Hiya! Nice to (virtually!) meet you.

You'll find that the rest of this relates to the terms you agree to when you become a Thrive Academy member. Please read through carefully to ensure you understand the terms.

Overview

This agreement sets out the terms and conditions ("Terms") that govern your access to and participation in our Membership program ("Membership") facilitated and run by Marianne Tansley trading as Thrive Admin Services, ABN 55 188 067 25 ("Thrive Admin Services", "Thrive", "I", "me", "my", "we", "us", "our").

These terms are a legal agreement between you ("you" or "your") and us, and by completing the online application form and paying to join our Membership as a member, you agree to be bound by these Terms, so it is important that you read these Terms carefully before applying.

Membership

Thrive Academy includes monthly/annual access to a vault of video tutorials, monthly learning/group coaching call, and access to our private Academy community. Note, Thrive reserves the right to alter, amend or change the inclusions of Thrive Academy based on feedback from our community.

You agree to provide accurate, current and complete information about yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Membership if we suspect that such information is inaccurate or incomplete.

Attendance and participation in the Membership are open only to persons aged above 18 years of age and you must have the necessary power and authority to enter into these Terms.

You acknowledge and consent that part of your Membership includes recordings (in audio and/or video format) of your participation in the Membership, where you may feature prominently. These recordings are for the purposes of providing the Membership and for us to use to in our promotional material to market the Membership. You acknowledge and agree to our usage of these recordings without restriction, including but not limited to our ability to use, modify, alter, publish, reproduce or distribute the recordings.

Your Membership fee commences once you pay the price as displayed on our Website, and in accordance with these Terms ("Membership Fees").

We may approve or deny your Membership application at our sole discretion.

Your Membership continues until terminated in accordance with these Terms.

To access the Membership and use the services, you are required to create an account and in doing so, you must give us accurate information including your name, your business name (if applicable), address, a valid email address and telephone number, and you must be at least 18 years old. You warrant that any information you provide during the account setup process is accurate and correct at the time you provide the information and that you will update information should there be any changes to the information provided. You will be solely responsible for the activity that occurs on your account so keep your account password secure. You must not under any circumstances share your login details with anyone else.

We reserve the right to:

• limit the number of applicants and memberships; and/or
• suspend or cancel your account at any time, at our sole discretion, including if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.

Membership Fees

We have a few different Membership options available.

Please make sure you take the time to review the options and are happy with the option you select as our Membership offerings will renew automatically. If you don't want your Membership to renew, we kindly and highly recommend that you write your next billing date in your calendar, or set a reminder 3 business days before, so you can cancel your Membership.

What happens if you don't pay?

If you do not pay us any portion of the Membership Fees when due, your Membership may be cancelled, suspended, or you may be refused Membership entitlements and benefits until all outstanding amounts are paid.

You must inform us immediately if your payment details change. If payment is declined, your access to the Membership will be suspended until payment has been updated and you must pay all monies due.

You can manage your payment details directly via your account at https://secure.simplero.com/login and selecting Thrive Academy from your purchases. There, you can update your payment details directly.

On 3 failed attempts if payment, we will be revoking and terminating your access (as well as associated replays and materials) to the Academy. 

Fee increase

We reserve the right to increase our Membership Fees solely at our discretion, however, where you have joined our Membership prior to the Membership Fee increase, the initial price you purchased at will remain the same. If you cancel your Membership and decide to purchase a new Membership in the future, you will incur the increased price.

Membership Activities

Collaborations and Partnerships through Thrive Academy

At Thrive Academy, we are massive advocates and champions for connection, collaboration and partnership. However, it is important to note that if you are to connect, collaborate and/or partner (either online or offline) with a fellow Academy member that this is done so at your sole discretion.

Please be sure to do your own due diligence, as Thrive cannot be held liable for any damages, or mishaps, or be responsible to facilitate any conflict or disagreements.

Membership Benefits/Entitlements

During your Membership, we will provide you with certain Membership entitlement and benefits as notified from time to time. Please note, however, that Membership Fees are payable irrespective of whether you use your Membership entitlements or benefits. We cannot guarantee the duration for which these entitlements and benefits will be available.

Membership entitlements may include third-party services and content, however to the extent you opt to use such entitlements, you agree that Thrive cannot guarantee the accuracy or quality of such third-party services or content, and shall not be liable for such third-party services and/or content.

You are granted access to the Membership until these Terms are terminated or the Membership is taken down. If the Membership is taken down, Thrive will provide you with 30 days' notice.

Complaints Procedure

Thrive is committed to providing a high standard of service. If you have any concerns or are dissatisfied with the service you receive and wish to raise a complaint, then please submit your complaint by email to magic@thriveadmin.com

Any complaints submitted in accordance with these Terms must including the following information (at a minimum):

• your name;
• the email address you used to apply for the Membership;
• details of your complaint or concern;
• details of what you would like Thrive to do to resolve the matter; and
• copies of any supporting documentation or correspondence.

