Last Revised August 05th, 2015

  1. ACCEPTANCE OF TERMS

    Tribefunds Pvt. Limited (hereafter referred to as "Tribefunds" or the "Company") owns and runs the website located at http://www.tribefunds.lk and all related blogs, subdomains and related sites (hereafter altogether referred to as the "Websites") and provides its services (the "Services"), to you, subject to the following Terms of Service (hereafter referred to as the "Agreement" or the "Terms") and to your acceptance of these Terms. Also you shall be subject to the Privacy and Cookie Policies (the "Policies"), as well as any present or future guideline or rules which may apply to your use of the Websites and the Services. You also shall be subject to any applicable laws, either local to the Company or to your own region.

    Tribefunds reserves the exclusive right, at its sole discretion, to change, modify, amend, add, or to otherwise alter these Terms and other policies, guidelines and rules that govern your use of the Websites and the Services. You commit to revise this section and other related sections of the Websites often, to be noticed and to realize any changes made by the Company to these sections. Your continued use and access to the Websites and shall be construed as your acceptance of any changes made to these Terms and the rules related to them and to your use of the Websites and the Services.

    Without any obligation, Company may notice you through your provided email address of such changes, should Company deem it necessary, or if it were so advised to.

  2. DESCRIPTION OF THE SERVICES

    Tribefunds allows you the use of its innovative platform, where certain users of the Websites and the Services ("Project Managers") are enabled to post and publish campaigns, ideas and projects (altogether, the "Project" or "Projects") which are portrayed to the public and general audience, which shall be incentivized by your project description, ideas and portrayal of the project itself, as well as stimulated with your non-monetary incentives, such as t-shirts, project updates during development, discounts on first sales, and other such strategies Project Managers may invent or implement to attempt to convince the public to pledge money to your Project. Certain rules and limitations apply to the use of the platform of both Project Managers and Donors, all clearly determined in this Agreement.

  3. DEFINITIONS
    • "Project" shall be referred to herein as a fundraising project, either planned or posted and published on the Services by means of the platform provided by Tribefunds in order to attract Donors to pledge monetary contributions.
    • "Project Manager" shall be construed as the individual or representative of an Organization that created the Project, and has access to the platform provided by the Company through the Websites.
    • "Donor" is any individual or organization that contributes money to a Project by means of the Website, and through a Payment Provider.
    • "Pledge" shall be any commitment of a donation, or a donation itself, made by a donor, either by the holding of the compromised amount, or the financial transaction to the benefit of the Project and the Project Manager.
    • "Organization" may be a non-profit, school, political, business, or other social entity that has a collective goal.
    • "User" is any individual or representative of a collective institution or company, which having accepted this Agreement makes use of the Websites, the platform and/or the Services made available to the public. Users may also be casual visitors and navigators.
    • "Payment Provider" is a company that processes the monetary Pledges to Projects, charging a certain fee, pendant on the method, currency chosen by a Donor.
    • "Non-monetary Incentives" shall be those methods and strategies used to encourage possible Donors to a project, which may not be made in monetary prices.
    • "Target Amount" shall be the amount of money which is set as goal for a Project by its Project Manager.
    • "Set Date" shall be the date set by the Project Manager for a particular Project, on which the Target Amount is hoped to be achieved. The Set Date shall not be changeable once the Project is published and approved by the Company.
    • "Successful Project" shall be such Project with a total number of Pledges which has met an equivalent sum of the set Target Amount, or which surpasses the set Target Amount, by the Set Date. ."Failed Project" shall consutrued to be those Projects which have (i) not met the set Target Amount by the Project Manager by the Set date; and/or (ii) those Projects which have failed to meet the standards, regulations, Terms and Policies of Tribefunds, or are in any way illegal, or against principles and values of Society in general.
  4. ELIGIBILITY

    You hereby represent to company that:

    • You are over 18 years old.
    • You have no conflict of interest by posting or making pledges to a project, such as governmental, corporative or similar interests in a particular project's success or failure.
    • Your account has not been previously suspended or have pending issues with Tribefunds.
    • You are using the Websites and/or Services for illegal purposes, or to aid third parties to their illegal purposes.
    • Your Project and business ideas are your own, that you can prove the ownership of such ideas.
    • You are at all times disclosing to Tribefunds personal data and payment information which is yours or have authorization to use.
    • Tribefunds reserves its exclusive right to deny Services and access to its Websites whenever it deems that its interest, corporate structure, or liabilities may be high by supporting a specific Project, User and/or Project Manager.
  5. FEE SCHEDULE

    This Section 5 of this Agreement is to explain all users the policies and rules which apply on the use of the Services.

