Terms & Conditions
Thrivology Limited t/a The Thrivology Company whose registered office is at 7 Heron Court, Biddenham, Bedfordshire, United Kingdom, MK40 4UQ This Terms and Conditions (�Terms�) relates to The Thrivology Company services, and all related downloadable software, and other services provided by The Thrivology Company and in or on which a link to this Policy is displayed, and all other communications with individuals by written or oral means, such as email or phone (collectively, together with the Site, (our �Service�). This Policy describes the information that Thrivology Limited t/a The Thrivology Company gathers on or through the service, how The Thrivology Company uses and disclose such information, and the steps The Thrivology Company take to protect such information. By visiting the Site or by purchasing or using any Services, you consent to the privacy practices described in this Policy. 1. DEFINITIONS In these Conditions the following words and expressions, unless the context otherwise dictates, shall have the following meanings: �Client� the person or Company purchasing the Program or Service from The Thrivology Company �Commencement Date� the date that The Thrivology Company commences provision of the Program or services to the client in accordance with clause 2.4 below �Contract� the Contract between The Thrivology Company and the client for the supply of a Program or consultant services �The Materials� all documents, guides, booklets, digital or physical products, CD-ROMs, equipment, content on The Thrivology Company �s website and any other proprietary information relating to the Program or services which The Thrivology Company provides to the client. �Fees� the fees payable by the client for the supply of a Program or service in accordance with clause 5. Data Protection Addendum means the addendum here to identifying certain respective rights and obligations of the parties in respect of personal data and privacy under the Contract Affiliate means, in respect of any entity, any entity that directly or indirectly controls, is controlled by or is under common control with that entity within the meaning set out in section 1124 of the Corporation Tax Act 2010; Client Data means all data (in any form) that is provided to The Thrivology Company or uploaded or hosted on any part of any Program by the client or by any Authorised Member Data Protection Losses has the meaning given to that term in the Data Protection Addendum; Protected Data has the meaning given in the Data Protection Addendum; 2. BASIS OF CONTRACT 2.1 The Contract constitutes the entire agreement between the parties. The client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of The Thrivology Company, which is not set out in the Contract. These Conditions apply to the Contract to exclude any other terms that the client seeks to impose or incorporate or implied by trade, custom, practice or course of dealing. The Thrivology Company are under a legal duty to supply goods that are in conformity with the Contract; 2.2 Any sample materials, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in The Thrivology Company website or brochures, are issued or published for the sole purpose of giving an approximate idea of a Program or services and the Programs or services offered by us. They will not form part of the Contract or have any contractual force. 2.3 The Client agrees that if they access or use the program materials supplied with the service before the end of 21 days from the Commencement Date of the Program or service, they then understand and agree with explicit consent that the right to cancel the Contract will be lost. The client understands that they will need to contact firstname.lastname@example.org if they maintain their right to cancel. 2.4 The Commencement Date of the Program or services is the date on which these Terms and Conditions are signed, and the client, therefore, gains access to the Program or services (irrespective of whether they do access the Program on that same day). 2.5 As the Client is entering into the Contract for a reason wholly or partly connected to business (whether that business is a limited company, partnership, sole trader, freelancer or any other kind of business entity in relation to a profession to acquire clients and run a business) then consumer protection law does not apply. Terms deemed unfair under consumer protection law would not generally be considered unfair in a business to business context. The client understands they are entering into the Contract for business purposes and will therefore be considered a business for contract law matters. 3. THE PROGRAMS OR SERVICES 3.1 The Thrivology Company will supply a Program or service to the client, and The Thrivology Company warrants that such Program or service has been prepared using reasonable care and skill. The Thrivology Company provides no guarantee that a program or service will provide any results for the client. The Thrivology Company makes no claims or representation that by using The Thrivology Company, the client will earn money or make their money back. The Clients experience will vary based on the Clients level of effort, how hard they work, how much of what The Thrivology Company recommend they implement and how closely they follow the process laid out by us. The client accepts they are fully responsible for all decisions made relating to their business and acknowledges that The Thrivology Company have no control over what they do and don�t do. 3.1.1 The Thrivology Company are not affiliated with any social media platform in any way and have no control over their actions. The Thrivology Company accepts no liability for any social media platform actions, including but not limited to account closure, suspension, negative commentary on adverts, costings, changes to layout, processes, budget allocation. 3.2 The Thrivology Company will use reasonable endeavours to meet any dates in relation to supporting the Program or services. Still, any such dates will be provisional only and may be subject to change at The Thrivology Company discretion, with no liability attaching to The Thrivology Company in respect of such changes. 