Consumer Agreement

Last updated: January 31st, 2021

 

This LYFE Consumer Agreement (the “Agreement”) is a legal Agreement between you (collectively, “you,” “your”) and LYFE of sophron health limited (CRN: 12246758), and its affiliates (collectively, “LYFE,” “we,” “our” or “us”) (together the “Parties”) governing your use of LYFE’s Consumer web-based Application and/or mobile Applications (collectively, the “LYFE App”). Please read this Agreement carefully. By clicking on the “i accept” button, completing the registration process, and/or downloading, and/or using the LYFE App, you represent that (1) you have read, understand, and agree to be bound by this Agreement, (2) you are of legal age to form a binding contract with LYFE, and (3) you have the authority to enter into this Agreement personally or on behalf of the company you have named as the user, and to bind that company to the Agreement.

 

If you do not agree to the terms of this Agreement, you may not access or use the LYFE App. Please be aware that section 27 of this Agreement, below, contains provisions governing how disputes between the Parties are settled, including, without limitation, any claims that arose or were asserted prior to the effective date of this Agreement. In particular, it requires disputes between the Parties to be submitted to binding and final arbitration.  You will only be permitted to pursue claims and seek relief against us on an individual basis, not as a class member in any class or representative action or proceeding.

 

1. LYFE App registration and account activation.

 

The LYFE App allows you to create one (1) universal Consumer profile that enables you to perform searches for local participating businesses and independent practitioners who subscribe to our online business management software (“LYFE Partners”).

 

The LYFE App, subject to these terms and payment of Applicable fees, may also provide you with an opportunity to purchase a subscription which will allow you to view video content from the LYFE Partners.

 

To make credit or debit card purchases from LYFE or the LYFE Partners, you must complete the registration and open an account within the LYFE App (“LYFE App account”). You do this by providing your first and last name and email address, completing your email verification, and associating one (1) or more valid credit or debit cards with that LYFE App account. You must provide accurate and up-to-date information. You are solely responsible for managing your LYFE App account. Your LYFE App account is non-transferrable and may not be sold, combined or otherwise shared with any third party. We reserve the right to suspend or terminate your LYFE App account if you provide inaccurate, untrue, or incomplete information or if you attempt to use your LYFE App account to engage in illegal or unethical activities.

 

3. Fees, billing, cancellation

 

A) Recurring billing. By initiating a LYFE premium subscription, you authorize us to charge you for your initial subscription period and a recurring monthly subscription fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your payment method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the site, such as any Applicable sign-up fee, taxes and cancellation or late fees, as further explained below. Note that even if you do not use the subscription or access the site, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.

 

B) Subscription cycle. When you sign up and purchase your LYFE premium subscription, your first subscription cycle will be billed immediately. Unless we expressly communicate otherwise, your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we will make adjustments to the amounts we charge, as appropriate). In the event your paid subscription began on a day not contained in a given month, we may bill your payment method on a day in the Applicable month or such other day as we deem Appropriate. For example, if you started your LYFE membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. Your renewal date may change due to changes in your subscription.

 

C) Refunds. Generally, our fees (including the monthly fee for your membership and any other fees) are nonrefundable unless we specifically communicate otherwise at the time of purchase. However, we will provide a refund to subscribers for their current prepaid subscription period only in the following circumstances: (i) if you are canceling your subscription and request a refund within 5 days of the date of your first payment for your subscription or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any class or other services or products you may have used or received prior to your cancellation and to ask for proof of such changed condition, to the extent permitted by law. We do not provide refunds or make goods for any prior months including for unused credits or classes.

 

D) Price changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the LYFE website or mobile Applicable or such other means as we may deem Appropriate from time to time, such as email. If you do not cancel your subscription, you will be deemed to have accepted these new fees.

 

E) Payment methods. You may edit your payment method information by logging onto our website or mobile App and editing it in your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the payment method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our site or any portion thereof.

 

F) Cancellation of subscription. Unless we communicate otherwise, you may terminate your subscription at any time before your subscription renews by going into your account settings on the LYFE App or website and letting us know you would like to cancel. Unless we communicate otherwise, and except for during a trial, following any cancellation you will continue to have access to your subscription through the end of your current prepaid subscription cycle, unless you cancel and receive a refund in which case your access will be terminated immediately. Note that if you do terminate your subscription, we reserve the right to charge a reactivation fee if you want to return to the LYFE App in future months or to restrict your access in future months. If you cancel your subscription or it is terminated for any reason, you will lose access to all content, discounted offers, credits or features available through the subscription.

