TRIBESTA TERMS OF USE

APPLICATION OF TERMS OF USE

Access to and use of the tribesta Portal, made available on tribesta (the Services) are governed by these Terms of Use.

In these Terms of Use, we or us means tribesta Pty Ltd (ACN 169 541 833) of Suite 2, Ground Floor, 135 Macquarie Street, Sydney NSW 2000 and ‘you’ means you as a user of the tribesta Portal and recipient of the Services, and unless otherwise specified, includes you as tribesta Member, Tribe member and tribesta Group, as these terms are explained below.

TRIBESTA MEMBERS

By signing up for a tribesta Account, you as a tribesta Member may enter information into our proprietary data management system (the tribesta Portal) to facilitate certain participating providers of public and emergency services (Participating Service Providers), selected individuals such as family members, friends and associates who have also subscribed as tribesta Members (Tribe) and with selected entities (such as companies, associations and government bodies) that have a duty of care towards their members and that have subscribed to tribesta as tribesta Groups, to obtain important information about you (including without limitation personal safety, physical location, medical history, medical choices, organ donor information and needs, other emergency contacts) (Content) in the event you are involved in an accident, an emergency or other event where you are unable to communicate such information (Emergency Event) or on an ongoing basis.

TRIBE MEMBERS

A Tribe member is an individual who is nominated by a tribesta Member though the tribesta Portal and who is granted access to certain information about that tribesta Member (part or all of the Content), either on an ongoing basis or in certain Emergency Events. To become a Tribe member, a person must be a tribesta Member.

TRIBESTA GROUPS

A tribesta Group is an entity who is nominated by a tribesta Member though the tribesta Portal and who is granted access to certain information about that tribesta Member (part or all of the Content), either on an ongoing basis or in certain Emergency. To become a Tribe member, an entity must have subscribed to tribesta as a tribesta Group.

PARTICIPATING SERVICE PROVIDERS

Participating Service Providers are providers of public and emergency services who have agreed to join tribesta to facilitate the provision of their services. It is not possible for a tribesta Member or a Tribe member to choose which Participating Service Providers will have access to a tribesta Members Content in an Emergency Event occurring in respect of that tribesta Member.

  1. GETTING STARTED

    1.1    tribesta Account: To utilise our Services, you will need to create a tribesta Account by downloading our free app(s) or click on the app registration via our website. You must be a real person and over 18 years old to register for a tribesta Account. If you are under 18 years of age, your parent or legal guardian must be one of your tribe members, therefore making them aware of your registration on the tribesta Portal.
    1.2    Applications on behalf of another person: Subject to this clause and to clause 1.7, you may apply for a tribesta Account on behalf of another person if the person is under the age of 18 years and you are his/her parent or legal guardian. If you are applying in respect of a person who is under 18 years old, you must be and warrant that you are the parent or legal guardian of that person. If you are making an application on behalf of any other person you warrant that you are expressly authorised to complete and submit the registration form on behalf of the person and to accept these Terms of Use on behalf of that person, and that all the information provided by you is complete and accurate. You agree to indemnify us from any liability, damage, loss, costs or expense suffered by us as a result of breach by you of this clause or such warranties.
    1.3    Registration Process: You will not be able to access and use the tribesta Portal until your registration is accepted by us and your tribesta Account is activated and verified by us. We may accept or reject your application at our discretion. Upon receipt of your registration form we will allocate you with your own personalised unique user name and registration code and provide you with the necessary information for you to activate your tribesta Account. As part of the registration process you must create a username and password for your tribesta Account.
    1.4    Identity Kits: some NFP, corporates, enterprise and/or groups provide their members or employees with personalised identity cards linked to tribesta. If you would like more information about this service please contact us at info@tribesta.com
    1.5    Use of your Account: Your tribesta Account is personal to the tribesta Account holder and is not transferable except as expressly stated in these Terms of Use. You must not:
    A)    Use a false identity to create a tribesta Account, or falsely state, impersonate or otherwise misrepresent your identity when creating the tribesta Account;
    B)    Sell, lease, license, rent, loan, trade, timeshare or transfer your tribesta Account to another party;
    C)    Permit any other person to carry any personalised identity items issued to you and linked to your tribesta Account;
    D)    Permit anyone (other than an Authorised Person nominated in accordance with clause 1.7) to access your tribesta Account
    E)    Charge anyone for access to any information within your tribesta Account.
    We reserve the right to deny registration or restrict, suspend or close any tribesta Account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use or to protect the integrity or functionality of the tribesta Portal or any user account.
    1.6    User Name and Password: You must ensure your username and the password are kept securely. Do not disclose your user name or password to any person or allow them to be used by any other person at any time. Whilst your account is active, you are entirely responsible for any misuse or abuse of your user names, passwords or other login details by any person and for anything that happens through access to or use of your account unless you can prove to our satisfaction that your account security was compromised due to no fault of your own. You must immediately notify us in writing on info@tribesta.com if any actual or suspected unauthorised use or disclosure of any user names, passwords or other login details in relation to your tribesta Account may have occurred.
    1.7    Authorised Persons:
    A)    If you are under the age of 18 and your parent or legal guardian has created or authorised a tribesta Account on your behalf in accordance with clauses 1.1 and 1.2 that person will automatically be nominated as your Authorised Person.  Your Authorised Person, having access to your login details, will be able to edit your information in your tribesta Account (including without limitation adding, modifying or deleting any part of your Content).

