Terms, Conditions and Privacy

willyweather.com.au ('willyweather', 'this website') is owned by WillyWeather (AU) Pty Ltd ('Willyweather', 'us', 'we', 'our')

By using the WillyWeather.com.au website, you accept and agree to the terms and conditions set out in this document. This document may be amended from time to time with the addition of new features and services, or the alteration of existing features and services, or otherwise by our discretion. These amendments will be made without notice to you and will be effective as soon as the changes are made to this document.

You must not reproduce, modify or adapt anything on this website for use elsewhere, without our prior consent. Including but not limited to intellectual property rights and copyright which is owned or licensed by us, or used by permission from a third party.

1. The WillyWeather.com.au website and any of its contents must not be used:
   1. In breach of the law or any regulation,
   2. To infringe on the rights of a third party,
   3. In breach of any standards or requirements practiced and/or promoted by any relevant authority, or
   4. In association with any information that might be, or that might promote abusive, threatening, defamatory, unlawful, obscene, profane, pornographic or indecent conduct.

1. WillyWeather is willing to give its permission for a link (or links) to any page on this website under the following conditions:
   1. WillyWeather may cancel our permission to a link at any time. If requested to remove a link by us, you must do so immediately.
   2. You must clearly identify each link as a link that is pointing to the WillyWeather.com.au website.
   3. You must ensure that the link is never broken, and is always pointing to the correct page as indicated.
   4. You must ensure that the link is provided in a context or a manner that does not express or imply a negative opinion of WillyWeather.com.au
   5. You must ensure that the link, and any information on the page it points to, will not be used for any commercial gain.
   6. You must indemnify WillyWeather against any harm we may suffer as a result of your link.

1. Links to websites that are not under the control of WillyWeather, hereby known as 'external websites' are provided as part of the content of the WillyWeather website. You must acknowledge that:
   1. External websites are not under our control.
   2. The content of any web pages on external websites is not our responsibility.
   3. The appearance of a link on the WillyWeather site does not indicate an endorsement, a recommendation or an approval of any of the content found on the external website.
   4. Links to external websites may not be up to date, and are not checked by us.

WillyWeather displays information produced by external organisations including the Bureau of Meteorology (BoM) and the National Oceanic and Atmospheric Administration (NOAA). WillyWeather is not affiliated with these organisations and is privately run.

1. General - The information provided by WillyWeather is distributed in the hope that it will be useful, but without any warranty; without even the implied warranty of merchantability or fitness for a particular purpose.
2. Tide variations - Unofficial tide variations and tide predictions for secondary ports which are calculated using average time differences should not be used for navigation.
3. Emergency situations - Information provided by WillyWeather must not be used in emergency situations. In emergencies please refer to the Bureau of Meteorology warnings page.
4. The nature of weather - It is important to remember that weather is unpredictable. Weather forecasting is not an exact science, and weather observations can contain errors, omissions or loss of data.
5. System failures and technical glitches - It is also important to remember that system failures and technical glitches can occur that may result in errors, omissions, loss of data or notification failures. These include (but are not limited to) server failure, software logical errors, power outages, and anything else that results in WillyWeather systems failures.
6. Liability indemnity - As a result of the nature of weather and the existence of system failures and technical glitches, WillyWeather does not accept responsibility for any direct or indirect loss or damage, whatever the cause (even by negligence), as a result of the use of information displayed on WillyWeather or provided by WillyWeather, or if WillyWeather is unavailable. This may also include information provided to WillyWeather by external websites.

1. General Information - WillyWeather Paid Accounts are a completely optional, value-added service offered by WillyWeather. Members have the choice of upgrading to a paid service during the sign-up process and at any other time.
   1. Payment processing - WillyWeather uses the Stripe payment processing system. Credit card details are stored by Stripe, and are not stored by WillyWeather. Each time a payment needs to be processed WillyWeather communicates with the Stripe API to process the payment using a unique user ID.
   2. Monthly account fees - The day that the first paid service is added to the user's account is the billing date (unless a 30 day free trial period applies). The future addition or deletion of paid services do not alter the billing date. When a paid service is added to an account, the next payment (on the billing date) will reflect only the portion of the previous month that the service was active. Conversely, when a paid service is removed from an account, the next payment (on the billing date) will reflect only the portion of the previous month that the service was active.
   3. Payment methods - WillyWeather currently accepts credit and debit cards through the Stripe payment processing system.
2. Notifications - WillyWeather account holders have the ability to create notifications (alerts, reports and warnings) that are automatically sent by our accounts system via email, SMS (or other medium as described on the website). Notifications are dispatched to the user based on conditions set by the user according to the weather data WillyWeather has in its database.
   1. WillyWeather assumes no liability for damages arising from the use of these notifications. Account holders accept the possibility that the data dispatched may not match the data on our website at the time the dispatches are made, either through problems with our data suppliers, or through system failures as described in section 8(e) of this document.
   2. Account holders also accept that while the data dispatched with the notifications may be correct, due to the nature of weather being unpredictable as described in section 8(d) of this document, any risks associated with activities undertaken by account holders as a result of this weather information is undertaken with the knowledge of the inherent risks associated with relying on such information.
   3. Account holders also accept the possibility of system failures as described in section 8(e) of this document, and the fact that notifications may be delayed or not sent out at all at any stage throughout the life of the website.
   4. SMS notifications, alerts and reports are delivered through a 3rd party SMS gateway. WillyWeather receives delivery notifications from this gateway and will attempt to resend any failed SMS's, either through the primary gateway, or through a backup gateway. As with all message delivery account holders accept the possibility of system failures as described in section 8(e) of this document.

