These general terms and conditions (“General Terms”) govern your use of the website at kite.weatherintelligence.global and any provision of Services from us in connection with this Website.
These General Terms are between Weather Intelligence Pty Ltd (ABN 70 622 372 490) (We or us) and each user of the Website or the Services (You or your).
These General Terms and any Additional Terms applying to specific Services to be provided by us to you form the whole agreement between the parties unless we agree in writing otherwise. No other terms shall apply.
In these General Terms, capitalise words shall have the meaning given to them below:
Proprietary Content means:
(a) this Website;
(b) all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Website, and the selection and arrangement thereof); and
(c) all software, systems and other information owned or used by us in connection with the products offered through this Website (whether hosted on the same server as this Website or otherwise).
Services means (as applicable):
(a) the relevant services to be provided by us in connection with the Website; and/or
(b) the provision of the Website.
Website means the website at kite.weatherintelligence.global.
User Content means any and all content that is submitted, posted or otherwise added to this Website by any user, such as data, comments and observations.
Registration and Security
(a) You are responsible for maintaining the security of your password for the Website. We are not liable for any loss or damage arising from or in connection with your failure to comply with this security obligation.
(b) We may assume that any person using this Website with your username and password is you.
(c) You must notify us immediately of any known or suspected unauthorised use of any password or any other breach of security.
(d) You represent and warrant to us that all information provided to us by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
(e) We reserve the right to accept or reject any application for registration of an account with this website at our discretion.
(f) Without limiting any other remedies available to us at law or in equity, we reserve the right to, without notice:
i. temporarily or indefinitely suspend, or terminate, your access to this Website if:
i. you breach any of these General Terms or Additional Terms; or
ii. we believe, acting reasonably, that your actions may cause damage and/or legal liability to us, or our customers or suppliers or any other person;
ii. remove or block access to information and/or materials (in whole or in part) that we, in our discretion, reasonably believe is in violation of any applicable law, any person’s intellectual property rights or these General Terms or Additional Terms.
(b) You must not:
i. use any device, routine or software that interferes, or attempts to interfere with the proper working of the Website;
ii. engage in any action that requires or may require an unreasonable or excessively large load on our infrastructure;
iii. use this Website to decipher passwords, or security encryption codes, transmit any worms, viruses, trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
iv. use this Website to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
v. use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Website;
vi. use this Website by any automated means;
vii. reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Website;
viii. do anything that leads, or may lead to a decrease in the value of our intellectual property rights on this Website; and
ix. share screenshots or videos of the website on social media.
(a) We retain ownership of all Proprietary Content or its licensors (as applicable). It is protected by Australian and international copyright laws.
(b) You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these General Terms or with the prior written consent of the Company or other copyright owner (as applicable).
(c) The look and feel of this Website (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without our prior written consent.
Limitation of Liability
(a) To the maximum extent permitted by law, we exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these General Terms and Conditions or the Additional Terms or the use of this Website by you or any other person
(b) To the maximum extent permitted by law, we expressly limit our liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):
i. the supply of the Services again; or
ii. the payment of the cost of having the Services supplied again.
(c) Our maximum liability for a breach of these General Terms and the additional Terms is limited to the lower of:
i. $20,000; or
ii. the amount of fees received by us from you in the previous 12 months prior the claim.
(a) To the maximum extent permitted by law we expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this Website.
(b) Unless we specifically state otherwise, we do not represent, warrant or guarantee that:
i. the use of the Website will be secure, timely, uninterrupted or error free or operate in combination with any other hardware, software, system or data;
ii. this Website will meet your requirements or expectations;
iii. anything on this Website, or any third-party website referred to or linked to in this Website, is reliable, accurate, complete or up to date;
iv. the quality of products, information or other material purchased or obtained through this Website will meet any particular requirements or expectations;
v. errors or defects will be corrected; or
vi. this Website or the servers that make it available are free of viruses or other harmful components.
(a) Payment for orders placed through this Website may be made by credit card processed online using the secure Stripe payment gateway or using a Stripe account.
(c) Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address).
(d) While Stripe and our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than us.
(a) The following rules of interpretation will apply to our agreement with you:
i. Headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision of these General Terms;
ii. The singular includes the plural and vice-versa;
iii. A reference to a ‘person’ includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
iv. The meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’, ‘in particular’ or similar expressions.
(b) We may provide notices to you to the email address which you provided to us as part of the registration process.
(c) Subject to clause (d) below, we may vary these General Terms or any Additional Terms from time to time by 30 days’ written notice to you and the varied terms will apply:
i. if the Services provided by us to you via the Website are a subscription basis, then from the date of the commencement of the next renewed term;
ii. for all other users of the Website, 30 days’ from receipt of notice.
(d) For the purpose of clause (c) above:
i. your continued use of the Website on or after 30 days from the date of receipt of notice or the commencement of the subsequent term will constitute acceptance of the varied terms; and
ii. we may provide notice of the amended terms by posting them on our Website.
(e) You may not assign, transfer or sub-contract any of your rights or obligations under these General Conditions without our prior written consent. We may assign, transfer or sub-contract any of our rights or obligations under these General Conditions at any time without notice to you.
(f) Any waiver of a power or right under these General Conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by a party entitled to act with respect to a breach does not waive that party’s rights to act with respect to that breach or any other subsequent or similar breaches.
(g) If any provision of these General Terms is held to be illegal, invalid or unenforceable under present or future laws, such provision may be removed and the remaining provisions shall be enforced.
(h) These General Conditions will be governed in all respects by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.