Customer Agreement (Terms and Conditions)
PLEASE READ THIS! We know it looks boring, but it's actually quite interesting ... and it has a great ending. If you don't read it and you sign up with us we will hold you to this agreement anyway.
This agreement is between us, tribemine.com, through which the tribemine.com website is administered, and you (a natural person) and sets out what we are willing to provide and what our responsibilities are as well as what your responsibilities are.
When we talk about the "site" or "website" or tribemine.com in this contract, we are referring to the website found at https://www.tribemine.com and http://www.tribemine.com.
When we talk about the "community", we are referring to the membership of the website as a whole.
When we talk about membership, we mean membership of the website.
When we talk about "we", "us", "our" or the "company", we mean tribemine.com.
When we talk about "you" and "your", we mean the natural person registering on this website.
You confirm that you consider yourself bound by this agreement when you push the "Submit" button on the registration page of the website or upon entering the site via any third party social media platform login API (Application Programming Interface).
We have tried to make this agreement simple and easy to understand with no complicated language or hidden tricks.
What We Will Provide
1. We will provide you with one membership of the website per registration as described on the site for as long as you adhere to these and any other conditions of membership referred to in this contract, and/or as long as the tribemine.com websites remain operational, subject to the cancellation of this agreement by either party for any reason, as set out in Section 4 below.
1.a. We will do all that can reasonably be expected of us to ensure that the website works properly all the time. However, we cannot guarantee this as we are dependent upon third parties for the hardware on which the site is hosted as well as the networks that give you to access the said site. In this regard you agree not to hold us liable in any way for any inconvenience, loss or damages that may result from any interruption in service provided, for whatever reason and through whatever process, where said interruption is not intentional. In short, you understand that you use the site and the tools, resources and advice found on the site completely at your own risk.
1.b. We will offer free and reasonable e-mail and web-based support to you as long as you agree to read the help documentation on the site to try and sort problems out yourself first, before contacting us. The support we offer is applicable to the front-end website only and not to any other hardware, software, Internet content or any other problems.
1.b.i. If you overdo it on your support requests or ask questions answered in the Help or FAQ sections or you are rude or threaten us or are nasty in any way, we won't help you.
1.b.ii. We will try to respond to your help requests as quickly as possible, but this may take up to 72 hours, or longer, if we are swamped. In such a case, remember that patience is a virtue.
Your E-mail Address
1.c. You must register with a unique and distinct e-mail address that you own in your personal capacity, or a work-related e-mail address assigned to you by your employer and which you manage.
1.c.i. Your e-mail address will be encrypted using industry standard encryption techniques. This doesn't mean that it cannot be stolen, but all reasonable care will be taken to ensure that the said e-mail account is safeguarded.
Maximum Number of Accounts
1.d. You may register for up to a maximum of ten memberships with different e-mail addresses. If you need more than ten memberships, please contact us for special pricing.
No Guarantee of Successful Results
1.e. We in no way guarantee that you will meet and interact with more people nor that your business will make more sales and/or increase profits and/or be improved, be more effective or more efficient through your membership of the website and in no way are we to be held liable by the claims or assertions in this regard made by our agents, representatives or any other person or persons or organisations selling or promoting the website or its membership.
2.a. Several membership classes are offered, each including unique benefits. The benefits and membership fees are listed on the website and are subject to change without notice. The membership classes are as follows;
2.a.i. Super User Membership - The Super User is the highest level of membership and entitles the member access of virtually all member areas of the website, as well as some areas that other member classes have no access to. The Super User is free for the duration of the membership. 100 Super User memberships will be offered initially but this number may be extended. The Super User membership can be canceled by us if it is not used to log into the website once per calendar month or twelve times per calendar year.
2.a.ii. Elite Membership - The Elite membership is limited to 1000 paying members, who are offered access to tools and facilities not available to lower membership levels. The membership that the Elite members pays upon signing up will not be changed for the duration of the membership and is a heavily discounted rate. Failure to pay the required membership fee on time will result in the Elite membership being converted into a Free membership with the attendant loss of all benefits of Elite membership.
2.a.iii. Premium Membership - The Premium membership are limited to 10,000 paying members, who, like the Elite members, are offered access to tools and facilities not available to lower membership levels. The membership that the Premium members pays upon signing up will not be changed for the duration of the membership and is a discounted rate. Failure to pay the required membership fee on time will result in the Premium membership being converted into a Free membership with the attendant loss of all benefits of Premium membership.
2.a.iv. Standard Membership - The Standard membership are allowed access to most tools and features on the website not restricted to higher levels. Standard members are required to pay the standard membership fee. Failure to pay the required membership fee on time will result in the Standard membership being converted into a Free membership with the attendant loss of all benefits of Standard membership.