1. General - There are a limited number of instances in which WillyWeather has access to user information of non-account holders that might be considered private. To demonstrate our ongoing commitment to the privacy of any current or future user of WillyWeather this privacy statement has been created, and will be updated from time to time as our website adds functions and services that might require changes to this document.
2. WillyWeather Account Holders - WillyWeather respects the private and confidential Information given to it by account holders, which are only used to facilitate the features used in the account system with regards to the delivery of weather services, and will not be sold, loaned or rented to any third party, unless account holders have opted to receive relevant offers by our partners.
3. Contact Information - WillyWeather will occasionally run online surveys and contests that may ask for the contact information of users (such as a name and email address). This contact information is used to contact users where necessary, and is only given to a third party if the third party is directly involved in the survey or contest.
4. IP Address - WillyWeather capture the IP address of users to gather broad demographic information, which helps diagnose problems with our server, or to administer our website. WillyWeather also uses cookies as a way to allow users to customise some functions on our web pages, so that selections are saved and remembered for future use, and for other purposes. Cookies are also used by the company that administers advertising on WillyWeather, but WillyWeather does not have access to this information.
5. External Links - WillyWeather is not responsible for the privacy practices or the content of websites that are not under our control. Also see Section 6 of this document.

1. General Information - The weather information contained within WillyWeather website widgets, that are provided to 3rd party websites, are subject to the terms and conditions set out in this document. By agreeing to the terms and conditions set out in this document, 3rd party websites that choose to display WillyWeather website widgets have the responsibility to inform their users of these terms and conditions.
2. Widget tampering - 3rd party websites that display WillyWeather widgets must not alter in any way the widget code that is provided by WillyWeather, including the removal of any links.

Scraping or copying any content from the WillyWeather website is strictly forbidden, unless you have received specific permission from us for each instance.

