Tribees – Website Terms and Conditions of Use

WARNING! THIS IS A LEGALLY BINDING AGREEMENT THAT GOVERNS YOUR USE OF TRIBEES’S WEBSITES, APPS AND SERVICES.

• Acceptance of our Terms

  • By visiting, viewing, accessing or otherwise using Tribees’ websites, apps or social media pages, including any of the services on the website or information available on such websites, apps and social media pages (together, the “Sites”), you agree to be bound by the following Website Terms and Conditions of Use, our Privacy Policy and any other agreements and/or terms and conditions which relate to your use of the Sites and our services (together, the “Website Ts & Cs”).
  • If you do not want to be bound by our Website Ts & Cs, then your only option is not to visit, view, access or otherwise use the Sites. You understand, agree and acknowledge that these Website Ts & Cs constitute a legally binding agreement between you and TRIBEES COLLECTIONS LLCTRIBEES COLLECTIONS LLC (“we”, “us”, “our” or “Tribees”) and you shall be deemed to have accepted the Website Ts & Cs, if you use and/or access the Sites and services.
  • For the avoidance of doubt, the Website Ts & Cs apply to all transactions conducted on the Sites or using our services.

• Your Age

  • If you are under the age of 13 years old, you are not permitted to use the Sites. If you are between 13 and 17 years of age (inclusive), then you agree that you have had your parent or guardian explain these Website Ts & Cs to you and that you understand and agree to the terms of the Website Ts & Cs. You agree you have received your parent’s or guardian’s consent to use the Sites.

• Provision of Sites and Services

  • You agree and acknowledge that we may modify, delete, improve, update or discontinue any information or services on the Sites at our sole discretion and without notice to you, even if it may result in you being prevented from accessing any information or service contained on the Sites. Also, you agree and acknowledge that we are entitled to provide services to you through subsidiaries, affiliates, agents or third parties.
  • By using the Sites and our services you also agree to abide by the terms of our third party software providers, including without limitation Omnyfy, Magento and AWS Amazon Hosting.

• Use of the Sites

  • The Sites and our services are provided ‘as is’ and you must not (and must not attempt to) alter, edit, interrupt or otherwise interfere with the Sites or our services (including, without limitation, no hacking, introduction of ‘viruses’, uploading of spyware). Further, you must not engage in crawling, scraping, caching or otherwise accessing any content on the Sites via automated means or otherwise.
  • You may not use the Sites or our services in a manner which they are not intended to be used and/or would circumvent the purpose of the Sites, including attempting to solicit direct sales or exchanges of products or services without using our services provided via the Sites.
  • You promise that all information you provide on, or in connection with, the Sites will be (and will be kept) accurate, current and complete.
  • You may create hyperlinks to the Sites, provided such hyperlinks (and the context in which they are used) are not misleading and do not portray Tribees (or any of our officers, employees, representatives, affiliates, agents and related parties) in a false, derogatory or offensive manner.

• Registration and User Categories

  • In order to access and use all the functions of the Sites and our services, you must complete the registration process and provide all requested information and details to create your “Account” . At present you may be able to register to use the Sites as the following user categories (each a “User Category” ):
    • Shopper;
    • Vendor; and/or
    • Ambassador.
  • You will be required to agree to additional terms and conditions when registering for and/or using the Sites as each of these different User Categories.
  • If you register by using a social media account, then you promise that the relevant social media account is yours and the details you used to sign up for that social media account are current, accurate and correct.
  • If you register on behalf of a company or organisation, then:
    • you promise that you have the authority to agree to the Website Ts and Cs on behalf of the company or organisation for which you are registering;
    • you acknowledge that that company or organisation shall be bound to the Website Ts and Cs; and
    • a reference to ‘you’ or ‘your’ or ‘person’ throughout the Website Ts and Cs shall include a reference to the relevant company or organisation unless the context otherwise requires.
  • You promise to keep your Tribees login details (including password) confidential. You must not let any other person use your Account and you must not use any other person’s Account. You must let us know immediately if you become aware of any unauthorised use of your Account or the Sites.
  • You acknowledge that different features, limitations and inclusions apply to different User Categories and that we may change such features, limitations and inclusions at our discretion by giving you reasonable notice. You may register in multiple User Categories, but you must meet certain criteria to become an Ambassador or Vendor with Tribees.
  • The criteria required to become an Ambassador or Vendor with Tribees is determined at the sole discretion of Tribees and is subject to change. Even if you meet any published criteria, it is Tribees sole and unfettered decisions as to whether to allow you to register as an Ambassador or a Vendor.

