Terms & Conditions

Last updated: November 28 2022
Please read these terms and conditions carefully.

1. These terms of service apply to the use of the business.weatherzone.com.au website (‘Website’). By using the Website, you agree to these terms and conditions. If you do not accept these terms and conditions, you must not use the Website. We reserve the right to make changes to these terms of service which will be effective once they are published on the Website. You should revisit this area of the Website regularly to check the terms and conditions. When such changes are made, the “last updated” date at the top of this page will be modified.
2. The Website is owned and operated by The Weather Company Pty Limited ACN 078 711 930 (‘we’, ‘us’, etc) from Sydney, New South Wales, Australia.
3. To the maximum extent permitted by law, the Website and its content are provided on an “AS IS” and “AS AVAILABLE” basis. We do not warrant that functions contained in the Website or any of its content will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
4. IP rights
   1. All intellectual property rights, including copyright, in the Website and its contents are owned or licensed by us or are used by permission. Except as expressly permitted by the Copyright Act 1968 (Cth), and under these terms and conditions, you must not reproduce, modify or adapt the Website or any of its contents.
   2. You may download material from the Website and print a copy for your own use, if you do not remove any copyright and trade mark notices in the material.
   3. You acknowledge that these terms and conditions do not transfer any intellectual property right to you in the Website or any of its contents.
5. Using the Website
   You must not use the Website or any of its contents:
   1. in breach of any law or regulation,
   2. to infringe a third party’s rights,
   3. to breach any standards, content requirements or codes promoted by any relevant authority, or
   4. in connection with any information or material that may be, or that may encourage conduct that may be unlawful, threatening, abusive, defamatory, obscene, pornographic, profane or indecent.
6. Linking to the Website
   We permit links to the Website from other websites (‘third party websites’) on condition that:
   1. you clearly identify the link to the Website as a link to the weatherzone.com.au website,
   2. you regularly check the link to ensure that it remains current,
   3. you do not provide a link in a context or a manner which disparages our reputation,
   4. you must not use the link or information provided on the Website for your own commercial purposes,
   5. we may cancel our consent to a link at any time and, if we request it, you must immediately remove the link, and
   6. you indemnify us against any loss, damage or harm we may suffer as a result of your link.
7. Linking to other websites
   We provide links to other websites that are not under our control (‘linked websites’). You acknowledge that:
   1. we are not responsible for any content contained on those linked websites,
   2. we provide links to linked websites for convenience only and those links should not be construed as an endorsement, recommendation or approval by us of those linked websites, or the owners or operators of those linked websites, and
   3. links to linked websites may not remain current or be maintained.
8. Privacy
   1. Please see our privacy policy at https://www.weatherzone.com.au/privacy which sets out details of how we use your personal information.
9. Limitation of liability
   [Note: Summary of this clause: Our legal liability to you is limited to the maximum extent the law permits us to limit it.]
   1. We are not liable for any direct or indirect loss or damage, however caused (including by negligence), arising out of your use of or unavailability of the Website, any of its contents, or any linked websites. We are not liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Website regardless of the form of action.
   2. To the extent that our liability for a breach of any statutory condition or warranty cannot be excluded, then to the extent permitted by law, liability is limited to, at our discretion, the replacement of the information or material available from this site or a remedy of our choice contained in section 64A of the Australian Consumer Law.
10. General
    1. We may change these terms of service from time to time by posting the change(s) or updating these terms and conditions on the Website. All changes will be effective upon posting unless otherwise specified. If you do not agree to any modification(s), your only recourse is to cease using or accessing the Website. If you continue to access the Website after any changes become effective, then your access will constitute acceptance of such changes.
    2. We may at any time novate, assign, transfer, mortgage, charge or deal in any other way with these terms of service (or part thereof) or grant or confer the benefit of any right arising under these terms of service.
    3. If a particular term of these terms of service is not enforceable, it should be modified so as to be enforceable, but regardless will not affect any other terms. Any failure by us to act upon a breach of these terms of service does not constitute a waiver of any rights that we may have.
    4. These terms of service are governed by the laws of the state of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.