refund and replacement arrangements before payment. Zoa Scan does not collect payment, take possession of livestock, administer refunds or guarantee delivery.

Seller responsibilities

• use a current photograph of the exact frag and have the right to publish it;
• describe the morph identification, polyp count, condition, healing, pests, disease, captive-grown declaration and delivery terms accurately;
• declare honestly whether the seller is acting as a private individual or as a business;
• meet all consumer, tax, animal welfare, privacy and other legal obligations that apply to the seller;
• keep precise home addresses and unnecessary personal information out of public listings; and
• not post unlawful livestock, misleading content, scams, harassment, prohibited material or unsafe instructions.

A seller acting as a business cannot avoid legal obligations by selecting or describing themselves as a private seller. Buyer rights may differ when buying from a private individual.

Moderation and reports

Zoa Scan may review, refuse, suspend, remove or retain a record of a listing or account where content appears inaccurate, unlawful, unsafe, misleading, abusive or inconsistent with these Terms. Moderation checks whether content appears suitable for publication; it is not seller verification, physical inspection, certification of livestock or endorsement of a transaction.

Users may report suspected fraud, misleading content, identification concerns, unsafe livestock, incorrect seller status or prohibited conduct. Reports may result in content or account action, but Zoa Scan cannot recover payments, compel a refund or promise a particular outcome or response time.

Transaction, livestock and handling risks

Buyers must make their own checks on the seller, listing, payment protection and delivery terms. Any exchange of names, contact details, collection information or other personal data between buyer and seller must be used only for the proposed transaction and handled lawfully.

Zoa Scan cannot guarantee a seller's identity or conduct, listing or morph accuracy, livestock health or provenance, captive-grown status, freedom from pests, disease or palytoxin, successful collection, delivery, acclimation or survival, or the availability of payment protection, refunds or replacements. Zoanthids and palythoas may contain palytoxin, and livestock can introduce pests, disease or unwanted organisms. Users are responsible for safe handling, transport, quarantine, dipping and aquarium decisions.

To the fullest extent permitted by law, Zoa Scan is not responsible for losses arising from transactions between marketplace users. Nothing in these Terms excludes or limits any liability, right or remedy that cannot lawfully be excluded or limited.

1. About Zoa Scan

These Terms and Conditions govern your access to and use of the Zoa Scan website, database, search facilities, identification tools, images, listings, retailer links and associated services.

By using Zoa Scan, you agree to these Terms and Conditions.

If you do not agree to them, you should not use the website.

2. Important Notice About Our Role

Zoa Scan is an information, discovery and linking platform.

Zoa Scan does not sell coral, fish, invertebrates or any other livestock displayed on the website.

Unless we expressly state otherwise in relation to a particular service:

• Zoa Scan does not own the livestock displayed;
• Zoa Scan does not hold the livestock;
• Zoa Scan does not package livestock;
• Zoa Scan does not ship livestock;
• Zoa Scan does not take payment for livestock;
• Zoa Scan does not determine a retailer’s delivery terms;
• Zoa Scan does not provide livestock guarantees;
• Zoa Scan does not administer retailer DOA policies;
• Zoa Scan does not provide refunds for livestock;
• Zoa Scan does not become the seller merely because a retailer or product is displayed on our website; and
• Zoa Scan is not a party to the contract formed between a user and a third-party retailer.

Our role is to organise and present information and, where appropriate, connect users with independent third-party retailers.

3. Contracts With Third-Party Retailers

If you follow a link from Zoa Scan and purchase livestock, goods or services from a third-party retailer, your contract is with that retailer and not with Zoa Scan.

The retailer is responsible for matters including:

• the accuracy of its offer;
• the livestock being offered for sale;
• livestock health and condition;
• legal ownership;
• stock availability;
• pricing;
• taxes;
• payment;
• packaging;
• dispatch;
• shipping;
• delivery;
• delivery delays;
• livestock arriving alive;
• DOA policies;
• refunds;
• replacements;
• guarantees;
• customer service;
• consumer rights;
• compliance with applicable animal welfare requirements; and
• any other obligations arising from the transaction.

Any complaint concerning a livestock purchase must be addressed to the retailer from whom the livestock was purchased.

Zoa Scan may assist by helping identify the retailer or relevant listing, but doing so does not make Zoa Scan responsible for the transaction.

4. Livestock Risk

Aquarium livestock is inherently variable and its condition can change rapidly.

