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Terms and Conditions

 

Last updated: 30 November 2023.

 

 

THESE TERMS AND CONDITIONS APPLY TO ALL USE OF THE SMOKE FREE PLATFORM. BY CONTINUING TO USE THE PLATFORM YOU ARE INDICATING YOUR ACCEPTANCE OF THEM.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PLATFORM.

 

These terms and conditions (together with the various documents referred to in them) set out the terms of use on which you may make use of our website smokefreeapp.com (the “Website”) and the Smoke Free app (the “App”) including any of our products or services offered on the same. Use of the Website and the App (collectively the “Platform”) includes accessing, perusing, linking, copying any of the content on or using any of the functionality offered.

 

Please read these terms and conditions carefully before you start to use the Platform as they represent a binding legal agreement and you will be bound by them.

 

By using the Platform, you confirm that you accept these terms and conditions and that you agree to comply with them.

 

If you do not agree to these terms and conditions, you must not use the Platform.

 

Other Applicable Terms & Policies

 

The following additional terms also apply to your use of the Platform:

 

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

 

Our Cookie Policy, which sets out information about the cookies on the Platform.

Information about the owner of the Platform

The Platform is owned and operated by 23 Limited (“we”, “our”, “us”). We are registered in England and Wales under company number 03885216 and have our registered office at 71-75 Shelton Street, London, United Kingdom, WC2H 9JQ. You can contact us by writing to us at support@smokefreeapp.com.

Changes to these Terms & Conditions

Please note that we reserve the right to revise or amend these terms at any time to reflect changes to our business, the services we offer or changes in the law. Where these changes are significant we will endeavour to let users of the Platform know. However, it is your responsibility to check these terms before each use of the Platform and to make yourself aware of any changes. For ease of reference the top of these terms indicates the date on which they were last updated.

We May Suspend or Withdraw The Platform

We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You Must Keep Your Account Details Safe

If you choose, or you are provided with, a user identification code, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

 

We have the right to disable any user identification code, username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.

 

If you know or suspect that anyone other than you knows your user identification code, username or password, you must promptly notify us at support@smokefreeapp.com.

 

You agree that you will be solely responsible for all activity that occurs under your account and that you are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Licence

In consideration of you agreeing to abide by these terms and conditions, which we accept as sufficient consideration, we grant you a revocable, non-transferable, non-exclusive licence to use the Platform, subject to these terms, our [Privacy Policy](smokefreeapp://privacy_policy, our Cookie Policy and any other documents referred to hereunder. We reserve all other rights.

 

We may, for any reason, suspend, terminate or withdraw this licence or your access to the Platform, without notice, reason or liability to you.

Licence Restrictions

Except as expressly set out in these terms and conditions or as specifically permitted by any local law, you agree:

  • not to copy the Platform, or the data compilations, writings and information that are confidential and proprietary to us or relevant third parties, except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;
  • not to rent, lease, sub-license, loan, provide, or otherwise make available, the Platform in any form, in whole or in part to any person without our prior written consent;
  • not to translate, merge, adapt, vary or modify the whole or any part of the Platform nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform as permitted in these terms;
  • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Platform with another software program, and provided that the information obtained by you during such activities:
    • is used only for the purpose of achieving inter-operability of the Platform with another software program;
    • is not disclosed or communicated without our prior written consent to any third party;
    • is kept secure; and
    • is not used to create any software that is substantially similar to the Platform;
  • not to provide or otherwise make available the Platform in whole or in part (including object and source code), in any form to any third party without our prior written consent; and
  • to comply with all technology control or export laws and regulations that may apply to the technology used or supported by the Platform

Your Responsibilities

When using the Platform, including any contact forms that we may offer or features that we may add to the Platform in the future, you agree:

 