2.a.v. Free Membership - The Free membership offers access to most basic tools on the website. The Free membership is meant to allow prospective paying members to try the website out in order to determine whether or not it meets their needs. Free members can "unlock" some tools and features reserved for higher membership levels by accumulating points and achieving higher membership levels. However, Free memberships will never offer access to all tools and features available to paying members. Payment of the required membership fee will entitle the member to access the tools and facilities available to the membership level being paid for.
3.a. You can cancel your membership with us at any time without any reason as by clicking the cancellation link on the Membership page in the members' area. Once the cancellation request has been submitted, deletion of your information must be assumed to have taken place. Please be aware that where your content or comments are part of a conversation thread where said content is integral to that thread, they may not be removed.
3.b. Your deleted information cannot be recovered.
3.c. It may take up to 72 hours for the cancellation process to be completed.
3.d. Cancellation results in deletion of your profile, your details and all information, images, media and data loaded onto the website, hereafter called "your information". This data cannot be recovered or restored.
Restriction on Future Registration
3.e. We have the right to prevent you from signing up for another membership of the site where you have signed up and canceled memberships an unreasonable number of times before. We have complete discretion to decide what "unreasonable number of times" should be defined as.
3.f. We can cancel this agreement unilaterally with you if;
- you do not pay us properly or on time,
- you do not comply with the provisions of this agreement, you place illegal, immoral or other undesirable material such as pornography, gambling-related material, anything to do with prostitution, terrorism, libel, slander, hate speech, spam and/or any other undesirable contact anywhere on the website,
- you initiate or engage in conversations about or related to contentious issues including, but not limited to, politics, religion, social justice, flat-earth theory, veganism, cycling or any other potentially divisive topic(s),
- you send spam, illegal, abusive, threatening, demeaning or otherwise unpleasant messages and/or e-mails from your account,
- you engage in bullying or brigading on the website,
- you try to hack into the website or another website or you try to manipulate any server on which the website or related websites are hosted, through your account or conduct other illegal or questionable web-based practices,
- you try to defraud, cheat or lie to us or to any other member in a way that might possible cause financial or other harm or loss,
- and/or you behave in any way that is contrary the honest, reciprocal and supportive nature of the community.
We can also alter and/or add to these points without giving any notice.
3.g.i. Before canceling this agreement, we will send you a warning by e-mail to give you notice of our intent to cancel. We can suspend your account and your profiles for infringements of this agreement without giving notice to you. We will then give you a reasonable amount of time (most probably about a week) to rectify the situation if you desire to do so, or to contact us to explain your side. The amount of time we give you is completely up to us. If you decide to contact us to explain yourself, it is completely up to us whether or not we accept your explanation or not. If we do accept your explanation and you fix the problem(s) that caused us to consider canceling the agreement with you, we will activate your account once again.
3.g.ii. Where you have not taken the required action and after the passing of the reasonable amount of time provided for you to rectify the situation or contact us, we will cancel your account and delete all of its contents. No refunds will be given for any money paid to us.
3.g.iii. If we suspend your account for infringement of this agreement more than twice in one year for whatever reason, we can cancel this agreement and delete your account forthwith. We can also refuse to allow you to register for a new account thereafter.
Unilateral Cancellation for Illegal Activities
3.h. If your activities are illegal, we will suspend your site immediately and inform the appropriate authorities. In other words there will be no period of grace. We will also work with those authorities to have you prosecuted and thereafter delete your account and all of your information. All payment made to us will be forfeit and no refunds will be given.
Points, Credits and Kudos
3.h. Points are awarded to you for pro-active and supportive activity on the website.
3.h.i. Points contribute to your reputation and are used to advance you through the hierarchy of levels.
3.h.ii. Points cannot be exchanged for money (or any other form of value) or discounted membership fees.
3.h.iii. Points are awarded automatically for specific actions taken by members. The points awarded for any specific action or omission may differ between members according to the class or level of the member being awarded the points.
3.h.iv. Point allocation will be automatically reversed when the action taken to earn the said points is reversed.
3.h.v. No modification of member points will be undertaken by us for any reason.
3.i. Kudos are tokens you can give to other members for helping or inspiring you in some way.
3.i.i. Your kudo "purse" is refilled daily. The amount of kudos your purse holds is determined by your membership class and level.
3.i.ii. The kudos you receive from other members can be exchanged for credits according to a specified exchange rate that may fluctuate.
3.i.iii. Kudos cannot be exchanged for money (or any other form of value) or discounted membership fees.
3.j. Credits can be used to access exclusive functionality. See the website for more details.
3.j.i. Credits cannot be exchanged for money (or any other form of value) or discounted membership fees.
