Welcome to Thriwe! These Terms of Use ("Terms") are a contract between you and Thriwe Inc. ("Thriwe" or "we") and govern your access to and use of any Thriwe website, or content (the "Site") or any fitness, recreational, wellness, or other classes, experiences, activities, events, services, recordings, and/or products made available through Thriwe. Please read these Terms carefully before accessing and/or using the Site.
These terms contain a binding arbitration agreement and class action waiver that require you to arbitrate all disputes you have with class pass on an individual basis. Please see section 18 for more information about the arbitration agreement and class action waiver. You expressly agree that disputes between you and Thriwe will be resolved by binding, individual arbitration, and you hereby waive your right to participate in a class action lawsuit or class wide arbitration.
a) Acceptance of Terms. By accessing and/or using the Site and/or Classes, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Classes.
b) Amendment of Terms. Thriwe may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Classes after such posting constitutes your consent to be bound by the Terms, as amended.
c) Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. The Thriwe Privacy Policy is hereby incorporated by reference.
a) Thriwe Platform. The Thriwe platform enables consumers to reserve, schedule, purchase, access and attend a wide range of fitness, recreational and wellness Classes offered and operated by fitness studios, gyms, trainers, venues or other third parties (collectively, "Venues"). Thriwe itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and does not own, operate or control any of the Classes that are offered at or through such facilities.
b) Membership Options. There are several ways to participate in Classes through Thriwe, such as various subscription plans, promotional plans, digital Classes, and non-subscription purchases. These options consist of different classes, services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. From time to time we may permit non-subscribers to access certain Classes, content or features for a cost or at no cost. Thriwe makes no commitment on the quantity, availability, type or frequency at which such Classes, content and features will be available to non-subscribers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.
c) Subscription Plans. To enjoy full access to the Site and Classes, you need to sign up for a subscription. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a "Subscription Cycle"). Your Thriwe subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. For example, if you purchase your Thriwe subscription on April 5, your subscription will automatically renew on May 5 (as further explained in "Subscription Cycles," below). You must provide us with a current, valid, accepted method of payment ("Payment Method"). We may update the accepted methods from time to times. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until canceled or terminated.
d) Thriwe Account. Your Thriwe account is personal to you and you agree not to create more than one account. You cannot transfer or gift Classes or credits to third parties or allow third parties to use your Thriwe account, including other Thriwe users. You must not use or exploit the Site and/or Classes for commercial purposes. We continually update and test various aspects of the Thriwe platform. We reserve the right to, and by using the Site and/or Classes you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Thriwe may take actions we deem reasonably necessary to prevent fraud and abuse.
You agree that the information you provide to Thriwe at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site you must have access to the Internet and may be required to download a Thriwe mobile application to use some or all of Thriwe features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Classes.
e) Eligibility. The availability of all or part of our Site and/or Classes may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Thriwe or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use the Site and/or Classes and/or purchase a Thriwe subscription. You further understand that the Site and/or Classes may not be available in every geography.
Thriwe currently operates in the following countries: India, US, Canada, UK, Australia, New Zealand, Singapore, UAE, Malaysia, Thailand, Hong Kong, Dubai, and Scotland.
f) Communications: By providing your information or creating an account, you agree that Thriwe may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a Thriwe account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time.
g) Subscribing Organizations. If you have express permission from Thriwe to open or use an account on behalf of a company, entity, or organization (a "Subscribing Organization"), then you represent and warrant that you are an authorized representative of such organization with the authority to bind such it to these Terms; and agree to be bound by these Terms on its behalf.
a) Gift Cards. From time to time we may make available gift cards for Thriwe membership. The current terms that apply to gift cards can be found here. Other than gifting a gift card as described in the gift card terms, you may not gift Experience or credits to the third parties and your use of Thriwe is personal to you.
b) Refer a Friend. From time to time we may make available certain incentives for Thriwe users to refer a friend to use Thriwe. The current terms that apply to referrals can be found here.
c) Other Promotions. Thriwe may offer additional types of offers and promotions which will be subject to additional terms and conditions that Thriwe may provide.
