Terms and Conditions

HOW TO THRIVE TERMS AND CONDITIONS OF USE

These Terms of Use (the “Terms” or “Terms of Use”) set out the rules that apply to the use of How to Thrive’s websites and mobile applications (including but not limited to www.howtothrivefilm.com and the How to Thrive wellbeing App). By accessing, downloading, or using our websites or mobile applications, you acknowledge and agree to be bound by these Terms. If you do not agree to all of these Terms or if you do not agree with our Privacy Policy (available at www.howtothrivefilm.com) which is incorporated into these Terms by reference, please do not use our websites or apps.

Additional specific terms relating to use of our websites and apps by persons located in certain jurisdictions outside of Australia are set out further below. Please review these to determine which terms are applicable to you.

 

ABOUT HOW TO THRIVE

How to Thrive provides film, video, wellbeing measurement and educational tools. This includes access to the How to Thrive technology platform (the “Platform”). How to Thrive may, from time to time, make the Platform available for access via desktop web browser, mobile web, web views, Android app, and iPhone app.

How to Thrive also provides digital psychoeducation services via the Platform and via other means including other electronic means (the “Services”).

The Platform and the Services are owned by How to Thrive Film Pty Ltd. (“How to Thrive”, “we” or “us”) and the contract formed under these Terms is between you and How to Thrive. If you have any questions or comments about these Terms, please contact us at info@howtothrivefilm.com

How to Thrive also licences the Platform to third parties (“Licensed Third Parties”) to enable them to provide digital psychoeducation services (the “Third Party Services”).

AMENDMENT OF TERMS

How to Thrive reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time, and will post an updated version on this webpage. Please check back from time to time to ensure you are aware of any updates or changes. If you access the Platform and/or Services after a change to these Terms, the updated terms will be deemed to be accepted.

Acceptance of these Terms can only be in full. Any attempted alteration of these Terms by you is not binding on How to Thrive. If you do not agree to these Terms, or to any update to these Terms, your sole recourse is to cease using the Platform and/or Services.

How to Thrive may offer new or modified features, functionality, or services through the Platform. Such new or modified features, functionality, and services, if offered, are offered subject to these Terms.

IMPORTANT INFORMATION

The Platform and Services are not a substitute for face-to-face professional assistance. The courses and materials are not designed for crisis management. If you are in distress, you should seek immediate personal assistance from a medical or mental health professional.

If you are feeling suicidal or need to talk to someone you should phone:

(a)              if you are located in Australia - Lifeline Australia on 13 11 14;

(b)              if you are located in New Zealand – Lifeline New Zealand on 0800 543 354;

(c)               if you are located in the United States – the Suicide Prevention Hotline on 1-800-273-8255; or

(d)              the relevant suicide hotline in your country if outside Australia, New Zealand, or the United States.

The Platform and Services are not appropriate if:

(a)              you are experiencing an emotional or similar crisis;

(b)              your or another person’s personal safety is at risk;

(c)               you require urgent medical treatment; and/or

(d)              any doubt exists regarding the selection or appropriateness of any of the Services.

If any one or more of these situations apply, you must seek immediate medical advice from an appropriately qualified healthcare professional.

DEFINITIONS

In these Terms:

(a)              a third party who has an agreement with How to Thrive or a Licensed Third Party under which users are given access to the Platform and/or Services is a “Related Customer”;

 

ACCESS LIMITED TO PERSONAL AND NON-COMMERCIAL USE

You are provided access to the Platform and/or Services (whether those Services are provided by How to Thrive or a Licensed Third Party) at no cost to you, pursuant to an arrangement between How to Thrive and your Related Customer, or a Licensed Third Party and your Related Customer, as applicable. Should the terms of the arrangement with your Related Customer change, you may no longer be able to access the Platform and/or Services.

As an end-user of the Platform and/or Services, you receive a limited, non-exclusive, personal, revocable right to download, access, and use the functionality of our Platform and Services. You have no rights in or to the Platform or Services other than to use them in accordance with these Terms.

You may display and use our Platform and Services onto a single device solely for your own personal, non-commercial use.