A livestock purchase may be affected by circumstances outside Zoa Scan’s control, including:

• stress;
• collection and handling;
• transport;
• delays;
• temperature;
• packaging;
• acclimation;
• water chemistry;
• salinity;
• lighting;
• flow;
• compatibility with other livestock;
• disease;
• parasites;
• pests;
• toxins;
• predation;
• aggression;
• aquarium maturity;
• husbandry;
• equipment failure; and
• other environmental factors.

To the fullest extent permitted by law, Zoa Scan accepts no responsibility for the illness, injury, deterioration or death of livestock purchased from or supplied by a third-party retailer.

Responsibility for any livestock guarantee, live-arrival commitment, replacement or refund rests with the retailer offering that commitment.

5. No Zoa Scan Livestock Guarantee

Information displayed on Zoa Scan must not be interpreted as a guarantee by Zoa Scan that any particular specimen:

• is healthy;
• is disease-free;
• is pest-free;
• is parasite-free;
• is correctly identified;
• is a particular lineage;
• is a particular morph;
• will retain a particular colour;
• will grow at a particular rate;
• will survive transport;
• will survive introduction to your aquarium;
• is suitable for your aquarium;
• is compatible with your livestock; or
• will remain available for purchase.

Any guarantee provided by a retailer is a matter between that retailer and the purchaser.

6. Quarantine, Pests and Disease

Users are responsible for deciding what quarantine, dipping, isolation, acclimation and biosecurity procedures are appropriate before introducing new livestock to an aquarium.

Corals and other livestock may carry unwanted organisms, pests, parasites, algae, pathogens or other biological material.

A listing on Zoa Scan does not constitute confirmation that livestock is free from pests, disease or contamination.

Zoa Scan is not liable for losses arising from the introduction or spread of pests, disease or unwanted organisms from livestock purchased from a third party.

7. Coral Identification and Trade Names

Coral and zoanthid identification is not always exact.

Many zoanthid names used within the aquarium trade are informal trade names rather than formal scientific classifications.

Different retailers, collectors and hobbyists may use different names for visually similar corals.

Zoa Scan may group, categorise, identify or associate specimens using photographs, retailer information, community knowledge, automated systems or other available information.

Any identification, suggested identification, morph name, trade name, lineage, similarity match or classification displayed by Zoa Scan is provided for information only.

We do not warrant that an identification is definitive or universally accepted.

Users and retailers should carry out their own checks before relying on an identification for a commercial transaction.

8. Images, Colour and Appearance

Coral appearance can vary according to factors including lighting spectrum, light intensity, photography, camera settings, filters, white balance, editing, screen calibration, water conditions, nutrient levels and the condition of the specimen.

Images displayed on Zoa Scan may be:

• provided by retailers;
• provided by users;
• provided by other licensed sources;
• cropped;
• colour corrected;
• background adjusted;
• standardised;
• enlarged;
• magnified;
• composited;
• processed for consistency; or
• created as a representative reference from source imagery.

Unless expressly identified as an image of the exact specimen being sold, images should be treated as representative reference images only.

A photograph displayed by Zoa Scan is not a guarantee that livestock purchased from a third-party seller will be identical in colour, size, shape, polyp count or appearance.

Where a retailer describes an item as “WYSIWYG”, “what you see is what you get”, or similar, that representation is made by the retailer and not by Zoa Scan unless expressly stated otherwise.

9. Safety

Users are responsible for researching and following appropriate safety precautions when handling aquarium livestock.

Some aquarium organisms may sting, bite, irritate skin, release toxins or otherwise present hazards if handled incorrectly.

Information on Zoa Scan is general information only and is not a substitute for appropriate specialist, veterinary, medical or other professional advice.

10. Prices

Prices displayed on Zoa Scan may be supplied by retailers, feeds, APIs, automated processes or other third-party sources.

We try to keep information useful and current but do not guarantee that displayed pricing is accurate or current at the exact time you view it.

The retailer’s website and checkout process determine the actual price payable.

A retailer may change a price without the change immediately appearing on Zoa Scan.

Prices may also vary because of delivery charges, taxes, promotions, voucher codes, minimum-order requirements or other retailer-specific conditions.

11. Stock and Availability

The appearance of an item on Zoa Scan does not guarantee that the item remains available.

Livestock is particularly susceptible to rapid changes in availability because individual specimens may be unique or may be sold through multiple channels.

