TERMS AND CONDITIONS of Thriviae Pty Ltd

1. About the Websites and Benchmarks

  1. Welcome to thriviae.com, demo.thriViae.com, app.synata.ai (Websites). The Website facilitates interactions between:
    1. parties providing services (Provider); and
    2. parties receiving services (Receiver),

making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (Services).

  • The Websites are operated by Thriviae Pty Ltd (ACN 671655093). Access to and use of the Website, or any of its associated products or Services, is provided by ThriviaePty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Websites, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Websites, or any of the products or Services, immediately.
  • Thriviae Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Thriviae Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

  1. You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Thriviae Pty Ltd in the user interface.

3. The Services

  1. In order to access some of our Services, the Receiver may be required to register for an account through the Websites or QR Codes.
  2. As part of the registration process, or as part of your continued use of the Websites, you may be required to provide personal information about yourself (such as identification or contact details), including:
    1. Email address
    2. Preferred username
    3. Password
    4. Full Name
  3. You warrant that any information you give to Thriviae Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the
  4. Websites (Members) and agree to be bound by the Terms.
  5. You may not use the Services and may not accept the Terms if:
    1. you are not of legal age to form a binding contract with Thriviae Pty Ltd; or
    2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

As a Member, you agree to comply with the following:

  1. you will not share your profile with any other person;
  2. you will use the Services only for purposes that are permitted by:
    1. the Terms; and
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  3. you have sole responsibility for protecting the confidentiality of your password and/or email
    address. Use of your password by any other person may result in the immediate cancellation of the Services;
  4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Thriviae Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  5. you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
  6.  any content that you broadcast, publish, upload, transmit, post or distribute on the Websites (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
  7. you agree not to harass, impersonate, stalk, threaten another Member (where interaction with other Members is made available to you);
  8.  access and use of the services is limited, non-transferable and allows for the sole use of the Websites by you for the purposes of receiving the Services;
  9. you will not use the Services or the Websites in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Thriviae Pty Ltd;
  10. you will not use the Services or Websites for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Websites; you agree that commercial advertisements, affiliate links and other forms of solicitation
  11. may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Thriviae Pty Ltd for any illegal or unauthorised use of the Websites; and
  12. you acknowledge and agree that any automated use of the Websites or Services is prohibited.

5. Using the Websites as the Receiver

  1. Select the product or service you require. Complete the customer information and payment request process. Access your content and / or schedule your service(s).

6 Using our Benchmarks and Chatbots

  • Our AI tools, including chat features are designed to provide general information and guidance on various topics related workplace dynamics. They also allow you to connect with and receive information from our organisation to learn more about the services we offer.

Limitations and Accuracy

  • Please be aware that our AI tools operate as an automated system, and it may not always provide 100% accurate information. While the chatbot strives to provide accurate and helpful responses, the information it provides may not always be accurate, exhaustive, up-to-date or complete. We encourage you to verify any information provided by our AI Chat services before taking any action or making any decision based on the information received. We assume no liability nor give any guarantee for the accuracy or completeness of the information provided.

Not Professional Advice

  • Please note that the information provided by our AI Chatbots is not intended to be a substitute for professional advice or in lieu of speaking to or consulting an actual person. The AI Chatbot automatically compiles information into responses and is not designed to provide any career, legal, clinical, mental health or any other advice. Do not rely on the information provided by the chatbot as a substitute for professional advice, discussion or consultation from a real person.

Liability Disclaimer

  • By using our AI Chatbot, you agree to bear sole responsibility for your interactions and reliance on the information provided by our AI Chatbot. We shall not be held liable for any errors or omissions in the information provided by our AI Chatbot or for any actions taken or not taken in reliance upon it. We further expressly disclaim any liability for any direct or indirect damages arising from the use or reliance on our AI Chatbot’s responses.

Restrictions on Use

By using our AI Chatbot, you agree:

(a) not to post, send or share defamatory, offensive, intimidating, illegal, racist, discriminatory, obscene or inappropriate content in any form through our AI Chatbot;

(b) not to use our AI Chatbot to conduct illegal or immoral activities;

(c) not to attempt to compromise the security of our AI Chatbot or access confidential information related to us; and

(d) not to copy, distribute, modify, reverse engineer, decompile or attempt to extract the source code of our AI Chatbot or any part that composes it, without our prior written consent.

2. Data Privacy and Security

We take your privacy seriously, and we want you to understand how we collect, use, and protect your personal information. 

When you interact with our Websites, we may collect personal information, such as your name, email address, location and employment details (including job title, industry and employer), depending on the conversation. If personal information is shared with us, we use it for the purposes of providing support and responding to your inquiries and improving our quality and performance.  We retain personal information in accordance with Privacy Policy, including to comply with our legal obligations.

DO NOT INCLUDE SENSITIVE PERSONAL INFORMATION IN THE CHATBOT.

