TERMS OF USE

v1.4 - Last Updated 13th October 2020

The Autumn.sg website (the “site”) and Autumn mobile application (the “app”) is owned and operated by Autumn, a business of Standard Chartered Bank.
Your use of this site and the app is governed by these Terms of Use and our Privacy Policy.

Your use of the site and the app constitutes your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must immediately discontinue your access or use of the site and uninstall and delete the app from your mobile device.

These Terms of Use take effect when you click an “I Accept” button or check box presented with these terms or, if earlier, when you use any part of the site or the app. You represent to us that you are lawfully able to enter these Terms of Use.
You confirm that any person who uses your login credentials is authorised to access and use the app on your behalf. You shall be liable for all actions performed under your Autumn account.

Products and services

The information and material on the site and the app is not an offer, solicitation, invitation, advice or recommendation for products or financial services by Autumn. The site and the app do not allow you to directly buy or receive financial products and services. You may apply for financial products and services on the site or the app, or may be directed to third party sites from which you will be able to complete your application.

Use of app

Upon your download of the app, Autumn grants you a revocable, non-transferable, non-sublicenseable, limited license to use the app on a mobile device you own and control for your personal purposes, subject to these Terms of Use.

Autumn may make available third party providers’ services through the app. Autumn is not responsible for and makes no representation or warranty of any kind, whether express, implied or statutory regarding the third party providers’ services available through the app. You must comply with the applicable third party terms of agreement when using the app. Your breach of any of the customer agreements with any third party provider will constitute a breach of these Terms of Use.

App user testing

Where you are downloading the app as part of user testing:

• You agree not to share or forward the test link provided by Autumn to any third party.

• You shall not release to any third party the results of any evaluation without the prior written approval of Autumn.

Jurisdiction

The site and the app is intended for access and download by users from Singapore. If accessing the site from a particular country or jurisdiction would be illegal, you should not do so. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Disclaimer

The material and information contained on the site and the app is provided for general information only. Autumn makes no representation or warranty of any kind, whether express, implied or statutory regarding the material and information contained or referred to in the site and the app.

The site and the app may contain articles and materials written by third party authors or contributors. All opinion or analysis expressed are those of the author (whether the author is from Autumn or a third party contributor) and do not reflect the views of Autumn.

Autumn’s inclusion of hyperlinks on the site or the app does not imply any endorsement of the material on such sites. Any hyperlink exists for information purposes and are for your convenience only. Autumn is not responsible for the contents of third party websites. If you visit third party websites, then your rights and obligations while accessing and using those sites will be governed by the agreements and policies relating to use of those third party sites.

Limitation of liability

To the maximum extent permitted by applicable law, Autumn accepts no liability for any loss or damage (including special, incidental or consequential loss or damage) arising directly or indirectly from your use of the site or the app, howsoever arising from, but not limited to:

• any defect, error, imperfection, fault, mistake or inaccuracy with the site, the app, its contents (including content from third party providers), associated services, or due to any unavailability of this site or any local site or any part thereof or any contents or associated services;

• action taken, or not taken in reliance on material, content or information contained on the site; and

• any computer viruses, Trojan horses, worms, software bombs or similar items. You click on any hyperlinks or download any software or data at your own risk.

If, notwithstanding the other provisions of these Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the app or the site, our liability shall in no event exceed the greater of fees paid by you to us in the six months preceding the claim or S$150.

You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against us by any third party due to or arising out of or in connection with your use of the app and the site.

Email subscription service

We may, at our discretion, provide a service whereby you can request to subscribe to and receive e-mail alerts relating to products, services or information offered by Autumn or other third parties (“Subscription Service(s)”). Your use of the Subscription Services will be governed by the separate terms and conditions for use of those services. Your confirmation of subscription to the Subscription Services constitutes acceptance of their terms and conditions of use.

Autumn does not guarantee that any e-mails will be sent to you or received by Autumn nor does Autumn warrant the privacy and/or security of e-mails during internet transmission.

Personal data

You agree to the terms of the Privacy Policy, which are incorporated herein by reference.

Security

It is your responsibility to ensure that any user ID and/or password used by you in connection with the site or the app is kept secure, and that no person or entity other than you obtains access to that user ID and/or password, including logging off securely to prevent any unauthorised access to your confidential information.

Intellectual property rights

All rights (including, but not limited to, copyright) in and to the contents (including, but not limited to, trademarks, text, graphics, images, links and sounds) contained on the site and the app is owned by or licensed to Autumn or our affiliates, and may not, unless expressly permitted, be copied, modified, downloaded, distributed or published in any way without the prior written consent of Autumn, our affiliates, or licensors, as the case may be. If any content on the site or the app is permitted for use, you shall comply with all terms of use, conditions, guidelines, or restrictions that apply to that content.

“Autumn” and “Autumn.sg” are trademarks, logos and service marks of Autumn and no permission or licence is granted to use any such trademarks, logos or service marks without the prior written consent of Autumn.

In relation to any information or material you submit to Autumn using this site, the app and/or to our social media accounts, you hereby grant to Autumn royalty-free, perpetual, irrevocable, sub-licensable right and licence to use such information or material for any purpose it deems appropriate, including without limitation, the copying, modification, transmission, distribution and publication thereof, unless restricted by applicable law. You represent and warrant that such information or material you submit does not infringe the rights of any other third party.

You agree that Autumn shall not be under any obligation of confidentiality to you regarding any such information or material submitted to it using this site, the app and/or our social media accounts unless otherwise agreed in a separate direct contract between you and Autumn or required by law.

Modification

Autumn reserves the right in its discretion to change without prior notice any information, material, or functionality contained on the site or the app.

These Terms of Use may be updated from time to time and amendments take effect from the date they are placed on this site. You are advised to visit this site regularly to check for any amendments. This policy was last updated on 7 October 2020.

Termination

Autumn may terminate this agreement, your access to the app, this site and use of any service at any time.

Governing law

These Terms of Use shall be governed by and construed according to Singapore laws. Any dispute, controversy or claim arising out of or in connection with these Terms of Use shall be subject to the non-exclusive jurisdiction of the Singapore courts.

iOS version of the app

Where you have downloaded the iOS version of the app from the Apple App Store:

• You acknowledge that the EULA is concluded between Autumn and you only, and not with Apple, and Autumn, not Apple, is solely responsible for the app and its content.

• Your license to the app is further limited to a non-transferable license to use the app on any Apple-branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) or Mac OS X, that you own and control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such app may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

• You may not rent, lease, lend, sell, transfer redistribute, or sublicense the app and, if you sell your Apple- branded product to a third party, you must remove the app before doing so.

• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app

• In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Autumn’s sole responsibility.

• You acknowledge Autumn, not Apple, is responsible for addressing any of your or any third party claims relating to the app or your possession and/or use of that app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the app’s use of the HealthKit and HomeKit frameworks.

• You acknowledge that, in the event of any third party claim that the app or your possession and use of that app infringes that third party’s intellectual property rights, Autumn, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

• You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.

Contact

You may direct questions, complaints or claims to:

Autumn Life Pte Ltd

80 Robinson Road, #02-00 Singapore 068898 (support@autumn.sg)