Introduction

1. These Terms and Conditions shall govern your use of Our website (Jane’s Weather), and the Services we provide regardless of your purpose in accessing Our website.
2. By using Our website, you accept these Terms and Conditions in full; accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our website.
3. If you register with Our website, or use any of Our Services, We will ask you to expressly agree to these Terms and Conditions.
4. Our website uses cookies; by using Our website and agreeing to these Terms and Conditions, you consent to Our use of cookies in accordance with the terms of Our Privacy Policy.
5. In these Terms and Conditions:
   1. ‘We’, ‘Us’, and ‘Our’ refers to Jane’s Weather Pty Ltd (ACN 649 455 443); and
   2. the Services that We provide are detailed on the website Home Page (Services).

Members

1. In order to access and use the Services that We provide, you must subscribe via Our website. To subscribe (Subscription), you must complete registration by providing certain information as set out on Our Registration Page (Registration). Please also refer to Our Privacy Policy linked on Our Home Page for information relating to Our collection, storage and use of details you provide on Registration.
2. You agree to ensure that your Registration details, including your name and email address, are true and accurate at all times and you undertake to update your Registration details from time to time when they change. If We become aware that either your name and/or email address is incorrect, We reserve the right to immediately cancel your Subscription, and Our acceptance of your Registration in the future will be at Our discretion.
3. On Registration, you agree to pay for Our Services as set out on the Home Page of Our website.
4. We reserve the right to terminate your Registration at any time if you have breached these Terms and Conditions.

Copyright

1. Subject to the express provisions of these Terms and Conditions and as detailed in the Services:
   1. We, together with Our licensors, own and control all the copyright and other intellectual property rights in and on Our website (except where as otherwise stated); and
   2. all the copyright and other intellectual property rights in Our website are reserved.

Licence to Use Website

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 and as detailed in the Services.

2. You may only use Our website for the purpose of engaging the Services and you must not use Our website for any other purpose.
3. Except as expressly detailed in the Services and as permitted by these Terms and Conditions, you must not edit or otherwise modify Our website.
4. You may not:
   1. republish any content from Our website (including republication on another website) unless you credit Us;
   2. sell, rent or sub-license any content from Our website;
   3. exploit any content from Our website for a commercial purpose.
5. We reserve the right to restrict access to areas of Our website, or indeed Our whole website, at Our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Our website.

Acceptable Use

1. You must not:
   1. use Our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
   2. use Our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
   3. use Our website to copy, store, host, transmit, send, use, publish or distribute any content which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
   4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Our website without Our express written consent;
   5. access or otherwise interact with Our website using any robot, spider or other automated means;
   6. use data collected from Our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
2. You must indemnify Us and keep Us indemnified at all times in respect of any loss, cost, claim or demand relating to all of those matters detailed in Sections 5.1(a) to 5.1(f) inclusive.
3. You must not use data collected from Our website to contact individuals, companies or other persons or entities.
4. You must ensure that all the information you supply to us through Our website, or in relation to Our website, is true, accurate, current, complete and non-misleading.

User IDs and Passwords

1. If you register to be a subscriber on Our website, you will be asked to choose a user ID and password.
2. Your user ID must not be liable to mislead and must comply with the content rules set out in these Terms and Conditions; you must not use your account or user ID for or in connection with the impersonation of any person.
3. You must keep your password confidential.
4. You must notify Us in writing immediately if you become aware of any disclosure of your password.

Cancellation and Suspension of Subscription

1. We may:
   1. suspend your Subscription and your account;
   2. cancel your Subscription and your account;
   3. and/or edit your account details,

   at any time in Our sole discretion without notice or explanation.

2. You may cancel your Subscription on Our website using your account control panel on the website.

Limited Warranties

1. We do not warrant or represent:
   1. the completeness, quality, reliability, suitability or accuracy of the information published on Our website;
   2. that the website is up to date; or
   3. that the website or any of the Services will remain available.
2. We reserve the right to discontinue or alter any or all of Our Services, and to stop publishing Our website, at any time in Our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any of the Services, or if we stop publishing the website.
3. To the maximum extent permitted by applicable law and subject to these Terms and Conditions, we exclude all representations and warranties relating to the subject matter of these Terms and Conditions, Our Services and you use Our website.

Limitations and Exclusions of Liability

1. The limitations and exclusions of liability set out in this Clause 9 and elsewhere under these Terms and Conditions govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract or as permitted by Law.
2. Subject to Australian Consumer Law, to the fullest extent provided by law, We will not be liable for any loss or damage of any nature arising out of your use of Our Services or Our website and you hereby release Us in relation to the same.
3. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
4. We will not be liable to you in respect of any loss or corruption of any data, database or software.
5. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
6. You accept that We have an interest in limiting personal liability and, having regard to that interest, you acknowledge that We are a limited liability entity; you agree that you will not bring any claim personally against any of Our officers or employees in respect of any losses you may suffer in connection with the website or these Terms and Conditions.

Breaches of These Terms and Conditions

1. Without prejudice to Our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if We reasonably suspect that you have breached these Terms and Conditions in any way, We may:
   1. send you one or more formal warnings;
   2. temporarily suspend your Subscription and your access to Our website;
   3. cancel your Subscription and permanently prohibit you from accessing Our website;
   4. block computers using your IP address from accessing Our website;
   5. contact any or all of your internet service providers and request that they block your access to Our website;
   6. commence legal action against you, whether for breach of contract or otherwise; and/or
   7. suspend or delete your Registration on Our website.
2. Where We suspend or prohibit or block your access to Our website or a part of Our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Variation

1. We may revise these Terms and Conditions from time to time.
2. The revised Terms and Conditions shall apply to the use of Our website from the date of publication of the revised Terms and Conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms and Conditions. In Our discretion, We may give you written notice of any revision of these Terms and Conditions. If you do not agree to the revised Terms and Conditions, you must stop using Our website.

Assignment

1. You hereby agree that We may assign, transfer, sub-contract or otherwise deal with Our rights and/or obligations under these Terms and Conditions.
2. You may not, without Our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.

Severability

1. If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these Terms 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 will continue in effect.

Entire Agreement

1. These Terms and Conditions, together with Our Privacy Policy, shall constitute the entire agreement between you and Us in relation to your use of Our website and the Services, and shall supersede all previous agreements between you and Us in relation to your use of Our website and the Services.

Law and Jurisdiction

1. These Terms and Conditions shall be governed by and construed in accordance with the Laws of Victoria, Australia.
2. Any disputes relating to these Terms and Conditions shall be subject to the exclusive / jurisdiction of the courts of Victoria, Australia.