 

2. The LYFE App

 

A) The LYFE App. The LYFE App enables Consumers to search for local health and wellness Partners, redeem discounts and consume digital content. LYFE 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 is one freemium subscription plan and one premium. Premium consists of unlimited access to premium content and discounted offers. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our 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 LYFE 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 LYFE 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.

 

D) LYFE account. Your LYFE 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 LYFE account, including other LYFE users. You must not use or exploit the site for commercial purposes. We continually update and test various aspects of the LYFE App. We reserve the right to, and by using the site you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that LYFE may take actions we deem reasonably necessary to prevent fraud and abuse. You agree that the information you provide to LYFE 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 LYFE mobile Application to use some or all of LYFE features. You are solely responsible for providing your own access (e.g., computer, mobile device, internet connection, etc.) To the site.

 

4. Compatible mobile devices and third party carriers.

 

Your LYFE App account permits you to make payments on a compatible mobile device. Devices modified contrary to the manufacturer’s software or hardware guidelines, including but not limited to disabling hardware or software controls-sometimes referred to as “jailbreaking”, are not compatible mobile devices. You acknowledge that the use of a modified device to use the LYFE App is expressly prohibited, constitutes a violation of the terms of this Agreement, and is grounds for termination of your LYFE App account. LYFE does not warrant that the LYFE App will be compatible with your mobile device or third party carrier.

 

Your use of the LYFE App may be subject to the terms of your Agreements with your mobile device manufacturer and your carrier.

 

5. App stores.

 

You acknowledge and agree that the availability of the LYFE App is dependent on the third party from whom you received the LYFE App license, e.g., the Apple App store or google play ("App store"). You acknowledge that this Agreement is between you and LYFE and not with Apple, google, or their App stores. LYFE, not Apple, google, or their App stores, is solely responsible for the LYFE App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the LYFE App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App store in connection with the LYFE App. You agree to comply with, and your license to use the LYFE App is conditioned upon your compliance with, all Applicable third-party terms of Agreement (e.g., the App store’s terms and policies) when using the LYFE App. You acknowledge that the App store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.

 

6. Restrictions on use.

 

By using the LYFE App, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a "minor"), that you are using the LYFE App with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the LYFE App and agree to this Agreement. If you are a parent or legal guardian of a minor, you hereby agree to bind the minor to this Agreement and to fully indemnify and hold harmless LYFE if the minor breaches any of the terms of this Agreement. If you are not at least 13 years old, you may not use the LYFE App at any time or in any manner or submit any information to the LYFE App or LYFE.

 

The LYFE App and your LYFE App account may only be used in a country or territory where current LYFE Partners exist and the laws of that country or territory permit its use. You may not export the LYFE App directly or indirectly, and you acknowledge that the LYFE App may be subject to export restrictions imposed by UK law.

 

By creating a LYFE App account, you also confirm that you will not make payments in connection with the following businesses or business activities: (1) any illegal activity, (2) credit counseling or repair agencies, (3) credit protection or identity theft protection services, (4) direct marketing or subscription offers or services, (5) infomercial sales, (6) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (7) multi-level marketing businesses, (8) inbound or outbound telemarketers, (9) prepaid phone cards or phone services, (10) rebate based businesses, (11) upsell merchants, (12) bill payment services, (13) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (14) financial institutions offering manual or automated cash disbursements, (15) financial institutions offering merchandise and services, (16) sales of money orders or foreign currency by non-financial institutions, (17) wire transfer money orders, (18) high-risk merchants, including telemarketing merchants, (19) service station merchants, (20) automated fuel dispensers, (21) adult entertainment oriented products or services (in any medium, e.g., internet, telephone or printed material), (22) internet/mail order/telephone order firearm or weapon sales, (23) internet/mail order/telephone order cigarette or tobacco sales, (24) drug paraphernalia, (25) hate products, (26) escort services, and/or (27) bankruptcy attorneys.

 

7. LYFE Partner loyalty programmes.

 

LYFE Partners may choose to offer loyalty programmes to reward their customers. These loyalty programmes may be linked to your LYFE App account. Any such loyalty programmes  and any rewards associated with them are offered by the LYFE Partner alone (and not by LYFE). Should you have questions about any LYFE Partner loyalty programme, please ask the LYFE Partner for more information about the programme, including any Applicable terms and conditions. Rewards associated with LYFE Partner loyalty programmes have no cash value, and LYFE Partner may choose to discontinue its loyalty programme(s) at any time.