  1. WHAT WE OFFER TO YOU AS A TRIBESTA MEMBER

    2.1    Access to tribesta Portal: Upon our acceptance of your registration and provided you are complying with these Terms of Use, we grant to you from the date of registration of your tribesta Account a limited, non-exclusive, non-transferable licence to access and use the tribesta Portal hosted by us during the term of these Terms of Use subject to these Terms of Use. You may enter any information, data or other content or upload electronic documents (collectively Content) onto the tribesta Portal (as is allowed for by its functionality). You agree that we may collect, use, hold and disclose your Content in accordance with these Terms of Use and our Privacy Policy.
    2.2    Our Emergency Services Register: In the event that you are involved in an Emergency Event, the Participating Service Providers may identify your tribesta Account (via any unique number associated with you and your tribesta profile) and access the Contents of your tribesta Account to enable the relevant Participating Service Provider to deal with your situation more effectively or efficiently. You expressly consent to any Participating Service Providers accessing your Content where your tribesta Account is identified by them in an Emergency Event.
    2.3    Participating Service Providers: You acknowledge that your Content could be accessed by and disclosed to members of Participating Service Providers in accordance with the policies and practices of those Participating Service Providers. You acknowledge that tribesta cannot control the actions of third parties and accordingly, any access to and use of your Content, including any personal information and sensitive information may be viewed by Participating Service Providers in emergency situations.  It is not possible for you to choose which Participating Service Providers will have access to your Content in an Emergency Event.
    2.4    Tribe members and tribesta Groups: You acknowledge that part or all of your Content will be accessed by and disclosed to your nominated Tribe members and tribesta Groups. You acknowledge that tribesta cannot control the actions of third parties and accordingly any access to and use of your Content, including any personal information and sensitive information, by your nominated Tribe members and tribesta Groups is the sole responsibility of those Tribe members and tribesta Groups.
    2.5    Limited nature of our Services: YOU SHOULD NOT RELY ON OUR SERVICES AS THE SOLE MEANS OF COMMUNICATING IMPORTANT INFORMATION OR ANY CONTENT TO PARTICIPATING SERVICE PROVIDERS, AND YOUR NOMINATED TRIBE MEMBERS AND TRIBESTA GROUPS. The tribesta Portal and our Services are intended only to improve the possibility of identification of relevant information by your nominated Tribe members and tribesta Groups on an ongoing basis and by the Participating Service Providers in an Emergency Event affecting you. In addition, you agree and acknowledge that:
    A)    Any information, preferences or instructions in the Content of your tribesta Account may not be identified, considered, followed or carried out, whether in whole or in part, in an Emergency Event or otherwise;
    B)    The identification of relevant information by the Participating Service Providers, your nominated Tribe members or tribesta Groups accessing your tribesta Account may be compromised or prevented by:
    i)    Misuse or misappropriation of your tribesta profile by a third party;
    ii)    Your inability or failure to carry with you any item that is linked to your tribesta profile via any unique number on your person;
    iii)    Your inability or failure to maintain accurate, current and complete information on your tribesta profile on our portal;
    iv)    The inability or failure of any Participating Service Providers, your nominated Tribe members or tribesta Group to identify or access the Content in your tribesta Account for any reason including their internal policies, actions of attending personnel, network failures, power failures or other causes beyond our control or the control of the relevant person; or
    v)    The tribesta Portal being unavailable, including during scheduled or unscheduled downtime or other reasons beyond our control, including a Force Majeure as defined in clause 9.5
    2.6    No Legal effect: You acknowledge that any Content entered by you into the tribesta Portal will not be legally binding on any person, including any Participating Service Providers or their personnel and does not have any legal effect. You should consult with your legal adviser with respect to ensuring you have in place appropriate arrangements in the event of your death or disability.
    2.7    No reliance: In light of the nature of our Services, you acknowledge that we will not be held responsible for and will have no liability to you or to any third parties for anything arising out of or in connection with:
    A)    Your acts or omissions (including negligence) or the acts or omissions of any third party (including, but not limited to, Participating Service Providers, Tribe members or tribesta Groups), improper or unauthorised access to or use of your Contents or your tribesta Account (other than by us);
    B)    Any person’s reliance on any of your Content included in the tribesta Portal or the failure by any person to refer to your Content, or to follow any information, preferences or instructions in the Content, in whole or in part;
    C)    Other causes beyond our control including, but not limited to, any failure arising out of any network (including the internet) or communications, power failure, electric power surges, or a Force Majeure as defined in clause 9.5;
    D)    Your failure to comply with these Terms of Use or any reasonable guidelines, instructions or documentation provided by us;
    E)    Your failure to upload and maintain accurate, current and complete Content;
    F)    Your failure to protect any video or image taken on your device while the tribesta Portal is in use, and the content of any such video or image;
    G)    Any fault, defect, omission or error in any data, Portal, software or equipment not supplied by us (including your equipment or software or equipment or software of Participating Service Providers, Tribe members or tribesta Groups); or
    H)    Use of the tribesta Portal with any software or equipment not approved or recommended by us, or in a manner or for a purpose in breach of these Terms of Use or not reasonably contemplated by these Terms of Use.

