Environdata Disclaimer


This disclaimer governs your use of the WeatherMation Website. Please read this Disclaimer carefully. By using the website you are agreeing to this Disclaimer. You must not use the Website if you do not agree with this Disclaimer.

1 Data protection and use etc

1.1 Subject to its obligations under the Privacy Act and any law to the contrary, Environdata shall not have any Liability to the You (including any End User) in relation to any:

(a) data loss, encryption, mis-encryption, corruption, manipulation, error, miscalculation, misinterpretation or mis-interpolation (whether by use of data, the Software or any website of Environdata or other way (for example use of a third party website);

(b) Virus, cybersecurity attack or incident (on any website or in relation to any data) not directly caused by Environdata;

(c) failure by Environdata to:

(i) monitor, maintain, update or repair:

(A) any of its websites, and/or

(B) any Software, or

(C) any data, or

(ii) maintain functions on a website,

(iii) ensure content is not interrupted or error free, or defects corrected, or

(iv) the website or server is free of Viruses or bugs etc.

(d) issues concerning accuracy, currency, completeness, quality, reliability, availability or the application of any data,

(e) fitness for purpose or use by You (unless specifically agreed to otherwise by Environdata in writing with You),

(f) breach of any Intellectual Property Rights of any person by Environdata, You or any other person,

(g) failure to notify You (including any End User) of any of the above (either in a timely way or at all), or

(h) use of (or inability to use) any website provided by Environdata.

1.2 Your Data

In the event of any loss or damage to Your Data caused by Environdata's negligence, your sole and exclusive remedy is for Environdata to use reasonable commercial efforts to restore your lost or damaged Data from the latest back-up of that Data. Environdata is not responsible for any loss, destruction, alteration or disclosure of Your Data caused by You or any third party.

1.3 Software Support inclusions (Customers Only)

(a) Where applicable, Environdata will provide the Software support (if any) in accordance with its Standard Conditions of Supply. For this You must have a contract with Environdata and be a Customer. Environdata does not provide the Software support to a guest or End User.

(b) Software support consists of:

(i) phone and email support for Software on Business Days during Business Hours;

(ii) certain on-site support, either by technician or remote access, as Environdata deems necessary to ensure the Software remains in substantial conformity to the Specifications;

(iii) Environdata providing licence updates, patches, service packs and other minor updates to the Customer when they are available to Environdata. A charge may be payable by the Customer for this. the Customer agrees these will only be provided for periods Environdata considers commercially viable, and

(iv) when New Releases are available to Environdata, Environdata making them available to the Customer. The Customer agrees these New Releases will only be provided for periods Environdata considers commercially viable. the Customer is responsible for ensuring that any New Releases are compatible with and suitable for the Customer's requirements.

1.4 Service exclusions (Customers Only)

(a) Unless otherwise agreed in writing, Environdata has no liability for, and is not required to provide, Services if they relate to:

(i) Services outside of Business Days during Business Hours;

(ii) damage due to external causes outside Environdata’s control, including accident, disaster, electrical fault, power surges, lightning, internet connection fault, vandalism or burglary;

(iii) the Customer not following Environdata or the manufacturer’s written instructions for the Software and/or Services;

(iv) unauthorised repairs of damage caused by unauthorised personnel installing or modifying the Software or the Goods;

(v) the Customer or a third party’s abnormal use of the Software or the Goods and/or any repair or damage caused by such misuse;

(vi) any malfunction or specific requirement of any device, machine, equipment, item of hardware or other software that the Customer have linked to the Software;

(vii) correction or errors in any other software not supplied by Environdata or other relevant third party manufacturer;

(viii) Data being lost or damaged;

(ix) the Customer changing your Environment (other than as agreed in writing);

(x) where the Customer has not installed or maintained any error correction, current licence updates or New Releases supplied or made generally available by Environdata or other relevant third party manufacturers;

(xi) repair necessitated by a Virus or denial-of-service attack (or similar) in your Environment;

(xii) the Software demonstrating a fault for which the third party manufacturer has not or does not intend to release a correction;

(xiii) where the Customer customises the Software (when customisations are not permitted under its licence terms);

(xiv) any other services not included in the Services; and

(xv) high safety required use. The Software and the Goods and Services are designed and manufactured for general commercial use and are NOT designed for, developed or manufactured for use where high safety is required (to prevent personal injury, death or other high risk dangers). These are specifically excluded (including without limitation nuclear reaction control, airflight control, mass transport control, medical life support and missile launch control / weapon systems).

(b) Environdata may at its option provide some or all of the services stated above for an additional charge.

(c) Environdata will not be liable to the Customer or any other person in contract or tort or on any other legal basis for any Liabilities.

