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a. Tribello Pty Ltd (“Tribello”) provides an online marketplace for independent creators to advertise their products and events.
c. Access to and use of the Site, or any of its associated products or services, is provided by Tribello.
d. Please read this Agreement carefully. If you do not agree with the Terms, you must immediately cease usage of the Site or any of Tribello’s products or services.
e. Tribello reserves the right to review and change any of these Terms at its sole discretion. When Tribello updates the Terms it will use reasonable endeavours to provide Creators and Users with notice. Any changes to the Terms take immediate effect from the date of their publication.
f. Creator and Users are fully responsible for their own conduct and actions on the Site.
2. What is Tribello?
a. Tribello provides a platform for Creators to advertise their products and events.
b. Tribello aims to champion Creators to build their business, empower them to thrive and connect with audiences globally.
c. Tribello has no direct involvement in any transaction or interaction that may occur between Users of the Site.
d. Tribello will use reasonable endeavours to maintain control over the listings that appear on the Site. This includes curation of products, Creators and events. It is aimed to maintain a quality standard by listing Creators who operate reputable businesses and offer products that are aligned to the Tribello brand.
e. Tribello does not warrant the truth or accuracy of the listings, quality of the items, ability for Creators to fulfill orders or the purchaser’s ability to pay for goods or services.
f. Tribello does not stock or store any items. Purchasers resulting from a Creator’s listing are handled entirely by the Creator. Consequently Tribello cannot guarantee transfer of the products and is not involved in the legal transfer of ownership of products from a Creator to User.
g. Tribello does not verify the true identity, age or nationality of any User or Creator.
h. Tribello requests that Creators and Users do not meet in person nor undertake any transactions external to the Site.
i. Users and Creators agree to use the Site at their own risk and acknowledge Tribello is a listing platform only and therefore not responsible or liable for any content including but not limited to text, data, images and items posted by Creators or other Users or third parties.
4. Creator Conduct
a. Creators who list products on Tribello must be aged 18 years or older and be capable of entering into legally binding contracts under the Governing Law.
b. Creators confirm and warrant you are aged 18 years or older and the information you provide to Tribello is accurate and truthful.
c. Creators agree to comply with any relevant local laws (including licensing) regarding both your online conduct and content and the operation of your business within your local jurisdiction.
d. Creators agree to maintain a valid PayPal or Stripe Account and Postal Address.
e. Creators agree to hold only one account at a time.
f. Creators agree that any content including but not limited to all data, information, images, items that you broadcast, publish, upload, transmit, post or distribute on the Site (“Your Content”) will be accurate, correct and up to date.
g. Creators agree that you will maintain reasonable records of Your Content.
h. Creators are encouraged to obtain feedback from Users who purchase items as a result of their listing on Tribello. Tribello approves the use of incentives such as gifts or discounts to encourage honest and truthful feedback. Tribello prohibits soliciting false reviews, manipulation or any acts of bribery in relation to soliciting feedback. All feedback is subject to review by Tribello and in the event of suspicious or misleading feedback Tribello reserve the right to remove feedback and cancel the Creator’s account without notice.
i. Creators must ensure any information obtained from another User is used for its intended purpose only.
j. Tribello prohibits unsolicited commercial messages from Creators to its Users.
k. Creators must not add a User’s email to a mailing list without explicit consent from the User.
5. Creator’s Store Listings
a. Creators must ensure accurate and truthful information is provided on their store profile and that it is kept up to date.
i. Creators warrant that you are in legal possession of the item or product listed and that you have the right to sell the item or product.
ii. Creators must accurately describe the product or item.
iii. Creators must provide accurate shipping and handling information.
c. Item Classification
i. Creators agree to classify items correctly and accurately.
ii. Creators agree to use only relevant tags or categories that describe the item.
iii. Tribello reserves the right to remove product listings in the event of incorrect tagging or categorisation.
d. All sales are final and binding and the Creator agrees to ship a sold item to the purchaser’s nominated address within 14 days of purchase. Tribello is not responsible for shipping occurring during this time nor deliveries being received within advised timeframes.
e. Creators are responsible for determining their own refund policies and must clearly state these within listings. Tribello is not responsible for fulfilling Creator’s refund policies. Tribello will only refund commission fees from sales on a case by case basis.
i. Creators agree to charge shipping fees or costs in a reasonable and fair manner. Excessive shipping charges or handling fees will not be tolerated by Tribello and Tribello reserves the right to remove any product listings that are deemed to include unreasonable or unfair shipping costs.
ii. Creators are prohibited from altering the price of products after a sale has occurred.
iii. Creators are prohibited from encouraging or soliciting a User to buy the item external to the Tribello listing as a means of circumventing Tribello Commissions and Fees.
iv. A Creator has the discretion to offer Coupon Codes that may be used for their store only. Creators are prohibited from selling Coupon Codes in order to avoid Tribello Commissions and Fees.
g. Creators must ensure any store listing content does not breach any copyrights.
h. Creators must ensure any information obtained from another User is used for its intended purpose only.
