These Terms apply to your use of Tribu. By accessing and using Tribu:
you accept and agree to be bound by these Terms; and
where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access and use Tribu, and you must immediately stop doing so.
We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use Tribu, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to, Tribu without notice or liability.
Terms last updated: These Terms were last updated on 21st August 2019.
Definitions And Interpretation
In these Terms:
Borrower: means a verified Tribu user that can rent Goods
Content: means content, data, and information (including personal information) that is owned, held, used or created by you or on your behalf, and that is then stored, transmitted via, input into or displayed via Tribu including, all content, data and information uploaded into Tribu when you create a Listing
Delivery or Collection Fee: means any fee the Borrower agrees to pay to the Owner for delivery of the Goods to, or collection of the Goods from, the Borrower
Goods:means the goods set out in a Listing
Intellectual Property Rights: includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property
Owner:means a person or business who has set up an account with Tribu to list Goods for rental to Tribu users
Service Provider: means a business who has set up an account with Tribu to list services and to provide quotes to Tribu users
Listing: means an advertisement or post on Tribu offering goods for rental, give away, or offering or seeking services to repair goods
Loss:includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Objectionable: includes being objectionable, defamatory, obscene, harassing, threatening or unlawful, in any way
Payment Manager: means the payment provider we use in connection with Tribu, currently Stripe Inc: https://stripe.com/about
Personal information: means information about an identifiable, living person
Profile:means the publicly accessible profile of a Tribu user which displays with ticks whether their name, date of birth, address and mobile number have been verified by us
Prohibited Items: means unsafe, toxic, polluted or contaminated goods, goods that do not have a current safety certificate (where applicable), objectionable goods, firearms, munitions, weapons or explosives, radioactive materials, highly flammable or hazardous goods, living plants or animals, food or perishable goods, anything damp, mouldy, rotten or infested with parasites, cash and securities, illegal or stolen goods or items, waste, any goods which are not fit for the purposes for which goods of the type in question are commonly supplied or for which the Owner represents they are or will be fit, or any services other than services to repair goods
Rental Agreement: means an agreement directly between a Owner and a Borrower to rent Goods on the terms set out in the Schedule, unless otherwise agreed between the Owner and Borrower
Rental Fee:means the rental amount for Goods set out in a Listing
Rental Request: means a request by a Borrower to rent the Goods set out in a Listing
Service Fee: means the fees payable by Owners to us in respect of Tribu calculated at a rate of 15% of the Rental Fee (including GST)
Terms: means these terms and conditions titled Tribu Terms and Conditions
Transaction: means a transaction between Tribu users to rent Goods, give away Goods, or service Goods, including any Rental Agreement
Tribu:means the Website
Underlying Systems:means the IT solutions, systems and networks (including software and hardware) used to provide Tribu, including any third party solutions, systems and networks
User ID:means a unique name and/or password allocated to you to allow you to access Tribu
Verification Tick: means a tick on the Tribu user’s Profile to show they are verified
We, us or our: means Tribu Limited, company number 6274510
You: means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting
In these Terms:
clause and other headings are for ease of reference only and do not affect the interpretation of these Terms;
words in the singular include the plural and vice versa; and
a reference to:
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity;
including and similar words do not imply any limit; and
a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
Tribu is an online marketplace, creating connected communities by revolutionising the sharing experience. Tribu enables users to share, give away and repair things.
We act as an intermediary for Tribu users to transact and are not a party to any Transaction.
Any interaction between you and another Tribu user, including any Transaction entered into between you and another Tribu user, is a matter directly between you and them only. Other than our obligations set out in these Terms, we are not liable to you for any failure by any Tribu user to comply with these Terms or any other legal obligation.
We will use reasonable efforts to provide Tribu in accordance with these Terms and New Zealand law.
Our provision of Tribu to you is non-exclusive. Nothing in these Terms prevents us from providing Tribu to any other person.
Subject to clause 4.7, we will use reasonable efforts to ensure Tribu is available on a 24/7 basis. However, it is possible that on occasion Tribu may be unavailable to permit maintenance or other development activity to take place, or due to an event that is beyond our reasonable control.
Through the use of web services and APIs, Tribu may interact with a range of third party service features. We do not make any warranty or representation on the availability or performance of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.
Your Use Of Tribu
use Tribu in accordance with these Terms solely for lawful purposes (including complying with the Unsolicited Electronic Messaging Act 2007); and
not resell Tribu or make Tribu available to any third party, or otherwise commercially exploit Tribu.
To register with Tribu, you are required to supply your name, your email address and a password.
When you create a user account, you have the option to verify your identity. If you wish to rent Goods on Tribu, you must verify your identity. To verify your identity, you must supply your first name, last name, mobile number, date of birth, New Zealand driver license number, license version, country (New Zealand only), address, suburb, city and post code for the purposes of verification.
