Welcome to the website of TRIBULAR (ABN 98 375 513 484) ("we", "us" or TRIBULAR), an online platform connecting Startups with Experts to help them launch their Startup.
This website is located on the web via the domain www.tribular.co and includes all the files located in that domain ("this site").
This website is not currently available for use by citizens of the European Union. If you are an EU citizen, we kindly ask that you do not access the site.
What we do
At TRIBULAR, we:
• maintain a community of Startups and Experts;
• facilitate online job listings on behalf of Startups looking for Expert help; and
• maintain a platform to facilitate the exchange of information and expertise, on the one hand, and monetary compensation on the other,
on this site (together, the Services).
Please note that the Services we provide are limited to those contained on the website and platform. This is distinct from professional services sought, offered and/or provided through the platform. These are sought by Startups and offered by Experts independently, not by TRIBULAR. Our involvement in the service delivery is limited to offering the use of our platform to assist with communication, project management and payment.
Role of TRIBULAR
The relevant Expert, and not TRIBULAR, is:
• the supplier of any services that Startups offer to purchase; and
• solely responsible for supplying Startups with those services and for those services themselves.
When an Expert submits a quote through the platform in response to a job listed by a Startup, that constitutes an offer by the Expert to enter into an agreement with the Startup. If the Startup accepts the quote, they will be entering into a binding agreement with the Expert. TRIBULAR is not a party to that contract. It is up to the Startup to investigate and review the Expert’s terms and conditions of supply – including its policies on refunds, returns, cancellations and rescheduling, as applicable – to negotiate the terms of that agreement (if applicable) prior to entering into a binding agreement with the Expert .
We do not act as agent for the Startup or Expert and we make no representation or warranty, and provide no guarantee, that the Expert will provide the Startup with the services that the Startup offers to purchase through this site, or that those services will meet expectations. Startups should satisfy themselves through their own enquiries as to the quality or suitability of any Expert listed on this site and any services supplied, offered or recommended by or on behalf of an Expert.
Role of Startups
Startups are responsible for:
• maintaining a current and accurate profile;
• posting legitimate requests for quotes from Experts on the platform with the genuine intention to purchase services from an Expert;
• being responsible, reachable, timely and constructive to facilitate the proper and prompt completion of the quoting process and any job;
• notifying TRIBULAR within three (3) days of a job’s completion; and
• providing TRIBULAR with an honest and constructive rating of the Expert’s performance based on their experience.
Role of Experts
Experts are responsible for:
• maintaining a current and accurate profile;
• responding to requests for quotes by Startups on the platform with a genuine offer to render the required services for the agreed fees;
• ensuring that the services they offer to Startups are within their particular area of Expertise and that they have the requisite skills and knowledge to complete the job to a professional standard;
• being responsible, reachable, timely and constructive to facilitate the proper and prompt completion of the quoting process and any job;
• notifying TRIBULAR within three (3) days of a job’s completion; and
• providing TRIBULAR with an honest and constructive rating of their experience with the Startup based on their experience.
Registration and accounts
Requirement for registration
TRIBULAR reserves the right to make any parts of this site accessible only to users who have registered.
Application for registration
To register an account with TRIBULAR, head to the Create Account page on the site and complete your details. To register, you must be at least 18 years of age. By applying to register an account, you represent and warrant to TRIBULAR that you are over the age of 18 years. Should TRIBULAR suffer any damage or other losses because of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from their parents or guardian. At registration, you will be asked whether you would like to register as a Startup or as an Expert. If you would like to apply as an Expert, you must:
• be passionate about helping start-up businesses;
• have launched your own startup or business in the last 5 years;
• undertake to provide services in compliance with all applicable laws; and
• hold all prudent and required insurances, having regard to the nature of the services you will be offering on the platform.
Username and password
When you register to create an account on this site, we will issue you with a username and password to access your account. You are responsible for maintaining the security of your password for this site. TRIBULAR will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that TRIBULAR will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify TRIBULAR immediately of any known or suspected unauthorised use of any password or any other breach of security.
• a valid email address;
• accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
• any other information that we may require during the registration process, such as information about your business idea, existing business or expertise.
You are responsible for ensuring the accuracy and currency of this information and must promptly update this information to maintain its accuracy.
You represent and warrant to us that all information you provide to us, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
Multiple accounts and automated account opening
You may only open one account with this site. Accounts registered by "bots" or other automated methods are not permitted.
Approval of registrations
We reserve the right to accept or reject any application for registration of an account with this site in our absolute discretion. We may make registration as either a Startup or a contributor subject to such conditions as we see fit. We will publish such requirements in these terms, on our registration page or elsewhere on this site.
In many cases, new accounts are not approved due to them being incomplete, inaccurate or unresponsive. If we are not able to reach you after several attempts, your registration request may be rejected.
TRIBULAR reserves the right in its absolute discretion to de-register your account at any time, including:
• if you have not posted or responded to a job listing on the site within a twelve (12) month period; or
• if you have received three (3) consecutive ratings of three (3) stars or less; or
• TRIBULAR determines (in its absolute discretion) that you have not complied or will not comply with the terms set out herein.
All prices quoted and payments made via the TRIBULAR platform must be in Australian Dollars ($AUD). Experts who provide quotes in alternative currencies will be asked to amend their quote and may be removed from the platform for repeated infringements of this condition. Quotes must be no less than $10AUD.
To assist TRIBULAR account holders, we offer to accept payments from Startups on behalf of Experts as their limited collection agent via our payments platform.
Each Expert hereby appoints us as their limited payment collection agent solely for the purpose of collecting payments made by Startups. Each Expert agrees that a payment made by a Startup to us will be considered the same as a payment made by a Startup directly to an Expert and the Expert will sell or provide all agreed goods and services to the Startup as if the Expert had directly received the payment from the Startup, regardless of whether the fees have yet to be received from TRIBULAR.
We collect fees from Startups in advance, to secure payment for our Experts. On acceptance of a job, Startups will be directed to a payment gateway hosted by a third-party provider (Stripe) to make payment. We hold the funds in our escrow account until both parties have confirmed that the job has been completed as agreed. You may be required to register an account with such third-party provider. If you do not wish to do so, you may not be able to use this site or the Services. If we change our payment provider or escrow provider, you may be asked to agree to any further additional terms with those providers. If you do not agree to them, you may not be able to use the site or Services.
All major credit cards and debit cards are accepted. Please note that we do not accept credit cards issued by banks outside of Australia. We charge Startups a nominal Service Fee to access the Services, equivalent to 3% of total agreed fees for each engagement. This Service Fee is made up of transaction fees we incur for processing credit card payments, which we pass on to you (at the time of last review, these fees amounted to 1.75% + 30¢ for domestic cards), plus a small TRIBULAR handling charge.
We require both parties to mark the job as completed within the TRIBULAR platform within three (3) days of job completion.
We will remit payments (less Access Fees – see below for more information) to Experts within ten (10) business days of confirmation of job completion by both the Startup and the Expert and will provide a copy of the invoice to the start up. Experts are required to provide TRIBULAR with their Australian bank account details for payments to be remitted.
Each Expert agrees that all fees for a given service are earned by the Expert only following the delivery of the applicable services and we will not be under any obligation to remit fees to an Expert until the Startup and Expert have confirmed delivery of the relevant services.
We understand that legal professional Experts on our platform are subject to the Legal Profession Uniform Law 2014 (NSW) (UPL) and have statutory and other regulatory obligations in relation to trust money under that Act. We note that money paid by a Startup to TRIBULAR for the Services of such a legal professional Expert under these terms does not amount to ‘trust money’ as defined by in section 129 of the UPL and equivalent legislation.
The Services are free for Startups (save as to the Service Fee, referred to above). We charge Experts a small fee to access the Services on the site (Access Fee). The Access Fee is calculated at the rate of 20% of total agreed fees for each engagement. The Access Fee will automatically be deducted from any funds held by us on behalf of the Expert in the escrow account.
The Access Fee is non-refundable, subject to your rights under Australian Consumer Law.
We may set-off Access Fees against any other amounts held by us on your behalf.
We may restrict your account until all Access Fees have been paid.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST.