6. Password Security
a. You have sole responsibility for protecting the confidentiality of your password, email address and any other personal information.
b. Use of your password by any other person may result in immediate cancellation of your use of the Site.
c. Use of your registration information by any other person or third party is strictly prohibited.
d. You agree to notify Tribello of any unauthorised use of your password or email address or any breach of security of which you have become aware.
e. You must not impersonate another User or Creator either expressly or impliedly.
f. You must not use the password of another Creator or User at any time.
7. Right to Refuse and Terminate
a. Tribello reserves the right to refuse our service to anyone at any time.
b. Tribello reserves the right to terminate any inactive or unconfirmed accounts.
c. Tribello reserves the right to terminate any accounts in the event a Creator cannot be reached within 30 days of contact.
8. Commissions and Fees
a. Product Listings
i. Tribello charges a standard 5% commission on all product sales made as a result of a product listing.
ii. All commissions are paid by the Creator to Tribello at the time of sale either via PayPal or Stripe.
iii. The Commission Fee Structure is subject to change. Creators will be provided 30 days advance notice of any changes to the Commission Fee Structure.
iv. Tribello may offer Promotional Commission Fees on a case-by-case basis. Promotional Commission Fees may be capped by a nominated time period and will revert to Tribello’s Commission Fee Structure at the expiry of the nominated time period.
b. Tribello may extend its services beyond product or event listings and any fees associated with any new services will be made available on the Site at the time the service is launched.
c. All commission and fees will be charged in US Dollars.
i. Creators are solely responsible for paying any taxes, duties, fees and levies that result from their use of Tribello.
ii. Creators agree to adhere to all relevant tax laws and regulations both in their domicile and internationally.
iii. Commissions and Fees are inclusive of Australian Goods and Services Tax (GST) for sales made by an Australian domiciled Creator
9. Product Curation, Restricted Content and Behaviours
a. Tribello reserves the right to curate and moderate any and all products, items, Creators or events listed on the Site.
b. Tribello undertakes to use reasonable judgement in determining what products, items, Creators or events are respectable to a broad audience. In the event you find content to be offensive, harmful or deceptive, Tribello is not responsible.
c. Users acknowledge that there are risks involved in dealing with Creators. By using Tribello you accept these risks and fully and irrevocably release and indemnify Tribello and its officers, directors, agents, subsidiaries and employees in relation to any acts or omissions by Users or Creators that take place on the Site.
d. Tribello prohibits the following behaviours:
i. Provision of misleading or inaccurate information in any form.
ii. Listing illegal, stolen or counterfeit items.
iii. Any infringements on copyright or intellectual property of a third party, including trademarks, patents or rights of publicity and privacy.
v. Listing any items that may be harmful or toxic or that do not follow relevant guidelines by any authority in the relevant jurisdiction.
vi. Cyber bullying, defamation or harassment of any User and Tribello.
vii. Any misrepresentation of a true identity or stealing the identity of another individual.
viii. Transmission of any malicious or harmful content or code that may impact, interfere or interrupt any system or personal information.
ix. Any attempt to hack, change or adapt Tribello in any way.
x. Any false representation or impersonation of Tribello on any third party medium.
10. Copyright Policy and Intellectual Property
a. The Site, services and all related products of Tribello are subject to copyright.
b. The material on the Site is protected by copyright under the laws of Australia and through international treaties.
c. Unless otherwise indicated, all rights (including copyright) contained in the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) or the services are owned or controlled for these purposes and are reserved by Tribello or its contributors.
d. All trademarks, service marks and trade names are owned, registered and/or licensed by Tribello, who grants to Users and Creators a worldwide, non-exclusive, royalty-free, revocable license whilst a member to:
i. Use the Site pursuant to these Terms;
ii. Copy and store the Site and material contained in the Site to your device’s cache memory; and
iii. Print pages from the Site for personal and non-commercial use only.
e. Tribello does not grant Users or Creators any other rights whatsoever in relation to the Site or its services. All other rights are expressly reserved by Tribello.
f. Tribello retains all rights, title and interest in and to the Site and its services. Nothing anybody does on the Site will transfer any:
i. Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
ii. A right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
iii. A thing, system to process that is the subject of a patent, registered design or copyright (or an adaptation of modification of such a thing, system or process).
g. Unless otherwise provided for in these Terms, without the prior written consent of Tribello (or any other relevant right owner), you may not broadcast, republish, upload to a third party website, transmit, post, distribute, show or play in public, adapt or change in any way the Site or Tribello’s services. Materials on the Site that is freely available for re-use or in the public domain are not subject to this prohibition.
h. Tribello is granted a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, global license to broadcast, republish, upload to a third party website, transmit, post, distribute, show or play in public any Content Creators publish, broadcast, upload, transmit, post or distribute on the Site. Tribello is granted permission to change or adapt any such Content in anyway Tribello elects, including for promotional purposes.
i. Third party intellectual property
i. Creators represent and warrant that you have the right to use your Content and that it does not infringe on any third party copyright or intellectual property. In the event a complaint is made against a Creator or content posted by a Creator, it is the Creator’s responsibility to handle the complaint and the Creator agrees to release and indemnify Tribello for any losses (including costs) incurred by your misconduct. Tribello reserves the right to remove any posted Content that may breach such rights.
ii. Any store listing content that breaches any copyrights including but not limited to those of other Creators, Users, companies or individuals, is subject to removal.
iii. Owners of intellectual property who believe their rights have been breached are encouraged to contact Tribello (firstname.lastname@example.org) to request the removal of the relevant listing.
