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Terms & Conditions

Last update 5th March 2024

 

Contents

Definitions and interpretation

In these Terms & Conditions the following definitions apply:

 

App – means the Autum App owned and operated by The Autumn Project Limited which it provides its Services;

Applicable Law – means all applicable laws, legislation, statutory instruments, regulations and governmental guidance within the UK;.

Business Day – means a day other than a Saturday, Sunday or bank or public holiday;

Conditions – means The Autumn Project Limited’s terms and conditions as set out in this document;

Confidential Information – means any commercial, financial or technical information, information relating to the Services;

Contract – means the agreement between The Autumn Project and the User for the supply and purchase of the Services;.

Intellectual Property Rights – means copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, rights in get-up, rights in goodwill, rights in software, rights in Confidential Information, rights to invention, rights to sue for passing off, domain names and all other intellectual property rights and similar rights.

Services – means the provision of free and paid for Services provided by The Autumn Project Limited through its App, Website in respect of extending the healthy life expectancy of individuals;.

Subscription – means the free of charge Subscription and/or Membership entered into by the User via the App or Website in order for the User to access the free Services;

Third Party Content – means content and information from other users, advertisers and other third parties made available to the User through the Services

We, Us, Our – means The Autumn Project Limited;

You or Your – means the User;

User – means the individual consumer who entered into the Contract with The Autumn Project Limited;

Website – means the website www.autum.life owned and operated by The Autumn Project Limited which it provides its Services

  1. About us  
    1. The Autumn Project Limited is in the business of providing App and Web based services in respect of extending the healthy life expectancy of individuals (“the Services”). This Subscription version of the App and web-based services is free. We reserve the right to introduce a paid subscription service and to invite you to subscribe for this service.

      Our registered address is at 2 Chancery Lane, Wakefield, England, WF1 2SS. You can contact us by sending an email to contact@autum.life.

  2. These Terms  
    1. These terms apply to the provision of Services provided by us, to you. Please read these terms carefully before you instruct us as they set out important information about yours and our rights and obligations. Please note that you must agree to these terms to enjoy the full range of our Services.
    2. You must be at least 18 years old and a resident of the UK to enter into a Subscription with us.
    3. We may make changes to these terms at any time.
    4. Please print out or save a copy of these terms and any communications from us for your records. These terms are only available in English.
  3. Subscribing to our Services  
    1. You agree to use our Services after you enter into a Subscription with us via the Website autum.life or App Autum. Please read and check your Subscription carefully before submitting it to us. You will be able to correct any errors before you submit your Subscription to us.
    2. You may cancel your Subscription at any time on the Website or App.
  4. Promotions and prize draws
    1. Promotions and prize draws are subject to additional terms. See Prize Draw Terms and Conditions to view the general terms and conditions which apply to all of our prize draws and promotions and which specifically form part of these Terms of Use (“Prize Draw Terms”). The Prize Draw Terms may be varied or supplemented by Additional Terms specific to each particular prize draw or promotion. Any Additional Terms will be brought to your attention when appropriate and prior to you submitting your entry for the Competition.
  5. Third Party Content  
    1. We do not control Third Party Content and information and as a User of our Services you understand and agree that we are not responsible for and do not endorse any such content and information, including advertising and information about third party products and services, job ads or any other third party information. You also understand that we make no guarantees about the accuracy, suitability or quality of the information and we assume no responsibility for unintended, inaccurate, misleading or unlawful content. We cannot be held liable for claims arising from the content and information provided by third parties.
    2. To the best of your knowledge and belief you are not knowingly incapable of engaging in either
    3. active or passive activity and that such activity would not be detrimental to your health, safety,
    4. comfort, wellbeing or physical condition.
    5. If you see any content that you believe is in breach of these terms and conditions, you may report it by emailing contact@autum.life with details of where the inappropriate content can be found. Once informed, we will review and decide whether to remove the content at our sole discretion.
  6. Intellectual Property  
    1. Any and all intellectual property in respect of the Services is owned by us.
  7. Warranty  
    1. We warrant that, for the period of your Subscription, performance of the Services shall conform in all material respects to their description and conform to the Supply of Goods and Services Act 1982.
    2. You warrant that you have provided us with all relevant, full and accurate information as to your needs, and any and all details which are necessary for us to provide you with the Services. Your sole and only remedy if the Services do not comply with clause 5.1 will be either for us to remedy or re-perform the Services, provided that;
      1. You serve a written notice on us not later than five Business Days from performance of the Services, providing a detailed explanation as to why either the Services did not comply with clause 5.1, and
      2. You give us a reasonable opportunity to examine the claim of the complained about Services or Premium Services.
    3. Except as set out in this clause 7.2:
      • We give no warranties and makes no representations in relation to the Services; and
      • Shall have no liability for any failure to comply with the warranty in clause 8.1 and all warranties and conditions (including the conditions implied by ss 12–16 of the Supply of Goods and Services Act 1982), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
  8. Indemnity and Insurance  
    1. You shall indemnify, and keep indemnified, The Autumn Project Limited from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under the Subscription.
  9. Limitation of Liability  
    1. The extent of the parties’ liability under or in connection with the Subscription (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 9.
    2. Our total liability shall not exceed any costs you have paid us for the Services and we shall not be liable for any consequential, indirect, or special losses.
  10. Providing Services  
    1. Descriptions of our Services are set out on the Website and App.
    2. You will have access to the Services during the period of the valid Subscription.
  11. Faulty Services or Premium Services  
    1. We will provide the Services or Premium Services to you with reasonable care and skill.
    2. If our Services are not carried out with reasonable care and skill, you can ask us to remedy this. If there is a problem with the Services we have provided to you, please contact us as soon as reasonably possible at contact@autum.life.
  12. Our Liability to Consumers  
    1. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
    2. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
  13. Third Party Rights  No one other than the User and The Autumn Project Limited has any right to enforce any term of this contract.
  14. Your Information  Any personal information that you provide to us will be dealt with in line with our Privacy Policy available on our website www.autum.life which explains what information we collect and hold about you, and how we collect, store, use and share such information.
  15. Force Majeure
    1. Neither party shall have any liability under or be deemed to be in breach of the Subscription for any delays or failures in performance of the Services which result from Force Majeure. The party subject to the Force Majeure event shall promptly notify the other party in writing when such the event causes a delay or failure in performance and when it ceases to do so.
  16. Termination  We may terminate the Subscription for Services at any time by giving notice in writing to you if you commit a breach of contract.
  17. Entire Agreement  The parties agree that the Contract constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
  18. Variation  No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and these Conditions and is duly signed or executed by, or on behalf of, each party.
  19. Severance  If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected.
  20. Waiver  No failure, delay or omission by the Supplier in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
  21. Governing Law and Jurisdiction
    1. These Terms and Conditions are governed by the laws of England and Wales.
    2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter.

Changes to these Terms & Conditions

If we change our terms of use we will post those changes on this page. Registered users will be sent an email that outlines changes made to the terms of use.

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