Membership Terms and Conditions
Congratulations on taking the first step to changing your relationship with alcohol forever! At Thrivalist, we’re passionate about helping women from all over the world build deep and loving connections with themselves, completely change their relationship with alcohol, and live wondrous, happy lives.
We’re excited to have you join us in our Membership, where we will support you in changing your relationship with alcohol in an empowered and inspired way. If you are unsure how participation in the Membership (Membership) may affect you, you should discuss your individual circumstances with a medical professional before commencing.
These are the terms and conditions on which we agree to sell access to our Membership to you, our Customer. Please read these terms and conditions carefully, as they can only be waived or varied in writing signed by us. These terms and conditions include any description of the Membership on our Website, however to the extent of any inconsistency with these terms, the terms set out in this document will prevail. Please note that additional terms and conditions govern the sale of other products and services on our Website.
By proceeding to complete your purchase to access the Membership, you’re indicating to us that you’ve read, understood and agreed to enter into a binding agreement with us on these terms and conditions. If you have any questions or concerns about our Membership, this Agreement or the Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
Payments, Refunds and All that Fun Money Stuff
eCommerce
While we take every care to make sure our online store on the Website is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been a technical error leading to your order, we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price).
Term of Membership
The term of each Thrivalist Membership is for the period that you opted to pay for starting on your purchase date and will be automatically renewed for successive periods of the same durations, unless you cancel prior to the expiration of your current membership term (See “Cancellation Policy” below). If you do not notify us of your desire to cancel your Membership prior to the commencement of a renewal term, you understand that your membership will automatically renew and you authorise us to collect the annual membership fee, biannual membership fee, or the next monthly fee, as applicable, based on the same method of payment used for the prior membership term.
Payment Terms
You can pay for your Membership either in one lump sum annual payment, one lump sum 6-month payment, or one monthly payment at the time of your purchase. Fees for renewal periods will be charged to you at the beginning of each renewal term.
Payment
You agree to pay us the price listed on our Website (subject of course to the proviso above, in the case of accidental errors and omissions) to purchase access to the Membership in the amounts, currencies and at the time as set out on the Website. You may pay for your order via any method of payment available on our Website from time to time.
If you are paying for the Membership by credit or debit card, you give us permission and authorization to automatically charge your credit or debit card as payment for the Membership. You will receive an electronic receipt. For any installment payment, you give us permission to automatically charge your credit or debit card at the time it is due without any additional authorization.
You acknowledge and agree that your payment in full in cleared funds is a condition of this Agreement, any breach of which will entitle us to terminate this Agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges.
If a payment due to us is not made for any reason, this amounts to a breach of this Agreement, which will entitle us to suspend or limit your access to the Membership until the payment is made and/or to terminate this Agreement immediately on notice to you.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor (such as Stripe or PayPal), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.
We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.
If you fail to pay us for an order, or if an insolvency event occurs in relation to you (for example, if you commit an act of bankruptcy or become insolvent), we may terminate this Agreement.
Refunds
Thrivalist complies with Australian Consumer Law (ACL) in regard to refunds and these will be granted in accordance with our obligations under the ACL. Nothing in these terms limits or impacts your rights under the ACL in any way.
We are not required to provide a refund if you change your mind about the Membership that you chose to register for.
Because of the extensive time, effort, preparation and care that goes into creating and providing the Membership, we do not offer refunds after the expiry of seven (7) days from purchase, unless required under the ACL.
In the rare event that we do choose to issue a full or partial refund to anyone for any reason, it is solely within our absolute discretion and our exercise of this discretion in no way sets a precedent that a full or partial refund will be available in a subsequent same or similar situation. Refund requests will be assessed on a case-by-case basis and the outcome decided by Thrivalist, whose decision will be final and binding.
Discounts
We may offer discounts from time to time. Please note that discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both). Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made (whichever occurs first). We reserve the right to revoke any discount offer at any time without notice.
