Service Terms and Conditions

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These T&Cs govern your access, use and membership of the Thriveherd Community (the Community).

The Community is a membership community provided by Thriveherd Limited: a company incorporated in England and Wales under company number 13948580 and registered at 128 City Road, London, EC1V 2NX (referred to in these T&Cs as we, us, our and Thriveherd).

These T&Cs apply to all members of the Community and references to you and your in these T&Cs are references to the individual member of the Community.

You acknowledge and agree that you are purchasing membership to the Community and making use of the Community for the purposes of or in support of your trade, business, craft or profession.

We may make changes to these T&Cs at any time, such as adding, amending or removing terms. We may not always advise you when changes have been made, so please check from time to time. Your continued membership to the Community will be deemed acceptance of any updated version of these T&Cs.

Please read these T&Cs carefully. If there are any T&Cs that you do not agree to, you should not purchase a membership to the Community. If at any time you no longer wish to be legally bound by these T&Cs, please let us know so that we can cancel your membership.

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1. Definitions

1.1. In these T&Cs:

1. Community emeans the Thriveherd Community provided by us through our third-party community platform or any replacement platform we use from time to time;
2. Content means any content, including any services, events, advice, benefits and any other features of any kind provided or made available to you in the Community or as part of your package;
3. Customer means the individual who purchases, selects, registers for, accepts or receives a Membership, Package, Support or other services from us, whether the Fees are paid by that individual or by a Third Party Payer;
4. Fees means any fee payable for a Membership, Package, Support or other services purchased from us, as notified to you at sign-up, checkout, in your order confirmation, in the applicable Package description or in any separate sign-up form;
5. Included Support Sessions means the number of Support Sessions included in your Membership or Package, as notified to you at sign-up, checkout, in your order confirmation, in the applicable Package description or in any separate sign-up form;
6. ‍Membership means your membership to the Community, where Community access is included in the Membership or Package you purchase or select, and will be provided on a tiered or Package basis;‍
7. Membership Fee means the fee payable for Membership, where Membership is purchased separately from a Package, as notified to you at sign-up, checkout or in your order confirmation, and which may be payable monthly, annually or by any other payment arrangement we make available from time to time, and which may be adjusted in accordance with clause 5.3 of these T&Cs; ‍
8. Membership Period means the period during which your Membership is active, including a monthly Membership period, annual Membership period or Package Membership Period, as applicable;‍
9. Package means a single-payment or fixed-fee arrangement under which we provide one or more of Membership, Content, Support, Support Sessions, digital tools or other services for the period, scope and price notified to you at sign-up, checkout, in your order confirmation, in the applicable Package description or in any separate sign-up form;
10. Package Fee means the Fees payable for a Package;
11. Package Membership means Membership provided as part of a Package, where the Package includes Membership;
12. Package Membership Period means the fixed period of Membership included in a Package, as notified to you at sign-up, checkout, in your order confirmation, in the applicable Package description or in any separate sign-up form;
13. Package Period means the fixed period during which the Package is active or during which the Package services must be used, as notified to you at sign-up, checkout, in your order confirmation, in the applicable Package description or in any separate sign-up form;‍
14. Support means any coaching, mentoring, guidance or other form of support services we provide or make available to you as part of your Membership, whether received individually or as part of a group.
15. Support Session means a single session of Support, whether delivered individually or as part of a group, of the duration, format and type notified to you at sign-up, checkout, in your order confirmation, in the Community, in the applicable Package description or in any separate sign-up form; and
16. Third Party Payer means any person, employer, organisation, sponsor or other third party who pays, agrees to pay, or is expected to pay some or all of the Fees on your behalf.

2. Eligibility and Availability

2.1. The Community and Membership is intended for individuals acting for purposes wholly or mainly outside their trade, business, craft or profession, i.e. acting as a consumer. If you purchase a Membership for use in your trade, business, craft or profession, you will be treated as a business user and any terms of these T&Cs that are expressly or by implication intended for consumers only will not apply to you.

2.2. The Community is hosted on third-party platforms. We do not guarantee the availability of the Community for any period, and we will not be liable for any unavailability of the Community caused or contributed to by factors beyond our reasonable control.

2.3. You will not disclose, distribute, make available or share any Content or any aspect of the Community with or to any third party who is not a member of the Community.

2.4. You will not disclose, distribute, make available or share your login details to the Community or any aspect of your Membership with or to any third party.

3. Membership

3.1. Your Membership will commence on the date of successful registration and payment of the Membership Fee.

3.2. Membership is offered on a tiered basis, each tier of Membership providing distinct Content and Support. Your Membership will be applied at the tier you selected at sign-up, but you may change your tier of Membership at any time by requesting an upgrade or downgrade of Membership.

3.3. Upgrades to Membership will take effect immediately upon payment of the increased Membership Fee.

3.4. Downgrades to Membership will take effect at the end of your current paid Membership period, i.e. at the end of your Membership month if paying monthly, at the end of your Membership year if paying annually. No refunds will be issued in respect of any downgrades.

4. Membership Period

Annual Membership

4.1. If you pay the Membership Fee annually (and subject to our receipt of payment of the Membership Fee), your Membership will be in effect for a year from the date we accept your Membership, unless your Membership is cancelled in accordance with these T&Cs.

4.2. At the end of each Membership year, providing you choose to continue paying the Membership Fee annually (and subject to our receipt of payment of the Membership Fee), your Membership will renew for further one-year periods.

4.3. For annual Membership, we will send you a reminder before renewal takes place.

4.4. You can change to monthly Membership at any time, to take effect at the end of your then-current Membership year.

Monthly Membership

4.5. If you pay the Membership Fee monthly (and subject to our receipt of payment of the Membership Fee), your Membership will be in effect from the date we accept your Membership and will continue to roll monthly unless and until your Membership is cancelled in accordance with these T&Cs.

4.6. You can change to annual Membership at any time, to take effect at the end of your then-current Membership month.

Package-Based Membership

4.7. We may also offer Packages. A Package may include Membership, Support Sessions, Content, digital tools or other services, either together or separately, as described at checkout, in the applicable Package description, in your order confirmation or in any separate sign-up form. Not all Packages include Membership of the Community.

4.8. If you purchase or select a Package, and subject to our receipt of the applicable Fees, your Package will commence on the date we accept your purchase or registration. The duration, scope, number of Included Support Sessions and any Package Membership Period will be as notified to you at checkout, in the applicable Package description, in your order confirmation or in any separate sign-up form. Where a Package includes Membership, that Membership will end at the end of the Package Membership Period unless it is renewed, replaced by another Membership or Package, or cancelled earlier in accordance with these T&Cs.

4.9. On expiry of your Package Membership Period, you may continue your membership by taking out a new rolling monthly or annual Membership or by purchasing a new Membership Package.

5. Membership Fee

5.1. You will pay each Membership Fee by Stripe subscription (or via any other third-party payment processor or other payment method that we direct from time to time) and must be received by us in advance of each Membership Period.

5.2. If we do not receive any payment of the Membership Fee when due, we may suspend or cancel your Membership, and we reserve the right to refuse you future access to the Community.

5.3. We may adjust the Membership Fee at any time. We will notify you of any adjustments to the Membership Fee and such adjustments will take effect at the end of your then-current Membership period. If you do not agree to the adjustment of the Membership Fee, you may downgrade or cancel your Membership in accordance with these T&Cs.

5.4. If a Third Party Payer pays, agrees to pay, or is expected to pay any Fees on your behalf, you remain the Customer and the contracting party unless we expressly agree in writing that the Third Party Payer is the contracting party. You are responsible for ensuring that all Fees are paid in full. If the Third Party Payer does not pay, pays late, cancels payment, reverses payment, makes a chargeback, or otherwise fails to pay any Fees when due, you will remain personally responsible for the unpaid Fees. Our rights under clause 5.2 are reserved in respect of any delay, failed payment, reversed payment or non-payment by a Third Party Payer.

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6. Cooling-Off Period (for consumers only)

6.1. This clause 6 will only apply if you have purchased Membership as a consumer and will not apply to business users.

6.2. You will have a legal right to cancel within 14 days of purchase of your Membership. On purchase of your Membership, you will be asked to:

(a) expressly request that we grant you access to the Community immediately, i.e. that we begin providing Content and Support immediately; and

(b) acknowledge that you will lose your right to cancel once we provide access to the Community.

Once access is provided to the Community, you will lose your right to cancel.

6.3. If you do not wish to have access to the Community immediately:

(a) you may cancel within 14 days of purchasing your Membership and you will receive a full refund; and

(b) we will grant you access to the Community on the fifteenth day following purchase of your Membership.

7. Cancellation

7.1. You may cancel your Membership at any time by following the process set out in the Community, or by emailing us with your wish to cancel at help@thriveherd.com.

7.2. If you cancel your Membership in accordance with clause 7.1, cancellation of your Membership will take effect at the end of your then-current Membership period. You may advise that you wish for your Membership to end immediately, in which case we will remove you from the Community as soon as reasonably possible. No full or partial refunds will be issued under any circumstances if you cancel your Membership in accordance with clause 7.1.

7.3. If you cancel your Membership in accordance with clause 7.1, no further Membership Fee will be payable.

7.4. We may cancel your Membership at any time by giving you notice. Whilst we reserve the right to cancel your Membership for any or for no reason, we will normally only do so in the event you are in breach of any of these T&Cs, you have failed to pay any Membership Fee or if we consider your conduct in the Community to be detrimental to the Community or to any member of the Community, to Thriveherd, or to any third party.

7.5. If we cancel your Membership in accordance with clause 7.4, we will not be obliged to issue any full or partial refunds.

7.6. Upon cancellation of your Membership for any reason, you will immediately lose access to the Community and your right to access and redeem any of the Support or Content will immediately end.

8. Free Trial

8.1. We may, at our sole discretion, offer a free trial Membership from time to time.

8.2. Free trial Memberships will permit limited access to the Community for a specified period before a Membership Fee becomes payable.

8.3. Your participation in a free trial Membership constitutes acceptance of these T&Cs.

9. Member Conduct and Community Guidelines

9.1. You will:

(a) conduct yourself in a respectful manner at all times;

(b) not engage in harassment, abuse, or discrimination of any kind, whether directed towards us, any other member of the Community or any third party;

(c) not post any content to the Community that is offensive, illegal, defamatory or otherwise inappropriate;

(d) not solicit, promote, or advertise your own business, products or services, or any third-party business, products or services, within the Community without our prior written consent;

(e) use the Community solely for personal or professional purposes and not for competitive business or commercial activities;

(f) maintain the confidentiality of information shared within the Community, including the identity of other members of the Community; and

(g) comply with any code of conduct or community guidelines that we may issue from time to time.

10. Content

10.1. Content is provided and made available in accordance with and subject to these T&Cs.

10.2. The applicable Content available will be different depending on which tier of Membership you have purchased.

10.3. We will try to provide or make available all Content that you are eligible for under your Membership. We will not be responsible for any Content that is not or cannot be accessed or redeemed due to circumstances beyond our reasonable control, failure of any third party on which we rely to provide or make available the Content, or for your own acts or omissions which cause or contribute to you not accessing or redeeming the Content.

10.4. We may make changes to all or any aspects of the Content at any time.

10.5. We do not give any guarantees or warranties that any Content will be fit for any particular purpose, whether you make such purpose known to us or not, nor that any Content will achieve any particular outcome. All actions taken and decisions made are at your own risk, regardless of whether any Content has contributed to you taking such action or making such decision.

10.6. All intellectual property rights which exist in the Content are owned by us or our third-party licensors.

10.7. Your Membership does not give you any right to use the Content in any way other than in the normal course of your Membership. You may not access or use Content for any commercial purpose (e.g. resale). You may not distribute or share any Content with any third party, nor may you create derivate works from any Content.

