This agreement applies as between you, the User of this website and Ziva Tribe Pty Ltd, the owner(s) of this website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately.
No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, payment Information and credentials used by Users to access Paid Content and / or any communications System on the website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;
"Facilities": means collectively any online facilities, tools, services or information that Ziva Tribe Pty Ltd makes available through the website either now or in the future;
"Services": means the services available to you through this website, specifically use of the Ziva Tribe Pty Ltd proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"System": means any online communications infrastructure that Ziva Tribe Pty Ltd makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the website and is not employed by Ziva Tribe Pty Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (zivatribe.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Ziva Tribe Pty Ltd.
- 2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Ziva Tribe Pty Ltd, Our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable Australian and International intellectual property and other laws.
- 2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given Our express written permission to do so.
- 3.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 3.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the website or unless given express written permission to do so by the relevant manufacturer or supplier.
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Ziva Tribe Pty Ltd. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
- 5.1 When engaging in the Ziva community, you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 5.1.1 You must not use obscene or vulgar language;
- 5.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 5.1.3 You must not submit Content that is intended to promote or incite violence;
- 5.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 5.2 You acknowledge that Ziva Tribe Pty Ltd reserves the right to monitor any and all communications made to Us or using Our System.
- 5.3 You acknowledge that Ziva Tribe Pty Ltd may retain copies of any and all communications made to Us or using Our System.
- 6.1 In order to procure Services on this website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details. By continuing to use this website you represent and warrant that:
- 6.1.1 All information you submit is accurate and truthful;
- 6.1.2 You have permission to submit Payment Information where permission may be required; and
- 6.1.3 You will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 6.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 6.3 When choosing your username you are required to adhere to the terms set out above in Clause 5. Any failure to do so could result in the suspension and/or deletion of your Account.
- 7.1 Either Ziva Tribe Pty Ltd or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 7.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
- 8.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Ziva Tribe Pty Ltd correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This refers only to variations of the correct Services, not different Services altogether.
- 8.2 All pricing information on the website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 9.1 No part of this website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Ziva Tribe Pty Ltd and you.
- 9.2 Order confirmations under sub-Clause 9.1 will be sent to you before the Services begin and shall contain the following information:
- 9.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 9.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 9.2.3 Relevant times and dates for the provision of the Services;
- 9.2.4 User credentials and relevant information for accessing those services.
- 9.3 Ziva Tribe Pty Ltd provides technical support via our 'Get help' option available in the top bar when logged in. Alternatively you can use the 'Contact us' option in the top bar before you log in. We make every effort to respond with 24 hours, and at the latest 48 hours.
We want you to be completely satisfied with the Products or Services you order from Ziva Tribe Pty Ltd. If you need to speak to us about your Order, please contact us by email at info@zivatribe.com.
Use of the website is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference.
- 12.1 All personal information that We may collect (including, but not limited to, your name and email address) will be collected, used and held in accordance with the provisions of The Privacy Act 1988 and your rights under that Act.
- 12.2 We may use your personal information to:
- 12.2.1 Provide Our Services to you;
- 12.2.2 Process your payment for the Services; and
- 12.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 13.1 We make no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 13.2 No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.
- 13.3 No part of this website is intended to constitute a contractual offer capable of acceptance.
- 13.4 Whilst We use reasonable endeavours to ensure that the website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the right to change the website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- 15.1 The website is provided “as is” and on an “as available” basis. Ziva Tribe Pty Ltd uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 15.2 We accept no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- 16.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. You should be aware that you use the website and its Content at your own risk.
- 16.2 Nothing in these Terms and Conditions excludes or restricts Ziva Tribe Pty Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Ziva Tribe Pty Ltd.
- 16.3 Nothing in these Terms and Conditions excludes or restricts Ziva Tribe Pty Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the website.
- 16.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Ziva Tribe Pty Ltd.