Stock information can become outdated between updates.

You should confirm availability directly with the retailer before relying on a listing.

12. Retailer Information

Zoa Scan may display information supplied by or obtained from retailers.

Retailers remain responsible for ensuring information they provide about their business, livestock, products, pricing and policies is accurate and lawful.

We may correct, standardise, categorise or remove information where we consider this appropriate, but we are not required to independently verify every statement made by every retailer.

The appearance of a retailer on Zoa Scan does not constitute a guarantee of that retailer’s reliability, financial standing, husbandry standards or customer service.

13. Third-Party Websites

Zoa Scan contains links to websites operated by other organisations.

We do not control those websites.

Links are provided for convenience and discovery and do not mean that Zoa Scan assumes responsibility for the linked website.

A third-party website may have its own:

• terms and conditions;
• privacy notice;
• cookie policy;
• shipping policy;
• DOA policy;
• refund policy; and
• livestock guarantee.

You should review those terms before making a purchase.

14. Advertising, Affiliate Links and Commercial Relationships

Zoa Scan may generate revenue through advertising, affiliate links, retailer subscriptions, sponsorships, promoted placements or other commercial arrangements.

Where required, commercial content will be identified using appropriate wording such as “Ad”, “Advertisement”, “Sponsored”, “Promoted” or “Affiliate Link”.

Zoa Scan may receive a payment or commission when a user clicks a link, makes an enquiry or completes a purchase with a third-party retailer.

Commercial arrangements do not transfer responsibility for the retailer’s livestock or transaction to Zoa Scan.

Further information is set out in our Advertising and Commercial Disclosure.

15. Rankings and Search Results

Search results, categories, recommendations and retailer positions may be determined using factors including relevance, availability, information quality, user preferences, popularity, location, price, commercial arrangements or technical considerations.

Where payment directly affects the prominence or placement of a listing, we will seek to identify that placement appropriately.

The order in which retailers or livestock appear should not be interpreted as a guarantee that one retailer, specimen or product is objectively better than another.

16. Informational Content

Articles, guides, species information, care information, identification results, compatibility information and other editorial material on Zoa Scan are provided for general informational purposes.

Aquariums are complex biological systems and outcomes vary substantially between systems.

You remain responsible for decisions concerning your aquarium, husbandry and livestock.

You should independently assess information where a decision could materially affect livestock welfare, your aquarium or personal safety.

17. Accounts

Where Zoa Scan allows user or retailer accounts, you are responsible for:

• providing accurate information;
• keeping your information reasonably current;
• protecting your password and authentication credentials;
• activity carried out through your account; and
• notifying us of suspected unauthorised access.

We may suspend or close an account where we reasonably believe these Terms have been breached, the account poses a security risk or the service is being misused.

18. User and Retailer Submissions

If you submit photographs, descriptions, listings, reviews, identification information or other content to Zoa Scan, you confirm that:

• you have the right to provide that content;
• use of the content by Zoa Scan will not knowingly infringe another person’s rights;
• the content is not deliberately false or misleading;
• the content is not unlawful, threatening or defamatory; and
• where the submission relates to an offer for sale, you have authority to make that offer.

You retain ownership of intellectual property rights you hold in submitted content.

By submitting content for publication or use within Zoa Scan, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, resize, crop, standardise, adapt, display and use that content for operating, promoting and improving Zoa Scan, subject to applicable law and any separate agreement between us.

19. Retailer Responsibilities

A retailer using Zoa Scan must comply with all laws and regulations applicable to its activities and transactions.

Retailers are responsible for their own:

• consumer-law compliance;
• livestock descriptions;
• prices;
• stock;
• payment arrangements;
• tax obligations;
• shipping;
• livestock welfare;
• guarantees;
• refund policies;
• privacy obligations;
• advertising claims; and
• customer service.

A retailer must not use Zoa Scan to deliberately mislead users.

We reserve the right to remove or restrict retailer content where we reasonably consider it inaccurate, unlawful, misleading, unsafe or damaging to users or Zoa Scan.

20. Intellectual Property

The Zoa Scan name, branding, website design, software, databases, taxonomies, original text, graphics and other original materials are owned by or licensed to Zoa Scan unless otherwise stated.

Third-party retailer names, logos, photographs and trademarks remain the property of their respective owners.

Reference to a retailer, coral name, product or trademark does not imply ownership of that third-party intellectual property by Zoa Scan.