You understand and agree that, at any time and without prior notice Thriwe may (1) terminate, cancel, deactivate, disable, delete and/or suspend your subscription, your account, any orders placed, or your access to or use of the Site, your membership and/or Classes (or any portion thereof, including but not limited to your access to any or all Venues, credits or classes or services) and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site , including of your subscription. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Thriwe shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are subscriber, then upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for classes or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, Classes and/or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Thriwe will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription. If Thriwe deletes your account for these reasons, you may not reregister for or use the Site and/or Classes under any other user name, email, payment method or profile. Thriwe may block your access to the Site to prevent re-registration.
Your privacy is important to Thriwe. The Thriwe Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Thriwe’ collection, use, and disclosure of your personal information. When you make a reservation, the applicable Venue partner will have access to certain information about you, such as your name and email address, so it can provide services to you, communicate with you regarding the class you reserved and send you other communication that may be of interest to you such as marketing offers. Please see the Privacy Policy for more information.
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
a) General. The Site provides certain features which enable you and other users to submit, post, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site ("User Submissions"). Thriwe does not guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to, share with or make accessible to the Site. You understand and agree that User Submissions may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Thriwe’ platform), including any Venue, may read or have access to your User Submissions. Thriwe is not responsible for the use or disclosure of any information that you disclose in connection with User Submissions, including any personal information. User Submissions are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Thriwe. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Thriwe, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
b) Right to Remove or Edit User Submissions. Thriwe makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Thriwe complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see the "Digital Millennium Copyright Act" section below). Thriwe may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that Thriwe determines in its sole discretion to violate the standards of this Site. Thriwe takes no responsibility and assumes no liability for any User Submissions.
c) License Grant by You to Thriwe. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Thriwe, you hereby grant Thriwe and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the "Thriwe Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Thriwe’s (and its successors’) business, for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
d) User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting, sharing, displaying, publishing them or otherwise making them available. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Thriwe to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Thriwe and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Thriwe’ or any Thriwe Licensee’s use of such User Submissions pursuant to these Terms, and Thriwe’ or any of Thriwe Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice or false advertising; (c) violate any applicable law or regulation or these Terms or; (d) exploits minors; or (e) require obtaining a license from or paying fees or royalties to you or any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
e) Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Thriwe does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THRIWE WITH RESPECT THERETO.
f) Feedback. If you provide Thriwe with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site ("Feedback"), Thriwe shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Thriwe a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.
g) Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Thriwe may have at law or in equity.
h) Thriwe Ratings. You may be required to rate your Classes and/or other Thriwe experiences that you reserve.
a) The Thriwe website and mobile applications are owned and operated by Thriwe. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Site provided by Thriwe ("Content") are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Content contained on the Site are the copyrighted property of Thriwe or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Thriwe or its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by Thriwe, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and may only access the Content for your personal, non-commercial use. If Content are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved.
b) By installing, copying, or otherwise using the Site or its software, you acknowledge that you have read and understood these Terms, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy, or use the Site or Content.
c) You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Site or Content. You agree to abide by the rules and policies established from time to time by Thriwe. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Site and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.
You agree not to make any use of the Content that would infringe the copyright therein.
d) The Site and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your individual, personal, noncommercial entertainment use.
e) You agree not to share your Thriwe account with anyone other than yourself nor will you allow anyone other than yourself to access or use any Content accessible on or through the Site, including but not limited to sound recordings and/or musical compositions. You agree that you will not attempt to modify any software or Content obtained through the Site for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content. You further understand that you are not granted any commercial, sale, resale, reproduction, distribution, or promotional use rights for the Content, or any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition and any unauthorized reproduction or distribution of Content is expressly prohibited and may violate applicable law. You are not permitted to modify, edit or repurpose any Content.
f) You represent, warrant and agree that you are using the Site hereunder for your own personal, noncommercial entertainment use and not for redistribution or transfer of any kind. You agree (a) not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Site, (b) you will comply with all applicable laws in your use of the Content, (c) that you will remain a resident of the United States for the duration of your use of the Site.
g) You understand and agree the Content may be owned by Thriwe or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. All owners and providers of Content expressly reserve their rights in and to such Content and you are not permitted to infringe the rights of the copyright owner(s) of the Content, including but not limited to any sound recordings or musical compositions.
