1. General

    1. Tribus Australia Pty Ltd ACN 613 748 119 ('we', 'us' or 'our') is the owner and operator of this website.
    2. Our services (“Services”) consist of assisting individual community members, local councils and business entities (both local businesses and larger corporations) to connect and communicate in relation to achieving projects based in a local community (“Projects”).
    3. Projects may be funded through grants and/or crowdfunding.
    4. Subject to these terms and conditions (“Terms”), any person may access or use this website via the internet without registering with or disclosing to us any personal information, however, you shall only be entitled to access all of the Services if you formally register on this website, subject to our approval.
    5. Registration on our website enables you to comment on and vote to support Projects based in the areas surrounding your residential address.
    6. Your use of and access to this website indicates your acceptance of these Terms, as they exist at that time, to the exclusion of all others.
    7. We may vary these Terms and provide 30 days’ written notice to you of any material changes. The most recent version of these Terms will be available on our website. You may wish to bookmark this page so you can review the Terms when you use this website.
    8. These Terms plus any implied terms which by law cannot be excluded are the whole agreement between you and us.
    9. These Terms shall be governed by and interpreted according to the laws of Victoria and you consent to and submit to the jurisdiction of the courts of Victoria.
    10. Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.
  2. Online Security and Restrictions

    1. All website traffic is encrypted using SSL. All private user details are encrypted using secure encryption technology.
    2. You acknowledge and agree that:
      1. We rely on internet services provided or controlled by third parties.
      2. At times, actions or omissions of such third parties can impair or disrupt your connections to the internet.
      3. Although we will use commercially reasonable efforts to take actions we deem appropriate to remedy and avoid such events, we cannot guarantee that such events will not occur.
      4. We exclude any and all liability resulting from, or related to, such events.
      5. We do not warrant that the website and the Services will be uninterrupted, error-free, or completely secure.
    3. Our website may contain links to other websites. These links are provided solely for your convenience. We do not monitor or review the content of third party websites which are linked from our site. Opinions expressed or material appearing in such sites are not necessarily shared or endorsed by us.
    4. If you submit personal information to or via any linked website, the privacy principles applying to that information are outside our control. You should check the privacy statement of the linked website before submitting information to or via that site.
    5. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from the interaction with third parties linked from our site.
    6. You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the website. You must not:
      1. Post unauthorised commercial communications (such as spam);
      2. Upload viruses or other malicious code;
      3. Solicit login information or access an account belonging to someone else;
      4. Bully, intimidate or harass any other user, whether another community member or anyone in connection with a council or business entity;
      5. Use the website to do anything unlawful, misleading, malicious or discriminatory;
      6. If you do any of the actions outlined in clause 2f above or anything else that, in our reasonable opinion, hinders the provision of the Services or the outcome of a Project, we reserve the right to restrict or revoke your access to our platform and ban you from participating in a Project.
  3. Acknowledgements and warranties

    1. You acknowledge and warrant that you have relied on your own skill and judgment or, alternatively, on the skill and judgment of professional advisers retained by you to provide advice and assistance on the suitability of this website and the Services for specific purposes and, in this respect, you shall indemnify us from and against any suit, claim, demand or compensation which, but for these Terms, you may have had against us.
    2. You acknowledge and agree that:
      1. We do not guarantee the accuracy of information received from any other community members, businesses or councils, nor do we guarantee the accuracy of information received and passed onto any business entity or council from a government department or third party;
      2. The successful performance of the Services is dependent on a number of other individuals and entities for whom we are not responsible;
      3. There is no guarantee that any Project will be successfully funded or will reach completion even after it is successfully funded.
  4. Limitation of liability

    1. To the fullest extent permitted by law, we exclude all liability for any loss or damage in relation to (except to the extent that the loss or damage is directly caused by our fraud or wilful misconduct):
      1. any other community member, the council or business entity refusing to engage in or undertake any action in relation to a Project;
      2. misrepresentation or misleading information supplied by other community members, the council or business (or their representatives);
      3. any event outlined in clause 2.b, which includes, without limitation:
        1. direct loss, loss of profits, damage caused to your computer or software systems, loss of data, or incorrect data;
        2. damage to reputation, the issue of civil or criminal proceedings or any other direct or indirect consequential or incidental damage or harm incurred by you or any third parties;
      4. any warranties or expectations which are or may be provided by any councils, businesses, affiliates or third parties regarding Projects or the Services;
      5. an insurance company refusing to insure, cover, or pay-out a claim in relation to you or the Services;
      6. a failure to meet the appropriate legal requirements placed upon you, a council or a business entity by a relevant government or authority;
      7. a real or perceived lack of availability or functionality of the website or non-performance of the website for other reasons;
      8. non-acceptance of registration for any party to access the Services;
      9. the failure of a Project to obtain any necessary funding or reach completion;
      10. any termination of a Project by a Founder after successful funding has occurred;
      11. the failure of a completed Project to operate as intended and/or reach the desired outcomes; and
      12. any assertion of claims under warranty, claims for damages or other claims with regard to the Services, including any negligent or wilful act or omission or such act or omission of any employees, agents, servants, contractors that use the Services, or others for whom councils or businesses are legally responsible.
  5. Projects

