These terms and conditions apply to the use of this Site, including the use of the services offered on this Site. In using this Site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using this Site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Site.
“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act;
“Consumer” is as defined by the ACL;
“Contract” means any contract for the provision of Online Exercise & Nutrition Program by Thrive Together to you;
“Online Content” means the consumer Exercise & Nutrition content, ability to post comments, access various commentaries and writing, access other user generated content, including text, photographs, images, graphics, videos and audio content offered and administered by Thrive Together via the Site;
“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
“Member Information” has the same meaning as in clause 5 of these Site Terms;
“Online Exercise & Nutrition Program” means the online courses on a variety of topics relevant to Thrive Together including the Online Content purchased via the Site;
“Lifetime” means for the duration that the online portal and/or products are available and/or until such time that it is discontinued;
“Thrive Together Women’s Fitness” means Thrive Together;
“Services” means the services provided by Thrive Together which allows you to take part in Online Content;
“Site” means the website www.thrivetogether.com.au
“”Site Terms” means these terms and conditions;
“You” means the person, jointly and severally if more than one, using the Site or acquiring the Services or Online Exercise & Nutrition Program from Thrive Together.
The Thrive Together programs are designed for persons of various fitness levels. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website and App may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website and App:
women who are breastfeeding;
persons with any ongoing physical condition proscribing exercise or physical activity:
persons suffering from cancer or other long term illness;
persons with liver disease, kidney disease, or renal failure;
persons with eating disorders;
persons with diabetes, blood pressure or cholesterol issues;
persons recovering from or recently recovered from illness or injury; and
persons with a low body mass index.
Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.
ONLINE PURCHASES, PAYMENT AND CANCELLATION OF SUBSCRIPTIONS
Where you make a purchase through a Site, you are bound by the terms of sale (waiver, participant agreement, terms of sale, terms of purchase, declaration) in relation to that purchase. Terms are event-specific and are published on the respective Website as well.
Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered.
We use a credit card payment gateway or a similar service for most financial transactions. Member subscription fees are to be made by a once off or reoccurring credit/debit card payment or Stripe or GoCardless payment made in advance in accordance with the product you have chosen. If you have chosen to pay the subscription fee in instalments, you acknowledge that your account will continue to be debited until the amount has been received in full.
We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
All fees are non-refundable except as expressly set out in these terms and conditions. You will not be entitled or granted a refund on any fees paid.
You will continue to have lifetime access to the Product after payment has been received in full subject to cancellation terms and conditions. All fees are non-refundable except as expressly set out in these terms and conditions. You will not be entitled or granted a refund on any fees paid.
Our goods and services (including, but not limited to, the information services provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund in limited circumstances based on shop and item specific terms and conditions. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.
APPLICATION OF SITE TERMS
1. This Site is owned and operated by Thrive Together.
2. Through this Site:
2.1 you can register as a member;
2.2 purchase access to the Online Exercise & Nutrition Program; and
2.3 access the Online Content, subject to being eligible.
3. Thrive Together may amend these Site Terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment becomes effective will constitute your agreement to be bound by these Site Terms, as amended.
4. Thrive Together reserves the right to vary or modify the information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.
MEMBERSHIP AND MEMBER INFORMATION
5. You may be prompted to register for access to this Site and to submit certain information in order to fully utilise the Online Exercise & Nutrition Program provided (Member Information). The Member Information may include, but is not limited to, your name, contact details and credit card details.
6. Upon becoming a member, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on this Site which occur under your login and password.
7. Membership is non-transferable.
8. Thrive Together may terminate your membership at any time by notice to You should the information be misused, mistreated or redistributed.
9. You are responsible for the content of all Member Information entered on this Site. All Member Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Member Information.
10. You must indemnify Thrive Together for any losses, costs, expenses or damages that Thrive Together may suffer or incur if any if the Member Information provided by you is not correct.
SECURITY OF INFORMATION
12. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any Member Information which you transmit to us. Accordingly, any Member Information which you transmit to us is transmitted at your own risk.
13. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such Member Information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk.
14. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this Site.