  1. WHAT WE OFFER TO YOU AS A TRIBESTA GROUP

    3.1    Registration as a tribesta Member: To become a tribesta Group, you must first register as a tribesta Member, enter into a tribesta Group Agreement with us and comply with these Terms of Use.
    3.2    Access to your tribesta Members Content: You acknowledge that:
    A)    You will only be able to access the Content of a tribesta Members Account if that tribesta member has not cancelled you from his/her Account;
    B)    The extent of the Content accessible by you as a tribesta Group may be limited to information such as emergency contact details only.
    3.3    Limited nature of our Services: YOU SHOULD NOT RELY ON OUR SERVICES AS THE SOLE MEANS OF DISCHARGING ANY OF YOUR OBLIGATIONS TOWARDS YOUR TRIBESTA MEMBER (INCLUDING A DUTY OF CARE). The tribesta Portal and our Services are intended only to improve the possibility of identification of relevant information by your tribesta Members and their nominated Tribe members and tribesta Groups on an ongoing basis and by the Participating Service Providers in an Emergency Event affecting your tribesta Member. In addition, you agree and acknowledge that:
    A)    The identification of relevant information in the Content of your tribesta Members Account may be compromised or prevented by;
    i)    Misuse or misappropriation of your tribesta profile by a third party;
    ii)    Your tribesta Members inability or failure to carry with them any item that is linked to their tribesta profile via any unique number on their person;
    iii)    Your tribesta Members inability or failure to maintain accurate, current and complete information about themselves on their tribesta profile on our portal;
    iv)    The inability or failure of any Participating Service Providers to access the Content in your tribesta Members Account for any reason including their internal policies, actions of attending personnel, network failures, power failures or other causes beyond our control or your control; or
    v)    The tribesta Portal being unavailable, including during scheduled or unscheduled downtime or other reasons beyond our control, including a Force Majeure as defined in clause 9.5
    3.4    No reliance: In light of the nature of our Services, you acknowledge that we will not be held responsible for and will have no liability to you or to any third parties for anything arising out of or in connection with:
    A)    Your acts or omissions (including negligence) or the acts or omissions of any third party (including, but not limited to, Participating Service Providers, Tribe members or other tribesta Groups), improper or unauthorised access to or use of your tribesta Members Contents or your tribesta Account (other than by us);
    B)    Any persons’ reliance on any of your Content included in the tribesta Portal or the failure by any person to refer to your Content, or to follow any information, preferences or instructions in the Content, in whole or in part;
    C)    Other causes beyond our control including, but not limited to, any failure arising out of any network (including the internet) or communications, power failure, electric power surges, or a Force Majeure as defined in clause 9.5;
    D)    Your failure to comply with these Terms of Use or any reasonable guidelines, instructions or documentation provided by us;
    E)    Any fault, defect, omission or error in any data, Portal, software or equipment not supplied by us; or
    F)    Use of the tribesta Portal with any software or equipment not approved or recommend by us, or in a manner or for a purpose in breach of these Terms of Use or not reasonably contemplated by these Terms of Use.

  1. ACCESS TO AND USING THE TRIBESTA PORTAL