Credit
If for any reason Thrivalist agrees to grant you credit, the grant of credit is subject to the terms of this Agreement and applicable legislation. To the extent of any inconsistency, the terms provided for in applicable legislation prevail where Thrivalist is not permitted to vary the terms by agreement. Where legislation provides that Thrivalist may vary the terms by agreement, the terms of this Agreement prevail.
Credit must be redeemed within 6 months from the date of issue and will expire after this date. It will then be unable to be redeemed, replaced, or refunded. Credit is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
Getting Access to the Membership
Access
To access the Membership, you must create a Mighty Networks account by entering your email and nominating a password. Once your payment has been processed, you will receive a confirmation and welcome email with your login details which you can use to access the Membership.
Access to the Membership includes desktop and app access. If you have any technical problems accessing the Membership or any materials or services which form part of the Membership, please contact us for assistance by emailing [email protected].
Access to the Membership will be revoked:
- on expiry of the period you have paid for, provided you inform us of your desire to cancel prior to the start of your next renewal period (see ‘Cancellation Policy’ above) ; or
- immediately on termination; or
- as otherwise provided for in this Agreement.
Email Support
As part of our Membership, you’ll have access to direct email support. If you have a question, please email us at [email protected]. We aim to answer your emails within 24 hours of receipt, seven (7) days a week. Please be aware that as demand may vary, we make no guarantee of response times.
Transfer of Risk
Once you have received the email with your login details, risk in the Membership passes to you. It is important for you to ensure your login details are stored securely and there is no unauthorised access to the Membership using your login details.
Conducting Yourself in the Membership
Membership Conduct
As part of the Membership, you may be invited to participate in group coaching calls and to join our online community. You warrant that you will treat all other members, including participants of any group calls and online communities with respect, and to refrain from conduct which is otherwise illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive.
Failure to comply with this clause amounts to a breach of this Agreement, which will entitle us to suspend or limit your access to the Membership and/or to terminate this Agreement.
Accountability Buddies
As part of our Membership, you may be invited to participate in a ‘buddy program’ wherein you are paired with one or more of the members to provide accountability and support. Should you agree to participate in a buddy program, you agree to be contacted and to make yourself available to your buddy/ies for this purpose. You agree to respond to any communication from a buddy within a reasonable timeframe. Any information disclosed to you in the course of this Agreement by a buddy will be subject to the ‘Participant Confidentiality’ terms in this Agreement.
Privacy and Confidentiality
Privacy
We know that privacy is important when opening up about your struggles with alcohol.
We are committed to respecting your privacy.
Thrivalist will not share any information you share with us without obtaining your prior permission (for example, a testimonial). If you’re worried about disclosing personal details to the group, you can choose to sign up to the Membership using an alias.
The group call recordings are stored in a Cloud-based server for one (1) week before being deleted. There is no public record of any member information.
You can read more about the way that we collect, manage, and store your personal and sensitive information in our Privacy Policy, available on our Website.
Confidentiality
Our Membership is designed to be a safe space for all members to share openly and honestly.
It is an essential term of this Agreement that you agree to keep all Member information (Member Confidential Information) strictly confidential and do not share it with any other person.
Member Confidential Information that falls within the scope of this clause includes (but is not limited to):
- the name and contact details of each Member
- any image, likeness or description of a Member (without limitation to the above, taking screenshots or photos of Members in a videoconference call is strictly prohibited)
- any personal details shared by a Member (such as their occupation, place of birth or family situation)
You acknowledge that you may also have access to certain confidential information belonging to Thrivalist, including (but not limited to) technical information and know how relating to the Membership, the Website and us (Our Confidential Information).
You agree to keep Our Confidential Information confidential and not use or disclose it with our prior written consent.
You warrant to us that you will not use or disclose any Member Confidential Information or Our Confidential Information other than as set out in this clause.
In the event of a breach or threatened breach by you of this clause, you acknowledge we will be irreparably harmed, and monetary damages will be an insufficient remedy. Accordingly, you consent to enforcement of this clause by means of temporary or permanent injunction and other appropriate legal or equitable relief in any competent court.
