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:
You understand that:
If you do not accept these terms and conditions, you must refrain from using the Platform.
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:
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.
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.
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.
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).
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 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.