Terms & Conditions of Use
TERMS AND CONDITIONS OF USE
These Terms and Conditions were last updated up 12th September 2024
By visiting and using Our Site Your use of the same is subject to the Terms and Conditions detailed herein. You should read these Terms and Conditions ensuring that You understand the same before making use of Our Site.
Your use of Our Site is deemed to be Your acceptance of the Terms and Conditions detailed herein. In the event that You do not agree to be bound by these Terms and Conditions You should immediately stop using Our Site.
These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing Your use of this website,
https://www.thriveobmacademy.com/ (“Our Site”).
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“User Content” means content including, but not limited to, comments on articles/blogs published on Our Site, shared by Users on Our Site. It does not include any personal information You may submit to Us via any contact form;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, logos, forms, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“You/Your”means the person accessing Our Site; and
“We/Us/Our" means Amanda Hyde-Pierce t/a The OBM Academy or AHP Thrive Group of 61 Bridge Street, Kington, HR5 3DJ
2. Information About Us
Our Site is operated by Thrive OBM Academy.
3. How to Contact Us
To contact Us, please email us at [email protected].
4. Access to Our Site
4.1 Access to Our Site is free of charge but We do not warrant that it will always be available for Your use.
4.2 You must be over 18 years of age to access Our Site. Students requesting membership or training must have employed admin experience,
virtual assistant experience or managerial experience.
4.3 It is Your responsibility to make the arrangements necessary in order to access Our Site.
5. Changes to Our Site
We may alter and update Our Site at any time for maintenance purposes.
6. Changes to these Terms and Conditions
We may alter these Terms and Conditions at any time without notice. Where any changes affect these Terms and Conditions they will be detailed at the top of these Terms and Conditions for ease. In the event that You use Our Site after the changes, Your continued use of the same will be deemed acceptance of the updated Terms and Conditions.
7. International Users
We do not warrant that Our Site or any Content is available in all locations nor it is suitable for use everywhere. It will be Your responsibility to ensure that using Our Site does not breach any obligations or requirements You must adhere to given Your location.
8. How You May Use Our Site and Content (Intellectual Property Rights)
8.1 All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us. By simply viewing Our Site does not give You any right to use the copyright or other intellectual property rights in the same. All the Content on Our Site is protected by United Kingdom and international property laws and treaties. We will pursue any unauthorised use of Our Content.
8.2 You may access, view, and use Our Site in a web browser. You may download Our Site (or any part of it) for caching (this usually occurs automatically). For the avoidance of doubt this does not give rights to any copyright of intellectual property rights.
8.3 You may not modify the printed copies or downloaded extracts in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
8.4 You may not use any Content, saved or downloaded, from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
9. Links to Our Site
9.1 You may only link to the homepage of Our Site unless We have authorised You linking to other areas of Our Site in writing.
9.2 When linking to Our Site You must not lead any visitor to believe there is an association or collaboration with Us. When linking You should always make clear that You are not the owner of Our Site.
9.3 Your link should not use any logos, taglines or trade marks displayed on Our Site without Our express written permission.
9.4 You may not link to Our Site from another website where the content of that site is deemed to be unlawful; offensive, inappropriate, religious; obscene; argumentative; controversial; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.
10. Links to Other Sites
10.1 Links to other websites may be included on Our Site. Unless otherwise stated these websites are not under Our control. We accept no responsibility or liability for the content of third-party websites. You must carry-out Your own due diligence before using or purchasing from these websites. Where You purchase something via a link from Our Site we may earn a small commission for qualifying purchases. In such circumstances this will come at no additional cost to You.
10.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
11. Disclaimers
11.1 Nothing on Our Site constitutes professional advice on which You should rely. It is provided for general information purposes only. Where You become a student, which will be subject to separate to terms and conditions, You understand that your level of success in attaining any results depends on the time you devote to your business, the programme, ideas and techniques mentioned, Your finances, knowledge and various skills.
11.2 For students We cannot guarantee your success or income level. Nor are We responsible for any of your actions. Every effort has been made to accurately represent information and its potential. There is no guarantee that You will earn any money using any techniques and ideas in any materials provided by Us including information on Our Site.