Thrive will provide you with an acknowledgement of your complaint within 3 business days of receipt. We will aim to resolve your complaint within 10 business days of receipt. If we are unable to address the complaint within 10 business days, we will write to you to explain what is happening with your complaint.

Any dispute that cannot be resolved will be submitted for mediation in accordance with and subject to The Arbitrator and Mediators Australian Mediation and Conciliation Rules.

Prohibited Membership Use

It is really important to Thrive that everyone not only learns from us, but also enjoys the experience. To ensure that happens, here are some basic rules that you will need to follow as a Member (in addition to your other obligations).

In addition to any other prohibitions, you must not, under any circumstances, share or use the Membership, the Membership entitlements or benefits, the Website or any content or materials provided to you over the course of your Membership:

a) for any unlawful purpose;

b) to solicit others to perform or participate in any unlawful acts;

c) to violate any international, federal, or state regulations, rules, laws or local ordinances;

d) attempt to change, remove, deface, hack or otherwise interfere with this Website or any material or content displayed on the Website;

e) hack into any aspect of the Service, corrupt data, or cause annoyance to other users;

f) infringe upon the rights of any other person's proprietary rights;

g) send any unsolicited advertising or promotional material, commonly referred to as "spam"; or

h) attempt to affect the performance or functionality of any computer facilities of or accessed through the Website or your Membership.

Intellectual Property Rights

Except for any content you may provide to us, all materials that are provided to you as part of your Membership are our exclusive property, which means that Thrive owns that content. We would really appreciate it if you are respectful of our ownership rights and do the right thing by using the content to increase your skills and confidence in Microsoft 365.

Please note, your active investment into the Membership does not mean you “own” the materials, content, and information we share. The active investment of the Membership entitles you to the ACCESS of our material, and you are granted a general license to use our materials for the purposes of your own business. 

In relation to Membership Materials:

a) We retain ownership of all Intellectual Property Rights (including Moral Rights) in Membership Materials; 

b) the Membership services to the extent they contain Membership Materials, you are granted (subject to you paying Membership Fees) a limited right to use Membership Materials and:

i. it may only be used for the purposes set out in the Terms, as part of your Membership ;
ii. You will not modify the Membership Materials except to the extent that they relate to templates provided for your use and as otherwise agreed by us; and 
iii. You will not sublicense, publish, sell, or otherwise provide it or allow it to be used by third parties.

("General Licence")

Liability for breach of licence terms

In addition to any other rights and obligations set out in these Terms, where you breach the limitations of the licence granted under these Terms, including but not limited to using the Membership Materials beyond the purpose specified under the General Licence, you must account for and provide to us any profit earned by you as a consequence of the breach to a bank account nominated by us.

For the purposes of this clause and the Terms, "Membership Materials" means all tools developed and/or utilised by us in performing the Membership services, including, without limitation, templates, programs, Membership content, workshops, digital products (including ebooks), webinars, audio and videos.

Testimonials

Where you have provided testimonials (in any format), Thrive may use those testimonials to refer to you in our Websites, and other media (including social media channels) for the sole purpose of promoting our Membership and our services.

We love it when you share feedback and suggestions. It helps to improve our products and services, but remember we can’t pay you if we use any feedback or suggestions.

Intellectual Property Right Consent and Indemnity

You represent and warrant that you are the owner of the intellectual property rights in any content you provide to us (Member Content) or that you have a license to use and distribute the Member Content. You will indemnify us against any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of any breach of intellectual property rights (including third-party intellectual property rights) from our use of the Member Content.

By submitting an online application and participating in our Membership, you grant us a non-exclusive, irrevocable, royalty-free, perpetual license to use, modify, adapt, reproduce or communicate, your Member Content to the extent required to provide the Membership.

Termination

We may terminate the Terms with immediate effect, by giving you written notice if:

a) you do not pay the Membership Fees when due;

b) you fail to comply with any of the provisions of these Terms or otherwise breach any undertaking, warranty or obligation under this agreement;

c) you engage in conduct injurious or potentially harmful to our reputation;

d) you disclose Confidential Information without consent;

e) you fail to conform or abide by our applicable rules (including online group rules), policies or procedures;

f) your actions are contrary to our interests; or

g) we consider that mutual trust and/or confidence no longer exists.

If we terminate your Membership, we may, but are not obliged to, refund any prorated balance of the Membership Fee already paid by you.

Disclaimer, Warranties, Indemnities and Liability

Disclaimers and Warranties

You use our products and services at your own risk. Thrive cannot guarantee any particular outcome as there are too many variables involved.

You and Thrive agree that:

a) the Website, Membership and content is provided on an ‘as is’ basis;

b) you use the Website and Membership at your own risk;

c) you are responsible for maintaining the security of your account and access to the Website and Membership including by maintaining the security of your password and account login details.

