THRVE – Terms and Conditions

 These Terms and Conditions (Terms) set out the basis on which users (you) may engage with us and third-party providers of fitness programs (Providers) and our associated Website/App (collectively Thrve Platforms) as provided by THRVE APP PTY LTD ACN 681 810 542 (us, we).

1. Acceptance

(a) These Terms form the basis of the legally binding agreement between you and us regarding your use of Thrve Platforms.

(b) You acknowledge and agree to be bound by these Terms where you: 

(i) communicate to us either verbally or in writing your acceptance of the Terms;

(ii) create an account to enable you to utilise Thrve Platforms; or

(iii) otherwise commence using Thrve Platforms for any purpose.

(c) You must only use Thrve Platforms in accordance with the provisions of these Terms.

2. Term

Your agreement with us commences upon your acceptance of these Terms and will expire upon termination in accordance with clause 7.

3. Use of Thrve Platforms

3.1 General

(a) You acknowledge and agree that:

(i) the purpose of Thrve Platforms is to enable you to personally access and use, Thrve Platforms and the services offered on Thrve Platforms. 

(ii) you are at least 18 years old and will be responsible for the information provided when creating a Subscription. Our Programs and Services are not designed or recommended for anyone under 18 years old. If you are accessing and using the Website/App or subscribing for access to the Program or any of the Website/App services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party’s legal guardian and you are responsible for that party’s compliance with these Terms. You will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms.

(b) By acceptance of these Terms, you are granted a non-exclusive, non-transferable, non-sublicensable License to personally access and use the Website/App and the services offered on the Website/App which are but not limited to (collectively “Services”):

(i) Personalised fitness and workout programs;

(ii) Nutritional guidance and meal plans;

(iii) One-on-one or group coaching;

(iv) Behavioural habit tracking;

(v) Educational content, articles, and tools;

(vi) Progress analytics and performance data; and 

(vii) Fitness Programs. 

(c) We have no responsibility for the Fitness Programs that you book with a Provider using Thrve Platforms, other than to provide the Services contemplated under these Terms.

(d) You acknowledge that when you make a booking with a Provider using Thrve Platforms such bookings are an agreement between you and the Provider and not between you and us. 

(e) We use our best endeavours to ensure that Fitness Programs advertised and promoted through Thrve Platforms are in accordance with the details and information that has been supplied by a Provider. However, we are not the provider of the Fitness Program and cannot accept any responsibility in this regard. 

(f) You must at all times provide us with accurate information and ensure that all details that we hold about you (including, in particular, your email address and telephone contact details) are up-to-date and valid.

(g) In the event that there are access or other special requirements relating to Fitness Programs that you have booked with a Provider, you are responsible for organising and downloading any content or information required to run the Fitness Program. 

3.2 Accounts

(a) In order for you to access Thrve Platforms you must create a Thrve Platforms account.

(b) You agree to:

(i) not register for more than one Thrve Platforms account;

(ii) not create a Thrve Platforms account on behalf of someone else, including any person, association or organisation, or create a false or misleading account;

(iii) not transfer your account to any other person, association or organisation;

(iv) maintain the security of your user identification, password and any other confidential information relating to your account;

(v) notify us immediately in the event of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password;

(vi) take the necessary steps to prevent the continuance of any unauthorised use of your account by contacting us to change your login security information; and

(vii) update and keep your Thrve Platforms account information accurate, including but not limited to, all email addresses, telephone numbers, registration numbers, mobile numbers and any other contact or personal information we may require upon creation of your Thrve Platforms account.

(c) You must not use your Thrve Platforms account for any immoral or illegal activity or purpose including without limitation malicious or fraudulent bookings or money laundering.