RESTRICTIONS ON USE

You must not do any of the following:

(a)              use the Platform or the Services for non-personal or commercial use;

(b)              use the Platform or the Services in any manner that is contrary to law or breaches the privacy or any other legal rights of any individual;

(c)               use the Platform or Services to defame or libel any person;

(d)              copy, reproduce, store, transmit, publish, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise create derivative works from any part of the Platform or Services or their content;

(e)              cause the Platform or Services, in part or in whole, to be framed or embedded in another website;

(f)               commercialise any content, products or services on the Platform or Services;

(g)              distribute any portion of the Platform or Services to any third-party or make the Platform or Services available to any third-party in any way other than in a manner specifically authorised under these Terms;

(h)              upload any files to the Platform or Services that contain viruses or that may cause damage to How to Thrive’s systems or property, or to the systems or property of other individuals;

(i)                post or transmit via the Platform or Services any non-authorised material, including, but not limited to material that is, in How to Thrive’s opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic, or otherwise, or which is detrimental to or in violation of How to Thrive’s systems or a third party’s systems or network security.

NOT INTENDED FOR USE BY CHILDREN

The Platform and Services offered are not directed towards or offered to any persons under 16 years of age. A person under 18 years of age may access the Platform and use the Services only with the valid written consent of a parent or legal guardian. If How to Thrive becomes aware a person under 18 years of age is accessing the Platform and/or using the Services without parent or legal guardian consent, it reserves the right to suspend or deactivate that person’s account and delete any information pertaining to that person (subject to any legal or record-keeping requirements on the part of How to Thrive).

TECHNICAL REQUIREMENTS

You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Platform and Services.

ACCOUNT INFORMATION AND PRIVACY

You may remain anonymous when using certain elements of the Platform and/or Services, however in order to complete formal programs that form part of the Services you must create an account on the Platform. How to Thrive may collect your personal information in connection with the creation of an account and the provision of the Platform and Services. If you do not provide this information, How to Thrive may not be able to provide all of its products and services to you.

Personal Information will be collected and used in accordance with How to Thrive’s Privacy Policy. You authorise How to Thrive to access and use your personal information in connection with the provision of the Platform and Services and as otherwise permitted in the Privacy Policy.

 You consent to How to Thrive disclosing your personal information to relevant Licensed Third Parties, and to other third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. You warrant that all information contained in your account is true and correct.

The How to Thrive Privacy Policy explains: (i) how How to Thrive stores and uses, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how How to Thrive will handle any complaint. If you would like any further information about How to Thrive’s privacy policies or practices, please contact us at info@howtothrivefilm.com

SECURITY

You are responsible for protecting your account login details. If another person accesses the Products or Services using your account login details you are responsible for the actions of that other person in their access and use of the Platform and Services. You agree that How to Thrive is not liable for any unauthorised use of your account unless we have caused the unauthorised use. You must notify How to Thrive immediately if there is any actual or suspected unauthorised use of your account.

How to Thrive SERVICES

How to Thrive makes available on the Platform an initial wellbeing survey. Based on your responses to the wellbeing survey, you will be provided with additional videos and activities to undertake over a series of weeks.

You may be sent online questionnaires in order to assess the effectiveness of the Services and to check on your wellness. If How to Thrive forms the opinion that you require assistance beyond the scope of the Platform and Services you will be invited to contact your General Practitioner, another Medical or Allied Health Professional or the relevant contacts at the applicable Related Customer.

THIRD PARTY SERVICES

Licensed Third Parties may use the Platform to provide Third Party Services. Third Party Services are provided directly to users by the relevant Third Party subject to an agreement between the Third Party and the user’s Related Customer. How to Thrive is not the Provider of the Third Party Services and each user of Third Party Services releases the Indemnified Persons (as defined below) from, and indemnifies the Indemnified Persons against, all loss, cost, damage, liability, and expense arising out of the Third Party Services to the fullest extent possible at law.

Licensed Third Parties may impose additional requirements in relation to users of the Third Party Services. Those requirements will be subject to a separate agreement between the Licensed Third Party and the relevant Related Customer or user. When you deal with Licensed Third Parties you may also be subject to the terms of that Licensed Third Party’s privacy policy. You should review Licensed Third Party privacy policies before using Third Party Services.