• Communication and Monitoring Rules

  • When registering to use our Sites and services or otherwise communicating with us or other users of Tribees you promise and agree that:
    • you will not use or submit defamatory, derogatory, discriminatory, illegal, vulgar, obscene, hateful, disingenuous or abusive content or language;
    • we may edit, amend and/or remove content and communications from the Sites at our discretion;
    • you will not breach any laws or infringe any person’s rights;
    • you will comply with our directions and requests; and
    • you are solely responsible for your interactions and communications and all interactions and communications made using your Account. You agree that we are not responsible or liable for the conduct of any user (including you).
  • You agree that we may make your name, image and address available to persons with whom you transact, interact or communicate with using the Sites or our services, and will only otherwise share your details in accordance with our Privacy Policy.
  • If your first contact with any person was made via the Sites or our services, you may not contact that person outside the Sites or for any purpose other than in connection with the transaction entered with that person, unless you have obtained written permission to do so. You provide your contact details to others and us (and allow us to provide those details to other users) at your own risk.
  • We reserve the right to monitor the Sites, their use and the use of Website Materials (defined below), including taking control of your Account, if deemed reasonably necessary by Tribees. If you (or your account) show signs of fraud, abuse or suspicious activity, we may cancel or suspend the Account and your use of the Sites and our services immediately. We retain the right and absolute discretion to suspend, terminate and/or delete your Account and/or prohibit your access to the Sites without notice if we believe you have abused any privilege granted to you as a user of the Sites, supplied misleading information or made any misrepresentations to us in connection with the Sites, tampered with the Sites in any way, breached these Website Ts & Cs, or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration and/or purpose of the Sites.

• Representations on the Sites

  • The Sites facilitate the opportunity for users to make Products available for purchase to other users. Tribees merely provides a service to facilitate the sale of Products from Vendors to Shoppers.
  • We generally rely on information communicated to us by users of the Sites (including Vendors and Ambassadors) in connection with the publishing of information relating to users and Products being sold by Vendors on our Sites. Accordingly, WE MAKE NO REPRESENTATIONS OR PROMISES AND GIVE NO WARRANTIES IN CONNECTION WITH ANY ITEMS, VENDORS OR AMBASSADORS LISTED ON THE SITES, INCLUDING IN RELATION TO THE ACCURACY OF THEIR DESCRIPTIONS OR PRODUCTS.

• Code of Conduct and Policies

  • You agree that you shall comply with all codes of conduct, policies and rules implemented by us.

• User Content Warranties

  • By uploading or contributing any content onto the Sites, including (without limitation) when leaving a Store or Product review, posting comments or communicating with other users, you acknowledge and agree that you will not upload or contribute content that:
    • violates any of our rules codes of conduct, policies or rules;
    • contains hateful or derogatory language or imagery;
    • contains threats, harassment, extortion, or violates our rules about interference;
    • violates someone else’s intellectual property rights;
    • is false, deceptive, or misleading;
    • contains unsolicited advertising or promotions, requests for donations, or spam;
    • contains private information, whether it is your own, or someone else’s;
    • encourages or facilitates a transaction that evades the Tribees checkout process;
    • contains prohibited medical drug claims;
    • contains graphic, mature, or obscene language or imagery;
    • falsely accuses a Vendor or Tribees of any failures which are outside the control of such Vendor or Tribees, such as a failure of a delivery company or a third party service provider;
    • is a unfairly biased (both good or bad), inauthentic, or untruthful (for example, leaving an inaccurate positive review for your or an affiliate’s own Store or Product);
    • includes shilling, sock puppetry or otherwise falsely inflating a Store’s review score; or
    • undermines the integrity of the Sites and the reviews system
  • As a member of the Tribees community, you have the opportunity to report a Vendor, Shopper, Ambassador, Product or Stores that violate any of Tribees’ policies.

