These terms and conditions apply to the use of this Site, including the use of the services offered on and/or by this Site. In using this Site, attending the online workshops offered and joining the online groups, 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.
“THRIVE” means the 6 week Thrive program offered as an entirely online program by Vicky Kuriel and Shaun Resnik
“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 an online Nutrition and mindset Program by the operators of THRIVE to you;
“Online Content” means the consumer Nutrition and mindset 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 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;
“Participant Information” has the same meaning as in clause 5 of these Site Terms;
“Thrive” means the online courses on a variety of topics relevant to the challenge including the Online Content purchased via the Site;
“Services” means the services provided by Thrive which allows you to take part in Online Content;
”Site Terms” means these terms and conditions; and
“You” means the person, jointly and severally if more than one, using the Site or acquiring the Services or Online Program from Thrive.
Payment is required at the time of signing up to the LCC. This is a once off payment. No further payments will be required. The Thrive program will begin on the date specified on the sign up page. Your access to the 6 week challenge will begin immediately upon pressing the submit button and payment being successfully processed. If payment is not successfully processed you will not be admitted into the program.
You will be given the option to pay via two equal monthly instalments. The first instalment will be due at the time of signing up The second instalment will be due exactly one month later. It is your responsibility to ensure funds are available for both payments. Should your payment not be successful you will not be admitted into the program or any further participation in the program.
Your payment is non-refundable and non-transferable.
Your commencement date cannot be delayed once payment has been accepted.
APPLICATION OF SITE TERMS
1. This program is owned and operated by Calzados Pty Ltd and Shaun Resnik
2. Through this Program:
2.1 you can register as a participant;
2.2 purchase access to the Online Program; and
2.3 access the Online Content, subject to being eligible.
3. Thrive 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 reserves the right to vary or modify the information contained on this Site and within the challenge, to change or discontinue any feature or part of this Site or the challenge, to change the hours of availability and the equipment required to obtain access to this Site and the challenge, without notice and without liability.
5. You may be prompted to register for access to the program and to submit certain information in order to fully utilise and gain access to the Online Program provided. This Information may include, but is not limited to, your name, contact details and credit card details.
6. Participation is non-transferable.
7. You must indemnify Thrive for any losses, costs, expenses or damages that Thrive may suffer or incur if any if the participant Information provided by you is not correct.
SECURITY OF INFORMATION
9. 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 participant Information which you transmit to us. Accordingly, any participant Information which you transmit to us is transmitted at your own risk.
10. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such participant Information.
LINKS TO OTHER SITES
11. You may be able, through hypertext or other computer links, to gain access to other sites operated either by Calzados P/L, its affiliates or other third parties (Linked Sites) from time to time. Unless otherwise specified, the Linked Sites are not under Thrive control. The Linked Sites may have different terms and conditions and privacy requirements. Unless otherwise specified, Thrive is not responsible for the content of any Linked Sites, or any changes or updates to such sites. Thrive provides these links for your convenience only. You link to any such Linked Sites at your own risk. Thrive is not a party to any transaction between you and a Linked Site. Unless specified, Thrive does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.
DISCLAIMER (USE OF THE SITE)
12. Thrive 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 in good faith on an “as is” basis without warranty of any kind.
13. Thrive 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.
14. 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.
15. Thrive 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.
16. Thrive 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)
17. Thrive 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 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 will not be liable for those costs.
18. Where liability cannot be excluded, any liability incurred by Thrive 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
19. Certain Information may include material from third parties.
20. You agree that Thrive is not responsible for examining or evaluating the content or accuracy of the third party material and Thrive does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
21. 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 is not in any way responsible for any such use by you.
INTELLECTUAL PROPERTY (SITE)
22. © Thrive Calzados Pty Ltd and Shaun Resnik. All rights reserved.
23. 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 or third party suppliers as the case may be.
25. All trade marks and trade names which appear on this Site are proprietary to Thrive 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.
26. The publication of Thrive’s email addresses on this Site is to facilitate communications relating to the Online Program and Services supplied by Thrive. It must not be inferred as consent by Thrive to receive unsolicited commercial electronic messages.
27. From time to time, you may be able to post reviews and/or comments regarding the features of this Site or the Online Program (Participant Submissions). You irrevocably grant to Thrive 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 all moral rights in any jurisdiction.
