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Terms

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE THRIIVER.COM PLATFORM.

If you do not agree to these Terms of Use, please do not use the platform, as by using the Thriiver.com platform, you confirm your consent to these Terms of Use.

Your access to and use of the Thriiver.com platform, as well as all related websites operated by Thriiver (Pty) Ltd from time-to-time (including www.thriiver.com) (collectively referred to as the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any prior and/or conflicting agreements entered into between you and the Site are superseded by these Terms of Use, and are of no force or effect:

  1. You agree that the Site itself, as well as all of its content, videos, training materials, products, courses, services and/or other materials, made available on the Site from time-to-time by Thriiver (Pty) Ltd (“the Company”) or any other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information, by the Company, and are the property of the Company and/or its third party providers. You agree that Content shall include, without limitation, all proprietary videos, newsletters, notes, information, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included on/in the Site are proprietary to the Company and that you have no rights to any of the Content, unless expressly granted in writing by the Company to you. Subject to your compliance with these Terms of Use, the Company hereby grants you with a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose other than for personal use is a gross violation of the copyright and other proprietary rights of the Company, as well as the rights of any and all of the authors who created the materials, and may be subject to monetary damages and penalties as well as injunctive relief, should it be required. Should the Company be required to pursue any legal action against you for breach of these Terms of Use, all legal costs will be for your own account. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files (audio or visual), for public or commercial purposes without the express written permission of the Company.
  2. You will not record or obtain in any form, or utilize any method whatsoever, any Content from the Site, nor will you be authorized to download any of the Content, unless a download link to any Content has been provided to you by the Company.
  3. You are strictly prohibited from distributing your login credentials to any third-party, nor may any person other than yourself utilize your login credentials.

3.1. Should our digital security system alert us that you have breached any of the provisions in clause 2 and 3 Supra, your account will immediately be suspended, and legal proceedings will be instituted against you and any third-party that utilized your login details.

3.2. Further to the above, any refund or money-back guarantee which may be applicable, will naturally be waived.

  1. All Content, including but not limited to; text, data, graphics files, videos and sound files, and other materials contained on the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used by you except as provided in these Terms of Use.
  2. All trade names, trademarks, images and biographical information of people used in the Content and contained on the Site, including but not limited to the name and trademark, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties. Nothing contained in this Terms of Use or any such terms and conditions attached to the site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express, prior written consent of the Company or third party owner. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, inflammatory, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property and/or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected] and you are requested to mention “copyright infringement” in the subject line. You will be required to provide your full name and contact information, the nature of your work and how you believe your intellectual property rights are being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant. Should you fail/and or refuse to provide the information required in order to facilitate a thorough investigation, your claim may not be investigated. The Company’s rights will remain strictly reserved. Access provided to an unauthorised third party is strictly prohibited and no refunds will be issued by the Company in this instance.
  3. While the Company uses reasonable efforts to include accurate and up-to-date information on the Site, the Company makes no warranties or representations as to the accuracy or appropriateness of the information on the Site. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site, irrespective of whether the information was provided by the Company or by a third party.
  4. When you register with the Company and/or the Site, you expressly consent to receive notices, announcements, agreements, disclosures, reports, documents, communications (including new products or services), or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email. You may filter or suspend the notifications you receive from the Company by adjusting your notification preferences by clicking on the “unsubscribe” link at the bottom of each email correspondence that the Company sends you.
  5. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to the unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise, without any acknowledgment or compensation to you.
  6. While the Company shall use commercially reasonable efforts to restrict unauthorized access to all data and files stored or hosted on the Site, no site hosted on the internet may be deemed to be impenetrable, irrespective of whether they are password protected or not. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site and you clearly understand that the use of the Site is completely at your own risk and the Company will accept no liability whatsoever for any damages suffered as a result of a third-party.
  7. The Company will not intentionally disclose any personally identifying information about you to , except where the Company has been compelled to by law enforcement agencies, or, in good faith, believes such disclosure is necessary to comply with the law or the enforcement of these Terms of Use, alternatively where such disclosure of information is necessary for the proper performance and improvement of the Site and or the services. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://www.thriiver.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, you are once again advised to refrain from using the Site.
  8. Neither the company nor any other party involved in creating, producing, hosting, or maintaining the Site and/or any Content on the Site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising from your access to or use of the Site. Without limiting the foregoing, all Content on the Site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. It is expressly recorded that all Content on the Site is for educational purposes only. Should you wish to use any information in the Content, you use same at your own risk and of your own volition – the Company will hold no responsibility whatsoever for any losses or damages incurred as a result thereof. To reiterate the foregoing, the Company does not warrant or make any representations or guarantees that you will earn any money using the Site or the Company’s technology or services, nor does it warrant or make any representations regarding the use of the materials on the Site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, or reliability. You fully accept all responsibility for evaluating your own earning potential as well as executing your own business and services. You are encouraged to seek sound financial advice prior to executing any trade to ensure that you may absorb any potential negative outcome of such trade. Although the Site contains various packages which may assist in your education and ability to read and interpret trade opportunities, your earning potential remains entirely dependent on your own ideas, skill, techniques, execution of your trading plan, the time you devote to understanding the Content to which you have subscribed, your independent research prior to executing each trade as well as your finances. Since these factors differ among all individuals, the Company cannot and does not warrant or make any representations or guarantees regarding your success. The Company does not warrant that use of the materials will be uninterrupted or error-free, that defects will be corrected, or that this Site, the Content, and/or the materials available on this Site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. The Company shall not be responsible for any performance or service problems caused by any third-party website or third-party service provider (including without limitation; payment providers, hosting services, network providers etc). Any and all such problems shall be governed solely by the agreement between you and that provider.
  9. The Company reserves the right to determine, in its sole discretion, whether the Company is responsible for any such malfunction or disruption and you will be notified accordingly. The Company further reserves the right to limit your use of the Site and/or your access to the Content and/or to terminate your access altogether should the Company determine that you intend to, or have violated these Terms of Use, or that you have violated any other rules or conditions of the Company.
  10. Under no circumstance will the Company be liable for any special, incidental, indirect, punitive or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the Site, the Content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the Company has been advised or is aware of the possibility of such damages.
  11. You hereby indemnify and hold the Company and each of its directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which it is entitled to indemnification under these Terms of Use. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
  12. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third-party content providers and licensors, and each party shall have the respective rights to assert and enforce such provisions directly or on its own behalf.
  13. The Company reserves the right to accept or reject candidate registrations at its own discretion and the Company will not be obligated to provide reasons for any rejection thereof.
  14. In the event that the Company offers further promotions to new users, these offers will not apply to existing users/subscribers.
  15. All subscription renewals will occur on the anniversary date of your purchase, as per the plan that you sign up with i.e. monthly or yearly.
  16. By registering on the Site and furthermore providing your payment details, you confirm that you have read the Terms of Use as well as any other terms and conditions relevant to specific Content and you further confirm that you will be bound by these provisions.
  17. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound
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