This website (Site) is operated by Tribes.AI Pty Ltd (ABN 24 645 614 893) (we, our or us). It is available at tribes.ai and may be available through other addresses or channels.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited Conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- using our Site to defame, harass, threaten, menace or offend any person;
- interfering with any user using our Site;
- tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
- using our Site to send unsolicited email messages; or
- facilitating or assisting a third party to do any of the above acts.
Exclusion of Competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property Rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third Party Sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and Disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free or free from viruses; or
- our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
Limitation of Liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Tribes.AI Pty Ltd (ABN 24 645 614 893)
Last update: 1st January 2022
Application Terms of Service
This Agreement will continue for the Term and is entered into between us and you, together the Parties and each a Party.
1.1 Tribes.AI Pty Ltd ABN 24 645 614 893 (we, us or our), own the cloud-based software, including all instructions in hard copy or electronic form and any update, modification or release of any part of that software (Software) which is accessible at tribes.ai and may be available through other addresses and channels (Site).
1.2 These terms and conditions (Terms):
a. set out the terms and conditions upon which we agree to grant you a right to use the Services (including the SaaS Services); and
b. are binding on you from the date on which you accept these Terms (Effective Date) until the date on which your Account and these Terms are terminated in accordance with the terms (Term).
1.3 You accept these Terms by clicking a box indicating your acceptance.
2.1 This Agreement will commence on the Effective Date and will continue until terminated in accordance with clause
3.1 In consideration of your payment of the Fees, we will provide the Services in accordance with this Agreement, whether ourselves or through our Personnel.
3.2 If this Agreement expresses a time in which the Services are to be provided, you agree that such time is an estimate only and creates no obligation on us to provide the Services by that time.
3.3 Free or trial Account: We may offer you a free or trial Account with limited features designed to allow you to evaluate the Services and make sure it is right for you before signing up for a paid Plan. Any trial period can change at any time without notice. We have the right to terminate any trial Account if you are found to be misusing the Services. At the end of any free or trial Account you will be signed up for a Plan unless you notify us in writing.
- Support Services
4.1 During the Term, we will provide you technical support services as set out in your Plan, via email and/or telephone, or as otherwise agreed between the Parties, provided that where required, you assist us in investigating and ascertaining the cause of the fault and provide us with access to all necessary information relevant to the fault (including what you have done in relation to the fault)
- Employee Accounts Processed
5.1 (Subject to increase by you in accordance with clause 10.3). An Employee Account Processed is an individual, of your Personnel, whose use of the Nominated Platforms we may analyse as part of the Services.
6.1 We will commence providing the Services within a reasonable time after the later of:
a. the Commencement Date;
b. us receiving payment of the Fees; and
c. you providing us with any information that we need in order to provide the Services to you (for example, information that we need to set up your Account or get you onboarded).
- SaaS Services Licence
7.1 Subject to your compliance with the terms of this Agreement, we grant you (and any Authorised Users) a non-exclusive, non-transferable (except with our written permission), non-sublicensable (except as otherwise permitted under this Agreement), personal and revocable licence to access and use the SaaS Services for your use and enjoyment of the SaaS Services as contemplated by this Agreement, for the Term (Licence).
- Licence Restrictions
8.1 You must not (and must ensure that any Authorised Users do not) access or use the SaaS Services except as permitted by the Licence and you must not and must ensure that any other person (including an Authorised User) does not:
- use the SaaS Services in any way that breaches any applicable Laws or infringes any person’s rights, including Intellectual Property Rights and privacy rights;
b. use the SaaS Services, including any output from the SaaS Services, in an immoral or unethical way (including in a way that is to your Employee Accounts Processed’s disadvantage or detriment);
c. allow others to access or use your/their Account, password or authentication details;
d. use the SaaS Services to carry out security breaches or disruptions of a network. This includes accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access;
e. use the SaaS Services to circumvent user authentication or security of any of our networks, accounts or hosts or those of members or suppliers; and
f. use the SaaS Services to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted.
- use the SaaS Services in any way that breaches any applicable Laws or infringes any person’s rights, including Intellectual Property Rights and privacy rights;
9.1 You will require an Account, and you may set up accounts for your Authorised Users, in order to use the Services, and you must keep your Account details confidential.