The information supplied under clause 5.3 will not be visible on Tribu, and can only be viewed and updated by you on your personal dashboard. If we successfully verify your identity, Tribu will display Verification Ticks on your Profile.
You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
You must keep your User ID secure and:
not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to firstname.lastname@example.org.
You must obtain our written permission to establish a link to Tribu. If you wish to do so, email your request to email@example.com.
When accessing and using Tribu, you must:
not impersonate another person or misrepresent authorisation to act on behalf of others or us;
not attempt to undermine the security or integrity of the Underlying Systems;
not use, or misuse, Tribu in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use Tribu;
not attempt to view, access or copy any material or data other than:
that which you are authorised to access; and
to the extent necessary for you to use Tribu in accordance with these Terms;
neither use Tribu, nor transmit, input or store any Content, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading; and
unless with our agreement, access Tribu via standard browsers and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction, monitoring or input method.
You are responsible for procuring all licences, authorisations and consents required for you to access and use Tribu, including to use, store and input Content into, and display Content using, Tribu.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of:
any actual or alleged claim by a third party that any Content infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Content is Objectionable, incorrect or misleading;
your failure to comply with these Terms, including any failure of a person who accesses and uses Tribu by using your User ID; or
any Loss arising from or in connection with an actual or alleged breach by you of any legal or regulatory requirements which occurs in connection with a Transaction or as a result of any other relationship established through Tribu.
Additional Terms For Owners
This clause 6 applies to Owners.
Before you can list Goods for rent on Tribu, you must set up a nominated bank account to receive Rental Fees. You must provide us with your bank name and bank account number, which will be sent to our Payment Manager through an API. We will not have access to this information and can only view transactions on our Payment Manager’s dashboard.
You must not list any Prohibited Items.
On creating a Listing, you:
must provide accurate information on the Goods offered;
must disclose the Rental Fee;
must provide any additional terms and conditions that apply to the borrowing of the Goods, including anything relevant to your insurance for the Goods;
must not include any Content that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading; and
warrant that you are the owner of the Goods in the Listing or that you have authority to create the Listing and enter into Rental Agreements for the Goods.
All descriptions and information in a Listing must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief.
You must not list any Goods that are not safe to use. If there is any other fault or damage to your Goods, which in some way impacts the performance or outcome during operation, you must disclose this in your Listing.
You acknowledge and agree that you are responsible for providing and maintaining the Goods you list to a reasonable standard for the intended purpose and use of the listed Goods.
If Goods become unavailable for any reason, you agree to remove or suspend the Listing as soon as practicable.
If a Borrower requests to rent a Good, you will receive a Rental Request via email and on your personal dashboard on Tribu. You must respond within 24 hours of receiving the Rental Request. If you do not respond in this time period, the Rental Request will be treated as having been rejected by you.
Upon accepting a Rental Request, a Rental Agreement is formed between you and the Borrower.
You must not:
complete or attempt to complete a rental Transaction with a Borrower outside of Tribu or otherwise seek to avoid the Service Fees; or
ask for or accept direct payment of the Rental Fee by the Borrower by any payment method other than payment through Tribu. You may however accept direct payment of any Delivery or Collection Fee.
You acknowledge and agree that you are responsible for all Listings that you post on Tribu. Accordingly, you represent and warrant that any Listing you post and the acceptance of a Rental Request, or a Borrower’s use of, the Goods will:
comply any agreements you have entered into with any third parties;
comply with all applicable laws; and
not conflict with the rights of third parties.
If, after you have received or accepted a Rental Request, you become aware of any fault or damage to the Goods that was not disclosed in the Listing, you must:
inform the Borrower of that defect or damage as soon as practicable; and
if the defect or damage impacts the safety, performance or outcome during operation of the Goods, provide the Borrower with the option to cancel the Rental Agreement without charge or penalty.
If we provide you with information about another Tribu user, you agree that you will use the information only for the purposes it is provided to you. You may not disclose, sell or distribute a Tribu user’s information to a third party for purposes unrelated to a Rental Agreement.
Additional Terms For Borrowers
This clause 7 applies to Borrowers.
To be able to rent on Tribu, you must successfully complete the verification process described in clauses 5.3 to 5.5.
You acknowledge and agree that you are responsible for reading the full Listing, including the Rental Agreement, before submitting a Rental Request or making a commitment to rent any Goods.
When a Owner accepts a Rental Request from you, a Rental Agreement is formed and we will charge the Rental Fee to your credit card.
You must not:
complete or attempt to complete a rental Transaction with any Owner outside of Tribu; or
ask the Owner to accept direct payment of the Rental Fee or pay the Owner for any rental by any payment method other than payment through Tribu. You may however pay any Delivery or Collection Fee directly to the Owner.