1. Acceptance of Terms
   1. Acceptance - In order to use the API you must agree to these terms. By using, viewing or otherwise exploiting the API or information on the API, you affirm that you have read and agree to be bound by these Terms. You acknowledge that if you violate these Terms, WillyWeather has the right to terminate your use of the API and all other rights licensed to you hereunder and/or take legal action against you.
   2. Capacity - You represent and warrant that you have the legal capacity and authority to accept the Terms and to bind yourself and any other person or entity accessing or using the API as a result of your acceptance of these Terms. If you are accepting on behalf of a business entity, you represent and warrant that you have the full legal authority to bind the business entity to these Terms.
   3. Updates - WillyWeather may modify and update the Terms at any time at its discretion. Your access or use of the API, the API Data and/or the WillyWeather Marks after modification of the Terms constitutes your acceptance of, and agreement to be bound by, the modified terms and conditions. If you do not agree with any modifications of the Terms, you must cease all access and use of the API, the API Data and the WillyWeather Mark and cease all exercise of any rights licensed to you by these Terms, which cessation shall constitute termination of the Terms by you, subject to the terms and conditions set forth in the Terms.
2. Licence - Subject to these Terms and to your remaining in compliance with these Terms, WillyWeather licenses to you a limited, worldwide, non-exclusive, non-transferable, revocable license for your personal or commercial use:
   1. to access, use and receive the API Data through the API, and to transmit, use and display API Data accessed through the API, for the purposes set forth in these Terms; and
   2. to use and display those trademarks, service marks, domain names, logos and other proprietary indicia of WillyWeather provided or indicated by WillyWeather (collectively, the “WillyWeather Marks”), solely for the purposes of indicating that the API Data is provided by WillyWeather and otherwise to comply with the attribution requirements set forth in these Terms.
3. Conditions - unless otherwise stated in these Terms, you agree that:
   1. Anywhere the API data is used, you will credit WillyWeather by name and brand logo as the source of the API data. Please email support@willyweather.com if you require WillyWeather artwork in order to comply with the terms.
   2. Anywhere the API data is used, you will also credit the Bureau of Meteorology, in the manner outlined here. The attribution must:
      1. Link the image to this web page
      2. be displayed on loading the application on a mobile computing device and subsequently in the “about” section of the application
      3. be positioned in the footer of all web pages containing Information and
      4. be prominently displayed and clearly visible on all electronic material.
   3. You will not modify the API data in any way.
   4. You will not sublicense, resell, redistribute or provide access to the API to any third party.
   5. You will not display API Data or the WillyWeather Marks in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by WillyWeather or that can be reasonably interpreted to suggest that content other than the API Data is provided, endorsed, sponsored, or approved by, or is otherwise associated with, WillyWeather.
   6. You will not use the API in connection with any mission critical application, product, service or facility, such as for the operation of emergency services, nuclear facilities, air traffic control or life support systems, where the use or failure of the API could lead to death, personal injury, severe property damage or environmental damage. You understand that the API is not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which WillyWeather is not responsible to you or any third party or entity.
   7. WillyWeather may at its discretion choose to upgrade the current version of the API at any time without notice to you, which you acknowledge may make the version of the API that you are using obsolete.
   8. You will not use the API Data to disparage WillyWeather or its products.
   9. You will not use the API Data in connection with any product, service, application or use (including advertising) that promotes or constitutes illegal activity, is adult-themed, contains sexual, violent or criminal content, relates to the sale of tobacco or alcohol to individuals under the age of legal consumption, gambling, “get-rich-quick” or similar schemes, or firearms, fireworks or ammunition, advocates violence or any act of intimidation, harassment, physical force or discrimination motivated by hostility to a person’s race, ethnic background, religious belief, sex, age, disability or sexual orientation, or violates any civil or criminal law.
   10. You will not reverse engineer, decompile or otherwise attempt to extract the source code of the API or any part thereof, unless doing so is expressly permitted or required by applicable laws.
   11. Upon request, you will provide WillyWeather with information, access and means to evaluate your use of the API, the API Data and the WillyWeather Marks free-of-charge in order to determine compliance with the Terms.
   12. You grant WillyWeather the limited right for WillyWeather’s trade, promotional and marketing purposes to use your name and the name, URL, and other identifying indicia of any product, service, application or use of the API or API Data to indicate that you are a customer of WillyWeather and that your product, service, application or use includes API Data.
4. Payments - The rights licensed to you under these Terms are contingent upon your payment of all amounts owed pursuant to the API section of the WillyWeather website, unless your level of use does not require payment under our pricing policies. All payments are non-refundable. You agree to make sure that your credit card and other billing information are valid and up to date.
5. Billing - Billing is done every 30 days, in arrears for each account. Each account receives 5,000 free requests to help with development, and the billing start date is the date that the account reaches 5,000 requests. On the billing date WillyWeather will charge for the total requests made in the previous 30 days.
6. Ownership/Intellectual Property Rights - You acknowledge and agree that, as between WillyWeather and you, WillyWeather is the sole owner of all right, title and interest in and to the API, the API Data (excluding any public domain data provided through the API), and the WillyWeather Marks. WillyWeather reserves all right, title and interest in and to the API, the API Data (excluding any public domain data provided through the API), and the WillyWeather Marks, including, without limitation, any and all worldwide copyright, patent, trademark, trade secret and other intellectual property rights therein, and, except for the rights and licenses expressly granted hereunder, neither these Terms nor WillyWeather’s performance of its obligations hereunder shall be construed as conferring upon you any right or license in or to the API, the API Data, or the WillyWeather Marks, by implication, estoppel or otherwise. All uses of the WillyWeather Marks will inure solely to the benefit of WillyWeather. Upon the expiration or termination of these Terms for any reason, you agree to delete and otherwise discontinue all uses of the API, the API Data, and the WillyWeather Marks. You disclaim any right, title or interest in or to the WillyWeather Marks and will not take any action to create a unitary composite mark involving a WillyWeather Mark. You agree that you will not contest or impair the rights of WillyWeather in and to the WillyWeather Marks.