Please contact us immediately at cu*************@th******.com if you have inadvertently disclosed any sensitive information or unnecessary data into the Chatbot that you would like to be removed from our systems.

We will not share your personal information with third parties unless we have your consent or are required by law to do so.

For more information on how we handle your personal data, please refer to our Privacy Policy found at https://thriviae.com/privacy-policy/.

3.Agreement and Contact Information

By using our Websites and interacting with our AI Chatbot, you agree to the terms of this Disclaimer and Privacy Notice. If you have any questions or concerns about our privacy practices, please contact us at cu*************@th******.com.

7. Payment

  1. By Thriviae Pty Ltd offering the Services to you, you agree that: You pay all fees and charges for the products or services provided.
  2. All payments made in the course of your use of the Services are made using stripe.com. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the stripe.com terms and conditions which are available on their website.

8. Refund Policy

  1. All Receivers agree to comply with the Australian Consumer Law. Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.
  2. Since Thriviae Pty Ltd is only a facilitator in introducing the Receiver to the payment provider and providing a system to make safe payment, Thriviae Pty Ltd does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
  3.  Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the payment provider or believes that they may be entitled to a refund, then Thriviae Pty Ltd requires the Receiver to:
    1. contact the Provider directly to request a refund; and
    2. if contacting the Provider is not successful after fourteen (14) days, contact Thriviae Pty Ltd using the customer service email provided in these terms outlining why you believe you are entitled to a refund.

9. Copyright and Intellectual Property

  1. The Websites, the Services and all of the related products of Thriviae Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Thriviae Pty Ltd or its contributors.
  2. All trademarks, service marks and trade names are owned, registered and/or licensed by Thriviae Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
    1. use the Website pursuant to the Terms;
    2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
    3. print pages from the Website for your own personal and non-commercial use.

Thriviae Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Thriviae Pty Ltd.

  • Thriviae Pty Ltd retains all rights, title and interest in and to the Websites and all related Services. Nothing you do on or in relation to the Websites will transfer any:
    1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
    2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
    3.  a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you
  • You may not, without the prior written permission of Thriviae Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

10. Privacy

  1. Thriviae Pty Ltd takes your privacy seriously and any information provided through your use of the Websites and/or Services are subject to Thriviae Pty Ltd’s Privacy Policy, which is available on the Website.

11. General Disclaimer

  1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  2. Subject to this clause, and to the extent permitted by law:
    1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
    2. Thriviae Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise
  • Use of the Websites and the Services is at your own risk. Everything on the Websites and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Thriviae Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Thriviae Pty Ltd) referred to on the Websites. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    2. the accuracy, suitability or currency of any information on the Websites, the Services, or any of its Services related products (including third party material and advertisements on the Websites);
    3. costs incurred as a result of you using the Websites, the Services or any of the products of Thriviae Pty Ltd; and
    4. the Services or operation in respect to links which are provided for your convenience.
  • You acknowledge that Thriviae Pty Ltd Websites and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Thriviae Pty Ltd
    holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

12. Competitors

  1. If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Thriviae Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Thriviae Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

13. Limitation of Liability

  1. Thriviae Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
  2. You expressly understand and agree that Thriviae Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  3. You acknowledge and agree that Thriviae Pty Ltd holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.

14. Termination of Contract

  1. If you want to terminate the Terms, you may do so by providing Thriviae Pty Ltd with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to Thriviae Ltd via the customer services email available in these terms.
  2. Thriviae Pty Ltd may at any time, terminate the Terms with you if:
    1. you have breached any provision of the Terms or intend to breach any provision;
    2. Thriviae Pty Ltd is required to do so by law;
    3. Thriviae Pty Ltd is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
    4. the provision of the Services to you by Thriviae Pty Ltd is, in the opinion of Thriviae Pty Ltd, no longer commercially viable.
  3. Subject to local applicable laws, Thriviae Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Websites or the Services without notice if
    you breach any provision of the Terms or any applicable law or if your conduct impacts Thriviae Pty Ltd’s name or reputation or violates the rights of those of another party.
  4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Thriviae Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

15. Indemnity

  1. You agree to indemnify Thriviae Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    1.  all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Services;
    2. any direct or indirect consequences of you accessing, using or transacting on the Website or use of our Services.

16. Dispute Resolution

  1. Compulsory:
    1.  If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  2. Notice:
    1. A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  3. Resolution:
    1. On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
    1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the If a dispute arises in relation to these terms, a mediation body can be used by the parties to resolve the dispute. Here is a list of all mediation bodies in Australia – www.amr.asn.au. The most popular choices are the ‘Australian Mediation Association’ or the ‘Conflict Resolution Service’.;
    3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    4. The mediation will be held in Sydney, Australia
  4. Confidential:
    1. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
  5. Termination of Mediation:
    1. If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

17. Venue and Jurisdiction

  1. The Services offered by Thriviae Pty Ltd are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

18. Governing Law

  1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

19. Severance

  1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.