The information and advice provided during the Membership are intended to be for educational purposes only and no warranty or condition of any kind (either express or implied), or fitness for a particular purpose or that any result or objective can or will be achieved or attained at all.

Thrive does not provide any legal, tax, or other professional advice and would advise that you seek expert professional advice before acting on any information provided to you.

No Guarantee

Any success you gain will be dependent on your own efforts, commitment, and intent to follow through, as each person’s success is completely dependent on their background, dedication, drive, and motivation to succeed, as well as many other factors. Under no circumstances can Thrive guarantee a particular result, whether financial or otherwise. You acknowledge and agree that results may differ from person to person. You acknowledge and agree that when you purchase the Membership or any other program, participate in any coaching or purchase a product and/or service, that results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on our Website or via any content we communicate with you (including any newsletter, social media or other advertising), are only provided as examples of what can be possible.

All express or implied warranties, representations, statements, terms and conditions relating to the Terms or its subject matter which are not contained in the Terms are excluded from the Terms to the maximum extent permitted by law.

By referencing any programs, courses, products or services throughout the Membership, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the programs, courses, products or services.

Indemnities and Liability

If Thrive suffers any damage or loss due to your actions, including violating our Terms or any laws, then you are responsible for all associated costs. To the extent we have any liability to you, then our liability is limited to the fees paid by you in the 6 months preceding the liability event.

You and we agree that:

a) We and our directors, agents or associates shall not be liable for any loss or damage resulting from your Membership, except as expressly permitted by law and as set out in these Terms. 

b) You have a number of rights and consumer guarantees under Australian Consumer Law, including that our services are fit for purpose, provided with acceptable levels of care and skill, and provided within a reasonable timeframe.

c) If during your Membership, we do not meet the guarantees above, please contact us immediately and provide us with details and evidence (if possible) of the problem, in accordance with these Terms.

d) If our services are confirmed to have a major problem, we will re-supply the services or refund all or part of the Membership Fee (as applicable) to your original payment method. The applicable refund amount will be determined by the nature of the problem and the degree to which you may have been partially responsible for the problem. 

e) Thrive does not offer refunds where you insisted on having the Membership services provided in a way that is contrary to our advice, failed to clearly explain your needs to us or simply changed your mind. 

f) Thrive cannot guarantee and does not promise any specific results from the Membership.

g) You will indemnify us against all loss, cost, damage or expense (including our legal costs and associated costs of investigations and enforcement) directly or indirectly related to your breach of these Terms.

Without limiting these Terms, we will not be liable to you for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) resulting from:

a) the use or inability to use the Membership;

b) statements or conduct of any third party or other Member; or

c) Your reliance on the recommendations and suggestions of any other Member.

To the extent that we are liable for anything, our maximum liability to you is capped to the fees paid in the 6 months preceding the liability’s occurrence.

Confidentiality and Privacy

Each party agrees that, unless it has the prior written consent of the other party, it will:

a) keep confidential at all times, the Confidential Information of the other party; and 

b) ensure that any personnel, advisors, employees or contractors to whom Confidential Information is disclosed, are aware of and comply with this clause.

However, the obligations of confidentiality outlined in these Terms do not apply to any disclosure that:

a) is for the purpose of performing the Terms or exercising a party’s right under the Terms;

b) is required by applicable law or by law enforcement agencies; or

c) relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.

For the purposes of this clause, confidential information in relation to a party means information of a confidential nature including information about its business, financial information, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, this may also include: pricing lists or methods, customer or supplier information, financial performance or plans; participation or conduct during coaching or mentoring sessions, participation in any workshops, information relating to concepts, trade secrets, know-how, systems and processes ("Confidential Information").

Privacy

Miscellaneous

You and we agree that we are independent contractors and that the relationship between you and us does not constitute a partnership, joint venture, agency or the relationship of employer and employee. You must not hold yourself out as being entitled to contract, make any representations or otherwise bind us.

You are responsible for compliance with any applicable laws, regulations, standards and/or licences required to provide and or promote your services. We offer no guarantees that the Membership Materials comply with any laws, regulations, standards and/or licence requirements that may apply to the products and/or services you offer.

These Terms (together with our Privacy Policy, online group rules and disclaimers) constitute our entire agreement with you about the subject matter and supersedes all previous agreements, understanding and negotiations, whether oral, written or electronic, in respect to the Website, your use of the Website and the Membership and your use of the Membership.

The formation, construction, performance and enforcement of the Terms will be in accordance with the laws in force in Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

We reserve the right to change these Terms or to modify Membership benefits or entitlements at any time. If these Terms or the Membership benefits or entitlements are changed, we will provide you with the updated version of the Terms. You may choose whether to accept the updated Terms or to terminate your Membership.

Whenever possible, each provision of the Terms will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Terms is held invalid or unenforceable, the remainder of the Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. 

You cannot assign the Terms or otherwise deal with the benefit of it or a right under them without our prior written consent. We may assign or novate the Terms or otherwise deal with the benefit of it or right under them without your consent.