    Users may create a Project for free. Whenever the amount pledged by donors reaches or passes the Target Amount of a project, a fee of 5% will be deducted of the total amount collected, for use of the Platform. The Project Manager of a Project which has reached a Target Amount consents and agrees that the Company may subtract such percentage from the total collected amount. At times, whenever it deems reasonable and appropriate, the Company may make available to the Project Managers certain features, which will have separate costs.

    Additionally to the fee charged by the company, the Payment Provider may also deduct a processing fee of no more than 5% of whatever amount is pledged by the donor, pendant of the chosen way of payment, currency, and other factors. The Project Manager agrees and consents to such fees to be deducted from each pledge a donor makes.

    There are no other costs than those referred to in this section, notwithstanding what may be determined in this Agreement in other sections, and penalties for incompliance, abandonment of a project failure to provide requested information, and other conducts Project Managers may engage with.

  6. PAYMENT PROCESSING AND MODEL

    Tribefunds promotes the Services on the AON model ("All Or Nothing"), meaning that you will only receive the net pledges of the Donors when you have reached or exceeded the Target Amounts of your Projects.

    All Pledges to Projects of the Websites are processed by a third party, hired or engaged by the Company for the sole purpose of processing monetary pledges and/or donations to Projects. The Company has no control or influence over the Terms and Conditions of such third party service providers, thus, by accepting this Agreement you are strongly advised to also review such terms of the Payment Provider, accessible, HERE. You also declare that you understand that Tribefunds is not an affiliate of such Payment Provider, nor are any the Company's affiliates, employees, agents, or owners.

    All pledges shall be non-refundable. If a Project fails to achieve its Target Amount on the set date, you may use such pledge for another project on the website. In case you do not decide to fund another project with such unassigned pledge, the Company shall proceed o release the held funds of the Donor's payment method, or reassign the held funds to a different Project, provided that he Donor previously chose such option. Company shall not make re-funds at any time, after the Target Amount has been reached, or if the pledge is completed favouring the Project and the Project Manager. Company shall also not liable for the Project's failure, withdrawal, inability to meet the Target Amount on the Set Date, account suspension or closure, frauds, illegality, obscenity, and other liabilities arising out of the impossibility of completing and perfecting your pledge to any project on the Websites.

    In some cases, pending on the availability at a certain time and moment, under no obligation of the Company, unassigned Pledges may be funded to a pool or scheduled to be transferred to a non-profit. Donors may also choose to make this donation voluntarily.

  7. PROJECTS

    Projects are made by Project Managers, and shall be accessible through the Websites which are run and administered by the Company. Projects must at all times be:

    • Informative, detailing the nature, the goals, the reasons, the objectives, and the long and short term targets of the projects, giving the Users sufficient material to make an informed decision whether to become a Donor.
    • They goals must be compliant to local law, and point out detailed material if the subject is unclear to any user.
    • Tribefunds encourages that all projects must be transparent, and report constantly to Donors of the status of the Project, particularly after the Target Amount has been reached; this will show Donors that their pledges are being used the intended manner.
    • Tribefunds reserves the right to share each project on its social media websites such as and not limited to facebook, twitter, google+, linkedIn etc.
    • Tribefunds reserves the right to post on its social media websites updates relating to projects such as and not limited to change in project details, donations made, success or failure of meeting funding targets, on-going status of projects post commencement.
    • Tribefunds strongly encourages project owners to share their project on their social media to garner interest and make the project a success.
  8. DONORS

    Whenever a User makes a Pledge to a Project, such User becomes a Donor. By making pledges to a particular Project through the Services and our platform, you represent to understand and agree to the following:

    • All pledges made by you as a Donor to a Project are legal in your jurisdiction.
    • All pledges made by you as a Donor to a Project are made by the legal use of a payment method which is your own, or which you have authorization to make use of.
    • All pledges made by you as a Donor to a Project at your own risk, and that Tribefunds makes no warranties as the legality, quality. safety, morality, truthfulness, fairness and rightfulness of any Projects posted and published on the Websites by any Project Managers.
    • All pledges made by you as a Donor to a Project are final and shall not be refundable. In case the Project you pledged to ends up as a Failed Project, pendant on your choice of having the funds pledged to a different project, the withheld funds may be released of your payment Method, regardless it were a Credit or a Debit Card, and no transaction shall be made. In case such funds are released, they will be available again to the Donor.
    • All pledges made by you as a Donor to a Project will be affected by our fee, as determined in Section 5, and the Payment Provider's fee.
    • Tribefunds strongly encourages donors to "share" their donation notification on social media to stimulate interest and make the project a success
  9. PROJECT MANAGERS

    Project Managers shall have to create an account to post and publish a Project on the Websites, through the platform of the Company. When registering for such account the Project Managers represent to use verifiable and true information about themselves, their activities, and the project itself.

