Select Page

GENERAL TERMS OF USE
1. Introduction
These terms of use (Terms) outline how to use our website, Services we provide (Services), the materials contained within it and produced for you, including documents, text, images, videos, audio, scripts, software and any other information capable of being stored on a computer (Materials).  In these terms of use, we, us, our and THRIIVE TRIBE means: Thriive Digital Pty Ltd ABN 77 604 692 284.

2. Consent to terms
If you access our website, use any of our Services or download any of our Materials, you are taken to have agreed to these Terms and our privacy policy.
All of our Terms and policies can be found on our website; please read these Terms and policies carefully and if you do not agree, you should cease using our website, Services and Materials immediately.

3. Licence to use Video Content
We grant you a non-exclusive, revocable and non-transferable licence to use any Material we produce as part of the Service in accordance with these Terms.

4. Pricing
When you purchase a THRIIVE TRIBE Membership subscription or One-Off service, you agree to pay the price stated at the time of your order. All prices are in Australian Dollars (AUD) and are inclusive of GST. THRIIVE TRIBE reserves the right to change the prices and fees at any time. We will provide you with 30 days’ notice if the regular rate of a Membership Subscription changes from what was stated at the time of your order. Price changes will take effect from your next renewal date after the notice period. If you do not wish to continue your Membership Subscription you may cancel, subject to the Cancellation and Post Termination obligations contained within these Terms.
From time to time, we may offer discounts on pricing to members.  Any discounts are at the sole discretion of THRIIVE TRIBE.  We reserve the right to cancel or change discounts at any time for future purchases.  Discounts may be subject to special conditions and you should ensure that you read any conditions prior to purchase.

5. Tax
The Pricing and all other amounts payable by you to THRIIVE TRIBE pursuant to these Terms are inclusive of all taxes, duties and imposts. If you are located within Australia, unless stated otherwise, the Fees and all other amounts in this agreement are expressed inclusive of GST. A valid tax invoice will be issued.  Terms used in this (including “supply”, “consideration” and “tax invoice”) have the same meaning as defined in the GST law.

6. Privacy
You agree that your name, email address, company name, address and phone number will be collected and stored by THRIIVE TRIBE and used for the purpose of managing your membership, communicating with you about your membership or purpose and to notify you of any associated customer offers or benefits or future Materials, unless otherwise notified by you. Information on how we collect and handle your personal information is explained in our Privacy Policy.

7. Content modification
THRIIVE TRIBE reserves the right to modify the content, inclusions, third-party suppliers, type and availability of Services and Materials at any time. In the event THRIIVE TRIBE changes the Membership Subscription packages, your subscription will not change during the term of your Membership and then you will be given 30 days notification prior to when your
membership is due for renewal. Your package change will automatically take place from your next renewal date or as notified by THRIIVE TRIBE.

8. Prohibited activity
When using our website, Services and Materials, we expect a standard of behaviour; you must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our website or Materials, anything which we would consider inappropriate or which might bring us, our website, Services or our Materials into disrepute.

This includes:

  • Anything that would be a breach of another person’s privacy (including if you upload personal information about an individual without their consent) or any other legal rights;
  • Anything that would breach our intellectual property rights or those of another person or organisation;
  • Using our website, Services or Materials to defame, harass, threaten, menace or offend any person;
  • Interfering with anyone using our website, Services or Materials;
  • Tampering with or modifying our website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our website or Materials, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our website;
  • Using our website, Services or Materials to compete with our business in any way; or
  • Facilitating or assisting a third party to do any of the above acts.

9. Intellectual Property
Unless indicated otherwise, we own or licence all rights, title and interest (including intellectual property rights) in our website and all of our Materials. Your use of our website and your use of and access to any of our Content does not grant or transfer to you any rights, title or interest in relation to our website, Service or Material.
You must not use the Materials to reproduce, re-sell, rent, lease, distribute, or exploit, or offer products or services similar to ours or for any purpose other than to use yourself or within the business who purchased access to the Materials. You may amend the Materials in order to tailor them to your circumstances. All other use, copying or reproduction is prohibited.
THRIIVE TRIBE shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual licence to use any Materials THRIIVE TRIBE creates for you as part of the Service.

10. Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our website, Services or Materials, including that:

  • They are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  • Access will be uninterrupted, error-free or free from viruses; or
  • Our website will be secure.
  • You read, use and act on our website, Services and Materials at your own risk.

11. Liability
To the full extent permitted by law, you exclude all liability to THRIIVE TRIBE under or in connection with this agreement in contract, tort (including negligence), statute or otherwise for loss of profit, data, goodwill or business, for any interruption to business, for any failure to realise anticipated savings or for any consequential, indirect, special, punitive or incidental
damages.
Certain legislation, including the Australian Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent.  This agreement must be read subject to those statutory provisions.  If those statutory provisions apply, notwithstanding any other provision of this
agreement, to the extent to which THRIIVE TRIBE is entitled to do so, THRIIVE TRIBE limits its liability in respect of any claim to the supply of the services again or the amount paid by you for the services.

12. Indemnity
To the maximum amount permitted by law, you indemnify us (including our officers, personnel and related bodies corporate) and hold us harmless, against any loss, damage or expense, however it arises, whether directly or indirectly and/or whether present or future suffered by you or a third party, arising from or in connection with your use of our website, Services and/or Materials and/or any inaccessibility of, interruption to or outage of our website and/or any corruption of data and/or the fact that the content is incorrect, incomplete or out-of-date.

13. Transfer
We may transfer (assign) our obligations and rights under these Terms to a third party (for example if we sold our business). Our rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms.

14. Changes and Severability
We may alter these Terms at any time. Any such changes will become binding upon your first use of our website, Services or Materials after the changes have been implemented.

If you are in a current term of your subscription service, any changes to these Terms that affect your subscription will become binding on the renewal date. You will be presented with new
Terms when they change. If any of the provisions of these Terms are found to be unlawful, invalid or otherwise
unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.

15. Communication
If you have an Account, we may from time to time send you notices by email or SMS. Such notices may relate to matters including, but not limited to, service changes, changes to the Terms, changes to the website, Services or Materials as well as new products, services, third party offers and upcoming events or training courses.

16. Jurisdiction
These Terms shall be governed by and construed in accordance with the laws and courts of the state of Queensland, Australia.

PART B – TERMS APPLICABLE TO MEMBERSHIP SUBSCRIPTIONS
1. About Membership Subscriptions
A Membership Subscription provides you with unlimited access to the website and Membership Package Services and Materials (relevant to your membership type) online. In order to access the Materials, you will be required to create an account with a username and password (“Account”). You may permit your personnel to use your Account, provided that
such personnel are using the Materials on behalf of you or the business that purchased the Subscription.  You shall remain responsible for the use of your account and ensuring compliance to all applicable Terms of Use.
If any misuse of your Account is detected or suspected by THRIIVE TRIBE, your Membership may be suspended or terminated, and you will not be eligible for a refund.

2. Initial and Renewal Terms
The minimum contract term for a Membership Subscription is twelve (12) months (“Initial Term”). You may choose to pay in monthly instalments or as an annual lump sum, which may be discounted.  Your Membership Subscription Initial Term begins as soon as your first payment is processed.
Your Membership Subscription will renew automatically on the first anniversary of your Initial Term, for another twelve (12) months. You will be notified 30 days’ prior to the renewal date and have the opportunity to cancel at that time. Upon receipt of the first monthly fee by THRIIVE TRIBE after your renewal date, your new Membership Subscription will be
deemed to have started (“Renewal Term”). Please see below on cancelling during your Renewal Term.

THRIIVE TRIBE will notify you via email to the email address associated with your Account, if an automated direct monthly payment is not received and the actions required to ensure continuation of your Membership Subscription.

3. Your obligations
It is your responsibility to ensure that there are sufficient clear funds available to allow a debit payment to be made on the monthly debit date. It is your responsibility to check your account statements to verify that the amounts debited
from your account are correct and notify THRIIVE TRIBE if you believe you are being billed incorrectly.
THRIIVE TRIBE will not refund past subscription payments if you have failed to contact us to report unexpected or incorrect payments on your account within three months of those payments being made.
If you are experiencing any technical issues accessing your subscription, it is your responsibility to contact THRIIVE TRIBE via accounts@thriivetribe.com to receive assistance.

