Terms of Use Policy

THRIVE Learning

Last updated: 27th November 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE THRIVE PLATFORM AND OUR OTHER SERVICES‍

What's in these terms?

These terms tell you the rules for using the Thrive Learning software platform, accessed via customer.learn.link (Thrive Platform) and our other services, including but not limited to content created by or on behalf of Thrive (together referred to as the “Services”).

Who we are and how to contact us‍

The Thrive Platform is a software platform operated by Thrive Learning Limited ("We/Us/ Thrive"). We are registered in England and Wales under company number 10988277 and have our registered office at 27 Market St, Bingham, Nottingham, NG13 8JY.

To contact us, please email commercial@thrivelearning.com

By using Our Services you accept these terms

By using our Services (as applicable), you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Services.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of us refer to the following additional terms, which also apply to your use of our Services:

Our Privacy Policy here See further under How we may use your personal information.
Our Cookie Policy can be found here, which sets out information about the cookies on the Thrive Platform.
The terms of our contractual agreements with our customers.

We may make changes to these terms

We amend these terms of use from time to time. Every time you wish to use our Services, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our Services

We may update and change our Services from time to time to reflect changes to our products, our users' needs and our business priorities.

We may suspend or withdraw our Services

We do not guarantee that our Services will always be available or be uninterrupted. Planned maintenance or upgrades to the Thrive Platform will normally be done outside our normal business hours but this cannot be guaranteed.

Our Services are directed to users in England, Wales and Ireland unless we agree otherwise with our customers

Our Services are directed to people residing in England, Wales and Ireland. We do not represent that content available on or through our Services is appropriate for use or available in other locations.

You must keep your account details safe

When you first log on to the Thrive Platform you will be asked to create an account using your name and email address. You will either be given a password or asked to input your own. We use this information as part of our security procedures and to check that you are authorised to have access to the Thrive Platform. Once your account has been set up you will be asked for your username and password each time you want to use and interact with the Thrive Platform. You must treat your login credentials as confidential. You must not disclose them to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at privacy@thrivelearning.com

How you may use material on the Thrive Platform and our other services

We are the owner or the licensee of all intellectual property rights in our Services , including all material published on the Thrive Platform. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, reports and date from the Thrive Platform or the content we offer for your own internal business use.

Our status (and that of any identified contributors) as the authors of content on the Thrive Platform and the content must always be acknowledged.

You will only be permitted to use the reports and data you generate as a result of using or interacting with the Thrive Platform provided you are authorised to access the Thrive Platform by us or our integrated services partners.

If you print off, copy or download any part of the Thrive Platform or any of our content available via the use of the Services in breach of these terms of use, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If you use our Artificial Intelligence tools on the Thrive Platform to produce or author content, to the extent that any intellectual property rights are created, we will own such intellectual property rights and they vest in us on creation. We are entitled to use and share such content with third parties including but not limited to our other customers.

Uploading your own content

We permit you to upload your own content as part of your learning journey and access the third party content made available on the Thrive Platform or otherwise made available by us from time to time. Any third party content uploaded must comply with the content standards set out below.

Where we make third party content available, you must comply with the terms and conditions of the relevant third party when you access or download the relevant third party content.

Our responsibility for loss or damage suffered by you

Our Services are intended for use by businesses. Our liability is limited in the terms set out in our contractual arrangements with our customers.

We will not be liable directly to you as a user of our Services (save in relation to your rights as a data subject under applicable data protection legislation), nor will we have any liability for your use where errors are caused or arise due to your own acts or omissions.

How we may use your personal information

We will only use your personal information to set up and administer your account. Please refer to our privacy policy which can be found here for further information.

Fair Usage

In addition, usage of our Services will be considered unreasonable and in breach of these terms if any usage by a user:

is unauthorised by us, illegal or fraudulent;
causes disruption, congestion or otherwise circumvents or avoids control we have put in place;
adversely impacts, affects or harms another user’s or a customer’s use of the Thrive Platform or our Services;
is in breach of contract, or in contravention of our other standards or policies; or
in our opinion, brings or is likely to bring the business, reputation or goodwill of Thrive into disrepute; or
is in contravention of the AWS Acceptable Use Policy, details of which are at AWS Acceptable Use Policy (amazon.com).

Acceptable Use

You may use our Services for lawful purposes only and in line with these terms of use. You may not use our Services :

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of the Thrive Platform or any content made available by us, other than as strictly permitted by these terms of use.
Not to access without authority, interfere with, damage or disrupt:

any part of our Services ;
any software used in the provision of the Thrive Platform; or
any equipment or network or software owned or used by any third party.

Content Standards – Thrive Platform

Any content you upload to the Thrive Platform must:

Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with the law applicable in England and Wales and in any country from which it is posted.

Content must not:

Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Bully, insult, intimidate or humiliate.
Promote sexually explicit material.
Include child sexual abuse material.
Promote violence.
Promote or condone discrimination or harassment based on race, sex, gender reassignment, sexual orientation, religion or belief, disability, sexual orientation, marriage and civil partnership, pregnancy and maternity or age (or any other protected characteristic as may be defined by the Equality Act 2010).
Discriminate or harass based on race, sex, gender reassignment, sexual orientation, religion or belief, disability, sexual orientation, marriage and civil partnership, pregnancy and maternity or age (or any other protected characteristic as may be defined by the Equality Act 2010).
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be in contempt of court.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person.
Give the impression that the content emanates from Us if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other sites.

Breach of this policy

When we consider that a breach of this policy has occurred, we may take such action as we deem appropriate which may include but is not limited to: suspension of your access to some or all of our Services ; removal of any content uploaded; and/or legal action against you.

We exclude our liability for all action we may take in response to breaches of these terms and conditions of use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

We are not responsible for viruses and you must not introduce them

We do not guarantee that the Thrive Platform and other Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Services. You should use your own virus protection software.

You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Thrive Platform, the server on which the Thrive Platform is stored or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Thrive Platform will cease immediately.

Which country's laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Thrive Learning Limited is incorporated and registered in England with company number 10988277 and whose registered office is at: 27 Market Place, Bingham, Nottingham, Nottinghamshire, England, NG13 8JY