TERMS OF USE

v2.0 – Last Updated 31 March 2022

The Autumn.sg website (the “site”) and Autumn mobile application (the “app” or “Autumn App”) is owned and operated by Autumn Life Pte. Ltd., a private limited company incorporated in Singapore, and subsidiary of Standard Chartered Bank.

Your use of this site and the app is governed by these Terms of Use (including the schedules) 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, please 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.

1. Early access

The app, and any products and services available on the app are currently in Early Access, and are available on an “as is” and “as available” basis without warranty.

Autumn makes no representation or warranty of any kind, whether express, implied or statutory regarding the site or the app’s adequacy, completeness, accuracy or fitness for any particular purpose.

During Early Access:

  • The app is free. The pricing and the availability of the app may be subject to change.
  • Early Access users are limited to 10,000 users.

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

The Early Access version of the app may contain features, information, material or functionality that will not be included in future versions of the site or app, or may be available separately subject to additional conditions, such as payment of fees.

2. 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.

The use of specific products, programmes, services, functionalities and/or modules of the site and/or app may be subject to additional terms and conditions which you shall be required to agree to before accessing and/or use such modules, functionalities and/or components. Such additional terms and conditions include:

·       Schedule 1 – Terms and Conditions for Investment Module (to be launched in May 2022); and

·       Schedule 2 – Terms and Conditions for Health Module.

In the event of any inconsistency between the body of these Terms of Use (including the Privacy Policy) and the additional terms and conditions, the additional terms and conditions shall prevail insofar as the inconsistency relates to the product, programme, service, functionality and/or module in question unless otherwise expressly provided.

3. Third party providers

Your use of this site and the app may require access to or use of, and/or be in connection with, access to and use of websites, software or services of a third party provider (for example, terms from the platform from which you access the app, such as the Apple App Store or Google Play Store user terms, or your banking service provider terms).

Please note that your use of the app or certain functions of the app could be limited by your third party provider (including your banking service provider). If so, your use of the app may result in a breach of your third party provider terms. Such breach may impact your ability to recover loss, such that you may not be able to recover any loss suffered from the third party, and your third party provider may be able to claim their losses against you.

For more details, please refer to the Terms of Use and FAQs.

To the maximum extent permitted by applicable law, Autumn and its third party providers accept no liability for any loss or damage (including special, incidental or consequential loss or damage) arising directly or indirectly from your breach of any third party provider terms (e.g. including your third party service providers, such as breach of your banking service provider terms).

Salt Edge

Autumn uses Salt Edge for customer account aggregation, whose End User Licence Agreement is incorporated into these Terms of Use by reference. You acknowledge and agree that you have read the Salt Edge End User Licence Agreement and agree to be bound by it as amended from time to time.

In the event of inconsistency between these Terms of Use and any third party service provider terms, these Terms of Use shall prevail to the extent of the inconsistency.

Bloomberg Data

Market and pricing data displayed on the app are provided by Bloomberg (“Bloomberg Data”). Autumn does not display real time Bloomberg Data. Bloomberg Data displayed on the app is delayed subject to geographical time zone and currency. Please see the FAQs for more information.

Autumn and Bloomberg do not represent that the Bloomberg Data is appropriate or available for use in any particular location or for any or all purposes. All Bloomberg Data is provided on an “as is” and “as available” basis.

You shall comply with all laws, rules and regulations applicable to accessing and using the Bloomberg Data. You shall not use the Bloomberg Data for any purposes other than the Autumn services provided on the app. You shall not use the Bloomberg Data for any internal systems and processes (including, without limitation, risk reporting systems and processes).

To the maximum extent permitted by applicable law, Autumn and Bloomberg accept no liability for any loss or damage (including special, incidental or consequential loss or damage) arising directly or indirectly from your use of the Bloomberg Data, reliance on the Bloomberg Data and/or breach of any terms applicable to your use of the Bloomberg Data.

With respect to the use of the Bloomberg Data only, Bloomberg Finance Singapore L.P. and its affiliates are third party beneficiaries of these terms and are entitled to the benefit of relevant provisions of these terms only insofar as they relate to the use of the Bloomberg Data.

4. Use of app

Upon your download of the app, Autumn grants you a revocable, non-transferable, non-sub licenseable, 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.

