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, STZ Group (Pty) Ltd, a private company registered in the Republic of South Africa 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 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 and/or as long as we remain in business, unless this agreement is canceled by either party for any reason set out below.

1.a. We will do all that can reasonably be expected of us to ensure that the website works properly all the time, but 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 the servers crashing and/or the website not functioning or not functioning properly.

1.a.i. You understand that you use the site and the tools, resources and advice found on the site at your own risk.

1.a.ii. No refunds will be given or compensation paid for losses or damages suffered by you due to failure of the website, either technical or as a result of hacking, problems with the servers or systems that the website is hosted on or any other cause. In other words, if the loss is not directly attributable to our gross negligence or intent, we are not liable.

Support

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 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, 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 use a distinct e-mail address that you own when you register. 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 Results

1.d. 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.

Beta Phase

1.e. While the website is in BETA, 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.

Membership

Trial

2.a. A seven (7) day trial membership of the website is available for free, although access to certain features and facilities may be restricted at our discretion.

2.a.i. When the seven day trial membership (described in 2.a.i, above) expires, you are required to purchase a paid membership. Failure to do so will result in your membership being suspended. This will prevent you from accessing the membership area of the site and your personal and business profiles will not appear in any searches nor promotional areas of the site. However, you will be able to reactivate your membership for a period of not more than 12 calendar months by logging into the membership reactivation area of the site via a link in the e-mail advising you of your membership suspension. You will be required to pay the monthly membership fee to reactivate your membership.

Matching

2.b. Your membership will entitle you to be matched periodically with a number of members defined on the website, which number may be adjusted according to the membership tier that you are on. The number of periodic matches defined on the website can be increased or decreased by us at any time without notification to you and for any reason. Matches will be made provided the pool of available people with whom you could potentially connect is big enough to permit such a match.

2.b.i. If no match is possible, you will automatically be given a credit (see 2.c., infra, regarding credits).

2.b.ii. The person you are matched with will be chosen randomly by the website's program and although the said program will use filters to identify potential matches that align with one or more of your profile criteria, this can in no way be guaranteed.

2.b.iii. You accept the fact that a match does not equate to a connection and that it is up to both parties to signify their willingness to create a connection between them by sending handshake messages, thereby confirming their willingness to proceed with the process of creating connection.

2.b.iv. You understand that, for whatever reason, some people take several days to reply to match requests and you agree not to get bent out of shape if you have not received a reply to your match request after a few hours or even a day or two.

2.b.v. You understand that although you do not have to accept every match provided, declining more than 20% of matches presented to you will lead to points being deducted from your reputation score. The lesson here is not to be too picky. You never know how valuable a potential connection is going to be so you ought to given them the benefit of the doubt.

2.b.vi. You agree to take the time and put in the effort to find out about the person you are matched with, no matter who they are, and to do all you can to build a relationship with them over time.

Credits

2.c. Credits allow you to use the facility on the website to find potential connections and to create a "match" with them. It will then be up to you to send a "handshake" to them in order to encourage the other party (hereafter referred to as "discretionary connections") to reciprocate and create a connection with you.

2.c.i. Discretionary connections can refuse your "match" and in such a situation, you will not be refunded your credits. No risk, no reward.

2.c.ii. The number of credits required to create a "match" differs according to the level of the potential discretionary connection, where their level is higher than yours, as well as their reputation score.

Kudos

2.d. Kudos can be used to reward other members for help or information they provide. Your kudo score will be topped up to the level maximum each day. Members cannot take back kudos once have been awarded.

2.d.i. Kudos can be exchanged for credits per an exchange rate that is displayed on the website. The said exchange rate can be altered by us at any time and without giving notice. Alterations of the exchange rate are not retroactive.

Tribe Master

3.a. If you assume the role of a "tribe master", you will be responsible for the following;

3.a.i. You will be responsible for attracting non-members to the website and encouraging them to register as members of your tribe.

3.a.ii. You will spend time on the website regularly (a minimum of five hours per week in the role of tribe master) to encourage, assist and guide members who have joined your tribe.

3.a.iii. You will act fairly and impartially to all tribe members and not favour any particular individual or group in your tribe.

3.a.iv. You will be responsible for declaring clearly in writing the rules for your tribe as well as describing the purpose and character of your tribe. It will be incumbent upon each tribe member to familiarize themselves with your rules.

3.a.v. You will regularly (at least once per week) add written and/or video content to your tribe content page(s)

3.a.vi. You will be entitled to suspend or expel members of your tribe for transgressions of your tribe rules IF a written warning has been issued and the same transgression is repeated by the offender.

