Thriver Technologies Inc. is a company incorporated under the laws of Canada (“Thriver”). Thriver has established and operates an online goods and services platform for food and beverage, education, wellness and team building activities designed for corporate clients (the “Thriver Platform”) through Thriver website www.thriver.com (the “Website”).
(d) The Website and the Thriver Platform are provided solely to (collectively, (i) through (iii) are the “Permitted Use”): (i) enable you to view, access and browse vendor Items available to you through the Thriver Platform; (ii) enable you to place orders and pay for Items (each an “Order”); and (iii) enable you to post comments and reviews on the Items and the services provided by the vendor from which you ordered your Items.
We may disclose or transfer your personal information as set out below or as otherwise required or permitted by law.
Thriver reserves the right to change any information, material or content (including, but not limited to, price, features, availability of Items, menus, vendors, posting and reviews of vendors) contained on or provided through the Website or the Thriver Platform (the "Content") at any time, and from time to time, without notice.
(a) Once you have created your Thriver Customer Account you may select Items, choose your desired quantities, and then add them to your cart. Your cart may be edited at any time prior to an Order being created. Once you have made your selection, you may check out the selected items. At this time you will have the opportunity to review your cart items. After your review and confirmation that the items in your cart are correct, you may checkout, provide your debit and credit card information, and an Order will be created and sent to the vendor. Your credit or debit card will be charged when you checkout. You cannot edit or change your cart items once an Order has been created. Your payment will be refunded if the vendor rejects the Order.
(b) If you wish to amend or cancel your Order with a total or partial refund of your Order’s price, you must get in touch with Thriver via email or the Thriver support phone line. Thriver will use reasonable efforts to make the changes you request but does not guarantee that refunds or amendments will be effected unless Thriver is notified of the cancellation of your Order at least 7 days in advance of the Order’s delivery date. Thriver’ ability to make changes to an Order with less than a 7-day prior notice depends on whether the vendor has begun making preparations for the components of the Items in connection with the Order for which you are requesting amendments.
(c) Thriver’s email confirmation of payment for the Order does not indicate that the Order has been accepted by the vendor. It is possible but unlikely that the vendor will be unable to complete your Order. In such a case the vendor will notify Thriver as soon as possible of its inability to fulfil the Order and Thriver will use reasonable efforts communicate that circumstance to you as soon as possible. Thriver will provide you with a refund of the price of your Order within 7 days after communicating to you the cancellation of your Order by the vendor.
(d) You agree that Thriver or the vendor will have no liability to you for Orders that have been rejected by the vendor or Orders that the vendor has been unable to fulfill.
(a) Menu prices listed on the Thriver Platform are in Canadian dollars or US dollars depending on the country of Order and do not include applicable tax and delivery charges. Taxes and delivery charges will be added at check out and paid by you along with the Order price.
(b) Payment for Orders must be made with an accepted credit or debit card through the Thriver Platform. The Thriver Platform uses the third party payment processor to effect charges onto your debit or credit card.
(c) Should the vendor’s menu display an incorrect price for your Order, Thriver will notify you of the same and will use reasonable efforts to provide you with a refund. Thriver or the vendor is under no obligation to fulfill your Order at the incorrect price. Note that prices at the vendor’s menu in the vendor’s physical location and at the Thriver Platform may be different. Any such differences will not entitle you to a refund or a reduction in price of your Order.
(d) Menu prices, delivery charges and any other fees are subject to change at any time at Thriver’s sole discretion.
(a) If you have any problems, questions or suggestions with respect to the Thriver Platform, the Website or your Order, please contact Thriver’s customer care team via email or phone.
(b) If you wish to change or cancel your Order please contact Thriver’s customer care team. Thriver does not guarantee that it will be able to make any changes or refunds on your Orders.
(c) THE VENDOR IS SOLELY RESPONSIBLE FOR THE TIMELY AND ACCURATE DELIVERY OF ALL ITEMS MAKING PART OF AN ORDER. IF THE ORDER WAS NOT DELIVERED ON TIME, THE ITEMS DELIVERED DID NOT MATCH THE CONTENTS OF YOUR ORDER, OR YOU HAVE ANY QUALITY CONCERNS WITH RESPECT TO YOUR ORDER, YOU MUST CONTACT THE VENDOR DIRECTLY AND FOLLOW THE VENDOR COMPLAINT POLICIES AND PROCEDURES. YOU MAY ALSO CONTACT THRIVER CUSTOMER CARE TEAM AND THRIVER CUSTOMER CARE TEAM WILL USE REASONABLE EFFORTS TO ASSIST YOU IN REACHING AN AGREEMENT WITH THE VENDOR REGARDING YOUR COMPLAINT. YOU AGREE THAT THRIVER DOES NOT HAVE ANY CONTROL OVER THE QUALITY OF THE SERVICES OR THE PRODUCTS OFFERED BY THE VENDOR AND THAT THRIVER WILL HAVE NO LIABILITY TO YOU FOR ANY PROBLEMS CAUSED BY THE VENDOR CONCERNING YOUR ORDERS, INCLUDING, WITHOUT LIMITATION, MISSED OR LATE DELIVERIES, MISSED ITEMS, AND ANY PROBLEMS WITH RESPECT TO THE QUALITY OF THE ITEMS DELIVERED.
