Terms of Service

Important Legal Stuff – Terms and Conditions

These terms and conditions cover the use of the website, tools and services (the “Services”) of TribeCX, a company registered in England and Wales, under the company number 9561540 (hereinafter “TribeCX”). Using the Services means that you agree to be governed by these terms and conditions, as may be modified by TribeCX from time to time, so please read them carefully.

1. Who uses our Services - Users

TribeCX provides its Services to individuals and corporate entities.

Individuals:

If you are an individual, your account will only be accessible through up to three (3) specific computers or mobile devices which shall be tracked through the Internet Protocol Address (I.P. Address). Normally, this will be the computer which was used to register your TribeCX account. However, you may specify a different I.P. Addresses when registering which is then the authorised computers or mobile devices with which you’ll access the Services.

You cannot not share your account details, including your username and password, with any other person and or entity. The services provided by TribeCX are personal to you and you cannot assign or transfer your account to any other person and or entity.

You have the responsibility to immediately inform TribeCX in the event your username and or password has been compromised.  In which case TribeCX will immediately suspend your account and issue you with a new password.

TribeCX has the authority to cancel your account and access to the Services if it reasonably believes that the details of your account, including the username and or password, have been shared with any other person and or entity. Such cancellation will not result in any liability on the part of TribeCX.

Corporate Entities:

If you are a corporate entity, upon registering you will be asked to specify how many users will be accessing the Services. The Services shall be accessible only by that number of users specified. Also when registering, you’ll be required to specify the domain name which you’ll use to access the Services (i.e. @sample.com). Only the login credentials having the correct domain name will be able to access the services.

Neither you nor the users you have authorised to access the Services can share the account details, including any usernames and or passwords, with any other person and or entity.

You cannot assign or transfer your account to any other person and or entity without the prior written consent of TribeCX. You have the responsibility to immediately inform TribeCX in the event any of the usernames and or passwords has been compromised, in which case TribeCX will immediately suspend the account and issue you with new usernames and passwords.

TribeCX has the authority to cancel your account and access to the Services if it reasonably believes that the details of the account, including any usernames and or passwords, have been shared with any other person and or entity. Such cancellation will not result in any liability on the part of TribeCX.

2. Services

Online Services:

TribeCX provides a number of services and has custom made tools for those services. Upon subscribing, you will be asked to nominate to the services you require. You will not be entitled to access any of the services not included in your subscription. You will not attempt to use any services that you have not subscribed to by means of scripts, hacks or any other means whatsoever.

Most TribeCX Services are made available online. This means that, if subscribed to, you will have access to selected portions of the TribeCX website, tools and services online. You cannot copy, modify and or amend the services which are copyrighted with the ownership of the copyright belonging to TribeCX. You cannot share the website, tools and or services whose access is limited to subscribers only.

Associates and Consultants:

Some TribeCX Services will be provided by TribeCX associates and consultants and are clearly marked as such. If you subscribe to any such service, TribeCX will issue a separate letter of confirmation and specific terms and conditions for the service.

3. Third party applications

The use third party applications, software, scripts to modify TribeCX’s website, tools, and or services is strictly prohibited. Accessing the Services and or loading the website and or tools with any other program except a web-browser is prohibited. It is also prohibited to use any script that may change or simulate the TribeCX interface.

The use of any third party application to exploit a bug and or weakness in the TribeCX website and or tools is strictly prohibited. You are required to immediately report any bug and or weakness to TribeCX.

Any attempt to access the TribeCX tools, coded data and or servers without authorisation is strictly prohibited. It is also prohibited to reverse engineer any of TribeCX tools and or services.

4. Availability of Services

While TribeCX uses all reasonable endeavours to make the Services available 24 hours a day 7 days a week, there may be outages and disruptions making the Services unavailable for short periods of time. Upon notification of such an occurrence, TribeCX shall promptly begin to fix any issues. In such an event, you may request TribeCX to issue you with a workaround which TribeCX shall provide to you at no extra cost until the duration of the outage and disruption. An outage and or disruption lasting less than 72 hours shall not be grounds for you to cancel your subscription.

