These terms and conditions (the "Terms and Conditions") govern the use of https://pocket-eye.com/ (the "Site and web app"). This Site and web app is owned and operated by Meera Radia. This Site and web app is a healthtech app.
By using this Site and web app and web app, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
All content published and made available on our Site and web app and web app is the property of Meera Radia and the Site and web app's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site and web app.
As a user of our Site and web app, you agree to use our Site and web app legally, not to use our Site and web app for illegal purposes, and not to:
If we believe you are using our Site and web app illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site and web app. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site and web app.
Limitation of Liability
Meera Radia and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site and web app.
Except where prohibited by law, by using this Site and web app you indemnify and hold harmless Meera Radia and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site and web app or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the Country of England.
Subject to any exceptions specified in these Terms and Conditions, if you and Meera Radia are unable to resolve any dispute through informal discussion, then you and Meera Radia agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Meera Radia.
Notwithstanding any other provision in these Terms and Conditions, you and Meera Radia agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and web app and the way we expect users to behave on our Site and web app. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site and web app.
Please contact us if you have any questions or concerns. Our contact details are as follows:
Flat 1, 103 Copenhagen Street, London
You can also contact us through the feedback form available on our Site and web app.
Effective Date: 28th day of July, 2022
If you have any question regarding the use of the Site, please refer first to the FAQ posted on the Site. For all other questions or comments about the Site or its contents, please email email@example.com
2. Update to Terms
4. Electronic Communications
When you visit the Site or send emails to us, you communicate with us electronically and consent to receive communications from us electronically. We may communicate with you by: (a) email to your email address indicated in your communications with us, (b) posting general notices on the Site, or (c) posting messages that are displayed to you when you log in to or access the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Access to Site
By completing the registration process, you represent that you are at least eighteen (18) years of age. We do not guarantee the continued availability of the Site to you. We reserve the right to deny your registration request or to terminate or suspend your account at any time, with or without any reason. In consideration of your use of the Site, you agree to (a) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (b) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
6. Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, but not limited to, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, Content, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the "Materials") are our property or that of our Affiliates, licensors or users and are protected by United Kingdom and/or international copyright. You may not remove any notices or credits posted on the Site, or any additional information contained along with any such notices and credits.
We grant you a limited, non-sub-licensable and non-exclusive license to access and make use of the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site for your informational, non-commercial and personal use only, solely in accordance with, and subject to, these Terms and any other agreement you may enter into with us or any of our Affiliates. Such license does not include, except as and to the extent otherwise expressly permitted by these Terms: (a) the collection, use, copying or distribution of any portion of the Site or the Materials; (b) any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Materials; (c) modifying or otherwise making any derivative uses of the Site or the Materials, or any portion thereof; (d) use of data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Materials other than for their intended purposes.
Any use of the Site or of any Materials not owned by you, other than as specifically authorised herein, without our prior written consent, is strictly prohibited and will terminate this license grant and constitute a breach of this license grant. Such unauthorised use may also violate applicable laws, including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless otherwise expressly stated, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. In the event any license (which is not expressly granted under these Terms) is otherwise deemed to be granted to you by operation of law or otherwise, you hereby irrevocably assign to us forever all right, title and interest therein, without any fee. In addition, such license will be revocable by us at any time without any penalty.
Without our express consent, you agree that: (i) you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site, or any pages or content available on the Site, for any other purpose; (ii) you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (iii) you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and (iv) you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site.
7. Copyright Complaints
It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please notify us through the process set forth below. If we determine, based on our sole discretion that you are a repeat offender under UK Copyright Law, all your content will be removed, and we reserve the right to take whatever other actions we deem necessary, including notifying the appropriate government authorities. We may at our sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any of our intellectual property rights or those of others (including, but not limited to, our Affiliates), whether or not there is any repeat infringement.
WRITTEN NOTICE OF ANY CLAIMED COPYRIGHT INFRINGEMENT MUST BE SUBMITTED TO THE DESIGNATED AGENT NAMED BELOW. ANY NOTICE SENT TO THE DESIGNATED AGENT MUST MEET THE REQUIREMENTS OF THE ACT.
