Weather IQ Terms & Conditions
Last updated: 1st December 2023
General Disclaimer
Please read this agreement carefully before using this web site or any of our social media outlets.
By accessing the web site and all of its services, you agree to be bound by and understand the terms and conditions below. If you do not wish to be bound by these terms and conditions, you must not access or use the web site. Weather IQ may modify these terms and conditions from time to time in its sole discretion without notice. It is recommended that users of the website read these terms and conditions regularly to keep current with any changes.
Weather IQ presents the information on this web site as a service to Internet users, including members of the general public. While the information on this site is about general weather information and in particular tropical cyclones, it is not intended as a substitute for the particularized and professional advice of the official national meteorological agency (the Bureau of Meteorology) People seeking specific and commercial weather advice or assistance should contact and consult the Bureau Of Meteorology. The content of any Internet e-mail, chat session, private message, social media message, phone call, image or video sent to Weather IQ or received from Weather IQ or any of its team members/administrators/representatives at the e-mail addresses, phone numbers or alternative contacts set forth in this web site or on our social media outlets will not create a professional relationship and will not be treated as confidential. Transmittal of information from this site or any use of electronic mail is not intended to create or establish a professional relationship between Weather IQ and anyone else.
1. GENERAL TERMS AND CONDITIONS
1.1 Interpretation
In these terms and conditions:
1.1.a "us", "we" "our" and "Weather IQ" are all references to Weather IQ and include its employees, agents and related representatives.
1.1.b "the website" means www.weatheriq.com.au or any related/linked domain name extensions and social media pages bearing the same or similar names that are controlled by us. It also includes our previous domain name of www.ozcyclonechasers.com.au and any social media pages bearing the same or similar name that are controlled by us.
1.1.c "user", "you", "your" means the user of the website or social media pages.
1.1.d "Services" means the forecasts/outlooks and general information provided by Weather IQ on the website and related social media sites.
1.2 Services
1.2.a Weather IQ is an online weather information resource primarily for Australians but is also used by other people around the world, We provide cyclone outlooks and forecasts along with general weather information to the public using a variety of resources. We also document tropical cyclones live on the ground and attempt to gather meteorological data, video evidence and photographical evidence of their impacts. We also provide a Weather Centre with access to computer model graphics, satellite, radar and in the future, weather warnings, observations and forecasts We endeavour to share this data where possible with our subscribers and the general public. In the future we will also be providing other services.
1.3 Disclaimer/Liability
By accessing the website you agree and acknowledge that:
1.3.a You use and rely on any information solely at your own risk and judgment. We are not liable for any reliance on any information displayed on the website or related social media sites.
1.3.b Our liability is excluded for any loss occasioned by a user of the website, or any other person, through direct or indirect use of the website or social media outlets, including but not limited to, loss of information, loss of profits, loss of business, loss of a chance, general and special damages, and consequential and incidental loss.
1.3.c To the maximum extent permitted by law Weather IQ’s liability and responsibility (including that of any of its employees, agents or any related representatives) to you or any other person, in connection with the services or any material posted on the website, your inability to use the services or this website is excluded regardless of whether any such liability arises in equity, tort (including negligence), contract, breach of statutory duty or by any other operation of law or legal process that may arise whether direct or indirect, including without limitation, loss of profits, loss of data, loss of business, loss of any anticipated savings, or any general or special damages or consequential or incidental losses.
1.3.d Although we regularly scan for viruses and typographical errors, Weather IQ gives no guarantee that the website will be provided free of errors and/or viruses.
1.3.e Due to the nature of our work, Weather IQ gives no warranty that the outlooks posted, or Services provided are secure, accurate and or timely.
1.3.f You indemnify Weather IQ and any of its employees, officers agents or any related representatives for any loss caused by your failure to adhere to these terms and conditions.
1.4 Intellectual Property
1.4.a Images, pictures, logos, videos and information content used on the website remains the property ofWeather IQ.
1.4.b We will provide credit for images used that do not belong to Weather IQ, if you feel we have used an image that was not credited correctly please let us know in writing.
1.4.c By accessing the website the user agrees not to breach or infringe on any intellectual property rights including but not limited to; trademarks, copyrights, patents or designs.
1.4.d Copyright is reserved for the website and as such no information displayed on the website may be republished, reproduced, or used by any party without the express consent in writing by Weather IQ.
1.5 Acceptable Use
1.5.a By accessing the website and our social media pages you agree not to engage in any form of hacking or otherwise subverting or stealing the source code comprising the website.