3.a.vii. You are entitled to promote your own products and/or services on the designated page(s) within the tribe section of the website. No promotion of said products and/or services may be undertaken in any other areas of your tribe pages, including but not restricted to posts, replies and/or other interactions between you and your tribe members.

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, Google and Facebook, 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.

Payment and Refunds

3.a. The price to be paid in advance for a monthly or any other period stipulated, shall be displayed on the website. It may be altered at any time at our discretion.

3.a.i. Whatever the price you pay upon successful registration on the website and subsequent profile launch within a reasonable time shall 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.

3.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.

3.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.

3.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.

Payment Channels

3.b. Payment can only be made through the channels provided on the website, unless other arrangements are expressly made with and confirmed by us in writing.

Fees and Charges

3.c. You will be liable for payment of any payment related fees and/or charges.

Refund

3.d. We will refund any membership fee that you have paid to us on a pro-rated basis that excluded the membership period already used up, and 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 month of the fee paid; the refund would exclude the first month already used and the second, partially used month.

Cancellation

4. You can cancel your contract with us at any time without any reason as long as you let us know through the support system on the site or by email. We will confirm your desire to cancel in a message to your registered email address and you must respond by return email to confirm that you want your account canceled. Cancellation results in deletion of your profile, your details and all information, images, media and data loaded onto the website, hereinafter called "your information".

4.a.i. Your deleted information cannot be recovered.

4.a.ii. Deletion of your information must be assumed to have taken place immediately after we receive your confirmation email that you want your account terminated. However, actual deletion may only be affected several days after receipt of the said cancellation confirmation.

Restriction on Future Registration

4.b. 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.

Unilateral Cancellation

4.c. We can cancel this agreement unilaterally with you if;

We can also alter and/or add to these points without giving any notice.

4.c.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 problems that caused us to consider canceling the agreement with you, we will activate your account once again.

4.c.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. All purchased services will be forfeit and no refunds will be given for any money paid to us.

4.c.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.

4.c.iv. Please Note: 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.

Complaints

5.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.

5.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.

5.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.

E-mail

6.a. The website will send you automated update and alert/status emails from time to time. All members can deactivate emails through the applicable page in the Settings section.

6.a.i. Members may receive periodical email updates, which are sent as a courtesy and are meant to be reminders only. We do not guarantee the accuracy of the information contained therein. 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 technica failure of any kind.

6.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.

Other E-mails Broadcasts

6.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

7. 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.

Content Removal

7.a. You can remove any contribution at any time without advising us.

Right to Use Content

7.b. 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.

7.b.i. It is your responsibility to get express written consent from the owner of the contribution to copy all or part of it.

Public Domain

7.c. 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

7.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 forum, discussion or public pages. This must be done expressly. Comments will not be deleted.

Options

8. 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.

8.a.i. Where we charge an hourly rate for an optional service, the same rate would be charged for part of an hour.

Points

9. Points are allocated to a member's profile automatically for specific actions undertaken or content added. Points are also automatically subtracted in specific actions are reversed.

9.a. Point allocation or removal is recorded in the member's activity log and can be disputed by contacting us. However, we have complete discretion as to how to award or remove points, and can remove or award points for any reason that we see fit.

Limits

10. Your membership has limits on images, pages, tools and other resources according to the membership plan you are paying for as well as the level you are on. 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.

Ownership

11. A membership account is owned by the person whose name is used when the account was originally registered.

11.a. 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.

11.a.i. You agree not to hold us liable for any costs related to a dispute of site ownership.

Official Method of Communication

12. E-mail is the preferred methods of official communication relating to the website.

Other Stuff

13. 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.

14. We have no claim to intellectual property rights (or any other privileges) over the material on your profile.

15. 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.

15.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 do and we bear no responsibility for losses, incorrect data or calculation, inaccuracies or mistakes predicated through use of the tools or reliance on the data or information they provide. Basically, check everything yourself if you rely on it and test tools out before you use them to make sure they work properly.

Non-Liability for Advice Received Through the Website

15.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.

16. 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.

17. 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")

17.a. Under no circumstances, including 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

17.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 your/their site. 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 Rand amount which you paid during the twelve (12) months immediately preceding the claim. Did you get that?

Other Legal Stuff

18. You agree to submit to the jurisdiction of the Supreme Court of South Africa for any legal proceedings related to this agreement.

18.a. This agreement is subject to South African law.

18.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.

18.c. Did you know that most people don't read contracts? If you have read this far, well done.

This is The Great Ending we were talking about.

Version 1.0 Updated 29 June 2019