Terms and conditions of sale

BY USING SUBSCRIBER CONTENT ON MYPODPLAN.CO.UK, YOU AGREE TO THE TERMS AND CONDITIONS OUTLINED BELOW.

www.mypodplan.co.uk ("our Site") welcomes you. We've produced these terms and conditions, along with a few other relevant documents, to explain how our website operates when you buy a subscription to our subscriber content.

When you decide to buy a subscription (also referred to as membership), we will ask you to confirm that you have read and agreed to these terms and conditions. We regret that you will be unable to use our Service if you do not agree. Please click here to read our full privacy policy.

Overview

In this Policy, the following terms shall have the following meanings:

• The terms "we," "us," and "our" refer to Lumen Later Life Living Pty Ltd.
• The term "Site" refers to mypodplan.co.uk.
• "User," "you," and "your" refer to site visitors, customers, subscribers, members, and any other site users.
• The term "Subscriber Content" refers to digital content provided by us on our Site, such as articles, how-to guides, explainer style videos, access to the PodVault, service and product directories and recommendations for third-party service providers, as well as private messages and consultations.
• The term "Subscription" refers to a membership subscription to our site that provides access to Subscriber Content.
• The term "Subscription Confirmation" refers to our acceptance and confirmation of your subscription purchase.

About us

Lumen Later Life Living Pty Ltd, a limited company incorporated in England under company number 11355315, whose registered address is 92 Station Lane, Hornchurch, Essex, RM12 6LX, United Kingdom, owns and operates our Site. Our VAT registration number is 332802526.

Business Customers

Except as authorised in a separate agreement, these Terms and Conditions do not apply to customers paying corporate subscriptions and using Subscriber Content in the course of business.

Service

Podplan (the "Service") is a membership site that provides online guides, information, tools, and other content related to elder care understanding, planning, and management.

The following Terms and Conditions govern the use of mypodplan.co.uk, including all materials contained herein and any other online services supplied by Lumen Later Life Living Ltd. These Terms and Conditions apply to all visitors, customers, and other Site users. By using the Site or Service, you agree to these Terms and Conditions in their entirety and acknowledge having read them.

The parties agree that the Service is educational in nature. Lumen Later Life Living Pty Ltd's scope of services under this Agreement is restricted to those specified on the myPodplan.co.uk website. Lumen Later Life Living Pty Ltd retains the right, without prior notice, to substitute services that are equal to or comparable to those described. Please keep in mind that this does not exclude us from improving Subscriber Content and going beyond the original description.

Use of The Site and Service

You must be at least 18 years old in order to access or use the Site, and you must be able to enter into these Terms and Conditions with the necessary legal capacity. The Site is not intended for children under the age of 18. The material on the Site and in the Service about elder care and other topics is subject to change. Lumen Later Life Living Pty Ltd makes no claim or warranty that the information provided (the "Subscriber Content"), regardless of its source, is accurate, complete, reliable, current, or error-free. Lumen Later Life Living Pty Ltd disclaims all responsibility for any inaccuracy, error, or incompleteness in the Subscriber Content.

Account Creation

To use the Service, you must provide information about yourself such as your name, email address, username and password, and any personal information relevant to the Subscriber Content to which you have access. Our Site will guide you through the steps of creating an account. You agree that any registration information you provide to Lumen Later Life Living Pty Ltd will be accurate, correct, and up to date at all times. You must not impersonate another individual or offer account information or an email address that is not your own. Your account may not be used for any illegal or unauthorised activity. You must not violate any laws in your jurisdiction by using the Service.

Pricing

Our prices are subject to change at any time. Price changes will not affect any existing Subscriptions but will apply to any new Subscriptions.

Payment

• Subscription payments must always be made in advance.  Your chosen payment method will be charged when we process your order and send you a confirmation email.
• Stripe is the payment processor on our Site.  Stripe accepts the following debit and credit cards: Visa, Mastercard, and American Express. We also accept Apple Pay and Google Pay.
• We will suspend your access to the Site and Service if you do not make any payments due to us on time.  Any outstanding amounts owed to us will remain due and payable.
• All of the prices on our Site include VAT. If the VAT rate changes between the time your order is placed and the time we accept payment, the amount of VAT payable will be automatically updated when we accept payment.
• If you believe we have charged you an incorrect amount, please contact us as soon as possible by emailing support@mypodplan.co.uk to let us know.

Lawful Purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made on the Site by you or someone acting on your behalf.  You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to legal liability, or otherwise violate any law.

Refusal of Service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.

Order Confirmation

We will send you an email to confirm the placement of your order as well as details about product delivery and ongoing payments. It is your responsibility to notify us as soon as possible if there is an error with this email confirmation.

Duration of The Agreement

• Once confirmed, we will grant you access to the Service. You accept and acknowledge that access to the Service may be influenced and affected at times by third-party providers we use to provide the Service (e.g. web hosting, scheduling plugins, and so on). You accept and acknowledge that no breach of contract action may be initiated against Lumen Later Life Living Pty Ltd where access to the Service is reasonably delayed.
• Lumen Later Life Living Pty Ltd reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
• If you pay on a monthly basis, you will have access to the Service for one month. If you do not pay your monthly Subscription payment, your access to the Service will be cancelled.
• You may cancel your subscription's automatic renewal at any time, and your access to the Site will stop at the end of the current contracted period.
• If Lumen Later Life Living Pty Ltd is dissolved or ceases to exist for any reason, your access to the Service will end.

