Terms of Use
Revisions to these Terms of Use
Tribe Home may revise these Terms of Use at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Website. In the event of any conflict between these Terms of Use and any legal notices or terms located elsewhere on the Website, these Terms of Use will control.
Termination
You are personally liable for any orders that you place or charges that you incur prior to termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
Limitations of Liability
Tribe Home, its affiliates and their service providers do not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from this Website.
IN NO EVENT WILL TRIBE HOME ITS AFFILIATES OR THEIR SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.
Disclaimer
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED, AS IS, WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER TRIBE HOME NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEBSITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER TRIBE HOME NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Warranty
Tribe Home’s rugs and homewares are valid under a 12 month warranty if the piece displays an obvious production fault whereby the product is no longer functional. Tribe Home will repair or replace an item if there is defective during the 12 months from the date of dispatch, provided the item has been used for a normal household purpose and maintained in accordance with the care instructions by the consumer, excluding general wear and tear, and has not been altered from its original condition. Due to the nature of the handmade products, natural imperfections and fibre pop-ups are common in the products and not classified as a fault.
Any improper or negligent use or neglect which is detected by the assessor will automatically void this warranty. The warranty applies to household residential use only and not to any commercial, contract, rental, trade, institutional or other non-residential use. If the consumer believes and agrees the claim falls under all the above and wishes to make a claim under this warranty, the following must be provided:
⊛ Photographic evidence (images of the defect)
⊛ Invoice number
⊛ Business name and contact person
⊛ Brief description of use of product
Subject to the above and subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth) which cannot by law be excluded by agreement:
⊛ we give no warranties if any expressly set out in these terms and conditions; and
⊛ all implied conditions, warranties and rights are excluded.
The warranty only applies if you are located in Australia and deemed a “consumer” under the Australia Consumer Law (ACL) and may not apply in your particular case. Our products come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or replacement if the products fail to be of an acceptable quality and the failure does not amount to a major failure. By stating these rights, we do not vary or extend the remedies otherwise available to you. The name, business address, telephone number and email address of the business giving this warranty are:
Tribe Home
1489 Malvern Road, Glen Iris VIC 3146
sales@tribehome.com.au
03 9824 6754
Privacy Policy
Marketing Materials
We may use the email addresses collected in our database for marketing and advertising purposes. This includes sending promotional emails, newsletters, and targeted advertisements. By providing your email address, you consent to receiving such communications from us. You may opt out of receiving marketing emails at any time by following the unsubscribe instructions provided in the email.
Accuracy of Information
Tribe Home and its affiliated companies attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or recentness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Rights in Materials
The Website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website (the Materials) are either the property of, or used with permission by, Tribe Home and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials. Any unauthorised use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Trademarks
Except as otherwise expressly stated on the Website, all trademarks, trade names, trade dress, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names, trade dress, service marks and logos (Intellectual Property) of Tribe Home, and Tribe Home is a licensed user of all Intellectual Property. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property without the written permission of the owner.
Linking to this Website
Creating or maintaining any link from another website to any page on this Website without Tribe Home's prior written permission is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another website without Tribe Home's prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
Third Party Links
From time to time, this Website may contain links to websites that are not owned, operated or controlled by Tribe Home or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither Tribe Home nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other website. Tribe Home nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Website, you do so entirely at your own risk.
Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous obscene, pornographic or profane material, or any virus, worm, time bomb, Trojan horse, automated device, spider, crawler, bot or routine that can collect unauthorised information or interfere with or disrupt the operations of the Website, or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Tribe Home or its affiliates may have at law or in equity, if Tribe Home or its affiliates reasonably determine that you have violated or are likely to violate the foregoing prohibitions, Tribe Home may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. Tribe Home, its affiliates or its service providers will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Tribe Home, its affiliates or its service providers to disclose the identity of anyone posting such materials.
User Information
Other than personally identifiable information, which is subject to the terms of the Website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner (User Communications) is and will be considered non-confidential and non-proprietary. Tribe Home, its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Tribe Home may, but is not obligated to, monitor or review any User Communications. Tribe Home shall have no obligations to use, return, review, or respond to any User Communications. Tribe Home will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Tribe Home retains the right to remove any or all User Communications that includes any material Tribe Home deems inappropriate or unacceptable.
Indemnification
You agree to indemnify and hold harmless Tribe Home, its affiliates and their service providers, and their respective officers, directors, employees, shareholders, licensees, franchisees, affiliates, agents, successors, assigns, retail partners, or any other party involved in the creation, production or transmission of the Website from and against any claims, damages, judgments, expenses, fees, or costs asserted against any of them based upon your use of the Website, or the services provided in relation to the Website, any damage to your computer, telecommunication equipment or other property allegedly arising from access to, use of, or browsing the Website or your downloading of any materials, from the Website.