 

9. Unauthorized or illegal transactions.

 

We may decide not to process a transaction if we believe that the transaction is in violation of any LYFE Agreement or exposes you, other LYFE users, our Partners, including any LYFE Partners, or LYFE to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your LYFE App account has been used for any unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your LYFE App account, and/or any of your transactions with law enforcement.

 

10. LYFE App purchase information.

 

By using the LYFE App, you give LYFE permission to share your email address, first and last name and purchase histories with the LYFE Partners you make purchases with. You also give us permission to import into your LYFE App account and to share with LYFE Partners information about purchases you have made using your payment card and any of LYFE products or services. More information can be found in the LYFE privacy policy.

 

11. Your privacy.

 

Our privacy policy governs how we collect and use personal information that is submitted through our Apps and services. Upon agreeing to be bound by this Agreement you confirm that you have read, understood and accepted LYFE’s privacy policy.

 

12. Disclaimers.

 

You understand and agree that LYFE is not responsible for the goods and services that you purchase through the LYFE App. Third-party merchants, including LYFE Partners, and not LYFE, provide those goods and services. These merchants, and not LYFE, are responsible for customer service related to those goods and services, including the nature, content and quality of the class or Appointment, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes. The networks and/or other entity issuing your payment card, and not LYFE, is responsible for customer service related to your payment card.

 

By entering into this Agreement you confirm that at all material times you, and not LYFE, are solely responsible for your own mental and physical wellbeing and should you have concerns about your mental or physical wellbeing you should seek professional medical help. 

 

13. Disclosures and notices.

 

You acknowledge and agree that LYFE may provide disclosures and other notices required by law and other information about your LYFE App account to you electronically by posting them on the LYFE App or by emailing the email address listed in your LYFE App account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. You are responsible for providing LYFE with your most current e-mail address. In the event that the last e-mail address you provided to LYFE is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, LYFE’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

 

14. User content.

 

In connection with registering for a LYFE App account, you may provide reviews, feedback and other content regarding LYFE products and services or LYFE Partners, including without limitation the video content. This content may include photos, name, alias, likeness, Appearance, form or other materials or information uploaded to the LYFE App (“user content”). You agree that you will not upload user content to the LYFE App unless you have created that content yourself or you have permission from the copyright owner to do so.

 

15. Intellectual property policy.

 

LYFE respects the intellectual property rights of others and will investigate and respond to notices of alleged infringement that are properly submitted in accordance with our intellectual property policy), as may be updated by LYFE from time to time. Any data or information submitted to the LYFE App is subject to our intellectual property policy.

 

16. Your right to terminate.

 

You may terminate this Agreement at any time by closing your LYFE App account and ceasing to use the LYFE App.

 

17. Our right to suspend or terminate.

 

We may terminate this Agreement and close your LYFE App account for any reason or no reason (with or without notice) at any time, including (but not limited to), if you (a) have violated the terms of this Agreement or any other Agreement you have with LYFE or LYFE’s policies, (b) pose an unacceptable credit or fraud risk to us, and/or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on the LYFE App.

 

18. Effect of termination.

 

If your LYFE App account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the LYFE App, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that LYFE shall not be liable to you or any third party for termination of access to the LYFE App, or for deletion of your information or account data.

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the LYFE App, or in connection with any termination or suspension of the LYFE App. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in this Agreement.

 

19. License grant to you.

 

Subject to your compliance with this Agreement, LYFE hereby grants you a personal, limited, non-exclusive, revocable, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the LYFE App on a single mobile device that you own or control and to run such copy of the LYFE App solely to find and reserve services and make purchases from LYFE Partners in accordance with this Agreement. You will not: (a) modify, copy or create any derivative works based on the LYFE App; (b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the LYFE App available to any third party; (c) reverse engineer or decompile any portion of the LYFE App; (d) access or use (or allow a third party to access or use) the LYFE App for competitive analysis or to build any competing products or services; (e) copy any features, functions, integrations, interfaces or graphics of the LYFE App; or (f) otherwise use or exploit the LYFE App in any manner not expressly permitted by this Agreement. Furthermore, with respect to any App accessed through or downloaded from the App store, you will comply with the Applicable App store’s terms and policies. You will be entitled to download updates to the LYFE App, subject to any additional terms made known to you at that time, when LYFE makes these updates available. You may be required to accept updates to the LYFE App in order to continue to use the LYFE App.