9.2 You must ensure that any information you provide to us, or we request from you, for any Account, is complete and accurate and you are authorised to provide this information to us.
- Access and Availability
10.1 During the Term, we may occasionally perform scheduled and emergency maintenance and updates in relation to the SaaS Services. You agree that this may limit access to or functionality of the SaaS Services.
10.2 We will aim to provide you with reasonable notice of any interruptions to the access and availability of the SaaS Services.
- Third Party Inputs
11.1 You agree that the SaaS Services may include Third Party Inputs that interface, or interoperate, with the SaaS Services, including third party software or services and that the provision of the SaaS Services may be contingent on, limited to or impacted by, Third Party Inputs (for example, third party integrations (such as with your Nominated Platforms) and the hosting of the SaaS Services through Amazon Web Services).
11.2 You must comply with our instructions and directions, whether written or verbal, in relation to use of any Third-Party Inputs. Where we provide you with any terms and conditions for use of these Third-Party Inputs, you agree that you will comply with these and are liable for any damages and/or loss that we incur as a result of any non-compliance by you.
- Our Obligations
12. 1 We warrant, represent and agree:
a. that we are properly constituted and have the right and authority to enter into this Agreement;
b. that we will provide the Services in accordance with all applicable Laws; and
c. that we will use reasonable efforts to ensure all of our obligations under this Agreement will be carried out: by suitably competent and trained Personnel; and in an efficient and professional manner.
- Your Obligations
13.1 You warrant, represent and agree:
b. you are responsible for all users using the Services, including your Personnel and your Authorised Users;
c. to cooperate with us and provide all assistance, information, documentation, access, facilities, authorities, consents, licences and permissions reasonably necessary to enable us to comply with our obligations under this Agreement or at Law, in a timely manner;
d. all information and documentation that you provide to us in connection with this Agreement is true, correct and complete and that we will rely on such information and documentation in order to provide the Services;
e. the output of the SaaS Services is dependent on the information your Employee Accounts Processed record on the Nominated Platforms, including when they transmit personal information, or choose to use these platforms for personal purposes. Such personal use may affect the output and may allow us to view any personal information your Employee Accounts Processed transmit;
f. the technical processing and transmission of the Services, including Customer Data, may be transferred unencrypted and involves: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices; we are not responsible for your Computing Environment; and you are not and have not been insolvent.
14.1 You agree to pay us the Fees (as set out in the Plan) and any other amounts payable to us under this Agreement, in accordance with this clause, without set-off or delay via credit card or any other payment method set out on the Site.
14.2 We may suspend the provision of the Services if you fail to make a payment by its due date.
14.3 The Fees are payable on the Commencement Date and each Billing Cycle thereafter. For the first Billing Cycle, we will determine the number of Employee Accounts Processed based on the initial data provided. Before the start of every Billing Cycle thereafter, we will determine the Fees payable for the next Billing Cycle based on the data provided up until then.
14.4 At the end of each month throughout each Billing Cycle, we will calculate if there were additional Employee Accounts Processed above the number we used to calculate the Fees per month for that Billing Cycle and you must pay the Fees for these Employee Accounts Processed in arrears at the end of each month throughout each Billing Cycle. If an individual became an Employee Account Processed for only part of the Billing Cycle, the Fees will be calculated pro-rata.
14.5 We do not refund or credit any Fees for Employee Account Processed paid in advance even if the SaaS Services were not used for such Employee Account Processed. Fees paid for a particular Employee Account Processed cannot be transferred to another individual.
14.6 You cannot decrease the number of Employee Account Processed unless agreed in writing with us. Our consent may be subject to a variation to the Fees.
14.7 We provide a number of payment methods, including our third party payment processor. By making payment through a third party payment processor, you accept that processor’s terms and conditions. You must ensure your chosen payment method has sufficient funds to pay the Fees.
14.8 You authorise us to debit your payment method for the Fees when due.
14.9 You must pay any GST payable on the Fees when paying the Fees.
15.1 Fees - You agree that we may vary the Fees when you change your Billing Cycle, or by providing written notice to you of such variation. Where we provide this notice, the new Fees will take effect from the next Billing Cycle.
15.2 Fees - If you do not agree to any Fee variation, you may terminate this Agreement in accordance with clause 18.3(b)(2).
