Last Revised December 17th, 2020
Tribefunds Pvt. Limited (hereafter referred to as "Tribefunds" or the "Company") owns and runs the website located at https://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.
Tribefunds allows 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 the project description, ideas and portrayal of the project itself, as well as stimulated with 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 the Project. Certain rules and limitations apply to the use of the platform of both Project Managers and Donors, all clearly determined in this Agreement.
You hereby represent to company that:
This Section 5 of this Agreement is to explain all users the policies and rules which apply on the use of the Services.
From 1st January, 2020 Tribefunds is a “Keep-It-All” crowdfunding platform, where project managers get to collect all sums pledged by the Donors, irrespective of whether the Target Amount is reached or not. A fee of 5% will be deducted of the total amount collected, for use of the Platform. 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 processing fees 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.
From 1st of January 2020, Tribefunds promotes the Services on the KIA model ("Keep-It-All "), meaning that Project Managers receive the net pledges of the Donors collected on 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 Providers. 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.
Company shall not make re-funds at any time. 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.
Projects are made by Project Managers, and shall be accessible through the Websites which are run and administered by the Company. We encourage Projects must at all times be:
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:
Project Managers shall create an account to post or send us the details 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 are also 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.
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:
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.