INTELLECTUAL PROPERTY RIGHTS

All right, title, and interest (including all intellectual property rights) in and to the Platform and the Services, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organisation of the Platform and Services, remains with How to Thrive, Creative Edge Holdings, or its licensors. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works from, or in any way exploit any of the content on our Platform or Services, in whole or in part.

All words or symbols designated by ® or ™ and used on or in connection with the Platform, Services, and marketing materials, and all other registered and unregistered trade marks used in connection with our Platform and Services (collectively the “Marks”)_are the property of How to Thrive. You must not display, reproduce, or use the Marks other than with our prior written consent and you must not remove any Marks or trade mark notices from any content we publish.

No copying, distribution, transmission, publication, modification, posting, linking, deep linking, or commercial exploitation of the Platform, Services, or any material downloaded from them are permitted without our express prior written permission. Any violation of this section may result in copyright, trade mark, service mark, or other intellectual property infringement that may subject you to civil and/or criminal penalties.

LINKS

Links provided to other websites are provided for convenience only. How to Thrive does not endorse or have control over the content of websites or apps other than its own. Please review the privacy policies and terms of use for each website and app you visit before download, using, or submitting your information.

AVAILABILITY OF THE PLATFORM AND SERVICES

While we use commercially reasonable efforts to keep our Platform and Services accessible, they may be unavailable from time to time for indefinite amounts of time and for any reason, including, without limitation, routine or emergency maintenance.

ACCURACY OF INFORMATION

Although we strive for accuracy in all elements of our Platform and Services, there may be errors, inaccuracies, or omissions. To the fullest extent possible at law, How to Thrive is not responsible for your interpretation or reliance on any information or content found on the Platform or Services, and makes no representations about the accuracy, reliability, completeness, or timeliness of the Platform or Services to the extent available under law. How to Thrive is not responsible for the conduct, whether online or offline, of any person using the Platform or Services.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or content on the Platform and Services at any time without prior notice.

TERMINATION AND RESTRICTIONS ON USE

We reserve the right to suspend and or terminate your account and your access to the Platform and/or Services at any time, for any reason, without prior notice, as determined in our sole discretion.

Reasons for termination or suspension include, but are not limited to, the following:

(a)              you are in breach of these Terms;

(b)              you use the Platform or Services for any non-personal or commercial purposes;

(c)               the Related Customer agreement under which you are given access to the Platform and/or Services is suspended, terminated, or expires;

(d)              you have uploaded materials which may be deemed illegal or explicit;

(e)              How to Thrive reasonably believes that you are using the Platform or the Services in bad faith.

EFFECT OF TERMINATION BY How to Thrive

Upon termination by How to Thrive:

(a)              you will not be able to access the Platform or use the Services;

(b)              your account will be deactivated from the Platform and Services;

(c)               you will be barred from re-enrolling or accessing the Platform and Services under a new account unless formally invited by How to Thrive; and

(d)              your stored data will be dealt with in accordance with the Privacy Policy and applicable laws.

You may request How to Thrive to delete your account in the Platform and withdraw or terminate participation in the Services at any time by providing written notification to How to Thrive. How to Thrive may contact you after withdrawal or termination to conduct an exit interview and/or provide referrals, if deemed appropriate in the circumstances. Subject to the determination of any relevant professional body or otherwise in accordance with standard industry practice, How to Thrive will make available to you a copy of your stored clinical data, if requested by you within 90 days of termination or withdrawal. These Terms survive termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

In addition to termination of your account and/or access to our Platform and Services, and subject to any rights that cannot be excluded by law, we reserve the right to hold you liable for any and all damages we suffer as a result of your actions.

Upon termination, any provision in these Terms that by its nature or express terms should survive will survive such termination.

DISCLAIMER OF WARRANTIES

Subject to any warranties and guarantees that cannot be excluded by law in any applicable jurisdiction, the Platform and Services are provided “as-is” and “as-available” and How to Thrive makes no warranties of any kind, express or implied, about the Platform or the Services. In particular, How to Thrive does not give warranties as to:

(a)    the results that may be obtained from the Platform or Services;

(b)     the availability, deletion of, or failure to transmit, any content or communication;

(c)    the accuracy, reliability, or completeness of any content or information offered through the Platform or Services; and

(d)     that files available for download from the Platform or Services will be free from infection, viruses, worms, trojan horses, or other code that may have contaminating or destructive properties.