15.3 Billing cycle - You may request to change your Billing Cycle to another cycle by sending us an email at least 5 business days prior to the end of your current Billing Cycle. We will notify you in your Account of changes to the Fees resulting from changing your Billing Cycle, and the payment method linked to your Account will automatically be charged the new Fee from the next Billing Cycle.
16.1 You are responsible for the collection, use, storage and otherwise dealing with Personal Information related to your business and all matters relating to the Customer Data.
16.2 You must, and must ensure that your Personnel and Authorised Users, comply with the legal requirements of: (a) the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth); and/or (b) any privacy or anti-spam Laws applicable to you in respect of all Personal Information collected, used, stored or otherwise dealt with under or in connection with this Agreement (Privacy Laws). We may enter into another written agreement with you in respect of compliance with other international privacy regulations such as the European Union General Data Protection Regulation (GDPR) 2016/679) or the California Consumer Privacy Act 2018.
16.3 Without limiting this clause 12, you must only disclose Personal Information, if you are authorised by Privacy Laws to collect the Personal Information and to use or disclose it in the manner required by this Agreement
- Confidential information
17.1 Each Receiving Party agrees:
a. not to disclose the Confidential Information of the Disclosing Party to any third party;
b. to use all reasonable endeavours to protect the Confidential Information of the Disclosing Party from any unauthorised disclosure; and
c. to only use the Confidential Information of the Disclosing Party for the purposes for which it was disclosed or provided by the Disclosing Party, and not for any other purpose.
17.2 The obligations in clause 13.1 do not apply to Confidential Information that:
a. is required to be disclosed in order for the Parties to comply with their obligations under this Agreement;
b. is authorised to be disclosed by the Disclosing Party;
c. is in the public domain and/or is no longer confidential, except as a result of a breach of this Agreement; or
d. must be disclosed by Law.
17.4 This clause 13 will survive the termination of this Agreement.
- Australian Consumer Law
18.1 Certain legislation, including the ACL, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
18.2 If the ACL applies to you as a consumer, nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.
18.3 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind (including as to fitness for purpose), either express or implied, whether in statute, at Law or any other basis.
18.4 This clause 14 will survive termination or expiry of this Agreement.
- Intellectual Property
19.1 This clause 15 will survive the termination or expiry of this Agreement.
19.2 Ownership of Intellectual Property. Except as expressly provided in clause 15.4, we or our licensors own all Intellectual Property Rights whether under statute, common law or equity arising out of or in connection with the Services, including any ideas, concepts or techniques related to the Services.
19.3 No acquisition of Intellectual Property. Except as expressly provided for in clause 15.4, you do not acquire any Intellectual Property Rights in relation to or in connection with the Services.
19.4 Customer Data and New Materials. You retain all ownership and Intellectual Property Rights in and to the Customer Data. We will own the Intellectual Property Rights in any New Materials, except to the extent that they comprise items in which you or your licensors, have pre-existing Intellectual Property Rights.
19.5 Anonymous disclosure. We may use and disclose to our service providers anonymous data about your access to and use of the Services for the purpose of helping us to improve the Services. Any such disclosure will not include details of your identity.
19.6 Licence to use, copy or modify data
a. us and our Personnel a non-exclusive, royalty-free licence to use, copy and modify the Customer Data and New Materials, during the Term;
b. for the purpose of enabling us to perform our obligations under this Agreement; and
c. in an aggregated and de-identified form for statistical, analytical, research, quality assurance and product development and improvement purposes; and
d. us an exclusive, royalty-free licence to use, copy and modify the New Materials on an anonymised basis for business purposes.
19.7 No inappropriate use of Services You will not, and you must not allow or permit their Authorised Users to, copy, modify or create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code of or in connection with the Services, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Services. You may not use or refer to the Services in developing any competitive good or service. You must not modify the Services in any manner or form, or use modified versions of the Services without our prior written consent.
- Limitations on Liability
Despite anything to the contrary, to the maximum extent permitted by law:
a. neither Party will be liable for any Consequential Loss;
b. a Party’s liability for any Liability under this Agreement (including as part of any indemnity) will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure to mitigate that Liability; and
c. our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates.