h) Thriwe and/or the owners of the Content may, from time to time, remove Content from the Site without notice.
i) The owners of Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.
j) The Site, including all software, Content and other information, materials and products included on or otherwise made available to you through the Service are provided "as-is" and "as available" without warranties of any kind from Thriwe or any owners of Content. To the full extent permissible by applicable law, Thriwe and all owners of Content disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Thriwe nor any owner of Content warrants that the Site or any software, Content, information, materials or products included on or otherwise made available to you through the Site are free of viruses or other harmful components.
k) Neither Thriwe nor any owner of content will be liable for any incidental, punitive, special or consequential damages of any kind arising from the use of the site or from software, content, information, materials or products included on or otherwise made available to you through the site, or for any damages in excess of the amount paid for the specific item of content giving rise to the applicable claim for damages.
a) The Thriwe website and mobile applications are owned and operated by Thriwe. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Site provided by Thriwe ("Content") are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Content contained on the Site are the copyrighted property of Thriwe or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Thriwe or its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by Thriwe, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and may only access the Content for your personal, non-commercial use. If Content are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved.
b) By installing, copying, or otherwise using the Site or its software, you acknowledge that you have read and understood these Terms, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy, or use the Site or Content.
c) You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Site or Content. You agree to abide by the rules and policies established from time to time by Thriwe. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Site and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.
You agree not to make any use of the Content that would infringe the copyright therein.
d) The Site and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your individual, personal, noncommercial entertainment use.
e) You agree not to share your Thriwe account with anyone other than yourself nor will you allow anyone other than yourself to access or use any Content accessible on or through the Site, including but not limited to sound recordings and/or musical compositions. You agree that you will not attempt to modify any software or Content obtained through the Site for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content. You further understand that you are not granted any commercial, sale, resale, reproduction, distribution, or promotional use rights for the Content, or any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition and any unauthorized reproduction or distribution of Content is expressly prohibited and may violate applicable law. You are not permitted to modify, edit or repurpose any Content.
f) You represent, warrant and agree that you are using the Site hereunder for your own personal, noncommercial entertainment use and not for redistribution or transfer of any kind. You agree (a) not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Site, (b) you will comply with all applicable laws in your use of the Content, (c) that you will remain a resident of the United States for the duration of your use of the Site.
g) You understand and agree the Content may be owned by Thriwe or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. All owners and providers of Content expressly reserve their rights in and to such Content and you are not permitted to infringe the rights of the copyright owner(s) of the Content, including but not limited to any sound recordings or musical compositions.
h) Thriwe and/or the owners of the Content may, from time to time, remove Content from the Site without notice.
i) The owners of Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.
j) The Site, including all software, Content and other information, materials and products included on or otherwise made available to you through the Service are provided "as-is" and "as available" without warranties of any kind from Thriwe or any owners of Content. To the full extent permissible by applicable law, Thriwe and all owners of Content disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Thriwe nor any owner of Content warrants that the Site or any software, Content, information, materials or products included on or otherwise made available to you through the Site are free of viruses or other harmful components.
k) Neither Thriwe nor any owner of content will be liable for any incidental, punitive, special or consequential damages of any kind arising from the use of the site or from software, content, information, materials or products included on or otherwise made available to you through the site, or for any damages in excess of the amount paid for the specific item of content giving rise to the applicable claim for damages.
The Site may include links or access to other web sites or services ("Linked Sites") solely as a convenience to users. Thriwe does not endorse any such Linked Sites, or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Thriwe makes no express or implied warranties about the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site are solely between you and such third party. YOU AGREE THAT THRIWE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE SITE.
You acknowledge and agree that by clicking on the button labeled "CONFIRM PURCHASE," "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT" or such similar links as may be designated by Thriwe to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY THRIWE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by other than electronic means.
Classes and other non-Thriwe products and services made available via the site are provided by third parties (and the descriptions of the foregoing posted on the site are provided by such third parties), not Thriwe. To the fullest extent permissible pursuant to applicable law, your use of the site and your attendance at, participation in, purchase and/or use of the classes, is solely at your own risk. We do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the site and/or classes.
