Terms of Service

Table of contents

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1. Introduction

1.1. These Terms and Conditions shall govern your use of Ourwebsite (Jane’s Weather), Our Application Programming Interfaces (APIs), andthe information contained in Our APIs (the API data), to provide additionalfunctionality in connection with your product offerings which may includeapplications, products, services, programs or other uses produced or providedby you, and the Services We provide regardless of your purpose in accessing Ourwebsite.

1.2. By using Our website and API, you accept these Terms andConditions in full; accordingly, if you disagree with these Terms andConditions or any part of these Terms and Conditions, you must not use ourwebsite or API.

1.3. If you register with Our website, or use any of Our APIsor Services, We will ask you to expressly agree to these Terms and Conditions.

1.4. Our website uses cookies; by using Our website andagreeing to these Terms and Conditions, you consent to Our use of cookies inaccordance with the terms of Our Privacy Policy.

1.5. In these Terms and Conditions:

  • a. ‘We’, ‘Us’, and ‘Our’ refers to Jane’s Weather Pty Ltd(ACN 649 455 443); and
  • b. the Services that We provide are detailed on the websiteHome Page (Services).

2. Members

2.1. In order to access and use the Services and APIs that Weprovide, you must subscribe via Our website. To subscribe (Subscription), youmust complete registration by providing certain information as set out on OurRegistration Page (Registration). Please also refer to Our Privacy Policylinked on Our Home Page for information relating to Our collection, storage anduse of details you provide on Registration.

2.2. You agree to ensure that your Registration details,including your name and email address, are true and accurate at all times andyou undertake to update your Registration details from time to time when theychange. If We become aware that either your name and/or email address isincorrect, We reserve the right to immediately cancel your Subscription, andOur acceptance of your Registration in the future will be at Our discretion.

2.3. On Registration, you agree to pay for Our Services (ifrequired to access that level of Service) as set out on the Home Page of Ourwebsite, or in the API agreement.

2.4. We reserve the right to terminate your Registration atany time if you have breached these Terms and Conditions.

2.5. Once you have successfully registered and provided yourcredit card information, you may be given an API licence key(s) relating to thechosen APIs. All activities that occur related to your account and API licencekey(s) are your responsibility. In the event that you suspect that either mayhave been compromised, you shall notify Jane’s Weather immediately andterminate your account. You are responsible for any and all activity inconnection with Your API licence key(s) and your account. You agree to havecomplete and correct billing and credit card information on file at all timesand to be responsible for all charges in relation to your account. All queriesrequesting data from the APIs must reference your valid login API licencekey(s). You agree to keep such account information and API licence key(s)information confidential.

3. Copyright

3.1. Subject to the express provisions of these Terms andConditions and as detailed in the Services:

  • a. We, together with Our licensors, own and control all thecopyright and other intellectual property rights in and on Our website (exceptwhere as otherwise stated); and
  • b. all the copyright and other intellectual property rightsin Our website are reserved

4. Licence to Use Website

4.1. You may:

  • a) view pages from Our website;
  • b) download pages from Our website;
  • c) print pages from Our website;
    subject to the provisions of these Terms and Conditions andas detailed in the Services.

4.2. You may only use Our website for the purpose of engagingthe Services and you must not use Our website for any other purpose

4.3. Except as expressly detailed in the Services and aspermitted by these Terms and Conditions, you must not edit or otherwise modifyOur website.

4.4. You may not:

  • a. republish any content from Our website (includingrepublication on another website) unless you credit Us;
  • b. sell, rent or sub-license any content from Our website

4.5. We reserve the right to restrict access to areas of Ourwebsite, or indeed Our whole website, at Our discretion; you must notcircumvent or bypass, or attempt to circumvent or bypass, any accessrestriction measures on Our website.

5. Acceptable Use

5.1. You must not:

a. use Our website in any way or take any action thatcauses, or may cause, damage to the website or impairment of the performance,availability or accessibility of the website;

b. use Our website in any way that is unlawful, illegal,fraudulent or harmful, or in connection with any unlawful, illegal, fraudulentor harmful purpose or activity;

c. use Our website to copy, store, host, transmit, send,use, publish or distribute any content which consists of (or is linked to) anyspyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or othermalicious computer software;

d. conduct any systematic or automated data collectionactivities (including without limitation scraping, data mining, data extractionand data harvesting) on or in relation to Our website without Our expresswritten consent;

e. access or otherwise interact with Our website using anyrobot, spider or other automated means;

f. use data collected from Our website for any directmarketing activity (including without limitation email marketing, SMSmarketing, telemarketing and direct mailing).

5.2. You must indemnify Us and keep Us indemnified at alltimes in respect of any loss, cost, claim or demand relating to all of thosematters detailed in Sections 5.1(a) to 5.1(f) inclusive.

5.3. You must not use data collected from Our website tocontact individuals, companies or other persons or entities.

5.4. You must ensure that all the information you supply to usthrough Our website, or in relation to Our website, is true, accurate, current,complete and non-misleading.

6. User IDs and Passwords

6.1. If you register to be a subscriber on Our website, youwill be asked to choose a user ID and password.

6.2. Your user ID must not be liable to mislead and mustcomply with the content rules set out in these Terms and Conditions; you mustnot use your account or user ID for or in connection with the impersonation ofany person.