Cancellation and Refunds

• We provide a 7-day money-back guarantee if you are dissatisfied with the Service within the first 7 days of your subscription. To obtain a refund under the guarantee, cancel your subscription via your account link and then email support@mypodplan.co.uk. Refunds will be provided within 14 calendar days using the same payment method that you used to purchase your Subscription.
• The 7-day refund period applies only to your first subscription and can only be used once. It does not apply to PodPlanPlus consultations.
• Due to the nature of the product, this guarantee does not apply if you have downloaded content from the site.
• Ongoing members - You may cancel your monthly subscription at any time by clicking on the Account link, however owing to the nature of the Service, no refunds will be granted for any membership costs already paid, with the exception of the 7-day money-back guarantee indicated above.
• After your current subscription period expires, you will no longer have access to the Service, including its content and resources.
• If you cancel your Subscription before your renewal date, you will not receive a partial refund; however, you will keep access to the Service until the end of your payment term.
• It is entirely your responsibility to ensure that you cancel your account in a timely manner if you no longer require the Service and do not wish to be billed further.
• Please contact your local Citizens' Advice Bureau or Trading Standards Office for more information on your consumer rights.

Product Description

We make every effort to accurately describe and portray our Service. While we make every effort to explain the Service as clearly as possible, please do not assume that the Site is completely accurate, up-to-date, or error-free. We may correct pricing and description inaccuracies from time to time, for example, if benefit rates have changed. We reserve the right to refuse or cancel any purchase with an inaccurate price listing.

We update and change the content of our Site, including Subscriber Content, on a regular basis in order to provide you with the best product possible, and changes to the type, character, and/or substance of certain content may be made from time to time, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues.  These adjustments will not impact the main characteristics of the Subscriber Content and should not normally affect your use of that Subscriber Content.  However, if any changes are made that would affect your use of the Subscriber Content, you will be notified.

Material You Submit to The Site

Lumen Later Life Living Pty Ltd may choose to provide access to community or social media platforms in conjunction with the Service as an extension of the Service. Lumen Later Life Living Pty Ltd is not required to provide a community platform and has complete discretion over the platform and the nature of the interaction, depending on the Service if it chooses to do so.

You agree not to upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively "Materials") protected by copyright, trademark, or another proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary rights, and the burden of determining whether or not any Materials are so protected is entirely on you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, as well as any other harm caused by such a submission. You automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or third-party rights for all Materials submitted by you to the Site.

You acknowledge that your use of these community and social media platforms is a privilege, and Lumen Later Life Living Pty Ltd may limit or deny access to these platforms for inappropriate, unpleasant, violent, or threatening behaviour. Lumen Later Life Living Pty Ltd shall use reasonable attempts to notify you of any incorrect or unauthorised content that you have posted on the freely offered community and social media platform. Lumen Later Life Living Pty Ltd is not compelled to provide notice and reserves the right to take immediate and appropriate action to safeguard the brand and image integrity of products owned by Lumen Later Life Living Pty Ltd.

Intellectual Property Rights to Your Materials

We claim no intellectual property rights over the material you may supply to Lumen Later Life Living Pty Ltd. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. The content you submit to Lumen Later Life Living Pty Ltd remains yours to the extent that you have any legal claims therein. You agree to hold Lumen Later Life Living Pty Ltd harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Lumen Later Life Living Pty Ltd for promotional, business development, and marketing purposes, without compensation to you. Before using and distributing recordings, print materials, audio, or visual representations that refer to you, we will always obtain your explicit permission.

Our Intellectual Property

The Site and Service contain intellectual property owned by Lumen Later Life Living Pty Ltd, including trademarks, copyrights, proprietary information, and other intellectual property. Lumen Later Life Living Pty Ltd’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. Except as expressly permitted for up to four additional family members, you are not permitted to disclose your account login information to a third party. All intellectual property, including Lumen Later Life Living Pty Ltd’s copyrighted materials, shall remain the sole property of Lumen Later Life Living Pty Ltd. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Subscriber Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

The PodVault

Access to the PodVault is limited to the provision of information for a single family member (or a couple living together) in accordance with the terms of your subscription. It is not permitted to use the PodVault as a repository for information for multiple users. By doing so, you will have your access revoked. In the event that your subscription ends, any data stored in the PodVault will be irretrievably erased.

Changed Terms and Conditions

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. We encourage you to review the Terms and Conditions of Sale regularly. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Lumen Later Life Living Pty Ltd is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Lumen Later Life Living Pty Ltd has been advised of the possibility of or could have foreseen the damages. In those regions that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Lumen Later Life Living Pty Ltd’s cumulative liability to you exceed the total purchase price of the service you have purchased from Lumen Later Life Living Pty Ltd, and if no purchase has been made by you Lumen Later Life Living Pty Ltd cumulative liability to you shall not exceed £100.

Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

Third Party Resources

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Lumen Later Life Living Pty Ltd. For the avoidance of doubt, some features are highlighted with the words “powered by” followed by the name of a third-party service. These services are provided for the convenience of our members and are not owned or operated by Us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, legal fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement: Waiver

This Agreement constitutes the entire agreement between you and Lumen Later Life Living Pty Ltd pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Lumen Later Life Living Pty Ltd shall be deemed or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Lumen Later Life Living Pty Ltd.

Notice

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Lumen Later Life Living Pty Ltd, 92 Station Lane, Hornchurch, Essex, RM12 6LX, United Kingdom.

Recover of Legal Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Law and Jurisdiction

These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy and Cookie Policy, available from www.mypodplan.co.uk/privacy

Complaints and Feedbacks

We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

Contacting Us

To contact us, please email support@mypodplan.co.uk or use the Contact page.