    4.1    Availability: We will use reasonable efforts to provide you with access to the tribesta Portal app(s) or links to our apps via our website (or other web address as notified by us from time to time) with a service availability of 98% uptime every day. You should be aware and agree that access to and use of the tribesta Portal may be temporarily suspended for scheduled or urgent server maintenance work.
    4.2    Use of the tribesta Portal: You agree at all times to access and use the tribesta Portal and our Service in accordance with:
    A)    These Terms of Use and our Privacy Policy;
    B)    All applicable laws, including without limitation, laws in connection with privacy, intellectual property, defamation, discrimination, vilification and obscenity, and all relevant regulatory requirements; and
    C)    Notices sent to you or otherwise made available on our website concerning the tribesta Portal or our Services.
    4.3    Restrictions on Use: You must not, even after the termination or expiry of these Terms of use:
    A)    Acquire, download, reproduce, or install the tribesta Portal, in whole or in part, on any computer equipment other than in the course of use permitted under these Terms of Use;
    B)    Sell, lease, license, sub-license, rent, loan, timeshare, encumber, provide, disclose, distribute or otherwise transfer or make available to, or permit use of the tribesta Portal, in whole or in part, to any third party;
    C)    Use the tribesta Portal for any purpose requiring continuous or fail-safe operation or for the avoidance of personal injury, death or illness of any person;
    D)    Use the tribesta Portal for providing legal or financial services or advice;
    E)    Decompile, disassemble, reverse engineer, attempt to derive the source code for, modify, adapt, translate or copy the tribesta Portal, in whole or in part; or develop any software or create derivative works based upon the tribesta Portal;
    F)    Remove, tamper with, seek to override or otherwise interfere with any security or technological protection measure forming part of the tribesta Portal;
    G)    Remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or legend appearing on or within the tribesta Portal;
    H)    Create a deep-link to our website for any purpose (i.e. including a link to any of our web pages other than tribesta’s home page) unless expressly authorised in writing by us;
    I)    Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other Services contained in our web site;
    J)    Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through our sanctioned Portals such as our application programming interfaces or our Services or integrations with our partners’ services;
    K)    Access, via automated or manual means or processes, the tribesta Portal for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
    L)    Engage in “framing”, “mirroring” or other otherwise simulating the appearance of tribesta or the function of the tribesta Portal;
    M)    Attempt to or actually access the tribesta Portal by any means other than through the interfaces provided by the tribesta app(s) and links to apps via our website;
    N)    Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other users or our personnel, attempts to gain unauthorised access, or transmission or activation of computer viruses;
    O)    Remove, cover or otherwise obscure any form of advertisement included on the tribesta website; or
    P)    Interfere with or disrupt the availability of the tribesta Portal, including but not limited to any servers or networks connected with the tribesta website.
    4.4    Upgrades: We may, at our discretion, provide upgrades to the tribesta Portal on the app(s) or the links to our apps via our website from time to time. Such upgrades include any modifications, enhancements, improvements, or revisions to the tribesta Portal, any updates to improve its performance or correct errors or to comply with changes to law, industry guidelines or to make technological enhancements. Use and access to all upgrades are subject to these Terms of Use.