Designated to Receive Notification of Claimed Infringement:
Name: Meera Radia
Note: any email notifications should include "notice of alleged service provider infringement" in the subject line of the email.
Such notice must include the following information:
1. The name, address, and electronic signature of the complaining party.
2. A description of the infringing materials and a link to the infringing materials, or if a link is not available a description of the location of these materials on the website.
3. Sufficient information to identify the copyrighted works.
4. A statement by the copyright owner that the copyright owner has a good faith belief that there is no legal basis for the use of the materials complained of.
5. A statement of the accuracy of the statements made and, under penalty of perjury, a statement that the complaining party is authorised to act on the behalf of the copyright owner.
Once proper notice is given, we will take the material down. A party whose material was removed improperly may send counter notice to the above-referenced address. Counter-notice must include the following:
1. The sender’s name, address, phone number and physical or electronic signature.
2. Identification of the material and its location prior to removal.
3. A statement under penalty of perjury that the material was removed by mistake or misidentification.
4. The sender’s consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.
You are granted a limited, non-sub-licensable and non-exclusive right to create a text hyperlink to the Site for non-commercial purposes; provided such link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner; and provided, further, that the linking site does not contain any pornographic, illegal material or material that is offensive, harassing or otherwise objectionable material. This limited right may be revoked by us at any time, with or without any reason. You may not use a PocketEye (Radia Rocket Limited) logo or any other of our proprietary graphics to link to the Site without our prior written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any of our copyright or proprietary rights or those of any third party.
9. Third Party Sites
We may host or provide links to products, Web pages, Websites and other content of third parties (Third Party Sites). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Website or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which you navigate from the Site.
10. Advertisements and Promotions; Third Party Products and Services
We may run advertisements and promotions from third parties on the Site or may otherwise provide information or links to third party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Site.
11. User content or Interactive Areas
The Site includes (or may include in future) content hosting and storage services, discussion forums, user-generated content or other interactive areas or services (collectively, Interactive Areas), including, but not limited to, galleries, forums, chat rooms, blogs, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site (collectively, User Content). You are solely responsible for your use of and access to the Interactive Areas and you will use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
1. Any User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including, but not limited to, any User Content containing nudity that would be unacceptable to display publicly (in our sole opinion);
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of us or others (including, but not limited to, our Affiliates), endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
3. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of us or others (including, but not limited to, our Affiliates). By posting any User Content, you represent and warrant that you have the lawful right to use, display, distribute, and reproduce such User Content;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of us or others (including, but not limited to, our Affiliates), including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
8. User Content that, in our sole judgment, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose us or our users to any harm or liability of any nature or type.
Although we prohibit certain activities in these Terms, we do not control and take no responsibility or liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter by use of the Site, including the Interactive Areas. Your use of the Site and the Interactive Areas is at your own risk. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by our users in any public gallery, forum, personal home page or other Interactive Area. We have no obligation to screen, edit or monitor any User Content posted in any Interactive Areas.
Judgments as to the acceptability of User Content are at our sole discretion, and we reserve the right, and have absolute discretion, to remove, screen or edit the Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
You understand and acknowledge that any User Content contained in public postings, including, but not limited to, any portions of the Site that may be designated as private, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others, including, but not limited to, appearing on other Websites and in search engine results. Therefore, you should be careful about the nature of the Content you post. We will not be responsible or liable for any third party access to or use of the User Content you post. You represent and warrant that: (a) you own or otherwise control all of the rights to the User Content that you post, or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content you supply is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If you post User Content to the Site, unless we indicate otherwise, you grant us and our Affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site. You grant us and our Affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
12. Your Submissions
By posting any content on the Site, you represent, warrant, and promise to us that you have provided notice as required under applicable law and obtained all consents, releases and licenses from any and all persons and entities that appear in any content you post, or that have any interest in any content you post. We shall not be responsible for obtaining any permissions, releases, licenses, or consents for any content you post to the Site.