By entering into a Rental Agreement with a Owner, you warrant and represent that you will:
satisfy yourself that the Goods are suitable for the intended use;
take proper care of the Goods, including keeping the Goods safe and secure against loss, theft, damage or unauthorised use;
ensure that all persons who use the Goods:
are competent and (where applicable) qualified to use the Goods;
use the Goods with due care and skill and in the manner they were designed to be used;
comply with all applicable laws and regulations; and
comply with all manufacturer’s instructions and health and safety information provided with the Goods;
not use or allow the Goods to be used for any unlawful purpose;
if any Goods are damaged, faulty or break down, immediately cease using the relevant Goods and notify the Owner;
if any Goods are lost or stolen, immediately notify the Owner;
not remove, deface or obscure, and not allow any other person to remove, deface or obscure, any marks of identification or ownership or registration on the Goods;
keep the Goods in your possession or control and not attempt to sell, pledge, charge, hire out or otherwise deal with the Goods;
not do anything that would invalidate the Owner’s insurance;
return the Goods:
in the same order and condition (including with all packaging, manuals and accessories) as at the commencement of the rental (fair wear and tear excepted);
at the time agreed with the Owner; and
in accordance with the arrangements set out in the Listing or otherwise agreed with the Owner; and
not assign or transfer the Rental Agreement.
In the event you wish to extend the rental term for the Goods, you acknowledge and agree that this must be completed on Tribu and not directly with the Owner.
Risk and Insurance
Unless otherwise agreed between the Owner and Borrower:
the Borrower is responsible for any damage to (excluding fair wear and tear), loss or theft of the Goods for the period from when the Goods are collected from the Owner to when they are returned by the Borrower, even where such damage, loss or theft is due to causes outside the Borrower’s control; and
the Borrower must fully compensate the Owner for the replacement and/or repair (as applicable) of the Goods that is required as a result.
Each Owner and Borrower is responsible for arranging the necessary insurance for their risks under the Rental Agreement. We recommend that both Owners and Borrowers confirm with their insurance provider that their insurance is appropriate for the Rental Agreement.
Fees and Payment
Tribu does not charge any fees for repair services or give away Transactions.
For a rental Transaction:
The Rental Fee is set out in Listings in NZD and includes GST.
We will charge the Rental Fee to the Borrower’s credit card when the Owner accepts the Rental Request. If the rental is extended, we will charge any additional Rental Fee to the Borrower when we are notified of the extension.
The Borrower must pay any Delivery or Collection Fee directly to the Owner in cash, unless otherwise agreed between the Borrower and Owner.
Following our receipt of the Rental Fee (including any additional Rental Fee payable for an extension):
we will issue a statement to the Owner which sets out:
the Rental Fees received;
the Service Fee payable to us; and
the net amount due to the Owner; and
we will pay the net amount due to the Owner. Payment is generally made within 4 days of our receipt of the Rental Fee, although the initial payment may take up to 10 days.
If the Rental Agreement is cancelled or terminated before the Goods are collected:
the Rental Fee will be refunded to the Borrower;
if we have paid the net amount to the Owner under clause 9.2eii, we will either reverse the payment or debit the Owner’s account for that amount; and
in some cancellation situations, the Owner will be charged a credit card processing fee. Please see the Frequently Asked Questions section of the Website for further details.
We may, by giving at least 30 days’ notice, increase the Service Fee from time to time. We will notify you of any increase and the effective date of the increase by emailing you at the email contact address that you have most recently supplied to us. If you do not wish to pay the increased Service Fee, you may remove your Listings and/or your account. If you do not remove your Listings before the effective date of the increase, you are deemed to have accepted the increased Service Fee.
Title to, and all Intellectual Property Rights in, the Content (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Content for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
Without limiting clause 10.1, you acknowledge that we may use Content for our internal research, analytical and product development purposes, to conduct statistical analysis and identify trends and insights (on an anonymised and aggregated basis) and for our internal reporting requirements (and these rights will survive termination and expiration of these Terms).
You must ensure you have obtained all necessary consents for us to access, collect, hold, process and distribute the Content as described in these Terms.
While we will use reasonable endeavours to back up all Content stored using Tribu, you must keep separate and regular back-up copies of all Content uploaded by you onto Tribu.
Our Intellectual property
Other than your Content, we (and our licensors) own all proprietary and intellectual property rights in Tribu and the Underlying Systems, including all information, data, text, graphics, artwork, photographs, trade marks, logos, icons, sound recordings, videos and look and feel, and including any modification, enhancement or derivative work of any of the foregoing.
If you provide us with ideas, comments or suggestions relating to Tribu or Underlying Systems (together feedback):
all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
we may use or disclose the feedback for any purpose.