  1. TRIBESTA MEMBERS INFORMATION

    As a tribesta Member:
    5.1    Ownership: Subject to any third party’s rights and to clause 8 of these Terms of Use, you own all Content you upload onto the tribesta Portal.
    5.2    Accuracy: It is your responsibility to ensure that all Content is updated as required, as the Content may, where applicable, be relied on in an Emergency Event. You are solely responsible for the accuracy, currency and the completeness of all Content you enter into the tribesta Portal and we will not verify the accuracy or completeness of your Content in any way.
    5.3    Compliance with laws: You represent and warrant to us that you are entitled to enter all Content uploaded by you or on your behalf on the tribesta Portal and that such Content does not violate any laws or regulatory requirements, contractual restrictions or other third party rights, including Intellectual Property rights.
    5.4    Restrictions: You must not:
    A)    Enter Content that reveals your identity such as an email address, phone number or address or is confidential in nature, except in designated fields or otherwise enter Content into a field that is not intended for such field;
    B)    Act dishonestly or inappropriately or engage in improper behaviour by posting inappropriate, inaccurate, or objectionable Content to the tribesta Portal;
    C)    Collect, use, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rent, lease, loan, trade, rebrand, or otherwise transfer Content found on the tribesta Portal (excluding Content posted by you) except as permitted in these Terms of Use or as expressly authorised by us;
    D)    Utilise any Content you view on or obtain from the tribesta Portal to provide any commercial service including any service that is competitive with us;
    E)    Upload any Content that is unlawful, libellous, defamatory, abusive, obscene, discriminatory, vilifying or otherwise objectionable.
    We reserve the right to withhold, remove or delete Content without notice, if such Content is deemed by us to contrary to these Terms of Use.
    5.5    Backup: Although we undertake all reasonable endeavours to have in place appropriate back-up arrangements, you should at all times maintain separate records of all content uploaded by you. To the maximum extent permitted by law, we exclude all liability arising out of or in connection with loss or deletion of Content, even where this occurs through our negligence.
    5.6    Deleting Content: You may at any time delete any of your content. Except where we are required to retain such Content by law or any regulatory authority, once deleted by you (even if such deletion is accidental), the Content will be erased from our systems and will be permanently unavailable to you though the tribesta Portal or our Services.
    5.7    Confidentiality: Subject to clauses 5.8 and clause 5.9, we agree to:
    A)    Use commercially reasonable efforts to keep it in strict confidence and not provide, disclose, divulge or make available to or permit use of any part of such Content by any other person except as permitted in these Terms of Use;
    B)    Only permit access to the Content by Participating Service Providers, nominated Tribe members and nominated tribesta Groups, and those of our employees, agents or contractors who must have such information for the performance for their duties;
    C)    Use the Content only for the purpose set out in these Terms of Use; and
    D)    When requested by you or at the expiry or termination of these Terms of Use for any reason, promptly cease use of and delete all Content from the tribesta Portal and destroy all documents and other materials in any medium in our possession or under our control which contain or refer to the Content.
    5.8    Disclosure of your Information: You agree that we may access, preserve, use and disclose your registration and any Content provided by you if required to do so by law (or by any judicial or regulatory body), where expressly authorised by you, or where in good faith we believe that such access preservation, use or disclosure is reasonably necessary in our opinion to:
    A)    Provide the Services (including where applicable, allowing Participating Service Providers, nominated Tribe members and/or tribesta Groups to access, and use the Content in an Emergency Event or on an ongoing basis, as applicable);
    B)    Respond to your service inquiries;
    C)    Fulfil the purpose for which the Content is provided;
    D)    Enforce these Terms of Use;
    E)    Comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures;
    F)    Comply with required or commercially prudent record keeping practices; or
    G)    Protect the rights, property, or personal safety of the users of the tribesta Portal or the public.
    Subject to these Terms of Use, we will not sell, rent or lease your Content to other organisations.
    5.9    Personal Information: Our Privacy Policy governs how we collect, use, handle and disclose any personal information or sensitive information you provide or disclose to us, in addition to these Terms of Use. You should carefully read and review our Privacy Policy in full before uploading or otherwise disclosing to us any personal information or sensitive information. If there are any inconsistencies between our Privacy Policy and these Terms of Use with respect to the collection, use, handling and disclosure of personal information or sensitive information included I the Contents, our Privacy Policy will prevail to the extent of any inconsistencies.