Please note that your use of the app or certain functions of the app could be limited by your third party provider (including your banking service provider). If so, your use of the app may result in a breach of your third party provider terms. Such breach may impact your ability to recover loss, such that you may not be able to recover any loss suffered from the third party, and your third party provider may be able to claim their losses against you.

For more details, please refer to the Terms of Use and FAQs.

You may not, and shall not cause or permit any user or third party to, do any of the following: (i) modify, disclose, alter, translate, create derivative works of; (ii) license, sublicense, sell, resell, distribute, lease, rent, lend, transfer, assign or otherwise deal with or dispose of; (iii) disassemble, decompile or reverse engineer; (iv) copy, frame or mirror; (v) remove, alter or obscure any proprietary notices (including copyright notices) in or on; (vi) interfere with or disrupt the integrity or performance of; (vii) attempt to gain unauthorized access to; or (viii) disclose to any third party any performance information or analysis relating to, the app or any components thereof, including any content, information, applications, programmes, software, images, sounds, graphics, video and other materials displayed or made available therein and the functionalities and services provided therein and their related systems or networks.

In addition, you may not, and shall not cause or permit any user or third party to, access and/or use the app or any components thereof to:

  • store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
  • store or transmit any viruses, software routines or other code designed to permit unauthorized access, to disable, erase or otherwise harm software, hardware or data, or to perform any other harmful actions; or
  • build a competitive product or service, or copy any features or functions thereof.

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.

6. 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.

7. Disclaimer

The material and information contained on the site and the app is provided for general information only. The material and information on this site is not intended to be and does not constitute financial advice, investment advice, trading advice or recommendation of any sort offered or endorsed by Autumn, unless otherwise expressly stated. Autumn disclaims and makes no representation or warranty of any kind, whether express, implied or statutory, oral or written, with respect to these Terms of Use, the site and the app (including any content, information, applications, programmes, software, images, sounds, graphics, video and other materials displayed or made available therein and the functionalities and services provided therein), whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any and all: (a) warranties of merchantability; (b) warranties of fitness or suitability for any purpose (whether or not such party knows, has reason to know, has been advised, or is otherwise aware of any such purpose); (c) warranties of non-infringement or condition of title; or (d) warranties against loss of data.

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.

8. 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 services and 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;
  • any breach of third party provider terms, including but not limited to your breach of any third party provider terms; 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 damages, demands, loss, liability, claims, costs or expenses (including legal fees), made against us by any third party or otherwise suffered or incurred by use due to, arising out of or in connection with your use of the app and the site.

9. 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.

10. Personal data

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

11. Data 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.

12. 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. If any content on the site or the app is expressly permitted for use by you, 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 you to use any such trademarks, logos or service marks without the prior written consent of Autumn. We may also display names, trade names, trademarks, service marks, symbols, logos, brands and other proprietary designations of third party providers (“Third Party Marks”) on the site and the app and no permission or licence is granted to you to use any such Third Party Marks without the prior written consent of the relevant owners of the Third Party Marks. You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any damages, demands, loss, liability, claims, costs, or expenses (including legal fees), made against us by any third party or otherwise suffered or incurred by us due to, arising out of or in connection with any infringement of the Third Party Marks by you.

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.

13. 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.

Autumn may, by notice to you, add to, alter, amend, modify, rescind, supplement or vary these Terms of Use at any time in its sole and absolute discretion and any such addition, alteration, amendment, modification, rescission, supplement or variation shall immediately take effect and bind you from such date as Autumn may prescribe in the notice. Notice will be given by posting such addition, alteration, amendment, modification, rescission, supplement or variation on this site or app or such other method of notification as may be designated by Autumn (such as via email or other forms of electronic communications), which you agree shall be sufficient notice for the purpose of this clause. You acknowledge that your continued use of the site or the app after such modification has come into effect shall be deemed as an agreement by you to the Terms of Use as so modified. You are advised to visit this site regularly to check for any amendments to the Terms of Use.

14. Rights of third parties

Except where expressly provided for under these Health Module Terms, a person who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of the terms of these Terms of Use. Notwithstanding any term of these Terms of Use, the consent of any third party is not required for any variation (including any release or compromise of any liability) or termination of these Terms of Use. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.