You agree the restrictions set out in this clause are reasonable and necessary to protect our goodwill and reasonable commercial interests.
This clause survives the expiry or termination for any reason of this Agreement.
Promotion
We’d love to share your experience of our Membership in a testimonial. Of course, we won’t publish anything without your consent. If you agree to provide us with a testimonial, and you agree to us using your image, you grant us permission to use and reproduce your name (or alias), photograph or likeness, as well as evidence of services delivered and results achieved to promote our business. If you choose to provide a testimonial under an alias and without a photo, you agree to immediately assign all intellectual property rights in your testimonial to us for us to share without your name or image.
We love it when you post about our Membership on social media. If you do share images or videos (or any other depiction whatsoever) of our services on your social media (“Posts”), you provide to us your express and unconditional consent to share your Posts on our social media. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts.
Non-Disparagement
You acknowledge that we’ve established a valuable reputation and goodwill in Australia in the area of sobriety and grey-area drinking coaching. Subject to law and your rights in connection with the enforcement of this Agreement, you must not at any time disparage, permit or authorise the disparagement of us, any of our related entities or any director, officer, employee, agent, consultant or adviser of us or a related entity; or otherwise make, permit or authorise the making of any statement in anyway relating to or connected with any matters in dispute which is calculated or is reasonably likely to cause damage to us, any of our related entities or any director, officer, employee, agent, consultant or adviser of us or any related entity (including damage to their respective reputations).
This clause survives termination of this Agreement.
Not a Medical Service
Advice, Information, and Instructional Content
Our Membership has been designed by life coaches as a holistic and evidence-based way of educating and supporting you in your journey to changing your relationship with alcohol in an empowered way. However, it’s important to note that we are not licensed medical practitioners.
Throughout the Membership, we may give you advice, recommendations, information, instruction, or assistance in relation to improving your relationship with alcohol. We may do this in writing, verbally or in another format. At the time we provide this information or advice, we believe it to be accurate, appropriate, and reliable, but we don’t give any warranty of accuracy, appropriateness, or reliability.
The information, advice, and instruction we give are general in nature and are not intended to constitute or substitute for professional, medical, or psychological advice. You should seek appropriate professional, medical or psychological advice suitable for your personal circumstances if necessary.
You should also consult with your doctor or health care professional before acting on recommendations or suggested changes to your lifestyle or health care. If at any time you experience an adverse health reaction you should seek professional medical attention immediately.
Where possible, information provided in our Membership is supported by external research. We don’t give any warranty of accuracy, appropriateness, or reliability for third-party content. You should make your own enquiries into any research referenced throughout the Membership.
We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide in the Membership, unless otherwise required by law.
This clause survives termination of this Agreement.
Not Suitable for Alcohol Dependency
Our Membership is not suitable for any person who suffers from a physical dependence on alcohol or other medical condition. Abrupt alcohol discontinuance can have severe consequences.
We recommend that all members speak with a medical practitioner for professional medical advice tailored to their individual circumstances prior to commencing the Membership.
If you are (or suspect that you may be) physically dependent on alcohol or are suffering from another medical condition, you warrant that you have first sought medical advice from a suitably qualified medical practitioner prior to commencing our Membership and are participating in the Membership (which may include you reducing or stopping your alcohol intake) under the supervision, guidance, direction or advice of that practitioner.
We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered by you or any other person if you participate in our Membership otherwise than in accordance with this clause.
This clause survives termination of this Agreement.
What we don’t do
Our Membership is not a health or medical service.
We do not:
- make medical or psychological diagnoses or prognoses;
- provide rehabilitation services or any medical or psychiatric treatment; or
- provide letters of reference to any third party (such as a Court, lawyer, employer or other agency)
- give any information, advice or instruction relevant to use of substances other than alcohol (such as use prohibited drugs or prescription medications)
No Guarantees
Information that we provide to you in our Membership has been prepared in line with external research in this area. We do not guarantee that participation in the Membership will result in a change in your individual circumstances, such as attaining or maintaining sobriety. Individual results may vary.