5. Payment

Service Charges:

When subscribing for a Service, TribeCX shall clearly identify the charges associated with such Service. TribeCX will clearly state the amount payable including any applicable taxes. You hereby agree to pay all such charges including any applicable taxes. In the event that TribeCX does not receive full payment either the subscribed for Service will not commence or will be suspended until full payment is received.  All TribeCX Services shall be charged in United States Dollars (USD) and that you will be responsible for any associated bank charges and fees, if any.

TribeCX will clearly identify if there are any recurring charges for the service you have subscribed to and the time of such recurring charges.  TribeCX will clearly identify any applicable taxes. You hereby agree to pay all such recurring charges including any applicable taxes. In the event that TribeCX does not receive full payment either the subscribed for Service will not commence or will be suspended until full payment is received. All TribeCX Services shall be charged in United States Dollars (USD) and that you will be responsible for any associated bank charges and fees, if any.

When subscribing for additional services, TribeCX will clearly identify any additional charges associated with such additional service and whether such charges are recurring. TribeCX shall also clearly identify any applicable taxes. You hereby agree to pay all such additional charges including any applicable taxes. In the event that TribeCX does not receive full payment either the subscribed for Service will not commence or will be suspended until full payment is received. All TribeCX Services shall be charged in United States Dollars (USD) and that you will be responsible for any associated bank charges and fees, if any.

In the event that TribeCX increases the price for a subscription which has a recurring charge, TribeCX will promptly inform you of such change which shall not take effect until your next renewal date following the effective date of any such increase.

Billing Information:

Upon subscribing to the services, you may be asked to give details of your billing account and payment method. You will be able to make changes to and update your billing account and payment method by logging-in to your account. You hereby authorise TribeCX to: a) send invoices to the address listed; and b) if applicable, take payment from the given billing account and use the payment method specified, as changed and updated by you, if applicable, to charge your account. In the event of a recurring charge, you hereby authorise TribeCX to:  a) send periodic invoices to the address listed; and b) if applicable, take recurring payments from the given billing account and payment method specified, as changed and updated by you, if applicable, in accordance with the subscription. It is your responsibility to keep your billing information updated so that we can send you the invoice(s) and or, if applicable, promptly charge your account and continue to provide services to you. In the event the billing information is incorrect which results in non-payment, the subscribed for Service will be suspended until full payment is received. In the event you request us to stop charging you on the given billing information and do not update it, the subscribed for Service will be suspended until full payment is received.

Invoicing:

Subscribers will have the option to pay through invoice only if you choose to pay for an annual subscription. If you choose this option, TribeCX will send an invoice to your given address and you will have thirty (30) days from the date of the invoice to make the payment. However, for your convenience, your subscription will commence immediately. If you do not or are unable to pay the invoice within thirty (30) days from the date of the invoice your subscription will be suspended until full payment is received.

If the subscription is for services with recurring payments for annual subscriptions, TribeCX will send periodic invoices to your given address and you will have thirty (30) days from the date of each invoice to make the payment. However, for your convenience, your subscription will commence immediately. If you do not or are unable to pay an invoice within thirty (30) days from the date of that invoice your subscription will be suspended until full payment is received.

Warranty and Authorisations:

You warrant and represent that: a) you are authorised to use the payment method provided; b) the billing information is true and accurate; c) you have sufficient funds; d) you shall immediately make the payment on receipt of the invoice and, in all events, within thirty (30) days of the date of the invoice.

You authorise TribeCX to: a) take payment using the payment method and billing information provided; b) take recurring payments using the payment method and billing information provided, if applicable; c) suspend the Service and subscription in the event of non-payment for any reason whatsoever, including without limitation lack of funds and or incorrect billing information.

You authorise TribeCX to: a) send invoices including, if applicable, periodic invoices, to the address listed in the billing information; b) issue an electronic billing statement to the email address given in the billing information once the payment has been taken; c) issue recurring electronic billing statements to the email address given in the billing information every time a recurring payment has been taken.