    Project Managers must also be responsive to questions of potential Donors and Donors, particularly those regarding the Project. If a particular question becomes repetitive, you may consider making an explanation on the Project description site. PROJECT MANAGERS SHALL HAVE LIMITED RIGHTS TO EDIT THE PROJECT SITE, CHANGING INFORMATION, SUCH AS, BUT NOT LIMITED TO, THE SET DATE, TARGET AMOUNTS, AND OTHER PARTS WHICH TRIBEFUNDS MAY, AT THEIR SOLE INTERPRETATION, CONSTRUE AS BEING ESSENTIAL TO THE DONOR, OR THEIR GOODWILL.

  10. NON-MONETARY INCENTIVES

    Non-monetary incentives are offered and used by Project Managers to engage, motivate and inspire Users to become Donors of their Projects. Despite the fact that Tribefunds encourages creativity of Project Managers to come up with original ideas regarding non-monetary incentives, Project Managers must comply with the following regarding non-monetary incentives:

    • Project Managers are solely responsible and liable for the fulfillment and the honoring of their non-monetary incentives to Donors, in the exact way as portrayed on their Project Publications, including without limitation, sending, handling or emission costs which may apply to this fulfillment, and which may not be charged to the Donors;
    • Project Managers shall be obliged to work together with their Donors, and directly coordinating with them in order to reach a mutually satisfactory resolution in case Project Managers are unable to honor their compromised non-monetary incentives.
    • Project Managers are to keep the Company, its affiliates, owners, managers, agents, consultants and employees immune to any legal claims of Donors of unfulfilled non-monetary incentives, and shall at all times indemnify the Company if necessary of such third party claims, either legal or administrative, at any time whatsoever.
    • Non-Monetary Incentives may not be:
    • Any kind or derivative form of "securities".
    • Financial incentives or participative profit sharing, or shares or equity in the project or future company.
    • Alcohol, drugs, weapons, or coupons, or any material to obtain the aforementioned.
    • Items promoting discrimination, hate, racism, sexism, or other forms against the policies or social conduct codes.
    • Coupons, vouchers, or any other material which enables the Donor or beneficiaries to lottery or gambling activities.
  11. TAXES

    Both, Donors and Project Managers are encouraged to consult with a specialist in taxes regarding the tax implications of making and receiving donations and/or pledges to projects, pendant on their nature, goals, and amounts. All taxes shall be paid, filed, and complied by the users, and in strict compatibility with their local jurisdiction regulations, either they be national, federal, or other form of applicable law. Tribefunds shall not be obligated to keep any form of records, or to file any kind of taxes, beside what they are obliged to do themselves by law.

  12. PROHIBITED CONDUCT

    The following content, either on comments, Projects, messages, or anywhere else on the Websites shall be prohibited, and may result in account suspension, project cancellation, or definitive account closure:

    • Content which is discriminating against or regarding religion, sexual preference, gender, culture, race, or any other way which may be deemed, at the Company's sole discretion, as harmful or hurtful to another User or offensive to the community in general;
    • Content which shares personal information or private data of another User.
    • Content which may be construed as harmful, racist, pornography, violent, or otherwise damaging to the community.
    • Content which promotes SPAM, junk mail, phishers, uncalled promotional material, lotteries, competitions, or incites to the commitment of illegal activities.
    • Content which infringes proprietary laws, intellectual property or trademarks of third parties.
  13. LICENSE GRANTED TO USERS

    You, the Users, are granted by Tribefunds a non-exclusive, limited, revocable right to use Tribefunds' provided trademarks, banners and other such material. All images, technology and content provided for the User's use is, will be and shall remain the sole property of the Tribefunds, and any partners, successors or agents, and no part thereof shall be deemed assigned or licensed to any User except as explicitly provided for in this Agreement. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade-names and service marks related to the foregoing shall remain the Company's sole property, including rights in and any derivatives thereof. Users are prohibited to make modifications to the trademarks, banners, materials and other content or of any of the images provided to the Users. Failure to comply with this section may result in account closure, suspension and/or deletion.

  14. CONTENT USAGE AND OWNERSHIP

    By posting or providing any Content to the Websites, you represent and warrant to Tribefunds Pvt. Limited that you are the sole owner or have all necessary rights to use such Content, and you represent that you shall hold Tribefunds immune for any copyright infractions you may incur. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including also any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.

  15. MODIFICATIONS TO THESE TERMS

    Tribefunds may revise and update these Terms of Service at any time; should there be any changes or updates done to these Terms or the Policies of Tribefunds, you shall be given notice through a message on the Websites, or directly to your registered mail, in case you have registered. Your continued usage of the Websites after any changes to these Terms of Service and the applicable policies set out on the Websites will imply and signify your acceptance of those changes.

