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Peek Vision Ltd is a legal manufacturer of medical devices and a registered company incorporated in England and Wales (company number 09937174). The company is 100% owned by The Peek Vision Foundation (registered charity number 1165960). Peek Vision Ltd has two registered offices, one in Botswana and one in the UK. Peek Vision Ltd is the sole shareholder and 100% owner of Peek Vision Pty Ltd incorporated in Botswana (company number UIN BW00000520922). Peek, Peek Acuity and Peek Retina are trading names of Peek Vision Ltd.

Peek Vision Ltd registered offices: 90a High Street, Berkhamsted, Hertfordshire, England HP4 2BL (UK) and Unit G3, Victoria House, Plot 132 Independence Avenue, Gaborone (Botswana).

Copyright Notice

All content on the Site is © Copyright 2023 Peek Vision Ltd and all rights are reserved. The copyright in all of the copyright works contained within the Site is either owned by Peek Vision Ltd or licensed to it. Reproduction of part or all of the contents of any of these pages is prohibited except to the extent permitted below. This Site and its content may be viewed, downloaded, or printed for your personal use provided that you (A) include this copyright notice on each copy and (B) you make no alterations to any of the pages and (C) do not use any of the pages in any other work or publication.

Copyright works contained in these pages may not be used, distributed or copied for any commercial purpose. Without prejudice to the limited copyright licence granted above and solely to the extent that all or parts of these pages constitute a “database” for the purposes of the Copyright and Rights in Databases Regulations 1997 (the Regulations) reproduction of part or all of these pages is prohibited to the fullest extent permitted by the Regulations.

Website General Terms

  1. The information on this Site has been included in good faith for general informational purposes only. The Site may contain information submitted by a third party, including adverts. The information should not be relied upon for any specific purpose and no representation or warranty is given as to its accuracy or completeness.
  2. Any opinions (express or implied) are those of the individual authors and not necessarily those of Peek Vision Ltd or its partner organisations.
  3. Except for any express warranties or undertakings given on the Site, we exclude all warranties (express or implied) in respect of the Site and the content of and your use of the Site.
  4. By using our Site you agree to the terms of our Privacy Policy. We use analytical tracking tools to learn how our Site is used, to find out if it works as intended and to help us make it even better. We do this using industry standard tools that use anonymous, aggregate data sent to us by our Site. That may include information about what results the Site returns and how the Site is functioning.
  5. We shall not be liable to you for any loss that you suffer (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) howsoever arising, whether in contract, tort or otherwise from your use or inability to use this Site, or any of its contents, or from any action or omission taken as a result of using this Site provided that nothing in these terms shall exclude or limit our liability for personal injury or death caused by our negligence.
  6. We may provide links to other websites from time to time. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, we are not responsible for the availability of them and will not be liable in any way for any loss or damage which you may suffer by your use or inability to use those websites.
  7. If you decide to access linked websites you do so at your own risk. If you purchase any goods or services from a third party or third party website to which we provide a link your contract for the supply of those goods and services will be with that third party.
  8. Reference to any product or service on the Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available in all countries or that the name and description of any product in your country will be the same as that included on the Site.
  9. We have taken every care in the preparation of the Site. However, as certain technical matters may be beyond our control, we cannot guarantee that you will have uninterrupted or error-free access to the Site at all times.
  10. We make no warranty that the contents of the Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
  11. We reserve the right at any time, without liability for doing so, to modify or discontinue, temporarily or permanently, any of the content, functions or services we offer on the Site (or any part of them) with or without notice. This includes removing information transmitted by you to us.
  12. You agree that the information you provide us with when you use the Site will be true and complete and that you will keep it true and complete.

Use of the Website

You agree not to use the services we provide via the Site to:

  1. transmit any information or do anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the services
  4. transmit any information that you do not have a right to transmit or which infringes another’s rights;
  5. transmit any unsolicited or unauthorised promotion (including, without limitation, “junk mail”, “spam”, “chain letters” or “pyramid schemes”);
  6. transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services; or collect or store personal data about other users.

Products Terms of Use

** OUR PRODUCTS ARE NOT A SUBSTITUTE FOR SEEING A MEDICALLY QUALIFIED HEALTH PROFESSIONAL, OR A COMPREHENSIVE EYE EXAMINATION **

Hello!

Thank you for using Peek Acuity (we refer to it here as “Products”). Terms of Use for our Peek-powered programmes and rapid assessments are governed by separate licence agreements.

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 with a registered office at 90a High Street Berkhamsted, Hertfordshire HP4 2BL United Kingdom, UK 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.

PRIVACY. By using our Products you agree to the terms of our Privacy Policy. We use analytical tracking tools to learn how our Products are used, to find out if they don’t work as intended and to help us make them even better. We do this using industry standard tools that use anonymous, aggregate data sent to us by our Products. That may include information about what results the Product returns and how the Product is functioning. Unless we explicitly say otherwise, that doesn’t include any personally identifiable information about you, or anyone else.

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.

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.

Amendments

We reserve the right to amend these Terms without notice to you from time to time. Any such amendment shall be effective once the revised terms have been posted on the Site.

Applicable Law

These Terms are governed by the laws of England and Wales, excluding their conflict of laws provisions. They come under the exclusive jurisdiction of the English courts (except that we may apply for injunctive relief in any jurisdiction).

Comments

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