Refunds and Cancellation:

TribeCX has a 14 day cancellation and refund policy for all of its subscriptions, not including services provided by its consultants which are covered by separate terms and conditions. If you want to cancel any subscription within 14 days of its purchase please email TribeCX at help@tribecx.com and we will cancel your subscription and give you a full refund of any money paid. Please note that refunds may take up to 30 days to process.

Refunds and cancellation of non-recurring payment subscriptions will not be possible after the initial 14 days.

Please note that all refunds shall be made to the account and details contained in the billing information. In the event you require the refund to be made to a different account TribeCX may reasonably require additional information and or documentation which you warrant to promptly provide. In the event such additional information and or documentation is not provided to TribeCX in a timely fashion, the cancellation and refund will be delayed without liability to TribeCX until such time the additional information and or documents are received and you shall  be responsible to pay any recurring charges to TribeCX until the cancellation is effected.

Payments through PayPal:

TribeCX allows for payments to be made through PayPal. If making a payment through Paypal, funds will be deducted from your PayPal account and an invoice for your annual subscription, if requested by you, will be generated and sent to your email address.

It may take up to 5 business days for the PayPal payment to reach us and your TribeCX account details to be updated. While we are waiting for the payment to clear and update your account, you will be able to access the TribeCX website and begin using your subscription.

In the event the payment does not go through; you authorise us to suspend your account until you pay the required amount by another means of payment.

Additional PayPal terms and conditions can be found at https://www.paypal.com/. TribeCX is not responsible for the content and or use of any external website.

6. Limitation of liability

TribeCX's aggregate liability for any and all claims, whether arising directly or indirectly, including, without limitation, claims in contract, tort, or otherwise, shall not exceed the total value paid by the User for the Services. Tribecx will not be liable under any circumstances for incidental, special, consequential, punitive, or exemplary loss or damages, attorneys' fees, any loss of profits, business or revenues, damage to reputation or goodwill, lost opportunities, interruption to business, overhead costs, cost of substitute equipment, facilities or services, or downtime costs.

TribeCX will not be responsible or liable and shall be excused from the performance of any of its obligations and the provision of the Services to the extent that the performance is prevented or delayed by any cause beyond TribeCX’s reasonable control which, without in any way limiting the generality of the foregoing, shall include acts of God, riots, declared wars, acts of terrorism, major labour disturbances, civil insurrection, embargo or requisition. TribeCX will use all reasonable endeavours to minimise the effect of such events to the Services.

7. Privacy and Data Protection

TribeCX has strict measures in place to ensure that any personal data it collects is private and confidential. TribeCX use all reasonable endeavours to keep and maintain your personal information as strictly confidential and to avoid any unauthorised access, use or disclosure. TribeCX warrants that it shall use your personal information solely for the purposes for which it was given and shall not use, sell, rent, transfer, distribute, or otherwise disclose to any other person and or entity without your consent. In the event we have to share your personal data to process any service you have subscribed to we shall ask you for your consent.

TribeCX warrants that its collection, access, use, storage, disposal and disclosure of personal information complies with all applicable United Kingdom privacy and data protection laws, as well as all other applicable EU regulations and directives. You can, at any time, contact TribeCX at help@tribecx.com and request to see your data that we hold.

TribeCX also warrants that it shall at all times comply with the Payment Card Industry Data Security Standard (“PCI DSS”) requirements and shall keep your billing information and data secure in accordance with such standards.

TribeCX’s website and tools require the use of cookies on your computer. This helps us identify your computer and location, enable you to sign into your account and avail our services. This will also enable us to provide you with targeted advertising based on your preferences and industry. While you are able to control your cookies on your computer through the web browser, do note that you may be unable to sign in or use our services if you disable and or delete them.

8.Intellectual Property

Nothing in these terms and conditions shall be interpreted as constituting a transfer, assignment, sale or any other disposal of the ownership rights of TribeCX’s software and or website, the intellectual property in the TribeCX’s software and or website, whether registered or not, the brand name and logo of TribeCX, whether registered or not, any other logos used by TribeCX, whether registered or not, work method, know-how, processes and layouts which solely belong to TribeCX.

