Privacy Policy, Thrive terms and conditions and other terms of use

 



Privacy Policy

Fronting the Challenge Projects Limited (“We”) are committed to protecting and respecting your privacy.

This privacy policy (together with our terms of use and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Fronting the Challenge Projects Limited.

Information we may collect from you

We may collect and process the following data about you:

Information that you provide by filling in forms on our site [www.thriveapproach.com](https://www.thriveapproach.com) or using the Thrive-Online programme. This includes information provided at the time of registering to use our site, subscribing to our service or requesting further services as well as details of your visits to our site and the resources that you access.

We may also ask you for information when you report a problem with our site.

If you contact us, we may keep a record of that correspondence.

We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

Cookies

We may obtain information about your general internet usage by creating and using a “cookie”. This helps us improve our site and to deliver a better and more personalised service. They enable us:

– To estimate our audience size and usage pattern;

– To store information about your preferences, and so allow us to customise our site according to your individual interests;

– To speed up your searches;

– To recognise you when you return to our site.

– You may refuse to accept cookies by activating the setting on your browser that allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Further information about cookies is available at www.aboutcookies.org.

Anonymous information

We may collect information about your computer, including your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ actions and patterns, and does not identify any individual.

Where we store your personal data

The data that we collect from you will not be transferred to, or stored at, a destination outside the European Economic Area (“EEA”).

By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.


Website terms of use

Thank you for visiting our website. We hope you find it useful.

This section tells you the terms of use on which you may make use of our website www.thriveapproach.com whether as a guest or as a registered user.

By using our website, 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 of use, you must not use our website.

Other terms that apply to your use

The following documents also apply to your use of our website:

  • Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
  • Our Acceptable Use Policy, which sets out the permitted and prohibited uses of our website.
  • If you subscribe to Thrive Online then our Multi-User Licence or Single User Licence will also apply (as appropriate)
  • Our trainers and Course leaders will also be subject to other terms and conditions

Information about us

www.thriveapproach.com is operated by Fronting the Challenge Projects Limited (“We”). We are registered in England and Wales under company number 03234281 and have our registered offices at The Quadrangle, Seale Hayne, Howton Road, Newton Abbot, TQ12 6NQ. Our VAT number is 714426355.

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they will be binding on you.

Changes to our website

We may update our website from time to time, and may change the content at any time. Whilst we endeavour to ensure that information is up to date, please note that content on our website may be out of date at any given time, and we are under no obligation to update it.

Accessing our website

Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may restrict access to parts, or all of our website to all users.

You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it 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 enquiries@thriveapproach.com.

Intellectual property rights

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

You must not use any part of the content on our website for any purposes without obtaining a licence to do so from us.

No reliance on information

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

Thrive Online is intended for use by Thrive Practitioners who have been trained and accredited by us. We may make Thrive Online available to non-practitioners on an information only basis and we do not accept any liability in the event that you act on or refrain from acting due to any content on our website.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.

Limiting our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our website; or
  • use of or reliance on any content displayed on our website.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply when using Thrive Online and you should look at your licence terms in this respect.

Uploading content to our website

Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Website a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website.

We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our website do not represent our views or values.

Viruses

We do not guarantee that our website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website 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 our website will cease immediately.

Linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

Third party links and resources in our website

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those websites or resources.

Applicable law

These terms of use are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction.

Contact us

To contact us, please email: enquiries@thriveapproach.com.


Acceptable use policy

We welcome your input and comments to questions and answers. You are also welcome to post blogs for discussion.

Using either the website for the purpose of adding content (whether posts, comments or queries) or Thrive-Online means that you accept, and agree to abide by, this policy which we will revise from time to time. The latest version will always be available on the website and Thrive-Online.

Whilst we encourage participation, we need to ensure that users respect our aims and comply with our rules. All users should read this Acceptable Use Policy as breach of the policy can lead to immediate termination of your account/licence and removal of your posts.

You may use our websites and the content within it for your own lawful purposes only. You may not reproduce any part of our websites or its content unless permitted by these terms and conditions.

You are responsible for your use of our website. You promise that any use of our website will be in accordance with our Content Standards below and that your content does not infringe the copyright of others.

You agree that, if any claim is made against us because of your failure to abide by these terms you will be responsible for the claim and all our costs of dealing with that claim.

If you break this promise, we may bring legal proceedings against you and we will immediately end your use of our website and your licence.