  • any information you submit is accurate and truthful and you will keep this information accurate and up to date;
  • to keep your any user identification codes, username and password secure at all times and to contact us immediately at support@smokefreeapp.com if you have reason to believe that they may no longer be secure;
  • that you are solely responsible for securing and backing up any information or content you share or store on the Platform; that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account / computer;
  • to accept responsibility for all activities that occur under your account or password;
  • not to use any other user’s identity to log on to or communicate via the Platform;
  • not to impersonate other people, particularly employees and representatives of 23 Limited or our affiliates;
  • not to transmit any material nor submit information or content that is unlawful or otherwise objectionable including, but not limited to, content that is defamatory, abusive, offensive, racist, sexist, homophobic, threatening, vulgar, obscene, hateful, content which promotes or incites violence or is otherwise inappropriate or objectionable or to post comments which will constitute a criminal offence or give rise to civil liability on the Platform;
  • to refrain from using the Platform and online communications systems for unauthorised mass-communication such as “spam” or “junk email”;
  • not to use the Platform to advertise or offer to sell any goods or services for any commercial purpose, or to promote any surveys, contests or chain letters without our express written permission;
  • not to infringe our intellectual property rights, or those of any third party, in relation to your use of the Platform (to the extent that such use is not licensed by these terms and conditions) including, but not limited to, not posting or making available any material which is protected by copyright, trade mark or other proprietary right on the Platform without the express permission of the owner of the copyright, trade mark or any other proprietary right. You agree that you will be solely liable for any damages resulting from any infringement of the above. If you believe that any materials on the Platform infringe your copyright or trademark or other proprietary right, you may request that they be removed. This request must be emailed with your name, address and telephone number along with any supporting information. For copyright or trademark issues relating to the Platform, please email: support@smokefreeapp.com ;
  • not to upload to the Platform files that contain viruses or files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information in the possession of any third party, and you will be solely responsible for any damages from any claims that may arise because you posted files that caused damage to the operation of another person’s software, hardware or telecommunications equipment;
  • not to use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • to evaluate for yourself the accuracy, completeness or usefulness of any opinion, advice, information or other content on the Platform;
  • to at all times comply with any applicable restrictions that apply to the use of the information displayed on the Platform presented by any relevant third party data provider or by us including, but not limited to, any such restrictions displayed on the Platform as may be updated from time to time by any third party data providers or by us;
  • not to (or attempt to) circumvent, disable, or otherwise interfere with any security related features of the Platform or features that enforce limitation on use of the Platform;
  • not to (or attempt to) use the Platform in any way that is designed to circumvent or breach the terms of any third party service with which the Platform may be integrated or otherwise connected (including, for the avoidance of doubt, use of the Platform to ‘scrape’ or duplicate any database or part of any database owned by a third party); and
  • to only use the Platform for lawful purposes and to not use the Platform in an unlawful manner or in any manner inconsistent with these terms and conditions or to act fraudulently or maliciously.

Intellectual Property

We are the owner and / or the licensee of all intellectual property rights inherent in the Platform, and in the material published on it including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software. Unless specifically stated otherwise, nothing in these terms or on the Platform shall give effect to any transfer of such intellectual property rights from us to you.

 

Your sole right to use the intellectual property inherent in the Platform is a non-exclusive licence to make use of such content only as is strictly necessary to enable you to access the Platform, to peruse its contents, use the service provided on the Platform and / or to create outputs further to the functionalities of the Platform offered and available to you.

 

In addition, you may print off one copy, and may download extracts, of any page(s) from the Platform for your personal use and you may draw the attention of others to content posted on the Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way outside of the functions made available to you on the Platform, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

Our status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.

 

You must not use any part of the content on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

 

If you print off, copy or download any part of the Platform in breach of these terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

User-Generated Content

The Platform may include information and materials uploaded by other users of the Platform. This information and these materials have not been verified or approved by us. The user-generated content on the Platform is not moderated and the views expressed by other users on the Platform do not represent our views or values.

 

If you wish to complain about information and materials uploaded by other users please contact us at support@smokefreeapp.com.

Warranties and Disclaimers

Although we make best efforts to update the information on the Platform and all information has been obtained from and is based upon sources we believe to be reliable, information as displayed on the Platform may be incomplete or otherwise condensed and will in many instances be based on, or directly affected by, your input. As such, despite our best efforts, its accuracy cannot be guaranteed. We make no representation, guarantee or warranty, expressed or implied, as to the accuracy of the information; the reasonableness of any assumptions used; the validity of such information; or that such information is complete or up to date. You shall be responsible for verifying any such information, and any results obtained from such information, on which you may choose to rely. You agree that you assume sole responsibility for all results obtained and conclusions drawn from any such information.

 

To the extent permitted by law, implied warranties or terms that cannot be contractually altered or waived, shall not apply to these terms and conditions in relation to software that is faulty or not as described where:

 

  • the defect or fault in the Platform, results from you having altered or modified the Platform; or
  • the defect or fault in the Platform, results from you having used the Platform in breach of these terms and conditions.

 

The Platform is provided “as is” and “as available” and in particular, we make no warranty or representation that:

 

  • Your use of the Platform will meet your requirements;
  • The Platform will be available;
  • Your use of the Platform will be reliable, uninterrupted, timely, secure of free from error; and
  • Any defects in the operation or functionality of the Platform will be corrected.

Save for as expressly set out in these terms, no implied warranties or other terms, including any implied term relating to satisfactory quality or fitness for purpose, shall apply to the Platform or its use by you.

Payment terms

Some products or services offered on the Platform may require payment from you (each a “Paid for Service”). You agree that all payments made in connection with any Paid for Service shall be made in accordance with any payment terms we provide to you, or are supplied by any applicable third party, governing any such payment terms including, but not limited to, the provisions of these terms and conditions and any payment terms otherwise provided to users via the Platform as may be updated from time to time.

 

You agree to pay all fees and charges, including applicable taxes, for all Paid for Services attributable to your account or otherwise incurred as and when they become due.