Third Party Login Facility
4.a. Third party log-in facilities are provided to allow fast access to the website through platforms such as LinkedIn and Google, hereinafter referred to as the "access partners". We in no way guarantee that this functionality will operate properly as said functionality falls outside of our control, and although we undertake to maintain the codebase required to facilitate said access, we make no assurances that this will always be possible.
4.b. We offer no guarantee the integrity of the movement of data between the website and the access partners, and although we will take all reasonable steps to safeguard said data, we cannot be held liable for security breaches related to data transfer.
Payment and Refunds
5.a. The price to be paid in advance for a membership shall be displayed on the website. Where there is a discrepancy between the membership price displayed on different pages on our website, the membership price listed on the Membership page in the Settings section of the members' area will treated as the accurate and current price. The membership fee may be altered at any time at our discretion.
5.a.i. Whatever the price you pay upon your successful full initial payment for your membership to us be the price you pay for your membership even if the price for new memberships increases, as long as you keep your account paid up and do not default. Should you default by missing a renewal payment, you will required to pay whatever the current membership fee is at the time of renewal.
5.a.ii. Membership renewal is payable on the date of renewal (the date upon which the current membership period expires) and you are not entitled to any period of grace to make late payment.
5.a.iii. Failure to pay on time will result in your membership being suspended (meaning that you will be locked out of your account) until such time as the outstanding amount due is paid. Upon payment of the outstanding amount, or within a reasonable time thereafter, your membership will be reactivated, granting you access once again. You will also lose any discounts or bonuses given for early or bulk registration.
5.a.iv. Failure to pay for your membership for a continuous period of more than 12 calendar months, may result in your account being deleted.
5.b. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns
VAT and Other Taxes
5.c. Any taxes associated with the payment of the membership fee according to the laws in your country will be ADDED TO the fee you will be paying and then deducted by our payment processor and submitted to the relevant tax authority.
Fees and Charges
5.d. You will be liable for payment of any payment-related fees and/or charges including credit or debit card payment fees, taxes on the fee and any other fee or charge related to payment. This process is automatic and we have no input into or control over it.
6. We will refund any membership fee that you have paid to us on a pro-rated basis excluding the membership period already used and also excluding
the current month. Just to be clear, if you pay monthly, you won't get any refund if you cancel - even if you are one day into the month, as you don't get a refund for the current month. However, if you sign up for a six-month package, for example, and cancel in the middle of the second month, we will refund a pro-rated amount equal to four months of the fee paid; the refund would exclude the first month already used and the second, partially used month.
6.a. All fees and/or charges related to the refund will be paid out the refunded amount.
7.a. We welcome suggestions, constructive criticism and complaints, preferably in writing. If you are not happy about something, please let us know and we will do what we can to fix it. Complaints can be sent to [email protected]
7.a.i. We will reply to every serious complaint, subject to section 5.1.ii below. However, it may take some time to reply, especially if we have to investigate your complaint, so please be patient.
7.a.ii. Rude, threatening or abusive complaints will not be dealt with and will be ignored. We can remove points from your account for such behaviour. Repeated rude, threatening or abusive complaints will lead to suspension of your account, which in turn can can lead to termination of your account. We don't want rude or abusive people to be part of this community.
8.a. The website will send you automated update and alert/status emails from time to time. You can deactivate emails through the applicable page in the Settings section.
8.a.i. Members may receive a periodical update email, which are sent as a courtesy and is meant to be a reminder of your current status and situation on the website and in the community. We do not guarantee the accuracy of the information contained therein as it may change by the time you log into your account. It is the responsibility of the member to verify any and all information in the said emails before acting on them, and we cannot be held liable in any way for any incorrect or missing information in the said emails. We can also not be held responsible for the failure of emails to be sent to or received by the member due to any technical or other action, omission or failure of any kind.
8.a.ii It is your responsibility to ensure that your email address is correctly saved on the website and that your email client can receive emails at the said account. In other words, you may have to whitelist our domain name to receive emails from us to receive our e-mails.
Other E-mails Broadcasts
8.b. Beside the periodical update emails, we may send you news and information emails or newsletters from time to time (once or twice per month).
Comments, Articles and Media
9.a. You retain all rights and entitlements to any articles or visual or audio material (hereinafter called the "contribution") posted to the site. You grant us the capacity to display the said contribution(s) on the website for the purpose of enlightening, educating and/or entertaining other members.
9.b. You can remove any contribution at any time without advising us.
Right to Use Content
9.c. You must have the right to post a contribution on the website or related media, either as the owner or creator of said contribution, or where you have been properly granted such rights by the de facto
owner or creator.
9.c.i. It is your responsibility to get express written consent from the owner of the contribution to copy all or part of it.