(d) We reserve the right to suspend your Thrve Platforms account at any time in our absolute discretion in the event:

(i) you are in breach of these Terms or any other agreement with us, or we reasonably suspect you are likely to breach these Terms or any of our other agreements;

(ii) you are involved in illegal or immoral activity, or we suspect you are likely to be involved in such activity;

(iii) you post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format;

(iv) you violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law;

(v) we believe or reasonably suspect that you have a criminal record or criminal history that, in our sole discretion, we consider warrants your suspension;

(vi) you rent, lease or lend any downloaded Fitness Program or content to a third party nor decompile, reverse engineer, modify or derive content from the Website/App and/or make it available over a network where it could be used by multiple devices at the same time;

(vii) you reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site, or distribute or modify or otherwise deal with any content in the Website/Apps in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our Intellectual Property Rights.

(viii) you have engaged, or we reasonably suspect you are likely to engage, in conduct capable of brining us or Thrve Platforms into disrepute, or to otherwise reflect negatively or disfavourably on Thrve Platforms; or

(ix) any payment rightfully owing to us by you under these Terms is outstanding.

(e) We do not accept, and you hereby release us from all liability for any loss, cost, damage or expense that you may suffer or incur as a result of our suspension of your Thrve Platforms Account in accordance with clause 3.2(d).

4. Your Agreement and Subscription

4.1 The Agreement

(a) In accessing, registering or using the Website/App including any and all webpages, the Fitness Program and/or the Services and products, information, text and images offered or provided on the Website/App, you are deemed to have read and personally agreed to the Terms.

4.2 Subscription

(a) We offer one (1), three (3) and twelve (12) month Subscription for the Services. Payment for each Subscription is governed by these Terms.

(b) We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.

5. Payments

5.1 Price

(a) The price associated with purchasing a Fitness Program or Subscription through Thrve Platforms (Price) will be advertised on Thrve Platforms at the time that you make a purchase. 

(b) The Price will be comprised of the amount payable by you to the Provider or us (as the case may be), as well as an amount of commission that we will retain. The commission is an amount payable by the Provider to us and is not an additional cost charged to you.

(c) By purchasing a Fitness Program or Subscription you accept and agree to pay the Price to us. 

5.2 Payment 

(a) Where a purchase or Subscription has been made through Thrve Platforms you acknowledge that you will transfer the Price to us, which we will subsequently remit to the Provider or us, less any commission or other amounts to which we are rightfully entitled under these terms or our Provider Terms.

(b) We may require that you provide us your bank account, credit or debit card details to enable us to charge you for purchases or Subscriptions made through Thrve Platforms, as well as make payments to you, for example in the event of any refund. You hereby authorise us to use these details to deduct any payments you may owe to us or to any other user of Thrve Platforms. 

(c) The Price received from you for purchases or Subscriptions made with a Provider through Thrve Platforms will be paid directly into a holding account that we control.

(d) In the event that your payment for a Fitness Program or Subscription is dishonoured, we will notify you of the dishonoured payment and, at our election:

(i) provide you with an invoice for payment of the relevant Price; or

(ii) charge the Price directly to any credit or debit card that you have provided to us.

(e) You are responsible for paying all fees and applicable taxes, general services taxes, incomes taxes, goods and services taxes and other similar State and Federal indirect taxes or other withholding and personal or company incomes taxes for which you may become liable as a result of using Thrve Platforms. 

5.3 Process for payment

(a) In purchasing any Fitness Product or Service from the Website/App (“the Purchase”) you agree to:

(i) pay using a valid credit card (or other form of payment as we may allow);

(ii) provide us with current and complete information as detailed in the purchase order form including full legal name, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with the Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase; (c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase (“the costs”).

(b) You acknowledge and agree that the Price will vary depending on the type of Subscription and Fitness Program.

5.4 Refunds

(a) Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Fitness Program and/or the Services offered by the Website/App, and as we make no representations to you in respect of your use of the Fitness Program and/or Services offered by the Website/App, we provide no warranty as to any results or outcomes associated with using the Fitness Program, nor in respect of any use of the Services offered by the Website/App.