LIMITATION OF LIABILITY

How to Thrive does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act(Cth) and any other similar or related law in any other jurisdiction which cannot be excluded, restricted or modified. However, How to Thrive does exclude all other rights, remedies, conditions, warranties, and liability in respect of goods and services (including the Platform and the Services) which may be excluded under law, custom or statute in any applicable jurisdiction.

To the maximum extent permitted by law, How to Thrive’s liability to you in respect of any goods or services purchased from or provided by How to Thrive (including but not limited to the Platform and the Services) which cannot be excluded is limited to (in How to Thrive’s discretion):

(a)              the replacement of any goods or services purchased; or

(b)              a refund of the price paid to How to Thrive for that good or service.

How to Thrive will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of goodwill, loss of business opportunity, loss of data, loss of networks, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access the Platform and/or Services, even if How to Thrive has been advised of such damages or losses.

To the extent any limitation of liability under these Terms is ineffective, How to Thrive’s total aggregate liability to you under these Terms will not exceed AUD$1.

Your liability to us may be limited in certain jurisdictions, as set out below.

INDEMNITY

You agree to indemnify How to Thrive, Licensed Third Parties, each of their related bodies corporate, subsidiaries, licensees and assigns, and each of their respective officers, agents, partners and employees (“Indemnified Persons”) in respect of any claims, loss, damage, or costs (including legal costs on a full indemnity basis) arising from or in connection with:

(a)              any breach or alleged breach of these Terms by you;

(b)              your use of the Platform and the Services; and

(c)               any violation by you of any law or the rights of any third party.

WAIVER

No delay or failure by How to Thrive to exercise or enforce any of its rights under these Terms will constitute a waiver of those rights. Neither the receipt of any funds by How to Thrive, nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorised representative of How to Thrive will have any legal effect.

ASSIGNMENT

How to Thrive may assign or transfer its rights and obligations in the Platform or Services, or under these Terms, to any company or person at any time, without restriction, and without prior notice. You may not assign or transfer any rights or obligations to anyone without our specific prior written consent.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and How to Thrive regarding your use of the Platform and the Services, superseding any prior agreements between you and How to Thrive relating to your use of the Platform and Services.

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

APPLICABLE LAW AND JURISDICTION

If you are located in Australia these Terms are governed by and construed in accordance with the laws applicable in Victoria, Australia. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

If you are located in New Zealand these Terms are governed by and construed in accordance with the laws applicable in New Zealand. Both parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

If you are located in a jurisdiction outside of the United States, Australia, and New Zealand these Terms are governed by and construed in accordance with, as far as is possible at law, the laws of Victoria, Australia. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

SPECIFIC TERMS APPLICABLE TO USERS LOCATED OUTSIDE OF AUSTRALIA

NEW ZEALAND

The following additional terms apply to any users located in New Zealand and take precedence to the extent they are inconsistent with any other Terms.

How to Thrive does not exclude any rights and remedies in respect of goods or services under statutory consumer protection laws, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

How to Thrive will not be liable to you for any indirect or consequential loss, for any loss that you have caused, or for any loss that is caused by an event out of our control.  For a breach of contract, negligence, or any other claim or dispute arising out of these Terms and Conditions our liability to each other will be limited to the greater of NZ$1 or the amount that you have paid us in the last year for access to the Platform or Services.  This limitation of liability does not apply where you have caused loss or damage to How to Thrive by fraud, wilful breach, or wilful damage.

The parties agree to indemnify, defend, and hold each other harmless, including How to Thrive's parents and affiliates, together with their respective employees, agents, directors, officers, suppliers, and shareholders from and against any and all claims, demands, actions, costs, liabilities, losses of any kind (including attorneys’ fees) arising out of any breach or alleged breach of these Terms.

We are here to assist you with any issues you may encounter with How to Thrive, our Platform, or Services. Please do not hesitate to contact us at info@howtothrivefilm.com

 

Last Updated: September 2022.