Platform terms and conditions

This website (www.thr1ve.me) and mobile phone application (THR1VE App) (together, THR1VE) are operated by Thrive Collective Pty Ltd ACN 155 909 970.

In these terms and conditions, the expressions we, us and our are a reference to Thrive Collective Pty Ltd ACN 155 909 970.

Use of the Platform

If you use this Platform, you agree your use is for personal use only and that you are bound by the terms and conditions listed below.  

You represent and warrant that your use of the Platform will not:

  1. violate any laws or regulations;
  2. violate any third party terms such as your mobile phone or internet service provider agreement;
  3. be false or misleading;
  4. infringe any third party rights, including intellectual property rights;
  5. distribute malicious code or viruses;
  6. threaten our infrastructure or affect the quality of access to the Platform;
  7. collect personal information about other users; or
  8. jeopardise the security of the Platform or any users’ account.

You understand that:

  1. you are responsible for maintaining the confidentiality and security of your personal information such as usernames, passwords, residential address, date of birth and payment methods;
  2. unless you log out of the Platform, you may remain logged in even after your browser or the App is closed;
  3. your access to the Platform may be withdrawn at any time without notice if you breach any provision of these terms and conditions;
  4. these terms and conditions survive any withdrawal of access to the Platform;
  5. your use of the Platform is governed by our privacy policy available on our Website;
  6. you are fully responsible and liable for the actions of any individual who accesses the Platform using an electronic device which remains logged in; and
  7. the App may not operate in the same manner or functionality as our Website.  

If you do not accept these terms and conditions, you must refrain from using the Platform.  

Ordering

By logging in to your account, you can order our products via the Platform.  We may accept or reject your order in our discretion which we will notify to you via email.  If we reject your order we will refund you any money paid. 

You understand and acknowledge that by ordering products via the Platform, your order is deemed to be an express intention to order the product for the stated price and you indemnify us from all claims, expenses, losses, damage and liability as a result of any act or omission directly or indirectly arising from ordering products on the Platform.

If the order is accepted, and full payment has been made, we will:

  1. make the ordered products available for collection at the collected point stipulated in the order; or
  2. deliver the ordered products to the nominated delivery address specified at the time you submitted your order.  We take no responsibility as a result of products that are damaged or missing as a result of you nominating an incorrect delivery address or requesting the products be left unattended.  You bear the full risk relating to the ordered products from the time those products are dispatched by us to your nominated delivery address.

You acknowledge that any timeframes given by us in relation to the collection or delivery are an estimate only, and are not binding on us.

Intellectual property rights statement

All intellectual property rights in the Platform, including design, text, graphics, logos, icons, sound recordings and all software relating to the Platform belong to or are licensed by us.  These intellectual property rights are protected by Australian and international laws.

You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Platform), store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another website or App or create derivative works from any part of the Platform or commercialise any information obtained from any part of the Platform without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material.

You agree to immediately inform us if you consider any part or content of the Platform infringes any third party intellectual property rights.

Linked websites

The Platform may contain links to other websites.  The links are provided for convenience only and may not remain current or be maintained.  We are not responsible for the content or privacy practices associated with linked websites.  If you intend to disclose personal information to a third party website you should review that party’s privacy policy before doing so.

Secure data

Unfortunately, no data transmission over the internet can be guaranteed as totally secure.  We do not warrant and cannot ensure the security of any information which you transmit to us.  Accordingly, any information that you transmit to the Platform is transmitted at your own risk.  If you become aware of any problems with the security of the data or the Platform, please contact us immediately.

Warnings

You must ensure that your access to the Platform is not illegal or prohibited by laws which apply to you.

We do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep the Platform updated.  The information on the Platform is not, and is not intended to be, advice.  You should not act or refrain to act on the basis of any of the material on the Platform without first satisfying yourself as to the truth or accuracy of all information given.

We do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on the Platform.

You must take your own precautions to ensure that the process that you employ for accessing the Platform does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system.  For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system or other hardware (including your mobile device) which arises in connection with your use of the Platform or any linked website.

Limitation of liability

We are not liable for any loss or damage, however caused (including, but not limited to, by our negligence) suffered by you in connection with this agreement or your use of the Platform.  We make no warranty or guarantee relating to the use of the Platform (including accuracy of information) and are not liable for any loss or damaged suffered by you in connection with the Platform.  You use the Platform at your own risk.  

If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.

Indemnity

You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of the Platform, any information that you provide to us via the Platform or any damage that you may cause to the Platform.  This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).

General

We reserve the right to amend these terms and conditions from time to time.  Amendments will be effective immediately upon notification on the Platform.  Your continued use of the Platform following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

If a dispute arises regarding these terms of use, the laws of Queensland, will apply.  In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland.  If any clause or part of a clause of this document is found to be illegal or unenforceable, that clause or part of a clause may be severed from this document and the remaining clauses or parts of the clause of this document continue in force.

If you access the Platform in a jurisdiction other than Queensland, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.