3.3 The Thrivology Company will have the right to make any changes to the support of a Program or service that does not affect the fundamental nature of the Program or service 3.4 The Client shall (and shall ensure all Authorised Affiliates and Authorised Member shall) at all times comply with all applicable laws relating to the use or receipt of the Program or services, including laws relating to privacy, data protection and use of systems and communications. 3.5 The Client and The Thrivology Company acknowledge that the Program or service consists of the pre-recorded training videos the client are provided access to from the Commencement Date of the Program or service. The client shall have access to the training videos (including any updates) for the client's lifetime as long as the Company is still in operation. Any other materials, access or support provided (including but not limited to Q and As, Q and A recordings, support given through The Thrivology Company intercom service, personalised videos, phone calls, video calls or other communication with The Thrivology Company through any other CRM system or communication method) is designed to support the client�s use of the Program or services and does not constitute part of the Program or service itself. 3.6 The Client may submit coaching help requests via the Members Area and expect a response within 2-5 working days, depending on the nature of the request. Any member of The Thrivology Company may respond. A Client may not dictate which Member of The Thrivology Company team the response is given by. 4. CLIENT�S OBLIGATIONS 4.1 The client will: (a) ensure that the terms of the Order are complete and accurate; (b) cooperate with The Thrivology Company in all matters relating to a Program or service; (c) pay the Fees strictly in accordance with the payment schedule set out in the Order; (d) provide The Thrivology Company with such information and materials as The Thrivology Company may reasonably require to support a Program or services and ensure that such information is accurate in all material respects; (e) not use a Program or The Thrivology Company Materials for any purpose other than that which has been expressly authorised under the Contract, nor will it compete or seek to compete, either directly or indirectly, with the business The Thrivology Company at any time (f) respect the privacy rights of any other participants in the Program; (g) permit The Thrivology Company to use any examples of the clients in the updated online curriculum or The Thrivology Company marketing (h) with the Clients Permission, the client permits The Thrivology Company to include information or video footage highlighting any benefits which the client�s business has obtained from using a Program and in this regard, the client hereby grants to The Thrivology Company royalty-free, perpetual license to use any intellectual property rights of the client for this purpose. 4.2 If The Thrivology Company performance or obligations under the Contract is prevented or delayed by any act or omission by the client or failure by the client to perform any obligation (Client Default), we, without limiting The Thrivology Company other rights or remedies, will: (a) have the right to suspend offering support of a Program until the client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays The Thrivology Company performance of any of The Thrivology Company obligations, and (b) not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from The Thrivology Company failure or delay to perform any of its obligations as set out in this clause. 5. FEES AND PAYMENT 5.1 The Fees for the Program are listed on the Thrivology website. The payments will be made using the payment details supplied by the client. The fees will remain payable by the client even if the client does not complete, access or use the entire Program. The program fees are non-refundable. 5.2 The Client will pay all amounts due under the Contract in full without any deduction or withholding. The client will not be entitled to assert any credit, offset or counterclaim against The Thrivology Company to justify withholding payment of any such amount. 5.3 The Thrivology Company reserves the right to continue processing payments for any outstanding monies using any of the client�s card details held on the client's account. 5.4 Failure to make payment in a timely and collaborative fashion may result in your details and Contract being handed to a 3rd party debt collection agency which may affect your credit rating and potential to get future credit. 6. INTELLECTUAL PROPERTY RIGHTS We will own all intellectual property rights in or arising out of or in connection with a Program or services and The Thrivology Company materials. The Thrivology Company hereby grant the client a revocable, nonexclusive royalty-free licence to use The Thrivology Company materials for the duration of a Program or services. 7. LIMITATION OF LIABILITY AND DISCLAIMERS: 7.1 The Thrivology Company will be liable to the client under no circumstances whatsoever, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract. 7.2 The Thrivology Company does not provide any legal, tax, financial or accounting advice. Any information provided to the client as part of a program or service is not intended to constitute advice. 8. DURATION AND TERMINATION 8.1 The Contract will last until both parties have fulfilled their obligations relating to the Contract. The client has access to the training videos for their lifetime or the lifetime of the Company 9. DATA AND INFORMATION 9.1 Client Data shall at all times remain the property of the client or its licensors. 9.2 Except to the extent The Thrivology Company have direct obligations under data protection laws, the client acknowledges that The Thrivology Company have no control over any Client Data hosted as part of the provision of the Programs or services and may not actively monitor or have access to the content of the Client Data. The client shall ensure (and is exclusively responsible for) the accuracy, quality, integrity and legality of the Client Data and that its use (including use in connection with the Program or service) complies with all applicable laws and Intellectual Property Rights. 