• Ownership of Copyright and Information

  • Subject to the rights you have in the content you submit in your Tribees listings and any third party materials, as between you and us, we own or control all right, title and interest (including copyright and other intellectual property rights) in and to information and material appearing on the Sites, including (without limitation) our text, computer code, artwork, photographs, proprietary information, logos, images, music, audio material, video material and audio-visual material on the Sites (together, the "Site Materials" ).
  • You may access and/or reproduce Site Materials only for the purpose of using our Sites for their intended purpose. You may not otherwise use or exploit (including, without limitation, by way of selling, distributing, adapting, editing, changing, transforming, embedding, republishing, showing or playing in public (for a commercial purpose), publishing or communicating) the Sites or the Site Materials without our prior written agreement and we reserve all such rights in the Site Materials.
  • Without limiting the foregoing, you acknowledge that certain Site Materials and other materials appearing on the Sites (such as copyright and third-party trade marks and logos) may be owned by third parties and you agree not to infringe the rights of those third parties (or our rights in the Site Materials).
  • If you become aware of any material on the Sites that you believe infringes the law or infringes your or any other person's rights (including copyright, other intellectual property rights), or you have a complaint to make regarding the content of the Sites, you must immediately contact us at support@tribees.com and report it to us (including specifying the URL on which the material appears and a description of the relevant material).
  • When you make content available on the Sites you simultaneously grant us a royalty-free, worldwide, irrevocable, perpetual license to publish, display, modify, distribute, communicate, syndicate and otherwise use in any manner throughout all media such content – and you promise you have the rights to grant such rights to us.

• Indemnification

  • You agree to indemnify us (including our officers, employees, representatives, affiliates, agents and related parties, together "the indemnified") and hold the indemnified harmless from and against any and all liability, loss, claims, demands and/or expenses (including indirect and consequential losses), from any allegation arising out of (or relating to) your use of the Sites or Site Materials or which the indemnified may incur as a result of any breach by you of these Website Ts & Cs (including a breach of your warranties) or any negligent act or omission by you.

• No Warranties

  • You understand and agree that your use of the Sites and any information contained on the Sites is entirely at your own risk.
  • We do not promise or warrant in any way that:
    • the Sites will be constantly available, or available at all;
    • the information on the Sites (or on any related website or social media pages) or in the Website Material is complete, true or accurate; or
    • you can rely on or use any information on the Sites or in the Site Materials.
  • We make no representations as to the accuracy or completeness of any information on the Sites or any third party websites found by following any link or direction on the Sites.
  • Nothing on the Sites constitutes, or is meant to constitute, advice of any kind. If you require any advice or assistance in relation to any matter (including legal, financial, medical or personal matters), then you should consult an appropriate professional.
  • To the extent permitted by law, we do not have any obligation to you to moderate, monitor, edit or approve any content on the Sites and we have any obligation to remove content you disapprove of.
  • Any cost associated with accessing and using the Sites generally remains your responsibility and is dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the Sites and meets all relevant technical specifications necessary to obtain the benefit of the Sites and our services.

• Termination and Suspension

  • You may terminate your Account at any time. If you terminate your Account, then the information associated with your Account may be (without obligation) immediately deleted by us, including in accordance with our Privacy Policy and you will no longer be able to use that Account to access and use the Sites or our services. If you terminate your Account and/or your account is terminated, then you will lose and/or forfeit all features, benefits and inclusions connected with your Account and you will not be able to renew such Account after termination. To be clear, if you terminate your Account, then it may be immediately deleted and may not be able to be reactivated - you shall not be entitled to any compensation, and all your communications, listings and history will no longer be available to you.
  • We reserve the right to suspend or terminate your Account at any time for any or no reason at our sole discretion.
  • We may, at any time, prohibit you from using the Sites (or any part of the Sites or Site Materials). If we notify you of such prohibition, then you must immediately cease using the Sites (or the relevant part of the Sites or Site Materials) and you must not attempt to continue to use the Sites.
  • For so long as you use the Sites, the Website Ts & Cs will continue to apply. Terms that are to continue in perpetuity shall be unaffected by any termination of the Website Ts & Cs.

• Limitation of Liability

  • To the maximum extent permitted by law, all express or implied terms, conditions, warranties and representations in relation to any Website Material, the services provided by us (or our affiliates) and the Sites are expressly excluded. In particular, we make no promises that the Sites will operate on your computer and we do not assume any responsibility for (and you agree we will not be liable for) any cost, damage or loss incurred by you as a result of using the Sites (or the Site Materials) including arising from, or in relation to, any error, action, omission, “bug”, “virus”, interruption, interference, deletion, defect, delay in operation or transmission, communication line failure, unauthorised access to, or alteration of the Sites or Site Materials, whether negligent or otherwise.
  • In no event will we (including our officers, employees, representatives, affiliates, agents and related parties) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or (c) business interruption; however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of your use of the Sites or the Site Materials.
  • If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Website Ts & Cs, to the extent permitted by law, our entire liability and your exclusive remedy is limited, in our discretion, to: (a) with respect to the supply of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; (b) with respect to the supply of services: (i) the re-supply of the services; or (ii) the payment of the cost of having the services re-supplied, each capped at the total subscription fees paid by you to us in the 12-month period immediately prior to any claim being made by you.
  • If you become aware of any damage, loss or injury to any person or property with a connection to Tribees or the Sites (or any incident that may result in any such damage, loss or injury), then you must immediately notify us.