You must treat all information available and otherwise provided through Tribu as strictly confidential, and may only use that information for the purpose of renting, giving away or repairing Goods through Tribu.
Confidential Information expressly includes contact details of each Tribu user, but does not include any information already in the public domain, or independently known to you.
You are not required to provide personal information to us, although in some cases if you choose to not do so then we will be unable to make certain functions of Tribu available to you.
To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:
any Rental Agreement;
Tribu being unavailable (in whole or in part) or performing slowly;
the failure of any Tribu user to comply with these Terms;
any error in, or omission from, any information made available through Tribu, including any information in any Listing;
any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Tribu. To avoid doubt, you are responsible for ensuring the process by which you access and use Tribu protects you from this; and
any site linked from Tribu. Any link on Tribu to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
All Rental Agreements are carried out entirely at your own risk. We exclude to the fullest extent permitted by applicable law all liability for any Loss arising out of or in any way connected with any Rental Agreement.
Without limiting clause 14.2:
you rely on information provided by other Tribu users at your own risk;
except as set out in clauses 5.3 to 5.5, we do not verify the identity of Tribu users;
our identity verification processes depend on the information provided by the relevant Tribu users and the third party identity verification services used by us. We do not guarantee that the results of our verification process are complete or accurate; and
we do not, control, inspect, endorse, approve or check the availability, condition or nature of any Goods, the availability or quality of any repair services, or the accuracy, currency, truth or completeness of the information provided by Tribu users and it is your responsibility to do so; and
it is your responsibility to take any other necessary precautions before entering a Rental Agreement.
To the maximum extent permitted by law:
you access and use Tribu at your own risk; and
we are not liable or responsible to you or any other person for any Loss under these Terms or in connection with Tribu, or your access and use of (or inability to access or use) Tribu, or any Transaction. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
Without limiting clause 15.1, we are not liable for:
any loss or damage to Goods;
any loss or damage arising as a result of a Owner entering your premises to repossess Goods;
any loss or damage to Goods during servicing by a Service Provider; or
any failure of a Tribu user to return Goods on time (or at all) or to pay for the servicing of the Goods or a Delivery or Collection Fee.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability will be limited to NZD$.
To the maximum extent permitted by law and only to the extent clauses 15.1 and 15.2 of these Terms do not apply:
our total liability to you in connection with these Terms or Tribu will not exceed NZ$50; and
we will not be liable to you under or in connection with these Terms or Tribu for any:
loss of profit, revenue, savings, business, use, data (including Content), and/or goodwill; or
consequential, indirect, incidental or special damage or loss of any kind.
Clauses 15.1 to 15.4 do not apply to limit:
our liability under or in connection with these Terms:
for personal injury or death; or
for fraud or wilful misconduct; or
any liability that cannot be excluded by law.
Suspension and Termination
You may cease using Tribu at any time by removing your account from Tribu. If you do this, these Terms and your right to access and use Tribu will terminate immediately.
Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use Tribu if the other party:
breaches any material provision of the Terms and the breach is not:
remedied within 10 days or the receipt of a notice from the first party requiring it to remedy the breach; or
capable of being remedied; or
becomes insolvent, liquidated, bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed or becomes subject to any form of insolvency action of external administration, or ceases to continue business for any reason.
Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
Clauses which, by their nature, are intended to survive termination of your right to access and use Tribu, including clauses 10 to 15, 16.3, 16.4 and 18.2.
Subject to clause 16.3, no compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any amount that you have already paid to us.
Without limiting any other right or remedy available, we may restrict or suspend your access to Tribu if we consider that you or anyone acting on your behalf or using your account have:
undermined, or attempted to undermine, the security or integrity of Tribu or any Underlying Systems;
used, or attempted to use, Tribu:
for improper purposes; or
in a manner, other than for normal operational purposes, that materially reduces the operational performance of Tribu;
transmitted or stored any Content that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is, or may be, Objectionable, incorrect or misleading;
failed to pay any amount when due in accordance with clause 9; or
otherwise materially breached these Terms.
Tribu users are encouraged to resolve disputes between themselves. Dispute resolution is the sole responsibility of the Owner and the Borrower. If required, Tribu will assist the parties by providing information about the Listing or transaction to reach an amicable resolution in all disputes. You acknowledge that Tribu is not responsible for dispute resolution.
If we need to contact you, we may do so by email or by posting a notice on Tribu. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or Tribu, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or Tribu.
We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by an event that is beyond our reasonable control.
You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.
No person other than us and you has any right to a benefit under, or to enforce, these Terms.
Subject to clause 2.1, any variation to these Terms must be in writing and signed by both parties.
For us to waive a right under these Terms, that waiver must be in writing and signed by us.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything relating to your access and use of Tribu and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to Tribu that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agree to these Terms.