- Exclusions to Liability
21.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability, caused or contributed to by, arising from or connected with:
a. loss of, or damage to, any property or any injury to or loss to any person;
b. the Computing Environment;
c. your and your Personnel’s acts or omissions;
d. any claim by your clients or Personnel;
e. any use or application of the Services by a person or entity other than you, or other than as reasonably contemplated by this Agreement;
f. your Employee Accounts Processed’s use of the Nominated Platforms for personal purposes;
g. any event outside of our reasonable control (including a Force Majeure Event, and a fault, defect, error or omission in the Computing Environment or Customer Data);
h. any work, services, goods, materials or items which do not form part of the Services (as expressed in this Agreement), or which have not been provided by us; and/or
i. any Third Party Inputs.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability, caused or contributed to by, arising from or connected with:
22.1 You may terminate this Agreement by providing us with 7 days’ written notice prior to the end of the current Billing Cycle.
22.2 We may terminate this Agreement by providing you with 30 days’ written notice
22.3 This Agreement will terminate immediately upon written notice by:
b. if you (or any of your Personnel) breach any material term of this Agreement (including clause 4.1(b) (Licence restrictions));
c. if you (or any of your Personnel) breach any provision of this Agreement and that breach has not been remedied within 5 business days of being notified by us;
d. if you fail to give us clear or timely instructions or information to enable us to provide the Services;
e. for any other reason outside our control which has the effect of compromising our ability to provide the Services; or
f. if you are unable to pay your debts as they fall due; and
you, if we:
a. are in breach of a material term of this Agreement, and that breach has not been remedied within 5 business days of being notified by you; or
b. notify you that the Fees are being varied under clause 11.1 and you choose to terminate this Agreement in accordance with clause 11.2.
22.4 Upon expiry or termination of this Agreement:
a. we will immediately stop providing the Services;
b. we will be entitled to anonymise or permanently delete all Customer Data within 1 week from expiry or termination of this Agreement;
c. you are to pay for all Services provided prior to termination, including Services which have been provided and for which you have not yet been charged, and all other amounts due and payable under this Agreement;
d. to the maximum extent permitted by law, Fees paid are not refundable and there will be no refunds for any unused part of the Licence; and
c. where termination is as a result of clause 18.3(a)(1),(a)(2),(a)(3) or (a)(5) you also agree to pay us our additional costs arising from such termination.
d. Termination of this Agreement will not affect any rights or liabilities that a Party has accrued under it.
e. This clause 18 will survive the termination or expiry of this Agreement.
23.1 Amendment: We may amend this Agreement at any time, by providing written notice to you. By continuing to use the Services after the notice, you agree to the amended Agreement. If you do not agree to the amendments, you may terminate this Agreement in accordance with clause 18.
23.2 Assignment: We may assign or deal with the whole or any of our rights or obligations under this Agreement without your prior written consent. You may not assign any of your rights or obligations under this Agreement.
23.3 Disputes: A Party may not commence court proceedings relating to any dispute arising from this Agreement (Dispute) without first meeting with the other Party to (in good faith) resolve the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the matter to a mediator. The Parties agree to attend the mediation in good faith. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court.
23.4 Force Majeure: We will not be liable for any delay or failure to perform our obligations under this Agreement if such delay is due to any circumstance beyond our reasonable control (including but not limited to epidemics, pandemics, and Government sanctioned restrictions and orders, whether known or unknown at the time of entering into this Agreement) (Force Majeure Event).
23.5 Governing law: This Agreement is governed by the laws of Queensland. Each Party submits to the exclusive jurisdiction of the courts operating in Queensland.
23.6 Entire agreement: This Agreement contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
23.7 Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 2 business days in the case of post, or at the time of transmission in the case of transmission by email (or, where the time of transmission is not on a business day, 9am on the next business day).
23.8 Publicity: You agree that we may use your name and logo on our website or other promotional material in relation to the use of the Services. Any other promotional material (case studies, testimonials) will require your written consent before inclusion.
23.9 Survival: clauses 7 (Your Obligations), 13 (Confidential Information), 14 (ACL), 15 (Intellectual Property), 16 (Limitations on Liability), 17 (Exclusions), 18 (Termination) and 19 (General) will survive the termination or expiry of this Agreement.
