Effective Date:  01/01/2025

These terms cover details about aspects of the OmTribes platform relevant to our OmBusiness Members and are in addition to our Terms of Use and Privacy Policy. OmBusiness Members are Registered Users who sign up for any of our free or paid Listing Subscription Plans (“Subscription Plans”) and/or apply to become an OmTribes Product Vendor (“Vendor”). 

To the extend that the Terms of Use are inconsistent with these OmBusiness Terms, these OmBusiness Terms will control. 

Any capitalised terms that are not defined in these OmBusiness Terms are defined as specified in the Terms of Use. In these Terms, the words “including” and “include” means “including, but not limited to”. Use of the term “you” or similar words (like “your”) refers in each instance hereunder to an OmBusiness Member. 

By becoming an OmBusiness Member, you acknowledge that you have read, understood, and agreed to be bound by the OmBusiness Terms. 

1. Your Content

As an OmBusiness Member you are responsible for all content you contribute to the platform including any and all video, audio, text, photos, pictures, graphics, comments and all other content data or information that you upload, store, transmit, submit, exchange or make available via the Services (“User Content”). 

You represent and warrant that:

• You have the necessary rights to any material (including but not limited to text, photos, sound, music) you make available through the Services;
• You own or have the necessary licenses, rights, consents, permissions and authority to authorise OmTribes to use such User Content as specified in these OmBusiness Terms and the Terms of Use;
• Your User Content will not infringe or misappropriate any third party’s intellectual property rights;
• You have the required qualifications, credentials and expertise (including education, training, knowledge and skill sets to teach and/or offer the services that you offer through your use of the Services;
• You will ensure a quality of service that corresponds with the standards of your industry;
• Your User Content complies with all applicable laws, regulations and guidelines and that you are solely responsible for your User Content and the consequences of sharing or distributing such content;
• You have full power to enter into and perform your obligations under this agreement and have taken all necessary corporate and other actions to approve and authorise the transactions under this agreement;
• You will not engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for public performance of a musical work or sound recording.

1.1 Ownership & Intellectual Property

You retain full ownership and intellectual property rights to the content you contribute including any and all video, audio, text, images, graphics, comments and all other content data and information that you upload, store, transmit, submit, publish, exchange or make available via the Services (“User Content”) except where the content is created in collaboration with OmTribes, at which point the media assets in the final edited product are owned by OmTribes.

1.2 License to OmTribes

By agreeing to these Terms, you grant to OmTribes a non-exclusive, royalty free, perpetual, irrevocable, fully sub licensable, worldwide license to host, store, use, copy, publish, reproduce, distribute, access, view, transmit, broadcast, publicly perform and publicly display, modify, adapt, prepare derivative works incorporating, sell, advertise and market your User Content in connection with the Services provided on our Website. 

You also authorise OmTribes to sublicense these rights to your User Content to third parties, including to users directly and through third parties such as resellers, distributors, affiliate sites and paid advertising on third-party platforms. 

You also grant OmTribes a worldwide, perpetual, fully sub licensable, royalty-free, non-exclusive right to use your name, brand name, image, likeness, voice and performance in connection with your User Content, any features or functionality related to those materials or other information, as well as in connection with the platform’s marketing and promotional activities.

Unless otherwise agreed, you have the right to remove all or any portion of your content from the Website at any time. Except where otherwise agreed, OmTribes’ rights to sublicense the rights in this section will terminate with respect to new users 30 days after the request for removal. However, rights given to users before the request for removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and OmTribes’ right to use the content for marketing purposes shall survive termination. 

2. OmBusiness Vendors

OmBusiness Vendors (“Vendors”) can sell digital products and services (“Vendor Products”) from our Website. Vendor Products appear in the OmTribes store and can also be linked to the store area of any listing, where the purchased OmBusiness Subscription Plan (“Subscription”) includes this feature. 

Listing owners do not automatically become Vendors with the purchase of a listing Subscription that includes this feature. To become a Vendor, you must submit an application on our Website. Once approved, you can begin adding products and services to the Website and your listings. 

