Who We Are
The Platform is owned and operated by Edwardson Investments Pty Ltd ACN 679 448 349 t/as Tribal (Tribal, we, us and our). These Terms apply to the use of the Tribal Platform, including our website, mobile applications and any new features we might add.
By Using Our Platform You Accept These Terms
By using our Services or the Platform, you confirm that you understand and accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Services or the Platform.
Definitions
In these Terms, the following words have the corresponding meanings:
Account: A unique account created by a User to access and utilise Tribal’s Services, which includes personal information, credentials, and activity logs.
Affiliates: Any entity that directly or indirectly controls, is controlled by, or is under common control with Tribal. This includes subsidiaries, parent companies, and any other related entities.
Beneficiary: The individual, group or entity for whose benefit the corresponding Fundraiser is conducted and who is the intended recipient of the funds raised.
Donor: Any individual or entity that contributes funds to a Fundraiser on or through the Services.
Fundraiser: A campaign initiated on the Services with the goal of raising funds for a specific purpose for a Beneficiary.
Platform: The entire suite of online Services provided by Tribal and its Affiliates, including our website, mobile applications, and any related Software, services or technologies.
Profile: An optional feature that allows Users to share their activity on Tribal with other Users, to learn about activity on Tribal, and engage with other Users.
Services: All features, functionalities, and tools provided by Tribal and its Affiliates through its Platform.
Services Content: All content and materials provided by Tribal on the Services, including text, graphics, logos, images, and software, excluding User Content.
Software: The proprietary software and applications provided and owned by Tribal that enable Users to access and use the Services.
Third Party Resources: Any websites, services, content, or resources provided by entities other than Tribal or its Affiliates, which may be accessible through the Services.
User: Any individual or entity that accesses, registers for, or uses the Platform.
User Content: Any content, activity, or information, including your name, text, images, videos, and other materials, that a User posts, uploads, submits, or otherwise makes available or shares with other Users on or through the Services including in connection with any Profile.
User Conduct: The behaviours and actions of Users while using or otherwise accessing the Services.
Amendment Of Terms
We reserve the right to amend these Terms from time to time. Every time you wish to use our Platform, please check these Terms to ensure you understand the terms that apply at that time.
Limitations To Our Services
Our Services may assist and facilitate fundraising, but we are not a bank, payment processor, broker, charity, or financial adviser. We do not solicit donations, and our Services are not intended as a solicitation. We do not engage in any solicitation activities for ourselves or others on our Platform. We do not operate in any capacity that requires registration or compliance as a registered charity, not for profit organisation, deductible gift recipient or similar roles in any Australian state, as defined by relevant laws. The information provided through our Services is for general knowledge and should not be considered professional advice. For specific concerns, particularly relating to financial, legal, or tax matters, please consult a professional. We do not endorse any User, or cause, and cannot guarantee the success of any fundraising event. As a donor, it is your responsibility to determine whether a cause or fundraiser is worthy of your support.
Changes To Our Platform
We may update and change our Platform from time to time to reflect changes to our Services, our Users’ needs, changes in law and our business priorities. We will try to give you reasonable notice of any major changes.
We May Suspend Or Withdraw Our Platform
We do not guarantee that our Platform, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Platform or the Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Eligibility To Use Our Platform
We do not represent that content available on or through our Platform is appropriate for use or available in locations outside Australia. If you access our Platform from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to your accessing the Platform from your location.
If you are under 18, you cannot use our Platform or Services. By using our Platform or our Services, you represent and warrant that you are over the age of 18.
You Must Keep Your Account Details Safe
If you choose, or you are provided with, a Profile, Account, User identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any Profile, Account, User identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your User identification code or password, you must promptly notify us at tabithedwardson@gmail.com.
How You May Use Material On Our Platform
We are the owner or the licensee of all intellectual property rights in our Platform and all Services Content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth), and except as expressly authorised by the Terms, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from any part of the Services Content or any Third Party Resources; or
- use any part of the Services Content or any Third Party Resources for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our Platform or the Services Content or any Third Party Resources in breach of these Terms, your right to use our Services or the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Platform or the Services Content.
Your use of the Platform and use of any access to any content does not grant or transfer any rights, title or interest to you in relation to the Platform or the Services Content or any Third Party Resources. However we do grant you a licence to access the Platform and view the content on the Terms set out herein and where applicable as expressly authorised by us and/or our third party licensors.
Do Not Rely On Information On This Platform
This Platform is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Platform.
The Services Content is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up-to-date.
User Responsibilities
As an Organiser, you confirm that all information you provide about your Fundraiser, whether directly, through an agent, or using AI, is accurate, complete, and clear. You must describe how the funds will be used and ensure they are used solely for that purpose. You may post updates to inform Donors about fund usage and other relevant details. If raising funds for someone else, you must ensure all donations go to or benefit the Beneficiary. You agree to comply with all applicable laws and regulations, including those related to taxes and donations. If you use personal data (e.g., names, images, or likenesses), you must have legal permission to share it with us and post it on the Services. Additionally, you may not offer goods or services in exchange for donations. We may share Fundraiser information with Donors, the Beneficiary, legal authorities, and as outlined in our Privacy Policy (as published from time to time).
If you are a Donor, it is your responsibility to understand how your donation will be used, and you do so at your own risk. Check the Fundraiser’s page regularly for updates or new information. We are not responsible for promises made by Organisers or for verifying Fundraiser details. We do not guarantee that donations will be used as intended by the Organiser or User. However, we take reports of fraud or misuse seriously and will take action against any Fundraiser or User that violates our Terms. Unless you donate anonymously, you consent to Tribal using your name to promote donation matching or encourage others to donate. If required by law, we will obtain additional consent before doing so.