(a) By submitting content to the Thriver Platform or Thriver, including any Browsing
(b) Thriver takes no responsibility and assumes no liability for any Submissions posted or submitted by you. Thriver has no obligation to post your Submissions and reserves the right, in its absolute discretion, to determine which Submissions are published on the Thriver Platform. If you do not agree to any of the foregoing, please do not provide us with any Submissions. You acknowledge that Thriver may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.
(c) You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to the Thriver Platform. You will not post or transmit to or from the Thriver Platform: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that does or may violate rights of publicity or privacy, or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that does or may infringe, misappropriate or violate any copyright, trademark, patent right or other intellectual propriety right of any third party. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Thriver Platform.
(a) All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Thriver Platform, are owned or licensed by Thriver and are protected by copyright, trade-mark and other intellectual property laws.
(c) All contents of the Thriver website are: © 2020 Thriver Technologies Inc.
(b) Please note that vendors may have additional privacy policies or statements which govern their practices in collecting, storing, using and disclosing your Personal Information. Please read those additional privacy policies or statements carefully. You hereby represent and warrant to Thriver that you have familiarized yourself and agree with those privacy policies or statements imposed by any vendor with whom you elect to deal through the Thriver Platform.
You will not, without Thriver's prior written permission, use the Thriver Platform, the Website and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (a) “frame”, “mirror” or otherwise incorporate the Thriver Platform, the Website or the Content or any part thereof on any commercial or non-commercial website; (b) access, monitor or copy any part of the Thriver Platform, the Website or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without Thriver’s express written permission; (c) violate the restrictions in any robot exclusion headers on the Content, the Website or the Thriver Platform or bypass or circumvent other measures employed to prevent or limit access to the Website or the Thriver Platform; (d) take any action that imposes, or may impose, in Thriver’s discretion, an unreasonable or disproportionately large load on the Website or the Thriver Platform; (e) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Thriver Platform, the Website or the Content; (f) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Thriver Platform, the Website, or any vendor menu, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Thriver Platform or the Website; (g) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Thriver Platform or the Website; (h) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Thriver Platform, the Website or the Content; (i) create derivative works based on the Thriver Platform, the Website or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the Thriver Platform, the Website or the Content; (j) use of access the Thriver Platform or the Website in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or (k) upload to or transmit through the Thriver Platform or the Website any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by Thriver in its sole discretion.
The Thriver Platform or the Website may provide links to third party Website. Thriver does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Thriver's control, and if you choose to access any such website, you do so entirely at your own risk.
Thriver does not guarantee the confidentiality of any communications made by you through the Thriver Platform or the Website. Although Thriver generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Thriver Platform and the Website, you understand, agree and acknowledge that Thriver cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Thriver Platform or the Website.
The downloading and viewing of Content is done at your own risk. Thriver cannot and does not guarantee or warrant that the Thriver Platform, the Website or the Content are compatible with your computer system or that the Thriver Platform, the Website or the Content, or any links from the Thriver Platform, the Website or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website or the Thriver Platform.
The Payment processing service for the Thriver Platform is provided by a globally recognized payment company (collectively referred to herein as the “Payment Processing Services Provider”). By placing an Order through the Thriver Platform, you acknowledge and agree that you are legally authorized to use the payment card to complete the Order. You hereby authorize Thriver to share with the Payment Processing Services Provider that financial information, banking details and transaction information related to your use of the payment processing services and the Thriver Platform. You also agree that Thriver is not responsible for the use or misuse of such financial information, banking details and transaction information by the Payment Processing Services Provider or any third party.
(a) THE WEBSITE, THE THRIVER PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEBSITE, THE THRIVER PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. THRIVER DOES NOT MAKE ANY
REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE WEBSITE, THE THRIVER PLATFORM OR THE CONTENT. THE WEBSITE, THE THRIVER PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITAITON, AVAILABILITY OR PRICING ERRORS. THRIVER DOES NOT ASSUME ANY RESPONSIBILITY FOR
ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WEBSITE, THE THRIVER PLATFORM OR THE CONTENT. IN ADDITION, THRIVER EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE WEBSITE, THE THRIVER PLATFORM AND THE CONTENT.
(b) THRIVER MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC BROWSING USERS’ OR THRIVER CUSTOMERS’ SUBMISSIONS.
(c) TO THE FULLEST EXTENT PERMITTED BY LAW, THRIVER DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE, THRIVER PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE WEBSITE, THE THRIVER PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL
THRIVER BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT THRIVER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR
RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE, THE THRIVER PLATFORM OR THE CONTENT.
(d) VENDORS MARKETING THEIR PRODUCTS AND SERVICES THROUGH THE THRIVER PLATFORM ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF THRIVER. THRIVER IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY VENDORS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE SERVICES AND THE PRODUCTS OFFERED BY THE VENDORS.
(f) THE LIMITATION ABOVE REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify and hold harmless Thriver and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:
(b) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);
(c) your use of the Website or the Thriver Platform;
(d) breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf or with your permission; or
(e) any product or services provided to you (or a third party acting on your behalf) by a vendor.
Not all of the Thriver Platform services are available in all jurisdictions. Furthermore, nothing on the Thriver Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
(b) Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Website, the Thriver Platform or the Content.