7. Privacy Policy - The use of personal information is governed by the Privacy Statement in section 10 of our general terms and conditions.
8. Limitation of liability
   1. WillyWeather assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness, untimeliness or obsolescence of the API or the API data.
   2. You acknowledge that:
      1. Weather is unpredictable, and weather forecasting is not an exact science, and weather observations can contain errors, omissions or loss of data.
      2. System failures and technical glitches can occur that may result in errors, omissions, loss of data or notification failures. These include (but are not limited to) server failure, software logical errors, power outages, and anything else that results in WillyWeather systems failures.
      3. As a result of the nature of weather and the existence of system failures and technical glitches, WillyWeather does not accept responsibility for any direct or indirect loss or damage, whatever the cause (even by negligence), as a result of your use of the information displayed on WillyWeather or provided by WillyWeather, or if WillyWeather is unavailable. This may also include information provided to WillyWeather by external websites.
   3. You agree that neither WillyWeather nor any of its parents, affiliates, directors, shareholders, employees, representatives or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with these terms, the API, any API data, any WillyWeather Marks or any contractual or other dealings or relationships you may have with third parties based upon or related to the API or the API data. you acknowledge that the limitations in this section are reasonable and appropriate.
   4. You acknowledge and agree that your sole remedy in the event of a breach by WillyWeather of these terms shall be to stop using the API, the API data, and the WillyWeather marks and to terminate these terms. in the event that any court finds the foregoing provisions to be unenforceable or decides not to enforce them for any reason, you agree that in no event shall the total liability of WillyWeather to you under these terms exceed the greater of (i) the amounts paid by you to WillyWeather during the three months preceding the date that WillyWeather is notified of any claim by you, or (ii) $500.
9. Transmission Failures - WillyWeather will use commercially reasonable efforts to publish and transmit the API on a continuous and timely basis. WillyWeather is not, however, responsible for any failure or malfunction in communications; for any failure or refusal of any third party transmission intermediaries to transmit any API; or for the failure to transmit any API resulting from any natural disasters, wars, labor strike or other events beyond the control of WillyWeather. You acknowledge that, in circumstances involving natural disasters, federal, state and municipal governmental agencies may issue official weather watches, warnings, advisories, bulletins and similar communications, and that WillyWeather does not covenant or warrant to transmit such communications to you through the api or otherwise.
10. Unauthorised Use
    1. You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of the API or to circumvent the number of requests that are logged by WillyWeather for your account, or use and/or monitor API Data or any information in or related to the API for any unauthorized purpose.
    2. You will not make your API Key or login information available to any third party. You are responsible for all use of the API, API Data or the WillyWeather API website that occurs through your API Key or login information. You agree to promptly notify WillyWeather if you learn of a security breach related to your API Key or login information.
    3. You will use commercially reasonable efforts to prevent any portion of the API Data from being collected or extracted from your computer systems and from your products, services, applications, websites or other uses of the API Data by means of “robots,” “spiders,” “web crawlers” or other automated processes, devices, programs, algorithms or methodology. You will provide WillyWeather with prompt written notice thereof if you become aware that API Data is being collected or extracted in such a manner and will determine a commercially reasonable course of action to prevent or discourage such activity in the future. WillyWeather reserves the right to suspend your access to the API until such time as reasonable steps are taken to protect the API and the API Data.
11. Indemnification
    1. In connection with your use of the API and/or the API Data in connection with applications, products, services, programs or other uses produced or provided by you or any third party (“Your Uses”), you agree to be solely liable for any damage resulting from any infringement of copyrights, patents, other proprietary rights, or any other harm (including but not limited to harm caused by spyware, malware, worms, Trojan horses and viruses) resulting from Your Uses. You agree to indemnify and hold harmless WillyWeather and its parents, affiliates, directors, shareholders, representatives, employees and agents from and against any claim, demand, action or suit asserted by a third party, and all costs, liabilities, judgments, expenses and damages, including reasonable legal fees (collectively, “Losses”) suffered, sustained, incurred or paid in connection therewith, arising out of, resulting from or related to:
       1. your access to or use of the API or the API Data, including, without limitation, any claim that Your Uses infringe any proprietary, intellectual property or personal right of any third party or violates any law (excluding only claims that the API or the API Data as provided to all customers by WillyWeather - and not as implemented by you or combined with Your Uses - independently and directly infringe the rights of such third party or violate any law);
       2. any breach by you of these Terms; or
       3. any violation by you of any applicable laws, rules, regulations or statutes. You will not enter into any settlement that imposes any liability or obligation on WillyWeather, or contains any admission or acknowledgement of wrongdoing (whether in tort or otherwise), without WillyWeather's prior written consent.
12. Termination - Without limiting its other rights or remedies, WillyWeather may immediately terminate these Terms, or discontinue, suspend, terminate or block your or any user's use of the API, the API Data and/or the WillyWeather Marks at any time in its sole discretion. You may terminate these Terms by ceasing to use the API, the API Data and the WillyWeather Marks.
13. Entire Agreement - These Terms constitute the entire agreement between you and WillyWeather regarding the subject matter hereof, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not give any third party any rights or remedies hereunder. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of WillyWeather. You and WillyWeather agree that if any portion of these Terms is found to be illegal or unenforceable, such portion(s) shall be limited or excluded from these Terms to the minimum extent required and the balance of these Terms shall remain in full force and effect. You may not assign the rights and licenses granted herein without WillyWeather’s prior written consent. Subject to the foregoing limitation, these Terms will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.