In no event shall Thriwe be liable for any act, error or omission by any third party, including, without limitation, any which arises out of or is any way connected with a user’s attendance, use of or participation in a class or product, or the performance or non-performance of any third party. Thriwe is not an agent of any third-party.
All aspects of or content or features available through the site and/or classes are provided "as is" and "as available" without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Thriwe, on behalf of itself and its suppliers and partners, disclaims and excludes all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Without limiting the foregoing, Thriwe does not warrant or make any representations (i) that the site and/or any class is suitable for you or will meet your personal needs, (ii) regarding the adequacy or safety of any class or recommendation, (iii) that the site and/or any class, or any aspect thereof, will be available or permitted in your jurisdiction, (iv) that the site, or any aspect thereof, will be uninterrupted or error-free, that defects will be corrected, or that the site and any downloadable software, content, services, or applications made available in conjunction with or through the site or the server that makes them available are free of viruses or other harmful components, or (v) regarding the use of the site and any downloadable software, content, services, or applications made available in conjunction with or through the site in terms of correctness, accuracy, reliability, or otherwise. Any material, content or data that you download or otherwise obtain through the site is at your own risk. You are solely responsible for any damages to your computer system or loss of data resulting from the download of such material, content or data.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the disclaimers, exclusions, or limitations set forth in these terms might not apply to you, and you might have additional rights. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of 30 days after the date on which you first used the site, and no warranties shall apply after such period.
You understand that Thriwe is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and the classes they provide are operated and delivered by the applicable venue and not by Thriwe. Thriwe is not responsible for the quality of any class provided by a venue or third party (including but not limited to the facility, instructor or curriculum). You are solely responsible for determining whether the class or recommendations available on or through the site and/or classes are right for you.
You understand that there are certain inherent risks and dangers in exercising and that the classes you may attend or participate in offer a range of activity and intensity levels. By using Thriwe (including but not limited to attending, participating in or using a class), you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm.
You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional prior to using Thriwe (including but not limited to attending, participating in or using a class) and to determine if and how participating is appropriate for you. Do not use classes if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.
You also understand and agree that the site offers fitness and related information that is designed for informational, educational and entertainment purposes only. Nothing stated or posted on or otherwise available through any aspect of the site and/or a class is intended to be, and must not be taken to be, the practice of medical, professional or counseling care. You should not rely on any information on or through the site and/or a class as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or fitness level, you should always consult a physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read or heard on or through the site and/or a class. The use of any of the content, recommendations and information provided on or through Thriwe is solely at your own risk. The site is continually under development and Thriwe makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in research may impact the fitness or related advice that appears on or in connection with the site. No assurance can be given that the advice or recommendations contained in or through the site and/or a class will always include the most recent findings or developments with respect to the material or content.
Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless Thriwe, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of the site and/or attendance at, participation in, purchase of and/or use of any class) including but not limited to with respect to bodily injury, physical harm, loss, illness, death or property damage.
You understand that Thriwe is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and the classes they provide are operated and delivered by the applicable venue and not by Thriwe. Thriwe is not responsible for the quality of any class provided by a venue or third party (including but not limited to the facility, instructor or curriculum). You are solely responsible for determining whether the class or recommendations available on or through the site and/or classes are right for you.
You understand that there are certain inherent risks and dangers in exercising and that the classes you may attend or participate in offer a range of activity and intensity levels. By using Thriwe (including but not limited to attending, participating in or using a class), you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm.
You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional prior to using Thriwe (including but not limited to attending, participating in or using a class) and to determine if and how participating is appropriate for you. Do not use classes if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.
You also understand and agree that the site offers fitness and related information that is designed for informational, educational and entertainment purposes only. Nothing stated or posted on or otherwise available through any aspect of the site and/or a class is intended to be, and must not be taken to be, the practice of medical, professional or counseling care. You should not rely on any information on or through the site and/or a class as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or fitness level, you should always consult a physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read or heard on or through the site and/or a class. The use of any of the content, recommendations and information provided on or through Thriwe is solely at your own risk. The site is continually under development and Thriwe makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in research may impact the fitness or related advice that appears on or in connection with the site. No assurance can be given that the advice or recommendations contained in or through the site and/or a class will always include the most recent findings or developments with respect to the material or content.
Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless Thriwe, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of the site and/or attendance at, participation in, purchase of and/or use of any class) including but not limited to with respect to bodily injury, physical harm, loss, illness, death or property damage.
Under no circumstances will Thriwe or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable for any special, indirect, incidental, or consequential damages under any theory of liability, whether based in contract, tort (including negligence and product liability), or otherwise, even if Thriwe has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Thriwe’s liability will be limited to the fullest extent permitted by applicable law.
Thriwe liability to you is limited to $50 or the amounts, if any, paid by you to Thriwe under this agreement in the three months immediately prior to the event first giving rise to the claim, whichever is more. The foregoing limitations will apply to the maximum extent permitted by applicable law, regardless of whether Thriwe has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.
Members taking Classes are deemed to agree to the liability waivers and terms of individual Venues. Your participation in any Class may be subject to addition policies, rules or conditions of the applicable Venue and you understand and agree that you may not be permitted to reserve or attend classes or services if you do not comply with these Terms or the policies of the Venues or as otherwise determined by a Venue. If you have questions about a Venue’s waiver or other terms, please see the applicable Venue’s website or contact the Venue directly.
Please see our Digital Millennium Copyright Act document for an explanation of our copyright and trademark policies.
PLEASE READ THE FOLLOWING CAREFULLY:
a) Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Thriwe. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and Thriwe shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Arbitration Agreement, "Thriwe" means Thriwe and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and Thriwe regarding any aspect of your relationship with Thriwe, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
b) Pre-Arbitration Dispute Resolution. Before initiating any Dispute, whether in court or arbitration, you must first give Thriwe an opportunity to resolve the Dispute by mailing written notification to Thriwe, . That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Thriwe does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
c) Arbitration Procedures. If the Dispute is not resolved as provided above in the Pre-Arbitration Claim Resolution section, either you or Thriwe may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes in which less than $75,000 is at issue, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. In the event that this Arbitration Agreement conflicts with the applicable arbitration rules, this Arbitration Agreement shall govern. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with Thriwe, the Terms of Use, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
d) Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the Federal Arbitration Act ("the FAA"), and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e) Location of Arbitration. Arbitration shall take place in Delhi, India, but it may proceed by telephone if you so choose.
f) Payment of Arbitration Fees and Costs. Thriwe will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
g) Class Action Waiver. Any Disputes arising out of or relating to your use of the Site and/or attendance at, participation in or use of Classes, any purchase you make on or through the Site, any information you provide via the Site, and/or these Terms (including the formation, performance, or alleged breach), shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) . Neither you, nor any other Member of Thriwe and/or user of Thriwe services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Thriwe and is nonseverable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against Thriwe in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
h) Limitation of Procedural Rights. You understand and agree that, by entering into this Arbitration Agreement, you and Thriwe are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Thriwe might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). By using the Thriwe Site or any Class, product or services, or otherwise accepting these Terms, you are entering into this Arbitration Agreement, and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
i) Severability. If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court of competent jurisdiction.
j) Continuation. This Arbitration Agreement shall survive the termination of your contract with Thriwe and your use of the Thriwe Site, Classes and services.
a) Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions, consistent with the Federal Arbitration Act (to the extent permitted by applicable law). If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in state or federal court located in New York, New York.
b) Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions
d) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
e) Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Thriwe relating to the subject matter herein.
f) Claims; Statute of Limitations. In the event you have a cause of action that is not otherwise barred by these terms, you and Thriwe agree that any cause of action arising out of or related to these terms and/or the site and/or attendance at, participation in, use of or purchase of classes) must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
g) Disclosures. The services hereunder are offered by Thriwe, Inc., located at: . Contact us here. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
h) Waiver. No waiver of any of these Terms by Thriwe is binding unless authorized in writing by an executive officer of Thriwe. If Thriwe waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Thriwe to enforce the same later. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.
i) Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to Thriwe, on Thriwe’ national registered agent, and, with respect to you, to the email address you provide to Thriwe during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
"THRIWE" represents a network of Partners that are interested in providing relevant offers and services to the members, and the members who are interested in receiving these offers and services. To ensure that the offers and services are relevant we may solicit information from the members time to time. This is solely for the purpose of making the program more meaningful. We are committed to protecting the privacy of our members and their transactions. This section explains how we protect and use your information in safe, secure and responsible manner because we value your privacy.