 

Where Paid for Services are offered on a free trial basis, payment may be required after the free trial period ends not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Paid for Services you have subscribed for, you will be charged automatically in accordance with the term you selected.

 

We reserve the right to change products, services, Paid for Services and pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

Any queries regarding payments made or billing on your account must be raised with us within 30 days.

Refund policy

We believe in providing customer service that goes above and beyond what’s expected. In terms of our refund policy, this means going above and beyond what you are entitled to by law. The exact refund terms relate to the type of payment made, please see below for more details.

 

One-off payments
Refund in full up to four weeks after payment if you are unhappy or unsatisfied in any way.

 

Subscriptions
(i) Weekly or monthly payment:
Refund in full for any current subscription period.
(ii) Quarterly or annual payment:

 

Refund in full if requested in the first four weeks. Otherwise, refund for the unused period on a pro-rata basis. For example, say you bought a yearly subscription on 1st Jan. If you ask for a refund before 28th Jan you will be refunded in full. If you ask for a refund on 1st Feb you would be refunded 11/12ths of your fee.

 

Blitz your Quit
Refund in full if requested before the first check-in. Otherwise, refund for the unused period on a pro-rata basis.a

Consequences of breaching terms

Failure to comply with these terms constitutes a breach of the terms upon which you are permitted to use the Platform, and may result in our taking all or any of the following actions:

 

  • Immediate, temporary or permanent withdrawal of your right to use the Platform.
  • Immediate, temporary or permanent removal of any user-generated content uploaded by you to the Platform.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

Indemnity

You acknowledge that you are responsible for any information or material that you upload or post on the Platform and that if you breach any of these terms and conditions you may be personally liable to any third party that suffers harm as a result.

 

You agree to indemnify and keep indemnified us, our successors and assigns, our directors, trustees, offices, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us should you breach any of these terms and conditions.

 

This indemnity includes your use of the information you read on the Platform, together with any introduction or collaboration that you enter into as a result of viewing the Platform.

Limitation of our liability

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

 

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform or any content on it, whether express or implied.

 

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Platform;
  • use of or reliance on any information or content displayed on the Platform;
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

 

Further, you acknowledge that the author of each posting on the Platform is responsible for their comments. Insofar as the law permits, we shall not be liable for any loss, damage or distress incurred as a result of material posted on the Platform.

We are not responsible for the accuracy, veracity or reliability of any opinion, advice or statement made on the Platform and such communications shall not be considered to be reviewed, screened, monitored, edited or approved by us.

 

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any content from it, or from any website linked to it.

Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of use that is cause by an Event Outside Our Control (as defined in the paragraph below).

 

An “Event Outside Our Control” means: any act or event beyond our reasonable control, including where it would be either commercially, technologically or organisationally unreasonable to mitigate the risk of the event as well as extraneous events such as (and without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, or other natural disaster, epidemic, outbreak of a disease or pandemic, compliance with any law or governmental order, rule, regulation or direction, or failure of public or private telecommunications, breakdown of plant or machinery or ICT infrastructure, or default of suppliers or subcontractors.

 

If an Event Out Our Control takes place that affects the performance of our obligations under these terms and conditions our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

Viruses

We do not guarantee that the Platform will be secure or free from bugs or viruses.

 

You are responsible for configuring your device, information technology, computer programmes and platform in order to access the Platform. You should use your own virus protection software.

 

You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.

Linking to the Platform

You may link to our Platform home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

You must not establish a link to the Platform in any website that is not owned by you.

 

The Platform must not be framed on any other site, nor may you create a link to any part of the Platform other than the home page.

 

We reserve the right to withdraw linking permission without notice.

Third party links in the Platform

Where the Platform contains links to other websites, applications or resources provided by third parties, these links are provided for your information only.

 

We have no control over the contents of those websites, applications or resources.

 

We assume no responsibility for the content of websites or applications linked to from the Platform. Such links should not be interpreted as endorsement by us of those linked websites or applications. We will not be liable for any loss or damage that may arise from your use of them.

 

If you do link from the Platform to other websites or applications, your use thereof will also be subject to those websites’ or applications’ own terms and conditions.

Advertising / Sponsorship

Inclusion of any material in advertisements or sponsors’ materials on the Platform does not constitute any guarantee or endorsement as to the quality or value of any of the products or services advertised or any claims made for the products or services by the manufacturer. Any correspondence or dealings which you may have with advertisers or sponsors promoting themselves on the Platform are solely between you and that party. We shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealing or as a result of the presence of such advertisers on the Platform.

Applicable law

Please note that these terms and conditions, and their subject matter are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any disputes. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

If you are a business, these terms and conditions and their subject matter (and any non-contractual disputes or claims) are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact Us

You can write to us at our registered office at:
71-75 Shelton Street, London, United Kingdom, WC2H 9JQ
Alternatively, please email us at support@smokefreeapp.com.