Content standards

General Use of our website and Thrive Online

Once you have entered into a licence with us you will be able to use Thrive-Online only for purposes connected with your work or, if you have purchased a Home Licence, your own family and children living with you.

You must not:

  • reproduce or copy (or assist any third party to reproduce or copy) any part of Thrive-Online or the website
  • access without authority, interfere with, damage or disrupt any part of the website
  • access or attempt to access information held on Thrive-Online about particular children unless you have specific permission to do so.
  • share passwords or allow anyone else to use your password or login.
  • pass on any information you obtain from Thrive-Online without permission.

We permit the following content to be posted:

  • Free text in posted comments
  • Free text in blog comments
  • Symbols (eg Emoji’s)

We want all users to enjoy their use of our websites and we promote free speech but with that comes a responsibility to respect others. We ask that you comply with the spirit and the letter of the following standards.

You may only post content that is:

  • permitted under the Website Terms and Conditions or where otherwise permitted on the website
  • accurate and states facts that might be relied upon; and
  • if you state opinions, these should be genuinely held
  • complies with any applicable UK laws

You must ensure that your content:

  • does not defame anyone;
  • is not obscene, offensive, hateful or inflammatory,
  • does not promote sexually explicit material, violence, illegal activity or unlawful discrimination;
  • does not infringe any copyright, trade mark or other rights;
  • does not have any fraudulent purpose or effect,
  • cannot be used for war, terrorism or other illegal purposes,
  • is not likely to deceive, harass, alarm, annoy or invade the privacy of any person; or
  • does not misrepresent your identity or affiliation with any person including us.

We do not endorse any content posted by you or another user and shall not be responsible for any comment or criticism made by a user of our websites. During your use of our websites you may be exposed to comments that are factually incorrect, offensive or otherwise objectionable to you and you agree to waive any legal right you may have against us with respect to these comments.

You give us a permanent unrestricted right to use your content so that we can broadcast it and re-use it for marketing and other purposes.

Content Belonging to Others

You must respect copyright and confidentiality. You promise to us that if you use content belonging to others or is known to you under a duty of confidentiality, the owner will have agreed to this use. Only upload music, artwork or sounds that you made or that you are authorised to use, including model-release and royalty free images collected in the public domain and including third party videos.

Changes to the acceptable use policy

We may revise these terms at any time by amending this page, so it is advisable that you check this page from time to time.

Contact us

To contact us, please email us at:  enquiries@thriveapproach.com


Terms and conditions of Thrive Membership

Background
(A) Fronting the Challenge Projects Limited (Thrive) has developed and is continuing to develop a system to assist organisations and individuals to recognise and provide strategies and interventions that enable children and young people to develop their emotional maturity and resilience and to engage healthily in the learning process (Approach).

(B) Individual Members or Members that are organisations (You) wish to be trained in the use of the Approach. You acknowledge that there are different Licence Levels or Authorisations (as defined below) and that some courses are only available to Members who have completed the appropriate initial entry course. Individual Members are only granted the rights connected to a Licence Level or be entitled to give a particular course when they have completed the training process appropriate and agreed to the Trainer and Course Leader Terms.

Agreed terms
1. Definitions

1.1 The definitions and rules of interpretation in this clause apply in these terms (the Terms).
Start Date: the date you are registered as a member.
Agreement: your application for registration and these terms.
AUP: the acceptable user policy for Thrive-Online and the Website, the current version of which is set out below.
Authorisations: permission to give specific courses as a Trainer or Course Leader.
Business: the provision of training, mentoring and consultancy services linked to Thrive-Online, the online assessment and action planning tool relating principally to children and young people’s emotional health and wellbeing.
CPD: continuing professional development points awarded by Thrive or an authorised provider for attendance at authorised or qualifying training and networking events.
Delegate’s Pack: Thrive’s training pack and ancillary training documentation prepared for the Members attending a specific course.
Intellectual Property Rights (IPR): all patents, image rights, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, database right, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications and all similar or equivalent rights or forms of protection in any part of the world.
Licence Level: the licence level reached by a Member. A full list of Licence Levels is to be found in the Member’s Handbook.
Marks: the registered and unregistered trade marks used by Thrive from time to time.
Members: anyone who is registered by Thrive as a member.
Member’s Handbook: the handbook which can be accessed online at www.thriveapproach.com which sets out the rules that must be observed by all Members.
Thrive-Online: Thrive’s online assessment tool at www.thriveapproach.com.
Processes, Processing, Personal Data and Data Controller: have the meanings set out in the Data Protection Act 1998 (the 1998 Act).
Website: www.thriveapproach.com and any other Thrive website.