This document includes information about:
Protection of customer data is our priority:
We collect and use various types of information to service your accounts, save your time and money, better respond to your needs, and manage risk. Customer information shall be collected under the following categories
PII refers to any information that can be used to identify you as an individual in any way. Enrolment in the PAYBACK Program is contingent upon your agreeing to the terms of service and providing basic registration information, including: first and last name, email address, date of birth, gender, zip code, contact number, lifestyle information and country.
Apart from the above we shall also solicit and collect from the members, time to time details on their preferences, subscription to newssegments or offers and other promotional activities we do. The decision to participate in such activities is at the sole discretion of the member.
Thriwe is capable of and will collect information on transactions linked to your profile account and required for processing of bookings, credits and debits to member's accounts. This shall include all transactions on the Website, at the Thriwe.
Partners, all promotional campaigns through emails, SMS or any other communication channel, at any other participating affiliates, subsidiary, program partners, surveys and more.
Better servicing of the members and preparing quarterly statements for account maintenance Making the offerings more relevant to the members and as desired by them ensuring no spam mails go through.
Keeping track of point transactions, for help in case of any disputes; processing your orders; dealing with requests, enquiries or complaints and other customer care related activities; and all other general administrative and business purposes; marketing our and our partners products and services; carrying out any activity in connection with a legal, governmental or regulatory requirement or in connection with legal proceedings, crime or fraud prevention, detection or prosecution;
To effectively administer and fulfil our obligations under any agreement we may have with you; To seek your feedback or to contact you in relation to the services offered our website; registering your details and allocating or offering you rewards, discounts or other benefits as part of the program You hereby expressly agree to share personally identifiable information for the above purposes. In the event, you do not wish that your personally identifiable information be used for the above-mentioned purposes; we will not be in a position to provide you any products or services. In the event you wish to withdraw consent for use of your personally identifiable information please contact us at wecare@thriwe.com. In such event, we will not be able to provide you any products or services from the date you withdraw your consent.
To collect the above information, we shall use channels such as physical forms, contact center, website cookies etc. emails, promotional offers, surveys, sweepstakes and mailers. Participation in some of these channels is optional but you may be required to provide your personal identification information in order to participate. We are not liable to verify the authenticity or accuracy of any information we collect from you.
From time to time we shall ask the members to update their contact & personal information with the program on our authorized website, contact center or any other approved channels. This is to help keep you updated on any program changes and enhancements. We shall not be liable for any failure to notify you of program changes if you fail to update such information in a timely manner. Thriwe does not solicit or ask for any confidential information like website passwords and any such communication appearing to come from Thriwe should not be replied with any confidential information.
We do not provide or share information collected, with any companies other than our group companies or business partners, to market their products. Even when we do so, these companies shall be bound by a non-disclosure agreement to strictly maintain the confidentiality of the information shared and will not share the personal information any further or for purposes beyond our specific authorization.
The entity that will collect, store and maintain information provided by you is (Thriwe registered details) In some situations, however, we are required to, or we may provide all information we collect about you to third parties outside our group companies, as permitted by law, such as, with your consent:
To respond to judicial process, or
To consumer reporting agencies; or
In connection with a proposed or actual sale, merger, or transfer of all or portion of business; or
To protect against fraud, money laundering or other risks
Some of the data may have to be provided to third party services for the sole purpose of implementing marketing services on behalf of Thriwe and/or group companies and for providing customer support services like sending statements
All information shall be stored in a separate server placed in our approved premises. Thriwe reserves the rights to hold its members data indefinitely.
We may occasionally share our information with trusted third party data processors to organize, process, clean & analyze our data to help us better understand the trends and segments within our member base. We shall use this information solely with the purpose of enhancing the value of the program for the member base and to better tailor our offers to suit your specific interests. All such third parties shall be bound by a non-disclosure agreement to maintain the confidentiality of the information shared and will not share the personal information any further or for purposes beyond our specific authorization.