By posting any content on the Site, you grant us a perpetual, non-exclusive, royalty-free right to use, publish, distribute, reproduce, perform, adapt and display such content on the Site, including, but not limited to, the right to use the name that is submitted in connection with such content. You further understand and agree that, in order to help ensure smooth operation of the Site, we may keep backup copies of such content indefinitely.
Notwithstanding the foregoing, you acknowledge and agree that any materials, including, but not limited to, questions, comments, suggestions, feedback, ideas, plans, creative materials or other information or work of authorship, provided by you in the form of email or other submissions to us or otherwise posted on the Site will become our sole property. We will own worldwide and exclusive rights, including, but not limited to, all intellectual property rights embodied therein, and will be entitled to the unrestricted use and dissemination of such submissions for any purpose, commercial or otherwise, without acknowledgment or compensation or reimbursement of any kind to You. By making such submissions, you acknowledge and agree that: (a) your submissions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the submissions; (c) we will be entitled to use or disclose (or choose not to use or disclose) any submissions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the submissions already under consideration or in development; (e) your submissions automatically become our property without our obligation to you; and (f) we may, but are not obligated to, review or monitor areas on the Site where users may transmit or post communications.
13. Disclaimer of Warranties
THE SITE, THE MATERIALS, THE CONTENT, AND OTHER INFORMATION AVAILABLE ON THE SITE (INCLUDING, BUT NOT LIMITED TO, IN THE POCKETEYE BLOG) ARE PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND - WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE. WE EXPRESSLY DISCLAIM, WITHOUT LIMITATION, ANY WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WE DO NOT REPRESENT OR WARRANT THAT THE MATERIALS, THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE (INCLUDING, BUT NOT LIMITED TO, IN THE POCKETEYE BLOG) ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF DEFECT, STABLE OR ERROR-FREE OR THAT THE SITE, ITS WEB SERVERS OR ANY EMAIL SENT BY US OR FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
WE ALSO MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS - WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USE - REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND WILL NOT BE LIABLE FOR ANY UNAUTHORISED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE, THE MATERIALS, THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE (INCLUDING, BUT NOT LIMITED TO, IN THE POCKETEYEBLOG).
14. Limitation of Liability
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Disclaimer of Tort Liability
The foregoing warranties and remedies are EXCLUSIVE and you waive and release all other warranties, obligations, and liabilities of us and all other remedies, claims, and rights that you may have relating in any way to the Site, the Materials, and the Content, whether arising from contract, warranty, strict liability or tort or from our negligence, tort or other fault, including, but not limited to, claims for loss of or damage resulting from the use or access to any Content.
You agree to indemnify, defend and hold us, our Affiliates, and our and their respective independent contractors, service providers, consultants, directors, officers, employees and agents, and applicable third parties (such as licensors, partners and advertisers) (collectively, the Indemnified Parties) harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities, losses and expenses (including, but not limited to, penalties, fines, damage awards, settlement amounts, and reasonable attorneys' fees) brought against any Indemnified Parties, arising out of or relating to (a) your use of the Site, the Materials, or the Content (including, but not limited to, your use, installation or service of the Materials, or the Content); (b) your conduct; (c) your failure to perform your obligations under these Terms (including, but not limited to, your violation of these Terms); (d) any violation of applicable law, rules or regulations by you or your personnel; and/or (e) your violation of the rights of any third party.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
Your use of the Site is subject to all applicable local, state, national and international laws and regulations. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. The application of the Uniform Computer Information Transactions Act is expressly excluded. You will not assign any of your rights and obligations under these Terms without our prior written consent. Nothing in these Terms will restrict or limit any assignment by us of our rights or obligations herein to third parties, including, but not limited to, our Affiliates. If any provision of these Terms is found to be void or unenforceable, then the remainder will have full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of these Terms.
By using the Site you confirm:
YOU MAY REVOKE YOUR CONSENT TO HAVE YOUR PERSONAL INFORMATION TRANSFERRED OUTSIDE THE UNITED KINGDOM OR PROCESSED WITHIN OUR SYSTEMS. TO DO SO, PLEASE CONTACT US VIA THE EMAIL ADDRESS NOTED AND INDICATE THAT YOU CHOOSE TO REVOKE YOUR CONSENT.