6.3. You must keep your password confidential.

6.4. You must notify Us in writing immediately if you becomeaware of any disclosure of your password.

7. Cancellation and Suspension of Subscription

7.1. We may:

a. suspend your Subscription and your account;

b. cancel your Subscription and your account; and/or

c. edit your account details,

at any time in Our sole discretion without notice orexplanation.

7.2. You may cancel your Subscription on Our website usingyour account control panel on the website.

8. Limited Warranties

8.1. We do not warrant or represent:

a. the completeness, quality, reliability, suitability oraccuracy of the information published on Our website;

b. that the website is up to date; or

c. that the website or any of the Services will remainavailable.

8.2. We reserve the right to discontinue or alter any or allof Our Services, and to stop publishing Our website, at any time in Our solediscretion without notice or explanation; and save to the extent expresslyprovided otherwise in these Terms and Conditions, you will not be entitled toany compensation or other payment upon the discontinuance or alteration of anyof the Services, or if we stop publishing the website.

8.3. To the maximum extent permitted by applicable law andsubject to these Terms and Conditions, we exclude all representations andwarranties relating to the subject matter of these Terms and Conditions, OurServices and you use Our website.

9. Limitations and Exclusions of Liability

9.1. The limitations and exclusions of liability set out inthis Clause 9 and elsewhere under these Terms and Conditions govern allliabilities arising under these Terms and Conditions or relating to the subjectmatter of these Terms and Conditions, including liabilities arising incontract, in tort (including negligence) and for breach of statutory duty,except to the extent expressly provided otherwise in that contract or aspermitted by Law.

9.2. Subject to Australian Consumer Law, to the fullest extentprovided by law, We will not be liable for any loss or damage of any naturearising out of your use of Our Services or Our website and you hereby releaseUs in relation to the same.

9.3. We will not be liable to you in respect of any businesslosses, including (without limitation) loss of or damage to profits, income,revenue, use, production, anticipated savings, business, contracts, commercialopportunities or goodwill.

9.4. We will not be liable to you in respect of any loss orcorruption of any data, database or software.

9.5. We will not be liable to you in respect of any special,indirect or consequential loss or damage.

9.6. You accept that We have an interest in limiting personalliability and, having regard to that interest, you acknowledge that We are alimited liability entity; you agree that you will not bring any claimpersonally against any of Our officers or employees in respect of any lossesyou may suffer in connection with the website or these Terms and Conditions.

9.7. Limitation on Liability Provision of any Software underthis Agreement is experimental and shall not create any obligation for Us tocontinue to develop, productise, support, repair, offer for sale or in anyother way continue to provide or develop Software either to Subscribers or toany other party. Our Services are provided “as is” without any express orimplied warranty of any kind including warranties of merchantability or fitnessfor any particular purpose. In no event shall Our Company or its suppliers beliable for any damages whatsoever (including, without limitation, damages forloss of profits, business interruption, loss of information) arising out of theuse of or inability to use Our Services, even if We have been advised of thepossibility of such damages.

10. Breaches of These Terms and Conditions

10.1. Without prejudice to Our other rights under these Termsand Conditions, if you breach these Terms and Conditions in any way, or if Wereasonably suspect that you have breached these Terms and Conditions in anyway, We may:

a. send you one or more formal warnings;

b. temporarily suspend your Subscription and your access toOur website;

c. cancel your Subscription and permanently prohibit youfrom accessing Our website;

d. block computers using your IP address from accessing Ourwebsite;

e. contact any or all of your internet service providers andrequest that they block your access to Our website;

f. commence legal action against you, whether for breach ofcontract or otherwise; and/or

g. suspend or delete your Registration on Our website.

10.2. Where We suspend or prohibit or block your access to Ourwebsite or a part of Our website, you must not take any action to circumventsuch suspension or prohibition or blocking (including without limitationcreating and/or using a different account).

11. Variation

11.1. We may revise these Terms and Conditions from time totime.

11.2. The revised Terms and Conditions shall apply to the useof Our website from the date of publication of the revised Terms and Conditionson the website, and you hereby waive any right you may otherwise have to benotified of, or to consent to, revisions of these Terms and Conditions. In Ourdiscretion, We may give you written notice of any revision of these Terms andConditions. If you do not agree to the revised Terms and Conditions, you muststop using Our website.

12. Assignment

12.1. You hereby agree that We may assign, transfer,sub-contract or otherwise deal with Our rights and/or obligations under theseTerms and Conditions.

12.2. You may not, without Our prior written consent, assign,transfer, sub-contract or otherwise deal with any of your rights and/orobligations under these Terms and Conditions.

13. Severability

13.1. If a provision of these Terms and Conditions isdetermined by any court or other competent authority to be unlawful and/orunenforceable, the other provisions will continue in effect.

13.2. If any unlawful and/or unenforceable provision of theseTerms and Conditions would be lawful or enforceable if part of it were deleted,that part will be deemed to be deleted, and the rest of the provision willcontinue in effect.

14. Entire Agreement

14.1. These Terms and Conditions, together with Our PrivacyPolicy, shall constitute the entire agreement between you and Us in relation toyour use of Our website and the Services, and shall supersede all previousagreements between you and Us in relation to your use of Our website and theServices.

15. Law and Jurisdiction

15.1. These Terms and Conditions shall be governed by andconstrued in accordance with the Laws of Victoria, Australia.

15.2. Any disputes relating to these Terms and Conditions shallbe subject to the exclusive / jurisdiction of the courts of Victoria,Australia.