We intend to share data with our sponsors & advertisers in aggregate form, but we will ensure that the program is designed to make sure you are not identified personally to advertisers unless you make the choice to share your personal identification information directly with them. Hence, the advertisers shall be made aware of the segments and trends in the database and can then route their customized messages through our channels. Occasionally, you may want to avail of services or offers that, by the very terms, will require us to forward information to the advertiser or partner so that they can provide the service to you. In such instance you will be governed by the privacy policies of such advertiser or partner with whom you share information. Please ensure to read the privacy policies of such advertiser or partner prior to disclosing any information.
In case of redemption offers requiring mailing of vouchers or gift items or rewards to your mailing address, we shall have to part with your personally identifiable information to the extent required, with the redemption fulfilment vendor for delivery of orders and gift certificates. As stated before, strict compliance with a non-disclosure agreement will be sought. Such redemption vendor will not share the personally identifiable information any further or for purposes beyond our specific authorization.
We offer you the choice to participate in offers from our partners. It is your decision whether to share your personally identifiable information with them or not. We recommend you to carefully read privacy policy of our partners before divulging your personally identifiable information, as we will not be held liable for the information practices of third-parties. Members may receive promotional offers and campaign details by email among other means. If you have opted to receive promotional offers there will be unsubscribe options with all such category of offers and members can choose to unsubscribe from such offers at any time by following the mentioned procedures.
Selectively, members may also receive program offers via your landline or postal mail. Such contacts may result in rewards being issued to the member. We also contact you via email for administrative purposes, such as program change notifications or if we update our privacy promise. While you can elect to stop receiving email for promotional offers (as described above), you cannot unsubscribe from these administrative messages while enrolled in the program. Our member care department may contact you in response to an enquiry you submit. Member care may also contact you regarding a problem that may have occurred with your account or with an offer in which you might have participated. We might use this information to learn further about your participation in the program and make it more relevant to your interests.
At Thriwe we respect your privacy and are committed to ensuring the confidentiality of your information with us. We may contact you with useful information on products and services through our telemarketing / tele calling activities, which may be beneficial for you. However, if you do not wish to be contacted through our telemarketing calls or messages, we request you to kindly register at our contact centre and give details of the telephone on which you do not wish to be contacted. However, Thriwe reserves the right to contact you through tele calling for services related to your account. Further, we are committed to follow the laws laid out with regards to tele calling and telemarketing and, does follow the guidelines set by any regulatory authority like TRAI in cases of DND policy or any such similar rule which may be in force.
Once you have registered for any such DND policy:
Your telephone number(s) will be removed from all our telemarketing calling lists within 30 working days.
We will ensure that you do not get any further telemarketing calls on the telephone number(s) that you have registered
Voice Call Recordings at Contact Centre
With a view to providing the best possible service to its customers, Thriwe will be (i) monitoring the voice call recorded; and (ii) overseeing the services furnished by the customer call centers appointed by Thriwe. While doing so, Thriwe inter alia seeks to (a) improve customer satisfaction; (b) assure quality management and customer experience; (c) identify and analyze the patterns and the types of requests/complaints raised by customers frequently on a real time basis; (d) initiate remedial measures to prevent the reoccurrence of such complaints/issues; (e) retain a recording of the voice calls; and (f) support any transactions that take place over the phone and/or if there is a dispute. Further Thriwe as a part of its continuing arrangement with its network partners may share (i) all or any particular call recordings received exclusively from those customers who have been enrolled with the Program through the concerned network partner; and/or (ii) a report with details of the complaints, if any, received by the customer, in each case pursuant to a specific request received from the relevant network partner. Please note that the sharing of voice recordings received from the call centers with the applicable network partners by Thriwe shall be done in due compliance of applicable privacy laws and having regard to strict maintenance of confidentiality obligations owed to its customers.
Because we contact you on their behalf, they do not have access to your personally identifiable information unless you make the choice to share it with them. We may share non-personally identifiable information collected via the program in aggregate (or grouped), anonymous form with advertisers or other third parties so that they may better evaluate what products and services are most appealing to different segments of our member base, but we do not disclose your personally identifiable information to these third parties without your consent.