2. Appointment and Term

2.1 Thrive appoints You as a Member of Thrive from the Start Date until terminated in accordance with clause 5.

2.2 You are entitled to describe yourself as a Thrive member and may use the word ‘Thrive’ in that context. You are not permitted to use the Marks in any other manner.

2.3 Gaining any Licensed Levels or Authorisation, will be subject to:
(a) successful completion of the relevant training;
(b) satisfactorily completing any supervision; and
(c) paying the appropriate fee.

2.4 Retaining a Licensed Level or Authorisation will be subject to:
(a) complying with the relevant CPD requirements; and
(b) the payment of any annual fee (which may increase on 90 days’ notice).

2.5 If You are an individual, your Licence Level or Authorisation can be changed through both further training and re-assessment over which Thrive shall have absolute discretion. Only individuals can achieve Licensed Levels or Authorisation.

2.6 Thrive reserves the right to refuse or terminate your training, without any refund of fees paid, if your behaviour is in conflict with Thrive principles or otherwise not conducive to the successful completion of the course.

3. Member’s obligations

3.1 General. In common with all Members of Thrive You shall:
(a) comply with all government DBS requirements and any other relevant legislation, regulations, codes or practice and guidance which apply when working with children;
(b) not do anything which is or could be detrimental to the Approach or the Business;
(c) not train others in the Approach except as permitted by Thrive in writing and in accordance with the Trainer and Course Leader Terms;
(d) comply with obligations set out in the Member’s Handbook;
(e) comply with the CPD requirements in order to preserve your Level or Authorisation;
(f) comply with all reasonable instructions from Thrive;
(g) process any Personal Data in accordance with the 1998 Act;
(h) process any Personal Data only so far as is necessary for the purpose of performing your obligations under this Agreement;
(i) not disclose Personal Data to any third party; and
(j) comply with the AUP when using Thrive-Online.

3.2 You acknowledge that use of Thrive-Online is essential to the Thrive Approach and a separate licence is required in order to use Thrive-Online or the Website.

4. Confidentiality and IPR obligation

You acknowledge that each Delegate’s Pack and all other documentation and information issued by Thrive and relating to the Approach are confidential and protected by copyright. You shall not, and shall not allow anyone at any time without the prior written consent of Thrive, divulge, copy or use whether directly or indirectly for its own benefit or that of others except for the purpose of the training being given, any such information, unless such information has entered the public domain otherwise than by reason of a breach of this Agreement.

4.1 You agree to:
(a) comply with all requests by Thrive as to the use of its IPR and the ™, © and ® symbols in relation to its IPR;
(b) not permit any other person to use any of the Thrive IPR;
(c) use the Thrive IPR only for studying and implementing the Approach in your work or as otherwise permitted by this Agreement.
5. Termination

5.1 If You are alleged to have committed a material breach of this Agreement (including having misused any part of a Delegate’s Pack or other information or documentation supplied by Thrive) or acted in any way to the detriment of a child’s wellbeing, Thrive reserves the right (at its absolute discretion) to suspend You from Membership or suspend your right to carry out training or assessment whilst Thrive investigates the alleged breach.

5.2 If Thrive decides that You have failed to comply with your obligations set out in this Agreement, or acted to the detriment of a child’s wellbeing, Thriveftc shall be entitled to impose conditions or terminate your membership.

5.3 Either You or Thrive may terminate this Agreement immediately on giving notice to the other if the other party commits a breach of any of the material terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 60 days of being notified in writing of the breach.

5.4 On termination for any reason, Thrive may request that You deliver to Thrive any Delegate’s Pack or Member’s Handbook held by You as well as all copies of information provided by Thrive to You for the purposes of this Agreement or otherwise.

5.5 Any termination of this appointment shall not affect any rights or liabilities that have accrued prior to such termination.

6. Indemnity

You shall indemnify Thrive against any loss, cost, or expense incurred by Thrive arising from any act, neglect or default by You.

7. No warranties without authority

You will make no statement, representation or claim and shall give no warranty to any person in respect of the Business, the training courses or the Approach save those which are specifically authorised by Thrive..

