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This document sets out the terms and conditions upon which Thrive provides Instructor Partner Training. The Terms apply to any order you place with us, and that we have accepted in accordance with these Terms.
Please read this Terms of Services (“Terms,” “Terms of Service”) carefully before using the https://thriveneurodiversity.newzenler.com website (“website”) operated by Thrive MS Ltd, a Limited Company formed in England (“us,” “we,” “our”) as this Terms of Service contains essential information regarding limitations of our liability, details about payment, refunds and cancellations. Our registered address is:
3-4 Brittens Court, Clifton Reynes, Olney, MK45 5LG
We offer services and products on this website. The prices of these services and products can be found listed on the website. The price excludes all applicable taxes and other fees.
We offer cancellations on purchases made of the services and products on our website. We offer cancellations only prior to undertaking the service. You may only cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase more than two weeks before your course commencement date. If you cancel less than two weeks before your course commencement date, and you do not want to be moved to an alternative date, we reserve the right to charge you 50% of your fee paid. We also reserve the right to cancel your purchase prior to commencement of the service. We will let you know immediately if we plan to cancel your purchase, and we will issue you a full refund of the full purchase price that you paid.
If you are not satisfied by the service or product offered on our website that you have purchased, we can offer a 50% refund. To qualify for a refund, you must submit your request within 14 days of the purchase date by contacting us with your request.
We may ask you to provide an advance payment on any purchase made of the service or digital product offered on our website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services and digital products. We will issue you a refund of the advance payment that you made if we cancel, and we will issue you a refund of the advance payment that you made if you cancel.
If we accept an order, we shall provide a product or service to you.
We offer the following warranties on purchases of services and products:
• Services will be delivered with reasonable care and skill and be of satisfactory quality;
• Services will be fit for a particular purpose;
• Services are fit for any specified purpose and desired result;
• Services will be performed within a reasonable time;
• Services will match the description
• We have the rights to provide or sell the product or service
The warranty shall apply for three months from the date of the purchase.
Except as stated above, and to the extent permitted by law, the products or services sold on this website are provided “as is.” Except as stated above, no express warranty shall apply to any items or services displayed or sold on this website. Note that you may have additional statutory rights provided under consumer protection laws. These rights are not affected by these terms.
In the event of any conflict between the provision of these Terms, the Privacy Policy, and any Order, then the following shall apply to the extent of any conflict:
• The Terms prevails over
• The Privacy Policy, which prevails over
• The Order
In your Order, you shall provide all such information as we require. You must ensure that the terms of your Order are complete and accurate.
An Order shall only be binding, and acceptance shall only occur, upon receipt of all information specified in order forms.
We may, but will not necessarily, acknowledge receipt of your Order. If we do so, the acknowledgement of receipt shall not constitute our acceptance of your Order unless we expressly stipulate that it is acceptance.
These Terms apply to the Order to the exclusion of any terms and conditions submitted, proposed, or stipulated by you. If you provide us with a purchase order for the Service, the purchase order shall be purely for your administrative purposes only and shall not form part of this Agreement.
You may not cancel or amend an Order unless we have given our express written or e-mail consent.
We may assume that any person who holds themselves out as being your authorised representative, shall be entitled to place an Order on your behalf.
You agree that the remedy for breach of this Terms of Service, as it relates to your purchase, shall be to reject the goods, services, or digital products. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. To the extent permitted by law, these remedies intended to be your sold and exclusive remedies for any breach of this Terms of Service, as it relates to your purchase.
You agree that you will use this Website in accordance with all applicable laws, rules, regulations, and these Terms at all times.
The following is a non-exhaustive list of prohibited uses of this Website. You are that you will not perform and of the following prohibited uses:
• Impersonating or attempting to impersonate Thrive or its employees, representatives, subsidiaries, or divisions.
• Misrepresenting your identity or affiliation with any person or entity.
• Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or similar material.
• Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability.
• Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website.
• Using any robot, spider or other similar automatic technology, process or means to access of use the Website for any purpose, including monitoring or copying any of the material on this Website.
• Using any manual process, or means to monitor or copy any of the material on this Website, or for any other unauthorised purpose.
• Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials.
• Attempting to gain unauthorised access to, interfering with, damaging, or disrupting any parts of the Website, the servers(s) on which the Website is stores, or any server, computer or database connected to the Website.
• Attempting to attack or attacking the Website, via a denial-of-service attack or distributed denial-of-service attack.
• Otherwise attempting to interfere with the proper working of the Website.
• Using the Website in any way that violates any applicable province, territory, state or country laws, rules, or regulations.
