The following are the terms and conditions on which you may use the MyWeather2.com web site (MyW2), a site provided by Weather2 Ltd. (W2) and by accessing MyW2 you agree to be bound by them.
W2 can change these terms at any time and you should check these terms regularly. Note that continued use of the MyW2 web site implies acceptance of the updated or amended terms. If you do not agree to the changes you should cease using MyW2.
You agree to use MyW2 only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use of MyW2. Prohibited behaviour includes the use of obscene or offensive content or actions that affect the normal flow of communication.
W2 shall not be liable if for any reason MyW2 is unavailable at any time or for any period. Also W2 holds the right over time to alter the underlying software coding and at that time W2 will not be liable to users for any temporary service failure.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the site, including without limitation trademarks, designs, logos, text, images, audio and video materials, and the underlying software code, are owned or licensed by W2. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of W2. Any rights not expressly granted in these terms and conditions are reserved.
You will pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide MyW2 with valid credit or purchase order information as a condition to signing up for any subscriptions service.
W2 will unless directed otherwise automatically renew and bill your credit card or issue an invoice to you as follows: (a) every month for monthly subscriptions, (b) every quarter for quarterly subscriptions, (c) upon the commencement of the annual term and then at each subsequent anniversary of that initial term for continuous annual subscriptions, or (d) upon such other terms as may be expressly provided to you by W2. All invoices shall be due and payable within 30 days after the invoice date.
If timely payment is not received or cannot be charged to your credit card for any reason, W2 reserves the right to either suspend or terminate your access to any subscriptions services and terminate this agreement. If W2 receives a cancellation notice from you, you will be obligated to pay the balance due on your account. You agree that W2 may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. You further agree to pay all of W2 costs of collection, including lawyer's fees, with respect to unpaid fees
W2 will accept no liability in any event including, without limitation, negligence for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses arising out of, or in connection with your use or inability to use MyW2, or in connection with any error, omission, defect, computer virus or system failure, or loss of any profit, goodwill or reputation, even if expressly advised of the possibility of such loss or damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from MyW2.
W2 reserve the right to modify, suspend or discontinue, temporarily or permanently, MyW2 or any part of it, with or without notice, at any time. You agree that W2 shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the MyW2.
Nothing in these terms and conditions shall limit the Company liability for: death or personal injury caused by the negligent of the Company, its directors, agents officers or representatives: fraud or fraudulent misrepresentation; or any other liability which cannot be excluded or limited by law.
You agree that you will not pursue any claims against W2 for any liability W2 may have under or relating to your use of MyW2 until you first make claims against your insurance provider(s) and such insurance provider(s) finally resolve(s) such claims. You waive your right of recovery against W2 (and waive the subrogation right of your insurance provider(s)) to the extent such claims are covered by your insurance.
UK law governs these terms and conditions and you agree that the United Kingdom Courts shall have exclusive jurisdiction to determine any matter or dispute in connection with or arising out of MyW2 and these terms and conditions. If you choose to access information on MyW2 it is your responsibility to comply with the applicable local, national or international laws and any use of this MyW2 outside the UK is entirely at your own risk. For guidance relating to your specific situation, please contact your legal adviser.