8. Waiver

No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that (or any other) right or remedy.

9. Variation

No variation, waiver or agreed termination of this Agreement shall be effective unless it is in writing and signed by Thrive and You.

10. Entire agreement

This Agreement constitutes the entire Agreement between Thrive and You and supersedes all prior Agreements in connection with its subject matter. No director, employee or agent of Thrive is authorised to make any representation or warranty not contained in this Agreement and You acknowledge that You have not relied on any such oral or written representation.


Thrive Training Terms and Conditions

1. GENERAL TERMS
These terms govern all training provided by Fronting the Challenge Projects Ltd (Thrive) to the exclusion of any terms imposed or proposed by you, the client. All communications, including joining instructions, will normally be sent to delegates by email.
2. DEFINITIONS
So as to be clear, the following phrases shall have the following meanings in these Terms:
Course Start Date: the date upon which you receive your e-learning materials, your printed material or undertake shadowing (whichever is first) or, if none, the date of the first training session.
Commissioned Courses: Courses that are provided at your request for your nominated delegates.
Open-Access Courses: Courses open to Thrive members generally.
3. BOOKINGS
Once we confirm a booking, whether verbally or in writing (including email, letter & online confirmations) an agreement will be formed between us. The fee (together with VAT if appropriate) will then be invoiced with payment terms below.
4. PAYMENT TERMS
Commissioned Courses: Invoices will be issued in advance of the Course Start Date and payment is due within 30 days of the invoice date or the Course Start Date, whichever is sooner.
Open-Access Courses: Payment is due on confirmation of your order, and should be received by us at least 14 days prior to the Course Start Date. If the booking is made within 14 days of the Course Start Date, then payment needs to be made immediately.
Payment Method: Payment should be made directly to our bank account using the details on our invoice and quoting the invoice number. Cheques should be made payable to Fronting the Challenge Projects Ltd.
Late Payment: We reserve the right to withdraw any discount offered and/or to levy a late payment charge, calculated at the rate shown on the invoice, if payment is received outside these terms.
5. CANCELLATIONS

5.1 For Commissioned Licensed Practitioner course bookings, where the price agreed is based on a set number of delegates (cluster), we reserve the right to charge you a Cancellation fee in the event that you cancel or postpone the provision of our Services prior to the Course Start Date, or during the course of training, as set out in this table.

Notice providedCancellation Fee
Before course dates are set:No Charge
After course dates are set:100% of Fee

5.2 For all other bookings, we reserve the right to charge you a Cancellation Fee in the event that you cancel or postpone the provision of our Services prior to the Course Start Date, or during the course of training as set out in this table.

Notice providedCancellation Fee
Less than 15 days’ notice:100% of Fee
15-28 days’ notice:50% of Fee
Over 28 days’ notice:No charge

5.3 Cancellation must be provided in writing either by post or email and the time is calculated from the time we receive the notice.  Emails received after 5 pm or on non-working days are deemed received on the next working day. Emails must be sent to training@thriveapproach.com.
5.4 There are no refunds for delegates who fail to attend.  If you alter the size of a Commissioned course this may alter the fees payable.
5.5 Delegates may be substituted at any time prior to the Course Start Date.  Delegates substituted after the start of a course will incur an administration and additional training fee.
5.6 In the event that delegates miss one or more days of training and require the scheduling of additional sessions, an administration and additional training fee will be charged.
5.7 Thrive reserves the right to exclude a delegate from training, at any stage, in the event that, the preparation, behaviour or condition of the delegate, in the opinion of the trainer in charge, is not appropriate or conducive to the training concerned.  The delegate concerned may appeal the decision through the complaints process.
6. COURSE CHANGES
The location and date of the course will normally be as advised at the time of booking. Thrive reserves the right to:
6.1 improve the specification and format of its courses without notice;
6.2 change the Trainers assigned to a course without notice;
6.3 change the location of the course but will advise the delegates as soon as possible; and
6.4 cancel or reschedule any course and will advise the delegates as soon as possible. Thrive will use all reasonable endeavours to avoid cancellation or rescheduling. When cancellation is unavoidable, Thrive will refund, in full, all monies paid, or at your option, apply all monies to a rescheduled or alternative course.
7. FORCE MAJEURE
Thrive shall be entitled to delay, cancel delivery or to reduce the training delivered if it is prevented from, hindered in or delayed in the provision of Services through any circumstances beyond its reasonable control including, but not limited to, strikes, lock-outs, accidents, war, governmental actions, national emergency, acts of terrorism, protests, riot, civil commotion, explosion, flood, epidemic, fire, reduction in or unavailability of power or break-down of equipment.
8. WARRANTY AND LIABILITY
8.1 You accept that it is your responsibility to verify that each of your delegates have the necessary level of competence to be able to achieve the objectives of the course. Thrive’s liability for loss and damage shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the course out of which the loss or damage has arisen. Thrive will not be liable for indirect, special or consequential loss (including loss of anticipated profit or data), howsoever arising, even if it has been advised of such potential loss.
8.2 Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English Law.
9. COPYRIGHT