1.5 Limitation of Liability (Software Contract with Customer only)

To the extent permitted by law:

(a) all conditions, terms and warranties which are not expressly provided for in the Contract are excluded in relation to the supply of the Software and any Services connected therewith, and

(b) the Company’s Liability is limited (at the Company’s election) to one of the following:

(i) replacing the Software; or

(ii) repairing of the Software; or

(iii) the cost of replacing the Software; or

(iv) the cost of repairing the Software, and

(c) the Company is not liable to the Customer for any Liabilities arising out of or in connection with the supply of the Software and any Services connected therewith including, any negligent act or omission or misconduct on the Company’s part; and

(d) the Customer indemnifies the Company for any and all Liabilities arising out of or in connection with the supply of the Software and any Services connected therewith.

Company where used in this clause specifically includes all of its Personnel.

2. Definitions and Interpretation

2.1 Definitions

In this Disclaimer, the following terms have the meanings set out below:

Claim means any action, suit, proceeding or demand of any kind.

Company, Environdata, We and Us each means Environdata Weather Stations ACN 131 757 125, a member of the Environdata Group (even if not a company) or other person (responsible for supplying the Services and/or supplying the Goods (as the case may require).

Customer means a customer who has a current contract with Environdata.

End User means a person who is not currently a Customer but is either a guest or person who is an end user of Data derived from a Customer of Environdata or by any other means.

Environdata Group means the Company and:

(a) any Related Body Corporate of the Company;

(b) any unincorporated Joint Venture in which the Company or any Related Body Corporate of the Company has a participating interest of not less than 50 percent; and

(c) any body corporate or unincorporated Joint Venture managed by the Company or any Related Body Corporate of the Company.

Goods means the goods (if any) supplied by the Company and, where applicable, includes any other goods associated with the supply of the Services.

Intellectual Property Rights and IPR means all industrial and intellectual property rights whether protectable (or no) by statute, at common law or in equity, including all copyright and similar rights which may subsist or may hereafter subsist in works or any subject matter, rights in relation to inventions (including all patents and patent applications), trade secrets and know-how, rights in relation to designs (whether or not registerable), rights in relation to registered or unregistered trade marks, circuit layout designs and rights in relation to circuit layouts, but excludes non-assignable moral rights and similar non-assignable personal rights of authors and producers.

Liabilities means damages, Claims, losses, liabilities, costs and expenses of any kind including but not limited to:

(a) loss of profit, data, business contracts, revenues or anticipated savings; or

(b) loss resulting from any claim made by any third party; or

(c) special, indirect or consequential loss or damage of any nature whatsoever.

New Releases means any new versions of the Software that contain significant differences from the previous versions as to be generally accepted in the marketplace as constituting a new product.

Personnel means:

(a) in relation to the Company, any of its its past or present officers, employees, agents and representatives; and

(b) in relation to the Customer or an End User any of its past or present officers, employees, agents and representatives.

Privacy Act means the Privacy Act 1988 (Cth).

Process means collect, hold, use, transfer, destroy and any other dealing.

Related Body Corporate has the meaning given in the Corporations Act.

Services means the services supplied by the Company (and includes any supply of any incidental goods not specified but otherwise required in accordance with the Contract). Such work may include (but is not limited to) induction, training, design, modelling, construction, erection, demolition, excavation and tunnelling, installation, earthworks, transportation, electrical works, delivery, commissioning, testing, compliance, audit, repair, maintenance, remediation, hire and/or operation of machinery.

Where the Customer is supplied with software then services supplied may include access to the Software, hosting service, storage back up services, support and professional services and Service Levels (if applicable) shall have a corresponding meaning.

Virus means any thing or device (including any software, code, file or program) which may:

(c) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device;

(d) prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by rearranging, altering or erasing the program or data in whole or part or otherwise); or

(e) adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices but does not include any code, mechanism or device that is included in the Software by Environdata for the purpose of managing the licensed use of the Software.

You includes one or more of the following (as the case may require):

(a) guest,

(b) Customer, and

(c) End User.

Your Data means your data and your authorised user's input for the purposes of using the Software and/or Services.

Your Environment means your computer system and network (including all devices, machines, equipment not limited to computers, computer hardware and software, information technology, telecommunications, internet and other relevant infrastructure that interfaces with the Services and Software).

2.2 Interpretation

Headings are for convenience only and do not affect interpretation. The following rules apply unless the context requires otherwise.

(a) The singular includes the plural and conversely.

(b) A gender includes all genders.

(c) If a word or phrase is defined, its other grammatical forms have a corresponding meaning.

(d) The meaning of general words is not limited by specific examples introduced by "including" or "for example".

(e) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes all of them.

(f) A reference to a person or a Party includes a reference to that person's or Party's executors, administrators, successors, substitutes (including persons taking by way of novation), assigns (in the case of a person) and permitted assigns (in the case of a Party).

(g) A reference to an Act or legislation, includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it.

(h) A reference to "use", in the context of dealing with Intellectual Property Rights, includes using, exploiting, copying, adapting, creating derivate works, developing, modifying, disclosing and communicating.

(i) A reference to conduct includes, without limitation, an omission, statement or undertaking, whether or not in writing.

Forecasts Services, where provided, are based solely on Australian Bureau of Meteorology Forecasts.
For further information please refer to the BoM Terms & Conditions.