- Interpretation and definitions
In this Agreement, unless the context otherwise requires, a reference to time is to local time in Queensland, a reference to $ refers to USD currency, capitalised terms have the meanings given to them in this Agreement, the Schedule, and:
Account means an account accessible to you and/or your Authorised Users to use the Services, including, the SaaS Services;
ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time;
Agreement means these terms and conditions, all schedules (including the Schedule), annexures and attachments included, or referred to, in this agreement;
Authorised User means a user permitted to access and use the Services under your Account;
Computing Environment means your and your Authorised Users’ computing environment including all hardware, software, information technology and telecommunications services and systems;
Confidential Information includes information which:
a. is disclosed to the Receiving Party in connection with this Agreement at any time;
b. is prepared or produced under or in connection with this Agreement at any time;
c. relates to the Disclosing Party’s business, assets or affairs; or
d. relates to the subject matter of, the terms of and/or any transactions contemplated by this Agreement, whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information;
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;
Customer Data means the information, materials, logos, documents, qualifications and other Intellectual Property or data inputted by you, your Personnel, Authorised Users into the Services or stored by the Services or generated by the Services as a result of your use of the Services;
Disclosing Party means the Party disclosing Confidential Information to the Receiving Party;
Fee or Fees means those fees due and payable by you for the Services, as set out in your relevant Plan;
Intellectual Property means any copyright, registered and unregistered trade marks, designs (whether or not registered or registrable), domain names, know-how, inventions, processes, trade secrets or Confidential Information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing;
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property;
Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with this Agreement or the provision of the Services, and includes the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth);
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise;
New Materials means the materials developed which enhances the Services for the purpose of you accessing or using the Services including any modifications to the Services.
Nominated Platforms means the platforms to which you provide us access in order for us to provide the Services;
Personal Information is defined in the Privacy Act 1988 (Cth) and also includes any similar term as defined in any other privacy law applicable to you;Personnel means and of a Party’s employees, consultants, suppliers, subcontractors or agents;
Plan means the plan you choose, including the Fees, billing cycle, features and number of Authorised Users, as set out on the Site and post purchase, as set out within your Account;
Receiving Party means the Party receiving Confidential Information from the Disclosing Party; and
SaaS Services means our Software as a service as described in your Plan and on the Site;
Sensitive Information is defined in the Privacy Act 1988 (Cth) and also includes any similar term as defined in any other privacy law applicable to you;
Services means the Software, the SaaS Services, any technical support services as further particularised in the Plan and any Additional Services requested throughout the Term;
Third Party Inputs means third parties or services provided by third parties, including cloud hosting services, and including customers, end users, suppliers, or other subcontractors which the provision of the Services may be contingent on, or impacted by.
For any questions and notices, please contact us at:
Tribes.AI Pty Ltd (ABN 24 645 614 893)
Last update: 1st January 2022
The types of personal information we may collect about you include:
- your name;
- your contact details, including email address, mailing address, street address and/or telephone number;
- your age and/or date of birth;
- your credit card details;
- your demographic information, such as postcode;
- your preferences and/or opinions;
- information you provide to us through customer surveys;
- details of products and services we have provided to you and/or that you have enquired about, and our response to you;
- your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
- information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
- additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information;
- any other personal information requested by us and/or provided by you or a third party; and
- any information related to your activities at work provided to us by your employer in the course of using our products and services.
We may collect these types of personal information directly from you or from third parties.
Collection and Use of Personal Information
- We may collect, hold, use and disclose personal information for the following purposes:
- to enable you to access and use our Site, associated applications and associated social media platforms;
- to contact and communicate with you;
- for internal record keeping and administrative purposes;
- for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
- for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
- to comply with our legal obligations and resolve any disputes that we may have; and
- to consider your employment application.
Disclosure of Personal Information to Third Parties
We may disclose personal information to:
- third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
- our employees, contractors and/or related entities;
- our existing or potential agents or business partners;
- anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
- courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; [and]
- third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia including in the United States of America; and
- third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia including in the United States of America.
By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.
Your Rights and Controlling your Personal Information
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information. In certain circumstances, as set out in the Privacy Act 1988 (Cth), we may refuse to provide you with personal information that we hold about you.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Storage and Security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
Cookies and Web Beacons
We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
Links to Other Websites
For any questions or notices, please contact our Privacy Officer at:
Tribes.AI Pty Ltd (ABN 24 645 614 893)
Last update: 1st January 2022