Terms of Use

Effective Date: 01/01/2025

This Site is owned and operated by OmTribes ABN: 36 797 734 730 trading as OmTribes (referred to in these terms as “OmTribes”, “we”, “us”, and “our”).

1. About the Website

(a) Welcome to OmTribes (“Website”). OmTribes’ mission is to bring together the best wellness and personal growth providers, events and experiences to a single, searchable platform. Our Terms of Use help keep our platform and services safe for our users.

(b) These terms apply to all your activities on the OmTribes Website, our social media channels, mobile applications and other related services (“Services”). These Terms, together with our Privacy Policy, and OmBusiness Terms, apply to all Website visitors, subscribers, customers and other users of the Website (“user”, “you” and “your”).

(c) Please take the time to read these Terms of Use (“Terms”) carefully before using our Services. By accessing, browsing, and/or using the Services this signifies that you have read, understood and agree to be bound by the Terms. By using or accessing the Services, you warrant that you are over 18 years of age and have the legal capacity to enter into a legally binding contract. If you do not agree with the Terms, you must cease usage of the Services immediately.

(d) If you are accepting these Terms and using our Services on behalf of a company, organisation or other legal entity, you represent and warrant that you are authorised to do so. By accepting these terms you bind both yourself and the company, organisation or other legal entity that operates that business or organisational project to these Terms, and in these circumstances references to “user”, “you” and “your” in these Terms are to both the individual user and the relevant person, company or legal entity.

2. Change to Terms

(a) OmTribes reserves the right to change or modify these Terms, at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we publish the revised version on our Website. When OmTribes updates the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms. However, it is your responsibility to review these Terms prior to use and periodically throughout your use of our Services.

(b) Your continued use of our Services is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you are uncertain about the Terms or anything else on our Website, please don’t hesitate to contact us . If at any time you choose not to accept these Terms, you should cease using the Services immediately.

3. User Account Registration

You need to register an account for most activities on our Website, including to purchase and access content or to submit content for publication. As part of the registration process, or as part of your continued use of the Services, you are required to provide personal information about yourself such as (such as identification or contact details) including email, address and password.

Once you have completed the registration process, you will be a registered user of the Website (“Registered User”) and agree to be bound by the Terms.

When you create an account with us, you must provide us with information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.

You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness.

You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Website and the Services that occur under your password or account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission.

You agree to immediately notify us by email to connect@omtribes.com of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. OmTribes will not be liable for any loss or damage arising from your failure to comply with this section.

If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account.

You may not use the Services if you are not of legal age to form a binding contract with OmTribes; or if you are a person barred from receiving the Services under the laws of Australia or other countries, including the country in which you are resident or from which you use the Services.

We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.

4. Copyright & Intellectual Property

Our Website, products and services contain intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images, designs, text, videos, audio files, graphics, other files, and software (“Content”). Your access to and use of our Website, products (including digital products), services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.

4. 1 No Commercial Use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Website, products, Services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent from OmTribes and any other relevant rights holders. We reserve the right to immediately remove your access to our Website, products, services, and content, without refund, if you are found to be violating these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

4. 2 Limited Licence

Where you download or purchase our Digital Products (including checklists, guides, ebooks, workbooks, video or audio content), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorised by us.

4.3 User Content

User content (“User Content”) refers to all works and materials (including 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.

OmTribes does not claim any ownership rights to any User Content that you post on the Website or otherwise make available through the Services. You will retain all intellectual property rights that you may have in any User Content that originates with you.

In order to be able to offer you the use of our Website and Services you grant a license to OmTribes to use and distribute your User Content. This enables us to display the content in other places within the Website and permit visitors and Registered Users to view and share the content.

By agreeing to these Terms and by submitting User Content on or though our Website or Services, you grant OmTribes a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, publish, create derivative works from, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available your User Content on and through the Websites and/or Services, in print, or in any other format or media now known or later developed, without any obligation of notification, compensation, attribution or consent.

You represent and warrant that you have the legal right to post the content uploaded or published by you on or through our Website or Services; and that it will not violate the law or the rights of any person or entity.

5. Links to Other Websites

Our Website and social media channels contain third-party advertising and links to other sites operated by third parties.

The inclusion of links to third party websites does not imply our evaluation, endorsement, sponsorship or recommendation of that site, its content, practices or services.

We are not responsible for evaluating those websites, nor do we control the content on those websites. We do not warrant the products or offerings of, any of these businesses, entities or individuals, or the accuracy of the content of their advertising or websites.

We assume no responsibility for the content, privacy polices or practices of any third party service, and shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods or services.

It’s up to you to decide if those websites and their content are suitable and appropriate for you. If you access a link to a third party site or service please be aware that you do so at your own risk, and in doing so you will become subject to the terms and conditions of the linked site. Before you purchase goods or services from a third party and/or use any third-party website, you should review the applicable terms of use and privacy policies for such websites.

6. Privacy

OmTribes takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to OmTribes Privacy Policy, which can be accessed here. Our Privacy Policy sets out how we use your personal information. By using our Website, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.