1.5.b No user may access the website other than for the websites’ intended purpose and shall not (for example but not limited to):
1.5.b.i Engage in any data mining activity.
1.5.b.ii Resell or use the information displayed on the website or social media pages for commercial gain.
1.5.b.iii In the case of lightning data supplied by Early Warning Network (EWN) on the Weather IQ Weather Centre interface. It is expressly prohibited to share, or transmit this data in any way on public forums, social media sites, websites or any other printed and electronic media in the public domain. Only Weather IQ have the authorisation to share this data in the public domain with proper acknowledgement of the data supplier (EWN). Members and the general public are free to 'onshare' any data that we have already made public ourselves as long as the proper acknowledgement of the data supplier (EWN) and the data centre (The Weather Centre) remains in place.
1.6 Governing Law
1.6.a You agree by accessing the website and our social media pages that this agreement and your non-professional relationship with Weather IQ will be governed exclusively by the laws of Australia and that you irrevocably submit to the jurisdiction of the Courts of Australia.
1.7 Links
1.7.a The website and social media pages may contain links to third party websites, we are not responsible in any way for the contents of any linked website.
1.7.b Weather IQ does not endorse any linked website unless expressly stated in writing.
1.8 Entire Agreement
1.8.a These terms and conditions comprise the entire agreement between you and us and replaces all prior agreements, statements, representations and understandings.
2. SUBSCRIBED MEMBER SPECIFIC TERMS AND CONDITIONS
2.1 To avoid doubt, the website’s general terms and conditions and privacy policy also apply to members and should be read in conjunction with these member specific terms and conditions.
2.2 Members agree to exclude the liability and responsibility of Weather IQ (and any of their employees and agents, and any related representatives) completely for any loss occasioned by them, through direct or indirect use of the website and/or social media, including but not limited to loss of information, loss of profits, loss of business, loss of a chance, general and special damages, and consequential and incidental loss, whether that liability arises in equity, tort, contract, breach of statutory duty or by any other operation of law or legal process that may arise.
2.3 Members will ensure that they do not disclose passwords, usernames or any login details to third parties.
2.4 Members are responsible for all actions made with their password and username on the website.
2.5 Members are not permitted to assign their membership and/or certification to the website to a third party without the express consent in writing by Weather IQ.
2.6 Members will not allow their membership to be used or subverted for illegal purposes or in contravention of the website’s terms and conditions.
2.7 Members agree that they will provide correct and accurate registration information and will ensure that they keep such information up to date including the member’s contact details in case we have to contact them.
2.8 Weather IQ and any of their employees and agents, and any related representatives may in their sole discretion terminate a membership for breach of these terms and conditions without prior notice.
2.9 Weather IQ reserves the right to alter its membership structure, including but not limited to pricing, provision of services, type of services and methods of access. We will endeavour to contact subscribers prior to making any such changes.
2.10 In the case of lightning data provided by Early Warning Network as part of the Weather IQ Weather Centre. It is expressly prohibited to share, or transmit this data in any way on public forums, social media sites, websites or any other printed and electronic media in the public domain for both private or commercial use. Members found contravening this condition will have their membership revoked and membership fees will not be refunded. Members are free to ' onshare ' any data that we have already made public ourselves as long as the proper acknowledgement of the data supplier (EWN) and the data centre (The Weather IQ Weather Centre) remains in place.
2.11 Weather IQ's current billing structure is that of an initial fee for the first period followed by an automatic billing process at the end of the first period. Weather IQ will endeavour to contact members prior to their renewal date advising them of this upcoming auto renewal to the email contact address that we have on file. Members are able to cancel their auto renewal at any time. Any changes to this process will be communicated to members as per item 2.9 of these Terms & Conditions.
2.12 As per item 1.4.d, Copyright is reserved for the website and as such no information displayed on the website may be republished, reproduced or used by any party without the express consent in writing by Weather IQ. This also applies to derivative works that are found to be very similar to any original work published byWeather IQ. If found doing so Weather IQ reserves the right to cancel a membership without notice and potentially pursue further legal action.
Conclusion
We thank you for taking the time to read and understand these Terms and Conditions. This document, along with any amendments and additional notices, forms the entire agreement between you, the user, and Weather IQregarding your use of our services and website. Your continued use of our services constitutes your agreement to these terms.
We strive to ensure clarity and transparency in all our interactions. If you have any questions or need further clarification regarding these Terms and Conditions, please do not hesitate to contact us. We are committed to providing you with quality services and support.