As one of TribeCX’s goals is to share with and add to the knowledge of the world, some materials and tools on the TribeCX website are licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license, the full text of which can be found at https://creativecommons.org/licenses/by-nc-sa/4.0/legalcode. Any work licensed under the Creative Commons license will be clearly identified as such with the Creative Commons logo. This means that you will be able to freely share and adapt such work as long as you correctly attribute it, allow others to share the work in accordance with the Creative Commons Attribution NonCommercial ShareAlike 4.0 International license and do not use the work for commercial purposes.

If you wish to contribute to TribeCX and submit work, you hereby agree to license any copyright in the work to TribeCX under the same Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license. For avoidance of doubt, this does not apply to work commissioned by and paid for by TribeCX.

9. Governing Law and Dispute Resolution

These terms and conditions shall be governed by the laws of the England and Wales and the courts of England shall have jurisdiction to hear any matter related to these terms and conditions.

You hereby agree to firstly attempt to settle any claim or controversy arising out of or relating to the Services or these terms and conditions with TribeCX amicably through consultation and negotiations in good faith and spirit of mutual cooperation. Any dispute arising or relating to this Agreement will first be submitted by the disputing party in writing to the other party. Any agreed decisions of parties shall be recorded in writing and be executed so as to be final and binding. In the event the parties are unable to resolve any dispute within thirty (30) days after written notice, either party may then refer such dispute for mediation.

If the parties are unable to resolve any dispute within thirty (30) days after submission to them, the dispute will be referred to non-binding mediation before a neutral party. The parties will select a mediator within forty-five (45) days after there has been a written demand for mediation. Neither party will unreasonably withhold acceptance of the mediator. In the event the parties are unable to agree on a mediator, then the parties will ask the Centre for Effective Dispute Resolution (CEDR) to appoint a mediator. The mediation will be conducted under the CEDR Mediation Rules. The cost of mediation will be shared equally between the TribeCX and you with each party bearing its own attorneys' fees. The mediation will be conducted in English and will be held in London, England.

In the event: a) either of the parties submits to the other and the mediator in writing that mediation is no longer viable; b) the mediator submits to both parties that mediation is no longer viable; or c) upon the expiry of 45 days from commencement of mediation, then either party may submit the dispute to the Courts in London, England for final adjudication.

While any dispute resolution procedures are ongoing neither party shall be allowed to suspend or terminate the services and or its obligations.

10. Notices

Notices shall be sent to you at the email account that you provided when registering and subscribing for TribeCX’s services. This is not the billing information.

Notices to TribeCX should be sent to Mr. David Hicks at hello@tribecx.com.

11. Miscellaneous

TribeCX may terminate the subscription effective immediately upon written notice to you, and without providing you with a prior notice or opportunity to cure, in the event: a) any proceeding is instituted by or against you seeking to adjudicate you as bankrupt or insolvent or seeking reorganization, arrangement, adjustment, or composition of you or your debt under any law relating to bankruptcy, insolvency or reorganisation or relief of debtors, or seeking appointment of a receiver, trustee or other similar official for you or for any substantial part of your property which is not dismissed within 60 days; or b) you take any corporate action to authorise any of the actions detailed above; and or c) you admit in writing of your inability to pay debts as they become due or you make a general assignment for the benefit of creditors. Upon such termination, any and all dues shall immediately become payable by you.

These terms and conditions shall supersede any other prior agreement or arrangement between you and TribeCX. TribeCX reserves the right to change these terms and conditions as it sees fit and shall promptly give you a copy of any revised terms and conditions, which will only take effect upon the next renewal of your subscription.

If any provision of these terms and conditions are declared or held by any judicial or other competent authority to be void or otherwise unenforceable, the remaining provisions of these terms and conditions shall remain in full force and effect. TribeCX shall then attempt to find a new provision to replace the invalid or unenforceable provision. The new provision shall be as close as possible to the original provision and you shall accept the new provision without reservation;

The headings in these terms and conditions are for convenience only and will not be used to interpret, modify or change the provisions of these terms and conditions in any manner whatsoever.

TribeCX Ltd
UK Registration 09561540
Suite 1307,
601 International House,
223 Regent Street, London,
W1B 2QD, England
hello@tribecx.com

 

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