We do not withhold funds for tax purposes or otherwise. You, as an Organiser or Beneficiary are solely responsible for paying any applicable taxes in connection with any donations you receive. It’s up to you to calculate, report, and pay the correct amount of tax to the tax authorities.
We Are Not Responsible For Third Party Resources
Where our Platform contains links to other websites or platforms (including banner advertisements and sponsored links) and Third Party Resources, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Third Party Resources or information you may obtain from them. We have no control over the contents of Third Party Resources, and you access Third Party Resources at your own risk and subject to the terms and conditions of use for those Third Party Resources.
You might also need to register with providers we work with for the provision of Third Party Resources (Providers), which may involve agreeing to their terms. If, at any point, we or our Providers discover that the information you provided to us is inaccurate, violates our Terms or terms of service of our Providers, we may immediately suspend or terminate your access to all or some of our Services and the Platform.
Limitation Of Liability
In no event will we, our Affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Platform, any Third Party Resources, any Service Content or any Services or items obtained through our Platform or such other Third Party Resources, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
You agree to defend, indemnify and hold us, our Affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to your User Conduct, your use of any information obtained from the Platform and any use of Services Content, Services and products other than as expressly authorised in these Terms.
Content Standards
The content standards in this clause 13 apply to any and all User Conduct and use of social media features. User Conduct must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Conduct will not:
- Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our privacy policy as published on our Platform from time to time.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other Users of our Platform, you must comply with the content standards in this clause 13.
You warrant that any such contribution or your User Conduct complies at all times with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform and Services will cease immediately.
We Are Not Responsible For Viruses
We do not guarantee that our Platform or any Third Party Resources will be secure or free from bugs or viruses or any other type of malicious code or software.
You are responsible for configuring your technology to access our Platform and any Third Party Resources. You should use your own antivirus software.
Rules About Linking To Our Platform
You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website or platform in which you are linking our Platform to must comply in all respects with the content standards set out in Clause 13.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Platform must not be framed or mirrored on any other platform.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Platform other than that set out above, please contact tabithedwardson@gmail.com.
Social Media
Our Platform may connect to or be related to several social media platforms including Facebook, LinkedIn, Instagram, and various blogs (Social Media Platforms). The terms, conditions and policies that apply to the Social Media Platforms also apply to the Tribal accounts that the Social Media Platforms host. You should familiarise yourself with the terms, conditions and policies of the Social Media Platforms before you participate in them.
We reserve the right to remove or disable access to our Social Media Platform in our sole discretion without notice including for: intellectual property infringement; defamatory, unlawful, hateful, offensive, threatening, harassing or otherwise objectionable participation; illegal or unauthorised actions including for commercial advertisements or other forms of solicitation or collecting email addresses; participation that is not in compliance with all applicable laws and regulations or the terms, conditions and policies of the applicable Social Media Platforms.
You agree that any comments or reviews you make on our Platform or to our Social Media Platforms will not violate any of our right or the rights of any third-party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your comments will not contain libellous, defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Platform or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments or reviews. You are solely responsible for any comments or reviews you make and their accuracy. We take no responsibility and assume no liability for any comments or reviews posted by you on our Platform or to our Social Media Platforms.
Mobile Services
The Services include various features accessible via mobile devices, collectively referred to as “Mobile Services.” These features may allow you to: (i) upload User Content to the Platform; (ii) browse the Platform; and (iii) access certain content through a mobile application. When using Mobile Services, standard charges, data rates, and other fees from your wireless carrier may apply. Additionally, some Mobile Services may be restricted or unavailable depending on your provider or device.
By using Mobile Services, you consent to receiving communications from us regarding your Account or security via SMS, MMS, text message, or other electronic means. If you choose to receive verification codes via SMS or text message when setting up your Account, you agree to receive both automated and non-automated text messages related to your Account at the phone number provided. You may opt out in the manner described at the time of setting up your Account, except for security-related messages. Message frequency may vary, and standard data or messaging rates may apply.
We will comply with all applicable local laws and regulations before sending such communications. If you change or deactivate your phone number, you must update your Account to prevent messages from being sent to the new owner of your old number.
Australian Law Applies To Disputes
These Terms, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.
Our Trade Marks
Our business name “Tribal” and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our Affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under Clause 9. Other names, logos, product and service names, designs and slogans on this Platform are the trade marks of their respective owners and are used by us under licence.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
- in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to impersonate or attempt to impersonate us, any of our employees, another User or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm us or Users of the Platform or expose them to liability.
Additionally, you agree not to:
- use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;
- use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the Services Content;
- use any manual process to monitor or copy any of the Services Content or for any other unauthorised purpose without our prior written consent;
- use any automatic or manual process to reverse engineer or decompile any part of the Platform;
- use any device, software or routine that interferes with the proper working of the Platform;
- introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
- attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;
- attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the Platform.
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We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
Other Terms And Conditions
Additional terms and conditions may also apply to specific portions, services or features of the Platform. All such additional terms and conditions are incorporated by this reference into these Terms.
Contact
If you have any questions, complaints or claims with respect to the Platform or these Terms, they should be directed to Tribal as follows:
Edwardson Investments Pty Ltd t/as Tribal
c/ Accounting Professionals, Level 1, 1 Burra Place, Shellharbour City Centre NSW 2529