7. Purchasing & Payment

7.1 Prices

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Website may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated.

We reserve the right at any time to change, update, or to otherwise modify or discontinue any of our products or services at our sole discretion, without notice to you. We shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of the product or service.

7.2 Discounts & Vouchers

We may from time to time provide discounted products and/or services. Unless otherwise stated, you may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

7.3 Payment

When placing an order for products or services available on the Website, you may be asked to supply information relevant to your order including your name, email, phone number, credit card details and billing address.

You represent and warrant that: (a) You have the necessary rights and authority to use that credit card; and that (b) the information you supply to us is true, correct and complete. By submitting this information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.

You acknowledge and agree that: (a) You will make timely and full payments to us for the products and/or services purchased; (b) You will keep all billing information current at all times; and that (c) where you fail to make payment or payment is declined for any reason, we may revoke your access to our products or services.

7.4 Order Cancellation

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

7.5 Refunds

OmTribes will provide a refund (“Refund”) of any service fees (including for third party services) in the event that we, or the service provider is unable to provide the services, or, if we make the decision that it is reasonable to do so under the circumstances. Please note that we are only able issue Refunds for services where the transaction has take place through our platform.

8. Digital Products

Where you download or purchase our Digital Products, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products, solely for your own personal, non-commercial use. All other uses are expressly prohibited. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right to refuse to provide the products to you at any time for any reason.

After payment for your Digital Product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Product after it has been downloaded.

Except as otherwise expressly stated, you may not reproduce, redistribute, transmit, assign, sell or broadcast, rent, copy, share, lend, modify, adapt, edit, enhance, create derivative works of, sublicense, or otherwise transfer or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.

8. 1 Refunds for Digital Products

Due to the nature of Digital Products, any orders received and processed have a strict no refund policy. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will be happy to send you the correct Digital Product or a revised download link.

You will only be entitled to a refund at our sole discretion, or where we determine that we are unable to provide the product for any reason. You acknowledge that you do not obtain the right to a refund where you have changed your mind. Refunds in lieu of money (such as credit for other services) may be offered to you at our sole discretion.

9. Electronic Communications & Electronic Signatures

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Website, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

10. Information & Advice

Our Website contains content, including digital products, blog articles, and other information, that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Website or through our products and/or services.

Where our products, services, programs or courses incorporate [activities/treatments/procedures] that may affect your health, you warrant that you are fit to participate and have sought the advice of a medical practitioner accordingly, particularly if you have pre-existing health conditions.

We do not accept responsibility for determining whether our products and/or services are appropriate for you. We reserve the right to deny service and refund the cost of that product and/or service for any reason, including where we believe that the product and/or service would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.

Any reference to third party products or services, programs, courses, processes or other information appearing on our Website does not constitute or imply our evaluation, endorsement, sponsorship or recommendation in any way.

11. Submitting Content to the Website and Social Media

We always appreciate interaction on our social media channels and Website, including feedback about our products, services, and listings as it helps us to improve. Through the use of our Services, you may submit User Content such as reviews, interactions with us via our social media channels and comments on our blog or other parts of our Website. We love to hear from you!

You are responsible for all User Content you contribute, 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.

Where you do decide to submit User Content you:

warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions);
give us permission to post or otherwise use that feedback on our social media or other channels;
waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with;
warrant that you will not post or submit any inappropriate, offensive, racist, hateful, sexist, false, misleading, incorrect, infringing, defamatory or libellous content or information;
warrant that any content provided does not violate these Terms; and
warrant that you are at least 18 years old.

We reserve the right to remove a review or comment if such review or comment contains:

libellous or otherwise unlawful, abusive or obscene material;
personal attacks on our employees or another contributor;
material that discloses your personal information; or
Information that is unrelated to the post or content that you have reviewed or commented on.

Our Website and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.

12. Competitions & Giveaways

We may from time to time run competitions and giveaways through our Website and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.

13. Testimonials

On our Website, we may present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible, but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.

Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Website and social media channels, or any other avenue, for promotional and other purposes at our discretion.

14. Prohibited Use

In addition to any other prohibitions, you must not, under any circumstances, use the Website or its content:

for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, or state regulations, rules, laws, or local ordinances;
to attempt to change, remove, deface, hack or otherwise interfere with our Website or any material or content displayed on the Website;
to hack into any aspect of the Website, corrupt data, or cause annoyance to other users;
to infringe upon any other person’s proprietary rights;
to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site.

You must ensure that all the information you supply to us through our Website, or in relation to our Website is true, accurate, current, complete and non-misleading.

15. Reporting Content

If you learn of any unlawful material or activity on our Website, or any material or activity that breaches our Terms please let us know. Omtribes provides a Report feature for all of our listings within the Quick Action header icons at the top of each listing. To Report a listing simply hover over the icons to reveal the Report action, and click to submit your feedback. For any other concerns please reach out to us through the form on our Contact Page or email connect@omtribes.com.