9.d. Comments, including memes, jokes, insights, snippets and tidbits, posted on the website and related media or on social media dedicated to the promotion of the website and its community, however, shall be treated as in the public domain, and as such can be copied, shared and quoted without your permission.
Content Status After Cancellation
9.e. Cancellation of your membership on the website will not automatically result in the deletion of all your contributions where said contributions are posted to forums, discussions or public pages. This must be done expressly.
10.a. We may provide a range of optional services relating to your membership. If you want us to provide an optional service to you, you must let us know in writing, preferably using the options selection tools provided in the website. You must also prepay for the services required in full.
10.a.i. Where we charge an hourly rate for an optional service, the same rate would be charged for part of an hour.
11. Your membership has limits on connections, images, pages, tools and other resources according to your membership level. Please see the website for current limits and how these can be extended. These limits can be altered by us at any time without prior notice.
12.a. A membership account is owned by the person whose name is used when the account was originally registered.
12.b. The ownership of the membership account can be changed, but we need written permission from the current owner (or their properly appointed representative) saying that they agree to the transfer of ownership and written acceptance of the transfer from the recipient stating that they accept the transfer of ownership. The aforementioned written permission and acceptance may need to be faxed to us along with copies of photo identification documents.
12.b.i. You agree not to hold us liable for any costs related to a dispute of site ownership.
Official Method of Communication
13. E-mail is the preferred methods of official communication relating to the website.
14. We aren't in any way bound by the promises, assurances or undertakings of our employees, partners, agents, independent consultants, representative or users who are promoting the website on our behalf.
15. We have no claim to intellectual property rights (or any other privileges) over the material on your profile.
16. We are in no way liable for members failing to pay for goods and/or services purchased from another member, or to deliver the said goods and/or services to the purchasing member or failure by any member to perform inter partes
in any way. All transactions concluded between members are done so without our involvement and although we will try to resolve misunderstanding and act against fraudulent members, you agree not to involve us as a party to any dispute or legal proceeding that results from a transaction or agreement initiated through the website. It is your responsibility to make sure that the people you are dealing with through the website are legitimate.
17.a. You use all tools, applications, systems, application programming interfaces (API) and resources (hereinafter referred to as "tools") on the site, and you understand that you use the said tools completely at your own risk. We try to ensure that the tools we provide work properly but give no assurance that they will always function as intended and we bear no responsibility for losses or inconvenience that stem from the reliance on incorrect data or calculation, or any other inaccuracies or mistakes predicated through use of the tools or that stem from the reliance on the data or information they provide. Basically, check everything yourself if you rely on it and test tools out for yourself before you use them to make sure they work properly.
Non-Liability for Advice Received Through the Website
17.b. We are not in any way liable for any action or inaction on your part as the result of obtaining advice from any member or any other person or party offering advice or consultation through the site. This includes opinions, comments, suggestions and/or advice posted in any medium on the site or anywhere else. It is ultimately your responsibility to confirm the veracity of all information before acting upon it.
18. We may change the provisions of this contract from time to time and you will be bound by the provisions of the alterations. We therefore advise that you come back here and read this document every few months.
19. You agree to keep your personal details up to date on your site.
Limited Liability (or as we like to call it, "The hum-dinger clauses")
20.a. Under no circumstances, including justifiable negligence, shall the company, its officers, agents, assigns nor anyone else involved in creating, producing or distributing the site be liable to you or any third party for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the site or related services; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to the company's records, programs or services.
No Responsibility for Information on This Website
20.b. Further, we shall have no responsibility whatsoever to you or any third party for the accuracy or quality of information obtained through or in connection with the website. THE FEES FOR THE SERVICES SET BY THE COMPANY UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK, therefore, notwithstanding the above, your exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, statutory, delict including negligence, or otherwise, shall not exceed the aggregate United States dollar amount which you paid during the twelve (12) months immediately preceding the claim. Did you get that?
Other Legal Stuff
21. You agree to submit to the jurisdiction of the Supreme Court of South Africa for any legal proceedings related to this agreement.
21.a. This agreement is subject to South African law.
21.b. You must be a natural person who is older than 18 and competent to sign contracts, or you can get your legal guardian to sign on your behalf, but you must let us know about this situation.
21.c. Did you know that most people don't read contracts? If you have read this far, well done.
22.a. While the website is in BETA phase, you understand and accept that it is undergoing trials and that features, tools and systems may not function properly, and may even not function at all for extended periods of time. You accept that the site may crash and that you may lose some or all data that you have saved on the website. You also understand that security beaches may be possible and where said breaches occur, you agree not to hold us liable for any damages that you sustain as a result of said breach. We'll obviously do what we can to prevent such breaches, but as you know, sh*t happens.
This is The Great Ending we were talking about.
Version 2.0 Updated 12 July 2020 (The COVID 19 Update)