11.3 Any materials provided, including information on this Site,may contain information that includes or is based upon forward-looking statements and are by no means guarantees. Forward-looking statements give Our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate”, “target”, “expect”, “estimate”, “intend”, “plan”, “goal”, “believe”, “will”, “may”, “should”, “would”, “could” or and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
11.4 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
11.5 If You are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
12. Our Liability
12.1 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
12.2 If You are a business user (i.e. You are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
12.3 If You are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
12.4 Subject to Part 12.5, if You are a consumer and digital content from Our Site damages other digital content or a device belonging to You, where that damage is caused by Our failure to use reasonable skill and care, We will either compensate You or repair the damage.
12.5 Note that the right to compensation or repair in Part 12.4 will be lost if the damage in question could have been avoided by following advice or instructions from Us to install a free patch or update; if the damage resulted from Your failure to follow instructions; or if the minimum system requirements provided by Us for the digital content in question were not met.
13. Viruses, Malware and Security
13.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; but We are unable to guarantee that this is the case. You are responsible for protecting Your hardware, software, data, and other material from viruses, malware, and other internet security risks. If You are in doubt as to what protection You need You should take independent advice.
13.2 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site. We pursue any such actions to the fullest extent permitted by law.
13.3 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
13.4 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
13.5 By breaching the provisions of Parts 13.3 to 13.4, You may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant enforcement authorities and We will cooperate fully with those authorities by disclosing Your identity to them.
14. Acceptable Usage of Our Site
14.1 You may only use Our Site in a lawful manner:
14.1.1 You must ensure that You comply fully with any and all local, national, or international laws and regulations that apply;
14.1.2 You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
14.1.3 You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
14.2 If You fail to comply with the provisions of this Part 14, You will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:
14.2.1 Suspend or terminate Your right to use Our Site;
14.2.2 Issue You with a written warning;
14.2.3 Take legal proceedings against You for reimbursement of any and all relevant costs on an indemnity basis resulting from Your breach;
14.2.4 Take further legal action against You, as appropriate;
14.2.5 Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
14.2.6 Any other actions which We deem reasonably appropriate (and lawful).
14.3 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to Your breach.
15. How We Use Your Personal Information
We will only use Your personal information as set out in Our Combined Cookies & Privacy Policy, available on our Website.
16. Communication From Us
16.1 If We have Your contact details, We may send You important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.
16.2 We will not send You marketing emails without Your express consent. If You do consent to marketing, You may opt out at any time. All marketing emails from Us include an unsubscribe link. If You opt out of emails from Us, it may take up to 7 days for Your request to take effect and You may continue to receive emails during that time.
16.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 3.
17. User Content - if You comment on our website, including within the member area
17.1 User Content on Our Site includes, but is not limited to, comments on articles/blogs published on Our Site.
17.2 We are not responsible for any loss of User Content submitted to Our Site. If You have submitted User Content it is Your responsibility to backup the same.
17.3 By submitting User Content to Our Site it will be considered non-confidential and non-proprietary. Accordingly it might be accessible to anyone who views the relevant section of Our Site.
17.4 We may reject, reclassify, or remove any User Content from Our Site at Our sole discretion.
17.5 We have the right to disclose Your identity to a third party if that third party claims that any User Content submitted by You infringes their intellectual property rights (including, but not limited to, copyright) or their right to privacy.
17.6 User Content is not approved or verified by Us before it is displayed on Our Site. The opinions, views, and values expressed in User Content on Our Site are those of the relevant Users and do not represent Our opinions, views, or values.
17.7 User Content on Our Site and the copyright and other intellectual property rights in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
17.8 Where You submit User Content You (or Your licensors, as appropriate) retain the ownership of Your User Content and all associated intellectual property rights. When You submit User Content to Our Site, You grant Us an unconditional, non-exclusive, fully transferable, royalty free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence Your User Content to the extent necessary to operate and promote Our Site.
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
18.2 If You are a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Part 18.1 takes away from or reduces Your legal rights as a consumer.
18.3. If You are a consumer, and a UK resident, any dispute, controversy, proceedings, or claim between You and Us relating to these Terms and Conditions or to the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency
18.4 If You are a business user, any dispute, controversy, proceedings, or claim between You and Us relating to these Terms and Conditions or to the relationship between You and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England