28. 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 for any losses, costs, expenses or damages that Thrive may suffer or incur as a result.
29. Thrive reserves the right, but not the obligation, to review, edit or delete any Participant Submissions that Thrive deems to be illegal, offensive or otherwise inappropriate.
BASIS OF CONTRACT AND ORDERING ONLINE NUTRITION PROGRAM
30. From time to time, Thrive will offer Online Program for sale.
31. These Site Terms apply exclusively to every Contract.
32. Any quotation, displayed price, order list or order confirmation provided by Thrive to you for the proposed supply of Online Mindset & 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 on these Site Terms.
33. A Contract is formed when Thrive confirms acceptance of your order and receipt of your payment.
34. You must not purchase the Online Program for the purpose of re-supply.
35. Thrive in its absolute discretion may refuse to accept any order from you.
PRICING AND PAYMENT FOR ONLINE NUTRITION PROGRAM
36. You agree to pay for Online Program in the manner specified in these Terms and on the Site.
37. Prices displayed for the supply of Online Nutrition Program include GST, and any other taxes or duties imposed on or in relation to the Online Program.
38. Payment for the Online Program must be made by credit card immediately prior to confirmation of your order. You will not be able to access the Online Program until payment is received.
DELIVERY OF ONLINE NUTRITION PROGRAM
39. Thrive will make the Online Program available for access via email links and on this site and via zoom.
40. Any period or date for the access of the Online Program stated by Thrive is an estimate only and not a contractual commitment.
41. Thrive will use its reasonable endeavours to meet any estimated dates for access to the Online 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.
42. You must advise Thrive in writing within 72 hours after been advised that the Online Program is available for access from the Site:
42.1 of the inability of the Online Program to be accessed;
42.2 if there is damage to the Online Program; or
42.3 that the wrong Online Program has been received.
CANCELLATIONS AND REFUNDS
43. If Thrive is unable to deliver or provide the Online Program, then it may cancel your order (even if it has been accepted) by notice to you. In such circumstances, Thrive will refund to you the purchase price.
44. No purported cancellation or suspension of an order or any part of it by you is binding on thrive once the order has been accepted and payment confirmed.
45. 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.
46. Thrive will not otherwise provide any refunds so choose carefully.
TERMINATION OF ACCESS
47. Access to this Site may be terminated at any time by us without notice. Our disclaimer in clauses 12 through 16 inclusive will nevertheless survive any such termination.
USE OF ONLINE NUTRITION PROGRAM
48. You acknowledge and agree that all Online Program is protected by copyright or other intellectual property rights and laws and remain the property of Thrive or third party suppliers as the case may be.
49. Other than as required to use the Online 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 Program;
(b) modify or make any alterations, additions or amendments to any part of the Online Program;
(c) create derivative works from, any content, information, software, Online Program;
(d) convert the Online 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 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.
50. Regardless of whether the Online Program includes security technology that limits your use of the Online Program, you must comply with these provisions or you may infringe copyright.
DISCLAIMER (USE OF THE ONLINE PROGRAM)
51. Thrive does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the Online Nutrition Program or that they are suitable for your intended use. The use of the Online Program is at your own risk.
52. Thrive does not warrant or represent that the Online Program are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
53. Online Program may include material from third party authors or suppliers.
54. You agree that Thrive is not responsible for examining or evaluating the content or accuracy of the third party material and Thrive does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
55. Thrive, its authors or its suppliers may make changes to Online Program at any time in their sole discretion without notice or liability.
56. Thrive reserves the right to suspend, remove, or disable access to Online Program at any time without notice or liability.
LIABILITY (ONLINE PROGRAM AND SERVICE)
57. Except as the Site Terms or Exam Terms specifically state, or as contained in any express warranty provided in relation to the Online Program or Services, the agreement between you and Thrive 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 Nutrition Program or the Services or any contractual remedy for their failure.
58. If you are a consumer, nothing in the Site Terms restricts limits or modifies your rights or remedies against Thrive for failure of a statutory guarantee under the ACL.
59. 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.
60. 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 in relation to the Online Program or the Services or their use or application.
61. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
62. Thrive’s failure to enforce any of these Site Terms shall not be construed as a waiver of any of Thrive’s rights.
63. 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.
64. 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
65. To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above Site Terms.