Date: 13th October 2016
** OUR PRODUCTS ARE NOT A SUBSTITUTE FOR SEEING A MEDICALLY QUALIFIED HEALTH PROFESSIONAL, OR A COMPREHENSIVE EYE EXAMINATION **
Thank you for using our products and services (we refer to them all here as “Products”).
By using our Products you are agreeing to comply with these terms (called simply our “Terms”). Please read them carefully. They are written as plainly and concisely as possible, but, since they are a legal contract, they aren’t that short and they do use “legal” language for the bits that specifically need it. See if you can spot them.
PROVIDER. Our Products are provided by Peek Vision Limited. That’s a company registered in England at 1 Fore Street, London EC2Y 5EJ with company number 09937174.
INSTRUCTIONS. Our Products come with instructions to help you use them effectively. Please read all Product instructions carefully, in full, and follow them every time you use the Product. Only use our Products as they are intended to be used as per their instructions, including as legally permitted, such as under applicable import and export and medical regulations.
LANGUAGE. Our Products are not available in every language. You should only use them when you can read and understand the instructions in a language you understand well enough to do so.
LIMITATIONS. Not everything that affects eye or general health causes vision problems – and not every vision problem is covered by any one (or any combination of) our Products. Our Products are not substitutes for a full eye examination, nor do they replace eye health professionals. Unless explicitly stated otherwise for a particular Product, our Products: (a) do not detect – they don’t spot eye conditions, they only provide information for guidance; (b) do not diagnose – they tell you nothing about why someone may have any issue; and (c) they do not provide treatment – they do nothing to help manage or improve someone’s symptoms, or any causes of those symptoms.
MEDICAL. Many of our Products are certified as medical devices. That means they come under specific regulations governing how they are created, described, operated and distributed. Those regulations are usually for specific legal jurisdictions, so the terms could differ between jurisdictions. Each of you and us are responsible for our own compliance with those regulations.
NON-COMPLIANCE. We may suspend or terminate your use of any Products if you do not comply, or we suspect you are not complying, with these Terms or other policies. We take this very seriously for everyone’s protection.
FREEDOM. You are not locked in to using our Products. You can stop using them at any time. We support your rights to own your data, so if we discontinue a Product that you have information in we will, wherever reasonably possible, give you reasonable advance notice and enable you to save your information.
IMPROVEMENTS. Products will often change as we add features, improve functionality and benefit from ongoing research, clinical trials, validation work and feedback. Sometimes that means removing features, functionality or whole Products altogether. We are allowed to do this under (and always subject to) these Terms.
SOFTWARE. When a Product requires or includes downloadable software (for example an app) it may update automatically on your device when we publish new versions or features for it. In some cases Products let you adjust automatic update settings.
MODIFICATIONS. Peek reserves the right to update, modify and correct Products at any time without prior notice.
LICENCE. We give you a licence to use any software provided to you as part of any Product on a personal, non-exclusive, worldwide, royalty-free, non-assignable basis. That licence is for the sole purpose of enabling you to use and enjoy the Product in the manner permitted by these Terms. You are not licensed to do anything else with the software (or any other aspect of the Product), including copying it, modifying it, distributing it, selling it, or selling access to it by any means. You also may not reverse engineer, or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our express permission to do so.
WARRANTY. Peek provides NO WARRANTY and NO GUARANTEE whatsoever under these Terms in relation to Products, including their content, operation and the results obtained by using them. Peek expressly disclaims all warranties and conditions of any kind, whether express or implied, including without limitation implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
LIABILITY. We make Products available to you “as is” and “as available” without warranty of any kind. You therefore use our Products entirely at your own risk and you can’t hold us liable to you (or anyone else) for any damages or other liability relating to use of our Products. Wherever possible we and our suppliers and distributors will not be responsible for medical claims, lost profits, revenues or data, financial losses of any indirect loss.
INDEMNITY. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Peek, its affiliates and their respective directors, officers, employees and agents from and against any and all third party claims or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or accruing from your use of our Products in violation of these Terms or your infringement of anyone’s right to privacy.
INTELLECTUAL PROPERTY. Peek and its licensors own all the intellectual property rights in our Products. Using our Products does not give you ownership of any intellectual property rights in them or the content you access. These Terms do not grant you the right to use any branding or logos used in our Products and you are not allowed to remove, obscure, or alter any legal notices displayed in or with our Products.
ACCOUNT. You may need a Peek account to use some Products or some features of Products. You may create your own account, or have one assigned to you by an administrator (like your employer), whereby extra or different terms might apply to you. You should assume an administrator can access and disable your account. In any case, you are responsible for what happens in or through your Peek account. So, keep your password confidential, don’t reuse it anywhere else and if you think your account has been compromised change your password and let us (and any administrator) know.
WHOLE AGREEMENT. These Terms make up the whole legal agreement between you and Peek in relation to Products and governs your use of them. These Terms completely replace any prior agreements between you and Peek in relation to any Product.
NON-ENFORCEMENT. If either you or we don’t comply with these Terms and the other one (either you or us) doesn’t take action right away, that doesn’t mean the other one has given up any rights they may have, such as taking action in the future.
INVALIDITY. If it turns out than any particular part of these Terms is unenforceable that won’t affect the rest of these Terms.
BUSINESS. If you’re using our Products on behalf of a business or someone else, then by doing so you are stating that you are authorised to enter into these Terms on their behalf.
BENEFICIARIES. Each member of the group of entities of which Peek is a member shall be third-party beneficiaries to these Terms and will be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favour of) them. Other than this, no one will be third party beneficiaries of these Terms.
ASSIGNMENT. Neither you nor we are allowed to (a) assign or transfer the rights under these Terms, or (b) delegate the responsibilities or obligations under these Terms, without the prior written consent of the other party. Any attempt to do so is void.
TERMINATION. These Terms only apply when you use a Product. If you stop using a Product these Terms will only apply to your previous use. If you are a business and you experience a change of control: (a) you must give us written notice within 30 days after that change of control; and (b) we may immediately terminate these Terms up to 30 days after we receive your written notice.
CHANGES. We may change these Terms or any other terms relating to a Product. We’ll notify you in advance where reasonably possible and changes won’t apply retrospectively, but please check these terms regularly. Changes made for new features or for legal reasons will be effective immediately.
LAW. These Terms are governed by the laws of England and Wales, excluding their conflict of laws provisions, and they come under the exclusive jurisdiction of the English courts (except that we may apply for injunctive relief in any jurisdiction).
CONTACT. If you experience bugs, find errors or have any other useful feedback, please tell us using the contact and feedback options in the applicable Product or via our website at www.peekvision.org.