 

15. No waiver

No failure, delay, relaxation or indulgence on the part of Autumn to exercise any power or right conferred upon it under these Terms of Use shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms of Use. No waiver shall be effective unless made in writing and executed by Autumn waiving its right or remedy. The rights provided in these Terms of Use are cumulative and are not exclusive of any rights or remedies provided by law.

 

16. Severability

If any provision of these Terms of Use shall be, or be found by any authority or court of competent jurisdiction to be, invalid or unenforceable (wholly or partly), such invalidity or unenforceability shall not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect.

 

17. Force majeure

In the event that Autumn is unable to observe or perform any of its obligations under these Terms of Use due to or caused by events beyond Autumn’s control or events which Autumn cannot reasonably be expected to prevent or avoid, Autumn shall be excused from performing these Terms of Use for the duration of the disabling event. Autumn shall not be liable for any delay, loss, damage or inconvenience caused or arising from or in connection with the disabling events. Examples of such events include but are not limited to earthquakes, fires, floods, storms, pandemics, natural disasters or other acts of God, wars, acts of terrorism, military action, riots, civil unrest or other disturbances, strikes, industrial disputes or other industrial actions, imposition of currency exchange controls or restrictions, embargoes, changes to laws and regulations or other government action, fluctuations or failures in power supply or telecommunication networks, or the failure of any exchange, clearing house or other financial market infrastructure.

18. Further assurances

You agree to do all such acts and things and execute and sign all such documents and instruments as may be necessary, desirable or expedient to give effect to the terms of, and the commercial understanding of these Terms of Use and any documents in connection herewith.

 

19. Assignment

The provisions of these Terms of Use are personal to you and you shall not be entitled to assign or transfer any of your rights or obligations under these Terms of Use.

 

Autumn, and its successors and assigns, may assign any or all of its respective rights and obligations under these Terms of Use. Any of Autumn’s subsidiaries and affiliates, and their successors and assigns, which has rights or benefits under these Terms of Use may assign any or all of their respective rights and obligations under these Terms of Use.

20. Termination

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

21. Governing law

These Terms of Use shall be governed by and construed according to Singapore laws. Any dispute, controversy, claim or difference arising between Autumn and you in relation to these Terms of Use shall be subject to the non-exclusive jurisdiction of the Singapore courts.

22. Contact

You may direct questions, complaints or claims to:

Autumn Life Pte Ltd

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

 

 

Schedule 1

Terms and Conditions for Investment Module

To be updated in May 2022.

Schedule 2

Terms and Conditions for Health Module

These Terms and Conditions for Health Module (“Health Module Terms”) set out the terms and conditions for Autumn’s provision of health-related information and your access and/or use of the Health Module (defined below). By accessing and/or using the Health Module and/or otherwise accessing and/or using the site and/or app to receive the health-related information, you agree to be bound by these Health Module Terms.

1. DEFINITIONS

1.1. In these Health Module Terms, unless the context requires otherwise, the following expressions shall have the meanings set out hereunder: 

Health Module” means the module contained in the app through which health-related information is provided to you.

1.2. Unless the context otherwise requires, words importing the singular number include the plural number and vice versa, a reference to any gender shall include all genders and a reference to a person includes a corporation, partnership, joint venture, association, authority, trust state or government and vice versa. References herein to “Clauses” and “Schedules” are to the clauses of and schedules to these Health Module Terms. References to any statute shall be deemed to be references to that statute as from time to time amended or re-enacted with or without modification. Each reference herein to any document or agreement shall include a reference to each permitted variation of or amendment or supplement to such document or agreement from time to time.

2. SCOPE AND APPLICATION

2.1. These Health Module Terms shall apply to and govern all access and use of the Health Module by you.

3. HEALTH MODULE

3.1. The Health Module is intended for use only for general well-being purposes and for the encouragement or maintenance of a healthy lifestyle, and is not intended to be used for any medical purpose (including, but not limited to, the detection, diagnosis, monitoring, management or treatment of any medical condition or disease). Any health-related information provided by the Health Module should not be treated as medical advice. Please consult a physician for any medical advice required.

3.2. You agree that you do not rely on the Health Module or any information provided by the Health Module for any medical purposes (including the purposes mentioned at Clause 1 above), in making any medical or health-related decisions and/or in the diagnosis or treatment of any medical or health condition. You acknowledge that the Health Module and any information provided by the Health Module is not a substitute for or alternative to physician consultation, evaluation and treatment.