• Links from the Sites and Third Party Content and Advertising

  • The Sites may include third-party content or advertising or links to third-party content, advertising and other websites. Links to third-party content, advertising and/or other websites are inserted for convenience and do not constitute endorsement of material or information at those links, or any associated organisation, product or service.
  • The inclusion of third-party content or advertising on the Sites does not, in itself, constitute our endorsement of such third party content or advertisement (or the subject matter contained in such content or advertisement). You acknowledge and agree that unless specifically expressed otherwise, we do not endorse any advertising, products, goods or resources appearing on the Sites or available via links on the Sites (and are not responsible for, or liable in any way in relation to, such advertising, products, goods or resources).
  • You acknowledge that third party websites and services which are linked to the Sites may be governed by their own terms and conditions, and you agree that it is your responsibility to make yourself aware of, and to comply with, such third party terms and conditions.

• Changes to the Terms

  • We reserve the right to modify the Website Ts & Cs from time to time at our sole discretion and without any notice. We will endeavor to notify you of any changes to the Website Ts & Cs, but you agree to regularly check the Website Ts & Cs for updates. Unless otherwise notified, changes to the Website Ts & Cs become effective on the date they are posted and your continued use of the Sites after any changes to the Website Ts & Cs will signify your agreement to be bound by the amended Website Ts & Cs.

• Relationship

  • Nothing in these Website Ts & Cs is intended to create, or does create, a partnership, agency, employment or fiduciary relationship between us and you (or any user of the Sites).

• General

  • These Website Ts & Cs do not cover all aspects of every interaction of our relationship with you (or between you and other users). For example, if you subscribe to a particular service offered by us or agree to register within a particular User Category, then you may be required to enter a further agreement in relation to that particular service or User Category. Even if you enter such a further arrangement with us, these Website Ts & Cs shall continue to be binding.
  • You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Website Ts & Cs. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Website Ts & Cs to any person.
  • We shall not be liable for any breach of our obligations under these Website Ts & Cs where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
  • No waiver by us of any default of yours under these Website Ts & Cs shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Website Ts & Cs.
  • Unless otherwise stated within these Website Ts & Cs, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.
  • All provisions of these Website Ts & Cs apply equally to and are for the benefit of Tribees, its subsidiaries, any holding companies of Tribees its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Website Ts & Cs may be varied or rescinded without the consent of those parties).
  • The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
  • If any provision of these Website Ts & Cs is held by a court to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Website Ts & Cs shall not be affected.
  • These Website Ts & Cs (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of New South Wales and both parties hereby submit to the exclusive jurisdiction of the courts of New South Wales.

• Definitions

  • In these Website Ts & Cs, the Marketplace Vendor Agreement; the Marketplace Ambassador Agreement, the Terms of Purchase, our Privacy Policy and our other policies and legal documents the following capitalised terms have their corresponding meaning, unless the context otherwise expressly requires:

  “Ambassador” means a user of the Sites who is registered as an ‘Ambassador’ with Tribees and has been granted access to the services made available to such users;

  “Ambassador’s Page” means a page and/or pages created by an Ambassador on the Marketplace;

  “Marketplace” means the online marketplace platform made available by Tribees on the Sites;

  “Products” means any product made available for sale on the Marketplace via a Vendor Store;

  “Shopper” means anyone who uses the Sites for the purpose of browsing and/or purchasing from the Marketplace;

  “Store” means a page on the Marketplace through which a Vendor makes products available for sale;

  “Terms of Purchase” means the ‘Terms of Purchase’ which specify the terms and conditions on which Shoppers may purchase Products from Vendors and Tribees role in such transactions;

  “Vendor” means a person or entity or business registered to sell Products as a vendor on the Marketplace;

  “Vendor Policies” means policies of a Vendor which may govern and/or clarify that individual Vendor’s policies, processing times, delivery methods, sales policies or similar terms of sale or policies.