Thrive360. (“we”, “us”, or “our”), located at 15-850 2 St SW, Calgary Alberta T2P 0R8, has developed and owns certain financial literacy education programs that we make available for purchase at https://ithrive360.ca (the “Services”).
In connection with the use of our Services, you (“you”) agree to the terms of service and conditions contained in this document and applicable to the Services (collectively, the “Terms of Service”). You accept the Terms of Service by electronically selecting and completing purchase of the Service(s) you wish to purchase from us on the service selection page on our website, which states that the Services are subject to these Terms of Service. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE, AND AGREE TO BE BOUND BY THEM. IF, AFTER READING THESE TERMS OF SERVICE, YOU DO NOT ACCEPT OR AGREE TO THE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SERVICES AND CONTACT US IMMEDIATELY TO CANCEL THE SERVICES.
Service Terms
Following selection of the Services you wish to purchase from us, and completion of payment for those Services, via the service selection page on our website we will provide the Services (inclusive of all components described for the applicable Services on the service selection page) to you in accordance with the Terms of Service.
- Right to Use the Services. Following payment for the Services, we grant you a non-transferable, non-sublicensable, non-exclusive, and revocable right to access and use the Service(s) you have purchased from us during the applicable Service Term, referenced in Section 1.6.
- Ownership of Services. We own and retain all right, title and interest in and to the Services and any copies, modifications, or new versions of the Services, all of which are subject to all of the provisions of the Terms of Service. No rights are granted to you other than as explicitly stated in the Terms of Service.
- Account In order to access and use the Services, you will be required to set up an account with us to enable your access to the Services via the Thrive360 Wellness Portal. During set up of your account, you will be asked to provide personal information in order to create your account. You will ensure that all information is accurate and complete and remains current throughout the applicable Service Term, and agree to be responsible for keeping all account credentials (including passwords) secure and responsible for all activity in your account and/or information created, collected, transmitted, stored, used or processed in your account. We will not be liable for any loss or damage arising from a failure by you to maintain the accuracy or security of your account credentials or information.
- Restrictions on Use You will not (and will not allow any third party to): (a) copy the Services or any part of the Services; (b) knowingly interfere with service to any of our users, our host, or our network; (c) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services; (d) remove any proprietary notices, labels, or marks from the Services; (e) create any “links” to or “frame” or “mirror” the Services or any portion thereof; or (f) use the Services to create, collect, transmit, store, use or process any personal information that you do not have the lawful right to create, collect, transmit, store, use or process.
- Term: The Services (and the Terms of Service) begin on the date of purchase of the Services, and continue for the Service Term applicable to those Services, as indicated on the service selection page on our website, unless terminated earlier as permitted by these Terms of Service. You or we may terminate these Terms of Service if the other party defaults and fails to remedy the default within 30 days of receiving written notice. In this event, termination is immediate at the end of that 30 day period.
- Fees. You agree to pay the fees applicable to the Services that you have opted to purchase from us, as stated on the service selection page on our website. Payment will be transacted as indicated on the service selection page, and you agree to provide accurate and complete payment information to ensure completion of the payment transaction.
- Your Information and Confidentiality: You own all right, title, and interest in and to your information. You authorize us to use your information as may be required to provide the Services to you. We will keep your information confidential and use it only in accordance with our Privacy Policy and applicable law. Refer to our Privacy Policy at [insert link].
General Terms
- 2.1 Representations and Acknowledgements: (a) You represent that you meet the stated qualifications applicable the Services that you opt to purchase on the service selection page on our website, and acknowledge that we may terminate the Services in the event that do not meet these qualifications. (b) You acknowledge that we make no guarantees regarding specific outcomes from the Services (subject only to any guarantee that may be applicable to the Service you have purchased, as explicitly stated on the service selection page). (c) You acknowledge that the Services may contain links to third party websites that are not owned or controlled by us, and we have not reviewed nor do we endorse these third-party websites. (d) You acknowledge that abusive behavior towards our staff may result in immediate termination of the Services. (e) You acknowledge that fees paid prior to termination are non-refundable. (f) You acknowledge that the Services may include credit report repair where indicated, but focus on financial literacy and credit rebuilding.
- 2.2 Warranty Disclaimer. SUBJECT TO ANY EXPRESS GUARANTEE STATED WITH RESPECT TO A SERVICE ON THE SERVICE SELECTION PAGE ON OUR WEBSITE, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND THERE ARE NO CONDITIONS, ENDORSEMENTS, UNDERTAKINGS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, RESULTS, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) AS TO, ARISING OUT OF, OR RELATED TO THE FOLLOWING: (A) THE TERMS OF SERVICE; (B) THE SERVICES; AND/OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM US VIA THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL CREATE OR CAUSE ANY PARTICULAR RESULT, MEET ANY OR ALL OF YOUR PARTICULAR REQUIREMENTS, OR THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED.
- 2.3 Limitations on Liability: NEITHER YOUR NOR OUR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SERVICES. IN NO EVENT WILL EITHER YOU OR WE HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. HOWEVER, NO LIMITATION OF EITHER YOUR OR OUR LIABILITY WILL APPLY TO DAMAGES ARISING FROM (A) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS IN THESE TERMS OF SERVICE, OR (B) A PARTY’S GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT.
- 2.4 Dispute Resolution and Governing Law: You and we agree to negotiate any disputes that may arise regarding the Services or the Terms of Service in good faith. If a dispute is unresolved within 30 days, the dispute may proceed to resolution in the courts of the Province of Alberta. The Terms of Service, and any dispute arising in relation to the Services or the Terms of Service, will be governed by and resolved in accordance with the laws of the Province of the Alberta.
- 2.5 Independent Legal Advice: You confirm that you have had the opportunity to review these Terms of Service with legal counsel or have freely chosen not to do so.
- 2.6 Independent Contractor: The Terms of Service do not create an employment, partnership, or joint venture relationship between us, and the relationship of you and us established by the Terms of Service is that of independent contractors.
- 2.7 Assignment: You may not assign the Terms of Service without prior written consent. We may assign the Terms of Services upon prior notice to you.
- 2.8 Amendment: An amendment or modification to the Terms of Service requires written consent from both you and us.