9.3 If The Thrivology Company becomes aware of any allegation that any Client Data may not comply with the Acceptable Use Policy or any other part of this Contract, The Thrivology Company shall have the right to delete permanently or otherwise remove or suspend access to any Client Data which is suspected of being in breach of any of the foregoing from the Programs or services and/or disclose Client Data to law enforcement authorities (in each case without the need to consult the client). Where reasonably practicable and lawful, The Thrivology Company shall notify the client before taking such action. 9.4 Within 30 days of the earlier of the end of the provision of the Program or service (or any part) relating to the processing of the Client Data, unless otherwise set out in the Contract or subsequently agreed in writing, the client hereby instructs that The Thrivology Company shall securely dispose of such Client Data processed in relation to the Program or service(or any part) which have ended (and all existing copies of it) except to the extent that any Applicable Law (as defined in the Data Protection on Addendum) requires The Thrivology Company to store such client Data. The Thrivology Company shall have no liability (howsoever arising, including in negligence) for any deletion or destruction of any such Client Data undertaken in accordance with the Contract. 10. CONFIDENTIALITY AND SECURITY OF CLIENT DATA 10.1 The Thrivology Company shall maintain the confidentiality of the Client Data. Without the prior written consent of the client or in accordance with the Contract, it shall not disclose or copy the Client Data other than as necessary for the performance of the Program or service or its express rights and obligations under the Contract. 10.2 The Thrivology Company shall implement technical and organisational security measures in accordance with the Information on Security Addendum. 10.3 The Thrivology Company disclose the Client Data only to those of its officers, employees, agents, contractors, and direct and indirect subcontractors to whom, and to the extent to which, such disclosure is necessary for the purposes contemplated under the Contract or as otherwise reasonably necessary for the provision or receipt of the Program or service 10.3.2 The Thrivology Company shall be responsible to the client for any acts or omissions of any of the persons referred to in clause 10.3 in respect of the confidentiality and security of the Client Data as if they were The Thrivology Company own. 10.4 The provisions of this clause 10 shall not apply to information which: 10.4.1 is or comes into the public domain through no fault of The Thrivology Company officers, employees, agents or contractors; 10.4.2 is lawfully received by The Thrivology Company from a third party free of any obligation of confidence at the time of its disclosure; 10.4.3 is independently developed by The Thrivology Company (or any of The Thrivology Company Affiliates or any person acting on The Thrivology Company behalf), without access to or use of such information; or 10.4.4 is required by law, by a court or governmental or regulatory Order to be disclosed, that clauses 10.4.1 to 10.4.3 (inclusive) shall not apply to Protected Data. 10.5 This clause 10 shall survive the termination or expiry of the Contract for three years. 10.6 To the extent any Client Data is Protected Data, The Thrivology Company shall ensure that such Client Data may be disclosed or used only to the extent such disclosure or use does not conflict with any The Thrivology Company obligations under the Data Protection Addendum Clauses 10.1 to 10.5 (inclusive) are subject to this clause 10.6. 11. GENERAL 11.1 From the date the Contract commences any behaviour displayed by the Client that The Thrivology Company deems as disruptive, threatening, abusive or untenable in any way, either in person, via email, via social media or any other forms of means of communication either directed at The Thrivology Company, The Thrivology Company�s other clients, The Thrivology Company team members or associates may result in the client being denied access to aspects of support to the Program or service. Any monies already paid for the Program or service will be non-refundable. Should The Thrivology Company display behaviour that is disruptive, threatening, abusive or untenable towards the client, then the client may ask to withdraw from the support aspects of the Program or service and not make any further payments 11.2 Assignment and subcontracting: The Client will not, without the prior written consent of The Thrivology Company, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract 11.3 Waiver: A waiver of any right under the Contract is only effective if it is in writing and will not be deemed a waiver of any subsequent breach or default. 11.4 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract will only be binding when agreed by both The Thrivology Company and the client and signed by the client. 11.5 Other than the warranties provided in the addendum, which can be found upon logging into https://www.thethrivologycompany.com/policies-disclamers The Thrivology Company gives no warranties of any kind, whether express or implied, for the service it provides under the Contract. Use of any information obtained via The Thrivology Company is at the client�s own risk. The Thrivology Company makes no warranty as to the accuracy or quality of information obtained through its services, whether express or implied. 11.6 Complaints: Please contact email@example.com, and The Thrivology Company will acknowledge your contact within 48 hours and provide a complete response within 7 days. The Thrivology Company don�t currently subscribe to an alternative dispute resolution (ADR) scheme as we�re confident The Thrivology Company will always attempt to resolve any complaint professionally and courteously. If you�ve been in touch and are unhappy with The Thrivology Company resolution, please let The Thrivology Company know. If you remain dissatisfied with any final resolution, we�re required to let you know about ADR. The complete list of ADR providers, and more information on ADR, can be found on the Chartered Trading Standards Institute (CTSI) website. The CTSI regulates the list of ADR providers. Suppose you need advice or wish to report problems with goods or services bought from a trader based in the UK. In that case, the appropriate advice agency is the Citizens Advice Consumer Service which can be contacted on 03454 04 05 06 or from a similar advice agency in the country you abide in.