  1. PERFORMANCE OF SERVICES

    6.1    Standard of Performance: All Services will be performed by us in accordance with these Terms of use and to a standard consistent with accepted industry practice and applicable laws. You acknowledge that we may sub-contract the supply (in whole or part) of the Services.
    6.2    Help Desk: You may submit your queries with respect to the registration, uploading of Content or provide feedback on our Services via email info@tribesta.com.  We will use our reasonable endeavours to respond to all queries in a timely manner. Access to our Help Desk is subject to an excessive use limitation. We reserve the right to restrict or terminate your use of our Help Desk if we determine, in our sole discretion, that your use of our Help Desk inhibits or otherwise affects other users access to and use of our Help Desk. The Help Desk services provided by us under these Terms of Use do not include the correction of errors, defects or problems arising out of, in whole or in part, the causes outlined in clauses 2.5, 2.7, 3.5, 4.3 and 4.4.
    6.3    Notifications and Service Messages: All service messages and notices about the tribesta Portal and our Services will be sent via push notification or emailed to the email address nominated by you in your tribesta Account (even if we have other contact information) and made available on our website. You must ensure that the email address is kept current and that you take steps to avoid any messages from us being filtered by ‘spam’ filters or similar. You acknowledge that we will have no liability arising from your failure to maintain accurate contact or other information.

  1. FEES

    7.1    Fees: If you purchase any goods or Services that we offer for a fee, we utilise secure online billing services to process your payments and understand that any puchases are subject to their terms and conditions of use.
    7.2    GST: GST, where applicable, is included in the total cost of goods for any supply made in connection with these Terms of Use.

  1. INTELLECTUAL PROPERTY

    8.1    tribesta Intellectual Property: All Intellectual Property in and to pertaining the tribesta Portal (including any development, modification, adaptation, enhancement or improvement of the tribesta Portal) and other Intellectual Property used by us in connection with the tribesta Portal, our websites, our apps or our Services is owned by or licensed to us. Apart from the permitted use under these Terms of use, you acquire no right, title or interest in or to our Intellectual Property by virtue of these Terms of Use. The tribesta Portal is a web based application and apart from accessing the tribesta Portal on our websites, or through our apps none of its source or object codes will be made available to you.
    8.2    Infringement: Without limiting any other provision of these Terms of Use, if the tribesta Portal infringes or is alleged to infringe the Intellectual Property rights of any third party, we may at our discretion, modify or re-work the tribesta Portal so that such infringement is removed; procure the right for you to continue enjoying the benefit of the tribesta Portal in accordance with these Terms of Use; or terminate these Terms of Use upon immediate written notice to you without liability.
    8.3    In these Terms of Use, “Intellectual Property” means intellectual property and proprietary rights including:
    A)    Trademarks;
    B)    Discoveries, inventions, improvements, know-how, trade secrets, confidential information, technical data, business data or formulae;
    C)    Computer programs or databases;
    D)    Business processes, methodologies or systems;
    E)    Logos, marks, reputation, goodwill, trading name;
    F)    Drawings, designs or design rights;
    G)    Copyright or any material in which copyright exists;
    H)    Moral rights; and
    I)    Any similar industrial or intellectual property rights, whether registered or unregistered, recorded or unrecorded, stored or incorporated in any medium of any nature or description.

  1. WARRANTIES AND LIMITATION OF LIABILITY

    9.1     Non-excludable Terms: Nothing in these Terms of Use excludes, restricts or modifies the application of any legislation which by law of any jurisdiction cannot be excluded, restricted or modified. In particular, without limiting the foregoing, where you are considered a “consumer” within the meaning of the Australian Consumer Law (ACL) we give the guarantees to the extent required by the ACL (Consumer Guarantees) with respect to our goods and Services.
    9.2    No Express Warranty: Subject to this clause 9, we provide no warranty that:
    A) Your use of the tribesta Portal or our goods or Services will not infringe the Intellectual Property rights of third parties;
    B)    The tribesta Portal will be error free, or that its use will be uninterrupted;
    C)    The tribesta Portal will operate in combination with other software or any particular equipment, or other systems, or will integrate smoothly with third party applications; or
    D)    The tribesta Portal will provide any function other than expressly described on our website with respect to the tribesta Portal.
    9.3    Limitation of Liability: Without limiting the generality of this clause 9, and to the extent permitted by law, we, our directors, officers, employees, contractors or suppliers shall not be liable for any loss or damage whatsoever (including, without limitation, indirect, incidental, special and/or consequential damages, loss of profits or opportunities, or loss of business information) arising out or in connection with, or resulting from:
    A)    The death of, or any illness, disability or personal injury suffered by, any person, or property damage;
    B)    Any use or access of, or any inability to use or access, the tribesta Portal, our website, our app, any third party link, any tribesta Account or any Content;
    C)    Any use, storage, or disclosure of video or images taken on your device while using, or in connection with, any features of the tribesta Portal;
    D)    Any unauthorised access to or alterations of your transmissions, data or Content;
    E)    Any statements or conduct of any user of our website, our app, or our Services, including any information and/or advice and any defamatory statement or offensive conduct; or
    F)    These Terms of Use, including any claims arising out of the use or not being able to use or any defect in the tribesta Portal, our goods or the Services, any claims directly or indirectly arising out of any reliance on the content of our website (including your Content), any claims arising out of the unauthorised access to your Content or your tribesta Account whether at common law, under contract, tort (including negligence), in equity, pursuant to statue or otherwise.
    9.4    Permissible Limitation on Non-Excluded Terms: Where by law we are unable to exclude any guarantee, warranty, representation, condition or other term or to limit our liability as set out above, but are entitled to limit it, then our liability to you under such terms is limited, at our discretion, to the repair or replacement of goods, or payment of the cost of repairing or replacing the goods or in the case of services, to the supply the services again or paying the cost of having the services supplied again or, if this is not permitted by law, then to the fullest extent permitted by applicable law.
    9.5    Force Majeure: If the performance of these Terms of Use or any obligations under these Terms of use is prevented, restricted, or interfered with by reason of an act of God, fire, lightning, explosions, flood, subsidence, terrorist act, insurrection or civil disorder or military operations, communications infrastructure failure, government or quasi-government restraint, expropriation, prohibition, intervention, direction or embargo, inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences or authorities, strikes, lock-outs or other industrial disputes of any kind and, any other cause whether similar or not to the foregoing, outside of our control (Force Majeure), the performance of our obligations will be suspended and we may, amongst other things, suspend your tribesta Account. We will take reasonable steps to remove the Force Majeure as soon as reasonably possible, or to minimise its duration or effect, however, if the Force Majeure is not removed within 30 days, we may cancel your tribesta Account and terminate these Terms of Use.

  1. THIRD PARTIES

    10.1    Third Parties Websites: We may include links to Third Party Websites on tribesta. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.
    10.2    Use of Third Party Website: You should review any applicable terms and/or privacy policy of a Third Party Website before using it or providing any information. You are responsible for evaluating whether you would like to access or use a Third Party Sites entirely at your own risk and we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access and use of the Third Party Sites.
    10.3    Advertisements: Unless we expressly state otherwise, we have no association with our advertisers and do not endorse any of their products or services. We will not be responsible or liable for any content, products or services on the advertisements found on our website.

  1. TERM AND TERMINATION

    11.1    Term: These Terms of Use commence on the date of registration of your tribesta Account (Commencement Date) and continue until your tribesta Account is cancelled in accordance with this clause.
    11.2    Cancellation by Us: We may by notice to you restrict, suspend or cancel your tribesta Account and terminate these Terms of Use at any time, without notice, if you are in breach of these Terms of Use or in accordance with clause 9.5
    11.3    Cancellation of Your Account:
    A)    As a tribesta Member, you may cancel your tribesta Account and terminate these Terms of Use for any reason, at any time, by providing 30 days’ written notice to us or deleting your online profile;
    B)    As a tribesta Group, you may cancel your tribesta Group Account and terminate these Terms of Use for any reason, at any time after the date that is two (2) years after the Commencement Date, by providing three (3) months’ written notice to us.
    11.4    Consequences of Cancellation: Upon cancellation of your tribesta Account, these Terms of Use (including all licences granted under these Terms of Use) terminate and you will lose access to the tribesta Portal and the Services, and the Content of your tribesta Account will be permanently erased.

  1. GENERAL

    12.1    Entire Agreement: These Terms of Use and any conditions imposed by applicable law constitute the entire agreement of between you and us with respect to this subject matter and supersede and replace all prior agreements and understandings between you and us relating to that subject matter.
    12.2    Variation: We may vary these Terms of Use at any time and we will provide you with notice of the amendments. Any variation of these Terms will take effect on the date specified on the notice. If you do not wish to accept the amendments, please notify us before the date the amendments take effect and we will terminate your tribesta Account. If you continue to use our Services after the amendments come into effect, you will be deemed to have accepted the amendments.
    12.3    Assignment: You may not assign or transfer your rights or obligations under these Terms of Use unless with our prior written consent, which may not be unreasonably withheld. We may assign or novate any of our rights or obligations without notice.
    12.4    Notices: Any notice or other communication to or by a party under these Terms of use:
    A)    Must be made in writing and signed by the sender or a person authorised by the sender; and
    B)    May be served by delivery in person or made by post, fax, email, SMS or push notification.
    12.5    Severance: If any provision of these Terms of Use is held invalid, unenforceable or illegal for any reason, these Terms of Use will otherwise remain in full force apart from such provision which will be deemed deleted.
    12.6    Governing Law: These Terms of Use are governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales. Tribesta’s Terms of Use last updated on 16 January 2017.