11. Improvement Concepts
a. Any suggestions, ideas, concepts, designs or proposed improvements (“Improvement Concepts”) submitted to Tribello via any means are considered non-confidential and non-proprietary. In the event Tribello elects to implement any Improvement Concepts, Tribello will not be held liable for its use.
b. You grant Tribello a global and non-exclusive, royalty-free, fully paid and transferable right to use and exploit any Improvement Concept submitted.
12. Communications on Tribello
a. All communications are soley conducted between or among Users and Creators and Tribello assumes no responsibility for these interactions.
b. Tribello requires all Users and Creators to abide by the following rules in relation to communication:
i. Use of due diligence and judgement in all interactions;
ii. Instant messaging is designed solely for communicating regarding a Creator’s products and any transaction or service related to the product;
iii. Unsolicited advertising or Spam via the messaging service is not permitted;
iv. Personal information should only be provided in the event it is absolutely necessary for a product transaction;
v. Face-to-face meetings with Users and Creators should not be organised;
vi. Unwanted messages or harassment of any kind will not be tolerated and Tribello reserves the right to terminate use of the Site in the event of a complaint;
vii. Solicitation for transactions of products external to Tribello is prohibited; and
viii. No interference, defamation, abuse or uncompetitive behaviours in relation to transactions of other Creators or Users is permitted.
13. Dispute Resolution
a. Tribello will not interfere with a dispute or mediate a dispute. All disputes must be handled directly between the relevant User and/or Creator. Tribello encourages all parties to resolve disputes in relation to transactions on the Site via PayPal or Stripe’s dispute resolution processes.
b. If a dispute arises out of or in relation to these Terms, either party may not commence tribunal or court proceedings in relation to the dispute unless the party claiming a dispute has arisen has given written notice to the other party detailing the nature of the dispute, the relevant clause of the Terms, the desired outcome and the action required to settle the Dispute.
14. General Disclaimer
a. Subject to this clause and to the extent permitted by law:
i. All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
ii. Tribello will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with use of the Site or these Terms.
b. Use of the Site is at your own risk.
c. Everything on the Site is provided to you “as is” and “as available” without warranty.
d. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Tribello make any express or implied representation or warranty about the Site or any of Tribello’s products or services. This includes any loss or damage you may suffer as a result of any of the following:
i. The failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
ii. The accuracy, suitability or currency of any information on the Site or its related products or services (including third party material and advertisements on the Site); and
iii. Costs incurred as a result of you using the Site or any services or products of Tribello.
e. You acknowledge that the Tribello Site and services provided are only intended to facilitate interactions between Users and Creators and that Tribello holds no liability as a result of the conduct of any Users or Creators or the misuse of your Content by any party.
a. Termination of these Terms can only be made by providing Tribello with 24 hours notice of your intention to terminate by sending written notice to Tribello.
b. Tribello may terminate the Terms at any time if:
i. You have breached any provision of the Terms or intend to breach any provision;
ii. Tribello is required to do so by law;
iii. Tribello is no longer operating the Site or providing services to Users or Creators in the country of which you are a resident or from where you use the Site or Tribello’s services.
iv. The Site or the services Tribello provides, are in the opinion of Tribello at its sole discretion, no longer commercially viable.
c. Tribello reserves the right to discontinue or cancel your access to the Site, if in its sole discretion, you breach any provisions of the Terms or any applicable law or your conduct adversely impacts Tribello’s name, reputation or violates the rights of another party.
d. Upon Termination, all of the legal rights, obligations and liabilities that you and Tribello have benefited from, been subject to or which are expressed to continue indefinitely, shall be unaffected by Termination and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
16. You agree to indemnify Tribello, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a. All actions, claims, suits, demands, liabilities, costs, expenses, loss and damage (including legal costs) incurred, suffered or arising out of or in connection with your Content;
b. Any direct or indirect consequences of you accessing, using or transacting on the Site (or attempts to do so); and/or
c. Any breach of the Terms.
17. Limitation of Liability
a. Tribello’s total liability arising out of or in connection with supplying the Site and the services provided, however they arise, will not exceed the their resupply.
b. You expressly understand and agree that Tribello, its directors, affiliates, employees, agents, contributors and licensors shall not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include but is not limited to any loss of profit, any loss of goodwill or business reputation or any other intangible loss.
c. You acknowledge and agree that Tribello holds no liability for any any indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Content to the Site.
18. If any part of these Terms is found to be void or unenforceable by a Court, that part shall be severed and the rest of the Terms shall remain in force.
19. These terms are governed by the laws of Victoria, Australia.
Updated 18th April 2017