This clause survives termination of this Agreement.
Third Party Contributors
New Year Real Me
As part of the New Year Real Me promotion starting January 8th 2023, ‘The Mindful Mocktail’ Natalie Battaglia will be contributing to the promotion of Thrivalist and the Signature Sobriety Course using her social media platforms and database. She will also be hosting a weekly casual chat with the Thrivalist Members for 8 weeks from the course start date. She is not a Life Coach or a Medical Professional and can be in no way held accountable or responsible for the results achieved or your experience of Thrivalist or the Signature Sobriety Course.
Interviews and Guest Contributors
From time to time, we may invite guest speakers to deliver presentations to you as part of the Membership. These topics are presented by experts in their respective fields, however, we make no guarantees as to their qualifications. Any advice provided to you by a guest contributor or interviewee is general in nature and should not be relied upon as medical or other professional advice and should not be a substitute for the same.
We may also link to and from other websites that we think share our ethos and that we think you will find helpful. Those websites will have information collated and presented by third-party businesses, organisations, and individuals. As the linked websites are run by third parties, we can’t warrant or represent that any of the information on them is up to date, complete or correct. For your own safety, please make sure you check the protocols and standards of the linked websites before using them.
We do not necessarily endorse or support the views expressed on third party websites or by interviewees or guest contributors.
We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice from a linked website, guest contributor or interviewee, unless otherwise required by law.
This clause survives termination of this Agreement.
Intellectual Property
All content in the Membership and Website is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, all Intellectual Property Rights and other rights in the Membership and Website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us.
Licence of Membership Intellectual Property
We grant you, our Customer, a worldwide, non-exclusive, royalty-free, revocable license to access the Membership and Membership Intellectual Property in accordance with the terms of this Agreement, to copy and store the Membership content in your device’s cache memory and to print pages from the Membership for your own personal and non-commercial use.
Limited Licence
Nothing in this Agreement transfers any ownership in our Intellectual Property Rights to you.
The licence is limited as set out above. You warrant to us that you will not use the content for any commercial use. We don’t grant you any other rights whatsoever in relation to the Membership or Website.
For avoidance of doubt, the licence does not permit, and you are expressly prohibited from doing, any of the following:
- producing, publishing, or otherwise distributing any of the Membership Intellectual Property
- copying or sharing any Membership Intellectual Property with any other person, including by sharing your Membership login details; or
- re-using any Membership Intellectual Property for commercial use.
In the event of a breach or threatened breach by you of this clause, you acknowledge we will be irreparably harmed, and monetary damages will be an insufficient remedy. Accordingly, you consent to enforcement of this clause by means of temporary or permanent injunction and other appropriate legal or equitable relief in any competent court.
You agree the restrictions set out in this clause are reasonable and necessary to protect our goodwill and reasonable commercial interests.
Revocation of Licence
We may revoke this license immediately and without notice if we form the reasonable belief that you have breached any warranty given in this Agreement. This licence will be immediately revoked on termination.
Limitations of Liability
Australian Consumer Law
Our Membership is covered by the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL), and which provides for consumer guarantees that cannot be excluded.
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
Disclaimer and Limitation of Liability
Except as set out above, to the maximum extent permitted by law, we exclude all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these terms and conditions.
Please note that we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Membership, Website or this Agreement (including as a result of not being able to use or access the Membership or Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, except where we are unable to limit or exclude such loss under the ACL (for example, we are unable to exclude or limit liability for consequential loss arising out of a breach of a consumer guarantee).
We make the Membership available to you, however you use the Membership at your own risk. Everything in the Membership is provided “as is” and “as available” – we don’t make any representations or warranties of any kind.
Exclusion of Liability – Limited Application
If for any reason you are not a consumer for the purposes of the ACL, we exclude all liability to you, however arising, including by negligence.
Managing Disagreements
Dispute Resolution
If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.
The party must inform the other party in writing of the following:
- the nature of the dispute.
- the outcome they desire to resolve the dispute, and
- the action they believe will settle the dispute.