4. Cancellations
During the Initial Term, you may cancel your Membership Subscription, provided that all fees for the Initial Term are paid in full.
During the Renewal Term, you can cancel your Membership Subscription, providing 60 days’ notice.
When cancelling your Membership Subscription, you cancel only future charges in the Renewal Term. Membership Subscription fees for the Initial Term are non-refundable. Cancellation notices should be emailed to accounts@thriivetribe.com with the subject line of email clearly stating it is a cancellation notice.  The email body should contain when you wish to cancel and Account details including username and email address, to ensure that
THRIIVE TRIBE can accurately identify your account and process the cancellation. Opting out of receiving newsletters or any other email communication otherwise related to your subscription does not constitute the cancellation of your Membership Subscription.

5. Post Termination Obligations
If the Membership Subscription is terminated at any time, for any reason, the licence to use the Membership section of the website and the Services ceases. Materials such as videos that have been produced for you, retain a perpetual license for you to use the Material as it has been provided by THRIIVE TRIBE.
Right to suspend or terminate THRIIVE TRIBE reserves the right to suspend or terminate a Membership Subscription, if you do not pay the fees or are in breach of any Terms of this agreement.

PART C – TERMS APPLICABLE TO SOFTWARE SUBSCRIPTIONS
1. About Software Subscriptions
A Software Subscription provides you with access to the website or software platform online. In order to access the Software, an account will be created, and you will be provided with a username and password (“Account”). You may permit your personnel to use your Account, provided that such personnel are using the Account on behalf of you or the business that purchased the Subscription.  You shall remain responsible for the use of your Account and ensuring compliance to all applicable Terms of Use, including the terms of use and end user agreements for software supplied by third-parties, who have licensed the Software to THRIIVE TRIBE.
If any misuse of your Account is detected or suspected by THRIIVE TRIBE or the third- party suppliers, your Subscription may be suspended or terminated, and you will not be eligible for a refund.

2. Software Subscription Terms
Unless otherwise arranged with the Software third-party supplier, Software is a monthly subscription, automatically renewed each month payable by debit payment, until the software service is disconnected by either Party, by giving thirty (30) days’ notice to the other Party.
THRIIVE TRIBE will notify you via email to the email address associated with your Account, if automated direct monthly payment is not received and the actions required to ensure continuation of your Software Subscription.

3. Payment
Software is a monthly subscription, automatically renewed each month payable by debit payment, until the software service is disconnected by either Party, by giving thirty (30) days’ notice to the other Party.

4. Your obligations
It is your responsibility to ensure that there are sufficient clear funds available to allow a debit payment to be made on the monthly debit date.
It is your responsibility to check your account statements to verify that the amounts debited from your account are correct and notify THRIIVE TRIBE if you believe you are being billed incorrectly.
THRIIVE TRIBE will not refund past subscription payments if you have failed to contact us to report unexpected or incorrect payments on your account within three months of those payments being made.
If you are experiencing any technical issues accessing your subscription, it is your responsibility to contact THRIIVE TRIBE via accounts@thriivetribe.com to receive assistance.

5. Cancellations

When cancelling your Software Subscription, you must provide thirty (30) days’ written notice. Cancellation notices should be emailed to accounts@thriivetribe.com with the subject line of email clearly stating it is a cancellation notice for the Software Subscription.  The email body should contain when you wish to cancel and Account details including username and email address, to ensure that THRIIVE TRIBE can accurately identify your account and process the cancellation.
It is your responsibility to download and file any reports or data contained within the Software that is required for your company records, prior to your Account being disconnected or cancelled.
Opting out of receiving newsletters or any other email communication otherwise related to your subscription does not constitute the cancellation of your Software Subscription.

6. Right to suspend or terminate
THRIIVE TRIBE reserves the right to suspend or terminate a Software Subscription, if you do not pay the fees or are in breach of any Terms of this agreement.