Thrive : About : Conditions : 2013 09 23

These are the Terms and Conditions from September 2013 to February 2016.

Members are now required to accept the current Terms and Conditions.

Background

(A) Fronting the Challenge Projects Limited (Thrive^ftc) 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 (as defined below) and that individual Members are only be granted the rights connected to a Licence Level or be entitled to give a particular course when they have completed the training process appropriate for such level or course.

Agreed terms

1. Definitions

1.1 The definitions and rules of interpretation in this clause apply in these terms (the Terms).
Start Date: as defined on the front sheet.
Agreement: the front sheet and these terms.
AUP: the acceptable user policy for Thrive^ftc-Online, the current version of which is set out below.
Business: the provision of training, mentoring and consultancy services linked to Thrive^ftc-Online, the on-line assessment and action planning tool relating to children and young people's emotional health and wellbeing.
CPD: continuing professional development points awarded by Thrive^ftc or an authorised provider for attendance at authorised or qualifying training and networking events.
Delegate's Pack: Thrive^ftc'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 for, and renewals or extensions of, such rights, 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
Mark: as shown on the front sheet and any other use of the 'Thrive' mark used by Thrive from time to time.
Members: anyone who is registered by Thrive^ftc as a member.
Member's Handbook: the handbook which can be accessed online at www.thriveftc.com which sets out the rules that must be observed by all Members.
Thrive^ftc-Online: Thrive^ftc's online assessment tool which can be accessed at www.thriveftc.com.
Processes, Processing, Personal Data and Data Controller: have the meanings set out in the Data Protection Act 1998.

1.2 References to any clause or Schedule shall be to the particular clause or Schedule contained in this Agreement.

2. Appointment and Term

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

2.2 You are entitled to describe yourself as a Thrive^ftc member and use the Mark solely for that purpose.

2.3 Gaining any Licenced Levels, if you are an individual, 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 Licenced Level will be subject to:
(a) complying with the relevant CPD requirements; and
(b) if appropriate, the payment of an annual fee.

2.5 If you are an individual, your Licence Level can be changed through both further training and re-assessment over which Thrive^ftc shall have absolute discretion. Only individuals can achieve Licenced Levels or be entitled to give courses.

3. Member's obligations

3.1 General. In common with all Members of Thrive^ftc You shall:
(a) comply with all government CRB 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^ftc in writing;
(d) comply with obligations set out in the Member's Handbook;
(e) comply with the CPD requirements relevant to You in order to preserve Your Level;
(f) comply with all reasonable instructions from Thrive^ftc; and
(g) comply with the AUP when using Thrive^ftc-Online.

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

4. Confidentiality and IPR obligation

You acknowledge that each Delegate's Pack and all other documentation and information issued by Thrive^ftc and relating to the Approach is confidential and protected by copyright. You shall not, and shall ensure that no other person shall, at any time without the prior written consent of Thrive^ftc (whether before or after termination of this Agreement) divulge, copy or use whether directly or indirectly for its own benefit or that of any other person, firm or company 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^ftc as to the use of it's IPR and the ™, © and ® symbols in relation to the IPR;
(b) not permit any other person to use any of the IPR;
(c) use the 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^ftc) or acted in any way to the detriment of a child's wellbeing, Thrive^ftc reserves the right (at its absolute discretion) to suspend You from Membership whilst Thrive^ftc investigates the alleged breach.

5.2 If Thrive^ftc 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, Thrive^ftc shall be entitled to impose conditions or terminate Your membership.

5.3 Either You or Thrive^ftc 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^ftc may request that You deliver to Thrive^ftc any Delegate's Pack or Member's Handbook held by You as well as and all copies of information provided by Thrive^ftc 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^ftc against any loss, cost, or expense incurred by Thrive^ftc arising from any act, neglect or default by You.

7. No warranties without authority

You shall 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^ftc.

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^ftc 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^ftc 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.

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may use Thrive^ftc-Online and applies to all users of Thrive^ftc-Online.

Using Thrive^ftc-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 Thrive^ftc-Online.

Prohibited uses

You agree:

You will use our site only for purposes connected with your work or, if you have purchased a Home Licence, your own family.
Not to reproduce or copy (or assist any third party to reproduce or copy) any part of Thrive^ftc-Online.
Not to access without authority, interfere with, damage or disrupt any part of Thrive^ftc-Online.
Not to access or attempt to access information held on Thrive^ftc-Online about particular children unless you have specific permission to do so.
Not to share passwords or allow anyone else to use your password or login.
Not pass on any information you obtain from Thrive^ftc-Online without permission.

Content standards

These content standards apply to any and all material which you contribute to Thrive^ftc-Online. You must comply with the spirit of the following standards as well as the letter.

Contributions must:

If factual, be accurate.
If opinions, be genuinely held.
Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Infringe any copyright, database right or trade mark of any other person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Termination