16. Warranties and Disclaimers

The Website and Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law we and our affiliates, suppliers, partners, directors, employees, licensors, vendors and third party content or service providers (OmTribes + Parties) make no representations or warranties of any kind about the use or the results of use of the Website, Services or the content, products and services included thereon, including without limitation, that:

they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
access will be free of any harmful components (including viruses, worms and malware) or other code that is harmful or may assist in causing harm; or
the website will be uninterrupted or error-free; or
there is no possibility of failure to store communications or other data.

To the fullest extent permitted by law, in no event will OmTribes + Parties be liable for any personal injury, health problems, expenses, losses or damages of any kind that result from your use of (or inability to use) any aspect of the Website or Services, including but not limited to products, services, events and/or information you may learn about on the Website and/or the Services, and/or any action on your part as a result of information you have obtained from the Website and/or the Services.

OmTribes + Parties make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk.

The material and information contained on the website are intended for general informational and educational purposes only. This includes health, wellness, fitness and nutritional information, which is designed for educational purposes only.

The use the Website and Services, including any information provided on the Website is solely at your own risk and should not act as a substitute for professional medical advice, diagnosis or treatment.

Before accessing or using any health, wellness or fitness programs, products or services that may be listed or made accessible through the Website and/or the Services, we strongly recommend that you consult with a doctor or other healthcare provider. The Website and Services should only be used in conjunction with professional medical guidance. If you have an existing physical or medical condition, it is essential that you seek the advice of a medical professional prior to using the Website and/or the Services.

If you have any concerns regarding the content of the Website, please contact OmTribes by emailing us at connect@omtribes.com.

17. Limitation of Liability

To the fullest extent permitted by applicable laws, OmTribes (and our partners, affiliates, directors, employees, licensors, vendors, service providers and content providers) will in no event be liable to you or any third party for any direct, indirect, actual, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of data, revenue or income, profit or projected profit, business opportunities, pain and suffering, emotional distress, or other losses of any kind or character arising from or in connection with any use of the Website and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Website and/or the Services.

Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

18. Indemnification

To the fullest extend permitted by applicable laws, you agree to indemnify, defend and hold harmless OmTribes and our suppliers, affiliates, partners, directors, employees, contractors, service providers and licensors from any and all third party claims, losses, liability, damages and/or costs (including reasonable legal fees on a full indemnity basis) arising out of or related to; (a) any content you post or submit; (b) your use of the Website and/or Services; (c) your breach of the Terms; (e) your breach of any law or the rights of a third party.

Your indemnification obligation will survive the termination of these Terms and your use of the Services.

19. Additional Terms

We may also require you to follow additional terms and conditions separate to these Terms (“Additional Terms”) in order to access specific services, deals or content; participate in promotions, competitions or activities available though the Website, or for other reasons.

These Additional Terms will be posted on the relevant portions of our Website, or on the portion of our Website that contains information describing the activity governed by Additional Terms.

These Additional Terms will form the basis of your arrangement with us and will operate in conjunction with these Terms. You agree to comply with them when you purchase items from our store, or engage in activities governed by such Additional Terms. To the extent that the Terms are inconsistent with the Additional Terms, the Additional Terms will prevail.

20. Breach & Termination

OmTribes may without notice or liability to you, restrict, suspend or terminate your access to your Account or all or part of the Services for any reason, including without limitation; (a) If we believe you are using or have used the Services in violation of the Terms or applicable laws or regulations; (b) You create risk or possible legal exposure for us; (c) Your use of the Services may harm OmTribes’ business; (d) Website technical issues or problems; (c) requests from law enforcement or other government authorities. Upon termination, your right to use the Website will cease immediately.

To the fullest extend permitted by law, you agree that OmTribes will not be liable to you or to any third party for any such restriction, suspension or termination of your access to the Services, except if we elect to do so without cause, in which cause we will refund any unused portion of a paid subscription.

Upon suspension or termination OmTribes reserves the right to permanently delete any of your personal information and/or User Content that you have posted to the Website.

If you wish to terminate your Account you can do so at any time by notifying us via email at connect@omtribes.com. Termination and cancellation will become effective only after OmTribes has processed your request.

If you have an active subscription and cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the fees paid for the unused portion of your subscription. However, you will still have access to the subscription services until the end of your current subscription period.

21. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

If any terms or conditions of this Agreement are found to be void or unenforceable by a Court of competent jurisdiction, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by OmTribes.

22. Modification & Discontinuation

We have the right to discontinue our Website. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Website, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website and/or the Services, or any portion thereof, with or without notice. We may also exclude any person from using our Website, at any time and at our sole discretion. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website and/or Services, or exclusion from using the Website or Services.

23. Assignment

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

24. Entire Agreement

These Terms (together with our Privacy Policy, Additional Terms and OmBusiness Member Terms) constitute the entire understanding and agreement between us and you in relation to your use of our Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our Services and your use of our Services.

25. Venue and Jurisdiction

The Services offered by OmTribes are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

26. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.