On receipt of the notice by the other party, both parties will make every effort, without delay and in good faith, to resolve the dispute by mutual negotiation within fourteen (14) Business Days. If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of Victoria appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Melbourne, Victoria, unless the parties agree on a suitable virtual alternative.
The existence of a dispute or the commencement of proceedings does not affect the obligation of the parties to continue to perform their obligations under this Agreement.
This clause survives termination of this Agreement.
Ending this Agreement
Termination
We may terminate this Agreement at any time on fourteen (14) days’ written notice to you.
Consequences of Termination
If we elect to terminate this Agreement without cause, your access to the Membership will expire on the effective date of termination.
We may elect (in our absolute discretion) to provide you with such documents or other items as we determine to provide you with information you can access post-termination (such as copies of Membership materials), however we will be under no obligation to do so and failure to do so will not entitle you to any remedy.
If we terminate this Agreement for cause due to a breach of a clause or warranty as contemplated by this Agreement, you agree that we may terminate immediately (or if in our opinion immediate termination is not reasonable, on expiry of such notice as we give in writing) and that access to the Membership will be withdrawn on the effective date of termination.
All disclaimers and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.
Cancellation Policy
If you wish to cancel your Thrivalist Membership, you must login to the website here to manage / cancel your membership details. Upon cancellation, your access to the Membership will continue until the end of the current term of your Membership.
General Terms and Conditions
Variation
We may make permitted variations to these conditions at any time by updating this document and giving notice to you by posting a copy on the Website, or otherwise notifying you in writing. The variations will take effect thirty (30) days after the date of posting. Your continued access and use of the Membership will indicate your acceptance of the variations.
Permitted variations will be limited to those reasonably required by us to protect our legitimate business interests and which do not seriously impact the benefit you receive under this Agreement.
Assignment
The rights of each party under this Agreement are personal. You may only assign, charge, transfer or otherwise encumber or dispose of any of rights under this Agreement with our prior written consent. We may assign, charge, transfer or otherwise encumber or dispose of any of our rights or obligations under this Agreement on giving you notice in writing.
Events Beyond Control
We will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
Relationship of parties
The relationship between the parties is that of independent contractors and nothing in this Agreement is to be construed as constituting an agency, partnership, joint venture, relationship of employee and employer or franchisor and franchisee or any other form of association between the parties.
Jurisdiction
As we’re based in Victoria, these conditions will be governed by the laws of that state. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of Victoria.
Independent Legal Advice
You can seek independent legal advice on these terms and contact us to negotiate changes or amendments to these conditions before proceeding with your order. If you don’t do so, we’ll take it that you’ve read, understood, and agreed to be bound by these conditions, and that you consider the conditions fair and reasonable and not against public policy.
Severance
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.
Entire Agreement
The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings, or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.
Waiver
Except as explicitly set out in this Agreement, a party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
Term
This Agreement commences on the date that it is accepted by you and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement or general law.
Definitions
Agreement means this Agreement between us and the Customer, which commences as set out in this document.
Customer means the person or entity entering into this Agreement with us by agreeing to these terms and completing a purchase to access the Membership. The Customer may also be referred to as “you” or “member” throughout this Agreement.
Intellectual Property Rights means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, Confidential Information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration, as well as all digital and electronic rights.
Membership means any online program, service or offering produced by us and accessed via the Website, which contains digital information, videos, audio files, and documents related to changing your relationship with alcohol, including but not limited to our Mighty Network Membership, 8-week Sobriety Course, Conscious Drinker Course, and 21 Day Starter Course.
Membership Intellectual Property means any works contained within the Membership (including but not limited to videos, audio files, text, graphics, and code) in which Intellectual Property Rights subsist.
We refers to the legal entity carrying on the business known as “Thrivalist” at the time of commencement of this Agreement. We may also be referred to as “us” or “Thrivalist”, throughout this Agreement.
Website means the website located at www.thrivalistsobriety.com, or such as other URL where we make the Membership available for sale from time to time.
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