LINKS TO OTHER SITES
15. You may be able, through hypertext or other computer links, to gain access to other sites operated either by Thrive Together, its affiliates or other third parties (Linked Sites) from time to time. Unless otherwise specified, the Linked Sites are not under Thrive Together’s control. The Linked Sites may have different terms and conditions and privacy requirements. Unless otherwise specified, Thrive Together is not responsible for the content of any Linked Sites, or any changes or updates to such sites. Thrive Together provides these links for your convenience only. You link to any such Linked Sites at your own risk. Thrive Together is not a party to any transaction between you and a Linked Site. Unless specified, Thrive Together does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.
DISCLAIMER (USE OF THE SITE)
16. Thrive Together does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site (Information) or that it is suitable for your intended use. The Information is provided by Thrive Together in good faith on an “as is” basis without warranty of any kind.
17. Thrive Together does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.
18. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.
19. Thrive Together makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.
20. Thrive Together recommends that you consult with a medical practitioner or other provider if you have concerns in relation to the Information.
LIMITATION OF LIABILITY (USE OF THE SITE)
21. Thrive Together will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site. Under no circumstances will Thrive Together be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of this Site results in the need for servicing or replacing of equipment, Thrive Together will not be liable for those costs.
22. Where liability cannot be excluded, any liability incurred by Thrive Together is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.
THIRD PARTY MATERIAL
23. Certain Information may include material from third parties.
24. You agree that Thrive Together is not responsible for examining or evaluating the content or accuracy of the third party material and Thrive Together does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
25. You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that Thrive Together is not in any way responsible for any such use by you.
INTELLECTUAL PROPERTY (SITE)
26. © Thrive Together. All rights reserved.
27. You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of Thrive Together or third party suppliers as the case may be.
29. All trade marks and trade names which appear on this Site are proprietary to Thrive Together and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.
30. The publication of Thrive Together’s email addresses on this Site is to facilitate communications relating to the Online Exercise & Nutrition Program and Services supplied by Thrive Together. It must not be inferred as consent by Thrive Together to receive unsolicited commercial electronic messages.
31. From time to time, you may be able to post reviews and/or comments regarding the features of this Site or the Online Exercise & Nutrition Program (Member Submissions). You irrevocably grant to Thrive Together a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of Thrive Together all moral rights in any jurisdiction.
32. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify Thrive Together for any losses, costs, expenses or damages that Thrive Together may suffer or incur as a result.
33. Thrive Together reserves the right, but not the obligation, to review, edit or delete any Member Submissions that Thrive Together deems to be illegal, offensive or otherwise inappropriate.
BASIS OF CONTRACT AND ORDERING ONLINE EXERCISE & NUTRITION PROGRAM
34. From time to time, Thrive Together will offer Online Exercise & Nutrition Program for sale.
35. These Site Terms apply exclusively to every Contract.
36. Any quotation, displayed price, order list or order confirmation provided by Thrive Together to you for the proposed supply of Online Exercise & Nutrition Program is an invitation to treat only, and is subject to you placing an order which is your offer to enter into a Contract with Thrive Together on these Site Terms.
37. A Contract is formed when Thrive Together confirms acceptance of your order and receipt of your payment.
38. You must not purchase the Online Exercise & Nutrition Program for the purpose of re-supply.
39. Thrive Together in its absolute discretion may refuse to accept any order from you.
PRICING AND PAYMENT FOR ONLINE EXERCISE & NUTRITION PROGRAM
40. You agree to pay for Online Exercise & Nutrition Program in the manner specified in these Terms and on the Site.
41. Prices displayed for the supply of Online Exercise & Nutrition Program include GST, and any other taxes or duties imposed on or in relation to the Online Exercise & Nutrition Program.
42. Subject to clause 43, payment for the Online Exercise & Nutrition Program must be made by credit card immediately prior to confirmation of your order. You will not be able to access the Online Exercise & Nutrition Program until payment is received.
43. You may have access to the Site as a returning customer and will be logged in as a member under your login and password to purchase the Online Exercise & Nutrition Program.
DELIVERY OF ONLINE EXERCISE & NUTRITION PROGRAM
44. Thrive Together will make the Online Exercise & Nutrition Program available for access from the Site.
45. Any period or date for the access of the Online Exercise & Nutrition Program stated by Thrive Together is an estimate only and not a contractual commitment.