(b) We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so. 

(c) In the event that you have made a purchase and subsequently cancel that purchase, a Termination Fee will be issued at the sole discretion of us. 

6. Content

(a) You are responsible for all content and materials that you upload to Thrve Platforms, or that you request us to upload to Thrve Platforms on your behalf.

(b) You agree that if you download any content from the Website/App you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site, or distribute or modify or otherwise deal with any content in the Website/Apps in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our Intellectual Property Rights.

(c) You are responsible for ensuring that the content that you upload or download, or that we upload or download on your behalf, complies with all relevant laws, regulations and codes.

(d) We will not monitor the content that you upload to Thrve Platforms to ensure you have satisfied your legal compliance or regulatory obligations, or to ensure that you have not breached the rights of any third party. You acknowledge that we have no obligation or responsibility to do so.

7. Renewal and Termination 

7.1 Renewal

(a) Your Subscription will automatically renew for the same term of your initial Subscription unless you cancel your Subscription via the billing platform your Subscription was purchased on.

7.2 Termination

(a) If your Subscription was created as an In-App Purchase (via Apple App Store or Google Play Store) you must cancel your subscription via Apple Subscriptions or the Google Play Store.[4] [5] 

(b) If the account was created on our website (www.thrve.com), the subscription can be cancelled by going to the settings page on the Website, navigating to the subscription section and following the instructions[6] [7] .

(c) Please note a refund will not be issued upon cancellation. At the end of your paid Subscription period, we can then deactivate any account in your name, your membership of the Website/App and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you. Your information may be stored for up to 7 years from the date of purchase and/or Subscription at which point in time it will be deleted or destroyed. 

8. Third Parties

8.1 Third Parties 

(a) We use third parties to assist us to provide our Services to you including providing Fitness Programs, payment processing and client registrations. These third parties may have access to certain personal information required to perform their function. They cannot use your information for any other purpose.

(b) The Website/App may also contain links to websites operated by third parties. Such links are provided for convenience only and we have no liability in connection with your use of any such third-party website or any content posted or published on the third-party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.

9. Intellectual Property Rights and Confidential Information

9.1 Intellectual Property Rights

(a) Each party retains all title and ownership in its own Background IP.

(b) Unless agreed otherwise in writing by both the us and you:

(i) any Intellectual Property Rights in the Services or Fitness Program or prepared or produced by us or a Third Party (or any of our Personnel) shall remain the exclusive property of us or a Third Party (as the case may be); and 

(ii) you shall not disclose any design, drawing, source code, specification or other document (in written or electronic form) prepared or produced by us or a Third Party (or any of our Personnel) to any other third party that you have not purchased a Fitness Program or Services through. 

(a) Upon your acceptance of these Terms we grant to you a non-exclusive, non-transferable, revocable license to use Thrve Platforms in accordance with these Terms for the duration of your Subscription.

(b) You grant to us a perpetual, irrevocable, world-wide, royalty free, non-exclusive licence (including the right to novate or assign the licence, and to sub-licence) to use, reproduce, adapt, modify and communicate all content and material you upload to Thrve Platforms or otherwise provide to us, for any purpose relating to the use of Thrve Platforms and incorporating such material into our own advertising, promotional and marketing campaigns.

(c) Nothing in these Terms is to be construed as an assignment or transfer of any ownership rights in the Intellectual Property Rights in Thrve Platforms, or any other content and materials belonging to us prior to your acceptance of these Terms. 

(d) You must not upload content and materials to Thrve Platforms unless you own all Intellectual Property Rights in such content and materials or are using such content and materials under the licence or authority of the owner of the Intellectual Property Rights in such materials.  

10. Privacy

(a) In order to allow you to use Thrve Platforms we will be required to collect certain personal information from you, including but not limited to your name, address, date of birth, mobile or other contact number, certain health information, email address and banking information.