 

20. Restrictions on use.

 

You may use the LYFE App only to the extent that you obey all laws, rules, and regulations Applicable to your use of the LYFE App. While we want you to enjoy the LYFE App, you may not, nor may you permit any third party to do any of the following: (i) access or monitor any material or information on any LYFE system using any manual process or robot, spider, scraper, or other automated means; (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from LYFE; (iii) permit any third party to use or benefit from the LYFE App via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) violate the restrictions in any robot exclusion headers on the LYFE App or any LYFE service or product, work around, bypass, or circumvent any of the technical limitations of the LYFE App, use any tool to enable features or functionalities that are otherwise disabled in the LYFE App, or decompile, disassemble or otherwise reverse engineer the LYFE App; (vi) perform or attempt to perform any actions that would interfere with the proper working of the LYFE App, prevent access to or use of the LYFE App by other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the LYFE App except as expressly permitted herein.

 

21. Ownership.

 

The LYFE App is licensed and not sold. LYFE reserves all rights not expressly granted to you in this Agreement. The LYFE App is protected by copyright, trade secret and other intellectual property laws. LYFE owns the title, copyright and other intellectual property rights in the LYFE App and all copies of the LYFE App. This Agreement does not grant you any rights to LYFE’s trademarks or service marks.

 

22. Feedback.

 

You may choose to or we may invite you to submit comments or ideas about the LYFE App, including without limitation about how to improve the LYFE App or our other products (“feedback"). You represent and warrant that you have all rights necessary to submit feedback. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place LYFE under any fiduciary or other obligation, and that we are free to use the feedback without any additional compensation to you, and/or to disclose the feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, LYFE does not waive any rights to use similar or related ideas previously known to LYFE or developed by its employees, or obtained from sources other than you. LYFE has no obligation to review any feedback nor to keep any feedback confidential, and LYFE may use and redistribute feedback for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

 

23. Indemnification.

 

You agree to release, indemnify, defend, and hold harmless LYFE and its affiliates and their respective employees, officers, agents, directors, representatives, contractors, licensors, suppliers and service providers (collectively, the “LYFE Parties”) from and against any and all third-party claims asserted against and of them, and all related costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable legal fees) arising out of or relating to: (a) any actual or alleged breach by you of this Agreement; (b) your access to or use of the LYFE App; or (c) any actual or alleged violation by you of the intellectual property, privacy or other rights of third party. This provision does not require you to indemnify any of the LYFE Parties to the extent that a claim arises from any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the LYFE App.

 

LYFE reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LYFE in asserting any available defence and doing so will not otherwise excuse your indemnity obligations.

 

24. Representation and warranties.

 

You represent and warrant to us that: (a) you are at least eighteen (18) years of age (or as otherwise provided in section 6 above); (b) you are eligible to register and use the LYFE App and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name; (d) you and all transactions initiated by you will comply with laws, rules, and regulations Applicable to you and/or your business, including any Applicable tax laws and regulations; (e) you will not use the LYFE App, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the LYFE App; and (f) your use of the LYFE App will be in compliance with this Agreement.

 

25. Disclaimer of warranties and conditions.

 

You expressly understand and agree that the LYFE App is provided on an “as is” and “as available” basis and your use of the LYFE App is at your own risk. To the maximum extent permitted by Applicable law, the LYFE App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from LYFE or through the LYFE App will create any warranty not expressly stated herein. Without limiting the foregoing, LYFE, its processors, its providers, its licensors (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that any content or information provided through the LYFE App, including, without limitation, any business listings, or ratings, reviews or metrics found on, used on, or made available through the LYFE App, is accurate, reliable or correct; that the LYFE App will meet your requirements; that the LYFE App will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the LYFE App is free of viruses or other harmful components. You acknowledge and agree that LYFE is not liable to you for any loss or damage that might arise, for example, from the LYFE App’s inoperability, unavailability or security vulnerables, or from your reliance on the quality, accuracy, or reliability of any content downloaded or otherwise made available through use of the LYFE App, including, without limitation, any business listings, ratings, reviews or metrics found on, used on, or made available through the LYFE App. Your sole and exclusive right and remedy in case of dissatisfaction with the LYFE App, or the content or services made available through the LYFE App shall be your termination and discontinuation of access to, or use of the LYFE App.