  16. INDEMNIFICATION

    You agree to indemnify, defend, and hold harmless Tribefunds, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account.

  17. NO WARRANTY

    At Tribefunds, we strive to provide good and reliable Services on our Website, but there are certain things that we are not able to guarantee to our Users. TO THE FULLEST EXTENT PERMITTED BY LAW, TRIBEFUNDS AND ITS AFFILIATES, SUPPLIERS, CONSULTANTS, EMPLOYEES AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  18. SEVERABILITY

    If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

  19. LIMITATION OF LIABILITY

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRIBEFUNDS, ITS USERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Tribefunds HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $30 OR THE AMOUNTS PAID BY YOU TO Tribefunds FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION, EXCEPTING PLEDGES.

  20. RELEASE

    IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE TRIBEFUNDS (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

  21. LINKS TO THIRD PARTY SITES

    Users may, through hypertext or other such "links," gain access to third party operated websites sites on the Internet which are not part of Tribefunds Websites and which are not controlled by Tribefunds in any way. Users and Tribefunds are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tribefunds of any such third party Websites, which may or may not have their own set of Terms of Use. TRIBEFUNDS ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE TRIBEFUNDS WEBSITES WHICH MAY BE ACCESSED THROUGH ANY SUCH LINK. Unless otherwise indicated on the Website, Tribefunds is not sponsored by or users with the linked sites, and trademarks used in connection with linked sites are not trademarks of Tribefunds, or of its partners.

  22. LOCAL REGULATIONS

    Tribefunds makes no representation that Materials or other content on and in the Website are appropriate or available for use outside the Sri Lanka its territories, possessions and protectorates. If you choose to access the Website from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the Republic of Sri Lanka, or the laws of the country and state or county you reside in.

  23. GOVERNING LAW

    These terms and conditions are governed by and to be construed in accordance with the law of the Republic of Sri Lanka. Any disputes shall be subject to the exclusive jurisdiction of courts of Colombo.

  24. WRITTEN DOCUMENT

    You may preserve these Terms of Use in written form by printing them for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document

  25. ASSIGNMENT

    These Terms of Use constitute the entire agreement between you and Tribefunds and governs your use of the Website, superseding any prior agreements or communications between you and Tribefunds. You will not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Tribefunds. Any purported assignment or delegation made or done by you voluntarily or involuntarily, without the appropriate prior written consent of Tribefunds shall be null and/or void. Tribefunds may assign these Terms of Use or any rights hereunder without notice to you, and/or without any sort of consent by you.

  26. FORCE MAJEURE

    In addition to applicable disclaimers stated before, Tribefunds' performance under this Agreement shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.

  27. NOTICES

    Any notice provided for or permitted under this Agreement shall be made to the User's registered e-mail address, and User may contact Tribefunds through the contact form available on the Website. Users must make sure to be able to receive any notices sent by Tribefunds to their email addresses.

  28. WHOLE AGREEMENT

    All rights not expressly granted herein by Tribefunds to User are reserved by Tribefunds. There are no implied rights, than those otherwise stated in this Agreement. All previous agreements or arrangements, either in writing or otherwise stored or made, will be superseded by this Agreement, and will constitute the entire understanding between the User and Tribefunds.

  29. MODIFICATIONS TO SERVICE

    The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Tribefunds will not be responsible to you for refund, in whole or part, of the Service fees for any reason. You agree that Tribefunds shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. The only remedy available for Donors to recover their pledges shall be to ask for release of any held funds in favor of any particular Project, after such closure or shut down of Tribefunds is announced on the Website.

  30. TERMINATION

    You agree that the Company, in its sole discretion, may terminate your use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use, failure to timely pay any Service fees or other moneys due Tribefunds, or if Tribefunds believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your Information and/or bar any further access to such files in the Services. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to Service.

    In the event a Termination occurs, the Project or Projects you have posted shall be immediately deleted, and the Donors shall be duly informed of the reason of the termination of such projects. Tribefunds shall not be liable to you for the suspension closure of your account, the consequences and any kind of damages thereof, or of the termination of a Project due to non-compliance with these Terms or other infringement to local law or regulations.

  31. MISCELLANEOUS

    All titles, sub-titles, and headings which figure in this Agreement will be for reference purposes only and shall not in any manner limit the interpretation of this Agreement, which shall be considered as a whole.

    Except as otherwise specified in this Agreement, the terms and conditions of this Agreement are not intended to and will not affect any other person or business entity, other than Tribefunds the Users and, in a minor grade, the Donors.