(b) The nature of the personal information that we collect and information regarding the way we may use and disclose such personal information is set out in our Privacy Policy https://thrve.com/privacy-policy.

(c) All personal information that we collect and use is dealt with in accordance with the Thrve Platforms Privacy Policy and the Privacy Act 1998 (Cth). 

11. Provider Warranties and Indemnity

11.1 Warranties

You hereby warrant to us that:

(a) by uploading content and materials to Thrve Platforms you will not breach the rights of any third party;

(b) where a third party has Intellectual Property Rights in content and materials you have uploaded to Thrve Platforms, you have the required authority and consent to grant us a license to use such content and materials in the manner contemplated by these Terms; 

(c) you will not upload content and material to Thrve Platforms that is misleading, deceptive or false;

(d) you will not upload any content to Thrve Platforms that is obscene, indecent or offensive in nature;

(e) you will not copy or otherwise make use of content and materials uploaded to Thrve Platforms by other users of the platform, including their personal information, unless you have first obtained the express written consent of that party to do so;

(f) where we have provided you with an account and password to enable you to access Thrve Platforms, you will not disclose your account details or password to any person;

(g) you will not make any representation that you have our sponsorship, approval or endorsement, or that you are affiliated with us (other than by virtue of your use of Thrve Platforms);

(h) you will not use Thrve Platforms or deal with any other user, or the public generally, in any way which could be deemed to be harmful to the business or reputation of Thrve Platforms, or do anything which might adversely affect our relationship with any other user of Thrve Platforms;

(i) you will not attempt to circumvent the use of Thrve Platforms by contacting and dealing with a Provider directly with a view to transacting outside of Thrve Platforms;

(j) you will not breach any laws, regulations, codes or applicable rules (whether statutory or at common law) in your use of Thrve Platforms; and

(k) you have the authority and capacity to enter into this agreement with us and to be bound by your obligations under these Terms.

11.2 Indemnity

(a) You hereby indemnify us in respect of all fees and expenses we may incur (including legal fees and costs) in attempting to collect any amount rightfully due and owing to us by you in accordance with these Terms, through commencing collection efforts, using the services of an external debt collection agency or issuing legal proceedings. 

(b) You hereby indemnify and keep us indemnified against any Loss that may be incurred or suffered by us arising from or in connection with:

(i)  any breach or default by you of these Terms (including any breach of warranty);

(ii)  a negligent act or omission by you or by a party you are responsible for;

(iii) any damage that you or a party you are responsible for cause to the property of a third party, to which you have gained access as a result of or in connection with your use of Thrve Platforms;

(iv) your failure to comply with any applicable law, regulation, code or rule; 

(v) your failure to comply with your contractual obligations to any third party insofar as such obligations arise or relate to the use by you, or by a party you are responsible for, of Thrve Platforms;

(vi) the failure of a party you are responsible for in complying with any law, regulation or rule; and

(vii) any demand, claim, action, dispute or proceeding made or brought against us as a result of an act or omission by you, or resulting in any way from the upload of content and materials to Thrve Platforms by you (including where we have uploaded such content and materials at your request).

(c) The indemnity that you are providing under clause 11.2 will be reduced proportionately to the extent that we have contributed to any Loss suffered or incurred by us through our own negligent act or omission.

12. Health and Safety

You acknowledge and agree that:

(a) we provide health and weight management information and guidance only;

(b) we are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website/App or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs; 

(c) you are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website/App and/or participate in the Fitness Program and/or our products and Services;

(d) persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness program should consult with an appropriate healthcare professional before beginning any of the Fitness Programs;

(e) you are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through the Website/App. The information on the Website/App may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional;

(f) our goal is to provide members with the tools to achieve their weight management and health goals at a steady and sustainable rate. In this regard, we promote healthy relationships with food and don’t condone dangerously low levels of eating;

(g) user-Generated or Promotor Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by us, and should not be relied on. Any content not produced by us, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such content originated.