 

LYFE does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the LYFE App or any hyperlinked website or service, or featured in any banner or other advertising, and LYFE will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

 

26. Limitation of liability and damages.

 

You understand and agree that, to the maximum extent permitted by Applicable law, in no event shall LYFE, its processors, its suppliers, or its licensors (or their respective affiliates, agents, directors, and employees) be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the LYFE App. Under no circumstances will LYFE be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the LYFE App, your LYFE App account, or the information contained therein.

 

To the maximum extent permitted by Applicable law, LYFE, its processors, its suppliers, and its licensors (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the LYFE App; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the LYFE App; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the LYFE App by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the LYFE App; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall LYFE, its processors, agents, suppliers, or licensors (or their respective affiliates, agents, directors, and employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding £500.

 

The LYFE App is controlled and operated from facilities in the UK. LYFE makes no representations that the LYFE App is Appropriate or available for use in other locations. Those who access or use the LYFE App from other jurisdictions do so at their own volition and are entirely responsible for compliance with all Applicable laws and regulations, including but not limited to export and import regulations. You may not use the LYFE App if you are a resident of a country embargoed by the UK, or are a foreign person or entity blocked or denied by the UK government. Unless otherwise explicitly stated, all materials found on the LYFE App are solely directed to individuals, companies, or other entities located in the UK.

 

27. Dispute resolution

 

Any dispute arising out of or in connection with this Agreement, including any question regarding the validity, existence or termination of this Agreement and/or this arbitration clause, shall be referred to and finally resolved by arbitration in London conducted in the English language by a sole arbitrator pursuant to the ICIA arbitration rules which are deemed to be incorporated by reference into this clause.

 

28. Exclusive venue.

 

To the extent the Parties are permitted under this Agreement to initiate proceedings in a court, the Parties agree that the courts of England & Wales will have exclusive jurisdiction over all claims and disputes arising out of or relating to the Agreement.

 

 

29. Right to amend.

 

We may, in our sole discretion, change or add to the terms of this Agreement at any time, and change, delete, discontinue, or impose conditions on any feature or aspect of the LYFE App. We will also update the “last updated” date at the top of this Agreement. Any use of the LYFE App after our publication of any such changes shall constitute your acceptance of this Agreement as modified. If you do not agree to any changes, you must stop using the LYFE App, and you can terminate your LYFE App account by emailing app@thelyfeclub.co.uk . It is your obligation to ensure that you read, understand and agree to the latest version of this Agreement.

 

30. Assignment.

 

This Agreement, and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, transferred or delegated by LYFE without restriction. This Agreement is binding on the Parties and their successors and permitted assigns.

 

31. Third-party services and links.

 

Through the LYFE App, you may be offered and given access to services, products and promotions provided by third Parties and not by LYFE (“third party services”). If you decide to access or use these third party services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that LYFE is not responsible for the performance of these services or the acts or omissions of the entities that provide them. The LYFE App may contain links to third-party websites as a convenience to you. The inclusion of any website link does not imply an Approval, endorsement, or recommendation by LYFE. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement.

 

LYFE expressly disclaims any liability for these websites and the acts and omissions of the entities that provide them. Please remember that when you use a link to go from our website to another website, our privacy policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link in the LYFE App, is subject to that digital property’s own rules and policies.

 

32. Questions, complaints, claims.

 

If you have any questions, complaints or claims with respect to the LYFE App, please contact us at app@thelyfeclub.co.uk . We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

 

33. Electronic communications.

 

The communications between you and LYFE use electronic means, whether you visit the LYFE App or send LYFE e-mails, or whether LYFE posts notices on the LYFE App or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from LYFE in an electronic form; and (2) agree that all terms and conditions, Agreements, notices, disclosures, and other communications that LYFE provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

 

34. Release.

 

You hereby release LYFE and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the LYFE App, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the LYFE App.

 

35. General Provisions.

 

Except as expressly provided in this Agreement, this Agreement a complete statement of the Agreement between you and LYFE, and describes the entire liability of LYFE and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the LYFE App. LYFE shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of god, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. In the event of a conflict between this Agreement and any other LYFE Agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under Applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under Applicable law, and the remaining provisions will continue in full force and effect. This Agreement does not, and will not be construed to, create any Partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and LYFE. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that LYFE may have under trade secret, copyright, patent, or other laws. LYFE’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

 

36. Survival.

 

In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the individual sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement.