Terms of Use

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These Terms of Use ("Terms") were last updated on 1st September 2023.

THRIVE’s mission is to help people achieve more in life through learning. We enable anyone anywhere to create and share educational courses (instructors) and for people to enroll in these educational courses to learn (students). We consider our marketplace model the best way to offer valuable educational content to our users.  As expected, rules are required to keep our platform and services safe for you, us, our student and instructor community. These Terms apply to all your activities on the THRIVE website ThriveResourceCentre.com, the THRIVE mobile applications, our TV applications, our APIs and other related services (“Services”).

Upon the publishing of a course on the THRIVE platform, you are required to follow and be in line with the Instructor Terms. Details regarding our processing of personal data of our students and instructors are also provided for in our Privacy Policy.

 

1. Accounts

You are required to SIGN UP and open an account for most of the activities on our platform including the purchasing of and enrollment in a course or to submit a course for publication. It is very important to note that passwords are meant to be confidential, because you will be held responsible for all activities associated with your account including any harm or damages (to THRIVE or anyone else) that may be caused by a third-party tampering with your account. In the event of the suspicion of a third party tampering with your account, please notify us by sending an email to hello@ThriveResourceCentre.com. In order to be able to use our services at THRIVE, you must have reached the age of consent for online services in your country or a minimum of 18 years old.

In the process of setting up of and maintaining your account, it is of utmost importance that you must provide and continually provide accurate and complete information, including a valid email address.

 It should be noted that you are not allowed to transfer your account to someone else or use someone else’s account. In a situation whereby you contact THRIVE for a request to access an account, such access will not be granted except you can provide the information needed and required to prove that the said account belongs to you. In the event of the death of a user, the account of such user will be closed.

It is of utmost importance to note that you may not share your account login details with anyone else because you will be held responsible and accountable your account and THRIVE will not intervene in disputes between students or instructors who have shared account login details with each other. THRIVE must be notified immediately it is discovered that someone else may be using your account without your permission (or if you suspect any other breach of security) by sending an email to hello@ThriveResourceCentre.com with the subject caption URGENT BREECH OF SECURITY. THRIVE may request some information from you to confirm that the account belongs to you.

 

Students and instructors must be at least 18 years of age to create an account on THRIVE and use the Services. In the situation where you are younger than 18 years but above the required age for consent to use online services in your Country of residence, you are not permitted to set up an account, but you are encouraged to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If you are below 18 years of age and your parents or guardians set up an account for you; they must supervise your use of this service and ensure strict adherence to the TERMS OF USE.

 

2. Course Enrollment and Access

Upon your enrollment for a course, you are given a license from THRIVE to view it via the THRIVE Services ONLY. It should be noted that you are not allowed to transfer or resell courses.

THRIVE grants you an access license, except when the course is disabled arising from legal or policy reasons.

When instructors publish a course on THRIVE, they grant THRIVE a license to offer a license to the course to students. This means that we have the right to sublicense the course to the students who enroll for the course. As a student, upon your enrollment for a course, whether it is a free or a paid course, THRIVE gives you a license to view the course via the THRIVE platform and Services but THRIVE is the licensor of record. Courses are licensed, and not sold to students. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).

Legally, THRIVE grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with each course or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a THRIVE authorized representative. This also applies to content you can access via any of our APIs.

Generally, THRIVE gives access license to our students when they enroll for a course. However, THRIVE reserves the right and discretion to revoke any license to access and use courses and reserves the right to disable access to a course for legal or policy reasons, for example, if the course enrolled for is the object of a copyright complaint, or if it is determined that its contents violate THRIVE’s Trust & Safety Guidelines. The access is not applicable to add-on features and services associated with a course. For example, translation captions of courses may be disabled by instructors at any time, and instructors may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. To put more clearly, the access only applies to the course content and not to the instructor. Instructors may not grant licenses to their courses to students directly, and any such direct license shall be null and void and shall be a violation of these Terms.

3.1 Pricing
The prices of courses on THRIVE are determined by the Instructor with some input from THRIVE.

We may run promotions and sales from time to time as agreed with the Instructors for our courses It should be noted that certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price fixed at the time of completion of your purchase of the course (at checkout)

3.2 Payments

Upon the purchasing of courses by users, users are charged for payment via their debit or credit cards. THRIVE works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.

For the purchase of a course, users are not allowed to use an invalid or unauthorized payment method. In the event that a user’s payment method fails and such user still has access to the course they enrolled for, such user shall pay the corresponding fees within thirty (30) days of notification from THRIVE.  We reserve the right to disable access to any course at any time for which the appropriate and expected payment has not been received from users.

3.3 Refunds and Refund Credits

There shall be no refunds or refund Credits on courses already purchased.

 

4. Content and Behavior Rules

THRIVE can ONLY be used for lawful purposes. Each user is responsible and shall be held accountable for contents posted on THRIVE’s platform. Reviews, questions, posts, courses and other content uploaded are expected to be in line with THRIVE’s terms and the law and respect the intellectual of property rights of others.

THRIVE has the right to ban users’ accounts for repeated or major offenses. In the case of suspicion that a user’s copyright is being infringed on or is in danger of being infringed on, such user should notify THRIVE immediately. Users are not allowed to access or use the Services or create an account for unlawful purposes. Applicable local or international laws or regulations of users’ resident country must be complied with in using THRIVE’s services. Users are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable in their resident countries.

Furthermore, Users shall not upload any content or technology (including information on encryption) whose export is specially controlled under the Export Administration Regulations or other applicable regulations.

THRIVE’s services enables student users to ask questions from the instructors of courses they enrolled for, and to post reviews of courses. In some cases, the instructors may invite student users to submit contents as “assignment”, “quizzes” or “tests”. Student users are not allowed to post or submit contents that do not belong to them. Instructors can submit courses for publication on the platform and can also communicate with the students who have enrolled in their courses. In both cases, users (instructors and students) must abide by the law and respect the rights of others. Users are not allowed to post any course, question, answer, review or other content that violates applicable local or national laws or regulations of their resident countries or in Nigeria.

Users shall be held solely responsible for any courses, contents, and actions posted in the platform and Services and shall bear the consequences. Instructors are expected to understand all the copyright restrictions set forth in the Instructor Terms before submitting any course for publication on THRIVE. If it is brought to THRIVE’s notice that Instructor’s courses or contents violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or deals with an illegal activity), and it is discovered that such content or behavior violates THRIVE’s Terms, or if THRIVE believes that such content or conduct is unlawful, inappropriate, or objectionable (for example impersonation), THRIVE has the right to remove such content from its platform. THRIVE complies with copyright laws.

THRIVE has discretion in enforcing these Terms. THRIVE reserves the right and discretion to terminate or suspend users’ permission to use its platform and Services or ban users’ account at any time, with or without notice, including the violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if THRIVE suspects any  fraudulent or illegal activities by users, or for any other discretional reason by THRIVE. Upon any such termination, THRIVE may delete such user’s account and contents, and may prevent such user from further access to the platforms and use of its Services. A user’s content may still be available on the platforms even after the termination or suspension of the user’s account. THRIVE shall have no liability to users or any third party for termination of their account, removal of their content, or blocking of their access to THRIVE’s platforms and services.

THRIVE should be notified immediately if one of its instructors has published a course that infringes users’ copyright or trademark rights. Instructors are required to follow the law and respect the intellectual property rights of others in accordance with THRIVE’s Instructor Terms.  For more details on how to file a copyright or trademark infringement claim with us, see our Intellectual Property Policy or send a mail to hello@ThriveResourceCentre.com with the Subject matter INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT. 

Prohibited content includes contents related to or containing:

·      Pornography

·      Politics

·      Violence or suggestion or promotion of same

·      Multi-layer marketing

·      Solicitation under any guise

·      Fraud and Criminal activity or its promotion

 

5. THRIVE’s Rights to Contents Users Post on its Platform

Users retain ownership of contents posted on THRIVE’s platform, including courses. THRIVE reserves the right to share contents posted to anyone through any media, including promoting it via advertising on other websites.

Contents posted by students or instructors (including courses) remain the properties of such students and instructors. By posting courses and other contents, users give THRIVE the right to reuse and share.

THRIVE has the authority to use and share contents, comments, questions, and reviews posted, ideas and suggestions submitted for new features or improvements with anyone, distribute and promote them on any platform and in any media, and to make modifications or edition as it deems fit.

Legally, by submitting or posting content on or through the platforms, users grant THRIVE a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with THRIVE for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit with no compensation paid to you.

6. Using THRIVE at Your Own Risk

Anyone can use THRIVE to create and publish courses and interaction is enabled between instructors and students for teaching and learning.  Users are at their own risk while using THRIVE as unforeseen circumstances can occur and things are liable to go wrong.

THRIVE does not review or edit the courses for any legal issue, and we are not able to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. Users enrolling for a course shall rely on any information provided by instructors at their own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. THRIVE has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your enrollment for a course.

Users must be careful about sharing personal information in the process of interacting with each other.  While we restrict the types of information instructors may request from students, we do not control what students and instructors do with the information they obtain from other users on the platform.

We do not hire or employ instructors neither are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that may arise out of or relate to the conduct of instructors or students.

While using THRIVE’s services, you may find links to other websites that we do not own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. Users are expected to also read their terms and conditions and privacy policies. 

7. THRIVE’s Rights

THRIVE Elearning Resource Limited own the THRIVE  platform and Services, including the website, present or future apps and services, and  the logos, API, code, and content created by our employees. Users are not allowed to tamper with these  or use them without authorization.

All rights, titles, and interest in and to the THRIVE  platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or contents provided through THRIVE’s Services (but excluding content provided by instructors and students) are and will remain the exclusive property of THRIVE Elearning Resource Limited.

Our platforms and services are protected by copyright, trademark, and other laws of both Nigeria and foreign countries. Users do not have the right to use THRIVE’s name or any of the THRIVE trademarks, logos, domain names, and other distinctive brand features without first seeking explicit permission in writing. Any feedback, comments, or suggestions you may provide regarding THRIVE or the Services is entirely voluntary and THRIVE has the freedom to use such feedback, comments, or suggestions as it deems fit and without any obligation to you.

Users are not allowed to undertake any of the following activities while accessing or using the THRIVE platform and Services:Access, tamper with, or use non-public areas of the platform (including content storage), THRIVE ’s computer systems, or the technical delivery systems of THRIVE ’s service providers. Disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems. Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the THRIVE  platform or Services.

Access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services, or in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as THRIVE); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

 

8. Miscellaneous Legal Terms

These Terms are like any other contract, and they contain important legal terms that protects THRIVE and clarify the legal relationship between THRIVE and its users.

 

8.1 Binding Agreement

By registering, accessing, or using THRIVE’s Services, Users are binded by this Agreement and shall enter a legally binding contract with THRIVE. Users who do not agree with these Terms and Conditions are advised not to register, access, or otherwise use any of THRIVE’s services.

Instructors going into this Agreement with THRIVE and using THRIVE’s Services on behalf of a company, organization, government, or other legal entity, represent and warrant that they are authorized to do so.

Provision shall be made for versions of these Terms in languages other than English language, provided that in the case of a conflict, English Language shall be the official language.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between THRIVE and its users including the Instructor Terms (which apply to Instructors).

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

In the case of a delay in the exercising of THRIVE’s rights or a failure to exercise its right, this does not amount to a waiver of such rights by THRIVE under these Terms and THRIVE has the right to enforce such rights in the future. In a situation whereby THRIVE decides to waive its rights as regards to a particular issue, it does not amount to THRIVE waiving its rights over other issues generally in the nearest future. The following sections shall survive the expiration or termination of these Terms:

·      Course Enrollment Access

·      THRIVE ’s Rights to Content that You Post

·      Using THRIVE at Your Own Risk

·      THRIVE ’s Rights

·      Miscellaneous Legal Terms

·      Dispute Resolution

 

8.1 Disclaimers

Situations may arise whereby THRIVE’s platform is down, either for planned maintenance or resulting from site issues, or It may happen that one of THRIVE’s instructors is making misleading statements in their course or it may also happen that the site encounter security issues, users shall not have any recourse against THRIVE in these unforeseen circumstances.  

THRIVE (including its affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. THRIVE (including its affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Users shall use the Services (including any content) entirely at their own risk (excluding Users from jurisdictions that do not allow the exclusion of implied warranties).

THRIVE has the discretion to cease making available certain features of its Services at any time.Under no circumstances will THRIVE  or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

 THRIVE shall not be held responsible for delay or failure of the performance of any of the Services caused by events beyond our reasonable control,  e.g. war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

8.2 Limitation of Liability

There are risks inherent to using our Services, for example, injuries resulting from enrolling for a health and wellness course like yoga. Users shall  fully accept these risks and shall have no recourse to seek damages against THRIVE even if you suffer loss or damage from using our platform and Services. In a legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if THRIVE knows of the possibilities of damages.

8.3 Indemnification

In the case whereby a user behaves in an unlawful or illegal manner, THRIVE has the right to take legal actions against such user. Users shall indemnify, defend (if we so request), and hold harmless THRIVE , our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from:

·      the content you post or submit,

·      your use of the Services

·      your violation of these Terms,

·      your violation of any rights of a third party.

Your indemnification obligation will survive the termination of these Terms and your use of the Services. 

8.4 Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Nigeria.

8.5 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to hello@ThriveResourceCentre.com).

8.6 Relationship Between THRIVE and its Users There shall be no joint venture, partnership, employment, contractor, or agency relationship between THRIVE and its users.

 

8.7 No Assignment

Users shall not assign or transfer these Terms (or the rights and licenses granted under them e.g, users who registered an account as an employee of a company, cannot transfer such account to another employee. THRIVE has the right to assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. Users’ accounts are non-transferable and all rights to such accounts and other rights under these Terms terminates upon the death of such users.

 

9. Dispute Resolution

THRIVE shall endeavor to make itself available to resolve any issue that may arise from these terms. Kindly send a mail to hello@ThriveResourceCentre.com with the subject matter DISPUTE. 

 

10. Updating These Terms

THRIVE may update these Terms as it deems fit to clarify its practices or to reflect new or different practices (e.g the addition of new features),  and THRIVE reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. Users shall be notified of such changes through prominent means, such as by sending an email  to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall be taken to  mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

11. How to Contact Us

To get in touch with THRIVE, send an email to hello@ThriveResourceCentre.com. THRIVE looks forward to hear your questions, concerns, and feedback about its Services.

Thanks for teaching and learning with us!