You must not systematically scrape, reproduce, republish, commercially exploit or create a competing database from substantial parts of Zoa Scan without our permission, except where applicable law expressly permits it.

21. Acceptable Use

You must not:

• misuse the website;
• knowingly introduce malware or malicious code;
• attempt unauthorised access;
• interfere with website operation;
• use automated systems in a manner that materially disrupts the service;
• impersonate another person or business;
• submit deliberately misleading information;
• use Zoa Scan for unlawful activity;
• circumvent technical protections; or
• infringe our rights or the rights of other users or third parties.

22. Availability of Zoa Scan

We aim to keep Zoa Scan available and useful, but we do not guarantee uninterrupted or error-free operation.

We may change, suspend, withdraw or restrict any part of the website where reasonably necessary for maintenance, security, technical, commercial or legal reasons.

23. Errors and Corrections

Our database may occasionally contain errors, duplicated livestock, incorrect retailer associations, outdated prices, incorrect images, incorrect identification or other inaccuracies.

We may correct information without notice.

Users who identify an error are encouraged to report it via our contact form.

24. Our Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

In particular, nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability that cannot legally be excluded or restricted.

Subject to those protections, Zoa Scan is an information and linking service and is not responsible for performing contracts entered into between users and independent third-party retailers.

To the fullest extent permitted by law, Zoa Scan is not responsible for loss or damage arising from:

• the death, illness, deterioration or injury of third-party livestock;
• a retailer failing to honour a livestock guarantee;
• DOA livestock;
• shipping or courier delays;
• incorrect packaging by a retailer;
• heat or cold damage during transport;
• loss or damage caused during acclimation;
• incompatibility with an aquarium;
• water-quality problems;
• coral pests;
• parasites;
• disease;
• algae or unwanted organisms;
• inaccurate third-party descriptions;
• inaccurate third-party photographs;
• retailer pricing errors;
• unavailable stock;
• retailer insolvency;
• retailer fraud;
• retailer customer service;
• disputes between buyers and sellers; or
• the acts or omissions of independent retailers, couriers or other third parties.

Zoa Scan is also not responsible for losses that could not reasonably have been foreseen when you started using the service or entered into any applicable agreement with us.

Nothing in these Terms affects statutory rights that cannot lawfully be excluded.

25. Business Users

If you use Zoa Scan wholly or mainly for business purposes, then, to the fullest extent permitted by law:

• all implied warranties, representations and conditions that may lawfully be excluded are excluded;
• we will not be liable for loss of profit, revenue, business, anticipated savings, contracts, goodwill, reputation, data or business opportunity;
• we will not be liable for indirect or consequential loss; and
• our total aggregate liability arising from your use of Zoa Scan will not exceed the greater of £100 and the amount you paid directly to Zoa Scan for the relevant service during the 12 months preceding the event giving rise to the claim.

This limitation does not apply to liabilities that cannot legally be limited or excluded.

26. Claims Between Buyers and Sellers

Zoa Scan is not responsible for resolving disputes between a buyer and third-party retailer.

Where appropriate, we may voluntarily assist with communication or provide information relating to a listing.

Any such assistance is provided without accepting liability for the underlying transaction.

27. Indemnity for Commercial Users and Retailers

If you use Zoa Scan as a retailer, advertiser or other commercial user, you agree, to the extent permitted by law, to indemnify Zoa Scan against losses, liabilities, claims, damages and reasonable costs arising from:

• livestock you sell;
• content you submit;
• inaccurate or misleading information you provide;
• infringement of third-party intellectual property rights;
• your breach of applicable consumer or advertising law;
• your handling of personal information;
• your breach of these Terms; or
• a claim arising from a transaction between you and one of your customers.

28. Changes to These Terms

We may amend these Terms from time to time.

The current version will be published on Zoa Scan together with the date it was last updated.

Where a material change affects an ongoing paid service provided directly by Zoa Scan, we will take reasonable steps to notify affected users where appropriate.

29. Severability

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue to apply.

30. No Waiver

If we do not immediately enforce a provision of these Terms, this does not mean we have waived our right to enforce it later.

31. Governing Law

These Terms are governed by the laws of England and Wales.

If you are a consumer living elsewhere in the United Kingdom, you retain any mandatory rights and protections available to you under the laws applicable to you.

Business users agree that the courts of England and Wales will have exclusive jurisdiction in relation to disputes arising from these Terms.