You acknowledge that the copyright and all other intellectual property rights in all course materials shall remain the sole and exclusive property of Thrive. You undertake that you will not copy or permit the photocopying of course materials, nor disclose, permit the disclosure, sell or hire the same to third parties, nor use the same for running your courses, except those licensed by Thrive.
10. REPRESENTATIONS
No statement, description, information, warranty, condition or recommendation contained in any marketing materials, price list, advertisement or communication or made verbally by any of the agents or employees of Thrive shall be construed to enlarge, vary or override in any way any of these terms and conditions.
11. NON-SOLICITATION
During the term of any contract, and for a period of 12 months thereafter, the you will not directly nor indirectly employ or solicit for employment any members of Thrive’s then current personnel. In respect of any breach of this Clause, Thrive, in addition to any other remedies available in this Agreement or at law, shall be entitled to recover from you liquidated damages of 75% of the gross annual salary of the member of Thrive employed or solicited for employment being a genuine pre-estimate of the lost revenue and the costs of recruiting and training a replacement.


Trainer and Course Leader Terms

These are the Terms on which You, subject to holding the appropriate current Authorisation or Licence Level, may provide training on the Approach.
1. DEFINITIONS
1.1 The definitions and rules of interpretation in this clause apply in these terms (the Terms). Any words defined in the Member Terms shall have the same meaning in these Terms.
Agreement: the Members Agreement and these Terms.
Licensed Training Providers: organisations that have been authorised to offer training in the Approach, the training to be provided by Licensed Trainers or Licensed Course Leaders.
Marketing Materials: any materials provided by Thrive and identified as freely distributable for marketing or awareness building purposes.
Trainer’s Manual: Thrive’s course notes, power point presentations, film clips and other training materials prepared for Trainers or Course Leaders.
TRS Fee (Training Resources & Support Fee): the fee payable by either the Licensed Trainer or Course Leader (unless paid by a Licensed Training Provider) to Thrive, in accordance with clause ‎3, for giving a course, usually based on the number of delegates. A list of current fees is available on request.
2. APPOINTMENT AND TERM
2.1 Thrive permits You to carry out training at your current Licence Level or Authorisation, subject to these Trainer and Course Leader Terms.
3. FEES AND COSTS
3.1 You agree to pay to Thrive the TRS Fee, for all those expected to attend any course on which you will provide training, unless that payment is made by a Licensed Training Provider or Thrive informs you otherwise in writing. The payment must be made prior to the start of the course.
3.2 Thrive will give You 90 days’ notice of any rises in the TRS Fees, but rises will not affect courses which You have already booked in the following six month period.
3.3 You must pay for any and all expenses, costs and charges incurred in carrying out your training courses, unless otherwise agreed by Thrive in advance and in writing.
3.4 You must keep your accounts and records relating to the training courses in a form approved by Thrive. All these records shall be full, accurate, up to date and sufficient to ascertain the identity of persons attending each element of a course and the TRS Fees due. You agree to allow Thrive or its representatives to enter Your premises and take copies of the accounts and records on reasonable notice while You are a Licensed Trainer or Course Leader and for a period of six years afterwards.
3.5 Thrive-Online. You acknowledge that a separate licence is required in order to use Thrive-Online and that use of Thrive-Online will be required for many courses.
4. INSURANCE
4.1 You shall effect and maintain with a reputable insurance company, while You carry out training and for a period of six years after termination, a policy or policies of insurance providing such level of cover as Thrive may specify in the Member’s Handbook or as required by law (whichever is higher) in respect of all risks which may be incurred by You, arising out of your training. Such an insurance policy shall name Thrive as co-insured with You.
5. INTELLECTUAL PROPERTY RIGHTS (IPR)
5.1 You shall not do, or omit to do, anything to diminish the rights of Thrive in its Marks or impair any registration of the Marks.
