Terms & Conditions
- This website is owned and operated by Thrive365 Pty Ltd ABN 84622661723 (Thrive365, we or us).
- This document sets out the Terms and Conditions “Terms” on which you may use, download, or link to the Thrive365 website and use any content made available to you on the Thrive365 website (Thrive365 Website).
- By accessing and using the Thrive365 Website, you will be treated as having accepted the Terms. The Terms constitute a legally binding agreement between you and Thrive365.
- You warrant to us that you have the authority to enter into these Terms.
Changes to the terms
- We may change these Terms from time to time.
- If you continue to use the Thrive365 Website following a change to the Terms, you will be treated as having accepted that change.
Personal information and privacy
- In order to use parts of the Thrive365 Website, we may require you to provide us with personal information, such as your name and email address. If you do not provide us with this information, you may not be able to use the website and/or may not be able to access all of the functionality comprised in the website.
- Any personal information you provide to us will be handled in accordance with the Thrive365 Privacy Policy which is available on our website. Your information may be used for purpose for which it is collected (as communicated to you at the time of collection) and for the other permitted purposes set out in our Privacy Policy.
Information available on the Thrive365 website
- Thrive365 Website provides general information about Thrive365’s services, products, resources and activities. If you would like to discuss how Thrive365 can support you or a family member, please contact us to discuss your specific circumstances.
- Please note that the information on the Thrive365 Website is generic only. It does not take into account the circumstances, physical wellbeing, mental status or medical requirements of a particular person which are relevant to the correct diagnosis and treatment of any problem, condition, disease, injury, ailment or disorder. The information provided is not diagnostic or prescriptive. If you are seeking diagnostic or therapeutic advice specific to you or a family member, you should contact a suitably qualified professional.
- Any products and services offered on the Thrive365 Website and all prices displayed are subject to change without notice.
Links to other websites
- The Thrive365 Website may include links to third party websites. While we only link to sites we believe offer credible information, we cannot guarantee this information is correct, up-to-date or evidence-based.
- We are not responsible for the contents of any linked website, or any link contained in a linked website, or any changes or updates to such websites.
- These links are provided for convenience of reference only and are not intended as an endorsement by Thrive365 of the organisation or individual operating the website.
Sites linking to the Thrive365 website
- Thrive365 encourages links to its website(s), subject to the following criteria:
- The appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the good reputation of Thrive365.
- The appearance, position and other aspects of either the link or the host website may not create the false appearance that Thrive365 is associated with or sponsors the host website.
- Thrive365 reserves the right to revoke its consent to the link at any time and is not responsible for information or materials contained on the host website.
Use of Thrive365 website
- The contents of the Thrive365 Website are subject to copyright under the laws of Australia and, through international treaties, other countries. The copyright in materials on this site and in the Thrive365 Website as a whole is owned by Thrive365. The copyright in some materials incorporated within this Website is owned by third parties and used under licence by Thrive365.
- You may view the Thrive365 Website and its contents using your web browser and save an electronic copy, or print out a copy, of parts of the website solely for your own information, research or education, but only if you (a) do not modify the copy from how it appears the Thrive365 Website, and (b) include the copyright notice “Copyright of Thrive365 Pty Ltd” on the copy.
- You must not otherwise exercise the copyright in the whole or any part of the Thrive365 Website for any other purpose except as expressly permitted by statute or with Thrive365’s prior consent.
- You must use the Thrive365 Website in a responsible manner, and in compliance with all relevant laws, regulations, standards or codes.
You must not:
- use the Thrive365 Website to send, post, transmit or communicate any information or material that is unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a breach of any law;
- knowingly transmit any virus, worm, trojan horse or other disabling feature to or via the Thrive365 Website.
- use the Thrive365 Website to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth).
- use the Thrive365 Website other than for its intended purpose and in accordance with its intended operation. In particular, you must not tamper with, modify, amend, disable, manipulate, reverse engineer, decompile, distort or enhance all or any part of the Thrive365 Website; o
- attempt to do, or permit another person to do, any of the above acts.
- We may review, edit or delete any information or material you or others send or communicate using the Thrive365 Website, but are not obliged to do so.
Access to the Thrive365 website
- We may withdraw, disable (temporarily or permanently), suspend or terminate access to, modify or vary the Thrive365 Website at any time, without notice to you, including if technical problems, irregularities or misuse occurs.
No warranties or representations
- The Thrive365 Website is made available “as is”. As such, we do not give any warranties or make any representation in relation to any part of the Thrive365 Website. In particular, we do not warrant or represent that the Thrive365 Website is free from defects, or that it will be available at any time for your install, download, link to or use, or that it will be compatible with other applications, programs, hardware or services (such as your mobile device, or your PC).
- We also expressly exclude from these Terms (to the extent permitted by law) all warranties or conditions which may otherwise be implied by law, custom or conduct (Implied Terms).
- If any Implied Terms cannot be excluded but our liability for a breach of such terms can be limited, we limit our liability to you to (at our sole election) re-supplying the relevant part of the Thrive365 Website, or the cost of re-supply.
Your liability to us
- You indemnify us, our related bodies corporate, and each of our directors, officers, employees and other representatives, from any loss, damage, costs or expenses (including legal expenses on a full indemnity basis) we or they suffer or incur as a result of any breach of these Terms by you or your representatives, including any use of the Thrive365 Website which is not in accordance with these Terms.
Our liability to you
- We do not accept liability for any loss or damage you suffer as a result of using the Thrive365 Website or any part of it, except to the extent that we are required by law to do so, such as State or Territory fair trading legislation and the Australian Consumer Law.
- In particular, except to the extent required by law, we do not accept, and specifically exclude, liability for any business losses, or losses of data or profits, or any other direct, indirect or consequential loss or damage, which you may suffer in connection with our supply, non-supply or defective supply of the Thrive365 Website (or any part of it) or in connection with your use of Thrive365 Website (or any part of it).
General
- If any of the Terms are invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.
- The Terms are legally binding and are governed by Victorian law. The Victorian courts (and the courts of appeal from them) have non-exclusive jurisdiction to resolve any disputes arising under or in connection with the Terms.