46. Thrive Together will use its reasonable endeavours to meet any estimated dates for access to the Online Exercise & Nutrition Program but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.
47. You must advise Thrive Together in writing within 72 hours after been advised that the Online Exercise & Nutrition Program is available for access from the Site:
47.1 of the inability of the Online Exercise & Nutrition Program to be accessed;
47.2 if there is damage to the Online Exercise & Nutrition Program; or
47.3 that the wrong Online Exercise & Nutrition Program has been received.
CANCELLATIONS AND REFUNDS
48. If Thrive Together is unable to deliver or provide the Online Exercise & Nutrition Program, then it may cancel your order (even if it has been accepted) by notice to you. In such circumstances, Thrive Together will refund to you the purchase price.
49. No purported cancellation or suspension of an order or any part of it by you is binding on Thrive Together once the order has been accepted and payment confirmed.
50. You are legally entitled to a refund (or replacement, exchange or credit note) in limited circumstances. Please retain your online payment confirmation or credit card statement as proof of purchase for these situations.
51. Thrive Together will not otherwise provide any refunds so choose carefully.
TERMINATION OF ACCESS
52. Access to this Site may be terminated at any time by us without notice. Our disclaimer in clauses 16 through 20 inclusive will nevertheless survive any such termination.
USE OF ONLINE EXERCISE & NUTRITION PROGRAM
53. You acknowledge and agree that all Online Exercise & Nutrition Program is protected by copyright or other intellectual property rights and laws and remain the property of Thrive Together or third party suppliers as the case may be.
54. Other than as required to use the Online Exercise & Nutrition Program for your personal enjoyment and improvement, you may not and may not authorise any third person to:
(a) copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Online Exercise & Nutrition Program;
(b) modify or make any alterations, additions or amendments to any part of the Online Exercise & Nutrition Program;
(c) create derivative works from, any content, information, software, Online Exercise & Nutrition Program;
(d) convert the Online Exercise & Nutrition Program into an electronic format other than the one in which it was supplied;
(e) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Online Exercise & Nutrition Program or reproduce all or any portion of the said components;
(f) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.
55. Regardless of whether the Online Exercise & Nutrition Program includes security technology that limits your use of the Online Exercise & Nutrition Program, you must comply with these provisions or you may infringe copyright.
DISCLAIMER (USE OF THE ONLINE EXERCISE & NUTRITION PROGRAM)
56. Thrive Together does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the Online Exercise & Nutrition Program or that they are suitable for your intended use. The use of the Online Exercise & Nutrition Program is at your own risk.
57. Thrive Together does not warrant or represent that the Online Exercise & Nutrition Program are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
58. Online Exercise & Nutrition Program may include material from third party authors or suppliers.
59. You agree that Thrive Together is not responsible for examining or evaluating the content or accuracy of the third party material and Thrive Together does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
60. Thrive Together, its authors or its suppliers may make changes to Online Exercise & Nutrition Program at any time in their sole discretion without notice or liability.
61. Thrive Together reserves the right to suspend, remove, or disable access to Online Exercise & Nutrition Program at any time without notice or liability.
LIABILITY (ONLINE EXERCISE & NUTRITION PROGRAM AND SERVICE)
62. Except as the Site Terms or Exam Terms specifically state, or as contained in any express warranty provided in relation to the Online Exercise & Nutrition Program or Services, the agreement between you and Thrive Together does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Online Exercise & Nutrition Program or the Services or any contractual remedy for their failure.
63. If you are a consumer, nothing in the Site Terms restricts limits or modifies your rights or remedies against Thrive Together for failure of a statutory guarantee under the ACL.
64. Nothing in the Site Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
65. You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Thrive Together in relation to the Online Exercise & Nutrition Program or the Services or their use or application.
66. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of New South Wales. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
67. Thrive Together’s failure to enforce any of these Site Terms shall not be construed as a waiver of any of Thrive Together’s rights.
68. If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Site Terms without affecting the enforceability of the remaining terms.
69. A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.
TO RETURN TO THE SITE
70. To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above Site Terms.