5.2 If You learn of any threatened or actual infringement of the Thrive IPR, or of any circumstance which suggests that the use of the IPR may infringe the intellectual property of a third party, You must immediately inform Thrive, giving all details as Thrive requests.
5.3 Thrive shall have conduct of any proceedings relating to the Thrive IPR and You agree to co-operate with Thrive in taking such action. Thrive agrees to meet any of your reasonable expenses in doing so.
5.4 You agree:
(a) not to apply for registration of any of the Thrive IPR (or any intellectual property that is confusingly similar to the Thrive IPR) in any part of the world;
(b) to comply with all requests by Thrive as to the use of the Thrive IPR and the ™, © and ® symbols in relation to the IPR;
(c) to give assistance to enable Thrive to register the Thrive IPR;
(d) not to permit any other person to use any of the Thrive IPR;
(e) not to use the Thrive IPR other than as permitted by this Agreement; and
(f) to immediately stop using any advertising or promotional material on receipt of a request by Thrive to do so.
5.5 You acknowledge that:
(a) the Marks are owned by Thrive and any goodwill and reputation developed in connection with them shall vest in Thrive;
(b) any other mark created by the Licensed Trainer and used solely for training on the Approach shall also be owned by Thrive; and
(c) that the copyright in any materials created by You in connection with the Approach or incorporating any part of the Training Manuals, Delegate’s Packs or Marketing Materials is assigned to Thrive.
6. STANDARDS
6.1 You must:
(a) teach and practise the Approach strictly in accordance with the provisions of the appropriate Delegate’s Pack, Trainer’s Manual and the Member’s Handbook;
(b) only train Members unless otherwise specified in respect of that course;
(c) not provide training unless the appropriate TRS Fee has been paid for each delegate. Thrive will, on reasonable notice, confirm whether each of delegates to whom You are proposing to deliver a course are (if required) Members and whether their TRS Fee has been paid;
(d) only give training in the Approach by way of the courses approved by Thrive;
(e) not do anything that will diminish the reputation of the Business, the Approach or the Marks;
(f) not develop, or assist others to develop, services or documentation that:
(i) compete or are intended to compete with the Business or the Approach; or
(ii) use any part of the IPR;
(g) not offer any services or provide any documentation which competes with the Business or the Approach; and
(h) inform Thrive of any improvement, addition or modification to the Business or Approach which comes to your attention.
6.2 Thrive shall be entitled to:
(a) notify You of the reasonable standards of quality which should be applied by You when using its trade marks and providing training in the Approach. You agree to comply with such standards which are defined in Thrive’s Quality Assurance documentation. Any such notification must be in writing and You will be given a reasonable time to adopt any such standards;
(b) attend any training being provided by You; and
(c) suspend or revoke your Authorisation or Licence if you are in breach of these Terms or the Member Terms.
7. MATERIALS
7.1 You shall:
(a) purchase all Trainer’s Manuals and Delegate’s Packs from Thrive;
(b) not use, when providing a course, any written materials (whether paper or electronic) other than Marketing Materials that have been supplied by Thrive;
(c) only use the know-how and training material to provide courses included in your Licensed Level Authorisation;
(d) not make any amendments or deletions to a Delegate’s Pack or Trainer’s Manual;
(e) not modify or reproduce the paper or digital copies of any Delegate’s Pack or Trainer’s Manual in any way; and
(f) destroy all out of date copies of the Delegate’s Pack or the Trainer’s Manual immediately on receiving notification from Thrive.
7.2 You are reminded that the Delegate’s Packs, Trainer’s Manuals and all other information (with the exception of Marketing Materials) issued by Thrive relating to the Approach is confidential.
8. ADVERTISING AND MARKETING.
8.1 You:
(a) may describe yourself as ‘a Thrive Licensed Trainer’ or ‘Licensed Course Leader’ as appropriate;
(b) may advertise and market courses to be given by You in accordance with this agreement as ‘Thrive Approved Courses’;
(c) may make free use of the Marketing Materials for training, awareness and marketing;
(d) may not otherwise use the Marks without permission; and
(e) must send all advertisements and marketing materials to Thrive for prior written approval before they are published. Approval will not be unreasonably withheld or delayed.