10.8. We may use any content that you post, share or make available to the Community in any way, including for marketing and promotional purposes in respect of the Community, unless you expressly prohibit us from doing so in writing.

10.9  Certain optional digital tools, including the Career Pathways Analysis (CPA), are governed by separate terms and conditions and are not part of the Community Content or Support unless expressly stated.

11. Support

11.1. Support is provided and made available in accordance with and subject to these T&Cs.

11.2. The applicable Support available will be different depending on which tier of Membership you have purchased.

11.3. We will try to provide or make available all Support that you are eligible for under your Membership. We will not be responsible for any Support that is not or cannot be accessed or redeemed due to circumstances beyond our reasonable control, failure of any third party on which we rely to provide or make available the Support, or for your own acts or omissions which cause or contribute to you not accessing or redeeming the Support.

11.4. We may make changes to all or any aspects of the Support at any time providing the nature or quality of the Support are not materially affected. We will try to notify you in advance of making any changes to the Support.

11.5. We do not provide any guarantees or warranties that any Support will be fit for any particular purpose, whether you make such purpose known to us or not, nor that any Support will achieve any particular outcome. All actions taken and decisions made are at your own risk, regardless of whether any Support has contributed to you taking such action or making such decision.

11.6. Support will be provided and made available during each Membership period. Each Support session will be of a certain duration and carried out at a certain time, organised on an ad hoc basis. Dates and times for Support are subject to availability.

11.7. If you fail to join a Support session without notice under clause 11.8, or join later than the scheduled time, the Support session will be deducted from the number of Support sessions available to you as part of your Membership. Any rearrangement of such Support session will be at our sole discretion.

11.8. You may cancel an arranged Support session by giving us at least 2 working days' written notice.

12. Liability

12.1. Except in cases of death or personal injury caused by our negligence, we will not be liable for any losses you suffer or incur in connection with or arising out of your Membership, or your access to the Community or any Content or Support, and in no circumstances will our liability exceed 100% of your Membership Fee paid to us in the 12-month period preceding the action giving rise to a claim against us.

12.2. The Community, and all Content and Support, are provided for educational and informational purposes only.

12.3. We will not be liable for:

(a) any technical failures, interruptions, or downtime of the Community;

(b) any errors, inaccuracies, or omissions in the Community, Content or Support;

(c) the actions or omissions of other members of the Community or any third party; or

(d) any business or commercial losses suffered or incurred by a consumer member.

13. Intellectual Property

13.1. All intellectual property rights which exist in the Community and your Membership are owned by us or our third-party licensors.

13.2. Your Membership does not give you any right to use the Community in any way other than in the normal course of your Membership.

14. Data Protection

14.1. You will need to provide us with certain personal data for you to obtain and continue to hold a Membership.

14.2. We will use your personal data in accordance with our Privacy Policy.

14.3. Data may be processed for the purposes of administering your Membership, providing Content and Support, and communicating with you.

14.4. Certain third-party platforms, including Mighty Networks, any other third-party platform provider and payment processors, may process your personal data on our behalf. You acknowledge that we have a legitimate interest in sharing your personal data with such third parties.

14.5  Where you choose to use optional digital tools such as the Career Pathways Analysis (CPA), your personal data may also be processed in accordance with the CPA Terms and Conditions and our Privacy Policy.

15. General

15.1. Assignment: You may not assign, sub-contract or transfer your Membership or any right or obligation under these T&Cs to any third party without our prior written consent.

15.2. Severance: If any provision of these T&Cs is or becomes unenforceable, the rest of these T&Cs will not be affected.

15.3. Waiver: No delay or failure by us to exercise any right or remedy under these T&Cs or applicable law will operate as a waiver of that right or remedy, nor will we be prevented or restricted from exercising that or any other right or remedy in future.

15.4. Governing Law and Jurisdiction: Your Membership and these T&Cs, and any dispute arising out of or in connection with either of them, will be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction to settle any dispute arising out of or in connection with your Membership or these T&Cs.