As between Startups and TRIBULAR and Experts and TRIBULAR, all amounts paid through this site are non- refundable.
a) the Startup and Expert mutually agree to cancel a job; or
b) the job has not commenced within ten (10) business days of the job being accepted and following reasonable attempts by either party to contact the other to commence work; or
c) we are otherwise satisfied that the fees for services should be returned to the Startup,
then, subject to the below, we will return fees paid by a Startup and held in the escrow account to the Startup.
If a job is cancelled, we will retain the Access Fee and the cancellation will be attributed to the Expert, unless the Expert can provide evidence to our reasonable satisfaction that the Startup caused the cancellation.
If a job is cancelled by the Startup (in our sole determination), the Startup will forfeit all amounts paid, which will be remitted to the Expert (less the Access Fee).
If the parties agree to any additional cancellation fee payable under the contract between them, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
Following resolution of a cancelled job in accordance with this clause, we may take up to 14 days to return the funds owed to any person.
If, pursuant to the terms and conditions of the contract that is formed between any Startup and any Expert, a party is entitled to any remedy, it is the responsibility of the aggrieved party to seek such remedy. Each party agrees to comply with the dispute resolution procedures set out in this agreement in such event. TRIBULAR does not guarantee the provision of any refund or other remedy to any party and parties must not take action against TRIBULAR to enforce their entitlement to a refund or remedy from a user.
Where a Startup (which includes his/her/its employees, agents, representatives, related entities or associated entity) contacts an Expert for the engagement of further services outside the site, the Expert must during the period of 12 (twelve) months after first being introduced to the Startup by TRIBULAR, direct the Startup to engage the Expert via the site. We will remove any Expert found not to be directing Startups back to the site. In the event the Startup engages the Expert outside the site, the Expert acknowledges and agrees that they will be liable to TRIBULAR for the equivalent of 20% of all fees received for services rendered by the Expert to the Startup during the above-mentioned period. For avoidance of doubt, this clause applies to all funds received for services rendered, whether they are paid by the startup or not and includes government grant funding.
You grant TRIBULAR the right to examine your books, accounts and records at such times as we may reasonably request to ascertain whether you are in breach of this clause, and you agree to deliver up any quote, invoice or agreement evidencing fees for services rendered outside the site within seven (7) days of notice of a request.
You acknowledge and agree that this clause is fair and reasonable under the circumstances and these restraints are reasonably necessary to protect our legitimate business interests.
Restrictions on use
Your use of this site is subject to the rules set out in the Schedule.
Without limiting any other remedies available to TRIBULAR at law or in equity, TRIBULAR reserves the right to, without notice:
• temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide the Services to you if:
- TRIBULAR is unable to verify or authenticate any information that you provide to us; or
- TRIBULAR believes that your actions may cause damage and/or legal liability to TRIBULAR, any of its customers or suppliers or any other person; and
You indemnify and hold harmless TRIBULAR and its employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
• any material or information that you submit, post, transmit or otherwise make available through this site;
• your use of, or connection to, this site; or
While our third-party payment gateway and website hosting providers employ secure technology for transactions, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than TRIBULAR.
We and/or our third-party providers may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. If further information is requested and you do not provide the requested information within such time as we and/or our third-party provider considers appropriate, your request to register an account with either TRIBULAR or a third-party provider may be rejected, in which case you may not be able to access the Services.
We are not affiliated with and do not recommend or endorse any third-party services that are listed, advertised or referred to in this site or the content of any third-party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third-party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third-party websites is at your own risk and subject to their respective terms and conditions of use.
Content supplied by users
This site includes an online platform that allows Startups to advertise for job opportunities for Experts, who can apply to provide the services through this site. This includes the opportunity to upload information and other content directly to this site for our users to access. We do not act as agent for any user and we take no responsibility, and assume no liability, for:
• any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
• any of the information supplied (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
• any loss or damage that results from any dealings that you may have with such posters.
You acknowledge that we do not:
• check the truth or currency of any of the material or information that third parties provide or make available through this site;
• control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the services of any third parties referred to in this site or whose identities become known to you through this site, including suppliers of content that is published or made available in or through this site;
• offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
• endorse or recommend any third-party supplier or any third-party services, including where details of the relevant supplier are provided by us to you or otherwise become known to you through this site.
