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Additional Terms of Use

General


This website was last updated on 22 Apr 2014.


Please read these Terms of Use carefully before using WeatherOnline Online Services.


The Additional Terms of Use apply to users of WeatherOnline Memberships and WeatherOnline Applications. You can use WeatherOnline Memberships and Applications provided you comply with the Terms of Use and these Additional Terms. If there is any inconsistency between the Additional Terms for a particular WeatherOnline Online Service and the Terms of Use, the Additional Terms will prevail. The Terms of Use and the Additional Terms are collectively referred to as "Terms".

This website was last updated on 22 Apr 2014.


Please read these Terms of Use carefully before using WeatherOnline Online Services.


The Additional Terms of Use apply to users of WeatherOnline Memberships and WeatherOnline Applications. You can use WeatherOnline Memberships and Applications provided you comply with the Terms of Use and these Additional Terms. If there is any inconsistency between the Additional Terms for a particular WeatherOnline Online Service and the Terms of Use, the Additional Terms will prevail. The Terms of Use and the Additional Terms are collectively referred to as "Terms".


WeatherOnline Online Services are owned and operated by WeatherOnline Limited, (referred to as "WeatherOnline" or "WO"). By using WeatherOnline Online Services ( "WO services") you agree to be legally bound by these Terms, which shall take effect immediately on your first use of WO. If you do not agree to be legally bound by all the Terms please do not access and/or use WO. WO may change the Terms at any time by posting changes online. Please review the Terms regularly to ensure you are aware of any changes made by WeatherOnline. Your continued use of WO after changes are posted means you agree to be legally bound by the Terms as updated and/or amended.


WO has the right at any time to change or discontinue any aspect or feature of WO Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of WO Services.


Definitions


"Data" means meteorological, environmental, hydrological or oceanographic data (whether historical or otherwise) and/or software, graphs, graphics, drawings, documents, trade marks, know-how or any other material provided (in whatever medium) as part of the Services.


"Fees" means in the sums payable by you to us and, in respect of the Services, either the amount posted on the Website or as otherwise notified to you when you place the Order, in each case together with all VAT, taxes and duties at the rate prevailing at the date the Services (or relevant part) are provided.


"Intellectual Property Rights" means any intellectual property right including but not limited to copyright, moral right, database right, patent, trade mark, domain name, trade secret or design right (whether registered or unregistered) or where relevant any application for any such rights in any jurisdiction.


"Mobile Services" means the Services that we supply to your mobile telephone whether in the form of a text message or graphical representation or otherwise.


"Order" means your request for us to deliver the Services whether verbally or in writing and whether electronically or otherwise.


"Premium Services" means the Services that we provide to customers who open an account with us and/or purchase a premium subscription or premium Data.


"Services" means the services that we provide to you pursuant to an Order comprising the provision of Data including without limitation the Mobile Services and the Premium Services.


"Term" means in respect of the Services, either the period during which we agree to supply you with the Services or, if the Service is a one-off service, each separate occasion on which you purchase the Service.


"We" "us" "our" means WeatherOnline Ltd.


"You" means the person, firm or company to whom we provide the Services.


Scope


The Terms will govern each Order and you will be deemed to have accepted the Terms by completing the online registration process, supplying or returning an Order to us or in any event on our commencing to provide the Services.


The Services


I. In consideration of your paying us the Fees we will provide you with the Services for the Term. You will use the Data solely for the permitted use.


II. A contract for the provision of Services will come into force either when we accept an Order in writing or when we first make available or deliver the Services to you, whichever occurs first.


III. We reserve the right at any time, subject to reasonable notice, to suspend the Services for the purposes of repair, maintenance or support, or in the event of any actual or suspected breach by you of these Terms, or immediately if there is or we believe or suspect there is any fault in the Services or in any system used by you.


IV. You will (if applicable) keep all passwords, PINs and user ids secure and confidential and will inform us immediately you become aware of or suspect any unauthorised use or breach of security or fraud. You accept that we may suspend or change any password, PIN or user id.


V. You accept that it may be necessary to upgrade or change the content of the Services during the Term.


VI. You are solely responsible for installing update(s) to an Application. You acknowledge that you may not be able to access or use an Application or access WO Content via the Application unless you install relevant update(s).


The Fees


I. We will not be obliged to supply you with any Services until you have paid us the Fees in full.


II. We may, in our absolute discretion, allow you to pay for Services by invoice. In such circumstances, if you fail to pay the Fees or any part of the Fees in accordance with the payment terms set out in our invoice then, without prejudice to our other rights and remedies, we may suspend any Services.


III. We reserve the right to require you to make advance payments on account of the Fees before we provide any Services.


IV. You acknowledge that you will retain the risk of exchange rate fluctuations for all payments made in approved foreign currencies.


Disclaimers of Warranty and Limitation of Liability


I. Whilst we will use reasonable skill and care in the provision of the Services, because of the inexact nature of forecasting, we do not warrant that the Data will be fit for your particular purpose nor do we warrant the accuracy or completeness of any Data. We cannot accept any liability for any losses incurred by you or any third party as a result of your or their reliance on Data and/or reports or any other information supplied to you as part of the Services.


II. You expressly agree that use of WO Services is at your sole risk. Neither WO, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that WO Services will be uninterrupted or error free, that defects will be corrected, or that WO or the server that makes it available are free of viruses or bugs. Nor do they make any warranty as to the results that may be obtained from use of WO Services, or as to the accuracy or reliability of any information, service or merchandise provided through WO Services.


III. WeatherOnline Ltd content, including the information, names, images, pictures, logos and icons regarding or relating to WeatherOnline Ltd, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.


IV. We exclude all other warranties, conditions, terms, undertakings and obligations whether express or implied by statute or otherwise to the fullest extent permitted by law.


HOWEVER NOTHING IN THESE CONDITIONS AFFECTS THE STATUTORY RIGHTS OF A CONSUMER.


Proprietary rights


I. Any and all proprietary rights in the Data, the Services and the Reports are subject to copyright protection. You will not acquire nor will you attempt to register any Intellectual Property Rights in the Data and/or Reports. You may view, print and use the Data and/or Reports we provide solely for the permitted use but any other proposed use of the Data and/or Reports is subject to a copyright licence available from us. In particular, but without limitation, you agree not, to copy, reproduce, display, promote or licence the Data and/or Reports or any part of them to any third party, whether for profit or otherwise, without our prior written consent.


II. "WeatherOnline" and its logo(s) are registered trade marks of WeatherOnline Ltd. You do not have the right to use or reproduce our logo(s) without our prior written authorisation.


Termination


I. Notwithstanding anything else contained in these Terms, we may, at our option, suspend or terminate the Services immediately on giving notice to you if you fail to pay any amount that is due for payment under these Terms; or you commit any other breach of any of these Terms and in the case of a breach which is not persistent and which is capable of being remedied, have failed, within 14 days after we have requested you in writing, to remedy the breach.


II. The termination or expiry of the Services for any reason will not affect any accrued rights or liabilities which either you or we have, nor will it affect the coming into force or the continuance in force of any of these Terms which is expressly, or by implication, intended to come into or to continue in force on or after termination; and/or will not entitle you to any refund of the Fees.


Delays


We will not be liable for any delay in performing or failure to perform the Services caused by circumstances beyond our control and we will be granted a reasonable extension of time for the performance of the Services.


These terms shall be governed by and interpreted in accordance with the laws of England and Wales.


WeatherOnline Limited
Registered in England and Wales
Company No. 04619915


Carrwood Park
Selby Road
Leeds
LS15 4LG
United Kingdom