To the extent permitted by law, we assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites.
The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced on unavailable. We expressly reserve the right to correct any pricing errors on our website.
If you determine that there is an error on this Website, or any invoices or purchase orders sent to you by us, please inform us immediately using the contact details below.
The inclusion or offering or any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
In no event shall Thrive MS Ltd be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this website, or with the delay or inability to access, display or use this website, including but not limited to your reliance upon opinions or information appearing on this website; any computer viruses, information, software, linked websites operated by Third Parties, products or services obtained through this websites, whether based on a theory of contract, tort, strict liability, consumer protection statutes or otherwise, even if Thrive has been advised of the possibility of such damages. If, despite the limitation above, Thrive is found liable for any loss or damage that arises out of in any way connected with any of the occurrences described above, then the liability of Thrive will in no event exceed the service fees you paid to Thrive in connection with such transaction(s) on this website.
This statement of Limitation of Liability prevails over all other sections of this Terms of Service and sets forth our entire Liability, and your sole and exclusive remedies, in respect of:
• the performance, non-performance, or delay in performance of this Agreement or the Service or the Website (or any part of it or them); and
• otherwise in relation to this Agreement or the entering into or performance of this Agreement.
Nothing shall exclude or limit our Liability for (i) our fraud (including our fraudulent misrepresentation); (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other Liability which cannot be excluded or limited by applicable law.
We exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or the Website; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
In performing any obligation under this Agreement, our only duty is to exercise reasonable care and skill.
We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement. We shall have no Liability for any:
• indirect or consequential losses, damages, costs, or expenses
• loss of actual or anticipated profits;
• loss of contracts;
• loss of the use of money;
• loss of anticipated savings;
• loss of revenue;
• loss of goodwill;
• loss of reputation;
• loss of business;
• loss of operation time;
• loss of opportunity; or
• loss of, damage to or corruption of data.
And any such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, this apply whether such losses are direct, indirect, consequential, or otherwise.
Our total Liability to you shall, in respect of any one or more incidents, not exceed in aggregate a sum equal to the greater of: (a) £5,000; or (b) 110% of any aggregate amount paid by you to us in the 12 months preceding the date on which the incident occurs. We exclude all liability towards third parties.
The limitation of Liability has effect in relation to both any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
The provisions of this section shall continue after the termination of this Agreement
Note that you may have additional statutory rights provided to you under consumer protection laws. These rights are not affected by these terms.
You shall not assign, charge, transfer, charge or otherwise encumber, create any trust over or deal in any manner with this Agreement or any right, benefit, or interest under it nor transfer or sub-contract or purport to assign, transfer or subcontract any of your rights or obligations under this Agreement without our prior written consent. We will not unreasonably withhold such consent.
We may assign, charge or otherwise encumber, create any trust over or deal in any manner with this Agreement or any right, benefit or interest under it or transfer or subcontract any of our rights or obligations under this Agreement to any of our subsidiary or affiliated companies, or to any other person as part of a merger, reorganisation or sale of our business or our assets.
All contents of this Website are copyright Thrive or third parties. All rights reserved. Unless specific otherwise, this Website and all content and other materials on this Websites, including but not limited to, all logos, designs, text, graphics, pictures, information, data, software and arrangement thereof (collectively, “Content”) are the proprietary property of Thrive and are either protected intellectual property of Thrive or third parties in England and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Simon Nichols, CEO and founder, at simon@itstime2thrive.co.uk.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe, in good faith, that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights.” Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You must submit your claim in writing to Simon Nichols, Founder and Wellbeing Director, 3-4 Brittens Court, Clifton Reynes, Olney, MK45 5LG.
These Terms shall be governed and constructed in accordance with the laws of England, without regard to its conflict law provisions. The Terms shall not be governed by the United Nations Convention on the Contracts for the Sale of International Goods, the Uniform Commercial Code, nor Incoterms
Only failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Any controversy or claim arising out of, or relating to these Terms, including but not limited to the interpretation or breach thereof, shall be resolved in a court of competent authority in England.
We shall not be liable for any delay or failure to perform obligation under this Terms of Service insofar as the performance of such obligations is prevented by an event or by matters beyond our reasonable control including act of God, actions of third parties (including hackers, suppliers, governments or supra-national authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or general Internet failure), shortage of or inability to obtain materials, failure of computer equipment, failures or delays of sources from which information or data is obtained) ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via posting the updated Terms of Service to this Website
Last update: 07th December 2023
If you have any questions about our Terms of Service, please contact us at hello@itstime2thrive.co.uk
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