You are solely responsible for your interactions with other users listed on this site and TRIBULAR is not a party to any transactions between you and such users. We encourage users to try to resolve disputes with other users directly. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users, including assisting users to resolve disputes.
Any user may refer a dispute to us. You must co-operate with any investigation undertaken by us, if we choose in our discretion to investigate. We reserve the right to make a final determination (acting reasonably) based on the information supplied by the parties to the dispute. Please note that to ensure fairness to both parties, we will give consideration only to communication that occurs within the TRIBULAR platform. Please keep this in mind during the engagement and ensure that all communications are made through the TRIBULAR platform.
You acknowledge and agree that we may, in our absolute discretion, provide such information as we see fit to other parties involved in a dispute for the purpose of a resolution. If we provide information about other users to you for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify us against any claims relating to any other use of information not permitted by these terms.
If you believe that any Expert from which you have purchased any goods or services through this site has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take action against that Expert if we consider it appropriate at our discretion to do so. TRIBULAR will not, however, act on your behalf, or on behalf of any Expert, in respect of any dispute between you.
• this site;
• all its content (including all the text, graphics, designs, software, data, code, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
• all software, systems and other information owned or used by TRIBULAR in connection with the Services (whether hosted on the same server as this site or otherwise).
All Proprietary Content is the property of or licensed to TRIBULAR and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these terms or with the prior written consent of TRIBULAR or other copyright owner (as applicable).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
TRIBULAR’s logo and the phrase "TRIBULAR" are trademarks of TRIBULAR. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of TRIBULAR. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of TRIBULAR.
This site contains some features that enable you and other users to upload User Content. TRIBULAR reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
• represent and warranty to TRIBULAR that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
• grant to TRIBULAR a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at TRIBULAR’s absolute discretion.
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing.
Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement.
We may take such action as we deem reasonably necessary and appropriate, which may include removing or blocking the allegedly infringing material. If we require substantiation of a claim (such as evidence of filing of an action seeking a court order against the provider of the allegedly infringing material), we may restore any removed or blocked material at our discretion.
Disclaimer of warranties
To the maximum extent permitted by law, TRIBULAR expressly disclaims all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this site and the Services, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non- infringement.
This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, TRIBULAR and its employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
• the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• this site will meet your requirements or expectations;
• anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
• the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
• errors or defects will be corrected; or
this site or the servers that make it available are free of viruses or other harmful components.
Limitation of liability
Nothing in these terms is intended to limit or excludes any right, guarantee, warranty, representation or condition that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law.
Exclusion of liability
To the maximum extent permitted by law, TRIBULAR expressly limits its liability for breach of any non- excludable condition or warranty/guarantee implied by virtue of any legislation to the supply of the services again, the payment of the cost of having the services supplied again or refund of amounts paid under these terms (the choice of which is to be at TRIBULAR's sole discretion).
• the singular includes the plural and vice-versa;
• a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
The agreement between us constituted by your use of the site may be terminated at any time by us without notice or by you reason by emailing us and giving us fourteen (14) days’ notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the site or Services.
Governing law and jurisdiction
Use of this site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this site is unauthorised, it is your responsibility to stop using this site.
• Access Fee means the amount charged by TRIBULAR to the Expert for access to the Services on the Website.
• Account Holder means a person who has applied for registration and has been accepted by TRIBULAR to have an account on the Website.
• Escrow Account means the holding account maintained by TRIBULAR into which Startups transfer funds for services to be provided by an Expert and where funds are retained, transferred or refunded pursuant to these terms.
• GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Services means the limited services provided by TRIBULAR to account holders on the Website.
• Website means TRIBULAR’s website available at tribular.co
Schedule 1 – Prohibited conduct
YOU MUST NOT:
• use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
• engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
• use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
• use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
• use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
• use this site by any automated means;
• use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
• access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for soliciting or sharing reviews;
• interfere with the display of any advertisements appearing on or in connection with this site;
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
• reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
• falsely imply that any other website is associated with this site;
• do anything that leads, or may lead, to a decrease in the value of TRIBULAR's intellectual property rights in this site;
• use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
• release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to TRIBULAR without TRIBULAR's prior written consent; or
• use this site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring TRIBULAR or any of its staff into disrepute.