    1. Projects may be initiated by any individual community member, business or council (“Founder”). No Founder will be entitled to transfer ownership of a Project to another person or entity.
    2. We are not obligated to support any particular Project. Councils are not obligated to act on or engage with any community-led initiatives.
    3. Neither we, nor any council, are responsible for the success or failure of any Project.
    4. All Projects submitted will be visible to local council representatives.
  6. Funding and payment

    1. Projects may be funded by crowdfunding (if the Project has at least 1 supporters), and/or grants provided by individuals, businesses or local government organisations or councils at their discretion.
    2. Founders may set their own timeframes within which funding must be granted to achieve a Project provided that it is less than three months.
    3. We shall retain 5% of the funds raised from successful crowdfunding initiatives as compensation for our Services, which is payable as soon as a crowdfunding target is reached and is retained by us even if a Project does not proceed after successful funding. If a crowdfunding campaign fails to reach its goal within the specified time, or a grantor decides (in their sole discretion) not to award a grant to a Project, the Project will not be funded and, where applicable, no funds shall be deducted from the person(s) who had pledged to fund the Project(via the crowdfunding platform)
    4. If funding is not obtained, the Project can continue to remain on Tribus’ platform and the Founder will be entitled to access other functions available. The Founder or any other interested party will not be able to apply for further crowdfunding through us unless expressly approved by us at our sole discretion.
  7. Cancellation

    1. A Project may be terminated at any time, including after it has been successfully funded, by a Founder.
    2. A Project may be terminated by us at any time if we have reason to suspect that a Founder, their representative or any other person managing the Project is in breach of any local, state or federal regulations or laws.
    3. If cancellation occurs and the Project has an active (not yet complete) crowdfunding campaign, all funds raised shall be forfeited by the Project and not charged to the supporters.
    4. If cancellation occurs after a crowdfunding campaign has successfully completed, funds shall not be refunded to supporters and we limit all liability resulting from any loss that occurs in this event.
    5. A Project shall be deemed inactive if the Founder has not modified any of its related content or posted any updates on the website. We will notify the Founder if a Project has been inactive for over 30 days, and if action is not taken by the Founder to re-activate the Project, we shall remove it from our site and shall not be liable to refund any money raised by crowdfunding.
  8. Intellectual Property

    1. All intellectual property relating to this website belongs to us at all times, or has been licensed to us by a relevant individual or entity, including but not limited to all of our trade marks, logos, service marks, trade names, business names, copyrights, designs, patents, processes and other technical know-how, confidential information, inventions, and other rights in industrial property and applications for them or licence agreements or other arrangements under which a person has the right to use any of them.
    2. You shall not copy, alter, transmit or otherwise use for commercial purposes or further distribute the intellectual property contained on our website, except as permitted by us.
    3. All communication and documentation produced for or by you, or in the course of the Services or a Project (“Project Intellectual Property”) shall belong to us. Whether or not copyright exists, the personal ownership of all lists, files, correspondence, contracts and other materials created in Project Intellectual Property shall vest in us and shall not be used other than for the purposes of the Services.
    4. Whether or not copyright exists, the personal ownership of all lists, files, correspondence, contracts and other materials created for the purpose of, or in the course of, the Services shall vest in us and shall not be used other than for the purposes of providing the Services and the Project.
    5. You warrant that any information submitted by you does not breach any copyright or other intellectual property rights. To the fullest extent permitted by law, we shall not be liable for any breach of copyright or other intellectual property rights.
  9. Privacy

    1. We are committed to protecting your privacy. Only our authorised officers can access the registration information on our system, and it is only used for the purposes disclosed in the Privacy Policy, a copy of which can be viewed here.
    2. If you register on our website, your full name, municipality and chosen image will be displayed for viewing by councils, businesses and other community members (who have registered on our website) in relation to a Project. No other personal information that is provided to us on registration will be available for viewing by the public.
    3. Registered individuals can view information relating to councils, businesses and the full names and municipalities of other individuals in relation to Projects.
    4. We disclose your name, municipality, email address and ideas for Projects to your local council, in order to provide councils with data that relates to the people participating in Projects and to achieve projects, and or to enable the council to send you information about events and Projects within your municipality.
  10. Force Majeure

    We shall be released from any and all obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond our control renders the availability of the website and provision of the Services impossible, and, unless prohibited by law, we may elect to terminate these Terms.

  11. Failure to Act

    Our failure to enforce or insist upon the timely performance of any term, condition, covenant or provision in these Terms, or our failure to exercise any right or remedy available under these Terms or at law shall not constitute a waiver of any subsequent default or a waiver of our right to demand strict compliance with the Terms.