13. User Acknowledgements

You acknowledge and agree that:

(a) computer and software services are not fault free and occasional periods of downtime may occur with regard to Thrve Platforms;

(b) we have not made any representations or warranties that Thrve Platforms will be error free, free of viruses or available without interruption; 

(c) we may publish your details on Thrve Platforms or any other advertising medium for the purpose of both enabling you to use Thrve Platforms and representing publicly that you are utilising, or have previously utilised Thrve Platforms;

(d) you must deal honestly, politely and courteously with all Providers and any other users of Thrve Platforms;

(e) if you choose to use Thrve Platforms, you do so at your own risk. You acknowledge that Thrve Platforms does not have an obligation to conduct background or criminal history checks on any user or Provider of Thrve Platforms;

(f) you are solely responsible for all of your communications and interactions with other users and Providers using Thrve Platforms and with any other person that you interact with as a result of your use of Thrve Platforms;

(g) there are inherent risks associated with providing your personal information to persons that are unknown to you and particularly with meeting with other users of Thrve Platforms and Providers in person. We are not in any way responsible for regulating or monitoring any of your communications, interactions or meetings with other users of Thrve Platforms or Providers, and it is your responsibility to ensure that you have taken appropriate measures to protect your safety;

(h) if we think it is reasonable to do so, we may immediately suspend your access to Thrve Platforms, remove or amend any content or material you have uploaded to Thrve Platforms, or take any other steps we deem reasonably necessary or appropriate to protect our interests or those of third parties; and

(i) we will not be responsible for any loss, damage or expense you may suffer or incur, whether direct or consequential, arising from or relating to the exercise of our right to suspend or terminate your access to Thrve Platforms.

14. Thrve Platforms Warranties and Limitations of Liability 

(a) Unless otherwise required by law, our liability for any breach of these Terms in contract or tort (including negligence) is limited at our option to:

(i) the resupply of our services to you at no cost to you; or

(ii) the amount of fees that you have paid to us for purchaser or Subscriptions pursuant to these Terms in the six (6) month period directly preceding the liability event.

(b) To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: 

(i) death; 

(ii) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); 

(iii) the contraction, aggravation or acceleration of a disease; and

(iv) 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:

(v) that is or may be harmful or disadvantageous to you or the community; or

(vi) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.

(c) No claim may be brought against us in relation to this agreement more than one (1) month following the event to which the claim relates.

(d) We will not be liable to you for any Loss or damage caused by another user or Provider against you, or your property, or anyone connected to you or your property. This includes where such Loss or damage is caused by the illegitimate or illegal actions of another person.

(e) To the maximum extent permitted by law, we will not be liable for any loss of profit, loss of goodwill, loss of opportunity or any special, punitive, indirect or consequential loss or damage incurred by you or by any other person whether directly or indirectly related to these Terms.

(f) We are not liable for any loss or damage caused to you by reason of any delay, lack of supply, industrial action, fire, riot, war, embargo, civil commotion, act of God or any other event which is beyond our control.

15. Termination

(a) We may terminate or suspend your account at any time without further notice to you where we consider:

(i) you have breached, or are likely to, breach, the provisions of these Terms or any other agreement between you and us;

(ii) you have or we suspect you are likely to use Thrve Platforms in a manner inconsistent with the nature of these Terms;

(iii) it is necessary to protect the safety of other users of Thrve Platforms or Providers;

(iv) your conduct either has, or is likely to, bring Thrve Platforms into disrepute or otherwise reflect negatively on Thrve Platforms.

(b) You may terminate this agreement at any time by deleting your Thrve Platforms account. However, this agreement will continue in full force and effect in respect of any existing bookings at the time of the termination of your account. 

(c) Upon termination you must pay to us all outstanding amounts rightfully due and owing to us under these Terms. 