For the avoidance of doubt, any products and services you offer as a Vendor constitute “User Content” and must comply with the rules for User Content set out in these OmBusiness Terms and our Terms of Use. 

2.1 Commission & Revenue Share

OmTribes receives 20 % commission for each sale you make on the platform. This fee includes our commission and covers any transaction and processing fees from our payment gateway that are attached to each sale.

When a user purchases a Vendor Product, we calculate the gross amount of the sale as the amount received by OmTribes from the user (“Gross Amount”). Your revenue share is equal to 80% of the Gross Amount. 

If we change this payment rate, we will provide you with 30 days notice via the email address listed on your account. 

OmTribes makes all Vendor payments in Australian dollars (AUD) regardless of the currency with which the sale was made. OmTribes is not responsible for foreign currency conversion fees and other processing fees that you may incur during the Payouts process. 

2.2 Receiving Payouts 

To receive payouts you must provide us with details of a PayPal account. You are responsible for any taxes on your income. Payments are made monthly, within 10 days from the end of the month in which the purchase occurred. 

2.3 Refunds

You agree to abide by OmTribes’ Refund Policy as detailed in our Terms of Use. OmBusiness Vendors do not receive any revenue from transactions for which a refund has been granted under the Terms of Use. 

3. Listings

For the avoidance of doubt, your listing submissions constitute “User Content” and must comply with the rules for User Content set out in these OmBusiness Terms and our Terms of Use. 

Your listing submissions must not relate to any unlawful business, product or service; and you must not make any directory submission with a view to conducting any unlawful activity or entering into any unlawful contract or arrangement.

Without prejudice to our other rights under these terms, we reserve the right to reject or delete any listing submissions, with or without notice to you, if they breach our OmBusiness Terms and our Terms of Use. If we reject or delete a listing submission because you violate the OmBusiness Terms or our Terms of Use we will not refund any applicable Subscription Plan charges.

3.1 Free Listings

Registered Users may submit one free listing to our directory (subject to listing approval) by following the steps outlined on our Website. Once approved, listings remain published on our Website for a period of 1 year. We reserve the right to reject or delete any free listing at any time, with or without notice to you, if it breaches our OmBusiness Terms or Terms of Use.  

3.2 Paid Listings

Once approved, paid listings remain published on our Website while you have an active Subscription Plan, unless otherwise stated for that specific listing type. For example, Event listings and Job listings are automatically unpublished after the event date or application deadline has passed. 

OmBusiness Members may add multiple listings to our Website, in accordance with the inclusions set out in the purchased listing Subscription Plan. 

4. Listing Subscription Plans

4.1 Subscription Plans & Features

The subscription that you purchase determines the features, price and duration of your access to a Subscription Plan. You may not transfer, assign, or share your Subscription Plan with anyone else. 

We make no guarantees as to the availability of any specific features in any Subscription Plan. At any point in the future, we reserve the right to offer or cease to offer additional features and/or inclusions to any Subscription Plan, or to otherwise modify or terminate a Subscription Plan at our sole discretion. 

4.2 Payments and Billing 

The subscription fee will be listed at the time of your purchase. You can visit our Support Page to learn more about where to find the fees and dates applicable to your subscription. Payments are non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law. 

To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for payment of the then- applicable fees. 

If we are unable to process payment through the payment method we have on file for you, we may suspend or terminate your Subscription and access to the Services.

We reserve the right to change our Subscription Plans or adjust pricing for our Services at our sole discretion. Any price changes or changes to your subscription will take effect following notice to you, except as otherwise required by applicable law. 

4.3 Renewals 

We will charge the subscription fee for your next billing cycle at the end of the subscription period. Your subscription will automatically renew according to your subscription settings unless you cancel your subscription prior to the end of your current subscription period. 

4.4 Subscription Management 

You can cancel your Subscription by following the steps outlined on our Support Page. If you cancel your subscription, your access to any services included in that Subscription Plan will automatically end on the last day of your billing period. On cancellation, you will not be entitled to receive a refund or credit of any fees already paid for your subscription, unless otherwise required by applicable law. However, you will still have access to the Services included within your Subscription Plan until the end of your current subscription period.