Terms and Conditions
No warranties
This iphone application/website is provided “as is” without any representations or warranties, express or implied. PocketShrink makes no representations or warranties in relation to this iphone application/website or the information and materials provided on this iphone application/website.
The material contained in this iphone application/website is general in nature. It is made available on the understanding that PocketShrink is not thereby engaged in rendering professional advice
In some cases the material may incorporate or summarise views, guidelines or recommendations of third parties. Such material is assembled in good faith, but does not necessarily reflect the considered views of PocketShrink, nor indicate a commitment to a particular course of action.
Before relying on the material in this iphone application/website, users should carefully evaluate its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances.
PocketShrink acknowledge that PocketShrink, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Acknowledgement: PocketShrink and the end-user acknowledge that End-User License Agreement (EULA), is concluded between PocketShrink and the end-user only, and not with Apple. PocketShrink, not Apple, are solely responsible for the Licensed Application and the content thereof.
PocketShrink warrants that PocketShrink is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country. PocketShrink is not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Beneficiary: PocketShrink and the end-user acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA. Upon the end-user’s acceptance of the terms and conditions of the EULA (as listed on the Apple itunes website), Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
Without prejudice to the generality of the foregoing paragraph, PocketShrink does not warrant that:
- this iphone application/website will be constantly available, or available at all; or
- the information on this iphone application/website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.
Limitations of liability
PocketShrink will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this iphone application/website- to the extent that the iphone application/website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill.
These limitations of liability apply even if PocketShrink has been expressly advised of the potential loss.
Exceptions
< Nothing in this iphone application/website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this iphone application/website disclaimer will exclude or limit PocketShrink’s liability in respect of any:- death or personal injury caused by PocketShrink’s negligence;
- fraud or fraudulent misrepresentation on the part of PocketShrink or
- matter which it would be illegal or unlawful for PocketShrink to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this iphone application/website, you agree that the exclusions and limitations of liability set out in this iphone application/website disclaimer are reasonable.If you do not think they are reasonable, you must not use this iphone application/website.
Other parties
You accept that PocketShrink has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against PocketShrink’s officers or employees in respect of any losses you suffer in connection with this iphone application/websiteWithout prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect PocketShrink’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as PocketShrink.