(d) Upon termination we will:

(i) terminate your access to Thrve Platforms; and

(ii) at our discretion remove or delete the content and materials that You have uploaded to Thrve Platforms.

16. GST

(a) Subject to as may otherwise be expressly stated, and subject to the provisions set out below, if any supply made under or in connection with this Agreement by one party (“Supplier”) to the other party (“Acquirer”), is subject to GST, the payment for that supply will be increased by an amount equal to the GST payable.

(b) The Acquirer will not be obligated to make any payment for either the supply referred to in clause 16(a) or on account of the GST referred to in clause  16(a)until the Supplier has issued a tax invoice to the Acquirer for the supply to which the payment relates.

(c) If a payment made by one party to the other party is a reimbursement or indemnification of a cost, expense, loss or liability incurred by that other party, the payment shall be reduced by an amount for which that party is entitled to an input tax credit. 

(d) Words or expressions used in this clause, which are defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth), have the same meaning.

17.  General 

(a) We may amend these Terms at any time. Where we are required to amend the Terms, we will use our best endeavours to provide you with prior notice of such amendments. If you continue to use Thrve Platforms following our amendments to the Terms, you will be deemed as having accepted the amendment and having agreed to be bound by such amendment. 

(b) Neither party will be liable for any delay or failure to perform its obligations pursuant to these Terms if such delay is due to a cause beyond the reasonable control of a party and which that party is unable to overcome by the exercise of reasonable diligence and at a reasonable cost.

(c) We may, upon notice in writing to you, assign or otherwise transfer the benefit of all or any part of these Terms to any other person or entity. You must not assign, novate or otherwise transfer any rights, benefits or liabilities relating to these Terms without our prior written consent.

(d) These Terms are governed by the laws in force in the State of Queensland, Australia and each party submits to the exclusive jurisdiction of the courts of Queensland, Australia and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to these Terms.

(e) Clauses 7, 11.1, 11.2 and 14 are intended to survive termination of these Terms.

(f) Any provision of these Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of these Terms which shall remain in force.

18. Definitions 

In this Terms, unless inconsistent with the context or subject matter, the following terms shall have the following meanings:

(a) “App” means the Thrve App owned and operated by us allowing access to the Website and Services from remote devices, e.g. mobile phones and tablets; 

(b) “Background IP” means a party’s intellectual property rights in any materials developed independently of, or prior to, the provision of the Services and any Fitness Program and includes any third party licensed intellectual property.

(c) “Fitness Programs” means a Third Party program offered to you via the Website/App.

(d) “Intellectual Property Rights” means all present and future rights conferred by law in or in relation to copyright, trademarks, designs, source code, patents, circuit layouts, moral rights, inventions, know-how, trade secrets, Confidential Information, the right to have trade secrets and confidential information kept confidential and all other results of intellectual activity whether or not registrable, registered or patentable.

(e) “License” means the license granted by us to you governing your use of the Website and the Services in accordance with these terms and conditions;

(f) “Loss” means any damage, loss, cost, liability or expense of any kind and however arising (including as a result of any demand, claim, action, dispute or proceeding) including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable.

(g) “Personnel” means, in relation to a party, its employees, Related Bodies Corporate, secondees, officers, agents, advisers and contractors.

(h) “Related Bodies Corporate” is as defined in the Corporations Act 2001 (Cth).

(i) “Services” has the meaning set out in clause 3 of these Terms. 

(j) “Subscriptions” means the subscription with Thrve Platforms entitling you to use of the Website/App and/or a Fitness Program and includes the Services; 

(k) “Terms” means any agreement or arrangement entered into between the Supplier and the Client for the delivery of the Services and is comprised of the Documents.  

(l) “Third Party” means a person or entity that is not party to this Agreement or Terms and who may offer products to you outside of this Agreement. 

(m) “Website” means collectively the website thrve.com, products and/or services offered or provided by Thrve Platforms including the Thrve Platforms App;